Chairperson Jordahl called the Johnson County Board of Supervisors to order in the Johnson County Administration Building at 5:30 p.m. Members present were: Charles Duffy, Jonathan Jordahl, Mike Lehman, Sally Stutsman, and Carol Thompson.

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 Thompson, to approve the minutes of the formal meeting of February 4, 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 Recorder's Report of Fees Collected for the month of December 1998, in the amount of $140,009.36, as submitted by County Recorder Kim Painter.

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.)

Motion by Stutsman, second by Duffy, to waive the requirement of three considerations before amending an ordinance and to approve Application Z9831 on first and second consideration. Roll call: aye: Lehman, Stutsman, Jordahl, Thompson, Duffy.

Request to amend Ordinance 01-07-99-Z1 and Application Z9850 of Timberwood Estates signed by Larry Marak by amending the legal description of property located in the East 1/4 of Section 18; Township 81 North; Range 7 West of the 5th P.M. in Johnson County, Iowa.

Motion by Stutsman, 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 01-07-99-Z1 and Application Z9850 on first and second consideration. Roll call: aye: Lehman, Stutsman, Jordahl, Thompson, Duffy.

RESOLUTION 02-11-99-Z1

Whereas the Johnson County Planning and Zoning Commission, following a public hearing, on February 8, 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 11th day of March, 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: Z9833 (Plotz/Balster), Z9902 (Kramer), Z9903 Lane), S9808 (Rohret), S9868 (Netolicky), S9901 (Marak), S9903 (Kramer), and CU9901 (Wendling Quarries).

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 02-11-99-Z1.

Motion by Stutsman, second by Thompson, to approve the waiver of the Johnson County Fair Grounds rezoning fee.

Motion by Stutsman, second by Thompson, to approve and authorize obsolete computer equipment no longer of use to the county as itemized on the list submitted to the Board and authorize it for sale at auction.

Motion by Lehman, second by Duffy, to appoint Barbara Schuessler and Dr. Alfred Hansen to the Ambulance Advisory Committee to fill two vacancies.

Motion by Stutsman, second by Thompson, to cancel Board of Supervisors' informal and formal meetings for the week of March 14, 1999.

Recessed at 5:55 p.m.; reconvened at 6:02 p.m. as a Public Hearing on Zoning and Platting Applications.

Application Z9858 of William Sedlacek, Iowa City, Iowa and Kim Allen, Brighton, IA, requesting rezoning of 3.25 acres from R1A Urban Residential to A1 Rural of certain property described as being part of Lots 1, 2, 3 and 4 of Block 13 and Lots 10, 11, and 12 of Block 12 of the unincorporated town of Morse located in Section 9; Township 80 North; Range 5 West of the 5th P.M. in Johnson County, Iowa (This property is located adjacent and south (behind) of 2536 Putnam Street NE, Iowa City, Iowa, in Graham Twp.)

Motion by Duffy, second by Stutsman, to waive the requirement of three considerations before amending an ordinance and to approve Application Z9858 on first and second consideration. Roll call: aye: Lehman, Stutsman, Jordahl, Thompson, Duffy.

Application Z9859 of William Reindl, Oxford, Iowa, requesting rezoning of 1.0 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 21; Township 80 North; Range 8 West of the 5th P.M. in Johnson County, Iowa (This property is located on the west side of Iowa Highway 109 (AKA Augusta Avenue NW) approximately 1/4 of a mile north of Oxford, Iowa, in Oxford Twp.)

Ralph Neuzil spoke for the application.

Motion by Duffy, second by Stutsman, to waive the requirement of three considerations before amending an ordinance and to approve Application Z9859 on first and second consideration. Roll call: aye: Lehman, Stutsman, Jordahl, Thompson, Duffy.

Application S9858 of Janet McCabe requesting preliminary and final plat approval of Webster Subdivision (A Resubdivision of Waterman's Subdivision), a subdivision described as being located in the NE 1/4 of the NE 1/4 of Section 20; and the SE 1/4 of the SE 1/4 of Section 17; and the SW 1/4 of the SW 1/4 of Section 16; all in Township 80 North; Range 8 West of the 5th P.M. in Johnson County, Iowa (This is a 3-lot, 23.05 acre, 2-lot farmstead split with one outlot subdivision, located on the west side of 109th Street (also known as Augusta Avenue) on the north edge of the Oxford city limits in Oxford Twp.)

Ralph Neuzil spoke for the application.

Motion by Stutsman, second by Lehman, to defer Application S9858 for 60 days or earlier if requested by the applicant.

Application Z9860 of Doug & Doreen Kidd, Tiffin, Iowa, requesting rezoning of 1.99 acres from A1 Rural to RS Suburban Residential of certain property described as being Lot 2 of Westside Pines Subdivision, located in the SW 1/4 of Section 19; Township 80 North; Range 7 West of the 5th P.M. in Johnson County, Iowa (This property is located on the north side of Highway #6 NW, approximately 1.5 miles west of Tiffin, Iowa in Clear Creek Twp.)

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

Motion by Duffy, second by Thompson, to waive the requirement of three considerations before amending an ordinance and to approve Application Z9860 on first and second consideration. Roll call: aye: Lehman, Stutsman, Jordahl, Thompson, Duffy.

Application Z9861 of David Poula, Iowa City, Iowa, requesting rezoning of 1.4 acres from A1 Rural to RS Suburban Residential of certain property described as being in the SW 1/4 of the NE 1/4 of Section 19; Township 81 North; Range 7 West of the 5th P.M. in Johnson County, Iowa (This property is located on the west side of Blain Cemetery Road NW, approximately 1/2 mile north of its intersection with Amana Road NW in Jefferson Twp.)

Glen Meisner of MMS Consultants, Inc., Steve Nelson, Suzanne Giraudeau, and David Poula, spoke for the application.

Duffy opposed denial because he would rather see a home built on this type of land than some of the prime agricultural land that is annexed into cities. Stutsman said she would be voting to deny the application because there wasn't a site plan for the land as another nearby applicant had done earlier, rezoning isn't needed to build on this property of at least 40 acres, and she is concerned about incremental zoning in this area due to safety concerns about the gravel road. Lehman noted his concerns about the safety of the road. Jordahl said a site plan is needed because the applicant has had previous lots approved in this area, but incremental rezoning could lead to a density beyond what the road can bear.

Motion by Duffy to waive the requirement of three considerations before amending an ordinance and to approve Application Z9861 on first and second consideration. The motion died for lack of a second.

Motion by Stutsman, second by Thompson, to deny Application Z9861. Roll call: aye: Lehman, Stutsman, Jordahl, Thompson; nay: Duffy.

Application S9843A of Marilyn Yutzy requesting preliminary and final plat approval of Yutzy 2nd Subdivision, a subdivision described as being located in the SE 1/4 of the NE 1/4 of Section 5; Township 78 North; Range 7 West of the 5th P.M. in Johnson County, Iowa (This is a 1-lot, 1.33 acre, farmstead split, located on the south side of 470th Street SW, approximately 1/2 mile west of its intersection with Gingerich Road SW in Sharon Twp.)

Whereas, the owner has filed application S9843A for approval of a preliminary and final plat of Yutzy 2nd 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; Subdivider's Agreement; Fence Agreement; Trustee Ownership Certificate; Resolution Affirming the Stability of the Current Road System

Motion by Stutsman, second by Lehman, to approve Resolution 02-11-99-Z2.

Application S9863 of Shannon & Peggy Ashby, signed by Peggy Ashby, requesting preliminary and final plat approval of Ashby Acres, a subdivision described as being located 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 is a 1-lot, 2.26 acre, residential subdivision, located on the east side of Greencastle Avenue NW, approximately 1/2 mile south of its intersection with Blain Cemetery Road NW in Jefferson Twp.)

Whereas, the owner has filed application S9863 for approval of a preliminary and final plat of Ashby Acres, 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 Swisher; Owner Certificate; Title Opinion; Certificate of the Treasurer; Access Easement; Fence Agreement; Subdivider's Agreement; Resolution Affirming the Stability of the Current Road System

Motion by Stutsman, second by Thompson, to approve Resolution 02-11-99-Z3.

Application S9864 of Suzette Murphy and Carmen Davis requesting final plat approval of Summers Past Addition, 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 4-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.)

Motion by Stutsman, second by Lehman, to defer Application S9864 indefinitely.

Application S9865 of Gary & Lisa Johnson, signed by Lisa Johnson, requesting preliminary and final plat approval of G & L Subdivision, a subdivision described as being located in the NW 1/4 of Section 29; Township 79 North; Range 7 West of the 5th P.M. in Johnson County, Iowa (This is a 1-lot, 2.31 acre, residential subdivision, 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.)

Gary Johnson spoke for the application.

Whereas, the owner has filed application S9865 for approval of a preliminary and final plat of G & L 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; Subdivider's Agreement; 2 Fence Agreements; Resolution Affirming the Stability of the Current Road System.

Motion by Stutsman, second by Thompson, to approve Resolution 02-11-99-Z4.

Application S9866 of Harvey Miller and Steve Schmidt of Apex Construction, signed by Steve Schmidt, requesting preliminary and final plat approval of Crestview Second Addition, a subdivision described as being located in the NW 1/4 of Section 25; Township 79 North; Range 7 West of the 5th P.M. in Johnson County, Iowa (This is a 2-lot, 45.380 acre, residential subdivision, located in the NW corner of the Highway #1 SW and Landon Avenue SW intersection in Union Twp.)

Tom Anthony of Landmark Surveying spoke for the application.

Whereas, the owner has filed application S9866 for approval of a preliminary and final plat of Crestview 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: Owner Certificate, Title Opinion, Certificate of the Treasurer, Consent of Mortgagee, Subdivider's Agreement, 2 Fence Agreements, Resolution Affirming the Stability of the Current Road System.

Motion by Lehman, second by Thompson, to approve Resolution 02-11-99-Z5.

Application S9867 of Kory Kaalberg requesting preliminary and final plat approval of Van Aken Acres, a subdivision described as being located 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 is a 2-lot, 5.40 acre, residential and farmstead split subdivision, located on the west side of the Johnson – Muscatine Road SE, approximately 1/2 mile south of its intersection with Highway #22 SE in Fremont Twp.)

Kory Kaalberg spoke for the application.

Whereas, the owner has filed application S9867 for approval of a preliminary and final plat of Van Aken Acres, 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; Resolution Affirming the Stability of the Current Road System; Subdivider's Agreement & Fence Agreement

Motion by Duffy, second by Thompson, to approve Resolution 02-11-99-Z6.

Application S9869 of James P. Andersen requesting preliminary and final plat approval of Eolian Hills Subdivision, a subdivision described as being located 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 is a 3-lot, 40.41 acre, residential subdivision, 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 Anderson was present to answer questions.

Whereas, the owner has filed application S9869 for approval of a preliminary and final plat of Eolian Hills 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 Tiffin; Owner Certificate; Title Opinion; Certificate of the Treasurer; Consent of Mortgagee; Subdivider's Agreement; Fence Agreement; Access Easement & Maintenance Agreement; Resolution Affirming the Stability of the Current Road System

Motion by Stutsman, second by Duffy, to approve Resolution 02-11-99-Z7.

Public Hearing closed and recessed to informal meeting of February 9 and 11, 1999 at 7:13 p.m.; reconvened on February 12, 1999 at 10:08 a.m.

Motion by Stutsman, second by Thompson, to set the date for public hearing on the proposed FY 2000 budget on Tuesday, March 2, 1999 at 5:30 p.m.

Motion by Thompson, second by Lehman, to authorize the Auditor to publish the FY 2000 proposed budget summary as presented.

Adjourned at 11:05 a.m.

/s/Jonathan Jordahl, Chair, Board of Supervisors

Attest: Tom Slockett, Auditor

By Casie Parkins, Recording Secretary

These minutes were sent for publication and formal approval on February 19, 1999.