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

DECEMBER 11, 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 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 December 4, 1997.

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

PROCLAMATION 12-11-97-01
NATIONAL DRUNK AND DRUGGED DRIVING PREVENTION MONTH
DECEMBER, 1997

WHEREAS, motor vehicle crashes kill over 40,000 people and injure three million each year in our country, at a cost to society of some $150 billion annually; and

WHEREAS, alcohol related crashes account for approximately 40 percent of those deaths and injuries; and

WHEREAS, the December holiday season is traditionally one of the most deadly times of the year for alcohol and other drug impaired driving; and

WHEREAS, for many families across our country, the December holidays bring a sober reminder of the loved ones they lost to an impaired driver; and

WHEREAS, community-based programs involving treatment and education, effective laws, and law enforcement have proven to be successful in reducing impaired driving; and

WHEREAS, people from every state are joining together to address impaired driving this December and throughout the upcoming year; and

WHEREAS, the County of Johnson is a committed partner in that effort to make our traveling more safer to work, to school, and to family and special occasions;

NOW, THEREFORE, I, Sally Stutsman, Chairperson, Johnson County Board of Supervisors, do hereby proclaim December, 1997 as National Drunk and Drugged Driving Prevention Month; December 19th as National Lights on for Life Day; and the Weekend of December 19th through the 21st as National Lifesavers' Weekend. I hereby call upon all citizens, government agencies, business leaders, hospitals, schools, and public and private institutions in Johnson County to promote awareness of the impaired driving problems, to support programs and policies to reduce the incidence of impaired driving, to promote safer and healthier behaviors regarding the use of alcohol and other drugs and to provide opportunities for all to participate in taking a stand against impaired driving during this month of December and throughout the year.

Motion by Bolkcom, second by Jordahl, to approve Proclamation 12-11-97-01.

Motion by Lacina, second by Duffy, to place on file the Clerk's Report of Fees Collected for the month of November, 1997, for $2,431.72, as submitted by Clerk of District Court Edward Steinbrech.

Request to amend Ordinance 05-10-84-Z2 and Application Z8410 by amending the legal description of a 1 acre zoning parcel within Lot 1 of MacKenzie's First Addition of Bradford Houser. The parcel is located in the NW 1/4 of the SW 1/4 of Section 20; Township 80 North; Range 6 West of the 5th P.M. in Johnson County, Iowa. (Penn Twp.)

ORDINANCE 12-11-97-Z1
Zoning Application Z8410

AMENDING ORDINANCE BY CHANGING THE LEGAL
DESCRIPTION OF REAL ESTATE.

SECTION I. PURPOSE. The purpose of this ordinance is to amend the Ordinance by changing the legal description of the real estate described in Section II therein.

SECTION II. DELETION AND INSERTION. In ordinance the following legal description is deleted:

Commencing at the Northeast Corner of Lot 1 of MacKenzie's First Addition, Johnson County, Iowa as recorded in Plat Book 18, at Page 32 of the records of the Johnson County Recorder's Office; thence South 00º 09¢ 34" West, along the easterly line of said Lot 1, 156.00 feet; thence North 89º 50¢ 26" West, 45.00 feet; to the Point of Beginning; thence South 00º 09¢ 34" West, 20871 feet; thence North 89º 50¢ 26" West, 208.71 feet; thence North 00º 09¢ 34" East, 208.71 feet; thence South 89º 50¢ 26" East, 208.71 feet, to the Point of Beginning. Said tract of land contains 1.00 acres and is subject to easements and restrictions of record.

And the following legal description is substituted in its place:

Commencing at the Northeast Corner of Lot 1 of MacKenzie's First Addition, Johnson County, Iowa as recorded in Plat Book 18, at Page 32 of the records of the Johnson County Recorder's Office; thence South 00º 09 ¢ 34" West, along the easterly line of said Lot 1, 156.00 feet; thence North 89º 50¢ 26" West, 103.00 feet, to the Point of Beginning; thence South 00º 09¢ 34" West, 208.71 feet; thence North 89º 50¢ 26" West, 208.71 feet; thence North 00º 09¢ 34" East, 208.71 feet; thence South 89º 50¢ 26" East, 208.71 feet, to the Point of Beginning. Said tract of land contains 1.00 acres and is subject to easements and restrictions of record.

SECTION III. DISTRICT MAPS. The portion of the District Maps maintained in accordance with Article V, Section 2 of the Johnson County Zoning Ordinance as pertains to the real estate described in Section II of this ordinance is hereby repealed and amended to reflect the foregoing change in classification.

SECTION IV. REPEALER. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.

SECTION V. 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 VI. 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 December 4, 1997 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 05-10-84-Z2 and Application Z8410 on first and second consideration. Roll call: aye: Bolkcom, Jordahl, Stutsman, Lacina, Duffy.

Motion by Lacina, second by Duffy, to approve the request to amend the legal description of Ordinance 05-10-84-Z2 and Application Z8410 on final consideration and to approve Ordinance 12-11-97-Z1. Roll call: aye: Bolkcom, Jordahl, Stutsman, Lacina, Duffy.

Conditional Use Permit CU9604 of Terrance R. Schropp to operate an auto repair business at 1525 Cou Falls Road NE, Swisher, Iowa. The property is described as being located in the NW 1/4 of the SE 1/4 of Section 17; Township 81 North; Range 7 West of the 5th P.M. in Johnson County, Iowa. (Jefferson Township)

Motion by Lacina, second by Duffy, to reapprove Conditional Use Permit CU9604, subject to annual review.

RESOLUTION 12-11-97-Z1
SETTING PUBLIC HEARING FOR PLATTING AND ZONING APPLICATIONS

WHEREAS the Johnson County Planning and Zoning Commission, following a public hearing, on December 8, 1997 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 8th day of January, 1998 at 6:00 p.m. in the Board Room, Johnson County Administration Building, 913 South Dubuque Street, Iowa City, Iowa, on the following applications: Z9752 (Cy-Hawk), Z9753 (Miller/Haman), Z9754 (Yoder), Z9755 (Tomash), Z9756 (Biermann/Timberwood Estates), S9753 (Anderson/Bender), S9777 (Brannaman), (S9778 (Dodson), S9779 (Lodge), S9781 (Rossman), S9782 (Yoder).

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

Motion by Lacina, second by Bolkcom, to approve Resolution 12-11-97-Z1.

Motion by Lacina, second by Bolkcom, to approve and authorize Chairperson to sign a grant proposal for mapping three county parks.

Motion by Lacina, second by Duffy, to reschedule the formal meeting for the week of December 21, 1997, to be held December 23, 1997; and to reschedule the formal meeting for the week of December 28, 1997, to be held December 30, 1997.

Motion by Lacina, second by Bolkcom, to appoint Kelley Donham and reappoint Diane Joslyn to the Board of Health for terms ending December 31, 2000.

Motion by Lacina, second by Bolkcom, to approve the following appointments and reappointments to the Compensation Commission: in the Owners of City or Town Property category- reappoint Caroline Dieterle, Richard T. Corcoran, Harold Stager, Donna Farber, Marjorie Kemp, and Rufine Anciaux; in the Owners of Farm Property category- reappoint Maynard Hebl, Lucille Seelman, JoAnne Neuzil, Don Sehr, Robert Haman, Betty Sedlacek, and Elmer Hahn; in the Licensed Real Estate Brokers or Sales Persons category- reappoint Richard Brown, W.A. Fotsch, Kenny O'Donnell, Greg Rockow, Myrna Conner, and Orval Yoder, and appoint Philip Fisher, Jr; in the Other Occupations category- J.W. Bill Condon, Jim Martinek, Ardith Brown, Anne Scheetz, William Peters, Helen Hohle, and Joe Gjovig; for terms ending December 31, 1998.

Motion by Bolkcom, second by Jordahl, to appoint Christine Rohret to the Conservation Board for a term ending December 31, 2002. Roll call: aye: Bolkcom, Jordahl, Stutsman, Duffy; nay: Lacina.

Motion by Lacina, second by Bolkcom, to reappoint Richard Fishel and Joan Morgan to the Historic Preservation Commission for terms ending December 31, 2000.

Motion by Lacina, second by Duffy, to reappoint Gretchen Grimm to the Iowa City Riverfront and Natural Areas Commission for terms ending December 31, 2000.

Motion by Lacina, second by Duffy, to reappoint M. Kathryn Wallace to the Senior Center Commission for a term ending December 31, 2000.

Motion by Bolkcom, second by Jordahl, to reappoint Reverend Robert Welsh and Susan Wasson, and appoint Art Vincent to the Social Welfare/Cluster Board for terms ending December 31, 1998.

Motion by Lacina, second by Bolkcom, to reappoint Stephen Radosevich to the Zoning Board of Adjustment for a term ending December 31, 2002.

Motion by Bolkcom, second by Lacina, to reappoint Randy Lackender to the Planning and Zoning Commission for a term ending December 31, 2002.

Motion by Lacina, second by Duffy, to reappoint Kay Wild to the Johnson County/Iowa City Airport Zoning Board of Adjustment for a term ending December 31, 2002.

Recessed at 5:54 p.m.; reconvened at 6:01 p.m. as a Public Hearing on Zoning and Platting Applications.

Application Z9746 of Mark Kennedy requesting rezoning of 23.0 acres from A1 Rural to RS-5 Suburban Residential of certain property described as being the east 23 acres of the North 1/2 of the NE 1/4 of Section 32; Township 79 North; Range 6 West of the 5th P.M. in Johnson County, Iowa (This property is located in the southwest quadrant of Dane Road SW and Osage Street SW in West Lucas Twp.).

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

Lacina asked about concerns regarding access. County Engineer Mike Gardner indicated a preference for access onto Osage Street rather than Dane Road, due to the lower traffic counts. Planning and Zoning Administrator Rick Dvorak said this would be discussed at time of platting.

Motion by Lacina, second by Duffy, to waive the requirement of three considerations before amending an ordinance and to approve Application Z9746 on first and second consideration. Roll call: aye: Bolkcom, Jordahl, Stutsman, Lacina, Duffy.

Application Z9747 of Mildred Bentley, Solon, signed by Janice Bentley, Vinton, requesting rezoning of 3.18 acres from A1 Rural to A2 Resort of certain property described as being in the NE 1/4 of the NW 1/4 of Section 14; Township 81 North; Range 7 West of the 5th P.M. in Johnson County, Iowa (This property is located on the east side of Sandy Beach Road NE, approximately 800 feet south of Deerfield Drive NE in Jefferson Twp.).

Motion by Duffy, second by Lacina, to waive the requirement of three considerations before amending an ordinance and to approve Application Z9747 on first and second consideration. Roll call: aye: Bolkcom, Jordahl, Stutsman, Lacina, Duffy.

Application Z9748 of Lloyd & Ruth Meyer, Riverside, signed by Ronald Meyer, Riverside, requesting rezoning of 1.25 acres from A1 Rural to RS Suburban Residential of certain property described as being in the NW 1/4 of the NW 1/4 of Section 24; Township 78 North; Range 7 West of the 5th P.M. in Johnson County, Iowa (This property is located on the south side of Bayertown Road SW, approximately 1/4 of a mile east of Lackender Avenue SW in Sharon Twp.).

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

Motion by Lacina, second by Stutsman, to waive the requirement of three considerations before amending an ordinance and to approve Application Z9748 on first and second consideration. Roll call: aye: Bolkcom, Jordahl, Stutsman, Lacina, Duffy.

Application Z9749 of Bill and Mary Young, North Liberty, signed by Christopher Anderson, North Liberty, requesting rezoning of 5.00 acres from RS Suburban Residential to CP-2 Planned Commercial of certain property described as being Lot 18 of River Oaks Part II 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 property is located on the east side of Highway 965 NE, approximately 1/2 mile south of Mid River Marina Road NE in Madison Twp.).

Larry Lynch, attorney for the applicants, spoke at length for the application; Bill Young and Christopher Anderson spoke for the application. Charlotte Young and Roger Schultz spoke against the application.

Bolkcom said there is sufficient commercial ground nearby. He said prior discussion indicated agricultural use would serve as a better buffer between residential property and the adjacent petroleum bulk plant, and potential future commercial uses could conflict with the residential uses. Stutsman shared the same concerns. Lacina doubted this parcel would be rezoned agricultural due to its value and he had safety concerns about placing a residence next to the bulk plant. Jordahl said the North Corridor Plan states conflicts should be reduced between commercial-industrial uses and residential uses by creating a buffer when separation of the uses is not feasible. He viewed the proposed use as a buffer, but other commercial uses might not. County Attorney Pat White said there are no guarantees with restrictive covenants regarding future uses. Dvorak asked if the existing subdivider's agreement for River Oaks Part Two, which is an agreement with the County, could be amended to include restrictions on future commercial uses and White said it could be. Duffy spoke for deferment to work out an arrangement to address concerns.

Motion by Bolkcom, second by Stutsman, to deny Application Z9749. Roll call: aye: Bolkcom, Stutsman; nay: Jordahl, Lacina, Duffy.

Motion by Lacina, second by Duffy, to defer Application Z9749 for 60 days. Roll call: aye: Bolkcom, Jordahl, Stutsman, Lacina, Duffy.

Recessed at 7:09 p.m.; reconvened at 7:20 p.m.

Application Z9750 of Charles Kaverman, Swisher, requesting rezoning of 1.99 acres from A1 Rural to RS Suburban Residential of certain property described as being Lot 2 of Duehr's Subdivision located in the NE 1/4 of Section 15; Township 81 North; Range 7 West of the 5th P.M. in Johnson County, Iowa (This property is located on the west side of Curtis Bridge Road NE, approximately 100 feet south of its intersection with Sandy Beach Road NE in Jefferson Twp.).

Glen Meisner of MMS Consultants, Inc. and Charles Kaverman were 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 Z9750 on first and second consideration. Roll call: aye: Bolkcom, Jordahl, Stutsman, Lacina, Duffy.

Application Z9751 of J. Donald Johnson, Swisher, requesting rezoning of 3.98 acres (2 - 1.99 acre parcels) from A1 Rural to RS suburban Residential of certain property described as being in the SW 1/4 of the SE 1/4 of Section 18; Township 81 North; Range 7 West of the 5th P.M. in Johnson County, Iowa (This property is located on the north side of Blain Cemetery Road NW, approximately 3/4 of a mile south of its intersection with Seneca Road NW in Jefferson Twp.).

J. Donald Johnson spoke at length for the application; Sherry Johnson was present to answer questions; Jim Wagner, Ken Johnson, Jerry Nicholls, and Bernard Marak spoke for the application. Joe Novotny and Tom O'Flaherty spoke against the application.

County Engineer Mike Gardner reviewed recent traffic counts on Blain Cemetery Road.

Bolkcom said the issue of the road continues to come up and the additional lots being proposed for the applicants' young children do not make this rezoning an urgent decision. Duffy pointed out that the property is very poor farm ground, citing the low corn suitability rating. Jordahl said there is a question of what density this area would support and how needed improvements in infrastructure would be paid for. Stutsman expressed concern about safety on the road if additional houses are placed along it. Lacina agreed with Duffy's point that this is not prime ag land; he has tried to encourage housing on more marginal ground and save more prime farm land. Lacina also indicated that at platting the County should ask for the donation of right-of-way to improve the road. Bolkcom said costs have not been defined for what needs to be done on the road and time is needed to complete the current study of the road.

Motion by Lacina, second by Duffy, to defer Application Z9751 for 6 months. Roll call: aye: Jordahl, Lacina, Duffy; nay: Bolkcom, Stutsman.

Application S9767 of Willard Dvorsky Estate, signed by Suzanne Summerwill, Iowa State Bank & Trust, requesting preliminary and final plat approval of Willard Dvorsky Estates, a subdivision described as being located in the NW 1/4 of Section 1; Township 80 North; Range 6 West of the 5th P.M. in Johnson County, Iowa (This is a 1-lot, 23.81 acre, farmstead split, located on the east side of Quincy Road NE, approximately 1/3 of a mile south of the Quincy Road NE and Jordan Creek Road NE intersection in Newport Twp.).

Jim Martinek, attorney for the applicants, Rosemary Mason, and Brian Jones spoke for the application. John Novotny, Bill Matthes, and Burl Matthes spoke against the application.

Recessed at 8:20 p.m.; reconvened at 8:21 p.m.

Jordahl said this is a farmstead split which will split off the existing house and maintain the agricultural use of the remainder of the property.

RESOLUTION 12-11-97-Z2
APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF WILLARD DVORSKY ESTATES, JOHNSON COUNTY, IOWA.

WHEREAS, the owner has filed application S9767 for approval of a preliminary and final plat of Willard Dvorsky Estates, 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 Solon; Owner Certificate; Title Opinion; Treasurer's Certificate; Subdivider's Agreement; Fence Agreement; Resolution Affirming the Stability of the Current Road System

Motion by Jordahl, second by Bolkcom, to approve Resolution 12-11-97-Z2.

Application S9771 of Mark Dresselhaus requesting preliminary and final plat approval of Soukup - Dresselhaus Subdivision, a subdivision described as being located in the NE 1/4 of the NW 1/4 of Section 33; Township 78 North; Range 6 West of the 5th P.M. in Johnson County, Iowa (This is a 2-lot, 3.50 acre, residential subdivision, located on the north side of 565th Street SW, approximately 1/4 of a mile west of Highway 218 in Liberty Twp.).

Jay Sigafoose, attorney for the applicant, spoke for the application.

RESOLUTION 12-11-97-Z3
APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF SOUKUP - DRESSELHAUS SUBDIVISION, JOHNSON COUNTY, IOWA.

WHEREAS, the owner has filed application S9771 for approval of a preliminary and final plat of Soukup - Dresselhaus 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; Access Easement Agreement; Fence Agreement; Resolution Affirming the Stability of the Current Road System

Motion by Lacina, second by Duffy, to approve Resolution 12-11-97-Z3.

Application S9772 of Gilbert Hotz requesting preliminary and final plat approval of Gilbert and Judy Hotz Subdivision, a subdivision described as being located in the SE 1/4 of the SW 1/4 and the SW 1/4 of the SE 1/4 of Section 22; Township 77 North; Range 5 West of the 5th P.M. in Johnson County, Iowa (This is a 1-lot, 9.36 acre, farmstead split, located on the north side of 660th Street SE, approximately 3/8 of a mile east of Wapsi Avenue SE in Fremont Twp.).

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

RESOLUTION 12-11-97-Z4
APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF GILBERT AND JUDY HOTZ SUBDIVISION, JOHNSON COUNTY, IOWA.

WHEREAS, the owner has filed application S9772 for approval of a preliminary and final plat of Gilbert and Judy Hotz 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 Lone Tree; Owner Certificate; Title Opinion; Treasurer's Certificate; Fence Agreement; Subdivider's Agreement; Resolution Affirming the Stability of the Current Road System

Motion by Lacina, second by Bolkcom, to approve Resolution 12-11-97-Z4.

Application S9773 of Rochus Knebel requesting preliminary and final plat approval of Knebel's Oakcrest Subdivision, a subdivision described as being located in the NE 1/4 of Section 33; Township 78 North; Range 6 West of the 5th P.M. in Johnson County, Iowa (This is a 3-lot, 17.34 acre, residential subdivision, located on the west side of Oakcrest Hill Road SE just south of 565th Street SE in Liberty Twp.).

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

RESOLUTION 12-11-97-Z5
APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF KNEBEL'S OAKCREST SUBDIVISION, JOHNSON COUNTY, IOWA.

WHEREAS, the owner has filed application S9773 for approval of a preliminary and final plat of Knebel's Oakcrest 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 Hills; Owner Certificate; Title Opinion; Treasurer's Certificate; Subdivider's Agreement; Fence Agreement; Resolution Affirming the Stability of the Current Road System; Access Easement & Maintenance Agreement

Motion by Lacina, second by Bolkcom, to approve Resolution 12-11-97-Z5.

Application S9775 of John Schneider requesting final plat approval of A Replat of Forest Ridge Subdivision, Part Two, a subdivision described as being located in the NW 1/4 of Section 34; Township 80 North; Range 7 West of the 5th P.M. in Johnson County, Iowa (This is a 34-lot (32 residential with 2 outlots), 59.09 acre, residential subdivision, located on the west side of Jasper Avenue NW, on the north side of I-80 in Clear Creek Twp.).

John Schneider was present to answer questions.

RESOLUTION 12-11-97-Z6
APPROVING THE FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF A REPLAT OF FOREST RIDGE SUBDIVISION, PART TWO, JOHNSON COUNTY, IOWA.

WHEREAS, the owner has filed application S9775 for approval of a final plat of A Replat of Forest Ridge Subdivision, Part Two, 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 Tiffin; Owner Certificate; Title Opinion; Treasurer's Certificate; Consent of Mortgagee; Dust Control Agreement; Subdivider's Agreement; Fence Agreement; Soil Erosion & Sediment Control Plan; Resolution Affirming the Stability of the Current Road System

Motion by Lacina, second by Duffy, to approve Resolution 12-11-97-Z6. Roll call: aye: Bolkcom, Stutsman, Lacina, Duffy; abstain: Jordahl.

Application S9776 of Joe Leonard, signed by Mrs. Joe Leonard, requesting preliminary and final plat approval of Joe & Irene Leonard's Subdivision, a subdivision described as being located in the NE 1/4 of the NW 1/4 of Section 19; Township 81 North; Range 5 West of the 5th P.M. in Johnson County, Iowa (This is a 2-lot (1 farmstead and 1 outlot), 30.41 acre, farmstead split, located on the south side of Sutliff Road NE, approximately 1/2 mile west of Taft Avenue NE in Cedar Twp.).

RESOLUTION 12-11-97-Z7
APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF JOE & IRENE LEONARD'S SUBDIVISION, JOHNSON COUNTY, IOWA.

WHEREAS, the owner has filed application S9776 for approval of a preliminary and final plat of Joe & Irene Leonard'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: Approval of Solon; Owner Certificate; Title Opinion; Treasurer's Certificate; Subdivider's Agreement; Covenants for Solon; Fence Agreement; Resolution Affirming the Stability of the Current Road System

Motion by Duffy, second by Lacina, to approve Resolution 12-11-97-Z7.

Public Hearing closed and adjourned to informal meeting of December 9 and 11, 1997 at 8:45 p.m.

/s/ Sally Stutsman, Chair, Board of Supervisors

Attest: Tom Slockett, Auditor

By Courtney Bork, Recording Secretary