Chairperson Harney called the Johnson County Board of Supervisors to order in the Johnson County Administration Building at 9:00 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 Stutsman, second by Lehman, to approve the claims on the Auditor’s Claim Register, as approved by a majority of the Supervisors.

Motion by Neuzil, second by Stutsman, to approve the minutes of the formal meeting of February 13, 2002 and minutes of the February 14, 2003 Canvass of the Votes of the Iowa City School Special Election.

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

Convened Public Hearing on FY 2003 Budget Amendment at 9:03 a.m.

Budget Coordinator Jeff Horne presented the proposed FY 2003 budget amendments.

Public Hearing closed at 9:05 a.m.

Whereas, the Board of Supervisors has held a public hearing pursuant to Chapter 331, Code of Iowa, to amend the fiscal year 2002-2003 County Budget; and

Whereas, the explanation of changes is as follows:

Expenditures increased for:

Public Safety service area for assistant director salary ($40,058)

Public Safety service area for County Attorney salaries ($128)

Interprogram Services service area for County Attorney salaries ($130)

Interprogram Services service area for County Auditor salaries ($551)

Interprogram Services service area for Board of Supervisors officer salaries ($1,008)

Public Safety service area for Sheriff salaries ($451)

Public Safety service area for jail alternatives ($90,000)

State & Local Government service area for County Recorder officer salaries ($332)

State & Local Government service area for County Treasurer salaries ($377)

Interprogram Services service area for County Treasurer salaries ($370)

Interprogram Services service area for Cost of Jail Task Force ($67,000)

Interprogram Services service area for Fisher Building Property Taxes ($7,311)

Interprogram Services service area for change in employee flexible benefit plan administration ($70,000)

Interprogram Services service area for Independent Audit ($19,589)

Interprogram Services service area for worker’s compensation/property & casualty insurance ($82,216)

State & Local Government service area for Elections salaries ($9,290)

Public Safety service area for census adjustment to Haz-Mat payment ($2,305)

Capital Projects service area for prior year Conservation adjustment ($6,960)

Capital Projects service area for Fiber Optic project with Iowa City ($46,849)

Capital Projects service area for Planning & Zoning document management ($1,000)

Capital Projects service area for SEATS vehicle purchase from Washington County ($1,000)

Public Safety service area for FY 2002 donations to Juvenile Crime Prevention ($7,054)

Social Services service area for Youth Toledo ($10,000)

Social Services service area for longterm inpatient treatment($600)

Public Safety service area for LLEBG Grant for Law Enforcement Proceeds ($125,000)

Capital Projects service area for payoff of Mall Drive Property ($700,000)

Health & Education service area for payout of Adult Day Trust to Pathways ($4,600)

Health & Education service area for adjustment to SIH Consortium Trust grant ($500)

Revenues increased for:

Miscellaneous revenues for change in Employee flexible benefit plan administration ($57,700)

Miscellaneous revenues for Workman’s Compensation ($6,600)

Intergovernmental revenues for LLEBG Grant for Law Enforcement Proceeds ($125,000)

Intergovernmental revenues for adjustment to SIH Consortium Trust grant ($1,000)

Proceeds from Fixed Asset Sales revenues for claim reimbursement/recoveries on insured losses ($35,000)

Whereas, after consideration of all comments at said hearing the Board of Supervisors has determined that it will be necessary to amend the 2002-2003 budget; and

Whereas, the amendment does not increase taxes to be collected in the fiscal year ending June 30, 2003.

Therefore be it resolved that the following expenditures of the fiscal year 2002-2003 county budget be amended:

EXPENDITURES (by Service Area):

Public Safety service area increase by $264,996 to $9,602,977

Health & Education service area increase by $5,100 to $3,115,799

Social Services service area increase by $10,600 to $3,573,370

State & Local Government Services service area increase by $9,999 to 1,525,125

Interprogram Services service area increase by $268,175 to $4,949,218

Capital Projects service area increase by $755,809 to $3,345,501

REVENUES (by type):

Intergovernmental revenues increase by $126,000 to $14,934,997

Miscellaneous revenues increase by $64,300 to $1,133,142

Proceeds of Fixed Asset Sales revenues increase by $35,000 to $87,300

Motion by Stutsman, second by Thompson, to approve Resolution 02-20-03-B1

Whereas, the Board of Supervisors has held a public hearing pursuant to section 331.434(3), Code of Iowa, to amend the fiscal year 2002-2003 County Budget; and

Whereas, the explanation of changes is contained in Resolution 02-20-03-B1; and

Whereas, the amendment does not increase the taxes to be collected in the fiscal year ending June 30, 2003; and

Whereas, all comments from the public have been heard.

Therefore be it resolved that the following department appropriations be changed as follows:

DEPARTMENT EXPENDITURES (Service Area):

Dept. 01-Ambulance (Public Safety) increases $40,058 for ytd appropriation $1,807,154;

Dept. 02-County Attorney (Public Safety) increases $128 for ytd appropriation of $1,165,827 ; (Interprogram Services) increases $130 for ytd appropriation of $598,334;

Dept. 03-Auditor/Accounting (Interprogram Services) increases $551 for ytd appropriation of $738,506;

Dept. 05-Board of Supervisors (Interprogram Services) increases $1,008 for ytd appropriation of $451,590;

Dept. 08-Sheriff (Public Safety) increases $90,451 for ytd appropriation $5,821,126;

Dept. 11-Recorder (State & Local Government) increases $332 for ytd appropriation of $441,206;

Dept. 14-Treasurer (State & Local Government) increases $377 for ytd appropriation of $667,121; (Interprogram Services) increases $370 for ytd appropriation of $319,299;

Dept. 18 Central Services (Interprogram Services) increases $183,900 for ytd appropriation $476,362;

Dept. 20 Block Grants (Public Safety) increases $2,305 for ytd appropriation $94,985;

Dept. 24 Conservation (Capital Projects) increases $6,960 for ytd appropriation $13,046;

Dept. 33-Auditor/Elections (State & Local Government) increases $9,290 for ytd appropriation of $383,228;

Dept. 40 Technology (Capital Projects) increases $47,849 for ytd appropriation of $927,261;

Dept. 41-Institutional Accounts (Social Services) increases $10,600 for ytd appropriation of $49,050;

Dept. 44 Capital Expenditures (Capital Projects) increases $1,000 for ytd appropriation $279,120;

Dept. 54 Juvenile Crime Prevention Grant (Public Safety) increases $7,054 for ytd appropriation $234,010;

Dept. 68 Law Enforcement Proceeds (Public Safety) increases $125,000 for ytd appropriation $200,000;

Dept. 85 Capital Projects (Capital Projects) increases $700,000 for ytd appropriation $998,250;

Dept. 86 Adult Day Trust (Health & Education) increases $4,600 for ytd appropriation $4,600;

Dept. 89 SIH Consortium Trust (Health & Education) increases $500 for ytd appropriation $1,500.

DEPARTMENT REVENUES (Type):

Dept. 18 Central Services (Miscellaneous) increases $57,700 for budgeted total of $60,364;

Dept. 22-Insurance (Miscellaneous) increases $6,600 for budgeted total of $14,100

Dept. 22-Insurance (Proceeds from Fixed Asset Sales) increases $35,000 for budgeted total of $85,000

Dept. 68 Law Enforcement Proceeds (Intergovernmental) increases $125,000 for budgeted total of $200,000

Dept. 89 SIH Consortium Trust (Intergovernmental) increases $1,000 for budgeted total of $2,000.

Motion by Stutsman, second by Thompson, to approve Resolution 02-20-03-B2.

Convened Public Hearing on Conditional Use Permit CU03001 at 9:10 a.m.

Application CU03001 of Steve Seelman requesting a Conditional Use Permit to operate a recreational vehicle sales and repair shop as a home business on property described as being located in the NW 1/4 of the NW 1/4 of Section 17, Township 79 North, Range 7 West of the 5th P.M. in Johnson County, Iowa. This parcel is located on the south side of IWV Road SW, approximately 1/8 mile west of its intersection with Half Moon Avenue SW in Union Twp. (2449 IWV Road SW, Oxford, Iowa 52322)

Lehman said there are no criteria restricting the acreage of a conditional use and the business would be located on the farm site. Assistant Planning and Zoning Administrator R.J Moore reviewed the restrictions in the zoning ordinance for a home business that confine the business to the dwelling or accessory buildings and limiting signage. He confirmed that the business would not take up any agricultural ground. Neuzil asked what staff would recommend and asked how this application got to this point. Moore said he gave the applicant 2 options, rezoning to a commercial use, which might be voted down by the Board, or applying for the conditional use permit. The applicant chose to apply for the conditional use permit. Harney asked how this differs from other conditional use permit applications. Moore noted a recent application for an internet auto sales home business where the cars would be kept in buildings and out of sight. Harney mentioned a tractor business that also restricted the business to inside the buildings. Stutsman said when she drives by those 2 businesses she doesn’t know they’re there. When she drives by Seelman’s, that is not a farmstead; it is a commercial business. Stutsman said the business has expanded and has moved beyond a conditional use. She said now it is time to have it zoned commercial or move to an area where a commercial use is allowed. She said, reviewing the economic development plan, a commercial use would not go in this area. She said, for those reasons, she is not favorable to granting a conditional use on this property.

Steve Seelman said he doesn’t have money to move the business. Thompson asked if the conditional use permit stays with the land. Moore said County Attorney Pat White believes that the conditional use permit stays with the property, not the applicant. Tom Seelman and Harry Seelman spoke for the application.

Neuzil asked what staff would look for that would make this application more favorable. Moore said having everything confined to the buildings and restricting signage would meet the ordinance. Neuzil asked if this could be deferred to resolve problems raised by some complaints, saying they hadn’t had problems in the past. Harney said they could put a conditional use in place for a stated period of time. Moore said if the applicant agrees to come into compliance, they could place conditions on it. Stutsman said she wants to compromise but wants an agreement that there won’t be large buildings to store the snowmobiles and ATV’s. She said this should be a temporary measure until it can relocate to a commercially zoned area. She wants a level playing field with other similar commercial businesses. Moore said to bring the property into compliance they could ask Seelman to draw a site plan showing existing structures to put equipment in and limit it to the existing buildings.

Lehman asked if there could be a review of the conditional use at a given time. Dvorak said, if they put a sunshine date on this and if the applicant stays in compliance, that provides time to relocate. Thompson said, if his business hasn’t grown, he can reapply for another conditional use permit. Dvorak agreed. Moore suggested giving the applicant 60 days to do a site plan and come into compliance and the Board could consider a conditional use permit with a time frame on it. Stutsman and Thompson thought this was a good idea.

Reverend Bob Welsh spoke regarding the application. The applicant requested a 90-day deferral.

Public Hearing closed at 9:33 a.m.

Motion by Thompson, second by Lehman, to defer Conditional Use Permit CU03001 for 90 days.

Motion by Stutsman, second by Lehman, to accept the Recorder’s Report of Fees Collected for the month of December, 2002, in the amount of $182,245.14, as submitted by County Recorder Kimberly Painter.

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.).

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 RS & A1 to RS10

SECTION II. CHANGE IN CLASSIFICATION. The zoning classification of the following described real estate located in Oxford Township and comprised of approximately 16.32 acres to wit:

Lot #4 of Seven Feathers Second Addition – A replat of Lots #1 & #3 of Seven Feathers. Except the Westerly 33 feet which is existing county road right of way: Containing 16.32 acres more or less. All the above is in the Northwest 1/4 of the Northwest 1/4 of Section 14, Township 80 North, Range 8 West of the 5th P.M., Johnson County, Iowa

is hereby changed from RS & A1 to RS10.

SECTION III. DISTRICT MAPS. The portion of the District Maps maintained in accordance with Chapter 8:1.5.2, 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 February 13, 2003, 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.

Motion by Stutsman, second by Neuzil, to approve Application Z02018 on final consideration and to approve Ordinance 02-20-03-Z1. Roll call: aye: Neuzil, Stutsman, Harney, Lehman, Thompson.

Motion by Thompson, second by Stutsman, to approve and authorize the Chairperson to sign the three-year contract with McLeod USA for Johnson County’s long distance telephone service.

Whereas, Iowa Code section 455B.200E, passed by the Iowa Legislature in 2002, sets out the procedure if the Johnson County Board of Supervisors wishes to adopt a "construction evaluation resolution" relating to the construction of a confinement feeding operation structure; and

Whereas, only counties that have adopted a construction evaluation resolution can submit to the Department of Natural Resources (DNR) an adopted recommendation to approve or disapprove a construction permit application regarding a proposed confinement feeding operation; and

Whereas, only counties that have adopted a construction evaluation resolution and submitted an adopted recommendation may contest the DNR’s decision regarding a specific application; and

Whereas, by adopting a construction evaluation resolution the Board of Supervisors agrees to evaluate every construction permit application for a proposed confinement feeding operation structure received by the Board of Supervisors between March 1, 2003 and January 31, 2004 and submit an adopted recommendation regarding that application to the DNR; and

Whereas, the Board of Supervisors must conduct an evaluation of every construction permit application using the master matrix as provided in section 455B.200F, but the Board’s recommendation to the DNR may be based on the final score on the master matrix or may be based on reasons other than the final score on the master matrix;

Now, Therefore, Be It Resolved that the Johnson County Board of Supervisors hereby adopts this construction evaluation resolution pursuant to Iowa Code section 455.200E.

Motion by Neuzil, second by Stutsman, to approve Resolution 02-20-03-01.

Adjourned to informal meeting at 9:48 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 February 27, 2003.