Vice-Chairperson Lehman called the Johnson County Board of Supervisors to order in the Johnson County Administration Building at 5:33 p.m. Members present were: Charles Duffy, Jonathan Jordahl, Mike Lehman, and Carol Thompson; absent: Sally Stutsman.

Unless otherwise noted, all actions were taken by the following vote: Roll call: aye: Lehman, Jordahl, Thompson, Duffy; absent: Stutsman.

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 Duffy, to approve the minutes of the formal meeting of March 2, 2000.

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

Motion by Duffy, second by Thompson, to approve and authorize the Chairperson to sign the following permits: a Renewal Application for Class B Beer Permit, and Application For Sunday Sales Privilege for the Morse Community Club, Inc., Iowa City, as submitted by Marjorie Knepp; and a Renewal Application for Class C Beer Permit, and Application For Sunday Sales Privilege for Funcrest Bait and Tackle, Iowa City, as submitted by William Kallaus.

Motion by Jordahl, second by Duffy, to place on file the Clerk’s Report of Fees Collected for the month of February, 2000, in the amount of $5,646.39, as submitted by Clerk of District Court Lodema Berkley.

Be it resolved that the amounts itemized by Fund, Department, and Service Area on the following schedule are appropriated through the fourth quarter of the fiscal year beginning July 1, 1999, from the resources of each fund so itemized.

General Basic Fund:

Dept. 01-Ambulance (Public Safety) budget $1,478,381, this appropriation $369,595 for ytd appropriation $1,478,381, (Nonprogram & Other Finance Use) was fully appropriated in Resolution 09-14-99-B1;

Dept. 02-County Attorney (Public Safety) budget $1,066,701, this appropriation $266,675 for ytd appropriation $1,066,701, (Interprogram Services) budget $409,897, this appropriation $102,474 for ytd appropriation $409,897;

Dept. 03-Auditor/Accounting (Interprogram Services) budget $617,530, this appropriation $154,381 for ytd appropriation $617,530;

Dept. 04-Health Department (Physical Health & Education) budget $2,183,302, this appropriation $545,824 for ytd appropriation $2,183,302;

Dept. 05-Board of Supervisors (Interprogram Services) budget $386,785, this appropriation $96,696 for ytd appropriation $386,785;

Dept. 06-Human Resource (Interprogram Services) budget $113,481, this appropriation $28,370 for ytd appropriation $113,481;

Dept. 07-Information Services (Interprogram Services) budget $558,679, this appropriation $139,669 for ytd appropriation $558,679;

Dept. 08-Sheriff (Public Safety) budget $4,500,064, this appropriation $1,125,016 for ytd appropriation $4,500,064, (Court Services) budget $278,654, this appropriation $69,662 for ytd appropriation $278,654, (Phyiscal Health & Education) budget $600, this appropriation $150 for ytd appropriation $600;

Dept. 10-Medical Examiner (Public Safety) budget $111,908, this appropriation $27,977 for ytd appropriation $111,908;

Dept. 11-Recorder (State & Local Government Services) budget $381,655, this appropriation $95,413 for ytd appropriation $381,655;

Dept. 12-SEATS (Social Services) budget $1,107,532, this appropriation $276,883 for ytd appropriation $1,107,532;

Dept. 14-Treasurer (State & Local Government Services) budget $643,571, this appropriation $160,892 for ytd appropriation $643,571, (Interprogram Services) budget $302,045, this appropriation $75,512 for ytd appropriation $302,045;

Dept. 17-Physical Plant (Interprogram Services) budget $500,511, this appropriation $125,127 for ytd appropriation $500,511;

Dept. 18-Central Services (Physical Health & Education) budget $370, this appropriation $91 for ytd appropriation $370, (Social Services) budget $1,300, this appropriation $325 for ytd appropriation $1,300, (County Environment) budget $25,545, this appropriation $6,387 for ytd appropriation $25,545, (State & Local Government Services) budget $2,450, this appropriation $611 for ytd appropriation $2,450, (Interprogram Services) budget $445,938, this appropriation $111,484 for ytd appropriation $445,938, (Nonprogram Current) was fully appropriated in Resolution 08-12-99-B2;

Dept. 19-Planning & Zoning (County Environment) budget $269,272, this appropriation $67,318 for ytd appropriation $269,272;

Dept. 20-General Basic Block Grants (Public Safety) was fully appropriated in Resolution 12-09-99-B2, (Physical Health & Environment) was fully appropriated in Resolution 12-09-99-B2, (Social Services) was fully appropriated in Resolution 12-09-99-B2, (County Environment) was fully appropriated in Resolution 12-09-99-B2;

Dept. 24-Conservation (County Environment) budget $732,803, this appropriation $183,200 for ytd appropriation $732,803;

Dept. 25-County Farm (Nonprogram & Other Finance Use) budget $2,000, this appropriation $500 for ytd appropriation $2,000;

Dept. 31-EMS Emergency Medical Services (Public Safety) budget $10,235, this appropriation $2,558 for ytd appropriation $10,235;

Dept. 34-CORDLAP (Nonprogram & Other Finance Use) budget $8,078, this appropriation $2,018 for ytd appropriation $8,078;

Dept. 41-Institutional Accts (Social Services) budget $47,125, this appropriation $11,782 for ytd appropriation $47,125;

Dept. 45-Human Services (Social Services) budget $1,452,499, this appropriation $363,124 for ytd appropriation $1,452,499;

Dept. 50-Veterans Affairs (Social Services) budget $58,356, this appropriation $14,589 for ytd appropriation $58,356;

Dept. 53-Nutrition (Social Services) budget $408,321, this appropriation $102,080 for ytd appropriation $408,321;

Dept. 54-Juvenile Crime Prevention Grant (Public Safety) budget $336,197, this appropriation $84,050 for ytd appropriation $336,197;

General Supplemental Fund:

Dept. 22-Tort Liability/Unemployment Compensation (Interprogram Services) was fully appropriated in Resolution 06-24-99-B1;

Dept. 27-Juvenile Justice-Court Services (Court Services) budget $710,525, this appropriation $177,632 for ytd appropriation $710,525;

Dept. 28-Court Services Attorney (Public Safety) budget $52,800, this appropriation $13,200 for ytd appropriation $52,800, (Court Services) budget $32,400, this appropriation $8,100 for ytd appropriation $32,400, (Interprogram Services) budget $2,350, this appropriation $586 for ytd appropriation $2,350;

Dept. 33-Auditor/Elections (State & Local Government Services) was fully appropriated in Resolution 12-09-99-B2;

Dept. 47-Court Services – Sheriff (Court Services) budget $25,200, this appropriation $6,300 for ytd appropriation $25,200;

Rural Services Basic Fund:

Dept. 23-Rural Services Block Grants (Physical Health & Education) was fully appropriated in Resolution 12-09-99-B2, (County Environment) was fully appropriated in Resolution 12-09-99-B2;

Dept. 55-Weed Eradication (County Environment) budget $41,500, this appropriation $10,375 for ytd appropriation $41,500, (Roads & Transportation) budget $205,500, this appropriation $51,375 for ytd appropriation $205,500;

Road Construction Escrow Fund:

Dept. 48-Road Construction Escrow (Roads & Transportation) budget $30,000, this appropriation $7,500 for ytd appropriation $30,000;

Secondary Roads Fund:

Dept. 49-Secondary Roads (Roads & Transportation) budget $5,391,754, this appropriation $1,347,937 for ytd appropriation $5,391,754, (Nonprogram & Other Finance Use) budget $2,092,112, this appropriation $498,028 for ytd appropriation $1,992,112;

Technology Fund:

Dept. 40-Technology (Nonprogram & Other Finance Use) was fully appropriated in Resolution 08-12-99-B2;

Capital Expenditure Fund:

Dept. 44-Capital Expenditures (Nonprogram & Other Finance Use) was fully appropriated in Resolution 08-12-99-B2 and then temporarily decreased by $161 in Resolution 09-14-99-B1;

Law Enforcement Proceeds Fund:

Dept. 68-Law Enforcement Proceeds (Public Safety) budget $75,000, this appropriation $18,750 for ytd appropriation $75,000;

Special Resource Enhancement Fund:

Dept. 32-Special Resource Enhancement - (Nonprogram & Other Finance Use) was fully appropriated in Resolution 06-24-99-B1;

Prosecutor Forfeiture Fund:

Dept. 69-Prosecutor Forfeiture (Public Safety) budget $1,200, this appropriation $300 for ytd appropriation $1,200;

Conservation Trust Fund:

Dept. 82-Conservation Trust (Nonprogram & Other Finance Use) was fully appropriated in Resolution 06-24-99-B1;

Nutrition Trust Fund:

Dept. 83-Nutrition Trust (Social Services) was fully appropriated in Resolution 06-24-99-B1;

Leinfelder Trust Fund:

Dept. 84-Leinfelder Trust (Mental Health) was fully appropriated in Resolution 06-24-99-B1;

Historical Preservation Fund:

Dept. 64-Historical Preservation (Physical Health & Education) was fully appropriated in Resolution 06-24-99-B1;

Recorder’s Records Management Fund:

Dept. 87-Recorder’s Records Management (State & Local Government Services) was fully appropriated in Resolution 06-24-99-B1;

SIH Consortium Trust Fund:

Dept. 89-SIH Consortium Trust (Public Health & Education) was fully appropriated in Resolution 06-24-99-B1;

Capital Projects Fund:

Dept. 85-Capital Projects (Nonprogram & Other Finance Use) was fully appropriated in Resolution 09-09-99-B1;

Ambulance Special Revenue Fund

Dept. 56-Ambulance Special Revenue (Public Safety) was fully appropriated in Resolution 08-12-99-B2;

MH/DD Services Fund:

Dept. 46-MH/DD Services (Mental Health) budget $8,228,051, this appropriation $2,057,012 for ytd appropriation $8,228,051;

Diversion Program Fund:

Dept. 51-Diversion Grant (Social Services) budget $18,000, this appropriation $4,500 for ytd appropriation $18,000;

Motion by Thompson, second by Duffy, to approve Resolution 03-09-00-B1.

Whereas, the Johnson County Board of Supervisors in Johnson County, Iowa approves the list of financial institutions to be depositories of Johnson County funds in conformance with applicable provisions of Iowa Code Chapter 12C.2 Deposit of Public Funds, Approval-requirements; and

Whereas, SEATS has requested an increase in the maximum balance from $10,000 to $150,000 with Hills Bank & Trust, Hills; and

Whereas, this resolution amends Resolution 12-09-99-B1;

Therefore be it resolved that the following depositories be approved.

Sheriff: Mercantile Bank, Iowa City $4,000,000

Iowa State Bank, Iowa City $10,000

Hawkeye State Bank, Iowa City $5,000

Hills Bank & Trust, Hills $40,000

Treasurer: Mercantile Bank, Iowa City $15,000,000

Iowa State Bank, Iowa City $15,000,000

Hawkeye State Bank, Iowa City $7,000,000

Farmers & Merchants Bank, Lone Tree $7,000,000

Swisher Trust & Savings, Swisher $2,000,000

First Trust & Savings, Oxford $2,000,000

Solon State Bank, Solon $7,000,000

Hills Bank & Trust, Hills $25,000,000

Union Planters, Iowa City $2,000,000

The Exchange State Bank, Swisher $2,000,000

Dain Rauscher Inc., Iowa City $7,000,000

Brenton Bank, Iowa City $2,000,000

Freedom Security Bank, Coralville $2,000,000

Auditor: Mercantile Bank, Iowa City $600,000

Recorder: Hawkeye State Bank, Iowa City $100,000

Mercantile Bank, Iowa City $250,000

Hills Bank & Trust, Hills $250,000

Health: Hills Bank & Trust, Hills $20,000

SEATS: Farmers & Merchants Savings Bank, Lone Tree $400

Hills Bank & Trust, Hills $150,000

Motion by Duffy, second by Jordahl, to approve Resolution 03-09-00-B2.

Motion by Thompson, second by Duffy, to approve and authorize the Chairperson to sign the contract with Gringer Feed and Grain, Inc. for bid received for seed and fertilizer to be used in calendar year 2000 for $37,591.50.

Motion by Jordahl, second by Thompson, to approve and authorize the Chairperson to sign the Iowa Department of Transportation Agreement for Federal-Aid Highway Bridge Replacement and Rehabilitation (HBRR) Program project BROS-C052(51)--8J-52.

Motion by Duffy, second by Jordahl, to approve and authorize the Chairperson to sign the following contracts for grade, drain, and pave project on Sand Road SE between 480th Street SE and 520th Street SE (Johnson County project STP-S-C052(52)--5E-52) for right-of-way acquisition with: Thomas D. Kane, single, and Teresa P. Kane, single, for $2,590; James E. Guthrie and Colene M. Guthrie, husband and wife for $9,130; C.E. Schrock and Dorothy O. Schrock, husband and wife, for $4,470; Kevin P. Barnes and Lisa J. Barnes, husband and wife, for $2,550; David M. Wright, and Karen Kay Wright, his wife, for $2,215; Robert G. Lovetinsky, Sr. and Juanita M. Lovetinsky, husband and wife, for $5,020; Earl Womer Trust, Robert Womer, Trustee, for $2,400; Jerry Womer, single, for $4,365; John G. and Kapra A. Hefley, husband and wife, for $3,672.40; Marian I. Plecker, single; and Marian I. Plecker, as Trustee of the Trust U/W/O Lloyd E. Plecker, for $4,950; Richard H. Fountain and Dorothy J. Fountain, husband and wife, for $8,250; Glorine F. Berry, single(Fee); David L. Long and Karen M. Long, husband and wife(Contract Purchasers) for $2,930; Donald R. Robertson and Margaret A. Robertson, husband and wife, for $5,170; Michael Dahlen and Janet Dahlen, husband and wife, for $3,700; Daniel V. Dalton and Amy Dalton, husband and wife, for $3,200; and Ralph Sedlacek and Karolyn Sedlacek, husband and wife, for $300.

Motion by Duffy, second by Jordahl, to approve and authorize the Chairperson to sign the voluntary annexation of the Solon Prairie to the City of Solon and 28E Agreement with the City of Solon.

Motion by Thompson, second by Duffy, to approve and authorize the Chairperson to sign the Emergency Medical Services Training Money Contract for $10,235.

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 Issuer has determined that the amount necessary for the foregoing purposes require the issuance by the Issuer of the Bonds, in an aggregate principal amount not to exceed $5,000,000 pursuant to the provisions of the Act, and it is proposed that the Issuer loan said amount to the Borrower under a Loan Agreement between the Issuer and Borrower pursuant to which loan payments will be made by the Borrower in amounts sufficient to pay the principal of and interest and premium, if any on the Bonds, as and when the same shall be due; and

Whereas, pursuant to published notice of intention, this Board of Supervisors has conducted a public hearing, as required by Section 419.9 of the Act and Section 147(f) of the Internal Revenue Code of 1986 (the "Code"), and this Board of Supervisors deems it necessary and advisable to proceed with the issuance of the Bonds, and the loan of the proceeds of the Bonds to the Borrower for the foregoing purposes; and

Now, Therefore, Be It Resolved by the Board of Supervisors of Johnson County, Iowa, as follows:

Section 1.Capitalized terms not otherwise defined herein shall have the meanings set forth in the Agreement. It is hereby determined to be necessary to, and the Issuer shall, issue, sell and deliver, as provided and authorized herein and pursuant to the authority of the Act, the Bonds in the principal amount of not to exceed $5,000,000 for the purpose of making a loan to assist the Borrower in the financing of costs of the Project. The Bonds shall be designated "Industrial Development Revenue Bonds (Rudi's Bakery, Inc. Project) Series 2000".

The Bond shall initially be issued as a single fully-registered Bond without coupons, substantially in the form attached hereto as Exhibit A (which is incorporated herein by reference and made a part hereof as if set forth in full herein), and shall be subject to optional and extraordinary optional prepayment, as set forth in Exhibit A, at the place set forth therein.

The Bond shall be dated as of the date of delivery to the Original Purchaser, and shall bear interest from the date of delivery to the Original Purchaser at the rate set forth in Exhibit A, and principal of and interest on the Bond shall be payable on the dates set forth in Exhibit A.

The Bond shall be payable as to principal and interest in lawful money of the United States of America, shall be a negotiable instrument subject to the provisions therein restricting transfer and shall express on its face the purpose for which it is issued and such other statements or legends as may be required by law. The Bond shall not be transferred by any Holder to other than a Financial Institution and in accordance with its terms and any purported transfer to other than a Financial Institution shall be void and of no effect.

Bond Service Charges on the Bond shall be payable at the principal office of the Holder.

The Bond shall be executed on behalf of the Issuer by the manual or facsimile signature of its Chairperson and attested by the manual or facsimile signature of its County Auditor and shall bear the corporate seal of the Issuer or a facsimile thereof.

Section 2.The Issuer will loan the proceeds of the Bonds to the Borrower to provide for the financing of the Project pursuant to the Loan Agreement to be dated as of March 1, 2000 (the "Agreement"), by and between the Issuer and the Borrower, in substantially the form as has been presented to and considered by this Board and containing substantially the terms and provisions set forth therein, and the form, terms and provisions of the Agreement are hereby approved, and the Chairperson and the County Auditor are hereby authorized and directed to execute, attest, seal and deliver the Agreement.

Section 3.The Bond is hereby sold and awarded to the Original Purchaser in accordance with its written offer therefor, at a purchase price equal to the par value thereof. The Chairperson and the County Auditor are authorized and directed to make the necessary arrangements with the Original Purchaser to establish the date, location, procedure and conditions for the delivery of the Bond to the Original Purchaser, and to take all steps necessary to effect due execution and delivery to the Original Purchaser of the Bond under the terms of this Resolution to the extent not provided for in said written offer.

Section 4.The proceeds from the sale of the Bond shall be deposited and credited to the Project Fund.

The Issuer hereby directs the Holder to establish and maintain as a separate deposit account in the custody of the Holder so long as moneys remain in the Project Fund, a fund in the name of the Issuer to be designated "Johnson County, Iowa - Industrial Development Revenue Bond (Rudi's Bakery, Inc. Project) Project Fund" (the "Project Fund"). Moneys in the Project Fund may be invested as provided in the Agreement and shall be held and disbursed in accordance with the provisions of the Agreement.

The moneys to the credit of the Project Fund shall, pending disbursement as above set forth, be subject to a lien and charge in favor of the Holder.

Section 5.The Bonds and interest and premium, if any, thereon shall never constitute the debt or indebtedness of the Issuer within the meaning of any constitutional or statutory provision or 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, but the Bonds and interest and premium, if any, thereon shall be payable solely and only from the revenues derived from the Agreement and the debt obligations of the Borrower thereunder; and no part of the cost of financing the Project will be payable out of the general funds or other contributions of the Issuer except the proceeds of the Bonds and any subsequent issues of bonds permitted under the Agreement.

Section 6.The amount necessary in each year to pay the principal of, premium, if any, and interest on the Bonds is set forth in the Agreement and the debt obligations of the Borrower thereunder insures that the Borrower is obligated to pay amounts sufficient to pay the principal of, premium, if any, and interest on the Bonds and the payment of such amounts by the Borrower to the Trustee pursuant to the Agreement is hereby authorized, approved and confirmed.

Section 7.The Chairperson and the County Auditor are hereby authorized and directed to execute, attest, seal and deliver any and all documents and do any and all things deemed necessary to effect the issuance and sale of the Bonds and the execution and delivery of the Agreement and the Assignment, and to carry out the intent and purposes of this Resolution, including the preamble hereto; and the execution by the Chairperson and, if required, the County Auditor, of the Bonds, the Agreement and the Assignment shall constitute conclusive evidence of their approval and this Board of Supervisors's approval thereof and of any and all changes, modifications, additions or deletions therein from the respective forms thereof now before this meeting.

Section 8.The provisions of this Resolution are hereby declared to be separable and if any action, phrase or provisions shall for any reason be declared to be invalid, such declaration shall not affect the validity of the remainder of the sections, phrases and provisions.

Section 9.This Resolution shall become effective immediately upon its passage and approval.

Motion by Thompson, second by Jordahl, to approve Resolution 03-09-00-01.

Reconvened Public Hearing of Conditional Use Permit CU9904 of February 10, 2000 at 5:55 p.m.

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 Highway 965 NE in Madison Twp.).

Planning and Zoning Administrator R.J. Moore said that Wilbur and Charlotte Young are still in opposition to the application, but Moore suggested conditions could be placed on the permit to ensure dogs are kept contained.

Donna Hostetler spoke for the application.

Whereas, the owner has filed application CU9904 for approval of a Conditional Use Permit for a Home Business for Dog Grooming, and

Whereas, the Johnson County Board of Supervisors have reviewed said application and finds the proposed use to be consistent with the requirements of Chapter 8:1.34 of the Johnson County Zoning Ordinance.

Now, Therefore, Be It Resolved By The Board Of Supervisors Of Johnson County, Iowa:

1. That said Conditional Use Permit be approved subject to the following conditions:

No outside housing or running of dogs.

No boarding of dogs.

The owner will comply with the covenant of the subdivision.

No dogs on premises other than Monday through Saturday 7 a.m. to 6 p.m.

The Conditional Use permit expires upon the applicant moving from the premises.

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

Motion by Thompson, second by Duffy, to approve Resolution 03-09-00-Z1.

Public Hearing Closed and meeting recessed at 6:10 p.m.; Reconvened as a Public Hearing on Fringe Area Agreement, Conditional Use Permit, and Zoning and Platting Applications at 6:20 p.m.

Assistant Planning and Zoning Administrator R.J. Moore reviewed the proposed Fringe Area Agreement with Solon. In reply to Duffy’s question, Moore said they didn’t notify individual landowners within the fringe area but did the normal public hearing publications. Jordahl commended the intent to develop a transportation plan in the Fringe Area Agreement. Lloyd Kessler, Solon City Council Member Kevin Samek, and Jerry Feick spoke at length with the Board regarding the Fringe Area Agreement notification process. Glen Meisner spoke regarding the Fringe Area Agreement.

Motion by Thompson, second by Duffy, to defer action on the Fringe Area Agreement between Johnson County and the City of Solon, Iowa, until March 21, 2000.

Application CU00001 of Jennifer K. Doll requesting a Conditional Use Permit to operate a base site for a Mobile Veterinary Clinic as a home business on property described as being Lot 1 of Varn’s Forest Addition located in the NE 1/4 of Section 23; Township 80 North; Range 7 West of the 5th P.M. in Johnson County, Iowa (This parcel is located at 3163 Sandy Beach Road NE, Solon, Iowa located on west side of Sandy Beach Road NE in Jefferson Twp.).

Jennifer Doll spoke in favor of the application.

Whereas, the owner has filed application CU00001 for approval of a Conditional Use Permit for a Home Business for a Base Site for a Mobile Animal Hospital, and

Whereas, the Johnson County Board of Supervisors have reviewed said application and finds the proposed use to be consistent with the requirements of Chapter 8:1.34 of the Johnson County Zoning Ordinance.

Now, Therefore, be it Resolved by the Board of Supervisors of Johnson County, Iowa:

1. That said Conditional Use Permit be approved subject to the following condition:

Conditional Use Permit expires upon the applicant moving from the premises.

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

Motion by Duffy, second by Jordahl, to approve Resolution 03-09-00-Z2.

Application Z9948 of Dave Long Protective Products, Inc., and ADS (Advanced Drainage Systems), signed by David L. Long, requesting rezoning of 3.0 acres from A1 Rural to CP-2 Planned Commercial of certain property described as being located in the SW 1/4 of the NE 1/4 of Section 11; Township 78 North; Range 6 West of the 5th P.M. in Johnson County, Iowa (This property is located on the east side of Sand Road SE, approximately 400 feet north of 490th Street SW in Pleasant Valley Twp.).

Planning and Zoning Administrator Rick Dvorak said the applicant has resubmitted an amended application. The application is being amended to an area of around a half an acre and from a CP2 request to a CH request, which is consistent with 1.8 acres currently zoned CH. Dvorak said the Board of Supervisors can approve the application, deny the application or defer it back to the Planning and Zoning Commission and through the publication process. Dvorak said there would be a $25 fee to do this.

David Long spoke for amending the application.

Motion by Thompson, second by Duffy, to defer Application Z9948 to allow for re-publishing and consideration of the amended application by the Planning and Zoning Commission. Roll call: aye: Lehman, Jordahl, Thompson, Duffy; absent: Stutsman.

Application Z00001 of Dean E. Rebal, Solon, Iowa, and Dale A. Rebal, Cedar Rapids, Iowa, requesting rezoning of 16.58 acres from A1 Rural and RS Suburban Residential to RS-10 Suburban Residential of certain property described as Lot 2 of Rebal’s First Subdivision described as being located in the NW 1/4 of Section 6; Township 80 North; Range 5 West of the 5th P.M. in Johnson County, Iowa (This property is located on the east side of Iowa Highway #1 NE, approximately 1.75 miles south of Solon, Iowa in Newport Twp.).

Dale Rebal spoke for the application.

Jordahl said he was opposed to this application because of neighbors’ objections that a house could be built in their view where the existing zoning gave them the expectation none would be built. Jordahl said the whole idea of zoning is that you should be able to predict what is going to happen next to you when you make an investment. Lehman said trees planted by either of the parties could create privacy. Jordahl said the applicant already has the right to build a house on this property.

Motion by Duffy, second by Thompson, to waive the requirement of three considerations before amending an ordinance and to approve Application Z00001 on first and second consideration. Roll call: aye: Lehman, Thompson, Duffy; nay: Jordahl; absent: Stutsman. (This motion constitutes passage on first consideration only due to the lack of three-fourths of the entire Board voting aye.)

Recessed at 7:43 p.m.; reconvened at 7:53 p.m.

Application Z00002 of Dewey and Darlene Nielsen, Oxford, Iowa, requesting rezoning of 1.02 acres from CH Highway Commercial to RS Suburban Residential of certain property described as Lot 1 of Sleepy Hollow Subdivision described as being located in the SW 1/4 of the SW 1/4 of Section 32; Township 80 North; Range 8 West of the 5th P.M. in Johnson County, Iowa (This property is located on the east side of Black Hawk Avenue NW, approximately 1/4 of a mile north of I-80 in Oxford Twp.).

Dewey Nielsen spoke for the application.

Motion by Duffy, second by Thompson, to waive the requirement of three considerations before amending an ordinance and to approve Application Z00002 on first and second consideration. Roll call: aye: Lehman, Jordahl, Thompson, Duffy; absent: Stutsman.

Application Z00004 of Howard and Marlene Rick, Swisher, Iowa, requesting rezoning of 15.19 acres from A1 Rural to RS Suburban Residential, RS-3 Suburban Residential and RS-5 Suburban Residential of certain property described as being located in the SE 1/4 of the NE 1/4 of Section 23; Township 81 North; Range 8 West of the 5th P.M. in Johnson County, Iowa (This property is located in the SW quadrant of the intersection of Plotz Road NW and Falcon Avenue NW in Monroe Twp.).

Tom Anthony of Landmark Surveying and Engineering and Marlene Rick spoke for the application. Pam Foster, Dennis Foster, Jan Reihman, Joseph Wisnousky and Jerome Wisnousky Jr. spoke against the application.

Duffy left at 8:21 p.m. and returned at 8:29 p.m.

Thompson asked if this application could be sent back to the Planning and Zoning Commission, if the applicant wanted to amend it. Dvorak said, if the Board wanted to, they could send it back, but if the Board isn’t looking favorably towards an amended application they shouldn’t send it back. Jordahl said he would vote to deny this application because it’s in an agricultural area and inconsistent with the Land Use Plan. Thompson agreed, and said the application is also on a gravel road, isn’t in the North Corridor, isn’t in the Swisher Fringe Area, was denied by the Planning and Zoning Commission, has water table and septic issues, and even though this isn’t prime farmland, residential zoning is not compatible with the agricultural lifestyle. Lehman agreed and said there was also opposition from the neighbors who are long-time residents. Duffy said he was voting against denying this application because it is poor farmland.

Motion by Jordahl, second by Thompson, to deny Application Z00004. Roll call: aye: Lehman, Jordahl, Thompson; nay: Duffy; absent: Stutsman.

Application Z00005 of John L. Henik, Mount Vernon, Iowa, requesting rezoning of 1.99 acres from A1 Rural to RS Suburban Residential of certain property described as being located in the SE 1/4 of Section 18; Township 81 North; Range 5 West of the 5th P.M. in Johnson County, Iowa (This property is located on the east side of Taft Avenue NE, approximately 1/4 of a mile north of its intersection with Sutliff Road NE in Cedar Twp.).

John Henik, Wayne Sieverding, Glen Meisner of MMS Consultants, Inc., and Jerry Feick spoke for the application.

Assistant Planning and Zoning Administrator R.J. Moore said once they set precedence on a non-ag zoning, it’s difficult for them to turn down another request to rezone.

Duffy supported this application because it was the best use of the land. Thompson said this application has some things in its favor, but it’s not consistent with the Land Use Plan; it’s not on a hard surface road, it’s not in the North Corridor, it’s spot zoning, and RS zoning is not consistent with an agricultural lifestyle. Duffy said there are a number of houses in this area. Jordahl agreed with Thompson, citing several parts of the Land Use Plan.

Motion by Duffy, to waive the requirement of three considerations before amending an ordinance and to approve Application Z00005 on first and second consideration. Motion died for lack of a second.

Motion by Thompson, second by Jordahl, to deny Application Z00005. Roll call: aye: Lehman, Jordahl, Thompson; nay: Duffy; absent: Stutsman.

Application Z00006 of Roger and Kathryn Mast, Oxford, Iowa, requesting rezoning of 11.34 acres from A1 Rural to RS-10 Suburban Residential of certain property described as being located in the SE 1/4 of the NE 1/4 of Section 13; Township 79 North; Range 8 West of the 5th P.M. in Johnson County, Iowa (This property is located on the west side of Greencastle Road SW, approximately 1/2 mile south of its intersection with the IWV Road SW in Hardin Twp.).

Glen Meisner with MMS Consultants, Inc. spoke for the application.

Thompson said this was inconsistent with the Land Use Plan and Jordahl agreed.

Motion by Thompson, second by Jordahl, to deny Application Z00006. Roll call: aye: Lehman, Jordahl, Thompson; nay: Duffy; absent: Stutsman.

Application Z00007 of Wayne and Audrey Miller, Wellman, Iowa, requesting rezoning of 3.23 acres from A1 Rural to RS-3 Suburban Residential of certain property described as being located in the SE 1/4 of the SE 1/4 of Section 18; 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 1/4 of a mile west of its intersection with Black Hawk Avenue SW in Washington Twp.).

Wayne Miller spoke for the application.

Lehman said there are 2 current houses there; an individual has been living there, will continue to, and is aware of the agricultural community. He added the age of the house is close to qualifying for a farmstead split. Thompson said it’s an exception they’ve done before. Jordahl said he objects to putting an RS zoning in an agricultural area.

Motion by Duffy, second by Thompson, to waive the requirement of three considerations before amending an ordinance and to approve Application Z00007 on first and second consideration. Roll call: aye: Lehman, Thompson, Duffy; nay: Jordahl; absent: Stutsman. (This motion constitutes passage on first consideration only due to the lack of three-fourths of the entire Board voting aye.)

Application Z00008 of Marvin and Mary Gregor, Solon, Iowa, signed by Tim Gregor, requesting rezoning of 10.00 acres from A1 Rural to RS-10 Suburban Residential of certain property described as being located in the NE 1/4 of the NW 1/4 and the NW 1/4 of the NE 1/4 of Section 12; Township 81 North; Range 7 West of the 5th P.M. in Johnson County, Iowa (This property is located on the south side of 120th Street NE, approximately 1/4 of a mile east of its intersection with Hickory Hollow Road NE in Jefferson Twp.).

Tim Gregor spoke for the application. Dvorak said a petition was submitted in opposition to the application. Rudolph Alchy spoke against the application.

Jordahl said the Land Use Plan was written to try to put the brakes on incremental rezoning.

Motion by Jordahl, second by Thompson, to deny Application Z00008. Roll call: aye: Lehman, Jordahl, Thompson; nay: Duffy; absent: Stutsman.

Recessed at 9:50 a.m.; reconvened at 10:03 p.m.

Application S9837 of Eldon T. Miller requesting preliminary and final plat approval of Farmers Hen House Subdivision, a subdivision located in the SE 1/4 of Section 14; Township 78 North; Range 8 West of the 5th P.M. in Johnson County, Iowa (This is a 3-lot, 81.20 acre, industrial subdivision, located on the north side of 520th Street SW, in the northwest quadrant of the 520th Street and Cosgrove Road SW intersection in Washington Twp.).

Eldon Miller spoke for the application.

Whereas, the owner has filed application S9837 for approval of a preliminary and final plat of Farmers Henhouse 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: Owner Certificate; Title Opinion; Certificate of the Treasurer; Subdivider's Agreement; Fence Agreement; Consent of Mortgagee; Resolution Affirming the Stability of the Current Road System

Motion by Jordahl, second by Thompson, to approve Resolution 03-09-00-Z3.

Application S9959 of Veronica Krehlik requesting preliminary and final plat approval of Krehlik Homestead, a subdivision described as being located in the NE 1/4 of Section 34; and the NW 1/4 of Section 35; all in Township 79 North; Range 5 West of the 5th P.M. in Johnson County, Iowa (This is a 1-lot, 9.11 acre, farmstead split, located on the north side of American Legion Road SE, approximately 1/4 of a mile northwest of its intersection with Highway 6 SE in Scott Twp.).

Whereas, the owner has filed application S9959 for approval of a preliminary and final plat of Krehlik Homestead, 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; Certificate of the Treasurer; Subdivider’s Agreement; Fence Agreement; Resolution Affirming the Stability of the Current Road System

Motion by Duffy, second by Thompson, to approve Resolution 03-09-00-Z4.

Application S00002 of Charles Campbell requesting preliminary and final plat approval of Campbell’s Stoop, a subdivision described as being located in the SW 1/4 of the SW 1/4 of Section 30; Township 81 North; Range 6 West of the 5th P.M. in Johnson County, Iowa (This is a 2-lot, 11.77 acres, residential subdivision, located on both the east and west sides of Scales Bend Road NE, approximately 1/8 of a mile north of its intersection with 200th Street NE in Penn Twp.).

Charles Campbell spoke for the application.

Whereas, the owner has filed application S00002 for approval of a preliminary and final plat of Campbell’s 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: Owner Certificate; Title Opinion; Certificate of the Treasurer; Consent of Contract Holder; Fence Agreement; Subdivider’s Agreement; Resolution Affirming the Stability of the Current Road System

Motion by Duffy, second by Thompson, to approve Resolution 03-09-00-Z5.

Application S00004 of Johnson County Old Order Amish School Organization, c/o of Michael Brenneman, signed by Doug Frederick of Hart-Frederick Consultants PC, requesting preliminary and final plat approval of Yoder’s School Addition, a subdivision described as being located in the SW 1/4 of Section 5; and the NW 1/4 of Section 8; all in Township 78 North; Range 7 West of the 5th P.M. in Johnson County, Iowa (This is a 1-lot, 1.22 acre, agricultural/school subdivision, located on the north side of 480th Street SW, approximately 1/8 of a mile east of its intersection with Hazelwood Avenue SW in Sharon Twp.).

Michael Brenneman was present to answer questions.

Whereas, the owner has filed application S00004 for approval of a preliminary and final plat of Yoder’s School Addition, 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; Certificate of the Treasurer; Subdivider's Agreement; Fence Agreement; Resolution Affirming the Stability of the Current Road System

Motion by Duffy, second by Thompson, to approve Resolution 03-09-00-Z6.

Adjourned to informal meeting of March 9, 2000 at 10:21 p.m.

/s/Sally Stutsman, Chair, Board of Supervisors

Attest: Tom Slockett, Auditor

By Casie Parkins, Recording Secretary

These minutes were sent for publication March 16, 2000 and formal approval on March 23, 2000.