Chairperson Stutsman called the Johnson County Board of Supervisors to order in the Johnson County Administration Building at 9:05 a.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 Jordahl, 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 January 20, 2000.

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

Application S9926 of Eldon and Joanne Moss, signed by Joanne Moss, requesting preliminary and final plat approval of Scott Prairie Subdivision, a subdivision described as being located in the SE 1/4 of Section 33; Township 79 North; Range 5 West of the 5th P.M. in Johnson County, Iowa (This is a 1-lot, 6.90 acre, farmstead split, located on the south side of Highway #6 SE, approximately 1/2 mile east of its intersection with Utah Avenue SE in Lincoln Twp.)

Whereas, the owner has filed application S9926 for approval of a preliminary and final plat of Scott Prairie, 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; Fence Agreement; Resolution Affirming the Stability of the Current Road System

Motion by Duffy, second by Jordahl, to approve Resolution 01-27-00-Z1.

Motion by Jordahl, second by Duffy, to appoint Carol Thompson and Mike Lehman as liaisons to the Physical Plant Department.

Recessed to Informal Meeting of January 27, 2000 at 9:10 a.m.; reconvened at 9:12 a.m.

Motion by Thompson, second by Lehman, to approve and authorize the Chairperson to sign FY 2001 Nutrition Request for Proposals to Heritage Agency on Aging for Senior Dining and SEATS.

Recessed to Informal Meeting of January 27, 2000 at 9:14 a.m.; reconvened as a Public Hearing on Issuance of Industrial Development Revenue Bonds for Rudi’s Bakery, Inc. at 10:34 a.m.

The County Attorney announced that the purpose of the meeting was to hold public hearings on the proposals to issue, pursuant to the provisions of Chapter 4l9, Code of Iowa, not to exceed $3,000,000 aggregate principal amount of the County's Industrial Development Revenue Bonds (Rudi's Bakery, Inc. Project) Series 2000, for the purpose of financing the costs of the acquisition of land and the construction of a building to be used as a bakery facility and not to exceed $2,000,000 aggregate principal amount of the County's Industrial Development Revenue Bonds (Rudi's Bakery, Inc. Project) Series 2000 for the purpose of financing the costs of acquisition and installation of production equipment, freezers and related equipment for use at such baking facility (together the "Project"), funding a reserve fund, and paying costs of issuance and related costs. It is proposed that the proceeds from the sale of said Bonds be loaned by the County to Rudi's Bakery, Inc. (the "Borrower"), with loan payments sufficient to pay principal of, interest and premium, if any, on such Bonds as the same shall fall due.

White explained that having received the state ceiling authorization for the $3,000,000 and $2,000,000 amounts the bond issue would be rolled into one $5,000,000 bond as is permitted by statute. He said the resolution being considered addresses the fact that the 30 day time limit cannot reasonably be met.

The Chairperson then asked if there was any person or persons present to express views on the proposals to issue said Bonds, notice of said hearings having been published as required by law.

Planning and Zoning Administrator Rick Dvorak explained the process for the issuance of Industrial Revenue Bonds. Dvorak said the application is in compliance and his staff supports this application. Iowa City Area Development Group President Martin Kelly said they would like to see the bonds sold locally. He said Rudi’s Bakery would like to be in construction by the end of February, with occupation by late summer or early fall. He said everything is in place, except for the RISE grant to be determined by the Iowa Department of Transportation in mid-February.

Supervisor Jordahl said this does not obligate the County. Kelly and White agreed. White said what they are doing is putting the County’s name and reputation behind the project, that the ultimate responsibility would belong to the bakery.

North Liberty City Clerk Mary Kay Mitchell spoke for the application. Kelly said the State has approved this. Holly Berkowitz spoke about fiscal responsibilities.

No written objections or other comments were filed.

Motion by Jordahl, second by Thompson, to close the public hearing.

Public Hearing closed at 10:47 a.m.

PUBLIC HEARING AND RESOLUTION APPROVING PROCEEDING WITH THE ISSUANCE, IN ONE OR MORE SERIES, OF NOT TO EXCEED $5,000,000 AGGREGATE PRINCIPAL AMOUNT OF INDUSTRIAL DEVELOPMENT REVENUE BONDS (RUDI'S BAKERY, INC. PROJECT) SERIES 2000, OF JOHNSON COUNTY, IOWA.

Whereas, Johnson County, Iowa, a municipal corporation of the State of Iowa (the "Issuer"), is authorized by Chapter 419 of the Iowa Code, as amended (the "Act"), to issue revenue bonds and loan the proceeds from the sale of said bonds to one or more parties to be used to defray all or a portion of the cost of acquiring, constructing, improving and equipping a "project", as that term is defined in the Act, including a facility for an industry for the manufacturing, processing, or assembling of agricultural or manufactured products; and

Whereas, the Issuer has been requested by Rudi's Bakery, Inc. (the "Borrower"), to authorize and issue, in one or more series, an amount not to exceed $5,000,000 of Industrial Development Revenue Bonds (Rudi's Bakery, Inc. Project) (the "Bonds") pursuant to the provisions of the Act for the purpose of financing all or a portion of the cost of (i) the acquisition of land and the construction of a building to be used as a bakery facility; and (ii) the acquisition and installation of production equipment, freezers and related equipment for use at such facility (the "Project"), funding a reserve fund, and paying costs of issuance and related costs; and

Whereas, the proceeds from the sale of the Bonds are to be loaned by the Issuer to the Borrower pursuant to the provisions of a Loan Agreement (the "Agreement") between the Issuer and the Borrower; and

Whereas, two separate notices of hearings on the proposals to issue not to exceed $3,000,000 aggregate principal amount and $2,000,000 aggregate principal amount of Industrial Development Revenue Bonds (Rudi's Bakery, Inc. Project) Series 2000 ($5,000,000 total), of the Issuer have been published as required by law; and

Whereas, public hearings have been held at the time and place as specified in said notice of hearing and any and all objections or other comments relating to such Bonds have been heard and it is deemed to be in the best interests of the Issuer that said Bonds be issued as proposed;

Now, Therefore, Be It Resolved by the Board of Supervisors of the Issuer as follows:

Section 1. That it is hereby determined that it is necessary and advisable that the Issuer proceed with the issuance of its Industrial Development Revenue Bonds (Rudi's Bakery, Inc. Project) Series 2000 in an amount not to exceed $5,000,000, as authorized and permitted by the Act, and to loan the proceeds of the sale of the Bonds to the Borrower all upon terms and conditions mutually satisfactory to the Issuer and the Borrower.

Section 2. That at the public hearings conducted by this Board of Supervisors, in accordance with the provisions of Section 419.9 of the Act and Section 147(f) of the Internal Revenue Code of 1986, as amended, pursuant to published notices, all persons who appeared were given an opportunity to express their views on the proposals to issue said Bonds.

Section 3. That it is hereby determined that any and all objections to the issuance of said Bonds are hereby overruled and this Board of Supervisors shall proceed with the necessary proceedings relating to the issuance of said Bonds upon reasonable advance notice from the Borrower that satisfactory financing terms have been agreed upon with the proposed purchasers and the required documentation has been prepared by Bond Counsel, and approved by all other parties, including the Issuer.

Section 4. That said Bonds, if issued, and the interest thereon, will be payable solely out of the revenues derived from the Agreement and shall never constitute an indebtedness of the Issuer, within the meaning of any state constitutional provision, or statutory limitation, and shall not constitute nor give rise to a pecuniary liability of the Issuer, or a charge against its general credit or taxing powers.

Section 5. Pursuant to Section 146 of the Internal Revenue Code and in accordance with Iowa Code Chapter 7C, there has been received for the Project two allocations of the State Ceiling for private activity bonds, one in the amount of $3,000,000 and one in the amount of $2,000,000 for a total of $5,000,000. It is now anticipated that the two separate allocations will be combined into a single bond issue. The Issuer hereby finds that it does not reasonably expect to issue and deliver the Bonds by February 3, 2000, within the 30-day period provided in Iowa Code Chapter 7C.

Section 6. All Resolutions and Orders or parts thereof, in conflict herewith are, to the extent of such conflict, hereby repealed and this Resolution shall be in full force and effect immediately upon its adoption.

Motion by Thompson, second by Jordahl, to approve Resolution 01-27-00-01.

Motion by Duffy, second by Thompson, to approve and authorize the Chairperson to sign a New Application for a Class C Liquor License, and Application For Sunday Sales Privilege for Rocks Roadhouse, Iowa City, as submitted by Mark A. Mitchell, and Carl R. Jirsa.

Adjourned to informal meeting of January 27, 2000 at 10:51 a.m.

/s/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 February 3, 2000.