Chairperson Harney called the Johnson County Board of Supervisors to order in the Johnson County Administration Building at 9:02 a.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 Thompson, second by Stutsman, to approve the claims on the Auditor’s Claim Register, as approved by a majority of the Supervisors.

Motion by Lehman, second by Neuzil, to approve the minutes of the formal meeting of January 9, 2003.

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

Motion by Stutsman, second by Lehman, to approve and authorize the Chairperson to sign: a Renewal Application for Class C Liquor License, Application For Outdoor Service Area, and Application For Sunday Sales Privilege for Rock’s Roadhouse, Iowa City, as submitted by Carl Jirsa and Mark Mitchell.

Whereas, Poweshiek Water Association filed a Petition with the Johnson County Auditor to attach real estate located in Johnson County, Iowa, and legally described on Exhibit "A", to the Poweshiek Water Association Rural Water District;

Whereas, the Johnson County Auditor presented said Petition to the Johnson County Board of Supervisors for the purpose of conducting a public hearing with respect to and considering the same, all pursuant to Iowa Code Chapter 357A;

Whereas, after publication of proper notice, a public hearing was held on Thursday, January 9, 2003, at 5:15 p.m. in the Board Room of the Johnson County Board of Supervisors on the proposed attachment of the real estate described in Exhibit "A" to the Poweshiek Water Association Rural Water District;

Whereas, no written comments on the proposed attachment were received by the date and time of the public hearing; and

Whereas, after the public hearing, the Johnson County Board of Supervisors finds that the proposed attachment of the Johnson County real estate described in Exhibit "A" to the Poweshiek Water Association Rural Water District is reasonably necessary for the public health, convenience, and comfort and may benefit fire protection of the residents in the described area of Johnson County; that the residents thereof will be benefited thereby and that said real estate should be attached to and incorporated as a part of the existing Poweshiek Water Association Rural Water District;

Therefore, Be It Resolved by the Johnson County Board of Supervisors that the Johnson County real estate described in Exhibit "A" attached hereto, and by this reference incorporated herein, be and is hereby attached to and incorporated as a part of the Poweshiek Water Association Rural Water District, all pursuant to Iowa Code Chapter 357A. Statutory notice to be provided by the Johnson County Auditor.

Exhibit "A"

Commencing at the point of beginning at the Northwest Corner of Section (6), Township Eighty-one (81) North, Range Eight (8) West of the 5^th P.M.; thence East to the point where the county boundary of Johnson County and Linn County intersects with Plum Creek; thence Southerly along Plum Creek to the point where Plum Creek meets the Iowa River, said point being located in Section Thirty (30), Township Eighty-one (81) North, Range Seven (7) West of the 5^th P.M.; thence Westerly from the point where Plum Creek meets the Iowa River along the Iowa River to the point where the Iowa River intersects the county boundary of Johnson County and Iowa County, thence North along the county boundary to the point of beginning.

Motion by Stutsman, second by Lehman, to approve Resolution 01-16-03-01.

Whereas, the appropriations for Insurance, Interprogram Services Area, are not sufficient to meet increasing demands for services; and

Whereas, due to an unexpected increase in property and casualty insurance costs that were not budgeted, the Interprogram Service Area for the Insurance Department will deplete its funds; and

Whereas, Central Services has available funds in its budget; and

Whereas, pursuant to section 331.434(6) of the Code of Iowa, a department appropriation may be decreased without a public hearing if the decrease is not more than the greater of $5,000 or ten percent of the department’s total budget; and

Therefore, be it resolved that Insurance (Dept. 22), Interprogram Service Area, is herewith appropriated an additional $43,600 for a total increase of $43,600 and total appropriation of $598,600 for fiscal year 2002-2003. The appropriation for Central Services (Dept. 18) is correspondingly decreased by $43,600 for a total of $393,173 for fiscal year 2002-2003. The relevant county service is Interprogram Services, which remains unchanged at $3,774,218.

Motion by Stutsman, second by Thompson, to approve Resolution 01-16-03-B1.

Motion by Stutsman, second by Lehman, to appoint Judy Nauseef to the Johnson County Integrated Roadside Vegetation Management Committee for an unexpired term ending June 30, 2005.

Motion by Stutsman, second by Neuzil, to approve and authorize the Chairperson to sign the Mental Health/Developmental Disabilities Services Provider Agency Contracts with the following: ACAPT, Evert Connor Center, and Pathways.

Application Z02007 of Lois Wingate, Iowa City, Iowa, signed by Kristin Wingate, requesting rezoning of 11.35 acres from A1 Rural and RS Suburban Residential to RS-5 Suburban Residential of certain property described as being in the SE 1/4 of Section 23, Township 79 North, Range 7 West of the 5th P.M. in Johnson County, Iowa (This property is located on the south side of Rohret Road SW, approximately 1.0 mile west of its intersection with Landon Avenue SW in Union Twp.).

SECTION I. PURPOSE. The purpose of this ordinance is to amend the Johnson County Zoning Ordinance by changing the classification of the real estate described in Section II hereof from A1-Rural District & RS- Suburban District to RS5-Suburban Residential District.

SECTION II. CHANGE IN CLASSIFICATION. The zoning classification of the following described real estate located in Union Township and comprised of approximately 11.35 acres to wit:

Commencing at the Southeast Corner of the Southwest One-Quarter of the Southeast One-Quarter of Section 23, Township 79 North, Range 7 West of the 5th P.M., Johnson County, Iowa; thence N00°00'00"W, 879.73 feet to the Point of Beginning at the most Southerly Corner of a tract of land as shown on a Boundary Survey Recorded in Plat Book 12 at Page 87 in the Records of the Johnson County Recorder; thence N56°22'13"W, along the Southwesterly line of said Tract, 998.01 feet; thence Northeasterly 68.13 feet along an arc of a 3544.58 foot radius curve, concave Northwesterly, whose 68.13 foot chord bears N49°50'44"E; thence N46°31'56"E, 264.27 feet; thence Northeasterly, 301.81 feet along an arc of an 890.00 foot radius curve, concave Southeasterly, whose 300.36 foot chord bears N56°14'49"E; thence N65°57'42"E, 369.42 feet to a point on the Easterly line of said Tract; thence S00°00'00"E, 1095.82 feet to the Point of Beginning, containing 11.35 acres and is subject to easements and restrictions of record.

is hereby changed from A1 & RS to RS5.

SECTION III. DISTRICT MAPS. The portion of the District Maps maintained in accordance with Article V, Section 2 of the Johnson County Zoning Ordinance as pertains to the real estate described in Section II of this ordinance is hereby repealed and amended to reflect the foregoing change in classification.

SECTION IV. REPEALER. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.

SECTION V. SAVINGS CLAUSE. If any section, provision or part of this ordinance shall be adjudged invalid, illegal or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid, illegal or unconstitutional.

SECTION VI. EFFECTIVE DATE. This ordinance shall become effective, after its passage and approval, upon publication as part of the proceedings of the Board of Supervisors.

On January 9, 2003 motion by Stutsman, second by Thompson, to waive the requirement of three considerations before amending an ordinance and to approve Application Z02007 on first and second consideration. Roll call: aye: Neuzil, Stutsman, Harney, Lehman, Thompson.

Motion by Thompson, second by Lehman, to approve Application Z02007 on final consideration and to approve Ordinance 01-16-03-Z1. Roll call: aye: Neuzil, Stutsman, Harney, Lehman, Thompson.

Application Z02016 of Neal A. Borntrager, Kalona, Iowa, requesting rezoning of 1.86 acres from A1-Rural District to M2-Heavy Industrial District of certain property described as Lot 3 of Farmers Henhouse Subdivision being in the SW 1/4 of the SE 1/4 of Section 14; Township 78 North; Range 8 West of the 5th P.M. in Johnson County, Iowa. (This property is located on the north side of 520th Street SW, approximately 1/3 mile west of its intersection with Cosgrove Road SW in Washington Twp.).

SECTION I. PURPOSE. The purpose of this ordinance is to amend the Johnson County Zoning Ordinance by changing the classification of the real estate described in Section II hereof from A1-Rural District to M2-Heavy Industrial District.

SECTION II. CHANGE IN CLASSIFICATION. The zoning classification of the following described real estate located in Washington Township and comprised of approximately 1.86 acres to wit:

Commencing at the south one-quarter corner of Section 14, Township 78 North, Range 8 West of the Fifth Principal Meridian, Johnson County, Iowa; Thence S89º52’42"E, along the south line of the southeast one-quarter of said Section 14, a distance of 983.69 feet to the southwest corner of Lot 2, Farmers Henhouse Subdivision, Johnson County, Iowa; Thence N00º00’30"E, along an easterly line of said Lot 2, a distance of 213.88 feet to the Point of Beginning; Thence continuing N00º00’30"E, 679.54 feet; Thence S89º52’42"E, 119.05 feet to a point on an east line of said Lot 2; Thence S00º00’30"W, along said east line, 679.54 feet; Thence N89º52’42"W, 119.05 feet to the Point of Beginning, containing 1.86 acres and is subject to easements and restrictions of record.

is hereby changed from A1 to M2.

SECTION III. DISTRICT MAPS. The portion of the District Maps maintained in accordance with Article V, Section 2 of the Johnson County Zoning Ordinance as pertains to the real estate described in Section II of this ordinance is hereby repealed and amended to reflect the foregoing change in classification.

SECTION IV. REPEALER. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.

SECTION V. SAVINGS CLAUSE. If any section, provision or part of this ordinance shall be adjudged invalid, illegal or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid, illegal or unconstitutional.

SECTION VI. EFFECTIVE DATE. This ordinance shall become effective, after its passage and approval, upon publication as part of the proceedings of the Board of Supervisors.

On January 9, 2003, motion by Stutsman, second by Lehman, to waive the requirement of three considerations before amending an ordinance and to approve Application Z02016 on first and second consideration. Roll call: aye: Neuzil, Stutsman, Harney, Lehman, Thompson.

Motion by Lehman, second by Stutsman, to approve Application Z02016 on final consideration and to approve Ordinance 01-16-03-Z2. Roll call: aye: Neuzil, Stutsman, Harney, Lehman, Thompson.

Application Z02017 of Geneva Wieland, Lone Tree, Iowa signed by Tom Anthony of Landmark Surveying & Engineering, requesting rezoning of 1.53 acres from RS20-Suburban Residential District to RS-Suburban Residential District and 19.07 acres from RS20-Suburban Residential District to A1-Rural District of certain property described as being in the NE 1/4 of the NE 1/4 of Section 20; Township 77 North; Range 5 West of the 5th P.M. in Johnson County, Iowa (This property is located on the south side of 640th Street SE, in the SW Quadrant of its intersection with Utah Avenue SE in Fremont Twp.).

SECTION I. PURPOSE. The purpose of this ordinance is to amend the Johnson County Zoning Ordinance by changing the classification of the real estate described in Section II hereof from RS20-Suburban Residential District to RS- Suburban District & A1-Rural District.

SECTION II. CHANGE IN CLASSIFICATION. The zoning classification of the following described real estate located in Fremont Township and comprised of approximately 1.53 acres to wit:

Rezoning Tract 1

Part of the E 1/2 NE 1/4 NE 1/4, Section 20, T. 77 N., R. 5 W. of the 5th P.M., Johnson County, Iowa as recorded in Book 666 - Page 143, Johnson County Recorder's Office described as follows: Beginning at the north line of said Section 20 at a point S 90º00'00" W - 407.91 feet from the NE corner thereof; thence S 02º23'47" W - 253.00 feet; thence N 89º20'09" W - 261.97 feet to the west line of said E 1/2 NE 1/4 NE 1/4, Section 20; thence N 00º28'53" E - 249.75 feet along said west line to the north line of said Section 20; thence N 90º00'00" E - 270.43 feet along said north line of Section 20 to the Point of Beginning. Said RS Parcel contains 1.53 acres which includes 0.21 acre of public road ROW easement along the north boundary.

is hereby changed from RS-20 to RS.

SECTION II. CHANGE IN CLASSIFICATION. The zoning classification of the following described real estate located in Fremont Township and comprised of approximately 19.07 acres to wit:

Rezoning Tract 2

Part of the E 1/2 NE 1/4 NE 1/4, Section 20, T. 77 N., R. 5 W. of the 5th P.M., Johnson County, Iowa as recorded in Book 666 - Page 143, Johnson County Recorder's Office described as follows: Beginning at the NE corner of said Section 20; thence S 00º30'07" W - 1324.91 feet along the east line of said Section 20; thence N 89º47'46" W - 677.85 feet along the south line of said NE 1/4 NE 1/4, Section 20; thence N 00º28'53" E - 1072.74 feet along the west line of said E 1/2 NE 1/4 NE 1/4, Section 20; thence S 89º20'09" E - 261.97 feet; thence N 02º23'47" E - 253.00 feet to the north line of said Section 20; thence N 90º00'00" E - 407.91 feet along the north line of said Section 20 to the Point of Beginning. Said A1 Parcel contains 19.07 acres which includes 1.69 acres of public road ROW easement along the north and east boundaries.

is hereby changed from A1 to RS.

SECTION III. DISTRICT MAPS. The portion of the District Maps maintained in accordance with Article V, Section 2 of the Johnson County Zoning Ordinance as pertains to the real estate described in Section II of this ordinance is hereby repealed and amended to reflect the foregoing change in classification.

SECTION IV. REPEALER. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.

SECTION V. SAVINGS CLAUSE. If any section, provision or part of this ordinance shall be adjudged invalid, illegal or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid, illegal or unconstitutional.

SECTION VI. EFFECTIVE DATE. This ordinance shall become effective, after its passage and approval, upon publication as part of the proceedings of the Board of Supervisors.

On January 9, 2003 motion by Thompson, second by Neuzil, to waive the requirement of three considerations before amending an ordinance and to approve Application Z02017 on first and second consideration. Roll call: aye: Neuzil, Stutsman, Harney, Lehman, Thompson.

Motion by Stutsman, second by Neuzil, to approve Application Z02017 on final consideration and to approve Ordinance 01-16-03-Z3. Roll call: aye: Neuzil, Stutsman, Harney, Lehman, Thompson.

Whereas the Johnson County Planning and Zoning Commission, following a public hearing, on January 13, 2003, 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 13^th day of February, 2003 at 6:00 p.m. in the Board Room, Johnson County Administration Building, 913 South Dubuque Street, Iowa City, Iowa, on the following: Z02018 (Morrison), S02045 (Wieland), S02054 (Gerdin), S02062 (Bender), and S02064 (Pacha).

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

Motion by Stutsman, second by Lehman, to approve Resolution 01-16-03-Z1.

Adjourned to informal meeting at 9:17 a.m.

/s/Pat Harney, Chair, Board of Supervisors

Attest: Tom Slockett, Auditor

By Casie Parkins, Recording Secretary

These minutes were sent for publication and formal approval on January 23, 2003.