November 18, 1997 Formal Meeting

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

NOVEMBER 18, 1997

Vice-Chairperson Bolkcom called the Johnson County Board of Supervisors to order in the Johnson County Administration Building at 9:55 a.m. Members present were: Joseph Bolkcom, Jonathan Jordahl, Stephen Lacina, and Charles Duffy; absent: Sally Stutsman.

Unless otherwise noted, all actions were taken with the following vote: aye: Bolkcom, Jordahl, Lacina, Duffy; absent: Stutsman.

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

Motion by Lacina, second by Jordahl, to approve the minutes of the formal meeting of November 13, 1997.

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

PROCLAMATION 11-18-97-01
WORLD AIDS DAY
1 DECEMBER 1997

Whereas, the global spread of HIV infection and AIDS necessitates a worldwide effort to increase communication, education and action to stop the spread of HIV/AIDS; and,

Whereas, the Joint United Nations Program on HIV/AIDS (UNAIDS) observes December 1 of each year as World AIDS Day, a day to expand and strengthen the worldwide effort to stop the spread of HIV/AIDS; and,

Whereas, UNAIDS estimates that over 21.8 million people are currently living with HIV/AIDS, with children under the age of 15 years accounting for 830,000 of the cases; and,

Whereas, the American Association for the World Health is encouraging a better understanding of the challenge of HIV/AIDS nationally as it recognizes that the number of people diagnosed with HIV and AIDS in the United States continues to increase, with over 581,429 AIDS cases reported (as of December 31, 1996); and,

Whereas, World AIDS Day provides an opportunity to focus on HIV infection and AIDS, caring for people with HIV infection and AIDS, and learning about HIV/AIDS; and

Whereas, the 1997 World AIDS Day theme "Give Children Hope in a World with AIDS" (a) urges the world to contemplate the long-term repercussions of the AIDS pandemic, (b) recognizes that everyone can do something about the pandemic through prevention, education, and compassion and (c) emphasizes the hope of finding the means to prevent and cure HIV/AIDS in the ultimate prospect of minimizing the impact of the epidemic on children, their families and their communities;

Therefore, I, Joe Bolkcom, do hereby declare 1 December 1997 as World AIDS Day and urge all citizens to take part in activities and observances designed to increase awareness and understanding of HIV/AIDS as a global challenge, to take part in HIV/AIDS prevention activities and programs and to join the global effort to prevent the further spread of HIV/AIDS.

Motion by Lacina, second by Jordahl, to approve Proclamation 11-18-97-01.

Motion by Lacina, second by Duffy, to place on file the Clerk's Report of Fees Collected for the month of October 1997, in the amount of $2,977.01, as submitted by Clerk of District Court Edward Steinbrech.

Application Z9729 of Fobian Farms Inc., West Branch, signed by Carl Fobian, requesting rezoning of 2.5 acres from CH Highway Commercial to C2 Commercial of certain property described as being in the NE 1/4 of the NE 1/4 of Section 11; Township 79 North; Range 5 West of the 5th P.M. in Johnson County, Iowa (This property is located in the southwest quadrant of Herbert Hoover Highway NE and Oasis Road NE in Scott Twp.)

On November 13, 1997 motion by Lacina, second by Duffy, to waive the requirement of three considerations before amending an ordinance and to approve Application Z9729 on first and second consideration. Roll call: aye: Jordahl, Lacina, Duffy; nay: Stutsman, Bolkcom. (This motion constitutes passage on first consideration only due to the lack of three-fourths of the entire Board voting aye.)

Motion by Lacina, second by Jordahl, to waive the requirement of three considerations before amending an ordinance and to approve Application Z9729 on second and final consideration. Roll call: aye: Jordahl, Lacina, Duffy; nay: Bolkcom; absent: Stutsman. (This motion constitutes passage on second consideration only due to the lack of three-fourths of the entire Board voting aye.)

Application Z9742 of Richard Rossman, Riverside, requesting rezoning of 5.0 acres from A1 Rural to RS-5 Suburban Residential of certain property described as being in the NE 1/4 of the SW 1/4 of Section 12; Township 77 North; Range 6 West of the 5th P.M. in Johnson County, Iowa (This property is located on the east side of River Junction Road SE, approximately 0.2 of a mile south of Otter Creek Road SE in Fremont Twp.)

ORDINANCE 11-18-97-Z1
Zoning Application Z9742
AN ORDINANCE AMENDING THE JOHNSON COUNTY ZONING ORDINANCE BY CHANGING THE CLASSIFICATION OF CERTAIN PROPERTY FROM A1 TO RS-5

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-5.

SECTION II. CHANGE IN CLASSIFICATION. The zoning classification of the following described real estate located in Fremont Township and comprised of approximately 5.0 acres of a 12.5 acre tract to wit:

The North 5 acres of the following described parcel: Beginning at the Northeast corner of the southwest Quarter of Section 12; Township 77 North; Range 6 West of the 5th P.M. in Johnson County, Iowa; thence West along the north line of the Southwest Quarter, 669.5 feet to the public road; thence South 31§ 45¢ East along the public road 907.5 feet; thence South 5§ 45¢ East along the public road 96 feet; thence South 10§ 5¢ West along the public road to the South line of the NE 1/4 of the SW 1/4; thence East along that line to the East line of the NE 1/4 of the SW 1/4; thence North along that line to the Point of Beginning, said tract containing 12.5 acres more or less.

is hereby changed from A1 to RS-5

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 November 13, 1997 motion by Lacina, second by Bolkcom, to waive the requirement of three considerations before amending an ordinance and to approve Application Z9742 on first and second consideration. Roll call: aye: Bolkcom, Jordahl, Stutsman, Lacina, Duffy.

Motion by Lacina, second by Duffy, to approve Application Z9742 on final consideration and to approve Ordinance 11-18-97-Z1. Roll call: aye: Bolkcom, Jordahl, Lacina, Duffy; absent: Stutsman.

Application of Z9743 of Robert Rummelhart, Riverside, signed by Randy Knottnerus, requesting rezoning of 3.5 acres (a 1.95 acre and 1.54 acre parcel) from A1 Rural to RS Suburban Residential of certain property described as being Lot 1 of Rummelhart's 1st Subdivision located in the SW 1/4 of the NW 1/4 of Section 21; Township 78 North; Range 6 West of the 5th P.M. in Johnson County, Iowa (This property is located on the north side of the "Y" intersection of Observatory Avenue SW and Ruppenkamps Road SW in Liberty Twp.)

ORDINANCE 11-18-97-Z2
Zoning Application Z9743
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 7.9 acre tract to wit:

Beginning at the Southwest Corner of Lot 1 of Rummelhart's First Subdivision to Johnson County, Iowa, recorded in Book 22 at Page 42 in the Office of the Johnson County Recorder; thence North 35§ 11¢ 23" West, along the centerline of Ruppenkamps Road SW, 5.82 feet; thence North 32§ 24¢ 58" West, along said centerline, 180.31 feet; thence North 29§ 22¢ 21" West, along said centerline, 36.73; thence North 89§ 51¢ 12" East, 559.26 feet to a point on the centerline of Observatory Avenue SW; thence South 24§ 36¢ 32" West along said centerline, 86.03 feet to the Southeast corner of said Lot 1; thence South 74§ 31¢ 47" West, along the Southerly line of said Lot 1, a distance of 420.65 feet to said Point of Beginning. Said zoning lot contains 1.54 acres and is subject to easements and restrictions of record.

Commencing at the Southeast Corner of Lot 1 of Rummelhart's First Subdivision to Johnson County, Iowa, recorded in Book 22 at Page 42 in the Office of the Johnson County Recorder; thence North 24§ 36¢ 32" East along the centerline of Observatory Avenue SW, 86.03 feet; thence South 89§ 51¢ 12" West, 55.06 feet; thence North 24§ 36¢ 32" East, 1.10 feet to the Point of Beginning; thence South 89§ 51¢ 12" West, 482.30 feet to a point on the Easterly Right-of-Way line of Ruppenkamps Road SW; thence North 29§ 22¢ 21" West, along said Right-of-Way line, 174.38 feet; thence North 89§ 51¢ 12" East, 635.35 feet to a point on the Westerly Right-of-Way of Observatory Avenue SW; thence 61.18 feet along said Right-of-Way line and an arc of a 904.92 foot radius curve, concave Northwesterly, whose 61.17 foot chord bears South 22§ 40¢ 19" West; thence South 24§ 36¢ 32" East, along said Right-of-Way line, 105.49 feet to said Point of Beginning. Said zoning lot contains 1.95 acres and is subject to easements and restrictions of record.

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 November 13, 1997 motion by Lacina, second by Duffy, to waive the requirement of three considerations before amending an ordinance and to approve Application Z9743 on first and second consideration. Roll call: aye: Bolkcom, Jordahl, Lacina, Duffy; abstain: Stutsman.

Motion by Lacina, second by Duffy, to approve Application Z9743 on final consideration and to approve Ordinance 11-18-97-Z2. Roll call: aye: Bolkcom, Jordahl, Lacina, Duffy; absent: Stutsman.

Application Z9744 of William MacKenzie, Iowa City, requesting rezoning of 1.99 acres from A1 Rural to RS Suburban Residential of certain property described as being in the NW 1/4 of Section 9; Township 78 North; Range 6 West of the 5th P.M. in Johnson County, Iowa (This property is located in the southeast quadrant of Dane Road SW and 480th Street SW in Liberty Twp.)

ORDINANCE 11-18-97-Z3
Zoning Application Z9744
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 1.99 acres of a 28.99 acre tract to wit:

Commencing at the Northwest Corner of Section 9; Township 78 North; Range 6 West of the 5th P.M., Johnson County, Iowa; thence South 00§ 00¢ 46" East, along the West line of the Northwest 1/4 of said Section 9, a distance of 345.29 feet to the Point of Beginning; thence North 89§ 59¢ 14" East, 366.13 feet; thence South 00§ 00¢ 00" East, 266.63 feet; thence South 89§ 59¢ 14" West, 228.33 feet; thence North 00§ 00¢ 46" West, 79.34 feet; thence South 89§ 59¢ 14" West, 137.74 feet to a point on said West line; thence North 00§ 00¢ 46" West, along said West line, 187.29 feet to said Point of Beginning, containing 1.99 acres and is subject to easements and restrictions of record.

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 November 13, 1997 motion by Bolkcom, second by Lacina, to waive the requirement of three considerations before amending an ordinance and to approve Application Z9744 on first and second consideration. Roll call: aye: Bolkcom, Jordahl, Stutsman, Lacina, Duffy.

Motion by Duffy, second by Jordahl, to approve Application Z9744 on final consideration and to approve Ordinance 11-18-97-Z3. Roll call: aye: Bolkcom, Jordahl, Lacina, Duffy; absent: Stutsman.

Application Z9745 of Arlene Hotz, Iowa City, requesting rezoning of 5.0 acres from A1 Rural to RS-5 Suburban Residential of certain property described as being in the NE 1/4 of the SE 1/4 of Section 18; Township 78 North; Range 5 West of the 5th P.M. in Johnson County, Iowa (This property is located on the west side of Taft Avenue SE, approximately 1/4 of a mile north of its intersection with 520th Street SE in Pleasant Valley Twp.)

ORDINANCE 11-18-97-Z4
Zoning Application Z9745
AN ORDINANCE AMENDING THE JOHNSON COUNTY ZONING ORDINANCE BY CHANGING THE CLASSIFICATION OF CERTAIN PROPERTY FROM A1 TO RS-5

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-5.

SECTION II. CHANGE IN CLASSIFICATION. The zoning classification of the following described real estate located in Pleasant Valley Township and comprised of approximately 5.0 acres of a 41.47 acre tract to wit:

Commencing at the Northeast Corner of the Southeast 1/4 of Section 18; Township 78 North; Range 5 West of the 5th P.M.; thence South 00§ 22¢ 42" West, along the East line of said Southeast 1/4, 628.25 feet; thence North 89§ 37¢ 18" West, 33.00 feet, to the Point of Beginning; thence South 00§ 22¢ 42" West, 518.08 feet; thence North 89§ 37¢ 18" West, 420.40 feet; thence North 00§ 22¢ 42" East, 518.08 feet; thence South 89§ 37¢ 18" East, 420.40 feet, to the Point of Beginning. Said tract of land contains 5.00 acres.

is hereby changed from A1 to RS-5

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 November 13, 1997 motion by Lacina, second by Duffy, to waive the requirement of three considerations before amending an ordinance and to approve Application Z9745 on first and second consideration. Roll call: aye: Bolkcom, Jordahl, Stutsman, Lacina, Duffy.

Motion by Lacina, second by Duffy, to approve Application Z9745 on final consideration and to approve Ordinance 11-18-97-Z4. Roll call: aye: Bolkcom, Jordahl, Lacina, Duffy; absent: Stutsman.

Application S9768 of Robert Rummelhart requesting preliminary and final plat approval of Rummelhart's Second Subdivision (A Resubdivision of Lot 1 of Rummelhart's 1ST Subdivision) a subdivision described as being located in the SW 1/4 of the NW 1/4 of Section 21; Township 78 North; Range 6 West of the 5th P.M. in Johnson County, Iowa (This is a 2-lot, 7.9 acre, residential subdivision, located on the north side of the "Y" intersection of Observatory Avenue SW and Ruppenkamps Road SW in Liberty Twp.)

Motion by Lacina, second by Jordahl, to defer Application S9768 for one week.

Application S9761 of William MacKenzie requesting preliminary and final plat approval of Mackenzie Manor, a subdivision described as being located in the NW 1/4 of Section 9; Township 78 North; Range 6 West of the 5th P.M. in Johnson County, Iowa (This is a 2-lot, 28.99 acre, one lot residential and one lot farmstead split, located in the SE quadrant of Dane Road and 480th Street SW intersection in Liberty Twp.)

RESOLUTION 11-18-97-Z1
APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF MACKENZIE MANOR, JOHNSON COUNTY, IOWA.

WHEREAS, the owner has filed application S9761 for approval of a preliminary and final plat of MacKenzie Manor, 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 Hills; Owner Certificate; Title Opinion; Treasurer's Certificate; Consent of Mortgagee; Access Easement; Fence Agreement; Subdivider's Agreement; Resolution Affirming the Stability of the Current Road System

Motion by Lacina, second by Jordahl, to approve Resolution 11-18-97-Z1.

Application S9760 of Al Wells requesting final plat approval of Lake Land Subdivision, Part One, a subdivision described as being located in the SE 1/4 of the SE 1/4 of Section 22; and the SW 1/4 of the SW 1/4 of Section 23; all in Township 81 North; Range 6 West of the 5th P.M. in Johnson County, Iowa (This is a 6-lot, 30.76 acre, residential (A2) subdivision, located on the north side of 180th Street NE, approximately 7/8 of a mile west of Solon in Big Grove Twp.)

RESOLUTION 11-18-97-Z2
APPROVING THE FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF LAKE LAND SUBDIVISION, PART ONE, JOHNSON COUNTY, IOWA.

WHEREAS, the owner has filed application S9760 for approval of a final plat of Lake Land Subdivision, Part One, 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 Solon; Owner Certificate; Title Opinion; Treasurer's Certificate; Consent of Mortgagee; Access Easements; Well Easements Agreement; Fence Agreement; Subdivider's Agreement; Soil Erosion & Sediment Control Plan; Resolution Affirming the Stability of the Current Road System

Motion by Jordahl, second by Lacina, to approve Resolution 11-18-97-Z2.

Motion by Duffy, second by Jordahl, to approve proposed rent increase in General Assistance Guidelines by $50 per assist.

Recessed at 10:22 a.m.; reconvened at 10:25 a.m.

RESOLUTION 11-18-97-Z3
APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF RUMMELHART'S SECOND SUBDIVISION, JOHNSON COUNTY, IOWA.

WHEREAS, the owner has filed application S9768 for approval of a preliminary and final plat of Rummelhart's Second 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; Consent of Mortgagee; Fence Agreement; Subdivider's Agreement; Subdivider's Agreement; Agreement nullifying original regarding no more splits; Resolution Affirming the Stability of the Current Road System

Motion by Duffy, second by Lacina, to rescind the former motion to defer Application S9768 and to approve Resolution 11-18-97-Z3.

Adjourned at 10:30 a.m.

Sally Stutsman, Chair, Board of Supervisors

Attest: Tom Slockett, Auditor

By Melinda McCleary, Recording Secretary

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