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

NOVEMBER 12, 1998

Chairperson Bolkcom called the Johnson County Board of Supervisors to order in the Johnson County Administration Building at 5:43 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 Lacina, second by Stutsman, to approve and authorize the Chairperson to sign the Employer Service Agreement for Employee Assistance Program with MECCA.

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 Stutsman, second by Lacina, to approve the minutes of the formal meeting of November 5, 1998.

Motion by Lacina, 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 place on file the Clerk's Report of Fees Collected for the month of October, 1998, in the amount of $3,440.56, as submitted by Clerk of District Court Edward Steinbrech.

Request to amend Ordinance 04-17-97-Z1 and Application Z9703 of Irvin and Bob Grout described as being in the SE 1/4 of the SE 1/4 of Section 19; Township 78 North; Range 6 West of the 5th P.M. in Johnson County, Iowa. (This property is located on the west side of Naples Avenue SW, approximately 600 feet south of its intersection with 540th Street SW in Liberty Twp.

ORDINANCE 11-12-98-Z1

Zoning Application Z9703

AMENDING AN 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 Southeast Corner of Section 19; Township 78 North; Range 6 West of the 5th P.M.; thence South 89 degrees 56 minutes 08 seconds West along the south line of the Southeast 1/4 of said Section 19 a distance of 181.59 feet more or less to the Point of Beginning; thence continuing South 89 degrees 56 minutes 08 seconds West along said south line a distance of 207.43 feet more or less; thence North 00 degrees 00 minutes 00 seconds East, a distance of 210.23 feet more or less; thence South 90 degrees 00 minutes 00 seconds East, a distance of 207.43 feet more or less; thence South 00 degrees 00 minutes 00 seconds West, a distance of 210.00 feet more or less to the Point of Beginning, containing 1.00 acre more or less.

And the following legal description is substituted in its place:

Commencing at the Southeast Corner of Section 19; Township 78 North; Range 6 West of the 5th P.M.; thence South 89 degrees 56 minutes 08 seconds West along the south line of the Southeast 1/4 of said Section 19, a distance of 238.16 feet more or less to the Point of Beginning; thence continuing South 89 degrees 56 minutes 08 seconds West along said south line a distance of 207.43 feet more or less; thence North 00 degrees 00 minutes 00 seconds East, a distance of 210.23 feet more or less; thence South 90 degrees 00 minutes 00 seconds East, a distance of 207.43 feet more or less; thence South 00 degrees 00 minutes, 00 seconds West, a distance of 210.00 feet more or less to the Point of Beginning, containing 1.00 acres more or less.

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 November 5, 1998, 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 04-17-97-Z1 and Application Z9703 on first and 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 04-17-97-Z1 and Application Z9703 on final consideration and to approve Ordinance 11-12-98-Z1. Roll call: aye: Jordahl, Stutsman, Bolkcom, Lacina, Duffy.

Amendment. Chapter 8:1.22 V. 7b, Subdivision Regulations, deleting paragraph b and adding a new 8:1.22 V. 7b as follows: Dead-end streets, as such, shall not be permitted. Temporary dead ends may be allowed at the boundary of a subdivision bordering on undeveloped property, provided a temporary cul-de-sac is constructed. Cul-de-sac roads shall provide a turnaround right-of-way diameter of no less than one hundred (100) feet. The traffic surface of the cul-de-sac shall be a minimum of at least seventy (70) feet in diameter (see illustrations A and B). Cul-de-sacs shall be prohibited on all subdivision roads 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. At the discretion of the Board of Supervisors, an exemption may be granted if the developer/subdivider can demonstrate that there will be adequate access for emergency vehicles.

ORDINANCE 11-12-98-Z2

AMENDING THE JOHNSON COUNTY ZONING ORDINANCE BY ENACTING ADDITIONAL PROVISIONS TO CHAPTER 8:1.22 V 7b, SUBDIVISION REGULATIONS, AND BY REPEALING ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH

SECTION 1. Purpose. The purpose of this ordinance is to further the stated purpose of the zoning ordinance by amending Chapter 8:1.22 V 7b, by adding provisions for dead-ends and cul-de-sacs.

SECTION II. Amendments.

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 another county 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 which has jurisdiction over the proposed subdivision, an exemption may be granted if the developer/subdivider can demonstrate that there will be adequate access for emergency vehicles.

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 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.

On October 15, 1998, 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.

On October 29, 1998, motion by Lacina, second by Duffy, to defer the amendment to Chapter 8:1.22 V 7b of the Code of Ordinances until November 5, 1998. Roll call: aye: Jordahl, Bolkcom, Lacina, Duffy; absent: Stutsman.

On November 5, 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, the amendment to Chapter 8:1.22 V.7g, and the amendment to Chapter 8:1.4 18a of the Code of Ordinances on first and second consideration. Roll call: aye: Stutsman, Bolkcom, Lacina, Duffy; nay: Jordahl.

Motion by Lacina, second by Duffy, to approve the amendment to Chapter 8:1.22 V. 7b of the Code of Ordinances on final consideration and to approve Ordinance 11-12-98-Z2. Roll call: aye: Stutsman, Bolkcom, Lacina, Duffy; nay: Jordahl.

Amendment. Chapter 8:1.22 V. 7g, Subdivision Regulations, by adding a new paragraph as follows: Bus Turnarounds or Loading Zones, Any subdivision that has four (4) or more buildable lots may be required to provide a bus turnaround or loading zone at the subdivision's intersection with the county road. The bus turnaround or loading zone, if required, shall be constructed in accordance with any design requirements of the appropriate school district, adjacent to the county road within the subdivision's property.

ORDINANCE 11-12-98-Z3

AMENDING THE JOHNSON COUNTY ZONING ORDINANCE BY ENACTING ADDITIONAL PROVISIONS TO CHAPTER 8:1.22 V 7g, SUBDIVISION REGULATIONS, AND BY REPEALING ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH

SECTION I. Purpose. The purpose of this ordinance is to further the stated purpose of the zoning ordinance by amending Chapter 8:1.22 V 7g, by adding provisions for Bus Turnarounds or Loading Zones.

SECTION II. Amendments.

Amendment. Chapter 8:1.22 V 7g, Subdivision Regulations, Bus Turnarounds or Loading Zones, by adding new paragraphs as follows; Bus Turnarounds or Loading Zones, Any subdivision created after January 1, 1999 that has four (4) or more buildable lots may be required to provide a Bus Turnaround or Loading Zone 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.

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

On October 22, 1998, motion by Stutsman, second by Lacina, to defer the proposed amendment to Chapter 8:1.22 V 7G until November 5, 1998.

On November 5, 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, the amendment to Chapter 8:1.22 V.7g, and the amendment to Chapter 8:1.4 18a of the Code of Ordinances on first and second consideration. Roll call: aye: Stutsman, Bolkcom, Lacina, Duffy; nay: Jordahl.

Motion by Lacina, second by Stutsman, to approve the amendment to Chapter 8:1.22 V.7g of the Code of Ordinances on final consideration and to approve Ordinance 11-12-98-Z3. Roll call: aye: Jordahl, Stutsman, Bolkcom, Lacina, Duffy.

Amendment. Chapter 8:1.4 18a, Definition of Terms, by adding new paragraph, as follows: Bus Turnaround or Loading Zone. A traffic surface off the public right-of-way that is suitable to permit a school bus to pick-up and discharge passengers and return to the county road safely.

ORDINANCE 11-12-98-Z4

AMENDING THE JOHNSON COUNTY ZONING ORDINANCE BY ENACTING ADDITIONAL PROVISIONS TO CHAPTER 8:1.4 18a, DEFINITION OF TERMS, AND BY REPEALING ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH

SECTION I. Purpose. The purpose of this ordinance is to further the stated purpose of the zoning ordinance by amending Chapter 8:1.4 18a, by adding provisions for Bus Turnarounds or Loading Zones.

SECTION II. Amendments.

Amendment. Chapter 8:1.4 18a, Definition of Terms, by adding new paragraphs as follows; Bus Turnarounds or Loading Zones, A traffic surface off the public right-of-way that is suitable to permit a school bus to pick-up and discharge passengers and return to the county road safely.

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 November 5, 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, the amendment to Chapter 8:1.22 V.7g, and the amendment to Chapter 8:1.4 18a of the Code of Ordinances on first and second consideration. Roll call: aye: Stutsman, Bolkcom, Lacina, Duffy; nay: Jordahl.

Motion by Stutsman, second by Lacina, to approve the amendment to Chapter 8:1.4 18a of the Code of Ordinances on final consideration and to approve Ordinance 11-12-98-Z4. Roll call: aye: Jordahl, Stutsman, Bolkcom, Lacina, Duffy.

RESOLUTION 11-12-98-Z1

SETTING PUBLIC HEARING PLATTING AND ZONING APPLICATIONS AND AN AMENDMENT TO THE JOHNSON COUNTY ZONING ORDINANCE

Whereas the Johnson County Planning and Zoning Commission, following a public hearing, on November 9, 1998 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 10th day of December, 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: Z9849 (Kaalberg), Z9850) Timberwood Estates (Z9851 (Franklin), Z9852 (Carter), S9841 (Gateway), S9845 (Murphy), S9849 (Dvorsky), S9850 (Beachy), S9852 (Erenberger), S9854 (Musser), S9855 (Crippen), S9857 (Kroeger), and an amendment to the Johnson County Zoning Ordinance, Chapter 8:1.34, Conditional Use Permit by deleting the following:

4. Home Businesses are permitted in the A and R districts subject to the following supplemental conditions:

a. The home business, its materials, supplies, and products shall occur in and be confined to the dwelling or the permitted accessory building or buildings located on the premises.

[b. There shall be no advertising on the premises other than a small sign not to exceed four (4) square feet in Residential Districts, and a small sign not to exceed six (6) square feet in the Agricultural District.]

[c. No public hearing by the Zoning Commission is required for approval of a home business.]

and add the following:

4. Home Businesses are permitted in the A and R districts subject to the following supplemental conditions:

a. Home business applications compatible with the zone in which they are proposed may be considered on a case-by-case basis, and may be subject to such conditions as are necessary or desirable to assure the health, safety, and welfare of neighboring property owners and the general public.

b. Additional conditions may include, but need not be limited to:

1. hours of operation.

2. noise, light, and dust control provisions.

3. parking space requirements.

4. screening, either in the form of a vegetative buffer, or an opaque fence.

5. additional offset requirements from other neighboring land uses.

c. In no case shall there be advertising on the premises other than a small sign, not to exceed four (4) square feet in Residential Districts, or six (6) square feet in Agricultural Districts.

d. No public hearing is required before the Planning and Zoning Commission.

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 11-12-98-Z1.

Convened a Public Hearing on Zoning and Platting Applications at 6:10 p.m.

Application Z9839 of Donald K. Johnson, Oxford, Iowa, owner, signed by Gary Johnson, Oxford, Iowa, requesting rezoning of 1.94 acres from A-1 Rural to RS Suburban Residential of certain property described as being in the NW 1/4 of Section 29; Township 79 North; Range 7 West of the 5th P.M. in Johnson County, Iowa (This property is located on the west side of Half Moon Avenue SW, approximately 1/2 mile south of its intersection with Rohret Road SW in Union Twp.)

Donald Johnson, Gary Johnson, and Lisa Johnson spoke for the application.

Jordahl said he is voting in favor of the application because the family is farming the land.

Motion by Duffy, second by Stutsman, to waive the requirement of three considerations before amending an ordinance and to approve Application Z9839 on first and second consideration. Roll call: aye: Jordahl, Stutsman, Bolkcom, Lacina, Duffy.

Application Z9840 of Delores P. Wakefield, Johnston, Iowa, signed by Mr. And Mrs. James Goody, Iowa City, Iowa, requesting rezoning of 1.0 acres from A-1 Rural to RS Suburban Residential of certain property described as being in the SW 1/4 of the SE 1/4 of Section 9; Township 78 North; Range 5 West of the 5th P.M. in Johnson County, Iowa (This property is located on the north side of 500th Street SE, approximately 1/2 of mile east of its intersection with Utah Avenue SE in Lincoln Twp.)

Michael Brenneman spoke for the application.

Department of Public Health Environmental Health Specialist Dan Kramer addressed an inquiry about the results of the percolation test.

Motion by Stutsman, second by Jordahl, to waive the requirement of three considerations before amending an ordinance and to approve Application Z9840 on first and second consideration. Roll call: aye: Jordahl, Stutsman, Bolkcom, Lacina, Duffy.

Application Z9841 of Ronald L. Rushek and Raymond J. Randall, Trustee, Solon, Iowa, signed by Ronald Rushek, requesting rezoning of 87 1/2 acres from A-1 Rural to RS Suburban Residential of certain property described as being in the SW 1/4 of Section 19; Township 81 North; Range 5 West of the 5th P.M. in Johnson County, Iowa (This property is located on the north side of 180th Street NE, approximately 1/2 mile east of the city limits of Solon, Iowa in Big Grove and Cedar Twp.)

Ron Rushek spoke at length for the application. Glen Meisner of MMS Consultants, Inc. spoke for the application.

Assistant Planning and Zoning Administrator R.J. Moore said a conditional use permit would cover the commercial use of a golf course clubhouse as an accessory use. He also noted as part of the resolution from the City of Solon the applicant has agreed to signing an agreement for voluntary annexation if residential development goes far enough to the east. Jordahl said this would not include the golf course. Stutsman asked who would be responsible for upgrading the County road to handle increased traffic. Moore said concerns could be addressed during the platting process by an agreement with the applicant for improvements. Duffy noted it was a good road, having a hard surface. Moore said their interpretation of the ordinance was that platting would be required because 4 acres would be added from another parcel. Department of Public Health Environmental Health Specialist Dan Kramer said the centralized wastewater system for the clubhouse and the public well used for irrigation would be regulated by the Iowa Department of Natural Resources. He added that some of the residential lots along 180th Street may require Wisconsin mound wastewater systems. Moore said, if the City of Solon annexes the residential lots before they are able to provide water and sewer, they may allow use of wells and septic systems until they get the infrastructure within a certain distance. Kramer suggested the applicant would need to work with the Iowa Geological Survey regarding water consumption, because the Geological Survey does forecasting and would be more than willing to do so. Bolkcom said he is not interested in approving the application if 800,000 gallons of water per week is withdrawn from the irrigation well, which probably would be tapping the Silurian Acquifer used by many local homeowners. Kramer said the well may go deeper. Jordahl suggested getting a report from the Geological Survey before approving the application.

Motion by Duffy, second by Stutsman, to waive the requirement of three considerations before amending an ordinance and to approve Application Z9841 on first and second consideration. The motion was tabled and the public hearing continued until November 17, 1998.

Application Z9842 of Lackender Farms Inc., signed by Douglas Lackender, Iowa City, Iowa, requesting rezoning of 6.76 acres from A-1 Rural to RS-5 Suburban Residential of certain property described as being in the SW 1/4 of the NE 1/4 of Section 26; Township 78 North; Range 7 West of the 5th P.M. in Johnson County, Iowa (This property is located on the west side of Lackender Avenue SW, approximately 1/4 mile south of Bayertown Road SW in Sharon Twp.)

Michael Brenneman spoke for the application.

Bolkcom suggested this application be deferred until the wastewater system is installed.

Motion by Stutsman, second by Lacina, to defer Application Z9842 for one month. Roll call: aye: Jordahl, Stutsman, Bolkcom, Lacina, Duffy.

Recessed at 6:50 p.m.; reconvened at 6:58 p.m.

Application Z9843 of James P. and Katherine Andersen, Tiffin, Iowa, signed by James P. Anderson, requesting rezoning of 24.23 acres from A-1 Rural to RS and RS-10 Suburban Residential of certain property described as being in the SW 1/4 of Section 33; Township 80 North; Range 7 West of the 5th P.M. in Johnson County, Iowa (This property is located on the north side of 340th Street SW, approximately 1/2 mile west of its intersection with Ireland Avenue SW in Clear Creek Twp.)

Jim and Kathy Anderson spoke at length for the application. Glen Meisner of MMS Consultants, Inc. spoke for the application.

Jordahl said one of the objections voiced by the Planning and Zoning Commission to this application was the problem of taking farm ground out of production and he noted the corn suitability rating of 52. Dvorak said the City of Tiffin had requested a downzoning of the C2 zoning on the property and they were looking into the option of using a conditional use permit instead of keeping the C2 zoning. Jordahl said he supports the rezoning to RS-10 because it appears to be consistent with the Fringe Area Agreement with Tiffin, but not if the adjoining land remains zoned commercial. County Attorney Pat White said the Board of Supervisors could initiate downzoning of the commercial property and the applicant could be permitted to continue as a non-conforming use. Stutsman said, if they are going to consider residential rezoning, it doesn't make sense to continue to have an incompatible commercial use in the middle. Lacina asked the applicants if they were modifying their request to ask for the rezoning from A-1 to RS and RS-10 and request that the C2 zoning be dropped, providing a conditional use permit be granted. Jim Anderson said that is correct. Duffy said when downzoning commercial property they should have a little advice.

Motion by Stutsman, second by Lacina, to defer Application Z9843 and continue the public hearing until January 14, 1999. Roll call: aye: Jordahl, Stutsman, Bolkcom, Lacina; nay: Duffy.

Application Z9844 of Shannon and Peggy Ashby, Swisher, Iowa, requesting rezoning of 1.99 acres from A-1 Rural to RS Suburban Residential of certain property described as being in the SW 1/4 of the NW 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 east side of Greencastle Road NW, approximately 1/2 of a mile south of its intersection with Blain Cemetery Road NW in Jefferson Twp.)

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

Motion by Lacina, second by Duffy, to waive the requirement of three considerations before amending an ordinance and to approve Application Z9844 on first and second consideration. Roll call: aye: Jordahl, Stutsman, Bolkcom, Lacina, Duffy.

Application Z9845 of Raelyn Netolicky, Swisher, Iowa, requesting rezoning of 1.99 acres from A-1 Rural to RS Suburban Residential of certain property described as being in the NE 1/4 of Section 10; Township 81 North; Range 8 West of the 5th P.M. in Johnson County, Iowa (This property is located on the east side of Derby Avenue NW, approximately 1/2 mile south of its intersection with 120th Street NW in Monroe Twp.)

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

Stutsman said she will vote to deny the application because it is prime agricultural land, citing the high corn suitability rating.

Motion by Lacina, second by Duffy, to waive the requirement of three considerations before amending an ordinance and to approve Application Z9845 on first and second consideration. Roll call: aye: Jordahl, Bolkcom, Lacina, Duffy; nay: Stutsman.

Application Z9847 of Steven and Paula Vincent, North Liberty, Iowa, signed by Glen Meisner of MMS Consultants Inc., requesting rezoning of 26.52 acres from RS Suburban Residential to A-1 Rural of certain property described as Lot 3, 5 and 6 of School Commissioner's Subdivision located in the NW 1/4 of Section 16; Township 80 North; Range 6 West of the 5th P.M. in Johnson County, Iowa (This property is located on the north side of Woodfield Lane NE, approximately 1/2 mile from its intersection with 275th Street NE in Penn Twp.)

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

Motion by Lacina, second by Bolkcom, to waive the requirement of three considerations before amending an ordinance and to approve Application Z9847 on first and second consideration. Roll call: aye: Jordahl, Stutsman, Bolkcom, Lacina, Duffy.

Application Z9848 of Robert L. Dvorsky, Solon, Iowa, requesting rezoning of 4.0 acres from A-1 Rural to RS-3 Suburban Residential of certain property described as being in the NW 1/4 of the NW 1/4 of Section 36; Township 81 North; Range 6 West of the 5th P.M. in Johnson County, Iowa (This property is located on the north side of Jordan Creek Road NE, approximately 1/4 of a mile southeast of its intersection with Racine Avenue NE in Big Grove Twp.)

Tom Anthony of Landmark Surveying and Engineering spoke for the application.

Motion by Lacina, second by Duffy, to waive the requirement of three considerations before amending an ordinance and to approve Application Z9848 on first and second consideration. Roll call: aye: Jordahl, Stutsman, Bolkcom, Lacina, Duffy.

Application S9831 of Steven and Paula Vincent, signed by Steven Vincent, requesting preliminary and final plat approval of Vincent View Acres (A Resubdivision of Lots 3, 5, and 6 of the School Commissioners Subdivision and Auditor's Parcel 96112), a subdivision located in the NW 1/4 of Section 16; Township 80 North; Range 6 West of the 5th P.M. in Johnson County, Iowa (This is a 2-lot, one residential with one outlot, 31.52 acre, residential subdivision, located a 1/4 mile north of 275th Street NE on Woodfield Lane NE to a private access to the property in Penn Twp.)

Motion by Lacina, second by Stutsman, to defer Application S9831 until November 17, 1998.

Application S9846 of Delores P. Wakefield, Trust, signed by Mr. and Mrs. James Goody, requesting preliminary and final plat approval of Goody First Subdivision, a subdivision described as being located in the SW 1/4 of the SE 1/4 of Section 9; Township 78 North; Range 5 West of the 5th P.M. in Johnson County, Iowa (This is a 1-lot, 10.00 acre, residential subdivision, located on the north side of 500th Street SE, approximately 1/4 mile east of the 500th Street and Utah Avenue SE intersection in Lincoln Twp.)

Michael Brenneman was present to answer questions.

Motion by Stutsman, second by Lacina, to defer Application S9846 until November 17, 1998.

Application S9847 of Michael Dombroski, signed by Tom Anthony of Landmark Surveying and Engineering, requesting final plat approval of Prairie Meadows – Part 2 (A Resubdivision of Lot 1 Prairie Meadow, Auditors Parcel 98088 and a portion of the NE 1/4 of the SE 1/4 of Section 34-80N-6W), a subdivision described as being located in the NE 1/4 of the SE 1/4 of Section 34; Township 80 North; Range 6 West of the 5th P.M. in Johnson County, Iowa (This is a 11 lot, 7 residential and 4 outlot, 16.52 acre, residential subdivision, located on the east side of Prairie du Chien Road NE, approximately 1/8 of a mile north of Linder Road NE in East Lucas North Twp.)

Tom Anthony of Landmark Surveying and Engineering spoke at length for the application.

Assistant Planning and Zoning Administrator R.J. Moore said Lot 7 has no access until the existing County road is vacated following realignment of Prairie du Chien Road. Jordahl said Lot 7 is the ravine which has been of concern in planning the realignment. When Anthony reported Lot 7 would probably be left in its natural state, Jordahl said that was what he was hoping.

RESOLUTION 11-12-98-Z2

APPROVING THE FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF PRAIRIE MEADOWS, PART 2; JOHNSON COUNTY, IOWA.

Whereas, the owner has filed application S9847 for approval of a final plat of Prairie Meadows, Part 2, 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 Iowa City; Owner Certificate; Title Opinion; Treasurer's Certificate; Subdivider's Agreement; Consent of Mortgagee; R. O. W Easement; Protective Covenants; Acquisition Plat; Resolution Affirming the Stability of the Current Road System

Motion by Duffy, second by Lacina, to approve Resolution 11-12-98-Z2.

Application S9848 of Douglas Lackender requesting preliminary and final plat approval of Lackender Farms Subdivision, Part 2, a subdivision described as being located in the SW 1/4 of the NE 1/4 of Section 26; Township 78 North; Range 7 West of the 5th P.M. in Johnson County, Iowa (This is a 1-lot, 6.76 acre, residential subdivision, located on the west side of Lackender Avenue SW, approximately 1/4 of mile south of Bayertown Road SW in Sharon Twp.)

Motion by Stutsman, second by Jordahl, to defer Application S9848 until January 21, 1999.

Public Hearing closed at 7:50 p.m.

Motion by Stutsman, second by Jordahl, to approve and authorize the Chairperson to sign contracts for right-of-way acquisition for a pre-cast concrete box culvert on Rohret Road in Section 28-79-8 for Johnson County Project L-O-28-2 with the following: Right-of-way contract with Lawrence Joseph Meade, Lisa M. McDonald, Mary D. McDonald, and Susan E. Wilson for $169.29; Right-of-way contract with Robert J. Aubrecht and Laverne Aubrecht for $94.05.

Motion by Duffy, second by Jordahl, to approve and authorize the Chairperson to sign contract and contractor's bond with Iowa Bridge and Culvert, Inc. for bid received for Johnson County Project BROS-52(46)—8J-52 (bridge replacement project on Calkins Avenue SW over Old Man's Creek in Section 33-79-8) for $489,601.62.

Motion by Stutsman, second by Jordahl, to approve and authorize the County Engineer to submit application for TEA-21 funding through East Central Iowa Council of Governments for Sand Road paving project, located between 480th Street and 520th Street for FY 2001.

Motion by Bolkcom, second by Stutsman, to designate Jonathan Jordahl and Sally Stutsman as Johnson County's representatives to the Joint Funding process.

Adjourned to informal meeting of November 10 and 12, 1998 at 7:55 p.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 November 17, 1998.