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

DECEMBER 18, 1997

Chairperson Stutsman called the Johnson County Board of Supervisors to order in the Johnson County Administration Building at 9:01 a.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 Jordahl, 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 11, 1997.

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

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.).

ORDINANCE 12-18-97-Z1

Zoning Application Z9746

AN ORDINANCE AMENDING THE JOHNSON COUNTY ZONING ORDINANCE BY CHANGING THE CLASSIFICATION OF CERTAIN PROPERTY FROM A1 TO RS-5

SECTION I. PURPOSE. The purpose of this ordinance is to amend the Johnson County Zoning Ordinance by changing the classification of the real estate described in Section II hereof from A1 to RS-5.

SECTION II. CHANGE IN CLASSIFICATION. The zoning classification of the following described real estate located in West Lucas Township and comprised of approximately 23.0 acres of a 23.0 acre tract to wit:

The East 23 acres of the North 1/2 of the North 1/2 of the Northeast 1/4 of Section 32; Township 79 North; Range 6 West of the 5th P.M. in Johnson County, Iowa.

is hereby changed from A1 to RS-5.

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the Johnson County Zoning Ordinance as pertains to the real estate described in Section II of this ordinance is hereby repealed and amended to reflect the foregoing change in classification.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 All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.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 11, 1997, 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.

Motion by Lacina, second by Duffy, to approve Application Z9746 on final consideration and to approve Ordinance 12-18-97-Z1. 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.).

ORDINANCE 12-18-97-Z2

Zoning Application Z9747

AN ORDINANCE AMENDING THE JOHNSON COUNTY ZONING ORDINANCE BY CHANGING THE CLASSIFICATION OF CERTAIN PROPERTY FROM A1 TO A2

SECTION I. PURPOSE. The purpose of this ordinance is to amend the Johnson County Zoning Ordinance by changing the classification of the real estate described in Section II hereof from A1 to A2.

SECTION II. CHANGE IN CLASSIFICATION. The zoning classification of the following described real estate located in Jefferson Township and comprised of approximately 3.18 acres of a 3.18 acre tract to wit:

Lot 2 of a subdivision of seven and 1/2 acres of 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 recorded in Plat Book 4 at Page 385 of the records of the Johnson County Recorder's Office.

is hereby changed from A1 to A2.

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 11, 1997, 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.

Motion by Duffy, second by Bolkcom, to approve Application Z9747 on final consideration and to approve Ordinance 12-18-97-Z2. 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.).

ORDINANCE 12-18-97-Z3

Zoning Application Z9748

AN ORDINANCE AMENDING THE JOHNSON COUNTY ZONING ORDINANCE BY CHANGING THE CLASSIFICATION OF CERTAIN PROPERTY FROM A1 TO RS

SECTION I. PURPOSE. The purpose of this ordinance is to amend the Johnson County Zoning Ordinance by changing the classification of the real estate described in Section II hereof from A1 to RS.

SECTION II. CHANGE IN CLASSIFICATION. The zoning classification of the following described real estate located in Sharon Township and comprised of approximately 1.25 acres of a 179 acre tract to wit:

Commencing at the Northwest Corner of Section 24; Township 78 North; Range 7 West of the 5th P.M., Johnson County, Iowa; thence North 90§ 00¢ 00" East, 1300.18 feet; thence South 01§ 22¢ 14" West, 959.12 feet to the Point of Beginning; thence continuing South 01§ 22¢ 14" West, 375.42 feet; thence South 89§ 44" 15" West 170.22 feet; thence North 01§ 22¢ 14" East, 261.93 feet; thence North 55§ 44¢ 03" East, 209.36 feet to the Point of Beginning containing 1.25 acres.

is hereby changed from A1 to RS.

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 11, 1997, 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.

Motion by Lacina, second by Jordahl, to approve Application Z9748 on final consideration and to approve Ordinance 12-18-97-Z3. Roll call: aye: Bolkcom, Jordahl, Stutsman, Lacina, Duffy.

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.).

ORDINANCE 12-18-97-Z4

Zoning Application Z9750

AN ORDINANCE AMENDING THE JOHNSON COUNTY ZONING ORDINANCE BY CHANGING THE CLASSIFICATION OF CERTAIN PROPERTY FROM A1 TO RS

SECTION I. PURPOSE. The purpose of this ordinance is to amend the Johnson County Zoning Ordinance by changing the classification of the real estate described in Section II hereof from A1 to RS.

SECTION II. CHANGE IN CLASSIFICATION. The zoning classification of the following described real estate located in Jefferson Township and comprised of approximately 1.99 acres of a 4.77 acre tract to wit:

Commencing at the Northwest Corner of Lot 2 of Duehr's Subdivision to Johnson County, Iowa; thence North 89§ 49¢ 12" East, 191.57 feet to the Point of Beginning; thence North 89§ 49¢ 12" East, 319.80 feet; thence South 00§ 10¢ 48" East, 285.53feet; thence North 83§ 56¢ 11" West, 325.73 feet; thence North 00§ 10¢ 48" West, 250.11 feet to the Point of Beginning, containing 1.99 acres and is subject to easements and restriction of record.

is hereby changed from A1 to RS.

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 11, 1997, 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.

Motion by Lacina, second by Duffy, to approve Application Z9750 on final consideration and to approve Ordinance 12-18-97-Z4. Roll call: aye: Bolkcom, Jordahl, Stutsman, Lacina, Duffy.

Motion by Lacina, second by Bolkcom, to accept the low bid submitted by Aanestad Construction for Johnson County Courthouse, first floor courtroom and office renovations, including alternates 1 and 2, for $107,318.

RESOLUTION 12-18-97-01

ENTERING INTO THE IOWA COUNTY ENGINEERS ASSOCIATION SERVICE BUREAU AGREEMENT

WHEREAS, certain Iowa Counties desire to use the Iowa County Engineers Association Service Bureau for the purpose of administering the TPMS and providing bulletin board services, data interchange, and other similar services; and

WHEREAS, these services would be more efficient and economical if provided jointly rather than individually; and

WHEREAS, the County Engineer recommends that the County enter into this agreement; and

WHEREAS, each County is a public agency with the authority to enter into agreements pursuant to Iowa Code Chapter 28E (1997):

THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF JOHNSON COUNTY that this County does hereby enter into THE SERVICE BUREAU AGREEMENT with other Counties, to form a separate legal entity known as THE SERVICE BUREAU, to provide technical assistance and training regarding data management and other similar services, and the Chairperson of the Board of Supervisors is hereby empowered and directed to execute the SERVICE BUREAU AGREEMENT on behalf of this County.

Motion by Bolkcom, second by Lacina, to approve Resolution 12-18-97-01. Service Bureau dues for the remainder of FY ‘98 are $250.00 and $1,000.00 for FY ‘99.

RESOLUTION 12-18-97-02

ESTABLISHING WEIGHT LIMITS FOR SELECTED BRIDGES

Whereas, the Johnson County Secondary Road Department, following the guidelines of a continuing inspection program, has recently completed said inspection program; and

Whereas, all bridges were inspected, analyzed and rated;

Therefore be it resolved that the Johnson County Board of Supervisors hereby establish the weight limits for the bridges as shown by Bridge Rating Map 1997-1 on file with the County Auditor and the County Engineer is hereby directed to post said bridges accordingly, and which posting shall be legal, valid and enforceable under the provisions of the 1997 Iowa Code. This resolution supersedes any previous resolution pertaining to the posting of these bridges.

Motion by Lacina, second by Bolkcom, to approve Resolution 12-18-97-02.

Motion by Duffy, second by Bolkcom, to appoint Amy Brend to the Johnson County Task Force of the Heritage Area Agency on Aging.

Adjourned to informal meeting of December 16 and 18, 1997 at 9:15 a.m.

/s/ Sally Stutsman, Chair, Board of Supervisors

Attest: Tom Slockett, Auditor

By Casie Parkins, Secretary

These minutes were sent for publication and formal approval on December 23, 1997.