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

FEBRUARY 13, 2003

Chairperson Harney 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 Thompson, second by Lehman, to approve the minutes of the formal meeting of February 6, 2003.

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

Motion by Thompson, second by Lehman, to deny waiving the application fee of $562.00 for Geneva Weiland for rezoning application Z02017.

Motion by Neuzil to reject changes to the 1998 Land Use Plan as recommended by the Johnson County Planning and Zoning Commission. Motion died for lack of a second.

RESOLUTION 02-13-03-Z1

Whereas, the Johnson County Planning and Zoning Commission, following a public hearing, on February 10, 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 13th day of March, 2003 at 6:00 p.m. in the Board Room, Johnson County Administration Building, 913 South Dubuque Street, Iowa City, Iowa, on the following: Z03001 (Yutzy).

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 02-13-03-Z1.

Convened Public Hearing on Zoning and Platting Applications at 6:12 p.m.

Application Z02018 of Judy Morrison, Oxford, Iowa, requesting rezoning of 16.32 acres from A1-Rural District & RS-Suburban Residential District to RS10-Suburban Residential District of certain property described as being Lot 1 and a portion of Lot 3 of Seven Feathers in the NW 1/4 of Section 14, Township 80 North, Range 8 West of the 5th P.M. in Johnson County, Iowa (This property is located on the east side of Eagle Avenue NW, approximately 1 mile north of its intersection with Highway #6 NW in Oxford Twp.).

Motion by Stutsman, second by Neuzil, to waive the requirement of three considerations before amending an ordinance and to approve Application Z02018 on first and second consideration. Roll call: aye: Neuzil, Stutsman, Lehman, Thompson, Harney.

Application S02045 of Geneva Wieland, Lone Tree, Iowa, signed by Tom Anthony of Landmark Surveying & Engineering, Inc., requesting preliminary and final plat approval of Wieland Farmstead, a subdivision described as being located in the E 1/2 of 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 is a 2-lot, 20.6 acre, Residential Subdivision located at the SW quadrant of 640th Street SE and Utah Avenue SE in Fremont Twp.).

RESOLUTION 02-13-03-Z2

RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF GENEVA WIELAND FARMSTEAD, JOHNSON COUNTY, IOWA.

Whereas, the owner has filed application S02045 for approval of a preliminary and final plat of Geneva Wieland Farmstead, 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: Lone Tree City Council Approval; Owner Certificate & Statement of Consent; Title Opinion; Subdivider's Agreement; Treasurer’s Certificate; Fence Agreement; Resolution Affirming the Stability of the Current Road System

Motion by Lehman, second by Thompson, to approve Resolution 02-13-03-Z2.

Application S02054 of Russell Gerdin, Coralville, Iowa, signed by Glen D Meisner of MMS Consultants Inc., requesting final plat approval of Timber Pointe Estates, a subdivision described as being located in the NW 1/4, of Section 33; Township 81 North; Range 6 West of the 5th P.M., in Johnson County, Iowa (This is a 31-Lot [27-residential lots & 4-outlots], 109.56-acre, Residential Subdivision. Located on the West Side of Mehaffey Bridge Rd NE, approximately 1200’ north of its intersection with Sugar Bottom Rd NE in Big Grove Twp.).

Jim Lichty of MMS Consultants Inc was present to answer questions.

Stutsman and Thompson clarified that the application before the Board was the same one that the Planning and Zoning Commission voted on. Assistant Planner Dan Swartzendruber said yes.

RESOLUTION 02-13-03-Z3

RESOLUTION APPROVING THE FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF TIMBER POINTE ESTATES, JOHNSON COUNTY, IOWA.

Whereas, the owner has filed application S02054 for approval of a final plat of Timber Pointe Estates, 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: Certification & Consent to Subdivide; Title Opinion; Letter/Report on Archeological Services; Gerdin Housing Tract 09-19-02; Underground Utility Easement; Treasurer Certificate; Subdivider's Agreement; Well & Wastewater Plan; Soil Erosion & Sediment Control Plan; Resolution Affirming the Stability of the Current Road System

Motion by Neuzil, second by Stutsman, to approve Resolution 02-13-03-Z3.

Application S02062 of Delmar Bender, Kalona, Iowa, signed by Douglas P. Frederick (Hart-Frederick Consultants P.C.), requesting preliminary and final plat approval of Goldie’s Hill Homestead, a subdivision described as being located in a portion of the NW 1/4 of Section 32, Township 79 North, Range 8 West of the 5th P.M., in Johnson County, Iowa (This is a 1-Lot, 8.35-acre, Farmstead Split, located at the NE quadrant of Black Diamond Road SW and Blackhawk Avenue SW in Hardin Twp.).

RESOLUTION 02-13-03-Z4

RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF GOLDIE’S HILL HOMESTEAD, FARMSTEAD SPLIT JOHNSON COUNTY, IOWA.

Whereas, the owner has filed application S02062 for approval of a preliminary and final plat of Goldie’s Hill Homestead, a Farmstead Split, 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; Subdivider's Agreement; Treasurer’s Certificate; Easement for Public Highway; Acquisition Easement Plat; Covenant Concerning Fence; Resolution Affirming the Stability of the Current Road System

Motion by Lehman, second by Thompson , to approve Resolution 02-13-03-Z4.

Application S02064 of Nathan Pacha, Oxford, Iowa, requesting preliminary and final plat approval of Whitetail Ridge, a subdivision described as being located in the SE 1/4 of the SE 1/4 of Section 8, Township 80 North, Range 8 West of the 5th P.M., in Johnson County, Iowa (This is a 1-Lot, 2.74-acre, Farmstead Split, located on the north side of Upper Old Highway #6 NW, approximately 2200 feet east of its intersection with Black Hawk Avenue NW in Oxford Twp.).

Jim McCarragher, attorney for the applicant, was present to answer questions.

RESOLUTION 02-13-02-Z5

RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF WHITETAIL RIDGE, FARMSTEAD SPLIT JOHNSON COUNTY, IOWA.

Whereas, the owner has filed application S02064 for approval of a preliminary and final plat of Whitetail Ridge, a Farmstead Split, 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: Oxford City Council Approval; Owner Certificate & Dedication; Title Opinion; Subdivider's Agreement; Treasurer’s Certificate; Consent of Mortgagee; Easement for Public Highway; Acquisition Plat; Covenant Concerning Fence; Resolution Affirming the Stability of the Current Road System

Motion by Stutsman, second by Lehman, to approve Resolution 02-13-03-Z5.

Adjourned to informal meeting at 6:23 p.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 February 20, 2003.