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

NOVEMBER 13, 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.

Convened at 5:30 p.m. a Public Hearing on proposed plans, specifications, form of contract, and fixing cost estimate in the amount of $190,000 on remodeling of property at 417 South Clinton Street, Iowa City, Iowa to provide a courtroom and office space.

There were no comments or questions from the public.

RESOLUTION 11-13-97-01
APPROVING NOTICE TO BIDDERS FOR COURTHOUSE REMODELING

WHEREAS, a public hearing was conducted on the 13th day of November, 1997, concerning proposed plans, specifications and form of contract for, and the estimated cost of, improvement to county property at 417 South Clinton, specifically portions of the Johnson County Courthouse; and

WHEREAS, the Johnson County Board of Supervisors has given due consideration to said proposed plans, specifications, form of contract for, and cost of, said improvements along with objections and evidence for or against the same as reflected by the record of the public hearing;

NOW, THEREFORE, BE IT RESOLVED that remodeling and improvement of portions of the first floor of the Johnson County Courthouse to provide an additional courtroom and office space at an estimated cost of $190,000.00, with two alternate bids, one for the remodeling of the Northwest and Northeast third floor turrets and the second for heating and air-conditioning improvements to the Southeast corner of the Johnson County Courthouse, is in the best interest of Johnson County;

BE IT FURTHER RESOLVED that the proposed plans, specifications and form of contract for, and the $190,000.00 estimated cost of said improvements, with two alternate bids for the remodeling of the third floor turrets of the courthouse and for the improvements to the heating and air-conditioning of the Southeast corner of the courthouse, are hereby approved as the plans, specifications and form of contract for, and estimated cost of said improvements; and

BE IT FURTHER RESOLVED that sealed bids for the construction of said improvements, or portions thereof, be solicited for receipt by the Johnson County Auditor no later than 2:00 P.M. C.D.T., December 9, 1997. Notice to bidders to be published pursuant to the Iowa Code.

Motion by Lacina, second by Bolkcom, to approve Resolution 11-13-97-01.

Public Hearing closed at 5:31 p.m.

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

Motion by Bolkcom, second by Lacina, to approve the minutes of the formal meeting of November 6, 1997 and the formal minutes of the November 10, 1997 canvass of votes for the city election.

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

Request to amend Ordinance 12-19-96-Z2 and Application Z9653 of Art Hoeffer by amending the legal description of property located in the Lot 3, Timberwood Estates, NE 1/4 of Section 18; Township 81 North; Range 7 West of the 5th P.M. in Johnson County, Iowa.

Motion by Lacina, second by Duffy, to waive the requirement of three considerations before amending an ordinance and to approve the request to amend the legal description of Ordinance 12-19-96-Z2 and Application Z9653 on first and second consideration. Roll call: aye: Bolkcom, Jordahl, Stutsman, Lacina, Duffy.

RESOLUTION 11-13-97-Z1
SETTING PUBLIC HEARING FOR ZONING AND PLATTING APPLICATIONS

WHEREAS the Johnson County Planning and Zoning Commission, following a public hearing, on November 10, 1997, has filed its report and recommendations for certain actions;

NOW, THEREFORE, BE IT RESOLVED as follows:

1. A public hearing in accordance with Section 335.6 of the Iowa Code is set for the 11th day of December, 1997, at 6:00 p.m. in the Board Room, Johnson County Administration Building, 913 South Dubuque Street, Iowa City, Iowa, on the following applications: Z9746 (Kennedy), Z9747 (Bentley), Z9748 (Meyer), Z9749 (Young), Z9750 (Kaverman), Z9751 (Johnson), S9767 (Dvorsky), S9771 (Dresselhaus), S9772 (Hotz), S9773 (Knebel), S9775 (Schneider), S9776 (Leonard).

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

Motion by Bolkcom, second by Lacina, to approve Resolution 11-13-97-Z1.

Motion by Duffy, second by Jordahl, to discontinue zoning site visits as an informal meeting of the Board of Supervisors.

Motion by Lacina, second by Duffy, to not take action on the application for the County Farm for the Conservation Reserve Program.

Recessed at 5:45; reconvened as a Public Hearing on Conditional Use Permit CU9706 at 6:00 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 Application CU9706 of Tom H. Williams, owner, signed by William L. Meardon, representing S & G Materials of Iowa City, requesting 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.) discussion/action

Kay Hull spoke at length against the application. Marietta Gill and Richard Fishel, spoke regarding the application. William Sueppel, attorney for the applicant, spoke at length for the application. Arleigh Clemens, Raymond Scheetz, and S & G Materials Superintendent Maury Sass spoke for the application. Dwight Tardy spoke against the application.

Johnson County Historic Preservation Commission Interim Chair Kathy Penningroth recommended an archeological evaluation be done prior to excavation of sand. Planning and Zoning Administrator Rick Dvorak said he did require an archeological evaluation and he has received a preliminary finding from the State Archeologist's Office stating there doesn't appear to be many potential historical sites on the proposed conditional use site. He recommended that one condition for the conditional use permit be that if any historically significant sites are found that contractors stop immediately.

Jordahl said the preliminary report indicated potential historic sites have not been found on the proposed conditional use location, but a number of sites located on the other side of the river are on nearly identical landforms.

Dvorak said that in researching the zoning of the property, he made the determination the property for the past 37 years was incorrectly being treated as an A2 zoning, when in fact it actually is zoned A1.

Jordahl said the applicants have tried to reach some compromises to meet the concerns of neighboring property owners, including filling ponds left from prior sand mining. Bolkcom noted the conditional use application was a difficult one because of the concerns about preserving the residential neighborhood, while allowing a fairly aggressive use in terms of the sand mining operation. He supported it because the applicants have done quite a bit to mitigate some of the concerns. Stutsman agreed and noted she also will be watching that conditions will be met. Lacina cited enhancements for the area to be done by the applicant, such as a school bus turnaround, and said there are trade-offs, but everyone worked hard to come up with a workable solution. Duffy said that someday when the sand operation is done there could be a nice park on this site; it is a positive thing.

RESOLUTION 11-13-97-Z2
APPROVING THE CONDITIONAL USE PERMIT FOR SAND AND GRAVEL EXCAVATION

WHEREAS, the owner has filed application CU9706 for approval of a Conditional Use Permit for sand and gravel excavation, 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.

2. That the Chairperson be directed to sign said permit subject to the conditions of appendix A.

Motion by Lacina, second by Duffy, to approve Conditional Use Permit CU9706 subject to: the negotiated terms agreed upon as submitted in writing; the normal hours of operation to be 7 a.m. to 5 p.m.; an on-site archeological evaluation be done by the State Archeologist's Office, and if there are significant archeological artifacts found, operations will stop; and the applicants will slope the banks of the west pond and stabilize the banks with plantings, following the advice of the Natural Resources Conservation Service.

Recessed at 7:22 p.m.; reconvened at 7:32 p.m.; Public Hearing closed at 7:35 p.m.

Convened a Public Hearing on Fringe Area Agreements, Zoning and Platting Applications; and an Amendment to the Johnson County Zoning Ordinance at 7:35 p.m.

Proposed Fringe Area Agreement between the City of Swisher and Johnson County.

Planning and Zoning Administrator Rick Dvorak reviewed the proposed Fringe Area Agreement using a map of the 6 areas designated: Area 1, north of 120th Street to the county line, would stay primarily agricultural. Area 2, which covers a large area south of 120th Street, would have fairly low density development, one house per 10 acres or if clustered, two houses per 10 acres with 75 % outlot. Area 3, which lies 330 feet either side of Highway 965 near the Linn County line, would allow some commercial and residential development. Areas 4, 5, and 6 lie adjacent to the City of Swisher. Area 4 is a future growth area for Swisher and could have lower density 1 acre lots. Area 5 is where Swisher will probably grow and can provide sewer. Area 6 would be left as is because it is the location of the Swisher wastewater plant.

Duffy asked who the author of the Fringe Area Agreement was. Dvorak stated that he, the Johnson County Planning and Zoning Commission, and also the City of Swisher wrote it.

Richard Foss, Ron Campbell, Rick Schropp, Brett Wagner, Bernie Brown, Tony Serbousek, Bill Fisher, Bernard Marak, Jim Wagner, Nancy Brown, Keith Millard, and Larry Marak spoke against the proposed fringe area agreement. Dorance Sheely spoke.

Bolkcom said people want more input into the fringe area agreement and it may be beneficial to be further down the road with the proposed land use plan. Duffy said residences should be built on marginal land. Lacina said the fringe area agreements should promote orderly growth; for example the roads are built so that emergency vehicles have easy access. He said they need flexibility to look at the best use of the ground. Bolkcom said if they start over they need a process where everyone is at the table.

Motion by Duffy, second by Lacina, to deny the Fringe Area Agreement between the City of Swisher, Iowa and Johnson County, Iowa.

Motion by Jordahl, second by Bolkcom, to amend the Johnson County/Iowa City Fringe Area Agreement (Chapter 28E Code of Iowa) as follows: delete the word "Plat" and replace with the new words "Concept Plan" in Fringe Area A Paragraph 1 and Fringe Area C, paragraph 2 Subparagraph 2.

Application Z9729 of Fobian Farms Inc., West Branch, signed by Carl Fobian, requesting rezoning of 2.5 acres from CH Highway Commercial to C2 Commercial of certain property described as being in the NE 1/4 of the NE 1/4 of Section 11; Township 79 North; Range 5 West of the 5th P.M. in Johnson County, Iowa (This property is located in the southwest quadrant of Herbert Hoover Highway NE and Oasis Road NE in Scott Twp.).

Planning and Zoning Administrator Rick Dvorak said a C2 zoning would be more restrictive on commercial uses, but allows building a residence.

Applicant Carl Fobian was present to answer any questions. Bolkcom and Stutsman stated they were voting nay because it wasn't a good place for a residential house.

Motion by Jordahl, second by Duffy, to waive the requirement of three considerations before amending an ordinance and to approve Application Z9729 on first and second consideration. Roll call: aye: Jordahl, Lacina, Duffy: nay: Stutsman, Bolkcom. (This motion constitutes passage on first consideration only due to the lack of three-fourths of the entire Board voting aye.)

Application Z9742 of Richard Rossman, Riverside, requesting rezoning of 5.0 acres from A1 Rural to RS-5 Suburban Residential of certain property described as being in the NE 1/4 of the SW 1/4 of Section 12; Township 77 North; Range 6 West of the 5th P.M. in Johnson County, Iowa (This property is located on the east side of River Junction Road SE, approximately 0.2 of a mile south of Otter Creek Road SE in Fremont Twp.).

Tom Anthony of Landmark Surveying and Engineering was present to answer any questions.

Motion by Lacina, second by Bolkcom, to waive the requirement of three considerations before amending an ordinance and to approve Application Z9742 on first and second consideration. Roll call: aye: Bolkcom, Jordahl, Stutsman, Lacina, Duffy.

Application of Z9743 of Robert Rummelhart, Riverside, signed by Randy Knottnerus, requesting rezoning of 3.5 acres (a 1.95 acre and 1.54 acre parcel) from A1 Rural to RS Suburban Residential of certain property described as being Lot 1 of Rummelhart's 1st Subdivision located in the SW 1/4 of the NW 1/4 of Section 21; Township 78 North; Range 6 West of the 5th P.M. in Johnson County, Iowa (This property is located on the north side of the "Y" intersection of Observatory Avenue SW and Ruppenkamps Road SW in Liberty Twp.).

Bob Michael, attorney for the applicant, was present to answer any questions.

Planning and Zoning Administrator Rick Dvorak said the prior subdivider's agreement restricting additional subdivision of this property was an agreement between private parties and would not impact zoning.

Stutsman said she was abstaining because of previous ownership of the property. Jordahl said he was reluctantly supportive.

Motion by Lacina, second by Duffy, to waive the requirement of three considerations before amending an ordinance and to approve Application Z9743 on first and second consideration. Roll call: aye: Bolkcom, Jordahl, Lacina, Duffy; abstain: Stutsman.

Application S9768 of Robert Rummelhart requesting preliminary and final plat approval of Rummelhart's Second Subdivision (A Resubdivision of Lot 1 of Rummelhart's 1ST Subdivision) a subdivision described as being located in the SW 1/4 of the NW 1/4 of Section 21; Township 78 North; Range 6 West of the 5th P.M. in Johnson County, Iowa (This is a 2-lot, 7.9 acre, residential subdivision, located on the north side of the "Y" intersection of Observatory Avenue SW and Ruppenkamps Road SW in Liberty Twp.).

Bob Michael, attorney for the applicant, was present to answer any questions.

County Attorney Pat White said the Board could relinquish it's right to enforce the prior subdivider's agreement and approve the platting.

Motion by Bolkcom, second by Jordahl, to defer Application S9768 until November 18, 1997. Roll call: aye: Bolkcom, Jordahl, Duffy, Lacina; abstain: Stutsman.

Application Z9744 of William MacKenzie, Iowa City, requesting rezoning of 1.99 acres from A1 Rural to RS Suburban Residential of certain property described as being in the NW 1/4 of Section 9; Township 78 North; Range 6 West of the 5th P.M. in Johnson County, Iowa (This property is located in the southeast quadrant of Dane Road SW and 480th Street SW in Liberty Twp.).

Glen Meisner of MMS Consultants, Inc. was present to answer questions.

Motion by Bolkcom, second by Lacina, to waive the requirement of three considerations before amending an ordinance and to approve Application Z9744 on first and second consideration. Roll call: aye: Bolkcom, Jordahl, Stutsman, Lacina, Duffy.

Application S9761 of William MacKenzie requesting preliminary and final plat approval of Mackenzie Manor, a subdivision described as being located in the NW 1/4 of Section 9; Township 78 North; Range 6 West of the 5th P.M. in Johnson County, Iowa (This is a 2-lot, 28.99 acre, one lot residential and one lot farmstead split, located in the SE quadrant of Dane Road and 480th Street SW intersection in Liberty Twp.).

Motion by Bolkcom , second by Duffy, to defer Application S9761 until November 18, 1997.

Application Z9745 of Arlene Hotz, Iowa City, requesting rezoning of 5.0 acres from A1 Rural to RS-5 Suburban Residential of certain property described as being in the NE 1/4 of the SE 1/4 of Section 18; Township 78 North; Range 5 West of the 5th P.M. in Johnson County, Iowa (This property is located on the west side of Taft Avenue SE, approximately 1/4 of a mile north of its intersection with 520th Street SE in Pleasant Valley Twp.).

Glen Meisner of MMS Consultants, Inc. 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 Z9745 on first and second consideration. Roll call: aye: Bolkcom, Jordahl, Stutsman, Lacina, Duffy.

Application S9754 of Randy and Wanda Johnson, signed by Wanda Johnson, requesting preliminary and final plat approval of Randy and Wanda Subdivision, a subdivision described as being located 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 is a 1-lot, 15.0 acre, residential subdivision, located on the south side of Rohret Road SW, approximately 1/2 mile west of the Rohret Road and Cosgrove Road SW intersection in Hardin Twp.).

Wanda Johnson present to answer any questions.

Johnson County Environmental Health Specialist Hillary Maurer said plugging the cistern on the property, which the applicant agreed to do, is not a requirement.

RESOLUTION 11-13-97-Z3
APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF RANDY AND WANDA'S SUBDIVISION, JOHNSON COUNTY, IOWA.

WHEREAS, the owner has filed application S9754 for approval of a preliminary and final plat of Randy and Wanda'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; Treasurer's Certificate; Consent of Contract Holder; Subdivider's Agreement; Fence Agreement; Resolution Affirming the Stability of the Current Road System

Motion by Lacina, second by Duffy, to approve Resolution 11-13-97-Z3.

Application S9760 of Al Wells requesting final plat approval of Lake Land Subdivision, Part One, a subdivision described as being located in the SE 1/4 of the SE 1/4 of Section 22; and the SW 1/4 of the SW 1/4 of Section 23; all in Township 81 North; Range 6 West of the 5th P.M. in Johnson County, Iowa (This is a 6-lot, 30.76 acre, residential (A2) subdivision, located on the north side of 180th Street NE, approximately 7/8 of a mile west of Solon in Big Grove Twp.).

Motion by Duffy, second by Lacina, to defer Application S9760 until Tuesday November 18, 1997.

Recessed at 9:40 p.m.; reconvened at 9:43 p.m.

Application S9763 of Daryl Hynek requesting preliminary and final plat approval of Tammary Second Subdivision, a subdivision described as being located in a portion of the NE 1/4 of the SE 1/4 of Section 13; Township 81 North; Range 8 West of the 5th P.M. in Johnson County, Iowa (This is a 3-lot, 55.03 acre, residential subdivision, located on the west side of Greencastle Avenue NW, approximately 1/3 of a mile south of Blain Cemetery Road NW in Monroe Twp.).

Daryl Hynek was present to answer any questions.

RESOLUTION 11-13-97-Z4
APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF TAMMARY SECOND, JOHNSON COUNTY, IOWA.

WHEREAS, the owner has filed application S9763 for approval of a preliminary and final plat of Tammary Second, 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 Swisher; Owner Certificate; Title Opinion; Treasurer's Certificate; Consent of Mortgagee; Access Easement for Lot 1; Subdivider's Agreement; 2 Fence Agreements; Driveway Agreement for Lot 2 & 3; Resolution Affirming the Stability of the Current Road System

Motion by Lacina, second by Bolkcom, to approve Resolution 11-13-97-Z4.

Application S9764 of Joe Lawton requesting preliminary and final plat approval of Woolaroo Subdivision, a subdivision described as being located in the NE 1/4 of Section 29; Township 80 North; Range 6 West of the 5th P.M. in Johnson County, Iowa (This is a 3-lot - 2 residential with 1 outlot, 14.53 acre, residential subdivision, located on the west side of North Liberty Road NE, approximately 1/2 of a mile north of Coralville, Iowa in Penn Twp.).

Glen Meisner of MMS Consultants, Inc., representing the applicant, asked for an indefinite deferral.

Motion by Lacina, second by Duffy, to defer Application S9764 indefinitely.

Application S9765 of Jeffrey D. Stoddard, signed by Dell Richard, requesting preliminary and final plat approval of Stoddard's First Addition, a subdivision described as being in the NW 1/4 of the SW 1/4 of Section 26; Township 79 North; Range 6 West of the 5th P.M. in Johnson County, Iowa (This is a 2-lot, 3.481 acre, residential subdivision, located at 4228 and 4236 Harmony Lane SE which is located on the east side of Sand Road SE in East Lucas Twp.).

Dell Richard spoke for the application. Greg Thompson spoke against the application.

RESOLUTION 11-13-97-Z5
APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF STODDARD'S FIRST SUBDIVISION, JOHNSON COUNTY, IOWA.

WHEREAS, the owner has filed application S9765 for approval of a preliminary and final plat of Stoddard'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; Consent of Mortgagee; Fence Agreement; Subdivider's Agreement; Resolution Affirming the Stability of the Current Road System

Motion by Bolkcom, second by Duffy to approve Resolution 11-13-97-Z5.

Application S9766 of Streb and Streb, signed by Al Streb, requesting preliminary and final plat approval of M. L. Subdivision, a subdivision described as being located in the SW 1/4 of the SE 1/4 of Section 24; Township 79 North; Range 6 West of the 5th P.M. in Johnson County, Iowa (This is a 1-lot, 5.0 acre, farmstead split, located on the south side of Highway 6 East, approximately 1/4 of a mile west of Sioux Avenue SE in East Lucas Twp.).

Glen Meisner of MMS Consultants, Inc. was present to answer any questions.

RESOLUTION 11-13-97-Z6
APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF M L SUBDIVISION, JOHNSON COUNTY, IOWA.

WHEREAS, the owner has filed application S9766 for approval of a preliminary and final plat of M L 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; Shared Access Agreement; Subdivider's Agreement; Fence Agreement; Resolution Affirming the Stability of the Current Road System

Motion by Lacina, second by Duffy, to approve Resolution 11-13-97-Z6

Application S9769 of Ron See requesting preliminary and final plat approval of R J Subdivision, a subdivision described as being located in the NW 1/4 of Section 3; Township 81 North; Range 6 West of the 5th P.M. in Johnson County, Iowa (This is a 2-lot - 1 residential lot with 1 outlot, 31.73 acre, residential subdivision, located on the south side of Seven Sisters Road NE, approximately 1/4 of a mile west of Polk Avenue NE in Big Grove Twp.).

Ron See was present to answer any questions.

RESOLUTION 11-13-97-Z7
APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF R J'S SUBDIVISION, JOHNSON COUNTY, IOWA.

WHEREAS, the owner has filed application S9769 for approval of a preliminary and final plat of R J'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; Treasurer's Certificate; Subdivider's Agreement; Consent of Mortgagee; Fence Agreement; Resolution Affirming the Stability of the Current Road System

Motion by Lacina, second by Jordahl, to approve Resolution 11-13-97-Z7.

Application S9770 of Paul Cross requesting preliminary and final plat approval of Cross Ranch (A Resubdivision of the NW 1/4 of the SE 1/4 of 15-81-7 and outlot A of Windwood Farm Subdivision), a subdivision described as being located in the NW 1/4 of the SE 1/4 of Section 15; Township 81 North; Range 7 West of the 5th P.M. in Johnson County, Iowa (This is a 2-lot, 12.939 acre, one lot residential and one lot farmstead split subdivision, located on the southeast side of Curtis Bridge Road NE, approximately 7/8 of a mile south of Sandy Beach Road NE in Jefferson Twp.).

Tom Anthony of Landmark Surveying and Engineering was present to answer any questions.

RESOLUTION 11-13-97-Z8
APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF CROSS RANCH, JOHNSON COUNTY, IOWA.

WHEREAS, the owner has filed application S9770 for approval of a preliminary and final plat of Cross Ranch, 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 Shueyville; Owner Certificate; Title Opinion; Treasurer's Certificate; Consent of Mortgagee; Subdivider's Agreement; Fence Agreement; Resolution Affirming the Stability of the Current Road System

Motion by Lacina, second by Bolkcom, to approve Resolution 11-13-97-Z8.

An amendment to the Johnson County Zoning Ordinance by adding new paragraphs to Chapter 8:1.34, Conditional Use Permits. 8:1.34 (H) 9. Transient enterprises and special events, including but not limited to circuses, rodeos, concerts, carnivals, farm shows, and other such similar events are permitted in the A1 Districts only and are subject to the following supplemental conditions. a. For the establishment of a transient enterprise the event organizer shall apply for a conditional use permit for each such event. The applicant shall include name and address of the person requesting the permit, name and address of the property owner(s), and the estimated number of attendants. No permit shall be issued prior to the submittal of necessary state and federal permits. Approval is subject to annual review by the Johnson County Board of Supervisors, Johnson County Planning and Zoning Administrator, Johnson County Department of Public Health, Johnson County Department of Secondary Roads and the Johnson County Sheriff. 10. Commercial recreation areas, including but not limited to ski runs, both downhill and cross country, race tracks, mini-golf, driving ranges, go-cart tracks, rifle ranges, snowmobile runs, gun clubs, all-terrain vehicle areas and all such similar uses are permitted in the A1 Districts only and are subject to the following supplemental conditions a. For the establishment of a commercial recreation area the applicant shall apply for a conditional use permit for each legally described parcel. The applicant shall include name and address of the property owner (s) and the estimated level of use. Approval is subject to annual review by the Johnson County Board of Supervisors, Johnson County Planning & Zoning Administrator, Johnson County Department of Public Health, Johnson County Department of Secondary Roads and the Johnson County Sheriff. 11. Commercial stables, private and public, riding academies and clubs and other such similar uses are permitted in the A1, A2, A3 and RS Districts only and are subject to the following supplemental condition: a. Activities outside of the ordinary daily operation of such facilities which are likely to draw 50 or more vehicles and/or 100 or more people each day are subject to annual review by both the Planning and Zoning Commission and the Board of Supervisors. The Planning and Zoning Commission review will be held without a public hearing. This review shall require the applicant to indicate the date and expected level of attendance for each such event. 12. Repair and service of agricultural equipment, including automobiles used as agricultural equipment, is permitted in A1 Districts only and are subject to the following supplemental conditions: a. Only residents and members of the immediate family may be employed. b. All outside storage of automobiles and agricultural equipment shall be enclosed in a solid fence six feet in height. No unlicensed autos or trucks may be stored on the property. c. No retail sales of parts, except as accessory parts necessary for repair and service is permitted. 13. The operation of junk yards, defined as "Any area where waste, discarded or salvaged materials are bought, sold, exchanged, baled or packed, disassembled or handled, including the dismantling or "wrecking" of automobiles or other vehicles or machinery, house wrecking yards, used lumber yards and places or yards for storage of salvaged house wrecking and structural steel materials and equipment, but not including areas where such uses are conducted entirely within a completely enclosed building.", including the storage of greater than eight (8) unlicensed cars or trucks, is permitted in M2 Districts only and is subject to the following supplemental conditions. a. For the establishment of a junk yard the applicant shall apply for a conditional use permit for each legally described parcel. the applicant shall include name and address of the property owner (s) and the estimated level of use. No permit shall be issued prior to the submittal of necessary state and federal permits, and any required approval of the Iowa Department of Transportation. Approval is subject to annual review by the Johnson County Board of Supervisors, Johnson County Planning and Zoning Administrator, Johnson County Department of Public Health, Johnson county Department of Secondary Roads and the Johnson County Sheriff. 14. The operation of daycare centers and preschool facilities is permitted in A1 and RS districts only and subject to the following supplemental conditions: a. The applicant shall indicated the name and address of the property owners (s), and the estimated level of use. No permit shall be issued prior to the submittal of necessary state and federal permits. b. The operation of this enterprise shall meet all state and federal guidelines. c. Approval is subject to review by the Johnson County Board of Supervisors, Johnson County Planning and Zoning Administrator, Johnson County Department of Public Health, and Johnson county Department of Secondary Roads. 15. The establishment of parking lots, ramps and other such similar facilities is permitted in A, R and C Districts only and subject to the following supplemental conditions:. For the establishment of a parking lot, or similar such use, the applicant shall apply for a conditional use permit for each legally described parcel. The applicant shall include name and address of the property owner (s) and the estimated level of use. No permit shall be issued prior to the submittal of necessary state and federal permits, and any required approval of the Iowa Department of Transportation. Approval is subject to annual review by the Johnson County Board of Supervisors, Johnson County Planning and Zoning Administrator, Johnson County Department of Public Health, and Johnson County Department of Secondary Roads. 16. Outdoor athletic facilities, including but not limited to soccer, softball and football fields, ball complexes, and all such similar uses are permitted in the A2 and A3 Districts only and are subject to the following supplemental conditions: a. For the establishment of an outdoor athletic facility the applicant shall apply for a conditional use permit for each legally described parcel. The applicant shall include name and address of the property owner(s), proposed land improvements, lighting, parking provisions and the estimated level of use. Approval is subject to annual review by the Johnson County Board of Supervisors, Johnson County Planning & Zoning Administrator, Johnson County Department of Public Health, Johnson County Department of Secondary Roads and the Johnson County Sheriff. b. All entrances shall be made onto a paved Primary or Secondary road. The Board may approve a Conditional Use Permit for such a use which proposes entrances onto a non-paved surface provided that a satisfactory agreement between the County and the developer has been entered into for construction and/or maintenance, or for financial participation in the construction and/or maintenance of the public roadway.

. Tom Woodruff and Byron Ross spoke at length against the amendment. Bob Michael, representing the Johnson County Agricultural Association, spoke about the amendment.

Planning and Zoning Intern Cole Chase said the amendment was written to bring businesses engaged in the activities listed into compliance. Planning and Zoning Administrator Rick Dvorak said there is no public notification for the annual review of a conditional use permit. He said sign requirements may need some attention. County Attorney Pat White said this philosophically would be a significant shift from zoning to use of the conditional use permit.

Duffy felt the amendment was too restrictive. Jordahl gave the example of the rodeo which he said was basically an agricultural use in a residential zone, by the mass 1960 zoning, where there is still significant agricultural use. Bolkcom said there needs to be restriction of conditional use in an RS zone. Stutsman said it would be appropriate to give this some time to address some of the concerns raised and they could have further discussions, possibly in a work session.

Motion by Bolkcom, second by Jordahl, to defer the Amendment to the Johnson County Zoning Ordinance indefinitely. Roll call: aye: Bolkcom, Jordahl, Stutsman, Lacina, Duffy.

Adjourned to informal meeting of November 13, 1997 at 10:50 p.m.

/s/ Sally Stutsman, Chair, Board of Supervisors
Attest: Tom Slockett, Auditor

By Casie Parkins, Recording Secretary