September 18, 1997 Formal Meeting

MINUTES OF THE FORMAL MEETING OF THE JOHNSON COUNTY BOARD OF SUPERVISORS:

SEPTEMBER 18, 1997

Chairperson Stutsman called the Johnson County Board of Supervisors to order in the Johnson County Administration Building at 9:29 a.m. Members present were: Joseph Bolkcom, Jonathan Jordahl, Sally Stutsman, Stephen Lacina, and Charles Duffy.

Unless otherwise noted, all actions were taken unanimously.

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

Motion by Bolkcom, second by Stutsman, to approve the minutes of the formal meeting of September 11, 1997 and the minutes of the School Election canvass of votes of September 12, 1997. Roll call: aye: Bolkcom, Stutsman, Duffy, Lacina; abstain: Jordahl.

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

Application Z9727 of Mark Dresselhaus and Rich Soukup, Iowa City, signed by Mark Dresselhaus, requesting rezoning of 3.5 acres (2-lots) from A1 Rural to RS Suburban Residential of certain property described as being in the NE 1/4 of the NW 1/4 of Section 33; Township 78 North; Range 6 West of the 5th P.M. in Johnson County, Iowa. (This property is located on the north side of 565th Street SW, approximately 1/4 of a mile east of Observatory Avenue SW in Liberty Twp.)

ORDINANCE 09-18-97-Z1

Zoning Application Z9727

AN ORDINANCE AMENDING THE JOHNSON COUNTY ZONING ORDINANCE BY CHANGING THE CLASSIFICATION OF CERTAIN PROPERTY FROM A1 TO RS

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 Liberty Township and comprised of approximately 3.5 acres of a 123 acre tract to wit:

Beginning at the Northwest Corner of the Northeast Quarter of the Northwest Quarter of Section 33; Township 78 North; Range 6 West of the 5th P.M., Johnson County, Iowa; thence North 90§ East along the north line of the said Northeast Quarter of the Northwest Quarter, 327 feet; thence South 00§ East, 264.5 feet; thence South 90§ West, 327 feet to a point on the west line of said Northeast Quarter of the Northwest Quarter; thence North 00§ West along said West line, 264.5 feet to said Point of Beginning.

Commencing at the Northwest Corner of the Northeast Quarter of the Northwest Quarter of Section 33; Township 78 North; Range 6 West of the 5th P.M., Johnson County, Iowa; thence South 00§ East along the west line of said Northeast Quarter of the Northwest Quarter; 265.5 feet to the Point of Beginning; thence North 90§ East, 327 feet; thence South 00§ East, 200.5 feet; thence South 90§ West, 327 feet to a point on the west line of said Northeast Quarter of the Northwest Quarter; thence North 00§ West along said West line 200.5 feet to said Point of Beginning.

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 September 11, 1997, motion by Bolkcom, second by Duffy, to waive the requirement of three considerations before amending an ordinance and to approve Application Z9727 on first and second consideration. Roll call: aye: Bolkcom, Jordahl, Stutsman, Lacina, Duffy.

Motion by Lacina, second by Duffy, to approve Application Z9727 on final consideration and to approve Ordinance 09-18-97-Z1. Roll call: aye: Bolkcom, Jordahl, Stutsman, Lacina, Duffy.

Application Z9728 of Jason Chown, Lone Tree, requesting rezoning of 1.3 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 24; Township 77 North; Range 6 West of the 5th P.M. in Johnson County, Iowa. (This property is located on the west side of Sioux Avenue SE, 3/4 of a mile north of its intersection with 660th Street SE in Fremont Twp.)

ORDINANCE 09-18-97-Z2

Zoning Application Z9728

AN ORDINANCE AMENDING THE JOHNSON COUNTY ZONING ORDINANCE BY CHANGING THE CLASSIFICATION OF CERTAIN PROPERTY FROM A1 TO RS

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 Fremont Township and comprised of approximately 1.30 acres of a 10 acre tract to wit:

The North 252.00 feet of the East 225.00 feet of the North 10 acres of the SE NE of Section 24; Township 77 North; Range 6 West of the 5th P.M. in Johnson County, Iowa, in accordance with deed in Book 1951 at Page 240.

is hereby changed from A1 to RS.

SECTION IV. REPEALER. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.

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 September 11, 1997, motion by Lacina, second by Duffy, to waive the requirement of three considerations before amending an ordinance and to approve Application Z9728 on first and second consideration. Roll call: aye: Bolkcom, Jordahl, Stutsman, Lacina, Duffy.

Motion by Duffy, second by Lacina, to approve Application Z9728 on final consideration and to approve Ordinance 09-18-97-Z2. Roll call: aye: Bolkcom, Jordahl, Stutsman, Lacina, Duffy.

Application Z9730 of Daryl Hynek, Swisher, requesting rezoning of 11.94 acres (6-lots) from A1 Rural to RS Suburban Residential of certain property described as being in the West 1/2 of Section 13; Township 81 North; Range 8 West and the East 1/2 of Section 18; Township 81 North; Range 7 West of the 5th P.M. in Johnson County, Iowa. (This property is located on the east and west side of Greencastle Avenue NW, approximately 1/2 of a mile south of its intersection with Blain Cemetery Road NW in Monroe and Jefferson Twp.)

ORDINANCE 09-18-97-Z3

Zoning Application Z9730

AN ORDINANCE AMENDING THE JOHNSON COUNTY ZONING ORDINANCE BY CHANGING THE CLASSIFICATION OF CERTAIN PROPERTY FROM A1 TO RS-10

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-10.

SECTION II. CHANGE IN CLASSIFICATION. The zoning classification of the following described real estate located in Monroe & Jefferson Townships and comprised of approximately 54.30 acres of a 120 acre tract to wit:

Commencing at the Northeast corner of Section 13; Township 81 North; Range 8 West of the 5th P.M., Johnson County, Iowa; thence South 01§ 31¢ 57" West, along the East line of the Northeast 1/4 of said Section 13, a distance of 1320.77 feet to the Point of Beginning; thence continuing South 01§ 31¢ 57" West, along said East line, 827.09 feet; thence South 89§ 59¢ 57" West, 514.62 feet; thence North 00§ 00¢ 00" East, 303.45 feet; thence South 90§ 00¢ 00" West, 803.57 feet; thence North 01§ 41¢ 41" East, 549.46 feet; thence South 88§ 52¢ 50" East, 1324.32 feet to said Point of Beginning, containing 19.93 acres.

Commencing at the East 1/4 corner of Section 13; Township 81 North; Range 8 West of the 5th P.M., Johnson County, Iowa; thence North 88§ 58¢ 03" West, 348.04 feet to the Point of Beginning; thence continuing North 88§ 58¢ 03" West, 990.04 feet; thence North 01§ 41¢ 41" East, 763.18 feet; thence South 90§ 00¢ 00" East, 803.87 feet; thence South 00§ 00¢ 00" East, 303.45 feet; thence North 89§ 59¢ 57" East, 176.21 feet; thence South 01§ 31¢ 57" West, 477.40 feet to said Point of Beginning, containing 16.27 acres.

Commencing at the East 1/4 corner of Section 13; Township 81 North; Range 8 West of the 5th P.M., Johnson County, Iowa; thence South 01§ 31¢ 10" West, along the East line of the Southeast 1/4 of said Section 13, a distance of 263.54 feet to the Point of Beginning; thence continuing South 01§ 31¢ 10" West, along said East line, 403.40 feet; thence North 88§ 53¢ 41" West, 1338.19 feet; thence North 01§ 31¢ 48" East, 655.25 feet; thence South 88§ 58¢ 03" East, 990.04 feet; thence South 01§ 31¢ 57" West, 259.84 feet; thence North 89§ 59¢ 57" East, 348.18 feet to said Point of Beginning, containing 18.10 acres.

is hereby changed from A1 to RS-10.

SECTION IV. REPEALER. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.

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 September 11, 1997, motion by Lacina, second by Jordahl, to waive the requirement of three considerations before amending an ordinance and to approve Application Z9730 as RS-10 zoning on first and second consideration. Roll call: aye: Bolkcom, Jordahl, Stutsman, Lacina, Duffy.

Motion by Jordahl, second by Bolkcom, to approve Application Z9730 on final consideration and to approve Ordinance 09-18-97-Z3. Roll call: aye: Bolkcom, Jordahl, Stutsman, Lacina, Duffy.

Application Z9731 of William and Mary Young, North Liberty, requesting rezoning of 20.43 acres from RS Suburban Residential to A1 Rural of certain property described as being in the NW 1/4 of the NW 1/4 of Section 35; Township 81 North; Range 7 West of the 5th P.M. in Johnson County, Iowa. (This property is located on the east side of Highway 965 NE, approximately 1/4 of a mile south of Mid River Marina Road NE in Madison Twp.)

ORDINANCE 09-18-97-Z4

Zoning Application Z9731

AN ORDINANCE AMENDING THE JOHNSON COUNTY ZONING ORDINANCE BY CHANGING THE CLASSIFICATION OF CERTAIN PROPERTY FROM RS TO A1

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 RS to A1.

SECTION II. CHANGE IN CLASSIFICATION. The zoning classification of the following described real estate located in Madison Township and comprised of approximately 20.43 acres of a 70.13 acre tract to wit:

A part of the Northwest 1/4 of Section 35; Township 81 North; Range 7 West of the 5th P.M., Johnson County, Iowa (also known as Outlot D of River Oaks II Subdivision) and more particularly described as follows: Commencing at the Northwest corner of said Section 35; thence South 00§ 27¢ 38" West along the West line of the Northwest 1/4 of said Section 35 a distance of 775.87 feet to a point on the Northerly right of way line of Highway 965; thence South 24§ 03¢ 20" East along said Northerly right of way a distance of 65.71 feet to the Point of Beginning of this description; thence North 70§ 15¢ 52" East a distance of 38.48 feet; thence Southeasterly 77.23 feet along a 50.00 foot radius curve concave Southwesterly whose 69.78 foot chord bears South 60§ 46¢ 09" East to a point of reverse curvature; thence Southeasterly 76.94 feet along a 60.00 foot radius curve concave Northeasterly whose 71.77 foot chord bears South 53§ 15¢ 14" East; thence South 89§ 59¢ 22" East a distance of 50.00 feet; thence Northeasterly 94.25 feet along a 60.00 foot radius curve concave Northwesterly whose 84.85 foot chord bears North 45§ 00¢ 38" East to a point of reverse curvature; thence Northeasterly 23.56 feet along a 15.00 foot radius curve concave Southeasterly whose 21.21 foot chord bears North 45§ 00¢ 38" East; thence South 89§ 59¢ 22" East a distance of 636.52 feet; thence Southeasterly 176.23 feet along a 267.00 foot radius curve concave Southwesterly whose 173.05 foot chord bears South 71§ 04¢ 51" East; thence South 52§ 10¢ 20" East a distance of 126.78 feet; thence Southeasterly 127.96 feet along a 333.00 foot radius curve concave Northeasterly whose 127.18 foot chord bears South 63§ 10¢ 52" East; thence South 00§ 14¢ 46" West a distance of 347.74 feet to the Southwest corner of the Northeast 1/4 of the Northwest 1/4 of said Section 35; thence South 00§ 14¢ 25" East a distance of 303.59 feet; thence South 89§ 58¢ 20" West a distance of 928.02 feet to a point on the Northerly right of way line of Highway 965; thence North 24§ 03¢ 20" West along said Northerly right of way line a distance of 896.17 feet to the Point of Beginning containing 20.43 acres more or less and being subject to all easements and restrictions of record.

is hereby changed from RS to A1.

SECTION IV. REPEALER. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.

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 September 11, 1997, motion by Lacina, second by Duffy, to waive the requirement of three considerations before amending an ordinance and to approve Application Z9731 on first and second consideration; and to approve Resolution 09-11-97-Z2. Roll call: aye: Bolkcom, Jordahl, Stutsman, Lacina, Duffy.

Motion by Duffy, second by Lacina, to approve Application Z9731 on final consideration and to approve Ordinance 09-18-97-Z4. Roll call: aye: Bolkcom, Jordahl, Stutsman, Lacina, Duffy.

Application Z9733 of Frank Schneider, C/O John Schneider, Iowa City, signed by Glen Meisner of MMS Consultants Inc., requesting rezoning of 4.59 acres from A1 Rural to RS Suburban Residential of certain property described as being in the NW 1/4 of Section 34; Township 80 North; Range 7 West of the 5th P.M. in Johnson County, Iowa. (This property is located on the west side of Jasper Avenue NW, approximately 1/2 of a mile south of its intersection with Iowa Highway 6 in Clear Creek Twp.)

ORDINANCE 09-18-97-Z5

Zoning Application Z9733

AN ORDINANCE AMENDING THE JOHNSON COUNTY ZONING ORDINANCE BY CHANGING THE CLASSIFICATION OF CERTAIN PROPERTY FROM A1 TO RS

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 Clear Creek Township and comprised of approximately 4.59 acres of a 59.09 acre tract to wit:

Beginning at the Southwest corner of Lot 2 of Forest Ridge Subdivision, Johnson County, Iowa, in accordance with the recorded plat thereof; thence North 88§ 16¢ 50" East along the Southerly line of said Forest Ridge Subdivision, 289.88 feet; thence South 82§ 10¢ 41" East, along said southerly line, 134.11 feet; thence South 88§ 51¢ 02" East, along said Southerly line, 200.42 feet; thence Southeasterly 147.37 feet, along said southerly line, on a 50.00 foot radius curve, concave Northeasterly, whose 99.53 foot chord bears South 83§ 17¢ 06" East; thence North 73§ 59¢ 51" East, 104.91 feet; thence Northeasterly, 42.88 feet, along said Southerly line, on a 50.00 foot radius curve, concave northwesterly, whose 41.57 foot chord bears North 49§ 25¢ 55" East; thence North 24§ 51¢ 58" East along said Southerly line, 57.71 feet; thence Northeasterly, 192.37 feet, along said Southerly line, on a 170.00 foot radius curve, concave Southeasterly, whose 182.27 foot chord bears North 57§ 17¢ 04" East; thence North 89§ 42¢ 09" East, along said Southerly line, 44.25 feet; thence Southeasterly, 78.54 feet, along said Southerly line, on a 50.00 foot radius curve, concave Southwesterly, whose 70.71 foot chord bears South 45§ 17¢ 51" East; thence South 00§ 17¢ 51" East, along said Southerly line, 172.05 feet; thence South 88§ 55¢ 00" East, along said Southerly line, 304.96 feet; thence South 00§ 17¢ 51" East, 23.81 feet; thence North 89§ 05¢ 09" East, 150.00 feet, to a point on the East line of the Northwest Quarter of Section 34; Township 80 North; Range 7 West of the 5th P.M., which point is 462.64 feet, South 00§ 17¢ 51" East, of the Northeast corner thereof; thence South 00§ 17¢ 51" East, along said East line, 524.05 feet; thence South 87§ 39¢ 41" West, 1428.26 feet; thence North 62§ 51¢ 08" West, 212.79 feet; thence North 48§ 27¢ 27" West, 316.87 feet, thence North 78§ 56¢ 20" West, 489.53 feet; thence North 55§ 51¢ 46" West, 327.40 feet; thence North 02§ 22¢ 50" East, 490.89 feet; thence South 88§ 55¢ 00" East, 760.42 feet; thence South 42§ 53¢ 19" East, 145.03 feet; thence South 78§ 56¢ 20" East, 143.26 feet, to a point on the West line of Lot 2 of said Forest Ridge Subdivision; thence South 00§ 00¢ 00" East, along said West line, 277.79 feet, to the Point of Beginning. The resultant tract of land contains 38.98 acres, more or less excepting therefrom the previously rezoned 34.4 acres (Z9333 corrected) described as: Beginning at the Southwest corner of Lot 2 of Forest Ridge Subdivision, Johnson County, Iowa, in accordance with the Recorded Plat thereof; thence North 88§ 16¢ 50" East, along the Southerly line of said Forest Ridge Subdivision, 289.88 feet; thence South 82§ 10¢ 41" East, along said Southerly line, 134.11 feet; thence South 88§ 51¢ 02" East, along said Southerly line, 200.42 feet; thence Southeasterly, 147.37 feet, along said Southerly line, on a 50.00 foot radius curve, concave Northeasterly , whose 99.53 foot chord bears South 83§ 17¢ 09" East; thence North 73§ 59¢ 51" East, 104.91 feet; thence Northeasterly, 42.88 feet, along said Southerly line, on a 50.00 foot radius curve, concave northwesterly, whose 41.57 foot chord bears North 49§ 25¢ 55" East; thence North 24§ 51¢ 58" seconds East, along said Southerly line, 57.71 feet; thence Northeasterly, 192.37 feet, along said Southerly line, on a 170.00 foot radius curve, concave Southeasterly, whose 182.27 foot chord bears North 57§ 17¢ 04" East; thence North 89§ 42¢ 09" East, along said Southerly line, 44.25 feet; thence Southeasterly, 78.54 feet, along said Southerly line, on a 50.00 foot radius curve concave Southwesterly, whose 70.71 foot chord bears South 45§ 17¢ 51" East; thence South 00§ 17¢ 51" East, along said Southerly line 172.05 feet; thence South 88§ 55¢ 00" East, along said southerly line, 304.96 feet; thence South 00§ 17¢ 51" East, 23.81 feet; thence North 89§ 05¢ 09" East, 150.00 feet, to a point on the East line of the Northwest Quarter of Section 34; Township 80 North; Range 7 West of the 5th P.M., which point is 462.64 feet, South 00§ 17¢ 51" East, of the Northeast corner thereof; thence South 00§ 17¢ 51" East, along said East line, 524.05 feet; thence South 87§ 39¢ 41" West, 1428.26 feet; thence North 62§ 51¢ 08" West, 212.79 feet; thence North 48§ 27¢ 27" West, 316.87 feet; thence North 78§ 56¢ 20" West, 489.53 feet; thence North 55§ 51¢ 46" West, 327.40 feet, thence North 03§ 56¢ 00" East, 355.40 feet; thence North 61§ 58¢ 02" East, 315.36 feet; thence South 78§ 56¢ 20" East, 732.22 feet, to a point on the West line of Lot 2 of said Forest Ridge Subdivision; thence South 00§ 00¢ 00" East, along said West line, 277.79 feet, to the Point of Beginning. Excepting therefrom the following proposed road right of way: Beginning at a point on the East line of the Northwest Quarter of Section 34; Township 80 North; Range 7 West of the 5th P.M., which is 1980.80 feet, South 00§ 17¢ 51" East, of the Northeast corner thereof; thence South 84§ 23¢ 23" West, along the centerline of a 60.00 foot wide private road right-of-way, 47.35 feet; thence South 87§ 39¢ 41" West along said road centerline, 1255.67 feet; thence Northwesterly, 153.17 feet, along said centerline, on a 200.00 foot radius curve, concave Northeasterly, whose 149.46 foot chord bears North 70§ 23¢ 53" West; thence North 48§ 27¢ 27" West, along said centerline, 223.26 feet; thence Northwesterly, 236.50 feet, along said centerline, on a 444.55 foot radius curve, concave Southwesterly, whose 233.72 foot chord bears North 63§ 11¢ 53" West; thence North 78§ 56¢ 20" West, along said centerline, 498.32 feet to the center radius point on a 50.00 foot cul-de-sac. Said tract contains 34.4 acres.

is hereby changed from A1 to RS.

SECTION IV. REPEALER. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.

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 September 11, 1997, motion by Lacina, second by Duffy, to waive the requirement of three considerations before amending an ordinance and to approve Application Z9733 on first and second consideration. Roll call: aye: Bolkcom, Stutsman, Lacina, Duffy: abstain: Jordahl.

Motion by Lacina, second by Bolkcom, to approve Application Z9733 on final consideration and to approve Ordinance 09-18-97-Z5. Roll call: aye: Bolkcom, Stutsman, Lacina, Duffy: abstain: Jordahl.

Application Z9734 of Dean Oakes, Iowa City, signed by Glen Meisner of MMS Consultants Inc., requesting rezoning of 1.96 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 17; Township 80 North; Range 7 West of the 5th P.M. in Johns County, Iowa. (This property is located on the west side of Ireland Avenue NW, approximately 1/2 mile south of its intersection with 260th Street NW in Madison Twp.)

ORDINANCE 09-18-97-Z6

Zoning Application Z9734

AN ORDINANCE AMENDING THE JOHNSON COUNTY ZONING ORDINANCE BY CHANGING THE CLASSIFICATION OF CERTAIN PROPERTY FROM A1 TO RS

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 Madison Township and comprised of approximately 1.96 acres of a 140 acre tract to wit:

Commencing at the Northeast Corner of the Southeast 1/4 of the Northeast 1/4 of Section 17; Township 80 North; Range 7 West of the 5th P.M., Johnson County, Iowa; thence North 89§ 50¢ 38" West, 35.39 feet to the Point of Beginning; thence South 00§ 42¢ 46" West, 335.45 feet; thence North 89§ 50¢ 38" West, 253.00 feet; thence North 00§ 11¢ 55" East, 335.43 feet; thence South 89§ 50¢ 38" East, 256.01 feet to the Point of Beginning, containing 1.96 acres, more or less.

is hereby changed from A1 to RS.

SECTION IV. REPEALER. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.

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 September 11, 1997, motion by Lacina, second by Duffy, to waive the requirement of three considerations before amending an ordinance and to approve Application Z9734 on first and second consideration. Roll call: aye: Bolkcom, Jordahl, Stutsman, Lacina, Duffy.

Motion by Duffy, second by Lacina, to approve Application Z9734 on final consideration and to approve Ordinance 09-18-97-Z6. Roll call: aye: Bolkcom, Jordahl, Stutsman, Lacina, Duffy.

Application Z9735 of Dean Oakes, Iowa City, requesting rezoning of 1.99 acres from A1 Rural to RS Suburban Residential of certain property described as being in the NE 1/4 of the SW 1/4 of Section 13; Township 80 North; Range 6 West of the 5th P.M. in Johnson County, Iowa. (This property is located on the east side of Newport Road NE, approximately 1/4 of a mile south of Sugar Bottom Road NE in Newport Twp.)

ORDINANCE 09-18-97-Z7

Zoning Application Z9735

AN ORDINANCE AMENDING THE JOHNSON COUNTY ZONING ORDINANCE BY CHANGING THE CLASSIFICATION OF CERTAIN PROPERTY FROM A1 TO RS

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 Newport Township and comprised of approximately 1.99 acres of a 2.5 acre tract to wit:

Commencing at the Southwest Corner of the Northeast 1/4 of the Southwest 1/4 of Section 13; Township 80 North; Range 6 West of the 5th P.M., in Johnson County Iowa; thence North 00§ 21¢ 35" West along the west line of the Southwest 1/4, 88.66 feet; thence North 89§ 54¢ 55" East, 140.58 feet to the Point of Beginning; thence North 01§ 36¢ 01" East, 200.09 feet; thence North 89§ 54¢ 55" East, 433.42 feet; thence South 01§ 36¢ 01" West, 200.09 feet; thence South 89§ 54¢ 55" West, 433.42 feet to the Point of Beginning containing 1.99 acres, more or less.

is hereby changed from A1 to RS.

SECTION IV. REPEALER. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.

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 September 11, 1997, motion by Lacina, second by Bolkcom, to waive the requirement of three considerations before amending an ordinance and to approve Application Z9735 on first and second consideration. Roll call: aye: Bolkcom, Jordahl, Stutsman, Lacina, Duffy.

Motion by Lacina, second by Duffy, to approve Application Z9735 on final consideration and to approve Ordinance 09-18-97-Z7. Roll call: aye: Bolkcom, Jordahl, Stutsman, Lacina, Duffy.

Application S9746 of Clarence S. Brant Estate, signed by Betty Scheetz-Morris, Executor, requesting preliminary and final plat approval of C. S. Brant's Subdivision, a subdivision described as being located in the East 1/2 of the NE 1/4 of Section 17; Township 80 North; Range 7 West of the 5th P.M. in Johnson County, Iowa. (This is a 2-lot, 7.24 acre, farmstead split and residential subdivision, located on the west side of Ireland Avenue NW, approximately 1/8 of a mile south of 260th Street NW in Madison Twp.)

RESOLUTION 09-18-97-Z1

APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF C. S. BRANT'S SUBDIVISION, JOHNSON COUNTY, IOWA.

WHEREAS, the owner has filed application S9746 for approval of a preliminary and final plat of C. S. Brant's 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; Subdivider's Agreement; Fence Agreement; Resolution Affirming the Stability of the Current Road System

Motion by Lacina, second by Duffy, to approve Resolution 09-18-97-Z1.

Application S9749 of Frank Schneider, C/O John Schneider, signed by Glen Meisner of MMS Consultants Inc., requesting preliminary plat approval of A Replat of Forest Ridge, Part Two, a subdivision described as being located in the NW 1/4 of Section 34; Township 80 North; Range 7 West of the 5th P.M. in Johnson County, Iowa. (This is a 34 (32 residential lots and 2-outlots), 59.09 acre, residential subdivision, located on the west side of Jasper Avenue NW, on the north side of I-80 in Clear Creek Twp.)

RESOLUTION 09-18-97-Z2

APPROVING THE PRELIMINARY PLAT OF A REPLAT OF FOREST RIDGE PART TWO, JOHNSON COUNTY, IOWA.

WHEREAS, the owner has filed application S9749 for approval of a preliminary plat of A Replat of Forest Ridge Part Two, 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 Duffy, second by Lacina, to approve Resolution 09-18-97-Z2. Roll call: aye: Bolkcom, Stutsman, Duffy, Lacina; abstain: Jordahl.

Motion by Lacina, second by Duffy, to approve and authorize the Chairperson to sign: a Renewal Application for Class C Liquor License, and Application For Sunday Sales Privilege for North Liberty American Legion Club 76, North Liberty, as submitted by Daniel Jahnke.

Motion by Lacina, second by Bolkcom, to approve and authorize the Chairperson to sign the contract for videotaping for formal board meetings with Andy Small from The Video Center.

PROCLAMATION 09-18-97-01

ARC OF JOHNSON COUNTY 40TH ANNIVERSARY

OCTOBER 1 - 5, 1997

WHEREAS, The Arc of Johnson County began supporting people with mental retardation and their families in 1957 with a small membership of parents.

AND WHEREAS, Today, over 3000 Johnson County Citizens with mental retardation and development disabilities contribute to Johnson County by living, working, learning and recreating in our communities.

AND WHEREAS, The Arc of Johnson County and the membership have worked progressively with United Way, Goodwill Industries of Southeast Iowa, Handicare, Systems Unlimited and other organizations addressing community needs and expanding services to persons with disabilities in our county.

AND WHEREAS, The Arc of Johnson County supports people and their families through:

Respite care - giving the gift of time to parents of children with disabilities;

Employment Services - bringing an untapped labor pool to local businesses and economic independence to persons with disabilities;

Advocacy - teaching persons with disabilities, their families and our communities how to better work together; and

Prevention - educating community members about proper prenatal care to enhance the likelihood of healthy babies.

AND WHEREAS, The Arc of Johnson County will be celebrating its 40th Anniversary of shaping vital employment, educational, and fundraising initiatives;

THEREFORE, The Johnson County Board of Supervisors does hereby proclaim October 1 - 5 as THE ARC OF JOHNSON COUNTY WEEK and call upon businesses, friends, families, neighbors, and community members to give full support recognizing 40 years of service and celebrate the successes and contributions that people with disabilities make to our community.

Motion by Lacina, second by Duffy, to approve and authorize the Chairperson to sign Proclamation 09-18-97-01.

Adjourned to informal meeting of September 18, 1997 at 10:00 a.m.

/s/ Sally Stutsman, Chair, Board of Supervisors

Attest: Tom Slockett, Auditor

By Casie Parkins, Recording Secretary

These minutes were sent for publication and formal approval on September 25, 1997.