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 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 Stutsman, second by Thompson, to approve the minutes of the formal meeting of April 5, 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 Thompson, second by Stutsman, to approve and authorize the Chairperson to sign a letter to the City Development Board regarding North Liberty proposed voluntary annexation No. UA01-09.

Motion by Stutsman, second by Harney, to approve and authorize the Chairperson to sign a letter to the City Development Board regarding the proposed Annexation by the City of Oxford of the East 33 feet of Lot 10, Waterman’s Subdivision located in Section 21, Township 80 North, Range 8 West of the 5th P.M., Johnson County, Iowa.

Recessed at 5:37 p.m.; reconvened at 6:05 p.m.

Motion by Stutsman, second by Neuzil, to approve and authorize the Chairperson to sign the following Applications For Fireworks Permits: Duane E. Kasper, 1412 Brookwood Drive, Iowa City, for display at 2952 360th Street SW, Oxford on July 7, 8 or 9, 2001; Brennan L. Baehler, 2926 Prairie du Chien Road NE, Iowa City, on May 27th with a rain date of May 28th, 2001; and Michael T and Cynthia L. Evans, 2355 Mehaffey Bridge Road NE, North Liberty, on July 3 and 4, 2000.

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 2-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 Road NE in Newport Twp.).

Motion by Stutsman, second by Thompson, to defer Application S00038 until April 26, 2001.

Application SP-23 of Jerry Eyman, President, Gateway Ltd., requesting Site Plan approval for Lot 1 of Gateway Second Addition.

Whereas, the owner has filed application SP0023 for approval of a Site Plan, and

Whereas, the County Zoning Commission having studied said application recommends approval.

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

That said site plan be approved.

Motion by Stutsman, second by Neuzil, to approve Resolution 04-12-01-Z1.

Whereas the Johnson County Planning and Zoning Commission, following a public hearing, on April 9, 2001, filed its report and recommendations for certain actions;

Now, Therefore, Be It Resolved As Follows:

1. A public hearing in accordance with Section 335.6 of the Iowa Code is set for the 10th day of May 2001 at 6:00 p.m. in the Board Room, Johnson County Administration Building, 913 South Dubuque Street, Iowa City, Iowa, on the following: Z99050 (Swanson & Cornellis), S01006 (Wegman), S01008 (Southwick), A proposed revised Fringe Area Agreement between the City of Tiffin, Iowa and Johnson County, Iowa.

2. That the Johnson County Auditor be authorized to publish the official notice of the above public hearing.

Motion by Harney, second by Neuzil, to approve Resolution 04-12-01-Z2.

Convened Public Hearing on Zoning and Platting applications at 6:00 p.m.

Application Z00027 of JEBB, LLC, c/o Wolf Construction, Iowa City, Iowa, requesting rezoning of 1.76 acres from RS Suburban Residential to RMH Manufactured Housing Residential of certain property described as being in the SW 1/4 of the SW 1/4 of Section 21 and the NW 1/4 of Section 28 lying east of Highway #218; all in Township 79 North; Range 6 West of the 5th P.M. in Johnson County, Iowa (This property is located on the west side of Oakcrest Hill Road SE, at the west end of the existing RMH park via a private road in West Lucas Twp.).

Bob Wolf spoke for the application.

Motion by Stutsman, second by Neuzil, to waive the requirement of three considerations before amending an ordinance and to approve Application Z00027 on first and second consideration. Roll call: aye: Neuzil, Stutsman, Lehman, Thompson, Harney.

Application Z01002 of Chris L. Mottinger, Swisher, Iowa, signed by Chris L. Mottinger, requesting rezoning of 16.4 acres from A1 Rural to RS Suburban Residential of certain property described as being in the N 1/2 of the SE 1/4 of the SW 1/4 of Section 7; Township 80 North; Range 5 West of the 5th P.M. in Johnson County, Iowa (This property is located on the west side of Highway 1 NE, approximately 1/2 mile north of its intersection with Newport Road NE in Newport Twp.).

Glenn Meisner of MMS Consultants, Inc. and Chris L. Mottinger spoke for the application. Assistant Planning and Zoning Administrator R.J. Moore said Charles Duffy has concerns with the application. JoAnne Nelson spoke regarding the application.

Harney said a possible passing lane on Highway 1 and frontage road would reduce the size of the lots. Mottinger said there is an existing approved access to this property from Highway 1, not requiring a frontage road by using it as a shared driveway, and the passing lane will be widened to the east. Thompson asked if this application was in any substantial way different than the application they voted on before. Meisner said no.

Neuzil said he would support this application because it is the best use of the land, there is a low CSR, steep slopes, it’s near a hard surfaced road, the Zoning Commission voted 4-1 in favor of it, and it provides proper buffering. Neuzil said his biggest concern is the number of trees that will be lost. Thompson said she will be voting against this application because of pending improvements to Highway 1, there is a lot of agriculture in the area, individual septic systems are a problem, there is plenty of available land in the area for development, and it’s the intent of the Land Use Plan to preserve woodlands and other natural habitats. Lehman said he is supporting this application because there should be minimal impact to the trees, this would be the right density if this land is used, and there is a hard surface road. Harney said he can't support this application because 6 houses is too many in this area, woodlands should be kept as a buffer and agricultural land should be protected from encroachment.

Motion by Neuzil, second by Lehman, to waive the requirement of three considerations before amending an ordinance and to approve Application Z01002 on first and second consideration. Roll call: aye: Neuzil, Lehman; nay: Stutsman, Thompson, Harney.

Stutsman didn’t support this application because of the number of proposed lots, concerns that were already outlined by Thompson and Harney, including compatibility with the agriculture areas, and not using a cluster design. Mottinger asked if he could postpone the final vote until he could make an amendment to the number of proposed lots. Lehman said he wouldn’t support fewer lots. Thompson said it wouldn’t change her vote.

Motion by Thompson, second by Harney, to deny Application Z01002. Roll call: aye: Stutsman, Thompson, Harney; nay: Neuzil, Lehman.

Recessed at 7:10 p.m.; reconvened at 7:17 p.m.

Application S00025 of Lee Minor, Executor, signed by Doug Frederick of Hart Frederick Consultants, requesting preliminary and final plat approval of Minor Farms Subdivision, a subdivision described as being located in the North 1/2 of the NE 1/4 of Section 3; Township 81 North; Range 8 West of the 5th P.M. in Johnson County, Iowa (This is a 1-lot, 5.33 acre, farmstead split, located on the south side of the Linn-Johnson Road NW, approximately 1/4 of a mile east of its intersection with Derby Avenue NW in Monroe Twp.).

Whereas, the owner has filed application S00025 for approval of a preliminary and final plat of Minor Farms, 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:

Motion by Thompson, second by Harney, to approve Resolution 04-12-01-Z3.

Application S00048 of Westcott Partners LLP, signed by Thomas Bender, requesting final plat approval of Westcott Heights Part Three (Phrase One), a subdivision located in the West 1/2 of Section 26 and the East 1/2 of Section 27; all in Township 80 North; Range 6 West of the 5th P.M. in Johnson County, Iowa (This is a 51 lot (47 residential lots with 4 outlots), 78.96 acre, residential subdivision, located on the west side of Prairie du Chien Road NE, 500 feet south of its intersection with Newport Road NE in Newport Twp.).

Harney asked if the fences will be maintained. Tom Bender and Jim Anderson said the fences will be fixed according to agreements. Betty Sedlacek and her son spoke regarding the application. Glenn Meisner of MMS Consultants spoke for the application.

Whereas, the owner has filed application S00048 for approval of the final plat of Westcott Heights Part Three (Phrase One, 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:

Motion by Stutsman, second by Neuzil, to approve Resolution 04-12-01-Z4.

Application S01003 of Robert Cole, signed by Doug Frederick, requesting preliminary and final approval of Robert Cole Subdivision, a subdivision described as being located in the SE 1/4 of Section 29; Township 78 North; Range 6 West of the 5th P.M. (This is a 1 lot, 1.07 acre, farmstead split, located on the north side of 560th Street SW, approximately 1/3 mile west of its intersection with Observatory Avenue SW in Liberty Twp.).

Whereas, the owner has filed application S01003 for approval of a preliminary and final plat of Robert Cole 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:

Motion by Stutsman, second by Harney, to approve Resolution 04-12-01-Z5.

Application S01005 of Terry and Stephanie Rourke, signed by Doug Frederick, requesting preliminary and final plat approval of Rourke Subdivision, a subdivision described as being located in the E 1/2 of the SW 1/4 of Section 8; Township 80 North; Range 7 West of the 5th P.M. in Johnson County, Iowa (This is a 1 lot, 10.0 acre, farmstead split, located on the west side of Half Moon Ave. NW, approximately 140 feet south of its intersection with 250th Street NW in Madison Twp.).

Planning and Zoning Administrator Rick Dvorak said the Zoning Commission recommended denial because this application isn’t in compliance with the Road Performance Standards. Stutsman said the applicant can build today without going through this process; she didn’t understand why they were requesting 10 acres; she didn’t like the idea of deferring an application until the Board may change an ordinance; and it doesn’t meet Road Performance Standards requirements. Harney said he would like to approve this for the farmstead split but they can't because of the ordinance. Neuzil agreed.

Motion by Stutsman, second by Thompson, to deny Application S01005.

Public Hearing closed and meeting adjourned to informal meeting at 8:45 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 April 17, 2001.