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

SEPTEMBER 17, 1998

Chairperson Bolkcom called the Johnson County Board of Supervisors to order in the Johnson County Administration Building at 9:00 a.m. Members present were: Joseph Bolkcom, Charles Duffy, Jonathan Jordahl, Stephen Lacina, and Sally Stutsman.

Unless otherwise noted, all actions were taken unanimously.

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

Motion by Stutsman, second by Duffy, to approve the minutes of the formal meeting of September 10, 1998 and the School Election canvass of votes of September 11, 1998.

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

Motion by Lacina, second by Stutsman, to place on file the Clerk's Report of Fees Collected for the month of August, 1998, in the amount of $2,126.22, as submitted by Clerk of District Court Edward Steinbrech.

Application Z9835 of Cask Farms, an Iowa General Partnership, signed by Kenneth Musser, Hills, Iowa, requesting rezoning of 1.78 acres from A1 Rural to RS Suburban Residential of certain property described as being in the NE 1/4 of Section 23 and the NW 1/4 of Section 24; all in Township 78 North; Range 6 West of the 5th P.M. in Johnson County, Iowa (This property is located on the west side of Sand Road SE, approximately 1/2 mile south of 520th Street SE in Pleasant Valley Twp.)

ORDINANCE 09-17-98-Z1

Zoning Application Z9835

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 Pleasant Valley Township and comprised of approximately 1.78 acres to wit:

Commencing at the Southwest Corner of the Northwest Quarter of Section 24; Township 78 North; Range 6 West of the 5th P.M.; thence North 00° 00¢ 00" East, along the west line of the Northwest Quarter of said Section 24 a distance of 1275.02 feet, to the Point of Beginning; thence South 90° 00¢ 00" West, 144.75 feet; thence North 00° 00¢ 00" East, 295.01 feet; thence North 90° 00¢ 00" East, 253.97 feet, to a point on the westerly Right-of-Way line of the Sand Road SE; thence South 03° 13¢ 07" East, along said westerly Right-of-Way line, 295.47 feet; thence South 90° 00¢ 00" West, 125.98 feet, to the Point of Beginning. Said tract of land contains 1.78 acres, and is subject to easements and restrictions 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 September 10, 1998, motion by Lacina, second by Stutsman, to waive the requirement of three considerations before amending an ordinance and to approve Application Z9835 on first and second consideration. Roll call: aye: Jordahl, Stutsman, Bolkcom, Lacina, Duffy.

Motion by Duffy, second by Stutsman, to approve Application Z9835 on final consideration and to approve Ordinance 09-17-98-Z1. Roll call: aye: Jordahl, Stutsman, Bolkcom, Lacina, Duffy.

RESOLUTION 09-17-98-Z1

SETTING PUBLIC HEARING FOR CONDITIONAL USE PERMIT, PLATTING AND ZONING APPLICATIONS, AND AMENDMENTS TO THE ZONING ORDINANCE

Whereas the Johnson County Planning and Zoning Commission, following a public hearing, on September 14, 1998 filed its report and recommendations for certain actions;

Now, therefore, be it resolved as follows:

A public hearing in accordance with Section 335.6 of the Iowa Code is set for the 8th day of October, 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 and amendments: CU9805 (Mango), Z9836 (Donovan/Eyman), Z9837 (Hruby), Z9838 (Murphy/Davis), S9840 (Edge-Dunlap), S9843 (Yutzy), S9844 (Tomash),

Amendment. Chapter 8:1.22 V 7b, Subdivision Regulations, by adding new language as follows; Dead ends or cul-de-sacs shall be prohibited on all subdivision roads created after January 1, 1999 that are longer than 1000 feet; or service more than 10 lots. In these circumstances a secondary access road that connects to a public/private road shall be required. The traveled portion (road surface) of the cul-de-sac shall be a minimum of at least 70 feet in diameter. At the discretion of the Johnson County Board of Supervisors, an exemption may be granted if the developer/subdivider can demonstrate that there will be adequate access for emergency vehicles,

Amendment. Chapter 8:1.22 V 7f, Subdivision Regulations, Dust Alleviation, by adding a new paragraph, Chapter 8:1.22 V 7f(6), Any subdivision approved after January 1, 1999 that has 4 or more lots shall be required to provide approved dust alleviation to all interior road surfaces. The subdivision's homeowners association is responsible for providing dust alleviation annually.

Amendment. Chapter 8:1.22:X2, Subdivision Regulations by deleting paragraph d and adding a new 8:1.22:X 2d as follows: [At no time shall approval be granted to developments which include lots containing less than 50 percent of the lot area required, unless such a development is in an RS-3, RS-5, RS-10 or RS-20 District. Developments in an RS-3, RS-5, RS-10, or RS-20 District may include lots containing less than 50 percent of the required lots area, but not less than one (1) acre. All systems with fifteen (15) or more connections, or that regularly serve more than twenty-five (25) persons are to be considered "public water systems", as defined by Chapter 455B.171(17), Iowa Code (1995). When a development has less than fifteen (15) service connections or regularly serves less than twenty-five (25) individuals, permitting and monitoring will be in accordance with requirements prescribed by the Johnson County Board of Health.]

Amendment. Chapter 8:1.9, District Use Regulations, by adding a new paragraph D as follows: [8:1.9D RS-20 Suburban Residential District. Permitted Uses: The use of premises in the RS-20 Suburban Residential District shall be the same as those set forth for the RS Suburban Residential District (see 8:1.9). Accessory Uses: Premises in the RS-20 District shall be restricted to those accessory uses permitted in Article 8:1.20].

Amendment. Chapter 8:1.25, Area Regulations to include:

RS-20 100 20 acres 20 acres * *

Amendment. Chapter 8:1.24.I, Yard Regulations by adding

RS-20 40 10 50

Amendment. Chapter 8:1.22 V 7G, Subdivision Regulations, Bus Turnarounds, by adding new paragraphs as follows; Bus Turnarounds, Any subdivision created after January 1, 1999 that has four (4) or more buildable lots shall be required to provide a bus turnaround at the subdivision's intersection with the county road. The bus turnaround shall be constructed adjacent to the county road, within the subdivision's property. The developer/subdivider may, at the discretion of the Johnson County Board of Supervisors, be granted an exemption from this requirement if sufficient obstacles to meeting this requirement are demonstrated.

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

Motion by Lacina, second by Stutsman, to approve Resolution 09-17-98-Z1.

Motion by Lacina, second by Duffy, to approve and authorize the Chairperson to sign contract with Dave Gryp Construction of Victor, Iowa for Johnson County Project MTN-98-1 (guardrail replacement on 200th Street in Section 33-81-6) in the amount of $19,959.50.

Motion by Lacina, second by Stutsman, to appoint Jeffrey E. Rupe, Richard J. Kroeze, Gregory A. Scheid, Wayne Aubrecht, and Orey E. Schwitzer, Jr. as Reserve Deputy Sheriffs (as recommended by Sheriff Carpenter).

Motion by Lacina, second by Stutsman, to accept the proposal for Architectural Services for the Johnson County Jail/Sheriff's Department.

Motion by Jordahl, second by Lacina, to appoint Sally Stutsman and Charles Duffy to the Johnson County SEATS Para-Transit Advisory Committee.

Motion by Lacina, second by Duffy, to appoint Linda Kopping as an ex-officio member to the Johnson County Task Force of the Heritage Area Agency on Aging.

Motion by Jordahl, second by Stutsman, to hold both informal and formal meetings for the week of November 15, 1998 on November 17, 1998.

Motion by Stutsman, second by Jordahl, to cancel the November 24, 1998 and November 26, 1998 informal and formal meetings.

Adjourned to informal meeting of September 15 and 17, 1998 at 9:17 a.m.

/s/Joe Bolkcom, Chair, Board of Supervisors

Attest: Tom Slockett, Auditor

By Casie Parkins, Recording Secretary

These minutes were sent for publication and formal approval on September 24, 1998.