October 16, 1997 Formal Meeting

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

OCTOBER 16, 1997

Chairperson Stutsman called the Johnson County Board of Supervisors to order in the Johnson County Administration Building at 9:02 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 Duffy, second by Jordahl, to approve the claims on the Auditor's Claim Register, as approved by a majority of the Supervisors.

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

Motion by Lacina, second by Duffy, to approve and authorize the Chairperson to sign a Retail Cigarette Permit for Swisher Sinclair, Swisher, as submitted by Norman Buchheit.

Motion by Bolkcom, second by Lacina, to place on file the Clerk's Report of Fees Collected for the month of September, 1997, in the amount of $3,126.35, as submitted by Clerk of District Court Edward Steinbrech.

Motion by Duffy, second by Lacina, to accept the County Auditor's Quarterly Report of Fees Collected for the quarter ending September 30, 1997, in the amount of $4,308.84, as submitted by County Auditor Tom Slockett.

Motion by Bolkcom, second by Lacina, to approve the minutes of the formal meeting for the Iowa City Primary Election canvass of votes of October 9, 1997 and the minutes of the formal meeting of October 9, 1997.

Application Z9736 of Ronald Johnson, owner, Oxford, signed by Randy Johnson, Coralville, 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 NE 1/4 of Section 26; Township 79 North; Range 8 West of the 5th P.M. in Johnson County, Iowa. (This property is located on the south side of Rohret Road SW, approximately 1/2 mile west of its intersection with Hardin Road SW and Cosgrove Road SW in Hardin Twp.)

ORDINANCE 10-16-97-Z1

Zoning Application Z9736

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 Hardin Township and comprised of approximately 1.00 acres of a 158.00 acre tract to wit:

Commencing at the North 1/4 corner of Section 26; Township 79 North; Range 8 West of the 5th P.M. in Johnson County, Iowa; thence South 01§ 00¢ 51" East along the west line of the Northeast 1/4 of said Section 26, a distance of 435.97 feet; thence North 88§ 55¢ 58" East, a distance of 50.00 feet to the Point of Beginning; thence continuing North 88§ 55¢ 58" East, a distance of 190.05 feet; thence South 01§ 00¢ 51" East, a distance of 229.23 feet; thence South 88§ 55¢ 58" West, a distance of 190.05 feet; thence North 01§ 00¢ 51" West, a distance of 229.23 feet to the Point of Beginning containing 1.00 acre more or less.

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 October 9, 1997, on motion by Lacina, second by Duffy, to waive the requirement of three considerations before amending an ordinance and to approve Application Z9736 on first and second consideration. Roll call: aye: Bolkcom, Jordahl, Stutsman, Lacina, Duffy.

Motion by Lacina, second by Bolkcom, to approve Application Z9736 on final consideration and to approve Ordinance 10-16-97-Z1. Roll call: aye: Bolkcom, Jordahl, Stutsman, Lacina, Duffy.

Application Z9737 of Betty Grabin, Oxford, owner, signed by Lane Lacina, Oxford, 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 SE 1/4 of Section 9; Township 80 North; Range 8 West of the 5th P.M. in Johnson County, Iowa. (This property is located in the north side of 255th Street NW, approximately 1/2 mile east of its intersection with Cemetery Road NW in Oxford Twp.)

ORDINANCE 10-16-97-Z2

Zoning Application Z9737

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 Oxford Township and comprised of approximately 1.99 acres of a 435 acre tract to wit:

A portion of the NE 1/4 SE 1/4, Section 9, T. 80 N., R. 8 W., of the 5th P.M., Oxford Township, Johnson County, Iowa, described as follows: Beginning at a point on the east line of said NE 1/4 SE 1/4, Section 9 lying 870 feet south of the E 1/4 corner thereof; thence west 248 feet; thence south 350 feet; thence east 248 feet to said east line; thence north 350 feet along said east line to the Point of Beginning. Said RS Parcel contains 1.99 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 October 9, 1997, on motion by Jordahl, second by Stutsman, to waive the requirement of three considerations before amending an ordinance and to approve Application Z9737 on first and second consideration. Roll call: aye: Bolkcom, Jordahl, Stutsman, Lacina, Duffy.

Motion by Bolkcom, second by Jordahl, to approve Application Z9737 on final consideration and to approve Ordinance 10-16-97-Z2. Roll call: aye: Bolkcom, Jordahl, Stutsman, Lacina, Duffy.

RESOLUTION 10-16-97-Z1

SETTING PUBLIC HEARING FOR PLATTING AND ZONING APPLICATIONS; AMENDMENT TO THE JOHNSON COUNTY ZONING ORDINANCE; FRINGE AREA AGREEMENT WITH THE CITY OF SWISHER; AND AN AMENDMENT TO THE FRINGE AREA AGREEMENT WITH IOWA CITY

Whereas the Johnson County Planning and Zoning Commission, following a public hearing, on October 13, 1997, has 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 13th day of November, 1997, at 7:00 p.m. in the Board Room, Johnson County Administration Building, 913 South Dubuque Street, Iowa City, Iowa, on the following applications: Z9729 (Fobian), Z9742 (Rossman), Z9743 (Rummelhart/Knottnerus), Z9744 (MacKenzie), Z9745 (Hotz), S9754 (Johnson), S9760 (Wells), S9761 (MacKenzie), S9763 (Hynek), S9764 (Lawton), S9765 (Stoddard), S9766 (Streb), S9768 (Rummelhart), S9769 (See), S9770 (Cross), Amendment to the Johnson County Zoning Ordinance, Chapter 8:1.34, Fringe Area Agreement between the City of Swisher and Johnson County, and an Amendment to the Johnson County / Iowa City Fringe Area Agreement.

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

Motion by Bolkcom, second by Lacina, to approve Resolution 10-16-97-Z1.

Motion by Lacina, second by Bolkcom, to approve designating the mailroom on the first floor of the Administration Building for the Human Resource Administrator's office on a temporary basis and rescinding the previous motion designating the mailroom as a storage room for the Treasurer's Office.

Adjourned to informal meeting of October 14 and 16, 1997 at 9:16 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 October 23, 1997.