Chairperson Stutsman called the Johnson County Board of Supervisors to order in the Johnson County Administration Building at 9:00 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 Lehman, 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 December 14, 2000. Roll Call: aye: Lehman, Stutsman, Thompson, Duffy; abstain: Jordahl.

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

Convened Public Hearing on Local Amendments to the 1997 Uniform Building, 1997 Mechanical, 1997 Plumbing, and the 1999 National Electrical Codes at 9:05 a.m.

Stutsman opened the public hearing and there were no comments regarding the Amendment to the 1997 Uniform Building, 1997 Mechanical, 1997 Plumbing, and the 1999 National Electrical Codes.

Public Hearing closed at 9:10 a.m.

An Amendment to the Johnson County Zoning Ordinance by enacting additional provisions to Chapter 8:1.22, Subdivision Regulations, and by repealing ordinances and parts of ordinances in conflict herewith: Section I. Purpose. The purpose of this ordinance is to further the stated purpose of the Zoning Ordinance for Johnson County by amending article 8:1.22.V to require the dedication of necessary right-of-way for future road improvement as a part of the subdivision process. Section II. Amendments. Article 8:1.22.V is hereby amended by adding a sub-paragraph 8:1.22.V.9 which provides (9). Dedication of Additional Right-of-Way: (A) The owner of a proposed subdivision that is contiguous to a portion of a secondary road likely to be improved in the foreseeable future and which improvement will require additional right-of-way shall dedicate, by executing an appropriate right-of-way easement, any additional right-of-way needed for said improvement to the County at the time of final approval of the subdivision plat. For purposes of this section, a portion of a secondary road is likely to be improved in the foreseeable future only if it is listed on the Future Projects List or the Five Year Plan maintained by the Johnson County Engineer and approved annually by the Board of Supervisors. Additional right-of-way needed for an improvement is that amount of right-of-way for the contiguous portion of the secondary road as listed on the Projected Right-of-Way Needs Map maintained by the Johnson County Engineer and approved annually by the Board of Supervisors. (B) If the amount of right-of-way dedicated pursuant to paragraph 9(A) at the time of final approval of the subdivision plat is at any later date determined by the Johnson County Engineer to be insufficient for the improvement of that portion of the secondary road contiguous to the subdivision, the County shall purchase any necessary additional right-of-way from the then owner or acquire it via condemnation. If the amount of right-of-way dedicated pursuant to paragraph 9(A) at the time of final approval of the subdivision plat is at any later date determined by the Johnson County Engineer to be in excess of what is necessary for the improvement of that portion of the secondary road contiguous to the subdivision or if the applicable road improvement is removed from the Future Projects List or the Five Year Plan by the Board of Supervisors, the County shall vacate the unneeded portion of the right-of-way in favor of the then owner of the property contiguous to the vacated right-of-way. Section III. Repealer. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section IV. 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 V. Effective Date. This ordinance shall be in effect after its final passage and publication as part of the proceedings of the Board of Supervisors.

Section I. Purpose. The purpose of this ordinance is to further the stated purpose of the Zoning Ordinance for Johnson County by amending article 8:1.22.V to require the dedication of necessary right-of-way for future road improvement as a part of the subdivision process.

Section II. Amendments. Article 8:1.22.V is hereby amended by adding a sub-paragraph 8:1.22.V.9 which provides:

9.Dedication of Additional Right-of-Way: (A) The owner of a proposed subdivision that is contiguous to a portion of a secondary road likely to be improved in the foreseeable future and which improvement will require additional right-of-way shall dedicate, by executing an appropriate Permanent Roadway Easement, any additional right-of-way needed for said improvement to the County at the time of final approval of the subdivision plat. For purposes of this section, a portion of a secondary road is likely to be improved in the foreseeable future only if it is listed on the Future Projects List or the Iowa Department of Transportation Secondary Road Construction Program (also known as the Five Year Plan) maintained by the Johnson County Engineer and approved annually by the Board of Supervisors. Additional right-of-way needed for an improvement is that amount of right-of-way for the contiguous portion of the secondary road as listed on the Projected Right-of-Way Needs Map maintained by the Johnson County Engineer and approved annually by the Board of Supervisors.

(B) If the amount of right-of-way dedicated pursuant to paragraph 9(A) at the time of final approval of the subdivision plat is at any later date determined by the Johnson County Engineer to be insufficient for the improvement of that portion of the secondary road contiguous to the subdivision, the County shall purchase any necessary additional right-of-way from the then owner or acquire it via condemnation. If the amount of right-of-way dedicated pursuant to paragraph 9(A) at the time of final approval of the subdivision plat is at any later date determined by the Johnson County Engineer to be in excess of what is necessary for the improvement of that portion of the secondary road contiguous to the subdivision or if the applicable road improvement is removed from the Future Projects List or the Five Year Plan by the Board of Supervisors, the County shall vacate the unneeded portion of the right-of-way in favor of the then owner of the property contiguous to the vacated right-of-way.

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

Section IV. 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 V. Effective Date. This ordinance shall be in effect after its final passage and publication as part of the proceedings of the Board of Supervisors.

On December 14, 2000, motion by Thompson, second by Jordahl, to approve the Amendment to the Johnson County Zoning Ordinance relating to the dedication of necessary right-of-way for future road improvement on first and second consideration. Roll Call: aye: Lehman, Jordahl, Stutsman, Thompson; nay: Duffy.

Motion by Jordahl, second by Lehman, to approve the Amendment to the Johnson County Zoning Ordinance relating to the dedication of necessary right-of-way for future road improvement on final consideration and to approve Ordinance 12-21-00-Z1. Roll Call: aye: Lehman, Jordahl, Stutsman, Thompson; nay: Duffy.

An Amendment to the Johnson County Zoning Ordinance by enacting additional provisions to Chapter 8:1.22, Subdivision Regulations, and by repealing ordinances and parts of ordinances in conflict herewith: Section I. Purpose. The purpose of this ordinance is to further the stated purpose of the Zoning Ordinance for Johnson County by amending Article 8:1.22.V to require that proposed subdivisions shall be approved only if they are in locations which meet certain Road Performance Standards. Section II. Amendments. Article 8:1.22.V is hereby amended by adding a sub-paragraph 8:1.22.V.10 which provides: (10). Road Performance Standards: Proposed subdivisions will be approved only if they are in locations which meet the Road Performance Standards contained in this section. (A) Dirt Roads. No subdivision of property will be permitted on dirt roads. (B) Gravel Roads. (1) Subdivisions on gravel roads with a projected traffic volume greater than two hundred (200) vehicles per day shall have approval conditioned on a density of development not to exceed one lot for every twenty (20) acres, using a cluster-type subdivision design where at least eighty percent (80%) of the subdivision consists of a non-buildable outlot. (2) Subdivisions shall not be approved on gravel roads with a projected traffic volume greater than three hundred (300) vehicles per day, unless improvement of said road is scheduled within the next two years of the adopted Johnson County five year road improvement plan. (3) The preceding vehicle volume thresholds shall be reduced by fifty percent (50%) if the measured 85^th percentile speed on the road exceeds the posted speed limit by fifteen (15) miles per hour or more. (4) The preceding vehicle volume thresholds shall be reduced by fifty percent (50%) if horizontal or vertical geometry of said road is judged by the County Engineer to have significant sight distance constraints. (C) Oiled Chip Seal Roads. (1) Subdivisions on oiled chip sealed roads with a projected traffic volume greater than seven hundred (700) vehicles per day shall have approval conditioned on a density of development not to exceed one lot for every twenty (20) acres, using a cluster-type subdivision design where at least eighty percent (80%) of the subdivision consists of a non-buildable outlot. (2) Subdivisions shall not be approved on oiled chip seal roads with a projected traffic volume greater than one thousand (1,000) vehicles per day, unless improvement of said road is scheduled within two years of the adopted Johnson County five year road improvement plan. (3) The preceding vehicle volume thresholds shall be reduced by fifty percent (50%) if the measured 85^th percentile speed exceeds the posted speed limit by fifteen (15) miles per hour or more. (4 The preceding vehicle volume thresholds shall be reduced by fifty percent (50%) if horizontal or vertical geometry of said road is judged by the County Engineer to have significant sight distance constraints. (D) Paved Roads. (1) If turning movements created by a proposed subdivision are judged by the County Engineer to create a potentially hazardous situation, prior to approving a subdivision plat an assessment shall be made by the County Engineer as to whether or not a road improvement project is necessary to improve traffic safety. (2) If horizontal or vertical geometry of said road is judged by the County Engineer to have significant sight distance constraints, prior to approving a subdivision plat an assessment shall be made by the County Engineer as to whether or not a road improvement project is necessary to improve traffic safety. For the purpose of evaluating proposed subdivisions under this section, "existing traffic volumes" shall be determined by the most recent available traffic count recorded by the Johnson County Department of Secondary Roads, the Johnson County Council of Governments, or the Iowa Department of Transportation, in that order of preference; "projected residential traffic volumes" shall be determined by adding to an existing traffic count (i) the number of existing platted lots with direct access multiplied by eight vehicle trips per day, and (ii) the estimated density of development from any currently zoned residential property with direct access multiplied by eight vehicle trips per day; and "projected commercial and industrial traffic volumes" shall be determined by adding to an existing traffic volume the estimated trip generation based on the Trip Generation manual published by the Institute of Transportation Engineers. A proposed subdivision is "on" a particular road if it’s main entrance intersects that road. For the purposes of applying these standards to proposed subdivisions on gravel roads and oiled chip seal roads, the standards shall apply to the entire road segment between the nearest paved roads. The "entire road segment" may include more than the road where the development project is proposed in order to establish a segment with a paved road at either end. Section III. Repealer. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section IV. 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 V. Effective Date. This ordinance shall be in effect after its final passage and publication as part of the proceedings of the Board of Supervisors.

Section I. Purpose. The purpose of this ordinance is to further the stated purpose of the Zoning Ordinance for Johnson County by amending Article 8:1.22.V to require that proposed subdivisions shall be approved only if they are in locations which meet certain Road Performance Standards.

Section II. Amendments. Article 8:1.22.V is hereby amended by adding a sub-paragraph 8:1.22.V.10 which provides:

(3)The preceding vehicle volume thresholds shall be reduced by fifty percent (50%) if (a) the measured 85^th percentile speed on the road exceeds the posted speed limit by fifteen (15) miles per hour or more, or (b) horizontal or vertical geometry of said road is judged by the County Engineer to have significant sight distance constraints.

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

Section IV. 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 V. Effective Date. This ordinance shall be in effect after its final passage and publication as part of the proceedings of the Board of Supervisors.

On December 14, 2000, motion by Jordahl, second by Thompson, to approve the Amendment to the Johnson County Zoning Ordinance with the changes outlined by County Attorney Pat White on first and second consideration. Roll Call: aye: Lehman, Jordahl, Stutsman, Thompson; nay: Duffy.

Motion by Thompson, second by Jordahl, to approve the Amendment to the Johnson County Zoning Ordinance on final consideration and to approve Ordinance 12-21-00-Z2. Roll Call: aye: Lehman, Jordahl, Stutsman, Thompson; nay: Duffy.

Whereas, in order to best implement the Uniform Building Code, the National Electric Code, the Uniform Mechanical Code, and the Uniform Plumbing Code as adopted by the Johnson County Board of Supervisors in conjunction with the Johnson County Building Code, a Johnson County Building Code Board of Appeals should be established; and

Whereas, the Johnson County Board of Supervisors has given due consideration to the necessity and needs of such a Board of Appeals, along with objections and evidence for or against the same;

Now, Therefore, Be It Resolved that for the reasons stated above a Johnson County Building Code Board of Appeals should be created;

Be It Further Resolved that the Board shall consist of seven (7) members appointed by the Board of Supervisors and that one member be a licensed electrician, that one member be a licensed plumber, that one member be qualified by experience and training to pass upon matters pertaining to building construction, that one member be qualified by experience and training to pass upon matters pertaining to mechanical design, construction and maintenance, and that all other members be qualified by experience and training to pass upon matters pertaining interpretations of the Building Official; and

Be It Further Resolved that the Board of Supervisors, in appointing the members of the Board of Appeals, may give preference to those qualified applicants living in the unincorporated areas of Johnson County; and

Be It Further Resolved that the Building Official shall be a non-voting ex officio member of, and shall act as secretary to, the Board of Appeals; and

Be It Further Resolved that, upon initial appointment by the Board of Supervisors, the member who is a licensed electrician serve a five-year term, the member who is a licensed plumber serve a four-year term, the member who is qualified by experience and training to pass upon matters pertaining to building construction serve a three-year term, the member who is qualified by experience and training to pass upon matters pertaining to mechanical design, construction and maintenance serve a two-year term and the other members serve one-, five-, and four-year terms, respectively; and that after the initial term each member who is re-appointed or whoever is appointed in his or her stead serve a five-year term; and

Be It Further Resolved that the duties of the Johnson County Building Code Board of Appeals shall include hearing and deciding appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of the Johnson County Building Code, as well as hearing and deciding any other matters placed before it by the Board of Supervisors; but that the Board of Appeals shall have no authority to waive the requirements of the Johnson County Building Code; and

Be It Further Resolved that the Johnson County Building Code Board of Appeals shall have regular meetings scheduled at intervals of no less than one per month or as otherwise needed.

Motion by Duffy, second by Lehman, to approve Resolution 12-21-00-Z1.

Motion by Duffy, second by Thompson, to appoint Todd Santoro to the Johnson County Historic Preservation Commission for an unexpired term ending December 31, 2001.

Adjourned to informal meeting at 9:42 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 December 28, 2000.