MINUTES OF THE FORMAL MEETING OF THE JOHNSON COUNTY BOARD OF SUPERVISORS:

OCTOBER 9, 1997

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: Joseph Bolkcom, Jonathan Jordahl, Sally Stutsman, Stephen Lacina, and Charles Duffy.

Unless otherwise noted, all actions were taken unanimously.

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

Motion by Bolkcom, second by Jordahl, to approve the minutes of the formal meeting of October 2, 1997.

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

Motion by Lacina, second by Duffy, to approve and authorize the Chairperson to sign Grants-To-Counties Application for FY ‘99 for Iowa Department of Natural Resources in the amount of $21,500.

Motion by Lacina, second by Bolkcom, authorizing surplus property items no longer needed by the County to be auctioned on October 11, 1997.

Motion by Lacina, second by Duffy, to approve designation of December 26, 1997 as the floating Christmas holiday for Board of Supervisors office.

Motion by Lacina, second by Duffy, to appoint Kate Corcoran to the Compensation Board for a term ending June 30, 2001.

Motion by Lacina, second Duffy, to appoint Mary Blumenstein to an interim position on the Johnson County Cluster Board/Social Welfare Board for a term ending December 31, 1997.

Motion by Bolkcom, second by Lacina, to accept Jeffrey Van Slykes' resignation from the Johnson County Cluster Board/Social Welfare Board and authorize Chairperson to send a letter and certificate of appreciation.

Motion by Bolkcom, second by Lacina, to accept the letter withdrawing application S9707 of Berg and Yansky.

Motion by Lacina, second by Jordahl, to accept the letter withdrawing applications S9724 and Z9712 of Roger Mast.

Recessed to informal meeting of October 7 and 9, 1997 at 5:43 p.m.; reconvened at 6:00 p.m. as a Public Hearing on Zoning and Platting Applications, and Conditional Use Permit.

Application Z9718 of Richard Barta, Solon, Iowa, requesting rezoning of 1.14 acres from CP2 Planned Commercial to RS Suburban Residential of certain property described as being in the NW 1/4 of the SE 1/4 of Section 15; Township 81 North; Range 6 West of the 5th P.M. in Johnson County Iowa. (This property is located in the northeast quadrant of the intersection of Polk Avenue NE and Iowa Highway 382 NE in Big Grove Twp.)

Richard Barta spoke at length for the application.

Duffy said that this would be a downzoning of the property. Bolkcom said the present commercial use is next to an industrial use and the proposed residential use would not be compatible. Bolkcom and Lacina expressed concerns about having access by a level B road, Lacina citing access for fire protection. Stutsman and Jordahl were also concerned about the compatibility of residential with industrial use.

Motion by Duffy, second by Lacina, to waive the requirement of three considerations before amending an ordinance and to approve Application Z9718 on first and second consideration. Roll call: aye: Duffy; nay: Bolkcom, Jordahl, Stutsman, Lacina

Motion by Jordahl, second by Bolkcom, to deny Application Z9718. Roll call: aye: Bolkcom, Jordahl, Stutsman, Lacina; nay: Duffy

Application Z9732 of Cy-Hawk, C/O Ben Meisner, requesting rezoning of 3.98 acres (2 lots), from A1 Rural to RS Suburban Residential of certain property described as being in the NE 1/4 of the NW 1/4 of Section 9; Township 80 North; Range 8 West of the 5th P.M. in Johnson County, Iowa. (This property is located on the west side of Cemetery Road NW, approximately 1.5 miles north of Oxford, Iowa in Oxford Twp.)

Glen Meisner of MMS Consultants, Inc. spoke at length for the application. David John Lacina and Pat Sippy spoke at length against the application.

Assistant County Attorney Anne Lahey said covenants to be placed on the proposed property would be binding on new owners; however provisions of the bylaws of a homeowners association may allow for the covenants to be changed.

Jordahl pointed out the district use regulations for an A1 district state that residential uses shall be restricted to 2 single family dwellings for those resident owners and laborers engaged in the operation of a farm of 40 acres or larger. Bolkcom said the application was reduced from 14 lots to 2 lots, and given the nature of the outlots and restrictive covenants which may be changed, this may lead to further subdivision of this land in the future. Jordahl said residential growth here leads to inflated prices for farm land. Jordahl said the application is not compatible with the surrounding agricultural land use. Duffy said the corn suitability rating is an important consideration in land use decisions. Lacina said there has been ground used for cattle sold for uses other than agricultural, but using less productive ground such as this application to build housing to replace old housing is better for young farmers than building in a corn field. Stutsman said this is not a subdivision within a farm family, but it is a non-related person from town developing housing. She said it is not a compatible use. Duffy asked if they want land use or land control and said he is for preserving prime farm land.

Meisner requested changing the application to one lot, keeping the RS-10 zoning lot.

Stutsman said this opens the door to further subdivision.

Lacina left at 6:48 p.m. and returned at 6:50 p.m.

Motion by Bolkcom, second by Jordahl, to deny Application Z9732. Roll call: aye: Bolkcom, Jordahl, Stutsman; nay: Lacina, Duffy.

Application Z9736 of Ronald Johnson, owner, Oxford, signed by Randy Johnson, Coralville, requesting rezoning of 1.0 acres from A1 Rural to RS Suburban Residential of certain property described as being in the NW 1/4 of the NE 1/4 of Section 26; Township 79 North; Range 8 West of the 5th P.M. in Johnson County, Iowa. (This property is located on the south side of Rohret Road SW, approximately 1/2 mile west of its intersection with Hardin Road SW and Cosgrove Road SW in Hardin Twp.)

Wanda Johnson was present to answer questions.

Motion by Lacina, second by Duffy, to waive the requirement of three considerations before amending an ordinance and to approve Application Z9736 on first and second consideration. Roll call: aye: Bolkcom, Jordahl, Stutsman, Lacina, Duffy.

Application Z9737 of Betty Grabin, Oxford, owner, signed by Lane Lacina, Oxford, requesting rezoning of 1.99 acres from A1 Rural to RS Suburban Residential of certain property described as being in the NE 1/4 of the SE 1/4 of Section 9; Township 80 North; Range 8 West of the 5th P.M. in Johnson County, Iowa. (This property is located in the north side of 255th Street NW, approximately 1/2 mile eat of its intersection with Cemetery Road NW in Oxford Twp.)

Tom Anthony of Landmark Surveying and Engineering spoke for the application.

Jordahl said rezoning this land for a dwelling for a family member involved in a family farm operation is a compatible use. Lacina said they need to fight for this very thing to help young people stay on the farm.

Motion by Jordahl, second by Stutsman, to waive the requirement of three considerations before amending an ordinance and to approve Application Z9737 on first and second consideration. Roll call: aye: Bolkcom, Jordahl, Stutsman, Lacina, Duffy.

Application Z9738 of Robert and Marianne Ives, Oxford, requesting rezoning of 2.6 acres (2 - 1.30 acre lots) from A1 Rural to RS Suburban Residential of certain property described as being in the SW 1/4 of the NE 1/4 of Section 26; Township 80 North; Range 8 West of the 5th P.M. in Johnson County, Iowa. (This property is located on the south side of Eagle Avenue NW, approximately 1/4 of a mile south of its intersection with Highway 6 in Oxford Twp.)

Glen Meisner of MMS Consultants, Inc. spoke for the application. Denny McCaw, Kathy Bush, and Dean Moore spoke against the application.

Planning and Zoning Administrator Rick Dvorak said he received a letter from the applicant requesting the application be changed from two lots on 8 acres to one on 8 acres.

Duffy said he can't support the application because of the minimum maintenance road.

Motion by Bolkcom, second by Duffy, to deny Application Z9738. Roll call: aye: Bolkcom, Jordahl, Stutsman, Lacina, Duffy.

Application Z9739 of Frank Shima Estate, c/o Leo Shima, Solon, signed by Gary Haymond, requesting rezoning of 10.00 acres (2 - 5.0 acre lots) from A1 Rural to RS5 Suburban Residential of certain property described as being located in the SW 1/4 of the SE 1/4 of Section 2; Township 80 North; Range 6 West of the 5th P.M. in Johnson County, Iowa. (This property is located 1/4 of a mile east of Jordan Creek Road NE through the Robert Breese property and approximately 1/4 of a mile north of the intersection of Jordan Creek Road NE and Sugar Bottom Road NE in Newport Twp.)

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

Planning and Zoning Administrator Rick Dvorak said he received a letter from the applicant's attorney requesting the application be deferred.

Motion by Lacina, second by Bolkcom, to defer Application Z9739 for 6 months. Roll call: aye: Bolkcom, Jordahl, Stutsman, Lacina, Duffy.

Application Z9740 of Wesley Dlouhy, Swisher, requesting rezoning of 5.0 acres from A1 Rural to RS5 Suburban Residential of certain property described as being in the SW 1/4 of the NW 1/4 of Section 13; Township 81 North; Range 8 West of the 5th P.M. in Johnson County, Iowa. (This property is located on the east side of Falcon Avenue NW, approximately 1/4 of a mile south of its intersection with "L" Road NW in Monroe Twp.)

Ralph Neuzil, attorney for the applicant, spoke at length for the application and Wesley Dlouhy spoke for the application.

Duffy agreed with Neuzil's contention that selling 40 acres would allow building a house under A1 zoning. Jordahl said the question of being able to build on 40 acres does not apply to this application. Bolkcom said this application takes good farm ground out of production. Jordahl said the relative proposing to reside on this site would not be engaged in an agricultural operation. Lacina supported allowing the person who would reside on the property to live near and offer support to older relatives

Motion by Lacina, second by Duffy, to waive the requirement of three considerations before amending an ordinance and to approve Application Z9740 on first and second consideration. Roll call: aye: Lacina, Duffy; nay: Bolkcom, Jordahl, Stutsman.

Motion by Bolkcom, second by Jordahl, to deny Application Z9740. Roll call: aye: Bolkcom, Jordahl, Stutsman; nay: Lacina, Duffy.

Application Z9741 of Mary Dlouhy, Swisher, owner, signed by Wesley Dlouhy, Swisher, requesting rezoning of 10 acres from A1 Rural to RS10 Suburban Residential of certain property described as being in the NE 1/4 of Section 14; township 81 North; Range 8 West of the 5th P.M. in Johnson County, Iowa. (This property is located on the west side of Falcon Avenue NW, approximately 1/4 of a mile south of its intersection with "L" Road NW in Monroe Twp.)

Ralph Neuzil, attorney for the applicant, spoke at length for the application.

Jordahl said the idea that the person who would reside on this property might possibly be involved at some future time in agricultural operations does not meet the requirement of being actively involved in that operation. Bolkcom said, with a corn suitability rating of 76, farming should continue on this property.

Motion by Duffy, second by Lacina, to waive the requirement of three considerations before amending an ordinance and to approve Application Z9741 on first and second consideration. Roll call: aye: Lacina, Duffy; nay: Bolkcom, Jordahl, Stutsman.

Motion by Bolkcom, second by Jordahl, to deny Application Z9741. Roll call aye: Bolkcom, Jordahl, Stutsman; nay: Lacina, Duffy.

Recessed at 7:53 p.m.; reconvened at 8:00 p.m.

Application S9728 of Jim Pirkl, owner, signed by John Pratt, requesting preliminary and final plat approval of Allalone, a subdivision described as being located in the South 1/2 of the NW 1/4 of Section 20; Township 80 North; Range 6 West of the 5th P.M. in Johnson County, Iowa. (This is a 2-lot, 69.99 acre, residential and agricultural subdivision, located on the north side of Johnston Way Road NE, approximately 3/8 of a mile west of North Liberty Road NE in Penn Twp.)

Wally Chapell expressed his concerns.

Assistant Planning and Zoning Administrator R.J. Moore said the owner may build one house on the 46 acre outlot, zoned A1, and an additional residence is possible for someone involved in agricultural operations on the property without splitting the property. On the proposed residential lot he said only one house would be allowed, but the owner would not be prevented from applying for further resubdivision.

RESOLUTION 10-09-97-Z1

APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF ALLALONE SUBDIVISION, JOHNSON COUNTY, IOWA.

WHEREAS, the owner has filed application S9728 for approval of a preliminary and final plat of Allalone 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; Treasurer's Certificate; Subdivider's Agreement; Shared Access Easement; Fence Agreement; Resolution Affirming the Stability of the Current Road System

Motion by Lacina, second by Duffy, to approve Resolution 10-09-97-Z1. Roll call: aye: Bolkcom, Jordahl, Stutsman, Lacina, Duffy.

Application S9755 of Richard and Charlotte Cozine, signed by Richard P. Brown, requesting preliminary and final plat approval of Cozine's First Subdivision, a subdivision described as being located in the SE 1/4 of the NW 1/4 of Section 34; Township 80 North; Range 5 West of the 5th P.M. in Johnson County, Iowa. (This is a 1-lot, 8.26 acre, farmstead split, located on the west side of Vincent Avenue NE, at its intersection with Fairview Cemetery Road NE in Graham Twp.)

Larry Lynch, attorney for the applicants, was present to answer questions.

RESOLUTION 10-09-97-Z2

APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF COZINE'S FIRST SUBDIVISION, JOHNSON COUNTY, IOWA.

WHEREAS, the owner has filed application S9755 for approval of a preliminary and final plat of Cozine's First 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; Treasurer's Certificate; Subdivider's Agreement; Fence Agreement; Consent of Mortgagee; Resolution Affirming the Stability of the Current Road System

Motion by Lacina second by Duffy, to approve Resolution 10-09-97-Z2. Roll call: aye: Bolkcom, Jordahl, Stutsman, Lacina, Duffy.

Application S9756 of Jeff Maxwell requesting preliminary and final plat approval of A Resubdivision of Lots 14, 15, and part of Outlot C of Woodland Ridge Subdivision Part One, a subdivision described as being located in the SW 1/4 of the SW 1/4 of Section 28; Township 79 North; Range 6 West of the 5th P.M. in Johnson County, Iowa. (This is a 3-lot with 1 outlot, 2.37 acre, residential subdivision, located on the south side of Meadowview Lane SW, approximately 1/4 of a mile east of its intersection with Dane Road SW in West Lucas Twp.)

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

Assistant Planning and Zoning Administrator R.J. Moore said the applicant is keeping the same number of buildable and non-buildable lots, adjusting lot boundaries.

RESOLUTION 10-09-97-Z3

APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF A RESUBDIVISION OF LOTS 14, 15 & PART OF OUTLOT C OF WOODLAND RIDGE SUBDIVISION, PART ONE, JOHNSON COUNTY, IOWA.

WHEREAS, the owner has filed application S9756 for approval of a preliminary and final plat of A Resubdivision of Lots 14, 15, and part of outlot C of Woodland Ridge Subdivision, Part One, 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; Amended Covenants; Subdivider's Agreement; Resolution Affirming the Stability of the Current Road System

Motion by Lacina, second by Duffy, to approve Resolution 10-09-97-Z3. Roll call: aye: Bolkcom, Jordahl, Stutsman, Lacina, Duffy.

Application S9757 of Ray Brannaman, signed by Glen Meisner of MMS Consultants Inc., requesting preliminary plat approval of Brannaman's Last Addition (A Resubdivision of Lot 3 Brannaman's East Addition), a subdivision described as being located in the SE 1/4 of Section 11; Township 81 North; Range 5 West of the 5th P.M. in Johnson County, Iowa. (This is an 8-lot, 14.72 acre, residential subdivision, located on the north side of 130th Street NE, approximately 1/2 mile west of 130th Street NE and Yellow Pine Avenue NE intersection in Cedar Twp.)

Jim Martinek, attorney for the applicant, and Ray Brannaman spoke for the application.

Assistant Planning and Zoning Administrator R.J. Moore said the dust alleviation agreement will need to be revised to apply to the subdivision road rather than the County road. Environmental Health Specialist Dan Kramer said there are suitable sites for placement of wastewater systems to stay out of the high water table.

RESOLUTION 10-09-97-Z4

APPROVING THE PRELIMINARY PLAT OF BRANNAMAN'S LAST ADDITION, JOHNSON COUNTY, IOWA.

WHEREAS, the owner has filed application S9757 for approval of a preliminary plat of Brannaman's Last 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.

Motion by Duffy, second by Lacina, to approve Resolution 10-09-97-Z4. Roll call: aye: Bolkcom, Jordahl, Stutsman, Lacina, Duffy.

Application S9758 Kevin Kidwell requesting final plat approval of Kidwell Estates, Part Two , a subdivision described as being located in the NW 1/4 of the NW 1/4 of Section 3 and the NE 1/4 of the NE 1/4 of Section 4; all in Township 80 North; and the SE 1/4 of the SE 1/4 of Section 33; Township 81 North; Range 6 West of the 5th P.M. in Johnson County, Iowa. (This is a 5-lot, 52.18 acre, residential subdivision, located on the west side of Sugar Bottom Road NE approximately 1/2 mile east of its intersection with Mehaffey Bridge Road NE in Newport and Big Grove Twp.)

Jim Martinek, attorney for the applicant, spoke for the application.

Assistant Planning and Zoning Administrator R.J. Moore said the applicant is unwilling to give the County an additional 17 feet of right-of-way, providing an acquisition plat, until such time the County improves the road; at which time the applicant would be willing to give the right-of-way. Assistant County Attorney Anne Lahey said a contract for the 17 feet of right-of-way cannot be a legal condition required for platting. Moore said the most recently proposed subdivider's agreement does not contain a provision for the right-of-way. Lahey said the Board could defer in order to reach an agreement with the applicant or the resolution could be passed contingent upon including the language reserving the right-of-way in the subdivider's agreement.

Lacina said he is not ready to take action until an agreement is reached on the right-of-way, saying costs of condemnation at a later time could be higher if setbacks aren't in place.

Motion by Duffy to approve Application S9758. The motion died for lack of a second.

Motion by Jordahl, second by Bolkcom, to defer Application S9758 until October 23, 1997. Roll call: aye: Bolkcom, Jordahl, Stutsman, Lacina, Duffy.

Application S9759 of Kevin Kidwell requesting final plat approval of Kidwell Estates Part Three, a subdivision described as being located in the East 1/2 of the SE 1/4 of Section 33; Township 81 North; Range 6 West of the 5th P.M. in Johnson County, Iowa. (This is a 5-lot, 48.73 acre, residential subdivision, located on the east side of Sugar Bottom Road NE, approximately 1/4 of a mile east of Mehaffey Bridge Road NE in Big Grove Twp.)

Jim Martinek, attorney for the applicant, spoke for the application.

Motion by Jordahl, second by Bolkcom to defer Application S9759 until October 23, 1997. Roll call: aye: Bolkcom, Jordahl, Stutsman, Lacina; nay: Duffy.

Recessed at 9:01 p.m.; reconvened at 9:10 p.m.

Application CU9706 of Tom H. Williams, owner, signed by William L. Meardon, representing S & G Materials of Iowa City, requesting a Conditional Use Permit to operate a sand and gravel excavation as allowed in Chapter 8:1.34 (H2) of the Johnson County Zoning Ordinance on property located in the SE 1/4 of the NW 1/4 and Government 2 and the West 1/2 of the South 19.10 acres of Government Lot 1, all in Section 34; Township 79 North; Range 6 West of the 5th P.M. of Johnson County, Iowa. This property is located south of the Izaak Walton Road SE and east of Oak Crest Hill Road SE in West Lucas Twp.)

Marietta Gill, David Christ, Kay Hull, Charles McLean, Dwight Tardy, Rebecca Boyd, Tamara Blair, Roy Walton, Janet Hesseltine, Laura Westemeyer, and Mike Lyon spoke against the application. Robert Barker, Judy Krieg of MMS Consultants, Inc., Tom Williams, and Karen Williams spoke for the application. The applicant asked for a deferral until November 13, 1997.

Planning and Zoning Administrator Rick Dvorak said he should confer with the County Attorney regarding notification and petition requirements.

Motion by Lacina, second by Duffy, to defer Application CU9706 until November 13, 1997. Roll call: aye: Bolkcom, Jordahl, Stutsman, Lacina, Duffy.

Public Hearing closed and formal meeting adjourned at 10:20 p.m.

/s/ Sally Stutsman, Chair, Board of Supervisors

Attest: Tom Slockett, Auditor

By Courtney Bork and Casie Parkins, Recording Secretaries

These minutes were sent for publication and formal approval on October 16, 1997.