MINUTES OF THE FORMAL MEETING OF THE JOHNSON COUNTY BOARD OF SUPERVISORS:

FEBRUARY 9, 2006

Chairperson Lehman called the Johnson County Board of Supervisors to order in the Johnson County Administration Building at 5:30 p.m.  Members present were: Pat Harney, Mike Lehman, Terrence Neuzil, Sally Stutsman, and Rod Sullivan.

Unless otherwise noted, all actions were taken unanimously.

Motion by Harney, second by Stutsman, to approve the claims on the Auditor’s Claim Register, as approved by a majority of the Supervisors.

Motion by Neuzil, second by Stutsman, to approve the minutes of the formal meeting of February 2, 2006.

Motion by Harney, second by Sullivan, to approve the payroll authorizations submitted by department heads, as approved by a majority of the Supervisors.

Convened Public Hearing on Platting Applications at 5:33 p.m.

Subdivision Application #12435 of Paul Rasch and Sara Goering, signed by J. Scott Ritter of Hart-Frederick Consultants, requesting preliminary and final plat approval of Rasch First Subdivision, a subdivision described as being located in the SE 1/4 of the SE 1/4 of Section 27, Township 81 North, Range 6 West, of the 5th P.M. in Johnson County, Iowa (This is a 1-lot, 5-acre, Residential Subdivision, located on the east side of Poplar Avenue NE, approximately 600 feet north of its intersection with 200th Street NE in Big Grove Twp.).

Sullivan asked if the access to the property is off of the vacated portion of Poplar.  Assistant Planner Dan Swartzendruber said yes.  Sullivan confirmed that they won’t lose access to their property.  Swartzendruber agreed.  Ralph Neuzil was present to answer questions.  Lehman asked if there have been any residential applications in Phase II of the growth area.  Swartzendruber said that no, but this application is unique because it will be a farming operation, but this platting is for a residence on the farming operation.

RESOLUTION 02-09-06-Z1

RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF RASCH FIRST SUBDIVISION, JOHNSON COUNTY, IOWA.

Whereas, the owner has filed application 12435 for approval of a preliminary and final plat of Rasch First Subdivision, and

Whereas, the County Zoning Commission having studied said application recommends that the plat be approved.

Now, Therefore, Be it Resolved by the Board of Supervisors of Johnson County, Iowa:

1.  That said plat be approved.

2.  That the Chairperson be directed to sign said plat and Subdivider's Agreement.

3.  This Resolution requires the recording of the following documents:

A. Resolution & Documents: Certificate of Owners and Subdividers; Title Opinion; Certificate of Treasurer; Subdivider’s Agreement; Covenant For Fences; Consent to Platting by Mortgage Holder; Resolution Affirming the Stability of Current Road System; Power of Attorney; B. Subdivision Plat: Plats 5

Motion by Harney, second by Stutsman, to approve Resolution 02-09-06-Z1.  Roll call: aye: Harney, Stutsman, Lehman, Sullivan; abstain: Neuzil.

Subdivision Application #12436 of Ronald and Debra Simpson, signed by J. Scott Ritter of Hart-Frederick Consultants, requesting preliminary and final plat approval of Curtin First Subdivision, a subdivision described as being located in the NW 1/4 of the SE 1/4 of Section 29, Township 80 North, Range 8 West, of the 5th P.M. in Johnson County, Iowa (This is a 1-lot, 2-acre, Farmstead Split, located on the north side of Gegenheimer Road NW, approximately 1/4 mile west of its intersection with Black Hawk Avenue NW in Oxford Twp.).

Stutsman confirmed that there will not be another farmstead split on this property.  Assistant Planner Dan Swartzendruber agreed.  Rick Zimmermann spoke for the application.  Sullivan and Stutsman were pleased that the farmstead split is only two acres.

RESOLUTION 02-09-06-Z2

RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF CURTIN FIRST SUBDIVISION, JOHNSON COUNTY, IOWA.

Whereas, the owner has filed application 12436 for approval of a preliminary and final plat of Curtin First Subdivision, and

Whereas, the County Zoning Commission having studied said appli­cation recommends that the plat be approved.

Now, Therefore, be it Resolved by the Board of Supervisors of Johnson County, Iowa:

1.  That said plat be approved.

2.  That the Chairperson be directed to sign said plat and Subdivider's Agreement.

3.  This Resolution requires the recording of the following documents:

A. Resolution & Documents: Certificate of Owner; Preliminary Title Opinion; Certificate of Treasurer; Subdivider’s Agreement; Covenant Concerning Fences; Consent to Platting by Mortgage Holder; Resolution Affirming the Stability of Current Road System; Affidavit; B. Subdivision Plat: Plats 5

Motion by Neuzil, second by Stutsman, to approve Resolution 02-09-06-Z2.

Public Hearing closed and reconvened Public Hearing on Platting Application S04051 at 5:45 p.m.

Application S04051 of George Floss requesting preliminary plat approval of Timber Grove Subdivision, a subdivision described as being located in the NE 1/4 of the NE 1/4 and in the NW 1/4 of the NE 1/4 of Section 6, Township 78 North, Range 7 West of the 5th P.M. in Johnson County, Iowa (This is a 5-lot, 1 Outlot, 7.77 acres; Residential Subdivision located on the west and south side of Hazelwood Avenue SW, approximately 1/4 mile north of its intersection with Iowa Highway #1 South in Sharon Twp.).

Assistant Planner Dan Swartzendruber explained the bus turnaround for the application.  Lehman asked if the School Board has received this.  Swartzendruber said that he received a letter from the Superintendent.  Swartzendruber said that a new legal description has been generated and quit claim deeds have been exchanged with the township trustees confirming the location of the cemetery.  Harney asked if there is an agreement for snow removal on the bus turnaround.  Swartzendruber said that they can write one for the final platting.  Swartzendruber said that after the preliminary plat, all improvements must be made prior to approval of the final plat.  Lehman asked if the 1,000 foot cul-de-sac enters into this.  Swartzendruber said that it is below 1,000 feet.  Stutsman said that this was a mass zoning from the 1960s and if the application came in for rezoning today it wouldn’t be approved.  Harney agreed.  Swartzendruber said that there will be 3 additional houses.  Ralph Neuzil spoke for the application.

RESOLUTION 02-09-06-Z3

RESOLUTION APPROVING THE PRELIMINARY PLAT OF TIMBER GROVE SUBDIVISION, JOHNSON COUNTY, IOWA.

Whereas, the owner has filed application S04051 for approval of a preliminary plat Timber Grove Subdivision, and

Whereas, the County Zoning Commission having studied said application recommends that the plat be approved.

Now, Therefore, Be it Resolved by the Board of Supervisors of Johnson County, Iowa:

1.  That said plat be approved.

2.  That the Chairperson be directed to sign said plat.

Motion by Harney, second by Sullivan, to approve Resolution 02-09-06-Z3.  Roll call: aye: Harney, Stutsman, Lehman, Sullivan; abstain: Neuzil.

Public Hearing closed at 5:58 p.m.

RESOLUTION 02-09-06-T1

TRANSFERRING FROM THE GENERAL SUPPLEMENTAL FUND TO THE GENERAL BASIC FUND

Whereas, property taxes are levied in the General Supplemental Fund for allowable expenditures made from the General Basic Fund; and

Whereas, it is desired to make periodic transfers of the budgeted amount from the General Supplemental Fund to the General Basic Fund during the 2005-2006 fiscal year as needed; and

Whereas, the budgeted amount to be transferred is $5,163,959.00.

Therefore be it resolved that the Auditor is authorized to make periodic transfers from the General Supplemental Fund to the General Basic Fund during the 2005-2006 fiscal year as funds are needed and available, not to exceed the sum of $5,163,959.00.

Motion by Stutsman, seconded by Neuzil, to approve Resolution 02-09-06-T1.

Motion by Stutsman, second by Harney, to approve and authorize the Chairperson to sign the Service Agreement for the preparation of a Comprehensive Land Use Plan in the amount of $28,158.

Adjourned to informal meeting at 6:07 p.m.

/s/ Mike Lehman, Chair, Board of Supervisors

Attest: Tom Slockett, Auditor

By Casie Kadlec, Recording Secretary

These minutes were sent for publication and formal approval on February 16, 2006.