MINUTES OF THE FORMAL MEETING OF THE JOHNSON COUNTY BOARD OF SUPERVISORS:
NOVEMBER 17, 1998
Chairperson Bolkcom called the Johnson County Board of Supervisors to order in the Johnson County Administration Building at 9:31 a.m. Members present were: Joseph Bolkcom, Charles Duffy, Jonathan Jordahl, Stephen Lacina, and Sally Stutsman.
Unless otherwise noted, all actions were taken unanimously.
Motion by Lacina, second by Stutsman, to appoint Gary Werle, Jane Hagedorn, David Wright, Dwight Dobberstein, Les Kuehl, Tom Bokenstedt, Gary Eden, Mike Sattler, and Jim Martinek to the Johnson County Building Code Study Committee.
Motion by Lacina, second by Stutsman, 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 12, 1998.
Motion by Lacina, second by Stutsman, to approve the payroll authorizations submitted by department heads, as approved by a majority of the Supervisors.
RESOLUTION 11-17-98-T1
TRANSFERRING FROM THE GENERAL BASIC FUND TO THE CAPITAL EXPENDITURE FUND
Whereas, $143,727 was included in the FY99 adopted budget for computer technology; and
Whereas, sufficient funds are available in the General Basic Fund; and
Whereas, expenditures for this project will be made from the Capital Expenditure Fund; and
Whereas, $143,727 has been budgeted for expenditure in the adopted FY99 Capital Expenditure budget; and
Whereas, $34,417.18 has been expended for computer technology during July, August, September and October 1998;
Therefore, be it resolved that the Board of Supervisors directs the Auditor to transfer $34,417.18 from the General Basic Fund to the Capital Expenditure Fund.
Motion by Duffy, second by Lacina, to approve Resolution 11-17-98-T1.
RESOLUTION 11-17-98-B1
CHANGING DEPARTMENTAL APPROPRIATIONS
Whereas, the appropriations for Juvenile Crime Prevention Grant and Juvenile Justice Administration are inadequate to meet increasing demands for services, and planned 3rd and 4th quarter appropriations are deemed necessary to meet second quarter requirements; and
Whereas, the appropriation for SIH Consortium Trust is inadequate to meet increasing demands for services, and an additional $200 in revenues are available;
It is hereby resolved that the following increases to appropriations by Fund, Department, and Service Area be appropriated through December 31, the end of the second quarter.
General Basic Fund:
Dept. 54-Juvenile Crime Prevention Grant (Public Safety) budget $336,197; increased appropriation $164,098; total appropriation $336,197;
General Supplemental Fund:
Dept. 27-Juvenile Justice Administration (Court Services) budget $349,500; increased appropriation $174,750; total appropriation $349,500;
SIH Consortium Trust Fund:
Dept. 89-SIH Consortium Trust (Physical Health & Education) budget $500; increased appropriation $200; total appropriation $700.
Motion by Lacina, second by Stutsman, to approve Resolution 11-17-98-B1.
Motion by Stutsman, second by Lacina, to authorize the Chairperson to send Rosemary Adam a letter of appreciation and certificate for serving on the Johnson County Ambulance Service Advisory Committee.
PROCLAMATION 11-17-98-01
WORLD AIDS DAY
DECEMBER 1, 1998
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 30.6 million people are currently living with HIV/AIDS, with young people under the age of 25 accounting for at least half of all new infections; and
Whereas, the American Association for 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 641,086 AIDS cases reported (as of December 31, 1997); 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 and AIDS; and,
Whereas, the 1998 World AIDS Day theme "Be a Force for Change" (a) challenges young people around the world to recognize the crucial role they play in the ever-changing course of the AIDS pandemic; (b) aims to motivate young people to get involved in reducing the spread of HIV; and (c) encourages them to have compassion for and lend support to those affected by HIV/AIDS;
Now, Therefore, Be it Proclaimed that I, Joe Bolkcom, Chairperson of the Johnson County Board of Supervisors do hereby declare 1 December 1998 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 Bolkcom, second by Stutsman, to approve Proclamation 11-17-98-01.
Motion by Lacina, second by Stutsman, to approve and authorize Chairperson to sign grant application to Iowa Department of Transportation for trails planning assistance from Thomas R. Dunbar of Dunbar-Jones Partnership.
Application Z9839 of Donald K. Johnson, Oxford, Iowa, owner, signed by Gary Johnson, Oxford, Iowa, requesting rezoning of 1.94 acres from A-1 Rural to RS Suburban Residential of certain property described as being in the NW 1/4 of Section 29; Township 79 North; Range 7 West of the 5th P.M. in Johnson County, Iowa (This property is located on the west side of Half Moon Avenue SW, approximately 1/2 mile south of its intersection with Rohret Road SW in Union Twp.)
ORDINANCE 11-17-98-Z1
Zoning Application Z9839
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 Union Township and comprised of approximately 1.94 acres to wit:
A part of the Northwest 1/4 of Section 29; Township 79 North; Range 7 West of the 5th P.M., Johnson County, Iowa and more particularly described as follows: Commencing at the Southeast corner of the Northwest 1/4 of said Section 29; thence westerly along the south line of the Northwest 1/4 of said Section 29 a distance of 33.00 feet to the Point of Beginning of this description; thence continuing westerly along said south line a distance of 294.42 feet; thence northerly parallel with the east line of the Northwest 1/4 a distance of 294.42 feet; thence easterly parallel with the south line of the Northwest 1/4 a distance of 294.42 feet; thence Southerly parallel with East line of the Northwest 1/4 294.42 feet to the Point of Beginning containing 1.99 acres and being subject to all easements and restrictions of record.
- 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 November 12, 1998, motion by Duffy, second by Stutsman, to waive the requirement of three considerations before amending an ordinance and to approve Application Z9839 on first and second consideration. Roll call: aye: Jordahl, Stutsman, Bolkcom, Lacina, Duffy.
Motion by Lacina, second by Stutsman, to approve Application Z9839 on final consideration and to approve Ordinance 11-17-98-Z1. Roll call: aye: Jordahl, Stutsman, Bolkcom, Lacina, Duffy.
Application Z9840 of Delores P. Wakefield, Johnston, Iowa, signed by Mr. And Mrs. James Goody, Iowa City, Iowa, requesting rezoning of 1.0 acres from A-1 Rural to RS Suburban Residential of certain property described as being in the SW 1/4 of the SE 1/4 of Section 9; Township 78 North; Range 5 West of the 5th P.M. in Johnson County, Iowa (This property is located on the north side of 500th Street SE, approximately 1/2 of mile east of its intersection with Utah Avenue SE in Lincoln Twp.)
ORDINANCE 11-17-98-Z2
Zoning Application Z9840
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 Lincoln Township and comprised of approximately 1.00 acres to wit:
Commencing at the South 1/4 corner of Section 9; Township 78 North; Range 5 West of the 5th P.M.; thence North 90° 00¢ 00" East along the South line of the Southeast 1/4 of said Section 9, a distance of 904.62 feet; thence North 00° 00¢ 00" West, a distance of 38.71 feet to the Northerly Right-of-Way line of 500th Street SE and the Point of Beginning; thence continuing North 00° 00¢ 00" West, a distance of 209.69 feet; thence North 90° 00¢ 00" East, a distance of 208.71 feet; thence South 00° 00¢ 00" East, a distance of 208.40 feet to a point on said Northerly Right-of-Way line; thence South 90° 00¢ 00" West along said Northerly Right-of-Way line, a distance of 108.01 feet; thence South 89° 16¢ 06" West along said Northerly Right- of-Way line, a distance of 100.71 feet to the Point of Beginning containing 1.00 acres 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 November 12, 1998, motion by Stutsman, second by Jordahl, to waive the requirement of three considerations before amending an ordinance and to approve Application Z9840 on first and second consideration. Roll call: aye: Jordahl, Stutsman, Bolkcom, Lacina, Duffy.
Motion by Stutsman, second by Lacina, to approve Application Z9840 on final consideration and to approve Ordinance 11-17-98-Z2. Roll call: aye: Jordahl, Stutsman, Bolkcom, Lacina, Duffy.
Application Z9844 of Shannon and Peggy Ashby, Swisher, Iowa, requesting rezoning of 1.99 acres from A-1 Rural to RS Suburban Residential of certain property described as being in the SW 1/4 of the NW 1/4 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 side of Greencastle Road NW, approximately 1/2 of a mile south of its intersection with Blain Cemetery Road NW in Jefferson Twp.)
ORDINANCE 11-17-98-Z3
Zoning Application Z9844
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 Jefferson Township and comprised of approximately 1.99 acres to wit:
A portion of the Southwest one-quarter of the Northwest one-quarter of Section 18, Township 81 North, Range 7 West of the Fifth Principal Meridian, Johnson County, Iowa, the boundaries of which are described as follows: Commencing at the West one-quarter corner of Section 18; Township 81 North; Range 7 West of the Fifth Principal Meridian; Johnson County, Iowa; Thence N 01° 31' 57"East, along the West line of Northwest one-quarter of said Section 18, a distance of 420.45 feet; Thence S 89° 01' 09"East, 34.04 feet to the Point of Beginning; Thence continuing S 89° 01' 09" E, 379.53 feet; Thence N 00° 00' 00" W, 240.04 feet, to a point on the southerly line of Lot 1 of Greencastle Ridge Subdivision; Thence N 89° 01' 09" W, along said southerly line, 332.15 feet; Thence S 14° 31' 01" W, 181.89 feet; Thence S 01° 36' 59" W, 63.17 feet to said Point of Beginning, containing 1.99 acres and subject to easements and restrictions of record.
- 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 November 12, 1998 motion by Lacina, second by Duffy, to waive the requirement of three considerations before amending an ordinance and to approve Application Z9844 on first and second consideration. Roll call: aye: Jordahl, Stutsman, Bolkcom, Lacina, Duffy.
Motion by Lacina, second by Duffy, to approve Application Z9844 on final consideration and to approve Ordinance 11-17-98-Z3. Roll call: aye: Jordahl, Stutsman, Bolkcom, Lacina, Duffy.
Application Z9845 of Raelyn Netolicky, Swisher, Iowa, requesting rezoning of 1.99 acres from A-1 Rural to RS Suburban Residential of certain property described as being in the NE 1/4 of Section 10; Township 81 North; Range 8 West of the 5th P.M. in Johnson County, Iowa (This property is located on the east side of Derby Avenue NW, approximately 1/2 mile south of its intersection with 120th Street NW in Monroe Twp.)
ORDINANCE 11-17-98-Z4
Zoning Application Z9845
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 Monroe Township and comprised of approximately 1.99 acres to wit:
Commencing at the center of Section 10, Township 81 North, Range 8 West of the Fifth Principal Meridian, Johnson County, Iowa; Thence North along the west line of the Northeast one quarter of the said Section 10, a distance of 33 feet more or less; Thence East 33 feet more or less to the Point of Beginning; Thence North along the east ROW line of Derby Avenue NW 250 feet more or less; Thence East 347 feet more or less; Thence South 250 feet more or less; Thence West 347 feet more or less to the Point of Beginning containing 1.99 acres and subject to easements and restrictions of record.
- 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 November 12, 1998, motion by Lacina, second by Duffy, to waive the requirement of three considerations before amending an ordinance and to approve Application Z9845 on first and second consideration. Roll call: aye: Jordahl, Bolkcom, Lacina, Duffy; nay: Stutsman.
Motion by Lacina, second by Duffy, to approve Application Z9845 on final consideration and to approve Ordinance 11-17-98-Z4. Roll call: aye: Jordahl, Stutsman, Bolkcom, Lacina, Duffy.
Application Z9847 of Steven and Paula Vincent, North Liberty, Iowa, signed by Glen Meisner of MMS Consultants Inc., requesting rezoning of 26.52 acres from RS Suburban Residential to A-1 Rural of certain property described as Lot 3, 5 and 6 of School Commissioner's Subdivision located in the NW 1/4 of Section 16; Township 80 North; Range 6 West of the 5th P.M. in Johnson County, Iowa (This property is located on the north side of Woodfield Lane NE, approximately 1/2 mile from its intersection with 275th Street NE in Penn Twp.)
ORDINANCE 11-17-98-Z5
Zoning Application Z9847
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 Penn Township and comprised of approximately 26.52 acres to wit:
A portion of Lots Three (3), Five (5) and Six (6) of the School Commissioner's Subdivision located in Section 16, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, the boundaries of which are described as follows: Beginning at the Northwest corner of Lot 5 of the School Commissioner's Subdivision in Section 16, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa;
Thence N 02°02' 52" W, 469.91 feet; Thence N 00°33' 37" W, 177.48 feet to a concrete monument; Thence S 83°19' 10" W, 247.38 feet; Thence N 88°45' 04" W, 551.69 feet; Thence S 89°38' 53" W, 281.47 feet; Thence S 03°07' 16" E, 1058.58 feet; Thence N 30°13' 26" W, 496.01 feet to a concrete monument on the West line of Lot 6 of said Subdivision; Thence S 00°11' 41" W, along said West line, 692.50 feet, to the Southwest corner of said Lot 6; Thence N 89°12' 16" E, along the Southerly line of said Lot 6, a distance of 659.50 feet; Thence N 88°33' 00" E, along said Southerly line, 60.47 feet to the Southwest corner of a survey in Lot 6 of said Subdivision, recorded in Book 19 at Page 28 in the Records of the Johnson County Recorder; Thence N 63°04' 14" W, along the Southwesterly line of said survey, 390.66 feet, to the Southerly corner of Auditor's Parcel No. 96112 as recorded in Book 37 at Page 162 in said Recorder's Office; Thence N 17°26' 54" E, along the Easterly line of said Auditor's Parcel No. 96112, a distance of 93.41 feet, to a point on the Northerly line of said survey; Thence S 80°54' 52" E, along said Northerly line, 204.58 feet; Thence N 16°09°17" W, 215.96 feet; Thence N 17°27' 40" E, 348.96 feet; Thence S 72°36' 46" E, 450.86 feet; Thence S 07°16' 22" W, 354.47 feet; Thence S 15°01' 43" E, 99.32 feet; Thence S 22°58' 13" W, 201.56 feet; Thence N 88°33' 00" E, along the Southerly line of said Lot 6, a distance of 113.21 feet to the Southwest corner of a tract of land platted and recorded in Book 5 at Page 17 in said Recorder's Office; Thence N 29°57' 42" E, along the Northwesterly line of said tract, 275.98 feet; Thence N 61°22' 24" E, along the Northwesterly line of said tract, 82.48 feet; Thence N 01°31 09" W, 88.75 feet; Thence N 34°19' 19"E, 366.96 feet to a point on the Northerly line of said Lot 5; Thence N 89°30' 46"W, along said Northerly line, 215.00 feet to said Point of Beginning, containing 26.52 acres, and subject to easements and restrictions of record.
- is hereby changed from RS to A1.
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 12, 1998, motion by Lacina, second by Bolkcom, to waive the requirement of three considerations before amending an ordinance and to approve Application Z9847 on first and second consideration. Roll call: aye: Jordahl, Stutsman, Bolkcom, Lacina, Duffy.
Motion by Lacina, second by Bolkcom, to approve Application Z9847 on final consideration and to approve Ordinance 11-17-98-Z5. Roll call: aye: Jordahl, Stutsman, Bolkcom, Lacina, Duffy.
Application Z9848 of Robert L. Dvorsky, Solon, Iowa, requesting rezoning of 4.0 acres from A-1 Rural to RS-3 Suburban Residential of certain property described as being in the NW 1/4 of the NW 1/4 of Section 36; Township 81 North; Range 6 West of the 5th P.M. in Johnson County, Iowa (This property is located on the north side of Jordan Creek Road NE, approximately 1/4 of a mile southeast of its intersection with Racine Avenue NE in Big Grove Twp.)
ORDINANCE 11-17-98-Z6
Zoning Application Z9848
AN ORDINANCE AMENDING THE JOHNSON COUNTY ZONING ORDINANCE BY CHANGING THE CLASSIFICATION OF CERTAIN PROPERTY FROM A1 TO RS-3
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-3 .
SECTION II. CHANGE IN CLASSIFICATION. The zoning classification of the following described real estate located in Big Grove Township and comprised of approximately 4.0 acres to wit:
A portion of the W ½ of the NW ¼ of Section 36; Township 81 North; Range 6 West of the 5th P.M., Johnson County, Iowa, lying within the realty described in Book 1155 Page 183, Johnson County Recorders' Office, described as follows: Commencing at a WPA concrete monument found marking the NW corner of said Section 36; thence South 89° 46¢ 13" East (recorded bearing from Plat Book 36 Page 124) 1312.86 feet along the north line of said Section 36 to a 5/8" rebar set at the NE corner of said W ½ of the NW ¼ of Section 36, which point is also the NW corner of Lot 7 of the Stiles Estate as depicted in Court Record D Page 309 and Plat Book 3 Page 107; thence South 00° 25¢ 04" East 650.18 feet along the east line of said W ½ of the NW ¼ of Section 36 and also the west line of said Lot 7, to a 5/8" rebar set marking the Point of Beginning; thence Continuing S 00° 25¢ 04" East 601.14 feet along said line to a 12" spike set on the centerline of the County Road; thence North 52° 10¢ 00" West 305.67 feet along said centerline to a set 12" spike; thence North 53° 02¢ 00" West 185.62 feet along said centerline to a set 12" spike; thence North 00° 00¢ 00" East 302.02 feet to a set 5/8" rebar; thence North 90° 00¢ 00" E - 385.34 feet to the Point of Beginning; Said zoning parcel contains 4.00 acres which includes 0.37 acre of County Road ROW easement adjacent to the southern boundary.
- is hereby changed from A1 to RS-3 .
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 12, 1998, motion by Lacina, second by Duffy, to waive the requirement of three considerations before amending an ordinance and to approve Application Z9848 on first and second consideration. Roll call: aye: Jordahl, Stutsman, Bolkcom, Lacina, Duffy.
Motion by Duffy, second by Jordahl, to approve Application Z9848 on final consideration and to approve Ordinance 11-17-98-Z6. Roll call: aye: Jordahl, Stutsman, Bolkcom, Lacina, Duffy.
Public hearing of November 12, 1998 reconvened at 10:32 a.m.
Application Z9841 of Ronald L. Rushek and Raymond J. Randall, Trustee, Solon, Iowa, signed by Ronald Rushek, requesting rezoning of 87 1/2 acres from A-1 Rural to RS Suburban Residential of certain property described as being in the SW 1/4 of Section 19; Township 81 North; Range 5 West of the 5th P.M. in Johnson County, Iowa (This property is located on the north side of 180th Street NE, approximately 1/2 mile east of the city limits of Solon, Iowa in Big Grove and Cedar Twp.)
Assistant Planning and Zoning Director R.J. Moore reported that Public Health Department Environmental Health Specialist Dan Kramer explained that the Department of Natural Resources assures that no well will interfere with other wells when they issue their well permits. Moore shared the information he received on water usage from 3 area golf courses. He also reported there is less water usage with bluegrass fairways than with bent grass fairways. Bolkcom said he is more comfortable with the water forecast and asked if the well would be metered. Rushek said the well is metered and recorded on a yearly basis with the DNR. Jordahl pointed out that the project proposed was rezoning 87 and a half acres to RS and if the applicant decided not to do a golf course they could see a huge subdivision go in. Moore said RS was his recommendation. Moore said the Conditional Use Application for the golf course was being reviewed in his office. Bolkcom asked if the golf course could operate on A1 ground with a Conditional Use Permit. Moore said yes. Bolkcom said if they have to have a conditional use permit in either case he didn't know why they would provide so much flexibility with the land. Lacina said he thought Moore made a good recommendation about this site. In reply to the suggestion that the applicant rezone to RS10, Moore said this would be too hard to cluster the 6 houses which will be near the golf course. He also said it would remove acreage from the golf course's minimum requirement. Rushek said he would voluntarily annex the homes into Solon. Dvorak said they could designate 10 acres RS and keep the rest of the ground ag.
On November 12, 1998, motion by Duffy, second by Stutsman, to waive the requirement of three considerations before amending an ordinance and to approve Application Z9841 on first and second consideration. The motion was tabled and the public hearing continued until November 17, 1998.
Motion by Lacina, second by Stutsman, to amend the application to 10 acres to be rezoned RS, leaving the remainder A1 and to waive the requirement of three considerations before amending an ordinance and to approve Application Z9841 on first and second consideration. Roll call: aye: Jordahl, Stutsman, Bolkcom, Lacina, Duffy.
Public hearing closed at 11:10 a.m.
Application S9831 of Steven and Paula Vincent, signed by Steven Vincent, requesting preliminary and final plat approval of Vincent View Acres (A Resubdivision of Lots 3, 5, and 6 of the School Commissioners Subdivision and Auditor's Parcel 96112), a subdivision located in the NW 1/4 of Section 16; Township 80 North; Range 6 West of the 5th P.M. in Johnson County, Iowa (This is a 2-lot, one residential with one outlot, 31.52 acre, residential subdivision, located a 1/4 mile north of 275th Street NE on Woodfield Lane NE to a private access to the property in Penn Twp.)
RESOLUTION 11-17-98-Z1
RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF VINCENT VIEW ACRES,
JOHNSON COUNTY, IOWA.
Whereas, the owner has filed application S9831 for approval of a preliminary and final plat of Vincent View 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: Approval of North Liberty; Owner Certificate; Title Opinion; Treasurer's Certificate; Subdivider's Agreement; Consent of Mortgagee; Fence Agreement; Resolution Affirming the Stability of the Current Road System.
Motion by Lacina, second by Stutsman, to approve Resolution 11-17-98-Z1.
Application S9846 of Delores P. Wakefield, Trust, signed by Mr. and Mrs. James Goody, requesting preliminary and final plat approval of Goody First Subdivision, a subdivision described as being located in the SW 1/4 of the SE 1/4 of Section 9; Township 78 North; Range 5 West of the 5th P.M. in Johnson County, Iowa (This is a 1-lot, 10.00 acre, residential subdivision, located on the north side of 500th Street SE, approximately 1/4 mile east of the 500th Street and Utah Avenue SE intersection in Lincoln Twp.)
RESOLUTION 11-17-98-Z2
RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF GOODY FIRST SUBDIVISION,
JOHNSON COUNTY, IOWA.
Whereas, the owner has filed application S9846 for approval of a preliminary and final plat of Goody First 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 Stutsman to Approve Resolution 11-18-98-Z2.
Adjourned to informal meeting of November 17, 1998 at 11:13 a.m.
/s/Joe Bolkcom, Chair, Board of Supervisors
Attest: Tom Slockett, Auditor
By Casie Parkins, Recording Secretary