November 25, 1997 Formal Meeting

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

NOVEMBER 25, 1997

Chairperson Stutsman called the Johnson County Board of Supervisors to order in the Johnson County Administration Building at 10:01 a.m. Members present were: Jonathan Jordahl, Sally Stutsman, Stephen Lacina, and Charles Duffy; absent: Joseph Bolkcom.

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

Motion by Lacina, second by Duffy, to approve and authorize the Chairperson to sign the FY ‘98 Nutrition Contract with Heritage Area Agency on Aging for Senior Dining in the amount of $367,704.

Recessed at 10:10 a.m.; reconvened at 11:01 a.m.

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 Duffy, to approve the minutes of the formal meeting of November 18, 1997. Roll call: aye: Jordahl, Duffy, Lacina; abstain: Stutsman; absent: Bolkcom.

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

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.)

ORDINANCE 11-25-97-Z1
Zoning Application Z9729
AN ORDINANCE AMENDING THE JOHNSON COUNTY ZONING ORDINANCE BY CHANGING THE CLASSIFICATION OF CERTAIN PROPERTY FROM
CH TO C2

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 CH to C2.

SECTION II. CHANGE IN CLASSIFICATION. The zoning classification of the following described real estate located in Scott Township and comprised of approximately 2.5 acres of a 40 acre tract to wit:

The North 330 feet of the East 330 feet of the NE 1/4 of Section 11; Township 79 North; Range 5 West of the 5th P.M. in Johnson County, Iowa.

is hereby changed from CH to C2

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 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.)

On November 18, 1997, 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.)

Motion by Lacina, second by Duffy, to approve Application Z9729 on final consideration and to approve Ordinance 11-25-97-Z1. Roll call: aye: Jordahl, Lacina, Duffy; nay: Stutsman; absent: Bolkcom.

Request to amend Ordinance 12-19-96-Z2 and Application Z9653 of Art Hoeffer by amending the legal description of property located in the Lot 3, Timberwood Estates, NE 1/4 of Section 18; Township 81 North; Range 7 West of the 5th P.M. in Johnson County, Iowa.

ORDINANCE 11-25-97-Z2
Zoning Application Z9653
AMENDING ORDINANCE BY CHANGING THE
LEGAL DESCRIPTION OF REAL ESTATE.

SECTION I. PURPOSE. The purpose of this ordinance is to amend the Ordinance by changing the legal description of the real estate described in Section II therein.

SECTION II. DELETION AND INSERTION. In ordinance the following legal description is deleted:

Commencing at the Southeast corner of the Southeast 1/4 of the Northeast 1/4 of Section 18; Township 81 North; Range 7 West of the 5th P.M., Johnson County, Iowa; thence South 88§ 06¢ East along the Southern line of said Southeast 1/4, 407.7 feet to a point on the westerly Right-of-Way line of Seneca Road; thence North 88§ 06¢ West along said southern line 220.4 feet; thence North 01§ 54¢ East, 500.00 feet; thence south 88§ 06¢ East, 176.6 feet to a point on said Westerly Right-of-Way line; thence South 06§ 34¢ West along said Right-of-Way line 280.8 feet; thence south 13§ 05¢ East along said Right-of-Way line, 199.9 feet; thence South 26§ 54¢ East, 30.8 feet to said Point of Beginning. Said tract of land contains 1.99 acres.

And the following legal description is substituted in its place:

Commencing at the Southeast Corner of Lot 3, Timberwood Estates to Johnson County, Iowa as recorded in Book 37 at Page 346 in the Office of the Johnson County Record; thence North 87§ 21¢ 51" West, along the south line of said Lot 3, a distance of 37.88 feet to a point on the westerly Right-of-Way line of Seneca Road NW and the Point of Beginning; thence North 87§ 21¢ 51" West, along said south line, 16.37 feet; thence South 89§ 42¢ 53" West, along said south line 265.30 feet; thence North 00§ 00¢ 00" East, 355.98 feet; thence North 89§ 42¢ 53" East, 240.85 feet to a point on said Right-of-Way line; thence South 06§ 33¢ 40" West along said Right-of-Way line, 140.07 feet; thence south 13§ 05¢ 20" East along said Right-of-Way line, 199.94 feet; thence South 26§ 54¢ 20" East along said Right-of-Way line, 25.47 feet to said Point of Beginning. Said tract contains 1.99 acres.

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 the request to amend the legal description of Ordinance 12-19-96-Z2 and Application Z9653 on first and second consideration. Roll call: aye: Bolkcom, Jordahl, Stutsman, Lacina, Duffy.

Motion by Duffy, second by Lacina, to approve the request to amend the legal description of Ordinance 12-19-96-Z2 and Application Z9653 on final consideration and to approve Ordinance 11-25-97-Z2. Roll call: aye: Jordahl, Stutsman, Lacina, Duffy; absent: Bolkcom.

Motion by Lacina, second by Duffy, to approve and authorize the Chairperson to sign: a Renewal Application for Class C Beer Permit, and Application For Sunday Sales Privilege for Bryson-Clark LTD, Swisher, as submitted by Barbara S. Clark and James M. Bryson.

Motion by Lacina, second by Duffy, to accept the following resignations on boards and commissions and authorize the Chairperson to send a letter and certificate of appreciation to: Rhonda Shouse (Johnson County Cluster /Social Welfare Board); Sharry Lenhart (Johnson County Board of Health); Phyllis Doane (Johnson County Compensation Commission); Gary Fink (Johnson County Compensation Commission)

Motion by Duffy, second by Jordahl, congratulating Johnson County Auditor Tom Slockett for winning the Iowa State Association of Counties 1997 Innovation Award regarding Calculation of Revenue/Expense Adjustment and the Johnson County Mapping Project.

Adjourned at 11:09 a.m.

/s/ Sally Stutsman, Chair, Board of Supervisors

Attest: Tom Slockett, Auditor

By Casie Parkins, Recording Secretary