Chairperson Lehman called the Johnson County Board of Supervisors to order in the Johnson County Administration Building at 5:33 p.m. Members present were: Pat Harney, Mike Lehman, Terrence Neuzil, Sally Stutsman, and Carol Thompson.

Unless otherwise noted, all actions were taken unanimously.

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

Motion by Thompson, second by Harney, to approve the minutes of the formal meeting of February 1, 2001.

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

Motion by Stutsman, second by Harney, to place the 2nd Quarterly report for the Sheriff’s Department on file in the Auditor’s Office in the amount of $29,750.

Motion by Harney, second by Neuzil, to approve temporarily paying for the Courthouse Centenary event costs from Department 18, Central Services.

Motion by Neuzil, second by Stutsman, to approve and authorize the Auditor to publish a Notice to Bidders setting a bid letting date of March 6, 2001 at 10:00 a.m. for seed and fertilizer for the Secondary Road Department’s use in calendar year 2001.

Motion by Stutsman, second by Thompson, to approve and authorize the Chairperson to sign the letter to the City Development Board regarding Tiffin voluntary annexation. (No. UA 01-02)

Whereas, The Johnson County Recorder has requested that its staffing authorization be modified by elimination of a currently vacant Clerk II position and the addition of an Account Clerk I position in its place; and

Whereas, the staffing revision proposed by the County Recorder appears reasonable and appropriate;

Now, Therefore, Be It Resolved that the currently vacant Clerk II position in the Office of the Johnson County Recorder be eliminated and in its place an Account Clerk I position be established. This action is taken in accordance with Section 331.903(1) of the Iowa Code.

Motion by Stutsman, second by Harney, to approve Resolution 02-08-01-01.

Motion by Thompson, second by Stutsman, to approve and authorize the Chairperson to sign the contract with the State Department of Public Health for Emergency Medical Services Training Money for $10,235.

Motion by Stutsman, second by Neuzil, to approve and authorize the Chairperson to sign the contract award for State Reimbursement to Counties for Substance Abuse Funding Fiscal Year 2001-2002 for $10,000.

Motion by Thompson, second by Stutsman, to appoint the following to the Johnson County Building Code Board of Appeals: in matters pertaining to the interpretations of the building officials, Gregory Schott (for a term expiring December 31, 2001), Michael Walters (for a term expiring December 31, 2004), and Michael Donohue (for a term expiring December 31, 2005); mechanical design, construction and maintenance, William Bednarz (for a term expiring December 31, 2002); representing the building industry, Carl Strub, III (for a term expiring December 31, 2003); representing the plumbing industry, Jane Hagedorn (for a term expiring December 31, 2004); and representing the electrical industry, David Wright (for a term expiring December 31, 2005).

Recessed at 5:55 p.m.; reconvened at 6:00 p.m.

Convened Public Hearing on Conditional Use Permit, Zoning and Platting applications at 6:02 p.m.

Application CU00003 of Ron Rushek, Davenport, Iowa, requesting a Conditional Use Permit to expand Saddleback Ridge (an existing nine hole golf course) on certain property described as being in the SE 1/4 of the SW 1/4 and the NE 1/4 of the SW 1/4 of Section 19; Township 81 North; Range 5 West of the 5th P.M. in Johnson County, Iowa (This property is located on the north side of 180th Street NE, approximately 3/4 of a mile east of its intersection with Highway #1 in Cedar Twp.).

Louella Ulch, Edward Ulch, Ron Rushek, and Glen Meisner of MMS Consultants, Inc., spoke for the application.

Harney said he wasn’t going to say no to the application when the Iowa Department of Transportation might not build the Solon by-pass for several years.

Whereas, the owner has filed application CU00003 for approval of a Conditional Use Permit to expand an existing golf course, and

Whereas, the Johnson County Board of Supervisors have reviewed said application and finds the proposed use to be consistent with the requirements of Chapter 8:1.34 of the Johnson County Zoning Ordinance.

Now, Therefore, Be It Resolved By The Board Of Supervisors Of Johnson County, Iowa:

1. That said Conditional Use Permit be approved.

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

Motion by Stutsman, second by Harney, to approve Resolution 02-08-01-Z1.

Application Z00035 of Lee M. Grabin, Oxford, Iowa, signed by Rozella Sorsenson Grabin, requesting rezoning of 6.19 acres from A1 Rural and RS Suburban Residential to RS-5 Suburban Residential of certain property described as Lot 1 of Windy Hills Subdivision located in the SW 1/4 of Section 10; Township 80 North; Range 8 West of the 5th P.M. in Johnson County, Iowa (This property is located on the north side of 255th Street NW, approximately 2/3 of a mile east of its intersection with Upper Old Highway #6 NW in Oxford Twp.).

Glen Meisner of MMS Consultants, Inc. spoke for the application. Stutsman asked if the old house was still there. Applicant Lee Grabin said it will be torn down.

Motion by Thompson, second by Harney, to waive the requirement of three considerations before amending an ordinance and to approve Application Z00035 on first and second consideration. Roll call: aye: Neuzil, Stutsman, Lehman, Thompson, Harney.

Application Z00036 of Paul & Theresa Thuerauf, Willcox, AZ, signed by Elizabeth Helfgott, Mt Vernon, Iowa, requesting rezoning of 5.61 acres from A1 Rural to RS-5 Suburban Residential of certain property described as Lot 1 of Theurauf Subdivision located in the SW 1/4 of Section 18; Township 81 North; Range 5 West of the 5th P.M. in Johnson County, Iowa (This property is located on the north side of Sutliff Road NE, approximately 1/4 of a mile west of its intersection with Taft Avenue NE in Cedar Twp.).

Elizabeth Helfgott and Glen Meisner of MMS Consultants Inc. spoke for the application.

Stutsman, Lehman, and Neuzil listed the following reasons to deny this application: wanting to preserve the agricultural area, there is an existing structure that can be improved or replaced, it is not in compliance with the Land Use Plan or the Solon Fringe Area Agreement, and the Planning and Zoning Commission voted against it 5-0.

Motion by Stutsman, second by Thompson, to deny Application Z00036. Roll call: aye: Neuzil, Stutsman, Lehman, Thompson, Harney.

Application Z00037 of Kathleen Bass, Solon, Iowa, signed by Glen Meisner of MMS Consultants Inc., requesting rezoning of 21.67 acres from A1 Rural to RS-3 and RS-10 Suburban Residential of certain property described as Lot 1 of Osborn Addition located in the NE 1/4 of the NE 1/4 of Section 12; Township 81; Range 7 West of the 5th P.M. in Johnson County, Iowa (This property is located on the south side of 120th Street NE, approximately 3/4 of a mile east of its intersection with Hickory Hollow Road NE in Jefferson Twp.).

Glen Meisner with MMS Consultants, Inc., spoke for the application. David Meggers, Keever Swenka, and Rudolph Velky, spoke against the application.

Thompson said this is an agricultural area and there is available in-fill in the area. Stutsman said this would be incremental zoning and expressed concern about potential conflicts with agricultural uses.

Motion by Thompson, second by Stutsman, to deny Application Z00037. Roll call: aye: Neuzil, Stutsman, Lehman, Thompson, Harney.

Application S9120A of Thomas Wegman, signed by Glen Meisner of MMS Consultants Inc., requesting preliminary plat approval of Prairie View Estates, Part Four (A Resubdivision of Lot 25 of Prairie View Estates, Part I), a subdivision of certain property described as being in the SW 1/4 of Section 35; Township 80 North; Range 6 West of the 5th P.M. in Johnson County, Iowa (This is a 22 lot, 30.86 acres, residential subdivision, located on the east side of Prairie du Chien Road NE, east of Prairie View Estates, Part I, II, III in Newport Twp.).

Brett Moore and Dennis Block spoke against the application. Jim Kenyon, Tom Wegman and Glen Meisner of MMS Consultants, Inc. spoke for the application.

Whereas, the owner has filed application S91020A for approval of a preliminary plat of Prairie View Estates Part Four (A Resubdivision of Lot 25 of Prairie View Estates, Part I), 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 Neuzil, second by Thompson, to approve Resolution 02-08-01-Z2.

Recessed at 7:27 p.m.; reconvened at 7:40 a.m.

Application S9949 of Daniel N. and Jeanne N. Berg requesting preliminary and final plat approval of Ivy Hill, a subdivision described as being located in the North 1/2 of the SW 1/4 of Section 21; Township 79 North; Range 7 West of the 5th P.M. in Johnson County, Iowa (This is a 1-lot, 2.80 acre, farmstead split, located on the east side of Ivy Avenue SW, approximately 1.5 miles south of its intersection with IWV Road SW in Union Twp.).

Tom Anthony from Landmark Surveying and Engineering, L.L.C. spoke for the application.

Whereas, the owner has filed application S99049 for approval of a preliminary and final plat of Ivy Hill, 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: Owner Certificate; Title Opinion; Certificate of the Treasurer; Consent of Mortgagee; Subdivider's Agreement; Fence Agreement; Resolution Affirming the Stability of the Current Road System

Motion by Harney, second by Stutsman, to approve Resolution 02-08-01-Z3.

Application S00038 of John & Ann Marie Buatti requesting preliminary and final plat approval of Saddle Back Ridge – Part Three, a subdivision described as being located in the NW 1/4 of Section 23; Township 80 North; Range 6 West of the 5th P.M. in Johnson County, Iowa (This is a 3-lot, 20.26 acre, residential subdivision, located 2.0 miles north of Iowa City and northeast of the intersection of Prairie du Chien Road and Saddle Club Rd NE in Newport Twp.).

John Buatti and Glen Meisner of MMS Consultants, Inc spoke for the application. Jim Houghton and Mary Ferentz spoke against the application.

Assistant Planning and Zoning Director R.J. Moore said an additional 10-foot easement requested for this plat is to accommodate the possibility of additional residential lots being added on this road. Moore said the road, at 40’, would meet the subdivision standards for a road with 6 lots or less. Planning and Zoning Director Rick Dvorak said the number of lots was counted based on past precedence of using platted lots, not agricultural land created by deed. Unplatted lots may not be further subdivided until adequate right-of-way is acquired; however the right to build a house would exist for the unplatted lots. The additional 10 feet is being set aside if in the future they need to widen the road. Dvorak added that no prior homeowners’ agreement stipulated that there could be no further subdivision along this road. Neuzil asked if this plat meets all of the requirements. Moore said yes. White said he wasn’t prepared to agree this plat meets all of the requirements. He said they should look at the additional costs created by an additional lot with the existing road maintenance agreement. He said the 10 feet of additional right-of-way could be identified for being set aside.

Motion by Thompson, second by Harney, to defer Application S00038 until March 8, 2001.

Application S00045 of Alan Ziskovsky requesting preliminary and final plat approval of Ziskovsky First Subdivision, a subdivision described as being located in the SW 1/4 of the SE 1/4 of Section 12; Township 81 North; Range 8 West of the 5th P.M. in Johnson County, Iowa (This is a 1-lot, 1.0 acre, farmstead split, located on the east side of the "L" Road NW, approximately 3200 feet east of its intersection with Falcon Avenue NW in Monroe Twp.).

Whereas, the owner has filed application S00045 for approval of a preliminary and final plat of Ziskovsky Addition, 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: Owner Certificate; Title Opinion; Certificate of the Treasurer; Consent of Mortgagee; Fence Agreement; Access Easement Agreement; Subdivider's Agreement; Resolution Affirming the Stability of the Current Road System

Motion by Stutsman, second by Thompson, to approve Resolution 02-08-01-Z4.

Application S00047 of Steve Musser requesting preliminary and final plat approval of Pechman Creek Addition, a subdivision described as being located in the SE 1/4 of the NE 1/4 of Section 23 and the SW 1/4 of the NW 1/4 of Section 24; all in Township 78 North; Range 6 West of the 5th P.M. in Johnson County, Iowa (This is a 1-lot, 1.56 acre, farmstead split, located approximately 1/2 mile south of 520th Street SE on the west side of Sand Road SE in Pleasant Valley Twp.).

Glen Meisner of MMS Consultants, Inc, spoke for the application.

Whereas, the owner has filed application S00047 for approval of a preliminary and final plat of Pechman Creek Addition, 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: Owner Certificate; Title Opinion; Certificate of the Treasurer; Consent of Mortgagee; ROW Easement Document; Acquisition Plat; Fence Agreement; Subdivider's Agreement; Resolution Affirming the Stability of the Current Road System

Motion by Stutsman, second by Harney, to approve Resolution 02-08-01-Z5.

Adjourned to informal meeting and public hearing closed at 8:44 p.m.

/s/Mike Lehman, Chair, Board of Supervisors

Attest: Tom Slockett, Auditor

By Casie Parkins, Recording Secretary

These minutes were sent for publication and formal approval on February 15, 2001.