A meeting of the Board of Supervisors of Johnson County, Iowa, was held at the Johnson County Administration Building on August 24, 2000, at 9 o'clock a.m. The meeting was called to order and there were present the Chairperson and the following named Supervisors:

Present: Charles Duffy, Jonathan Jordahl, Sally Stutsman and Carol Thompson; Mike Lehman joined the meeting by speakerphone at 10:00 a.m.

Absent: None.

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

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 Jordahl, second by Thompson, to approve the minutes of the formal meeting of June 29, 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 Jordahl, to approve and authorize the Chairperson to sign: a Renewal Application for Class B Beer Permit, Application For Outdoor Service Area, and Application For Sunday Sales Privilege for the Sutliff Store, Sutliff, as submitted by Randy Sproston and Connie Sproston.

An amendment to the Johnson County Zoning Ordinance, Chapter 8:16B CP1 and CP2 Planned Commercial District to add the following uses to the CP2 – Permitted Uses; Clubs and lodges, Computer supply stores, Consignment stores, Building supply stores, Meeting halls, Office Uses, Religious institutions, Retail establishments provided that not more than 50% of the total ground floor area shall be devoted to retail display, Telephone installation and service equipment, Office and home cleaning companies, Sign installer, Geo-technical Engineering Companies and field equipment service garages, Furniture and carpeting stores, Ambulance/ Emergency Response Facility, Auto and truck part sales. Special Provisions. 2. A community wastewater system and/or municipal water system may be required.

Section I. Purpose. The purpose of this ordinance is to further the stated purpose of the zoning ordinance by amending Chapter 8:1.16B. CP1 and CP2 Planned Commercial District and by repealing ordinances and parts of ordinances conflict herewith.

Section II. Amendment:

Amendment: Chapter 8:1.16B. CP1 and CP2 Planned Commercial District, by adding the following uses to the CP2 - Permitted Uses:

1. Clubs and lodges

2. Computer supply stores

3. Consignment stores

4. Building supply stores

5. Meeting halls

6. Office uses

7. Religious institutions

8. Retail establishments provided not more than 50% of the total ground floor area shall

be devoted to retail display

9. Telephone installation and service equipment

10. Office and home cleaning companies

11. Sign installer

12. Geo-technical Engineering companies and field equipment service garages

13. Furniture and carpeting stores

14. Ambulance/Emergency Response Facility

15. Auto and truck part sales

and by adding a Paragraph 2 under Special Provisions:

2. A community wastewater system and/or municipal water system may be required.

Section III. Repealer. All other ordinances or part of ordinances in conflict with the provisions of this ordinance are repealed.

Section IV. Saving 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 V. 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 July 13, 2000, motion by Thompson, second by Lehman, to approve the amendment to the Johnson County Zoning Ordinance, Chapter 8:16B CP1 and CP2 Planned Commercial District on first and second consideration. Roll call: aye: Lehman, Jordahl, Stutsman, Thompson, Duffy.

On August 10, 2000, motion by Thompson, second by Duffy, to approve the amendment to the Johnson County Zoning Ordinance, Chapter 8:16B CP1 and CP2 Planned Commercial District. Roll Call: aye: Lehman, Jordahl, Stutsman, Thompson, Duffy.

Motion by Stutsman, second by Thompson, to approve the amendment to the Johnson County Zoning Ordinance, Chapter 8:16B CP1 and CP2 Planned Commercial District and Ordinance 08-24-00-Z1 on final consideration. Roll Call: aye: Jordahl, Stutsman, Thompson, Duffy; absent; Lehman.

Application Z00028 of James J. and Virginia A. Stebral, Solon, Iowa, signed by same and Larry Lynch, requesting rezoning of 5.00 acres from A1 Rural and RS Suburban Residential to RS-5 Suburban Residential of certain property described as being in the SW 1/4 of Section 13; Township 80 North; Range 6 West of the 5th P.M. in Johnson County, Iowa (This property is located on the east side of Newport Road NE, approximately 400 feet south of its intersection with Sugar Bottom Road NE in Newport Twp.).

On August 10, 2000, motion by Lehman, second by Duffy, to waive the requirement of three considerations before amending an ordinance and to approve Application Z00028 on first and second consideration. Roll call: aye: Lehman, Jordahl, Stutsman, Thompson, Duffy.

Motion by Duffy, second by Jordahl, to approve Application Z00028 on second consideration. Roll call: aye: Jordahl, Stutsman, Duffy; nay: Thompson; absent: Lehman.

Application Z00029 of James J. and Virginia A. Stebral, Solon, Iowa, signed by same and Larry Lynch, requesting rezoning of 1.84 acres from A1 Rural to RS Suburban Residential of certain property described as being in the SW 1/4 of Section 13; Township 80 North; Range 6 West of the 5th P.M. in Johnson County, Iowa (This property is located on the south side of Turkey Creek Road NE, approximately 1/8 of a mile west of its intersection with Newport Road NE in Newport Twp.).

On August 10, 2000, motion by Lehman, second by Duffy, to waive the requirement of three considerations before amending an ordinance and to approve Application Z00029 on first and second consideration. Roll call: aye: Lehman, Jordahl, Duffy; nay: Stutsman, Thompson. (This motion constitutes passage on first consideration only due to the lack of three-fourths of the entire Board voting aye.)

Motion by Jordahl, second by Duffy, to approve Application Z00029 on second consideration. Roll Call: aye: Stutsman, Jordahl, Duffy; nay: Thompson; absent: Lehman.

Application S9943 of Eicher Farm Corp. c/o Charles Eicher, signed by Charles Eicher, requesting preliminary and final plat approval of Broken Arrow Ridge, a subdivision described as being located in the NE 1/4 of the SE 1/4 of Section 31; Township 79 North; Range 5 West of the 5th P.M. in Johnson County, Iowa (This is a 1-lot, 22.22 acre, farmstead split, located on the west side of Taft Avenue SE, approximately 1/2 mile south of its intersection with Osage Street SE in Scott Twp.).

Whereas, the owner has filed application S9943 for approval of a preliminary and final plat of Broken Arrow Ridge 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:

Motion by Duffy, second by Jordahl, to approve Resolution 08-24-00-Z1.

Whereas the Johnson County Planning and Zoning Commission, following a public hearing, on August 14, 2000, filed its report and recommendations for certain actions;

Now, Therefore, Be It Resolved as follows:

A public hearing in accordance with Section 335.6 of the Iowa Code is set for the 14th day of September, 2000 at 6:00 p.m. in the Board Room, Johnson County Administration Building, 913 South Dubuque Street, Iowa City, Iowa, on the following: Z00030 (Westcott Partners L.L.D.); S00017 (Miller); S00028 (Lindeman); S00031 (Barry); S00032 (Ogden); CU00002 (S & G Materials). Amendment of certain portions of the 1996 Iowa City/Johnson County Fringe Area Agreement.

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

Motion by Duffy, second by Stutsman, to approve Resolution 08-24-00-Z2.

Whereas, $950,000 is budgeted to be transferred from the General Basic Fund to the Capital Projects Fund during the 2000-2001 fiscal year; and

Whereas, the Board of Supervisors previously designated this amount for specific capital projects in Resolution 03-15-00-B2; and

Whereas, the Board of Supervisors desires to re-designate this amount for specific capital projects; and

Whereas, expenditures for these projects are made from the Capital Projects Fund.

Therefore be it resolved that the $950,000 budgeted to be transferred from the General Basic Fund to the Capital Projects Fund during the 2000-2001 fiscal year be re-designated as follows: ($7,716) from Administration building space needs; $85,000 for Courthouse improvements; $442,803 for Jail improvements/space needs; $12,257 for Countywide space needs; $20,000 for Jail/Financial consultant; $64,913 for Land acquisition; $12,000 for DHS building relocation; $16,769 for Eastdale Mall remodeling; $167,500 for Mall Drive property purchase; $11,231 for Ambulance building improvements; $10,000 for Health Dept. building improvements; $5,340 for Chatham Oaks building improvements; $100,634 for SEATS building relocation and $9,269 for Human Services/Health building construction.

Motion by Thompson, second by Stutsman, to approve Resolution 08-24-00-B1. Roll Call: aye: Stutsman, Thompson, Duffy; abstain: Jordahl; absent: Lehman.

Motion by Thompson, second by Duffy, to approve and authorize the Auditor to publish a Notice to Bidders setting a bid letting date of September 19, 2000 for Johnson County Project L-B-28-4 (bridge and approach grading on Mehaffey Bridge Road, "the causeway", in Section 28-81-6).

Motion by Jordahl, second by Duffy, to approve and authorize the Chairperson to sign the contract between the City of North Liberty and Johnson County regarding police protection and radio dispatch services to the City of North Liberty.

Motion by Thompson, second by Duffy, to approve and authorize the Chairperson to sign the renewal of the 28E Agreement between the City of University Heights and Johnson County for Transit Services.

Motion by Thompson, second by Jordahl, to approve changing the name for the Juvenile Crime Prevention Policy Board to Juvenile Justice Youth Development Program.

Motion by Jordahl, second by Thompson, to approve and authorize the Chairperson to sign the contract between the Iowa Department of Human Services/Johnson County Decategorization Project and Johnson County for the Juvenile Justice Youth Development Program.

Motion by Stutsman, second by Duffy, to appoint Daniel Walter as Reserve Deputy Sheriff as recommended by Sheriff Carpenter.

Motion by Duffy, second by Jordahl, to appoint Mary Sue Bowers to the Johnson County Integrated Roadside Vegetation Management Committee.

Motion by Duffy, second by Thompson, to approve and authorize the Chairperson to sign an Application For Fireworks Permit for Brennan L. Baehler, 2926 Prairie du Chien Road NE, Iowa City, on August 31, 2000 with rain dates of September 25 or 26, 2000.

Recessed at 9:43 a.m.; reconvened at 10:00 a.m. with Mike Lehman present by Speakerphone.

Supervisor Carol Thompson introduced the resolution next hereinafter set out and moved its adoption, seconded by Supervisor Jonathan Jordahl, and after due consideration thereof by the Board of Supervisors, the Chairperson put the question upon the adoption of the said resolution and the roll being called, the following named Supervisors voted:

Ayes: Lehman, Jordahl, Stutsman, Thompson, Duffy.

Nays: None.

Whereupon, the Chairperson declared the motion duly carried and the resolution adopted in substantially the following form:

Whereas, it is deemed necessary and advisable that Johnson County, Iowa (hereinafter sometimes referred to as the "County"), construct, equip and furnish a County Law Enforcement Center (hereinafter referred to as the "Project") and issue its bonds in the principal amount of $19,000,000 to finance the cost of the Project, to that extent; and

Whereas, pursuant to Section 331.442 of the Code of Iowa, before the County may institute proceedings for the issuance of general obligation bonds for the Project, the County must hold a special election upon the proposition of issuing such bonds and receive a favorable vote from at least 60% of the total votes cast at such special election;

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

Section 1. A special county election is hereby called and ordered to be held in and for the County, on Tuesday, the 7th day of November, 2000 in conjunction with the general election, at which there will be submitted to the voters of the County the following proposition:

Section 2. All of the foregoing matters are adopted and resolved by this Board, and the County Auditor is hereby authorized and directed to issue a proclamation and notice of the aforementioned proposition and of the time and place of the election and to take all other actions necessary pursuant to state law to conduct the election.

Passed and approved August 24, 2000.

Adjourned to the Informal meeting of August 24, 2000 at 10:40 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 August 31, 2000.