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

Motion by Stutsman, second by Neuzil, to approve the minutes of the formal meeting of February 7, 2002.

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

Motion by Stutsman, second by Neuzil, to approve the Implementation of a Waiting List for Johnson County Mental Health/Developmental Disabilities Services funding immediately.

Whereas, the appropriations for Medical Examiner, Public Safety Area, Juvenile Justice, Court Services Area, and Court Services/Attorney, Public Safety Area, Court Services Area, and Interprogram Services Area, are not sufficient to meet increasing demands for services, and planned fourth quarter appropriations are deemed necessary to meet third quarter requirements;

Be it resolved that the appropriation for the General Basic Fund, Department 10 – Medical Examiner, Public Safety Area, be increased $41,023, for a total appropriation of $169,216, appropriated through June 30, 2002 the end of the fourth quarter; and

Be it resolved that the appropriation for the General Supplemental Fund, Department 27 – Juvenile Justice, Court Services Area, be increased $185,591, for a total appropriation of $742,362 appropriated through June 30, 2002 the end of the fourth quarter; and

Be it resolved that the appropriation for the General Supplemental Fund, Department 28 – Court Services/Attorney, Public Safety Area, be increased $17,550, for a total appropriation of $70,200, Court Services Area, be increased $12,375, for a total appropriation of $49,500, and Interprogram Services Area, be increased $713, for a total appropriation of $2,137 appropriated through June 30, 2002 the end of the fourth quarter.

Motion by Stutsman, second by Lehman, to approve Resolution 02-14-02-B1.

Convened Public Hearing on a proposed Bridge Replacement and Approach Grading Project on Eagle Avenue SW in Section 10, T-79N, R-8W Project Number BROS-C052(58)--8J-52 at 5:57 p.m.

Assistant Engineers Rob Winstead and Al Miller reviewed the process preparing for Eagle Avenue Bridge Replacement Project and funding for the project. No member of the public spoke regarding the project.

Public Hearing Closed at 5:59 p.m.

Whereas, Johnson County determines that for the general welfare of Johnson County and in the best interests of its citizens that Johnson County proceed with a Bridge Replacement and Approach Grading Project on Eagle Avenue in Section 10, Township 79 N, Range 8 W, Project Number BROS-C052(58)--8J-52.

Whereas, Johnson County determines that if this project is to be approved and constructed it will be necessary to obtain right of way from private property to do so, all as shown by the preliminary plans prepared by the office of the Johnson County Engineer and on file with the Johnson County Auditor’s Office.

Whereas, Johnson County did send and publish Notice of a Public Hearing to consider a proposed public improvement project to construct this Bridge Replacement and Approach Grading Project as required by Iowa Code §6B.2A entitled Notice of Proposed Public Improvement.

Whereas, Johnson County did after notice and publication, as required by law, hold said public hearing concerning said project on February 14, 2002, and

Whereas, Johnson County, at said public hearing, considered whether to proceed or not to proceed to approve the final route or site of the project, to fund the final site specific design, and to acquire private property for the public improvement either by negotiation and purchase, or condemnation, if necessary, and

Whereas, at said public hearing, the Johnson County Board of Supervisors did acknowledge and consider all public input, both oral and written.

Therefore, Be It Resolved that Johnson County does hereby approve the route or site location for this project.

Be It Further Resolved that Johnson County does hereby approve, and further agrees, to fund the final site specific design for this project.

Be It Further Resolved that Johnson County, through its representatives, shall make a good faith effort to acquire said property through negotiated purchase.

Be It Further Resolved that if the property cannot be acquired through negotiated purchase that the Johnson County Board of Supervisors hereby authorizes the acquisition of the property by condemnation procedures.

Motion by Harney, second by Stutsman, to approve Resolution 02-14-02-01.

Motion by Stutsman, second by Lehman, to approve and authorize the Chairperson to sign the Iowa Department of Transportation Agreement for Federal-Aid Highway Bridge Replacement and Rehabilitation (HBRR) Program Project BROS-C052(53)--8J-52 (bridge replacement on Half Moon Avenue NW in Section 32-80-7).

Whereas, Section IV (B) of the Agreement for Senior Center Operation dated June 30, 1981, by and between the City of Iowa City and Johnson County provides that on or before February 15 of each year the County shall transmit a resolution of funding commitment; and

Whereas, the County is facing a substantial revenue shortfall and the need to reduce expenditures for FY 2003 from the level of the current year; and

Whereas, the Board of Supervisors has concluded that it cannot commit the $145,664.00 which Iowa City has requested for 20% of the operational costs of the Senior Center for the fiscal year which begins on July 1, 2002, but that it can and is willing to contribute $100,000 under the terms of the Agreement;

Now, Therefore, Be It Resolved as follows:

1. $100,000 is the amount determined by the County as its financial commitment to the Senior Center for FY 2003;

2. The Board’s Executive Assistant is authorized and directed to notify the City of Iowa City of this resolution of commitment by providing copies thereof to the Senior Center Commission and the City Council.

Motion by Lehman, second by Neuzil, to approve Resolution 02-14-02-02.

Motion by Stutsman, second by Harney, to approve the SEATS Director job description.

Motion by Stutsman, second by Neuzil, to approve and authorize the Chairperson to sign the response to Chief Judge David Remley’s letter regarding Johnson County regarding Courthouse security.

Convened Public Hearing on Zoning and Platting applications and Zoning Ordinance Amendments at 6:23 p.m.

Application Z01015 of Gregg Koss, Cedar Rapids, Iowa, requesting rezoning of 5.0 acres from RS-Suburban Residential District and A1-Rural District to RS5-Suburban Residential District of certain property described as being Lot 1 of Johnson’s Cove Subdivision. A subdivision located in Section 8, Township 81 North, Range 7 West of the 5th P.M. in Johnson County, Iowa (This property is located on the east side of Blain Cemetery Road NW, approximately 3/4 of a mile south of its intersection with Seneca Road NW in Jefferson Twp.).

Assistant Planning and Zoning Administrator R.J. Moore said rezoning this lot would not set a precedent for this area, but would allow the applicant more flexibility in siting a house. He also noted the access to the road would remain the same.

Motion by Stutsman, second by Harney, to waive the requirement of three considerations before amending an ordinance and to approve Application Z01015 on first and second consideration. Roll call: aye: Neuzil, Stutsman, Thompson, Lehman, Harney.

Whereas the Johnson County Planning and Zoning Commission, following a public hearing, on February 11, 2002, 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 14th day of March, 2002 at 6:00 p.m. in the Board Room, Johnson County Administration Building, 913 South Dubuque Street, Iowa City, Iowa, on the following applications: Z01016 (Jefferson/Monroe Fire Department), S01004 (Gingerich), S02001 (Stutzman); and an ordinance amending Chapter 8:1.22.V.10 Road Performance Standards, by enacting additional provisions to, and by repealing any ordinances and parts of ordinances in conflict herewith: Add a new sentence to the final unnumbered paragraph of Article 8:1.22.V.10 which reads "A proposed subdivision or re-subdivision of a parcel of land that does not create any additional buildable lots is exempt from this article."

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

Motion by Stutsman, second by Neuzil, to approve Resolution 02-14-02-Z1.

Application Z01017 of Michael McCue, Iowa City, Iowa, requesting rezoning of 7.84 acres from A1-Rural District to RS-Suburban Residential District of certain property described as Outlots A & B of Whitetail Valley Part Two located in the SE 1/4 of Section 20, Township 80 North, Range 6 West of the 5th P.M. in Johnson County (This property is located at the end of Whitetail Lane, a private road off the west side of North Liberty Road NE in Penn Twp.).

Assistant Planning and Zoning Administrator R.J. Moore said their staff requested that the applicant include his adjoining property, for a total of about 30 acres, in a request to rezone to RS as a clustered subdivision. He said this would meet the County’s Land Use Plan, the Fringe Area Agreement, and would be favorable for future annexation into Coralville. Moore said clustered subdivisions are favored in the growth area of a city. Harney mentioned the 6 residentially-zoned lots in the subdivision and asked why they wouldn't allow the rezoning of the 2 outlots if they were part of the original subdivision. Moore said the philosophy of development has changed away from large lots and smaller clustered lots are more economical for providing city services.

Glen Meisner of MMS Consultants and Michael McCue spoke at length for the application.

Harney asked why they are trying to force the applicant to rezone his other land. Assistant County Attorney Andy Chappell said the Board will only be voting on the rezoning request before them for the 2 outlots, but the difference in this case is they know that there is additional property. Chappell said the applicant can make a better case by including additional property. Planning and Zoning Administrator Rick Dvorak said, when this subdivision was approved years ago, the 2 outlots were zoned agricultural. There was never a guarantee that the owner would be able to rezone that land.

Neuzil, Thompson, and Stutsman all cited the recommendation from the City of Coralville that this rezoning be denied. Neuzil said this area will probably be in Coralville in the near future. Thompson said they need to honor the Coralville Fringe Area Agreement. Stutsman said this is not the best use of the land and is incremental zoning, because these 2 lots were originally approved as outlots. Harney said these 2 lots are compatible with the first 6 residential lots.

Motion by Stutsman, second by Neuzil, to deny Application Z01017. Roll call: aye: Neuzil, Stutsman, Thompson, Lehman; nay: Harney.

Application S01028A of Kevin Vondracek, Fairfax, Iowa, signed by Glen Meisner of MMS Consultants, Inc., requesting preliminary and final plat approval of Vondracek Addition, a subdivision located in the SW 1/4 of the SE 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, 1.32 acre, farmstead split, located in the NE quadrant of the 120th Street NW and Derby Avenue NW intersection in Monroe Twp.).

Glen Meisner of MMS Consultants and Joan Vondracek spoke for the application.

Whereas, the owner has filed application S01028A for approval of a preliminary and final plat of Vondracek 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; Treasurer’s Certificate; Consent of Mortgagee; Fence Agreement; Access Easement; Easement for Public Highway; Acquisition Plat; Subdivider's Agreement; Exhibit "A" Legal Description; Resolution Affirming the Stability of the Current Road System

Motion by Stutsman, second by Harney, to approve Resolution 02-14-02-Z2.

Application S01032 of Patrick Kinney, signed by Doug Frederick of Hart-Frederick Consultants, requesting preliminary and final plat approval of Kinney’s First Subdivision, a subdivision described as being located in the SW 1/4 of Section 7, Township 79 North, Range 8 West of the 5th P.M. in Johnson County, Iowa. (This is a 1-Lot, 6.25 acre, Farmstead Split, located in the NW intersection of IWV Road Extension SW and IWV Road SW in Hardin Twp.).

Doug Frederick of Hart-Frederick Consultants was present to answer questions.

Whereas, the owner has filed application S01032 for approval of a preliminary and final plat of Kinney’s 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: Owner Certificate-Dedication; Title Opinion; Treasurer’s Certificate; Subdivider's Agreement; Fence Agreement; Resolution Affirming the Stability of the Current Road System

Motion by Harney, second by Stutsman, to approve Resolution 02-14-02-Z3.

Application S01042A of Russ Miller, Kalona, Iowa, subdivider, and Lester Yoder, Kalona, Iowa, owner, signed by Douglas P. Frederick of Hart-Frederick Consultants, P.C., requesting preliminary plat approval of Country View Subdivision Part II (a re-subdivision of Country View Subdivision), a subdivision described as being located in the NE 1/4, of the NE 1/4 of Section 14, Township 78 North, Range 8 West of the 5th P.M., in Johnson County, Iowa (This is a 20-lot, 14-Residential and 6-Outlots, 17.87 acre, Residential Subdivision. Located on the south side of 500th Street SW, approximately 100 feet west of its intersection with Cosgrove Road SW in Washington Twp.).

Doug Frederick of Hart-Frederick Consultants spoke for the application.

Harney asked if concerns with runoff have been addressed. Assistant Planner Dan Swartzendruber said a drainage-way easement was acquired. Thompson asked if all of the requirements have been met. Swartzendruber said they won't be met until final platting, but the applicants are aware of those requirements.

Whereas, the owner has filed application S01042A for approval of a preliminary plat of Country View Subdivision Part II, 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 Lehman, to approve Resolution 02-14-02-Z4.

Application S01047 of Harold and Mary Stutzman, Kalona, Iowa, signed by Douglas P. Frederick of Hart-Frederick Consultants, P.C., requesting preliminary and final plat approval of Dirty Face Addition, a subdivision located in the SW 1/4, of the SW 1/4 of Section 17, Township 78 North, Range 7 West of the 5th P.M., in Johnson County, Iowa (This is a 1-lot, 5.0 acre, Farmstead Split. Located on the east side of Hazelwood Avenue SW, approximately 300 feet north if its intersection with 520th Street SW in Sharon Twp.).

Michael Brenneman was present to answer questions.

Whereas, the owner has filed application S01047 for approval of a preliminary and final plat of Dirty Face 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-Consent to Platting; Title Opinion; Subdivider's Agreement; Treasurer’s Certificate; Fence Agreement; Resolution Affirming the Stability of the Current Road System; Exhibit "A"

Motion by Stutsman, second by Neuzil, to approve Resolution 02-14-02-Z5.

Application S01048 of Marty Beckler, Hills, Iowa, requesting preliminary and final plat approval of Beckler Subdivision, a subdivision described as being located in the SW 1/4, of the SE 1/4 of Section 32, Township 80 North, Range 7 West of the 5th P.M., in Johnson County, Iowa (This is a 1-lot, 4.0 acre, Farmstead Split. Located on the north side of 340th Street SW, approximately 1 mile west of its intersection with Ireland Avenue SW in Clear Creek Twp.).

Glen Meisner of MMS Consultants was present to answer questions.

Whereas, the owner has filed application S01048 for approval of a preliminary and final plat of Beckler 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 Harney, second by Lehman, to approve Resolution 02-14-02-Z6.

Recessed at 7:40 p.m.; reconvened at 7:50 p.m.

An ordinance amending Chapter 8:1.6.A1 District Use Regulations by enacting additional provisions to, and by repealing any ordinances and parts of ordinances in conflict herewith;

Add new

8:1.6.c.1.B The property to be separated from the farm shall contain no more than two (2) acres where no existing residence is being separated, and no more than five (5) acres where an existing residence and accessory structures are being separated, unless the Johnson County Department of Public Health has a higher minimum acreage requirement in which case the property to be separated from the farm shall meet that minimum requirement;

And by changing the current 8:1.6.c.1.B, to 8:1.6.c.1.C; and by changing the current 8:1.6.c.1.C, to 8:1.6.c.1.D.

Assistant Planning and Zoning Administrator R.J. Moore said they have had a year reviewing farmstead splits under the amended ordinance and they have had requests to split large parcels off farms, contrary to the intent of the ordinance.

Harney said 2 acres split out without an existing residence might not be adequate for having animals and an outbuilding. Stutsman said splitting off large parcels probably indicates the intent to split off more land in the future, so 2 or 5 acres is adequate. Lehman noted that additional ag land adjacent to a farmstead split may be purchased. Neuzil said he is absolutely against this proposal, because this further restricts what a family farmer can do with their land. Lehman said they passed the farmstead split provision to allow a son or daughter to live on the farm. Neuzil asked about the farmer who has 2 kids. Harney said the size of the platted lot allowed should be consistent.

Moore said one acre is adequate for a house and septic system, but they wanted the amendment to allow some flexibility.

Attorney Michael Brenneman and Dave Hahn spoke regarding the proposed farmstead split ordinance, particularly questioning the different acreage requirements. Camie Marshek and Glen Meisner of MMS Consultants spoke against the proposed amendments.

Assistant County Attorney Andy Chappell recommended, that if the Board changes the requirement in either case to 5 acres, the proposal should be sent back to the Planning and Zoning Commission.

Thompson said they should trust family farmers to decide how much land to put into a farmstead split. Lehman agreed, saying the Board could prevent further splits of the property. Stutsman said large lots would allow a less restrictive future Board to create new splits and asked if they want to encourage sprawl. Neuzil said not allowing farm families to continue to be a part of the family farm would lead to there not being any more farms. Stutsman noted possible conflicts resulting from adding residential lots in agricultural areas and said she just wants to protect farming for those who want to farm.

Motion by Stutsman, second by Lehman, to send the proposed amendment to the ordinance back to the Planning and Zoning Commission with a recommendation that the requirement be changed to 5 acres in either case. Roll call: aye: Stutsman; nay: Neuzil, Thompson, Lehman, Harney.

Motion by Stutsman, second by Lehman, to approve on first and second consideration an ordinance amending Chapter 8:1.6.A1 District Use Regulations. Roll call: aye: Stutsman; nay: Neuzil, Thompson, Lehman, Harney.

Motion by Neuzil, second by Lehman to deny the proposed ordinance amending Chapter 8:1.6.A1 District Use Regulations. Roll call: aye: Neuzil, Thompson, Lehman, Harney; nay: Stutsman.

Motion by Stutsman, second by Lehman, to revisit this issue in 6 months with a full accounting of acreage and review. Roll call: aye: Stutsman, Thompson, Lehman, Harney; nay: Neuzil.

A proposed ordinance amending Chapter 8:1.22.V.10 Road Performance Standards by enacting additional provisions to, and by repealing any ordinances and parts of ordinances in conflict herewith:

Add a new fourth unnumbered paragraph to Chapter 8:1.22.V.10: Farmstead Splits platted pursuant to Chapter 8:1.6.C of the Johnson County Zoning Ordinance are exempt from Chapter 8:1.22.V.10 Road Performance Standards;

or by adding: Farmstead Splits platted pursuant to Chapter 8:1.6.C of the Johnson County Zoning Ordinance where there is an existing residence are exempt from Chapter 8:1.22.V.10 Road Performance Standards.

Thompson did not understand why someone getting a farmstead split should be different than someone else. Stutsman said she doesn’t think this would add many more car trips. Replying to Lehman’s question, Moore said farmstead splits in fringe areas of cities are exempt from city review in most agreements.

Keith Marshek spoke in favor of the first proposed amendment.

Motion by Stutsman, second by Neuzil, to approve the 1st proposed amendment to the Johnson County Zoning Ordinance, Chapter 8:1.22.V.10, Road Performance Standards, on first and second consideration, by adding a new fourth unnumbered paragraph to Chapter 8:1.22.V.10: Farmstead Splits platted pursuant to Chapter 8:1.6.C of the Johnson County Zoning Ordinance are exempt from Chapter 8:1.22.V.10 Road Performance Standards. Roll call: aye: Neuzil, Stutsman, Lehman, Harney; nay: Thompson.

Motion by Stutsman, second by Harney, to deny the 2nd proposed amendment to the Johnson County Zoning Ordinance, Chapter 8:1.22.V.10 Road Performance Standards, by adding: Farmstead Splits platted pursuant to Chapter 8:1.6.C of the Johnson County Zoning Ordinance where there is an existing residence are exempt from Chapter 8:1.22.V.10 Road Performance Standards. Roll call: aye: Neuzil, Stutsman, Thompson, Lehman, Harney.

Public Hearing Closed at 8:52 p.m.

Motion by Harney, second by Stutsman, to cancel the Board of Supervisors’ formal and informal meetings for the week of March 17th due to the Iowa State Association of Counties Spring School of Instruction and Spring Break.

Motion by Neuzil, second by Harney, to declare broken computer equipment submitted by Information Services as surplus property and no longer of County use and authorize for disposal.

Motion by Stutsman, second by Neuzil, to approve and authorize the Chairperson to sign an Application For Fireworks Permit for Dennis Long, 8 Brickwood Knoll NE, Iowa City, on July 5 or 6, 2002.

Adjourned to informal meeting at 8:55 p.m.

Carol Thompson, Chair, Board of Supervisors

Attest: Tom Slockett, Auditor

By Casie Parkins, Recording Secretary

These minutes were sent for publication and formal approval on February 21, 2002.