Chairperson Stutsman called the Johnson County Board of Supervisors to order in the Johnson County Administration Building at 5:30 p.m. Members present were: Charles Duffy, Jonathan Jordahl, Mike Lehman, Sally Stutsman, and Carol Thompson.

Unless otherwise noted, all actions were taken unanimously.

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

Motion by Lehman, second by Thompson, to approve the minutes of the formal meetings of January 3 and 6, 2000.

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

Motion by Lehman, second by Jordahl, to amend the formal minutes of December 9, 1999, by deleting the text of Resolution 12-09-99-Z5 in its entirety and insert the following corrected resolution in its place:

Whereas, the owner has filed application S9954 for approval of a final plat of Westcott Heights, Part Two, 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:

Approval of Iowa City; Owner Certificate; Title Opinion; Treasurer’s Certificate; Subdivider’s Agreement; Fence Agreement; Soil Erosion & Sediment Control Plan; Resolution Affirming the Stability of the Current Road System.

Whereas, the owner has filed application CU9904 for approval of a Conditional Use Permit for a Home Business for a dog grooming business, and

Whereas, the Johnson County Board of Supervisors shall conduct a public hearing to consider such applications

Now, Therefore, Be It Resolved

That a public hearing be set for the following application requesting approval of a Conditional Use Permit for a Home Business:

1. Application CU9904 of Donna Hostetler requesting a Conditional Use Permit to operate a dog grooming business as a home business on property described as being Lot 2 of River Oaks II Subdivision located in the NW 1/4 of Section 35; Township 81 North; Range 7 West of the 5th P.M. in Johnson County, Iowa. (This parcel is located on the south side of River Oaks Drive NE, a private road off of Hwy 965 NE in Madison Twp.)

And Whereas the Johnson County Planning and Zoning Commission, following a public hearing, on January 10, 2000 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 February, 2000 at 6:00 p.m. in the Board Room, Johnson County Administration Building, 913 South Dubuque Street, Iowa City, Iowa, on the following: Z9951(V & C Farm Co.), S9904A(Yoder), S9958(Southwick/Johnson County), S9966 (Grout),

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

Motion by Thompson, second by Jordahl, to approve Resolution 01-13-00-Z1.

Application S9942 of Gerald & Pauline Milder, signed by Gerald Milder, requesting final plat approval of Milder Meadows, a subdivision described as being located in the SW 1/4 of Section 17; Township 79 North; Range 5 West of the 5th P.M. in Johnson County, Iowa (This is a 4-lot, 47.69 acre, residential subdivision, located on the north side of American Legion Road SE, approximately 1/4 of a mile east of its intersection with Taft Avenue SE in Scott Twp.)

Whereas, the owner has filed application S9942 for approval of a final plat of Milder Meadows, 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: Approval of Iowa City; Owner Certificate; Title Opinion; Treasurer’s Certificate; Subdivider’s Agreement; 2 Consent of Mortgagee; Fence Agreement; Restrictive Covenant for Lot A; Resolution Affirming the Stability of the Current Road System; Access Maintenance Agreement

Motion by Duffy, second by Thompson, to approve Resolution 01-13-00-Z2.

Whereas, the Johnson County Board of Supervisors approved Resolution 12-17-98-03, making application through Iowa Emergency Management Division (EMD) to the Federal Emergency Management Agency (FEMA) for the Hazard Mitigation Grant Program.

Whereas, the Johnson County Board of Supervisors on April 8, 1999, authorized the Emergency Services Director on behalf of the Johnson County Board of Supervisors to help additional families to voluntarily seek and receive FEMA Mitigation Grant Funds.

Whereas, the Johnson County Board of Supervisors approved the Johnson County Emergency Services Director to work with the Federal Emergency Management Agency (FEMA) and Iowa Department of Economic Development (IDED) and the Iowa Emergency Management Agency (IEMA) for the funding of a Hazard Mitigation Grant Program. With $234,778.00 (two hundred thirty-four thousand seven hundred seventy-eight dollars) from IDED/HUD funding sources and $74,927.00 (seventy-four thousand nine hundred twenty-seven dollars) IEMA State funding sources.

Whereas, the Federal rules and regulations pertaining to the Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program require the adoption of the Procurement Policy in accordance with 24 CDF; Part 85.36;

Whereas, the Federal rules and regulations pertaining to the Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program require the adoption of the Code of Conduct in accordance with 24 CFR; Part 85 (85.36(b.)(3)) and other applicable federal and state standards, regulations, and laws;

Whereas, the Federal rules and regulations pertaining to the Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program require the adoption of the Policy on Prohibition of the Use of Excessive Force in accordance with Section 519 of the Department of Veteran Affairs and U.S. Department of Housing and Urban Development, and Independent Agencies Appropriations Act of 1990;

Whereas, the Federal rules and regulations pertaining to the Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program require the publishing of the Affirmative Fair Housing Policy Notice in accordance with Executive Order 11063 and Title VIII of the Civil Rights Act of 1968, as amended;

Now, Therefore, Be It Resolved by the Board of Supervisors of Johnson County, Iowa that the Procurement Policy, Code Of Conduct, Policy On Prohibition Of Use Of Excessive Force, And Affirmative Fair Housing Policy For The Hazard Mitigation Grant Program be approved and said A notice of the Affirmative Fair Housing Policy be published in a paper of general circulation in Johnson County.

Motion by Thompson, second by Duffy, to approve Resolution 01-13-00-01.

Motion by Duffy, second by Thompson, to approve and authorize the Chairperson to sign the Iowa Department of Economic Development Community Development Block Grant (CDBG) Program Grant Contract #98-DF-006, and also sign implementation documents as the project goes along.

Motion by Jordahl, second by Duffy, to approve and authorize the Chairperson to sign the Missed Rides and Rider Conduct Service Policies for Johnson County SEATS and forward the policies to the Johnson County Council of Governments.

Recessed at 5:52 p.m.; reconvened as a Public Hearing on Zoning and Platting Applications at 6:00 p.m.

Application Z9947 of James and Dorothy Goody, Iowa City, Iowa, requesting rezoning of 10.00 acres from A1 Rural and RS Suburban Residential to RS-10 Suburban Residential of certain property described as being Lot 1 of Goody First Subdivision located in the SW 1/4 of the SE 1/4 of Section 9; Township 78 North; Range 5 West of the 5th P.M. in Johnson County, Iowa (This property is located on the north side of 500th Street SE, approximately 1/2 mile east of its intersection with Utah Avenue SE in Lincoln Twp.)

James and Dorothy Goody spoke for the application.

Motion by Duffy, second by Lehman, to waive the requirement of three considerations before amending an ordinance and to approve Application Z9947 on first and second consideration. Roll call: aye: Lehman, Jordahl, Stutsman, Thompson, Duffy.

Application Z9949 of Sylvia Hahn Pence, Iowa City, Iowa, signed by John Hierseman, Iowa City, Iowa, requesting rezoning of 1.99 acres from A1 Rural to RS Suburban Residential of certain property described as being located in the NE 1/4 of the SE 1/4 of Section 28; Township 80 North; Range 5 West of the 5th P.M. in Johnson County, Iowa (This property is located on the west side of Wapsi Avenue NE, approximately 3/4 of a mile south of its intersection with Rapid Creek Road NE in Graham Twp.)

Jim Houghton spoke at length for the application. John Hierseman, Sylvia Hahn Pence, Shannon Hierseman, and Glen Meisner spoke for the application.

Planning and Zoning Administrator Rick Dvorak said, as a viable option, there would be a remainder of 40 acres, if the owner sold the applicants 40 acres with 2 houses split off. Dvorak said, if the application is approved, it would probably end up as a 4 lot subdivision. Assistant Planning and Zoning Administrator R.J. Moore said, if this property is rezoned and subdivided into 4 parcels of less than 40 acres, it would not be a viable farm.

Jordahl said Johnson County has an ordinance that allows people to build a second residence on a farm of 40 acres or more without going through rezoning. Jordahl said the Comprehensive Land Use Plan discourages proposals for residential zoning in areas agricultural in character and this application would be an incompatible use next to an agricultural area. Thompson said this application fails to meet the goals of the Land Use Plan. Duffy said requiring the purchase of 40 acres in the rural area would mean only the rich can afford to control the land and he noted a report that Johnson County actually gained farm ground between 1993 and 1997. Duffy said he voted against the Land Use Plan. Lehman said the applicants are supporting preservation of an agricultural lifestyle and this is poor farm ground, with a low corn suitability rating. Stutsman said she strongly supports the Land Use Plan’s goal of preserving ag land, and if they allow building a house on every piece of bad land, then the ag environment will be gone. Stutsman said she does not support residential rezoning on a gravel road. Duffy said the Right to Farm Ordinance protects farmers from complaints of residential owners.

Motion by Lehman, second by Duffy, to waive the requirement of three considerations before amending an ordinance and to approve Application Z9949 on first and second consideration. Roll call: aye: Lehman, Duffy; nay: Jordahl, Stutsman, Thompson.

Motion by Jordahl, second by Thompson, to deny Application Z9949. Roll call: aye: Jordahl, Stutsman, Thompson; nay: Lehman, Duffy.

Application S9960 of Keith and Karen Millard, signed by Keith Millard, requesting preliminary plat approval of Millard Fifth Subdivision (A Resubdivision of Outlot A of Millard Third Subdivision and Parcel B), a subdivision located in the NW 1/4 of Section 16; Township 81 North; Range 7 West of the 5th P.M. in Johnson County, Iowa (This is a 7-lot (4 residential and 3 outlots), 14.45 acre, residential subdivision, located on the south side of 140th Street NW, approximately 1/8 of a mile east of its intersection with Highway 965 NW in Jefferson Twp.)

Dave Mitchell spoke for the application.

Assistant Planning and Zoning Administrator R.J. Moore reported the applicant will participate in any dust alleviation agreements on 140th Street.

Whereas, the owner has filed application S9960 for approval of a preliminary plat of Millard Fifth 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:

That said plat be approved.

2. That the Chairperson be directed to sign said plat.

Motion by Lehman, second by Thompson, to approve Resolution 01-13-00-Z3, subject to a road agreement being in place prior to approval of a final plat.

Application S9961 of Jim & Kriss Schropp, signed by Kriss Schropp, requesting preliminary and final plat approval of Freedom Ridge, a subdivision described as being located in the SW 1/4 of the SE 1/4 of Section 36; Township 80 North; Range 8 West of the 5th P.M. in Johnson County, Iowa (This is a 1-lot, 3.01 acre, residential subdivision, located on the north side of 340th Street SW, approximately 3/8 of a mile west of its intersection with Greencastle Avenue SW in Oxford Twp.)

Glen Meisner of MMS consultants was present to answer questions.

Whereas, the owner has filed application S9961 for approval of a preliminary and final plat of Freedom Ridge, 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; Subdivider’s Agreement; Consent of Mortgagee; Well & Water Line Easement; Fence Agreement; Resolution Affirming the Stability of the Current Road System

Motion by Thompson, second by Duffy, to approve Resolution 01-13-00-Z4.

Application S9964 of Altmaier Family Limited Partnership and the City of Coralville, signed by Kelly Hayworth, Coralville City Administrator, requesting preliminary plat approval of Altmaier Subdivision, a subdivision located on the NW 1/4 of the SW 1/4 and the SW 1/4 of the SW 1/4 of Section 36; Township 80 North; Range 7 West of the 5th P.M. in Johnson County, Iowa (This is a 2-lot, 46.99 acre, annexation subdivision, located on the south side of Highway 6 SE, in the southeasterly quadrant of the intersection of Highway 6 SE and Deer Creek Road SE in Clear Creek Twp.)

Coralville City Engineer Dan Holderness spoke for the application.

Whereas, the owner has filed application S9964 for approval of a preliminary plat of Altmaier 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:

That said plat be approved.

That the Chairperson be directed to sign said plat.

Motion by Jordahl, second by Thompson, to approve Resolution 01-13-00-Z5.

Application S9965 of Altmaier Family Limited Partnership and the City of Coralville, signed by Kelly Hayworth, Coralville City Administrator, requesting final plat approval of Altmaier Subdivision, a subdivision located on the NW 1/4 of the SW 1/4 and the SW 1/4 of the SW 1/4 of Section 36; Township 80 North; Range 7 West of the 5th P.M. in Johnson County, Iowa (This is a 2-lot, 46.99 acre, annexation subdivision, located on the south side of Highway 6 SE, in the southeasterly quadrant of the intersection of Highway 6 SE and Deer Creek Road SE in Clear Creek Twp.)

Coralville City Engineer Dan Holderness was present to answer questions.

Whereas, the owner has filed application S9965 for approval of a final plat of Altmaier 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: Approval of Coralville; Owner Certificate; Title Opinion; Certificate of the Treasurer; Resolution Affirming the Stability of the Current Road System; Subdivider’s Agreement & Fence Agreement

Motion by Jordahl, second by Thompson, to approve Resolution 01-13-00-Z6.

Public Hearing closed and recessed to informal meeting of January 13, 2000 at 7:38 p.m.

Reconvened at 8:02 p.m.

Convened Public Hearing on Road Vacation 01-2000 and Road Vacation 02-2000 at 8:02 p.m.

Road Vacation 02-2000: Beginning at a line where the easterly right-of-way line of relocated Prairie Du Chien Road NE intersects the old Prairie Du Chien Road right-of-way, near centerline station 16+00 of the new roadway alignment. Thence easterly and northerly approximately 1,385 feet to a point on the centerline of "old" Prairie Du Chien Road, said point being approximately 355 feet north of the E 1/4 Corner of Section 34, Township 80 North, Range 6 West of the 5th P.M. Intent: To vacate all of Johnson County’s interest in that portion of "old" Prairie Du Chien Road, which lies east and south of the relocated Prairie Du Chien Road NE. Said segment of road is approximately 1,385 feet in length.

Steve Lee spoke at length for Elsie M. and Allen Lang in opposition to the vacation. Marion Neely spoke for deferral of the vacation until an access agreement for Prairie View Estates Subdivision is agreed upon. Mike Dombrowski spoke regarding a possible access agreement.

County Engineer Mike Gardner said at the time they were negotiating for the new right-of-way the County offered to take out the old road bed but weren’t able to reach an agreement. Assistant County Attorney Anne Lahey and County Attorney Pat White spoke regarding the pending appeal of the award for the condemnation completed for the new right-of-way and how that relates to the claim filed for the proposed vacation. White said, at whatever point the Board of Supervisors takes action, they have to make a decision to approve or deny the road vacation claim. White said they shouldn’t vote on a vacation on the date of the public hearing because claims can be filed up until the end of Auditor’s Office business day.

Road Vacation 01-2000: To vacate all of Johnson County’s interest in the following:

All of 200th Street NE lying east of the east right-of-way of Scales Bend Road NE in the NW 1/4 of Section 31, Township 81 North, Range 6 West of the 5th P.M.

Andrew Matthews, Marian Neely, and Al Carr spoke at length for the vacation. Dennis Tallman, Brian Pedrick, Lori Leo, Julie Pedrick, Julie Robinson, Byron Ross, Jeff Streitz, Karen Housel, Sylvia Lewis, Kristin Beatty, and Cary Beatty, spoke for the vacation. U.S. Army Corps of Engineers Coralville Lake Operation Manager John Castle, Corps of Engineers Attorney Karen Ciaccio, proposed youth camp Project Manager Mark Chaffee, Corps of Engineers Real Estate Administrator Dick Mattson, Bill Aossey, and Jalel Aossey spoke at length against the vacation. Corps of Engineers Colonel Ted Carl Brunso, Sanjay Jani, Joe Aossey, and Corps Chief of Real Estate Division Patricia Dice spoke against the vacation.

In reference to the proposed camp on Corps of Engineers land, Planning and Zoning Administrator Rick Dvorak said in correspondence from Karen Ciaccio there is some conflict in the Corps’ statements, that no local zoning may interfere with such planned purposes or uses and in another letter the County can impose building permit requirements. County Attorney Pat White said he doesn’t know why the Corps would not still have by reason of historic usage or prescription some right of access over the vacated roadway.

Thompson said the camp proposal is different from the prior usage by the Girl Scouts because it is larger and would have another facility to bring in funds. Jordahl expressed his concern about the impact of a proposed camp on the trees at the site. Lehman said he is surprised the report on the camp proposal has not addressed wear and tear on roads and he would like to see that addressed.

Motion by Thompson, second by Duffy, to accept into the record correspondence received regarding the road vacation.

Public Hearing closed at 10:20 p.m.

Adjourned at 10:20 p.m.

Sally Stutsman, Chair, Board of Supervisors

Attest: Tom Slockett, Auditor

By Casie Parkins, Recording Secretary

These minutes were sent for publication and formal approval on January 20, 2000.