Chairperson Bolkcom called the Johnson County Board of Supervisors to order in the Johnson County Administration Building at 5:38 p.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 Lacina, to approve the claims on the Auditor's Claim Register, as approved by a majority of the Supervisors.

Motion by Stutsman, second by Lacina, to approve the minutes of the formal meeting of October 1, 1998.

Motion by Stutsman, 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 Stutsman, to appoint Larry Pugh to the Senior Center Commission for a term ending December 31, 1999.

Request to amend Ordinance 04-16-98-Z5 and Application Z9809 of Donald Ballard by amending the legal description of property located in Lot 1 of Moore Subdivision located in Section 29; Township 79 North; Range 7 West of the 5th P.M. in Johnson County, Iowa. (This property is located on the north side of Black Diamond Road SW, approximately 1/4 of a mile east of its intersection with Half Moon Avenue SW in Union Twp.)

A portion of Lot 1, Moore Subdivision located in Section 29 and 32; Township 79 North; Range 7 West of the 5th P.M., Johnson County, Iowa, as recorded in Plat Book 36 - Page 164 described as follows: Commencing at the South 1/4 corner of Section 29; Township 79 North; Range 7 West of the 5th P.M., Union Township, Johnson County, Iowa; thence North 90° 00¢ 00" East - 629.70 feet along the south line of said Section 29 to the Point of Beginning of the RS zoning parcel herein described; thence North 04° 22¢ 00" West - 124.00 feet; thence South 90° 00¢ 00" West - 143.20 feet; thence North 00° 18¢ 46" West - 170.00 feet; thence North 90° 00¢ 00" East - 241.68 feet; thence South 00° 00¢ 00" East - 170.00 feet; thence South 90° 00¢ 00" West - 57.44 feet; thence South 04° 22¢ 00" East - 120.59 feet; thence South 05° 23¢ 00" East - 133.03 feet; thence 40.01 feet along a 922 radius curve concave southerly with a central angle of 02° 29¢ 12" and chord of South 83° 15¢ 57" West - 40.01 feet; thence North 05° 23¢ 00" West - 134.33 feet to the Point of Beginning. Said RS zoning parcel contains 1.18

A portion of Lot 1, Moore Subdivision located in Sections 29 and 32, Township 79 North; Range 7 West of the 5th P.M., Johnson County, Iowa, as recorded in Plat Book 36 – Page 164 described as follows: Commencing at the South 1/4 Corner of Section 29; Township 79 North; Range 7 West of the 5th P.M., Union Township, Johnson County, Iowa; thence North 90° 00¢ 00" East – 629.70 feet along the south line of said Section 29 to the Point of Beginning of the RS zoning parcel herein described; thence North 04° 22¢ 00" West – 124.00feet; thence South 90° 00¢ 00" West – 143.20 feet; thence North 00° 18¢ 46" West – 170.00 feet; thence North 90° 00¢ 00" East – 241.68 feet; thence South 00° 00¢ 00" East – 170.00 feet; thence South 90° 00¢ 00" West – 57.44 feet; thence South 04° 22¢ 00" East – 120.59 feet; thence South 05° 23¢ 00" East – 133.03 feet; thence 40.01 feet along a 922 radius curve concave southerly with a central angle of 02° 29¢ 12" and cord of South 83° 15¢ 57" West – 40.01 feet; thence North 05° 23¢ 00" West – 134.33 feet to the Point of Beginning. Said RS zoning parcel contains 1.18 acres.

On September 24, 1998, motion by Lacina, second by Stutsman, to waive the requirement of three considerations before amending an ordinance and to approve the request to amend the legal description of Ordinance 04-16-98-Z5 and Application Z9809 on first and second consideration. Roll call: aye: Stutsman, Bolkcom, Lacina; absent: Jordahl, Duffy. (This motion constitutes passage on first consideration only due to the lack of three-fourths of the entire Board voting aye.)

On October 1, 1998, motion by Lacina, second by Stutsman, to approve the request to amend the legal description of Ordinance 04-16-98-Z5 and Application Z9809 on second consideration. Roll call: aye: Jordahl, Stutsman, Bolkcom, Lacina, Duffy.

Motion by Lacina, second by Stutsman, to approve the request to amend the legal description of Ordinance 04-16-98-Z5 and Application Z9809 on final consideration and to approve Ordinance 10-08-98-Z1. Roll call: aye: Jordahl, Stutsman, Bolkcom, Lacina, Duffy.

Recessed to the informal meeting of October 6 and 8, 1998 at 5:40 p.m.; reconvened at 6:02 p.m. as a Public Hearing on Conditional Use Permit CU9805, Zoning and Platting Applications, and Proposed Amendments to the Code of Ordinances.

Application CU9805 of Mike and Mary Mango, signed by Mike Mango, requesting a Conditional Use Permit to operate an outdoor storage facility on Lots 2 and 3 of Coral Village Estates located in the SE 1/4 of the NE 1/4 of Section 24; Township 81 North; Range 7 West of the 5th P.M. in Johnson County, Iowa (This property is located at 3353 Sandy Beach Road NE which is on the south side of Sandy Beach Road NE, approximately 3/4 of a mile east of the Sandy Beach Road and Lake Manor Road NE intersection in Jefferson Twp.)

Terry Stringer spoke regarding the application. Mike Mango spoke at length for the application.

Assistant Planning and Zoning Administrator R.J. Moore said the proposed use would not meet the requirements of the Ordinance but indicated conditional use permits have previously been approved which don't meet the requirements. County Attorney Pat White said this conditional use would be a violation of the Ordinance because the use would not be confined to buildings and he recommended that it be denied.

Jordahl said he would rather consider the application under the conditional use provision for a recreational vehicle park. Lacina said the home business application would have less impact than the potential impact of a recreational vehicle park and campground conditional use. Stutsman and Bolkcom said they would not support the application because it was in violation of the Ordinance.

Motion by Lacina, second by Duffy, to approve Application CU9805, subject to expiration at the end of 3 years and subject to an annual review to include a review of security issues. Roll call: aye: Duffy, Lacina; nay: Jordahl, Stutsman, Bolkcom.

Motion by Stutsman, second by Bolkcom, to deny Application CU9805. Roll call: aye: Stutsman, Bolkcom; nay: Jordahl, Lacina, Duffy.

Jordahl said that even though he felt the application fit better under a different provision, it meets the spirit of the conditional home use permit provision. Duffy said this area probably has a large number of boats and campers not being stored inside. Bolkcom said not following the Ordinance would send the wrong message to the public.

Whereas, the owner has filed application CU9805 for approval of a Conditional Use Permit for an outdoor storage facility, 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 Jordahl, second by Lacina, to approve Resolution 10-08-98-Z1, subject to a 24 month limitation. Roll call: aye: Jordahl, Duffy, Lacina; nay: Stutsman, Bolkcom.

Application Z9836 of Nellie Donovan, owner, Iowa City, Iowa, signed by Jerry Eyman and Richard Kordick, requesting rezoning of 15.0 acres from A1 Rural to CP-2 Planned Commercial of certain property described as being in the SW 1/4 of Section 5; Township 79 North; Range 5 West of the 5th P.M. in Johnson County, Iowa (This property is located on the north side of Herbert Hoover Highway SE, approximately 1/2 mile east of its intersection with I-80, west of the existing Gateway Development in Scott Twp.)

Jerry Eyman, and Richard Kordick spoke at length for the application. Tom Anthony spoke for the application.

Department of Public Health Environmental Health Specialist Dan Kramer spoke regarding the water and wastewater facilities. County Attorney Pat White noted zoning decisions are made consistent with the Land Use Plan which includes the fringe area agreements.

Bolkcom said he would not support the application because he wanted to see some of the other lots in the area used first. Lacina said in the past there has been criticism of applicants not planning an entire site, this is not an appropriate site for residential development, and it is a good idea to plan for this entire site. Duffy said this is a good use for this land next to the interstate interchange and it is not prime agricultural land.

Motion by Stutsman, second by Lacina, to waive the requirement of three considerations before amending an ordinance and to approve Application Z9836 on first and second consideration. Roll call: aye: Jordahl, Stutsman, Lacina, Duffy; nay: Bolkcom.

Recessed at 7:30 p.m.; reconvened at 7:40 p.m.

Application SP17, signed by Jerry Eyman, requesting approval of a site plan for Lot 2 of Gateway First Addition. This property is located on the north side of Herbert Hoover Highway NE, approximately 1/4 of a mile west of the I-80 and Herbert Hoover Highway intersection in Scott Twp.

Jerry Eyman spoke for the application.

County Attorney Pat White said he was concerned about the absence of a plat for the multiple sites, citing the definition of a subdivision.

Noting the decelleration lanes required for development of the adjoining property which will be at an access point through this site, Bolkcom suggested deferring this site plan until the proposed plat for the applicant's adjoining property is brought to the Board. The applicant agreed to a 90 day deferral.

Motion by Jordahl, second by Stutsman, to defer application SP17 for 90 days.

Application Z9837 of Ray S. Hruby, Oxford, Iowa, requesting rezoning of 3.0 acres from A1 Rural to RS-3 Suburban Residential of certain property described as being in the NW 1/4 of Section 18; Township 80 North; Range 7 West of the 5th P.M. in Johnson County, Iowa (This property is located on the south side of 260th Street NW, approximately 1/4 of a mile west of it's intersection with Greencastle Avenue NW in Madison Twp.)

Ray Hruby spoke at length for the application. John Pratt spoke for the application.

Duffy said this is not prime farm land. Bolkcom and Stutsman said they would be voting against the application to preserve an agricultural neighborhood, noting the Board had approved one lot on a prior occasion. Lacina said it is unfortunate that the Comprehensive Plan did not address preserving farm families and he added that he feels this is an appropriate use for this particular site. Duffy said he would be supporting the application because he was for preserving ag land but not for restricting property owner's rights. Jordahl said in looking at the specifics of this property he would support this application.

Motion by Lacina, second by Duffy, to waive the requirement of three considerations before amending an ordinance and to approve Application Z9837 on first and second consideration. Roll call: aye: Jordahl, Lacina, Duffy; nay: Bolkcom, Stutsman. (This motion constitutes passage on first consideration only due to the lack of three-fourths of the entire Board voting aye.)

Application Z9838 of Mary Evelyn Murphy, North Liberty, Iowa, signed by Carmen Davis, Tiffin, Iowa, requesting rezoning of 9.64 acres from A1 Rural to RS Suburban Residential and RS-3 Suburban Residential (approximately 4 lots) of certain property described as Lot 1 of Pirkl's Second Subdivision located in the NE 1/4 of the NW 1/4 of Section 20; Township 80 North; Range 6 West of the 5th P.M. in Johnson County, Iowa (This property is located on the west side of North Liberty Road NE, approximately 1/4 of a mile south of it's intersection with Dubuque Street NE in Penn Twp.)

Jim Licthy of MMS Consultants, Inc. and Carmen Davis spoke for the application. John Pratt spoke about the application. Linda Dunlap asked a question.

Bolkcom said he wished to see a reduced density for this application.

Motion by Bolkcom, to reduce the number of lots in the application to 2, to waive the requirement of three considerations before amending an ordinance, and to approve Application Z9838 on first and second consideration. (This motion died for lack of a second.)

Motion by Bolkcom, to reduce the number of lots in the application to 3, to waive the requirement of three considerations before amending an ordinance, and to approve Application Z9838 on first and second consideration. (This motion died for lack of a second.)

Motion by Lacina, second by Duffy, to defer Application Z9838 for one week.

Application S9840 of Linda Edge-Dunlap, signed by Tom Anthony of Landmark Surveying and Engineering, requesting preliminary and final plat approval of Austin Heights - Part 2 (A Resubdivision of Austin Heights), a subdivision described as being located in the SE 1/4 of Section 20 and the SW 1/4 of Section 21; all in Township 78 North; Range 6 West of the 5th P.M. in Johnson County, Iowa (This is a 2-lot, 29.512 acre, one residential and one outlot subdivision, located on the north side of 540th Street SW in the NW quadrant of the 540th Street and Observatory Avenue SW intersection in Liberty Twp.)

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

Whereas, the owner has filed application S9840 for approval of a preliminary and final plat of Austin Heights Part –2 (A Resubdivision of Austin Heights), 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; Consent of Mortgagee; Fence Agreement; Resolution Affirming the Stability of the Current Road System

Motion by Stutsman, second by Lacina, to approve Resolution 10-08-98-Z2.

Application S9843 of Marilyn Yutzy, signed by Charlotte Yoder, requesting preliminary and final plat approval of Yutzy 2nd Subdivision, a subdivision described as being located in the SW 1/4 of the NW 1/4 of Section 4; and the SE 1/4 of the NE 1/4 of Section 5; all in Township 78 North; Range 7 West of the 5th P.M. in Johnson County, Iowa (This is a 1-lot, 1.43 acre, farmstead split, located on the south side of 470th Street SW, approximately 1/2 of mile west of the 470th and Gingerich Road SW intersection in Sharon Twp.)

Assistant Planning and Zoning Administrator R.J. Moore reported the applicant has requested a 30 day deferral.

Motion by Lacina, second by Stutsman, to defer Application S9843 for 30 days.

Application S9844 of Scott Tomash requesting preliminary and final plat approval of S & J Tomash First Subdivision, a subdivision located in the SW 1/4 of Section 9; Township 81 North; Range 7 West of the 5th P.M. in Johnson County, Iowa (This is a 3-lot, 16.38 acre, 2 residential and 1 industrial lot, on the east side of Highway 965 NW, approximately 1/4 north of 140th Street NW in Jefferson Twp.)

Attorney for the Applicant Ralph Neuzil was present to answer questions.

Motion by Stutsman, second by Jordahl, to defer Application S9844 for one week.

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.

Johnson County Planning and Zoning Intern Bridget Carbury was present to answer questions. Tom Anthony spoke in support of the amendment.

Motion by Lacina, second by Stutsman, to waive the requirement of three considerations before amending an ordinance and to approve the amendment to Chapter 8:1.22 V 7b of the Code of Ordinances on first and second consideration. Roll call: aye: Jordahl, Stutsman, Bolkcom, Lacina, Duffy.

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.

Motion by Stutsman, second by Duffy, to deny the amendment to Chapter 8:1.22 V 7f of the Code of Ordinances. Roll call: aye: Jordahl, Stutsman, Bolkcom, Lacina, Duffy.

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

County Attorney Pat White offered the following amendment to the proposed amendment to Chapter 8:1.22:X2 to reflect changes in the Code of Iowa: to replace ["public water systems"] with ["a public water supply system"]; and to replace [Chapter 455B.171(17), Iowa Code (1995)] with [Chapter 455B.171(22), Iowa Code (1997)]. White offered the following amendment to the proposed amendment to Chapter 8:1.24.I to change [40 10 50] to [40 feet 10 feet 50 feet].

Motion by Stutsman, second by Duffy, to make the amendments to the amendments proposed by County Attorney White, to waive the requirement of three considerations before amending an ordinance, and to approve the amendment to Chapter 8:1.22:X2, the amendment to Chapter 8:1.9, the amendment to Chapter 8:1.25, and the amendment to Chapter 8:1.24.I of the Code of Ordinances on first and second consideration. Roll call: aye: Jordahl, Stutsman, Bolkcom, Lacina, Duffy.

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.

Johnson County Planning and Zoning Intern Bridget Carbury spoke about the amendment. Lacina suggested the wording be modified to clarify what is meant by turnaround and possibly including terms such as a pull-off.

Motion by Stutsman, second by Lacina, to defer the proposed amendment to Chapter 8:1.22 V 7G for 2 weeks.

Public Hearing closed and meeting adjourned at 9:39 p.m.

________________________________________________________________________

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 October 15, 1998.