Chairperson Bolkcom called the Johnson County Board of Supervisors to order in the Johnson County Administration Building at 5:34 p.m. Members present were: Joseph Bolkcom, Charles Duffy, Stephen Lacina, and Sally Stutsman; Jonathan Jordahl arrived at 5:38 p.m.

Unless otherwise noted, all actions were taken unanimously.

Motion by Lacina, second by Stutsman, to approve the claims on the Auditor's Claim Register, as approved by a majority of the Supervisors. Roll call: aye: Stutsman, Bolkcom, Lacina, Duffy; absent: Jordahl.

Motion by Stutsman, second by Lacina, to approve the minutes of the formal meeting of December 3, 1998. Roll call: aye: Stutsman, Bolkcom, Lacina, Duffy; absent: Jordahl.

Motion by Lacina, second by Stutsman, to approve the payroll authorizations submitted by department heads, as approved by a majority of the Supervisors. Roll call: aye: Roll call: aye: Stutsman, Bolkcom, Lacina, Duffy; absent: Jordahl.

Motion by Duffy, second by Stutsman, to approve and authorize the Chairperson to sign: a New Application for Class C Beer Permit and Application For Sunday Sales Privilege for Swisher Gas-N-Go, Swisher, as submitted by Raelyn Netolicky. Roll call: aye: Stutsman, Bolkcom, Lacina, Duffy; absent: Jordahl.

Motion by Lacina, second by Duffy, to accept and place on file the Treasurer's Semi-annual Settlement of the Board of Supervisors for the period beginning January 1, 1998, and ending June 30, 1998, as submitted by County Treasurer Cletus Redlinger. Roll call: aye: Stutsman, Bolkcom, Lacina, Duffy; absent: Jordahl.

Motion by Duffy, second by Stutsman, to authorize the Auditor to publish a Notice to Bidders setting bid letting date of January 22, 1999 for Johnson County Project L-U-16-1 (reinforced concrete box culvert and approach grading on 640th Street and Utah Avenue in Section 16-77-5). Roll call: aye: Stutsman, Bolkcom, Lacina, Duffy; absent: Jordahl.

Jordahl arrived at 5:38 p.m.

Be It Resolved by the Johnson County Board of Supervisors in session held on December 10, 1998, as follows:

That a public hearing be set for the following application requesting approval of a Conditional Use Permit for a Home Business:

Application CU9807 of Lynelle Mellecker requesting approval of a Conditional Use Permit to operate a Home Business for pet grooming on property described as Lot 1 of Breezy Hill Subdivision, located in SW 1/4 of Section 6; Township 78 North; Range 6 West of the 5th P.M. in Johnson County, Iowa. (This property is located at 4760 Maier Avenue SW, approximately 900' north of 480th Street SW on the east side of Maier Avenue SW in Liberty Twp.).

Now, Therefore, Be It Resolved

That a public hearing be held on the 31st day of December, 1998 at 9:00 a.m. in the Board Room, Johnson County Administration Building, 913 South Dubuque Street, Iowa City, Iowa, on the above applications.

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

Motion by Bolkcom, second by Stutsman, to approve Resolution 12-10-98-Z1.

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.).

Motion by Lacina, second by Stutsman, defer Application Z9842 indefinitely. Roll call: aye: Jordahl, Stutsman, Bolkcom, Lacina, Duffy.

Recessed to Informal Meeting of December 8 and 10, 1998 at 5:43 p.m.; reconvened at 6:01 p.m. as a Public Hearing on Zoning and Platting Applications and a proposed amendment to the Zoning Ordinance.

Application Z9849 of Gayle Kaalberg, West Liberty, Iowa, signed by Kory Kaalberg, Nichols, Iowa, requesting rezoning of 1.99 acres from A1 Rural to RS Suburban Residential of certain property described as being in the SE 1/4 of the NE 1/4 of Section 12; Township 77 North; Range 5 West of the 5th P.M. in Johnson County, Iowa (This property is located on the west side of Johnson-Muscatine Road SE, approximately 3/4 of a mile north of its intersection with 620th Street SE in Fremont 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 Z9849 on first and second consideration. Roll call: aye: Jordahl, Stutsman, Bolkcom, Lacina, Duffy.

Application Z9850 of Timberwood Estates, signed by Larry Marak, Cedar Rapids, Iowa, requesting rezoning of 10.97 acres (2-lots) from A1 Rural to RS-5 Suburban Residential of certain property described as being in the East 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 west side of Seneca Road NW, approximately 1/4 of a mile east of its intersection with Blain Cemetery Road NW in Jefferson Twp.).

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

Jordahl said the Traffic Study indicates, based on traffic count, they are nearing the limits for a rock surface on Seneca Road. Dvorak said the latest traffic count was close to 290 on the collector road, Greencastle Avenue, and they have zoned 2 or 3 more lots in the area since then, with one more pending. Jordahl said they shouldn't increase the density of the housing on this road until they determine whether this is a road to be improved. Duffy said he didn't feel the national standard being used to determine traffic counts was an accurate basis for local decisions. Bolkcom asked if they were going to see a letter of intent regarding the remainder of the applicant's land, which was a condition of the Planning and Zoning Commission's approval. Meisner requested a one week deferral to allow the applicant to file the letter of intent. Jordahl said a letter of intent wouldn't change his position on this application and it would cost $550,000 to make this road hard surfaced. Bolkcom said he shared a cautious approach for this area.

Motion by Stutsman, second by Lacina, to defer Application Z9850 for one week, subject the applicant submitting a letter of intent. Roll call: aye: Jordahl, Stutsman, Bolkcom, Lacina, Duffy.

Application Z9851 of Joanne & Gregory Franklin, Tiffin, Iowa, signed by Greg Franklin, Iowa City, requesting rezoning of 3.00 acres from A1 Rural to RS-3 Suburban Residential of certain property described as Lot 3 of M & T Meade Subdivision located in the SE 1/4 of the SW 1/4 of Section 5; Township 79 North; Range 7 West of the 5th P.M. in Johnson County, Iowa (This property is located in the NE quadrant of the intersection of Half Moon Avenue SW and 360th Street SW in Clear Creek Twp.).

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

Planning and Zoning Administrator Rick Dvorak reported the applicants have asked to amend the application to rezone 1.99 acres to RS.

Motion by Stutsman, second by Lacina, to amend the application to rezone 1.99 acres from A1 Rural to RS and to waive the requirement of three considerations before amending an ordinance and to approve Application Z9851 on first and second consideration. Roll call: aye: Jordahl, Stutsman, Bolkcom, Lacina, Duffy.

Application Z9852 of Ted and Mary Ann Carter, Oxford, Iowa, requesting rezoning of 7.46 acres from CH Highway Commercial and RS Suburban Residential to A1 Rural and RS Suburban Residential of certain property described as being in the North 1/2 of Section 16; Township 80 North; Range 8 West of the 5th P.M. in Johnson County, Iowa (This property is located on the west side of Upper Old Highway #6 NW, approximately 1/4 of a mile north of its intersection with Highway #6 NW in Oxford Twp.).

Jay Sigafoose was present to answer any questions.

Motion by Lacina, second by Stutsman, to waive the requirement of three considerations before amending an ordinance and to approve Application Z9852 on first and second consideration. Roll call: aye: Jordahl, Stutsman, Bolkcom, Lacina, Duffy.

Application S9841 of Gateway Ltd., signed by Jerry Eyman, requesting preliminary and final plat approval of Gateway Second Addition, a subdivision located in the SW 1/4 of Section 5; Township 79 North; Range 5 West of the 5th P.M. in Johnson County, Iowa (This is a 1-lot, 15.0 acre, commercial subdivision, located on the north side of Herbert Hoover Highway SE, approximately 1/2 mile west of the Herbert Hoover Highway and I-80 intersection in Scott Twp.).

Jerry Eyman spoke for the application and requested a deferral of one week. Richard Kordick also spoke for the application.

Assistant Planning and Zoning Administrator R.J. Moore indicated County Attorney Pat White has made 15 comments about a proposal submitted by the applicant for improvements to Herbert Hoover Highway. Moore reported County Engineer Mike Gardner was in agreement with White. Moore said one of the concerns was for the applicant to produce an escrow agreement for construction of acceleration and decelleration lanes, if the Board approves delayed construction.

Lacina favored allowing an escrow agreement, given the lateness in the year and possible bad weather limiting the ability to install the acceleration and deceleration lanes. Bolkcom said he wanted the acceleration and deceleration lanes put in before any building permits are issued. Jordahl said he would like to see a time limitation on building the lanes.

Motion by Lacina, second by Stutsman, defer Application S9841 and continue the public hearing for one week.

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.

Applicant Jerry Eyman requested a deferral of one week.

Motion by Lacina, second by Stutsman, defer Application SP17 and continue the public hearing for one week.

Application S9845 of Suzette Murphy requesting preliminary plat approval of Summers Past (A Resubdivision of Lot 1 of Pirkl's Second), a subdivision described as being 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 is a 5-lot, 9.64 acre, residential subdivision, located on the west side of North Liberty Road NE, approximately 1/4 of mile south of Dubuque Street in Penn Twp.).

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

Whereas, the owner has filed application S9845 for approval of a preliminary plat of Summers Past Addition, 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.

Motion by Lacina, second by Duffy, to approve Resolution 12-10-98-Z2.

Application S9849 of Robert Dvorsky, signed by Tom Anthony of Landmark Surveying and Engineering, requesting preliminary and final plat approval of Timber View Farms Subdivision, a subdivision described as being located in the NW 1/4 of Section 36; Township 81 North; Range 6 West of the 5th P.M. in Johnson County, Iowa (This is a 1-lot, 4.00 acre, residential subdivision, located on the north and east side of Jordan Creek Road NE, approximately 1/4 of a mile south of Racine Avenue NE in Big Grove Twp.).

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

Whereas, the owner has filed application S9849 for approval of a preliminary and final plat of Timber View Farms, 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 Solon; Owner Certificate; Title Opinion; Certificate of the Treasurer; Consent of Mortgagee; Subdivider's Agreement; Fence Agreement; Resolution Affirming the Stability of the Current Road System

Motion by Duffy, second by Stutsman, to approve Resolution 12-10-98-Z3.

Application S9850 of Walter L. Beachy requesting preliminary and final plat approval of Pleasant Acres Subdivision, a subdivision described as being located in the SW 1/4 of Section 28; Township 78 North; Range 8 West of the 5th P.M. in Johnson County, Iowa (This is a 2-lot, 35.00 acre, 1 farmstead split and 1-outlot subdivision, located on the west and south and sides of 550th Street and Calkins Avenue SW intersection in Washington Twp.).

Whereas, the owner has filed application S9850 for approval of a preliminary and final plat of Pleasant Acre Subdivision, 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: Owner Certificate; Title Opinion; Treasurer's Certificate; Letter of Intent (trailer); Fence Agreement; Subdivider's Agreement; Resolution Affirming the Stability of the Current Road System

Motion by Lacina, second by Bolkcom, to approve Resolution 12-10-98-Z4.

Application S9852 of Glen J. Erenberger requesting preliminary and final plat approval of Erenberger Estates, a subdivision described as being located in the NE 1/4 of Section 35; and the SE 1/4 of Section 26; all in Township 81 North; Range 6 West of the 5th P.M. in Johnson County, Iowa (This is a 1-lot, 18.75 acre, residential subdivision, located on the east side of Quincy Road NE and the south side of Jordan Creek Road NE at their intersection in Section 26 of Big Grove Twp.).

Whereas, the owner has filed application S9852 for approval of a preliminary and final plat of Erenberger Estates, 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 Solon; Owner Certificate; Title Opinion; Treasurer's Certificate; Subdivider's Agreement; Letter of Intent (trailer); Fence Agreement; Resolution Affirming the Stability of the Current Road System

Motion by Lacina, second by Duffy, to approve Resolution 12-10-98-Z5.

Application S9854 of Kenneth D. Musser requesting preliminary and final plat approval of Musser Meadows, a subdivision described as being located in the NE 1/4 of Section 23; and the NW 1/4 of 24; all in Township 78 North; Range 6 West of the 5th P.M. in Johnson County, Iowa (This is a 1-lot, 2.00 acre, residential subdivision, located on the west side of Sand Road SE, approximately 1/4 of a mile south of the Sand Road SE and 520th Street SE intersection in Pleasant Valley Twp.).

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

Whereas, the owner has filed application S9854 or approval of a preliminary and final plat of Musser Meadows, 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; Consent of Mortgagee; Subdivider's Agreement; Fence Agreement; Resolution Affirming the Stability of the Current Road System

Motion by Lacina, second by Stutsman, to approve Resolution 12-10-98-Z6.

Application S9855 of Bill Crippen requesting preliminary and final plat approval of Paradise Hills Second Addition (A Resubdivision of Lot 1, Paradise Hills), a subdivision located in the SW 1/4 of Section 5; Township 80 North; Range 6 West of the 5th P.M. in Johnson County, Iowa (This is a 3-lot, 23.28 acre, residential subdivision, located on the east side of Mehaffey Bridge Road NE, approximately 1 1/8 miles north of Penn Street in Penn Twp.).

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

Jordahl asked if it was advisable to have 3 entrances to Mehaffey Bridge Road. Moore said that the existing access will stay and 2 proposed accesses would be turned into a new single access.

Whereas, the owner has filed application S9855 for approval of a preliminary and final plat of Paradise Hills Second Addition, 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 North Liberty; Owner Certificate; Title Opinion; Treasurer's Certificate; Subdivider's Agreement; Building Removal Agreement; Fence Agreement; Shared Access & Maintenance Agreement; Resolution Affirming the Stability of the Current Road System

Motion by Stutsman, second by Lacina, to approve Resolution 12-10-98-Z7.

Application S9857 of Gene Kroeger requesting preliminary plat approval of Stoney Pointe Subdivision, a subdivision located in the NW 1/4 of the Section 21; Township 80 North; Range 6 West of the 5th P.M. in Johnson County, Iowa. (This is a 14 lot (13 residential with 1-outlot), 39.95 acre, 13 residential and 1 outlot subdivision, located on the east side of Dubuque Street NE, approximately 1/4 of a mile south of the Dubuque Street NE and 275th Street NE intersection in Penn Twp.).

Gene Kroeger was present to answer any questions.

Jordahl said this application was a good example of clustering and number of other desirable features.

Whereas, the owner has filed application S9857 for approval of a preliminary plat of Stoney Point Subdivision, 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.

Motion by Lacina, second by Stutsman, to approve Resolution 12-10-98-Z8.

A proposed amendment to the Johnson County Zoning Ordinance, Chapter 8:1.34, Conditional Use Permits 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.

Planning and Zoning Administrator Rick Dvorak said this proposal would modify the ordinance concerning conditional use permits. He noted that 80% of businesses in the United States are home based businesses. He said this proposal may help the Board meet some of the requests brought before them. Stutsman asked if a home business would no longer be confined under a roof. Dvorak said this would address some of the concerns of neighbors about lights and noise with buffering. Bolkcom said this goes too far in not protecting existing neighborhoods. Lacina said this allows an examination of compatibility and also allows buffering. Stutsman shared her concern about allowing a lot of clutter outside. Dvorak said they still have the definition of a home business, noting the restrictions. Lacina suggested an amendment might be made to indicate possible activity would be confined to a dwelling where it's appropriate. Jordahl said one way to address requests for which they have no category might be to expand the classifications of commercial property, but he agreed with Lacina's proposal as one way to refine this. Jordahl said they might have 2 categories of home business, one confined to buildings and one not. Duffy said Iowa is falling behind in home based businesses and he would not favor restricting home based businesses to buildings. Stutsman said they need to be cautious about having this too open-ended and creating negative impacts.

Motion by Lacina, second by Jordahl, to defer consideration of the amendment to the Johnson County Zoning Ordinance, Chapter 8:1.34, Conditional Use Permits until December 17, 1998. Roll call: aye: Jordahl, Stutsman, Bolkcom, Lacina; nay: Duffy.

Public Hearing closed and adjourned to informal meeting of December 8 and 10, 1998 at 7:55 p.m.

/s/Joe Bolkcom, Chair, Board of Supervisors

Attest: Tom Slockett, Auditor

Casie Parkins, Recording Secretary

These minutes were sent for publication and formal approval on December 17, 1998.