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, 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 Lehman, to approve the minutes of the formal meeting of March 4, 1999.

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

Motion by Thompson, second by Stutsman, to appoint Margaret Elaine Sweet as Mental Health/Mental Retardation/Developmental Disabilities Director.

Whereas, the appropriations for Court Services Service Area 2 are not sufficient to meet increasing demands for services, and planned fourth quarter appropriations are deemed necessary to meet third quarter requirements;

Be it resolved that the appropriation for the General Supplemental Fund, Department 28 - Court Services, Court Services Service Area, be increased $14,400, for a total appropriation of $57,600 appropriated through June 30, 1999 the end of the fourth quarter.

Motion by Stutsman, second by Lehman, to approve Resolution 03-11-99-B1.

Whereas the Johnson County Planning and Zoning Commission, following a public hearing, on March 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 the 8th day of April, 1999 at 6:00 p.m. in the Board Room, Johnson County Administration Building, 913 South Dubuque Street, Iowa City, Iowa, on the following: Z9901A, Z9904, Z9905, Z9907, Z9908, Z9909, Z9910, S9905, S9906, S9908, S9910, S9911, S9912.

2. A public hearing in accordance with Section 335.6 of the Iowa Code is set for the 8th day of April, at 8:00 p.m. in the Board Room, Johnson County, Administration Building, 913 South Dubuque Street, Iowa, Iowa on a Proposed Fringe Area Agreement between Johnson County and the City of Coralville.

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

Motion by Stutsman, second by Thompson, to approve Resolution 03-11-99-Z1.

Motion by Thompson, second by Stutsman, to approve and authorize the Chairperson to sign a letter of support for East Central Iowa Council of Governments for Housing Preservation Grant funds.

Motion by Duffy, second by Stutsman, to approve and authorize the Chairperson to sign a letter of support for the FY 2000 Waste Tire Management County Grant Program.

Motion by Stutsman, second by Lehman, to approve and authorize the Chairperson to sign a Grant Agreement between Iowa Department of Economic Development, Johnson County Board of Supervisors, and Iowa City Area Chamber of Commerce (Grant #99-CEF-409 in the amount of $45,000.00 for Health Center U.S.A. consortium.); and a letter of support authorizing Jane Murphy of the Iowa City Area Chamber of Commerce to sign the State of Iowa claim vouchers for Grant #99-CEF-409.

Motion by Lehman, second by Duffy, to approve and authorize the Chairperson to sign a County Farm Lease Agreement as proposed by Farmers National Company.

Motion by Stutsman, second by Thompson, to approve and authorize the Chairperson to sign a letter of intent for the Juvenile Accountability Incentive Block Grant.

Motion by Stutsman, second by Thompson, to approve and authorize the Chairperson to sign a Letter of Agency with Teletron, Inc.

Convened Public Hearing on Zoning, Platting, and Conditional Use Permit Applications at 6:08 p.m.

Application Z9833 of Mike Plotz, Swisher, Iowa, signed by Cheryl Balster and Mike Plotz, requesting rezoning of 31.52 acres (10 lots) from A1 Rural to RS Suburban Residential and RS-3 Suburban Residential of certain property described as Lot B of Timber Lake Second Addition located in the SW 1/4 of Section 16 and the SE 1/4 of Section 17; Township 81 North; Range 7 West of the P.M. in Johnson County, Iowa (This property is located on the west side of Iowa State Highway 965 NW, south of Timber Lake Addition in Jefferson Twp.).

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

Jordahl said the issue of whether there should be one public well should be addressed prior to hearing a platting application.

Motion by Stutsman, second by Duffy, to waive the requirement of three considerations before amending an ordinance and to approve Application Z9833 on first and second consideration. Roll call: aye: Lehman, Stutsman, Jordahl, Thompson, Duffy.

Application Z9902 of Randy Kramer, Coralville, 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 25; Township 77 North; Range 6 West of the 5th P.M. in Johnson County, Iowa (This property is located on the west end of Eden Farm Road SE, approximately 3/4 of a mile west of its intersection with Sioux Avenue SE and 670th Street SE in Fremont Twp.).

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

Motion by Lehman, second by Duffy, to waive the requirement of three considerations before amending an ordinance and to approve Application Z9902 on first and second consideration. Roll call: aye: Lehman, Stutsman, Jordahl, Thompson, Duffy.

Application Z9903 of William Lane, Swisher, Iowa, requesting rezoning of 1.89 acres from RS Suburban Residential to A2 Resort of certain property described as Lot D and a portion of Lot C, Lindsey Estates, Part Two located in the North 1/2 of Section 15; Township 81 North; Range 7 West of the 5th P.M. in Johnson County, Iowa (This property is located west of Blue Ridge Court NE and Curtis Bridge Road NE in Jefferson Twp.).

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

Motion by Stutsman, second by Thompson, to waive the requirement of three considerations before amending an ordinance and to approve Application Z9903 on first and second consideration. Roll call: aye: Lehman, Stutsman, Jordahl, Thompson, Duffy.

Application S9808 of James and Patricia Rohret, signed by James Rohret, requesting preliminary and final plat approval of Majestic Heights Addition, a subdivision described as being located in the NE 1/4 of Section 23; Township 79 North; Range 8 West of the 5th P.M. in Johnson County, Iowa (This is a 1-lot, 3.12 acre, farmstead split, located on the south side of 400th Street SW, approximately 1/8 of a mile west of Cosgrove Road SW in Hardin Twp.).

Ralph Neuzil, attorney for the applicant, and James Rohret were present to answer questions.

Whereas, the owner has filed application S9808 for approval of a preliminary and final plat of Majestic Heights, 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; Fence Agreement; Resolution Affirming the Stability of the Current Road System

Motion by Duffy, second by Stutsman, to approve Resolution 03-11-99-Z2.

Application S9868 of Raelyn Netolicky requesting preliminary and final plat approval of Netolicky Acres, a subdivision described as being located in the SW 1/4 of the NE 1/4 of Section 10; Township 81 North; Range 8 West of the 5th P.M. in Johnson County, Iowa (This is a 2-lot, 39.66 acre, residential and farmstead split subdivision, located on the east side of Derby Avenue NW, approximately 1/2 mile south of its intersection with 120th Street NW in Monroe Twp.).

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

Whereas, the owner has filed application S9868 for approval of a preliminary and final plat of Netolicky 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; Fence Agreement; Statement regarding Lot Use; Subdivider's Agreement; Resolution Affirming the Stability of the Current Road System

Motion by Thompson, second by Lehman, to approve Resolution 03-11-99-Z3.

Application S9901 of Larry Marak requesting preliminary and final plat approval of Timberwood Estates, Part II, a subdivision described as being located in the NE 1/4 of the SE 1/4 and the SE 1/4 of the NE 1/4 of Section 18; Township 81 North; Range 7 West of the 5th P.M. in Johnson County, Iowa (This is a 2-lot, 10.97 acre, residential subdivision, located on the south side of Seneca Road NW, approximately 1/4 of a mile east of its intersection with Blain Cemetery Road NW in Jefferson Twp.).

Ralph Neuzil, attorney for the applicant, was present to answer questions.

Whereas, the owner has filed application S9901 for approval of a preliminary and final plat of Timberwood Estates, Part II, 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; Subdivider's Agreement; Access Easement; Fence Agreement; Resolution Affirming the Stability of the Current Road System

Motion by Duffy, second by Thompson, to approve Resolution 03-11-99-Z4.

Application S9903 of Randy Kramer requesting preliminary and final plat approval of Kramer Subdivision, a subdivision described as being located in the NE 1/4 of the SW 1/4 and the NW 1/4 of the SE 1/4 and the SW 1/4 of the SE 1/4 of Section 25; Township 77 North; Range 6 West of the 5th P.M. in Johnson County, Iowa (This is a 1-lot, 18.16 acre, residential subdivision, located at the west end of Eden Farm Road SE, approximately 3/4 of a mile west of its intersection with Sioux Avenue SE and 670th Street SE in Fremont Twp.).

Motion by Stutsman, second by Lehman, to defer Application S9903 until March 25, 1999.

Recessed at 6:40 p.m.; reconvened at 6:50 p.m.

Application CU9901 of Wendling Quarries, signed by John Tuthill, Dewitt, Iowa, requesting a Conditional Use Permit to expand an existing quarry located in the NE 1/4 of Section 4; Township 81 North; Range 8 West of the 5th P.M. in Johnson County, Iowa (This property is located on the south side of Linn Johnson Road NW, approximately 1/2 miles east of its intersection with Calkins Avenue NW in Monroe Twp.).

John Tuthill, Mark Whitman, Anthony Manatt, and Glen Meisner spoke for the application. Larry Henkes expressed his concerns about the application. Ray Buser spoke against the application.

Planning and Zoning Administrator Rick Dvorak said the conditional use permit would continue if there was new ownership. Dvorak said he could work with the applicants to write a legal description for the permit that would exclude the homestead site and driveway and the 300 foot setback. Assistant Planning and Zoning Administrator R.J. Moore listed conditions asked for by the Planning and Zoning Commission: 1) a written dust alleviation agreement with Secondary Roads; 2) a soil erosion control plan; 3) a reclamation plan; 4) bonding or assurance for implementing the reclamation plan; 5) the recommended time limit of 25 years; 6) access would be limited only to the driveway currently used, unless the applicants go back through the conditional use process to change the location; and 7) the setback would be placed at 300 feet from the centerline of the road.

Stutsman expressed her concern that the County is protected from responsibility for future reclamation costs. Thompson, Jordahl, and Stutsman asked that conditions asked for by the Planning and Zoning Commission be put into writing before acting on the permit. Thompson asked if the question raised about water quality had been addressed. Jordahl said the issues of blasting and dust control will need to be weighed in considering the application. He also noted the quarry already existed when many neighboring property owners moved in and a quarry is permitted in an A1 district.

Motion by Thompson, second by Duffy, to continue the public hearing until March 25, 1999.

Public Hearing closed at 8:53 p.m.

Adjourned to informal meeting of March 9 and 11, 1999 at 8:55 p.m.

/s/ Jonathan Jordahl, Chair, Board of Supervisors

Attest: Tom Slockett, Auditor

By Casie Parkins, Recording Secretary

These minutes were sent for publication on March 18, 1999 and formal approval on March 25, 1999.