Chairperson Jordahl called the Johnson County Board of Supervisors to order in the Johnson County Administration Building at 9:08 a.m. Members present were: Charles Duffy, Jonathan Jordahl, Mike Lehman, and Sally Stutsman.

Unless otherwise noted, all actions were taken unanimously.

Motion by Duffy, second by Stutsman, to approve the claims on the Auditor's Claim Register, as approved by a majority of the Supervisors.

Motion by Stutsman, second by Duffy, to approve the minutes of the formal meeting of January 21, 1999.

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

Reconvened Public Hearing on Zoning and Platting Applications at 9:10 a.m.

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.)

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

Dvorak said he worked with the applicant to try to find a more suitable site on the property for this rezoning, but the applicant did not find a site he favored which was not on wet soils, an area with a high corn suitability rating or drainage ways; therefore the original description for the application was still under consideration. Stutsman said she was voting to deny this application because it doesn't follow the Comprehensive Land Use Plan, it's on a gravel road, and she wants to maintain farming in the area. Lehman said he was voting to deny because it is in a farming area and he concurs with the Planning and Zoning Commission. Jordahl said he supported denying the application because it isn't consistent with the Comprehensive Land Use Plan.

Motion by Stutsman, second by Lehman, to deny Application Z9821. 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.)

Jordahl reported that representatives of Johnson County and Iowa City would meet to discuss this application because it seems to meet the intent of the fringe area but not the language of the agreement.

Motion by Jordahl, second by Stutsman, to defer Application Z9831 until February 11, 1999. Roll call: aye: Lehman, Stutsman, Jordahl, Duffy.

Public Hearing closed at 9:22 a.m.

Reconvened Public Hearing on Conditional Use Permit CU9808 at 9:22 a.m.; recessed at 9:23 a.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.)

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 RS & RS10.

SECTION II. CHANGE IN CLASSIFICATION. The zoning classification of the following described real estate located in Clear Creek Township and comprised of approximately 24.23 acres to wit:

A portion of the Southwest one-quarter of the Southwest one-quarter of Section 33, Township 80 North, Range 7 West of the Fifth Principal Meridian, Johnson County, Iowa, the boundaries of which are described as follows: Commencing at the Southwest corner of Section 33, Township 80 North, Range 7 West of the Fifth Principal Meridian, Johnson County, Iowa; Thence N90°"E, along the south line of the Southwest one-quarter of said Section 33, a distance of 1003 feet; Thence N00°E, 344 feet to the Point of Beginning; Thence N62°W, 192 feet; Thence N28°E, 125 feet; Thence N00°E, 94 feet; Thence N90°E, 118 feet; Thence S62°E, 130 feet; Thence S28°W, 265 feet to said Point of Beginning, containing 1.19 acres and subject to easements and

restrictions of record.

is hereby changed from A1 to RS.

Commencing at the Southwest corner of Section 33, Township 80 North, Range 7 West of the Fifth Principal Meridian, Johnson County, Iowa; Thence North along the West line of the Southwest one-quarter of the Southwest one-quarter of said Section 33, a distance of 1326 feet more or less to the Northwest corner of the Southwest one-quarter of the Southwest one-quarter of said Section 33; Thence East along the North line of the Southwest one-quarter of the Southwest one-quarter of said Section 33, a distance of 443 feet more or less to the Point of Beginning; Thence continuing East along said North line, 879 feet more or less to the Northeast corner of the Southwest one-quarter of the Southwest one-quarter of said Section 33; Thence South along the East line of the Southwest one-quarter of the Southwest one-quarter of said Section 33, a distance of 527 feet; Thence West 925 feet to a point which is 400 feet normally distant east of said West line; Thence Northerly, 528 feet more or less, to said Point of Beginning, containing 10.91 acres and subject to easements and restrictions of record.

Commencing at the Southwest corner of Section 33, Township 80 North, Range 7 West of the Fifth Principal Meridian, Johnson County, Iowa; Thence North along the West line of the Southwest one-quarter of the Southwest one-quarter of said Section 33, a distance of 33 feet to a point on the northerly right-of-way line of 340th St. SW and the Point of Beginning; Thence continuing North 1293 feet more or less to the Northwest corner of the Southwest one-quarter of the Southwest one-quarter of said Section 33; Thence East along the North line of the Southwest one-quarter of the Southwest one-quarter of said Section 33, a distance of 443 feet more or less; Thence Southerly 528 feet more or less to a point which is 400 feet normally distant east of said West line; Thence South, 766 feet more or less, staying 400 east of and parallel to said West line, to a point on said Northerly right-of-way line; Thence West along said Northerly right-of-way line, 400 feet to said Point of Beginning, containing 12.13 acres and subject to easements and restrictions of record.

is hereby changed from A1 to RS10.

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 January 14, 1999, 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.

Motion by Stutsman, second by Duffy, to approve Application Z9843 on final consideration and to approve Ordinance 01-28-99-Z1. 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.)

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 C2 to A1.

SECTION II. CHANGE IN CLASSIFICATION. The zoning classification of the following described real estate located in Clear Creek Township and comprised of approximately 1.19 acres to wit:

Commencing at the Southwest Corner of Section 33; Township 80 North; Range 7 West of the 5th P.M.; thence North 33.00 feet; thence East 462.3 feet to the Point of Beginning; thence North 260 feet; thence East 200 feet; thence South 260 feet; thence West 200 feet to the Point of Beginning. Said tract of land contains 1.19 acres more or less

- is hereby changed from C2 to A1.

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 January 14, 1999, 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.

Motion by Stutsman, second by Lehman, to approve Application Z9857 on final consideration and to approve Ordinance 01-28-99-Z2. Roll call: aye: Lehman, Stutsman, Jordahl, Duffy.

Reconvened Public Hearing on Conditional Use Permit CU9808 at 9:28 a.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.)

Whereas, the owner has filed application CU9808 for approval of a Conditional Use Permit to operate produce sales and jam production and sales as a Home Business, 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:

That said Conditional Use Permit be approved.

That the Chairperson be directed to sign said permit

Motion by Stutsman, second by Lehman, to approve Resolution 01-28-99-Z1.

Public Hearing closed and at 9:30 a.m.

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.).

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 RS3 .

SECTION II. CHANGE IN CLASSIFICATION. The zoning classification of the following described real estate located in Graham Township and comprised of approximately 3.00 acres to wit:

Commencing at the Southwest corner of the Northwest 1/4 of the Southwest 1/4 of Section 12; township 80 North; Range 5 West of the 5th P.M.; thence South 89° 40¢ 48" East along the South line of the North 1/2 of the Southwest 1/4 of said Section 12, a distance of 225.37 feet to the Point of Beginning; thence North 00° 00¢ 00" West, a distance of 279.60 feet; thence South 89° 40¢ 48" East a distance of 467.38 feet; thence South 00° 00¢ 00" East, a distance of 279.60 feet to a point on said south line of the North 1/2 of the Southwest 1/4; thence North 89° 40¢ 48" West, a distance of 467.38 feet to the Point of Beginning, containing 3.00 acres more or less.

- is hereby changed from A1 to RS3.

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 January 14, 1999, 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.

Motion by Stutsman, second by Duffy, to approve Application Z9846 on final consideration and to approve Ordinance 01-28-99-Z3. 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.)

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 RS & RS3.

SECTION II. CHANGE IN CLASSIFICATION. The zoning classification of the following described real estate located in Jefferson Township and comprised of approximately 8.89 acres to wit:

Beginning at the southwest corner of Lot C, Millard Third Subdivision, to Johnson County,

Iowa, as recorded in Plat Book 37 at Page 23 in the Office of the Johnson County Recorder;

Thence N26°47'11"W, along the westerly line of said Lot C, 212.64; Thence N04°12'41"W, along said westerly line, 162.44 feet; Thence N89°21'47"E, along said westerly line, 208.71 feet; Thence N04°12'41"W, 209.12 feet to a point on the southerly right-of-way line of 140th Street NW; Thence N89°21'47"E, along said right-of-way line 149.11 feet; Thence S00°14'01"W, 565.31 feet to a point on the southerly line of said Lot C; Thence N89°45'59"W, along said southerly line, 232.37 feet to said Point of Beginning, containing 3.16 acres subject to easements and restrictions of record

and

Beginning at the southeast corner of Lot C, Millard Third Subdivision, to Johnson County,

Iowa, as recorded in Plat Book 37 at Page 23 in the Office of the Johnson County Recorder;

Thence N89°45'59"W, along the southerly line of said Lot C, 363.66 feet; Thence N00°14'01"E, 567.63 feet to the southerly right-of-way line of 140th Street NW; Thence N89°21'47"E, along said right-of-way line 152.59 feet to the Northeast corner of said Lot C; Thence S00°00'24"E, along the easterly line of said Lot C, 208.71 feet; Thence N89°21'47"E, along the easterly line of said Lot C, 208.71 feet; Thence S00°00'24"E, along the easterly line of said Lot C, 364.41 feet to said Point of Beginning, containing 3.75 acres subject to easements and restrictions of record

- is hereby changed from A1 to RS3.

Commencing at the southeast corner of Lot C, Millard Third Subdivision, to Johnson County, Iowa, as recorded in Plat Book 37 at Page 23 in the Office of the Johnson County Recorder; Thence N89°45'59"W, along the southerly line of said Lot C, 363.66 feet to the Point of Beginning; Thence continuing N89°45'59"W, along said southerly line, 152.43 feet; Thence N00°14'01"E, 565.31 feet to a point on the southerly right-of-way line of 140th Street NW; Thence N89°21'47"E, along said right-of-way line 152.45 feet; Thence S00°14'01"W, 567.63 feet to said Point of Beginning, containing 1.98 acres subject to easements and restrictions of record.

- is hereby changed from A1 to RS.

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 January 14, 1999, 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.

Motion by Stutsman, second by Lehman, to approve Application Z9853 on final consideration and to approve Ordinance 01-28-99-Z4. 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.)

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 RS.

SECTION II. CHANGE IN CLASSIFICATION. The zoning classification of the following described real estate located in Hardin Township and comprised of approximately 0.60 acres to wit:

Commencing at the Northwest Corner of the Northwest Quarter, of Section 24, Township 79 North, Range 8 West, of the Fifth Principal Meridian; Thence S89°14'28"E, along the North Line of said Northwest Quarter, 602.50 feet, to the Point of Beginning; Thence continuing S89°14'28"E, along said North Line, 100.02 feet; Thence S00°17'18"E, 254.31 feet to a point on the northerly right-of-way line of 400th Street SW; Thence southwesterly, 46.20 feet along said northerly right-of-way line and an arc of a 468.50 foot radius curve, concave northwesterly, whose 46.18 foot chord bears S80°34'42"W; Thence S83°24'13"W, along said northerly right-of-way line, 54.74 feet; Thence N00°17'18"W, 269.48 feet to the Point of Beginning, containing 0.60 acres and subject to easements and restrictions of record.

- is hereby changed from A1 to RS.

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 January 14, 1999, 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.

Motion by Duffy, second by Stutsman, to approve Application Z9854 on final consideration and to approve Ordinance 01-28-99-Z5. 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.)

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 RS.

SECTION II. CHANGE IN CLASSIFICATION. The zoning classification of the following described real estate located in Sharon Township and comprised of approximately 1.159 acres to wit:

A portion of the W 1/2 SE 1/4, Section 6, Twp.78N., R.7W., of the 5th P.M., Johnson County, Iowa, described as follows: Commencing at a concrete monument found marking the center of said Section 6; thence S 0°47'18" E - 720.23 feet along the west line of said W 1/2 SE 1/4 as fenced and occupied to a concrete monument found marking the northerly R.O.W. line of Highway One as described in Book 180, Page 203, Johnson County Recorder's Office; thence N 87°34'34" E - 156.90 feet along said R.O.W. line to a set 5/8" rebar marking the Point of Beginning; thence N 1°11'50" W - 134.80 feet to a set 5/8" rebar; thence N 18°15'10" E - 164.20 feet to a set 5/8" rebar; thence N 85°20'40" E - 94.78 feet to a set 5/8" rebar; thence S 16°40'44" E - 281.18 feet to a 5/8" rebar set on said R.O.W. line; thence S 52°27'00" W - 34.00 feet along said R.O.W. line to a rail found 80 feet normal northwesterly from Station 423 + 20.03; thence S 87°34'34" W - 197.00 feet along said R.O.W. line to the Point of Beginning. Said Parcel contains 1.159 acres.

- is hereby changed from A1 to RS.

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 January 14, 1999, 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.

Motion by Duffy, second by Stutsman, to approve Application Z9855 on final consideration and to approve Ordinance 01-28-99-Z6. 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.)

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 RS.

SECTION II. CHANGE IN CLASSIFICATION. The zoning classification of the following described real estate located in Hardin Township and comprised of approximately 1.99 acres to wit:

Commencing at the Southeast corner of Section 7, Township 79 North, Range 8 West of the Fifth Principal Meridian, Johnson County, Iowa; Thence S90° 00¢ 00"W, along the centerline of IWV Road SW(AKA County Road F-46), 526.8 feet; Thence N00° 00¢ 00"E, 64.8 feet to the northerly line of Exhibit "C" which was condemned for a road grading project and recorded in Book 2277 at Page 123 in the records of the Johnson County Recorder and the Point of Beginning; Thence continuing N00° 00¢ 00"E, 294.4 feet; Thence S90°00'00"W, 294.4 feet; Thence S00°00'00"W, 294.4 feet; Thence N90°00'00"E, 294.4 feet to said Point of Beginning, containing 1.99 acres and subject to easements and restrictions of record.

- is hereby changed from A1 to RS .

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 January 14, 1999, 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.

Motion by Duffy, second by Stutsman, to approve Application Z9856 on final consideration and to approve Ordinance 01-28-99-Z7. Roll call: aye: Lehman, Stutsman, Jordahl, Duffy.

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.)

Whereas, the owner has filed application S9851 for approval of a preliminary and final plat of Wildman 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, and Resolution Affirming the Stability of the Current Road System.

Motion by Stutsman, second by Duffy, to approve Resolution 01-28-99-Z2.

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.)

Whereas, the owner has filed application S9853 for approval of a final plat of McGillin 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, Septic Easement, Well & Septic Agreement, Fence Agreement, Subdivider's Agreement, and Resolution Affirming the Stability of the Current Road System.

Motion by Duffy, second by Lehman, to approve Resolution 01-28-99-Z3.

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.)

Whereas, the owner has filed application S9860 for approval of a preliminary and final plat of Kleinschmidt First 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: Owner Certificate, Title Opinion, Certificate of the Treasurer, Well & Waterline Agreement. Fence Agreement, Subdivider's Agreement, Access & Utility Easement (40'), and Resolution Affirming the Stability of the Current Road System.

Motion by Duffy, second by Lehman, to approve Resolution 01-28-99-Z4.

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.

Motion by Duffy, second by Stutsman, to waive the requirement of three considerations before amending an ordinance and to approve the proposed Amendment to the Johnson County Zoning Ordinance, District Use Regulations, as amended, on first and second consideration. Roll call: aye: Lehman, Stutsman, Jordahl, Duffy.

Motion by Stutsman, second by Lehman, to invite Dwight Dobberstein of Neumann Monson PC Architects to present a contract for services and to authorize the County Attorney to negotiate a lease with Jack and Sue Tank for units 9 and 10 at Eastdale Mall, Iowa City, Iowa.

Motion by Duffy, second by Lehman, to accept the low bid of $136,493.39 from Winfield Contractors, Inc. for Secondary Roads project L-U-16-1 and authorize the Chairperson to sign a contract and bond.

Motion by Stutsman, second by Duffy, to set a public hearing for FY 99 budget amendments, for February 18, 1999 at the Johnson County Administration Building Board Room at 9:00 a.m.

Motion by Stutsman, second by Lehman, to approve and authorize the Chairperson to sign the Emergency Medical Services Training contract with the State of Iowa for $10,235 for the purchase of equipment.

Adjourned to informal meeting of January 26 and 28, 1999 at 10:35 a.m.

Jonathan Jordahl, Chair, Board of Supervisors

Attest: Tom Slockett, Auditor

By Casie Parkins, Recording Secretary