Chairperson Jordahl called the Johnson County Board of Supervisors to order in the Johnson County Administration Building at 5:35 p.m. Members present were: Charles Duffy, Jonathan Jordahl, Mike Lehman, and Sally Stutsman.

Unless otherwise noted, all actions were taken unanimously.

Motion by Stutsman, 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 Lehman, to approve the minutes of the formal meeting of January 7, 1999.

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

Motion by Stutsman, second by Duffy, to accept the County Auditor's Quarterly Report of Fees Collected for the quarter ending December 31, 1998, in the amount of $2,632.07, as submitted by County Auditor Tom Slockett.

RESOLUTION 01-14-99-Z1

Whereas the Johnson County Planning and Zoning Commission, following a public hearing, on January 11, 1999 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 11th day of February, 1999 at 6:00 p.m. in the Board Room, Johnson County Administration Building, 913 South Dubuque Street, Iowa City, Iowa, on the following applications: Z9858 (Sedlacek/Allen), Z9859 (Reindl), Z9860 (Kidd), Z9861 (Poula), S9858 (McCabe), S9843A (Yutzy/Yoder), S9863 (Ashby), S9864 (Murphy/Davis), S9865 (Johnson), S9866 (Miller/Schmidt), S9867 (Kaalberg), S9869 (Andersen).

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

Motion by Stutsman, second by Lehman, to approve Resolution 01-14-99-Z1.

Recessed at 5:50 p.m.; reconvened as a Public Hearing on Conditional Use Permit, Zoning and Platting applications, and proposed Amendment to the Code of Ordinances at 6:00 p.m.

Application CU9806 of Ronald Rushek requesting a Conditional Use Permit to operate a Golf Course on certain property described as being located in the SW 1/4 of Section 19; Township 81 North; Range 5 West and the SE 1/4 of Section 24; Township 81 North; Range 6 West of the 5th P.M. in Johnson County, Iowa (This is a 87 acre parcel located on the north side of 180th Street NE, approximately 1/2 mile east of Solon, Iowa in Cedar and Big Grove Twp.).

Ronald Rushek spoke for the application.

Whereas, the owner has filed application CU9806 for approval of a Conditional Use Permit to operate a golf course and driving range, 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

Motion by Duffy, second by Stutsman, to approve Resolution 01-14-99-Z2.

Application Z9821 of Dale Marner, Kalona, 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 Section 27; Township 78 North; Range 8 West of the 5th P.M. in Johnson County, Iowa (This property is located on the west side of Eagle Avenue SW, approximately 191 feet north of its intersection with 560th Street SW in Washington Twp.).

Planning and Zoning Administrator Rick Dvorak read a letter into the record from Neal Bontrager in opposition to the application. Glen Meisner of MMS Consultants, Inc. spoke for the application and asked to continue the public hearing.

Motion by Duffy, second by Stutsman, to continue the public hearing on Application Z9821 until January 28, 1999. Roll call: aye: Lehman, Stutsman, Jordahl, Duffy.

Application Z9831 of Gerald Milder, Iowa City, Iowa, requesting rezoning of 2 - 1.0 acres from A1 Rural to RS Suburban Residential of certain property described as being the West 1/2 of Section 17; Township 79 North; Range 5 West of the 5th P.M. in Johnson County, Iowa (This property is located on the north side of American Legion Road SE, approximately 1/2 mile east of its intersection with Taft Avenue SE in Scott Twp.).

Glen Meisner of MMS Consultants, Inc. spoke for the application and asked to continue the public hearing.

Jordahl and Stutsman expressed their interest in discussing this application as it relates to the fringe area agreement with representatives of the City of Iowa City prior to a continuation of the public hearing.

Motion by Stutsman, second by Lehman, to continue the public hearing on Application Z9831 until January 28, 1999. Roll call: aye: Lehman, Stutsman, Jordahl, Duffy.

Application Z9846 of Stephen Wildman, Tipton, 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 the SW 1/4 of Section 12; Township 80 North; Range 5 West of the 5th P.M. in Johnson County, Iowa (This property is located on the east side of Oasis Road NE, approximately 1/4 of a mile south of the Oasis Road NE and 250th Street NE intersection in Graham Twp.).

Stutsman said she does not have a problem with this application because it is for replacement of an existing residence.

Motion by Duffy, second by Stutsman, to waive the requirement of three considerations before amending an ordinance and to approve Application Z9846 on first and second consideration. Roll call: aye: Lehman, Stutsman, Jordahl, Duffy.

Application Z9853 of Burdette and Alice Millard, Port Arthur, Texas, signed by Glen Meisner of MMS Consultants Inc., requesting rezoning of 8.89 acres from A1 Rural to RS and RS-3 Suburban Residential of certain property described as Lot C of Millard Third Subdivision, located in the NW 1/4 of the NW 1/4 of Section 16; Township 81 North; Range 7 West of the 5th P.M. in Johnson County, Iowa (This property is located on the south side of 140th Street NW, at its intersection with 140th Street NW and Highway 965 NW in Jefferson Twp.).

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

Planning and Zoning Administrator Rick Dvorak said new residents on this property would be asked to participate in a homeowners association contract to maintain the seal coating on the County road.

Motion by Duffy, second by Stutsman, to waive the requirement of three considerations before amending an ordinance and to approve Application Z9853 on first and second consideration. Roll call: aye: Lehman, Stutsman, Jordahl, Duffy.

Application Z9854 of Francis Schneider, Oxford, Iowa, requesting rezoning of .60 acres from A1 Rural to RS Suburban Residential of certain property described as being in the NW 1/4 of the NW 1/4 of Section 24; Township 79 North; Range 8 West of the 5th P.M. in Johnson County, Iowa (This property is located on the north side of 400th Street SW, 412 feet east of its intersection with Cosgrove Road SW in Hardin Twp.).

Ralph Neuzil spoke for the application.

Motion by Stutsman, second by Lehman, to waive the requirement of three considerations before amending an ordinance and to approve Application Z9854 on first and second consideration. Roll call: aye: Lehman, Stutsman, Jordahl, Duffy.

Application Z9855 of Emery and Helen Kleinschmidt, Kalona, Iowa, requesting rezoning of 1.159 acres from A1 Rural to RS Suburban Residential of certain property described as being in the W 1/2 of the SE 1/4 of Section 6; Township 78 North; Range 7 West of the 5th P.M. in Johnson County, Iowa (This property is located on the north and south side of Highway #1 SW, 1/2 mile south of the Hazelwood Avenue SW and Highway #1 intersection in Sharon Twp.).

Bob Michael was present to answer any questions.

Motion by Duffy, second by Stutsman, to waive the requirement of three considerations before amending an ordinance and to approve Application Z9855 on first and second consideration. Roll call: aye: Lehman, Stutsman, Jordahl, Duffy.

Application Z9856 of Gerald and Kathleen Stockman, Oxford, 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 Section 7; Township 79 North; Range 8 West of the 5th P.M. in Johnson County, Iowa (This property is located on the north side of IWV Road SW, approximately 674 feet west of its intersection with Baxter Avenue SW in Hardin Twp.).

Ralph Neuzil spoke for the application.

Stutsman expressed her appreciation of the applicants' plans to preserve some of the environmental features of the property and noted County plans to hard surface the road.

Motion by Duffy, second by Stutsman, to waive the requirement of three considerations before amending an ordinance and to approve Application Z9856 on first and second consideration. Roll call: aye: Lehman, Stutsman, Jordahl, Duffy.

Application Z9857 of James and Katherine Andersen requesting rezoning of 1.19 acres from C-2 Commercial to A1 Rural of certain property described as being in the SW 1/4 of 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 3/4 of a mile west of its intersection with Ireland Avenue SW in Clear Creek Twp.).

James Andersen spoke for the application.

Planning and Zoning Administrator Rick Dvorak noted this application to down-zone from C-2 to A1 and the pending application for a conditional use permit comply with a request made by the City of Tiffin during the review of a separate residential rezoning.

Motion by Duffy, second by Stutsman, to waive the requirement of three considerations before amending an ordinance and to approve Application Z9857 on first and second consideration. Roll call: aye: Lehman, Stutsman, Jordahl, Duffy.

Recessed Public Hearing on Conditional Use Permit, Zoning and Platting applications, and proposed Amendment to the Code of Ordinances at 7:12 p.m.; reconvened the Public Hearing of November 12, 1998 on Application Z9843 at 7:12 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.).

James Andersen and Glen Meisner spoke for the application.

Planning and Zoning Administrator Rick Dvorak noted this application would be in compliance with the Tiffin Fringe Area Agreement for low density residential development.

Motion by Stutsman, second by Lehman, to waive the requirement of three considerations before amending an ordinance and to approve Application Z9843 on first and second consideration. Roll call: aye: Lehman, Stutsman, Jordahl, Duffy.

Public Hearing closed at 7:15 p.m.; convened Public Hearing on Conditional Use Permit CU9808 at 7:15 p.m.

Application CU9808 of James P. and Katherine S. Andersen, signed by James P. Andersen requesting a Conditional Use Permit to operate a home business in the SW 1/4 of the SW 1/4 of Section 33: Township 80 North; Range 7 West of the 5th P.M. in Johnson County, Iowa (This parcel is located on the north side of 340th Street SW, approximately 1/2 mile west of its intersection with Ireland Avenue in Clear Creek Twp.).

James Andersen spoke for the application.

Motion by Duffy, second by Stutsman, to continue the public hearing on Application CU9808 until January 28, 1999.

Public Hearing closed and meeting recessed at 7:20 p.m.; reconvened the meeting and the Public Hearing on Conditional Use Permit, Zoning and Platting applications, and proposed Amendment to the Code of Ordinances at 7:35 p.m.

Application S9851 of Brian Wildman requesting preliminary and final plat approval of Wildman Subdivision, a subdivision located in the NW 1/4 of the SW 1/4 of Section 12; Township 80 North; Range 5 West of the 5th P.M. in Johnson County, Iowa (This is a 1-lot, 4.45 acre, residential subdivision, located on the east side of Oasis Road NE, approximately 1/4 of a mile south of the Oasis Road NE and 250th Street NE intersection in Graham Twp.).

Motion by Stutsman, second by Duffy, to defer Application S9851 until January 28, 1999.

Application S9853 of Francis A. & Marcella Schneider, signed by Glen Meisner of MMS Consultants Inc., requesting final plat approval of McGillin Subdivision, a subdivision located in the NW 1/4 of the NW 1/4 of Section 24; Township 79 North; Range 8 West of the 5th P.M. in Johnson County, Iowa (This is a 4-lot, 4.20 acre, 2-lot residential and 2-lot farmstead split subdivision, located on the north side of 400th Street SW, approximately 1/8 of a mile east of the 400th Street SW and Cosgrove Road SW intersection in Hardin Twp.).

Ralph Neuzil spoke for the application.

Motion by Stutsman, second by Lehman, to defer Application S9853 until January 28, 1999.

Application S9856 of Mary Ann Carter requesting preliminary and final plat approval of Sara Hope Subdivision, a subdivision described as being located in the SW 1/4 of the NE 1/4 of Section 16; Township 80 North; Range 8 West of the 5th P.M. in Johnson County, Iowa (This is a 2-lot, 10.24 acre, residential subdivision, located on the west side of Upper Old Highway #6 NW, approximately 1/8 of a mile north of the Highway #6 NW and Upper Old Highway #6 NW intersection in Oxford Twp.).

Jay Sigafoose spoke for the application.

Stutsman said she is supporting the application because it is on a hard surface road, reduces the number of lots, and down-zoned from commercial to residential.

Whereas, the owner has filed application S9856 for approval of a preliminary and final plat of Sara Hope 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: Approval of Oxford; Owner Certificate; Title Opinion; Certificate of the Treasurer; Consent of Mortgagee; 2 Fence Agreements; Subdivider's Agreement; Resolution Affirming the Stability of the Current Road System

Motion by Stutsman, second by Duffy, to approve Resolution 01-14-99-Z3.

Application S9859 of Ray Hruby requesting preliminary and final plat approval of Hilltop View Subdivision, a subdivision described as being located in the NW 1/4 of Section 18; Township 80 North; Range 7 West of the 5th P.M. in Johnson County, Iowa (This is a 1-lot, 3.26 acre, residential subdivision, located on the south side of 260th Street NW, approximately 1/4 of a mile west of the Greencastle Avenue NW and 260th Street NW intersection in Madison Twp.).

Ray Hruby spoke for the application.

Jordahl said the application fits in the new Comprehensive Land Use Plan as a site which is suitably separated or buffered from incompatible uses.

Whereas, the owner has filed application S9859 for approval of a preliminary and final plat of Hilltop View 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; Certificate of the Treasurer; 2 Consent of Mortgagees; Access Easement; Fence Agreement; Subdivider's Agreement; Resolution Affirming the Stability of the Current Road System

Motion by Stutsman, second by Duffy, to approve Resolution 01-14-99-Z4.

Application S9860 of Emery Kleinschmidt, signed by Tom Anthony of Landmark Surveying and Engineering, requesting preliminary and final plat approval of Kleinschmidt First Addition, a subdivision described as being located in the SE 1/4 of Section 6; Township 78 North; Range 7 West of the 5th P.M. IN Johnson County, Iowa (This is a 3-lot, 17.910 acre, 1 residential, 1 farmstead split and 1 outlot subdivision, located on the north and south side of Highway #1 SW, 1/2 mile south of the Hazelwood Avenue SW and Highway #1 intersection in Sharon Twp.).

Tom Anthony of Landmark Surveying and Engineering and Bob Michael were present to answer questions.

Motion by Duffy, second by Lehman, to defer Application S9860 until January 28, 1999.

Application S9861 of Lyle Ludvicek, signed by Tom Anthony of Landmark Surveying and Engineering, requesting preliminary and final plat approval of Ludvicek Farmstead, a subdivision described as being located in the NW 1/4 of the SW 1/4 of Section 22; Township 81 North; Range 8 West of the 5th P.M. in Johnson County, Iowa (This is a 3-lot, 40.70 acre, 2-lot farmstead split with one outlot subdivision, located on the east side of Derby Avenue NW, approximately one mile south of its intersection with Plotz Road NW in Monroe Twp.).

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

Whereas, the owner has filed application S9861 for approval of a preliminary and final plat of Ludvicek Farmstead, 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; Certificate of the Treasurer; Subdivider's Agreement; 2 Fence Agreements; Well & Water Service Maintenance Agreement; Resolution Affirming the Stability of the Current Road System

Motion by Duffy, second by Lehman, to approve Resolution 01-14-99-Z5.

Application S9862 of Willis and Lois Miller, signed by Michael Brenneman, requesting preliminary and final plat approval of Lois Subdivision, a subdivision described as being located in the SE 1/4 of Section 18; Township 78 North; Range 8 West of the 5th P.M. in Johnson County, Iowa (This is a 1-lot, 3.26 acre, farmstead split, located on the north side of 520th Street SW, approximately 1/4 of a mile west of its intersection with Black Hawk Avenue SW in Washington Twp.).

Michael Brenneman was present to answer questions.

Whereas, the owner has filed application S9862 for approval of a preliminary and final plat of Lois 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; Certificate of the Treasurer; Fence Agreement; Subdivider's Agreement; Resolution Affirming the Stability of the Current Road System

Motion by Duffy, second by Stutsman, to approve Resolution 01-14-99-Z6.

Amendment to the Johnson County Zoning Ordinance, District Use Regulations, by adding a new paragraph 8:1.16C, as follows: 8:1.16C CH-F Commercial Highway – Fairgrounds. Premises in the CH-F Commercial Highway/Fairgrounds District shall be used for the following purposes only: Fairgrounds. Single Family dwelling(s) for an on-site management and families. An amendment to Chapter 8:1.4, Definition of Terms as follows: Fairgrounds. An area of land used for traditional county fairs, exhibitions, and shows including but not limited to: Agricultural related office buildings, Animal shows and judging, Carnivals, Circuses, Community meeting or recreational buildings and uses, Concerts, Food booths and stands, Games, Rides, Rodeos, Sales and Auctions, Storage, and Theaters.

Planning and Zoning Administrator Rick Dvorak said this amendment was requested by the Johnson County Fair Board. Bob Michael explained that as a non-conforming use under 3 different zoning classifications the Fairgrounds had to seek a variance every time any change was made. Fairgrounds Manager Rich Gay also spoke for the amendment. County Attorney Pat White replied to Jordahl's inquiry that this classification could be applied to other locations, including private uses, similar to the uses on the Fairgrounds. He noted that would be subject to the Board's approval, that the use proposed at a given location would not be in conflict with surrounding uses. Jordahl asked whether race tracks could be excluded from this classification. White suggested taking time to review the language. Action on the amendment was deferred.

Public Hearing closed at 8:22 p.m.

Motion by Stutsman, second by Duffy, to authorize the Chairperson to sign the Iowa Department of Transportation Agreement for Federal-Aid Surface Transportation Program Project STP-S-52(48)--5E-52 (ACC paving on IWV Road from the Iowa County line east approximately 1.9 miles).

Motion by Duffy, second by Lehman, to authorize the Chairperson to sign the Iowa Department of Transportation Agreement for Federal-Aid Surface Transportation Program Project STP-S-52(49)--5E-52 (ACC resurfacing on Wapsi Avenue (County Road X-14) from Iowa 22 north approximately 4 miles to 520th Street (County Road F-62)).

Motion by Stutsman, second by Lehman, to authorize the County Space Needs Committee to invite Bill Garnos, Criminal Justice Consultant with CSG Consultants, Overland Park, Kansas to meet with them regarding the Johnson County Jail and to authorize payment of his fees and travel expenses.

Motion by Stutsman, second by Lehman, to approve and authorize the Chairperson to sign the MidAmerican Energy contract for county energy costs.

Motion by Duffy, second by Stutsman, to appoint Mike Gardner to the East Central Iowa Council of Governments ISTEA Technical Advisory Committee for a term ending January 1, 2001.

Motion by Stutsman, second by Duffy, to approve placing the following on the ballot for the Local Option Sales Tax:

25% property tax relief for the unincorporated area of Johnson County

15% for library services for residents of the unincorporated areas of Johnson County

35% for roads and bridges in the unincorporated area of Johnson County

5% for funding of human service programs such as juvenile crime prevention and juvenile detention

15% for capital project expenditures such as renovation/construction of county jail

5% for capital project expenditures such as human services building and other space needs

Adjourned to informal meeting of January 12 and 14, 1999 at 9:17 p.m.

Jonathan Jordahl, Chair, Board of Supervisors

Attest: Tom Slockett, Auditor

By Casie Parkins, Recording Secretary