Vice Chairperson Jordahl called the Johnson County Board of Supervisors to order in the Johnson County Administration Building at 9:05 a.m. Members present were: Charles Duffy, Jonathan Jordahl, Stephen Lacina, and Sally Stutsman; absent: Joseph Bolkcom.

Unless otherwise noted, all actions were taken by the following vote; Roll call: aye: Jordahl, Stutsman, Duffy, Lacina; absent: Bolkcom.

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 Stutsman, second by Lacina, to approve the minutes of the formal meeting of October 8, 1998.

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

Motion by Lacina, second by Stutsman, to accept the Recorder's Report of Fees Collected for the month of September, 1998, in the amount of $110,946.68, as submitted by County Recorder Deborah Conger; to place on file the Clerk's Report of Fees Collected for the month of September, 1998, in the amount of $2,951.89 as submitted by Clerk of District Court Edward Steinbrech; and to accept the County Auditor's Quarterly Report of Fees Collected for the quarter ending September 30, 1998, in the amount of $5,059.86 as submitted by County Auditor Tom Slockett.

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 12th day of November 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: Z9839(Johnson), Z9840(Wakefield/Goody), Z9841(Rushek/Randall), Z9842(Lackender), Z9843(Andersen), Z9844(Ashby), Z9845(Netolicky), Z9847(Vincent), Z9848(Dvorsky), S9831(Vincent), S9846(Wakefield/Goody), S9847(Dombroski), S9848(Lackender).

2. 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 10-15-98-Z1.

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.)

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 CP2.

SECTION II. CHANGE IN CLASSIFICATION. The zoning classification of the following described real estate located in Scott Township and comprised of approximately 15.0 acres to wit:

A portion of the SW 1/4 of Section 5; Township 79 North; Range 5 West of the 5th P.M., in Johnson County, Iowa, described as follows: Beginning at a R.O.W. rail found marking the northwest corner of Lot 2 Gateway First Addition (as recorded in Book 37 – Page 326); thence South 00° 20¢ 37" East – 623.00 feet along the west line of said Gateway First Addition to a set 5/8" rebar; thence North 64° 45¢ 54" West – 1155.77 feet to a set 5/8" rebar; thence North 00° 20¢ 37" East – 630.53 feet to a 5/8" rebar set on the southerly R.O.W. of Interstate 80; thence South 64° 25¢ 46" East – 1159.04 feet along said southerly R.O.W. to the Point of Beginning. Said Gateway Second Addition contains 15.00 acres.

is hereby changed from A1to CP2 .

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 October 8, 1998 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.

Motion by Lacina, second by Duffy, to approve Application Z9836 on final consideration and to approve Ordinance 10-15-98-Z1. Roll call: aye: Stutsman, Lacina, Duffy; nay: Jordahl; absent: Bolkcom.

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.)

On October 8, 1998, 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.)

Motion by Lacina, second by Duffy, to approve Application Z9837 on second consideration. Roll call: aye: Jordahl, Lacina, Duffy; nay: Stutsman; absent: Bolkcom.

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.)

Motion by Lacina, second by Duffy, to waive the requirement of three considerations before amending an ordinance and to approve Application Z9838 on first and second consideration. Roll call: aye: Jordahl, Stutsman, Lacina, Duffy; absent: Bolkcom.

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.)

Motion by Stutsman, second by Lacina, to defer application S9844 indefinitely.

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.

On October 8, 1998, 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.

Motion by Lacina, second by Stutsman, to defer the amendment to Chapter 8:1.22 V 7b of the Code of Ordinances for 2 weeks. Roll call: aye: Jordahl, Stutsman, Lacina, Duffy; absent: Bolkcom.

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 a "public water supply systems", as defined by Chapter 455B.171(22), Iowa Code (1997). 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 feet 10 feet 50 feet

SECTION 1. Purpose. The purpose of this ordinance is to further the stated purpose of the zoning ordinance by amending Chapter 8:1.22:X2 2d, Subdivision Regulations, Chapter 8:1.9, District Use Regulations, Chapter 8:1.25, Area Regulations, and Chapter 8:1.24.I, Yard Regulations.

SECTION II. Amendments.

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 "a public water supply system", as defined by Chapter 455B.171(22), Iowa Code (1997). 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 feet 10 feet 50 feet

SECTION III. Repealer. All other ordinances or part of ordinances in conflict with the provisions of this ordinance are repealed.

SECTION IV. Saving 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 V. 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 October 8, 1998, 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.

Motion by Lacina, second by Stutsman, to approve the amendment to Chapter 8:1.22X2, the amendment to Chapter 8:1.9, the amendment to Chapter 8:1.25, and the amendment to Chapter 8:1.24I of the Code of Ordinances on final consideration and to approve Ordinance 10-15-98-Z2. Roll call: aye: Jordahl, Stutsman, Lacina, Duffy; absent: Bolkcom.

Motion by Lacina, second by Stutsman, to approve amendment to the 1997-2000 Social Services Negotiated Agreement.

Adjourned to informal meeting of October 13 and 15, 1998 at 10:06 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 October 22, 1998.