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Newspaper Archive of
The Lone Tree Reporter
Lone Tree, Iowa
December 12, 2002     The Lone Tree Reporter
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December 12, 2002
 
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Page 12 • From page 11 - LEG.S Nicole Sheldon 9.80 Lee Shope 2.24 Shred All 40.68 SIH Consortium Trt Fun 369.00 Helen Simmons 1.68 Janice M. Sines 18.96 Nick Sitzman 21.00 Skay Automotive Svc Inc -95.12 Slechta Comm Inc 622.49 Kenneth Smalley 13.44 Marcia Smalley 9.80 Myron Smalley 22.88 Glaxo Smith Kline 1,366.75 Solutions 4surecom Inc 50.30 Solutions 4 Sure 178.70 Rivka Sorensen 280.81 Specialized Petro Sv ' 242.40 Donald Spevacek 7.00 S RC 180.42 Staples Credit Plan 182.59 State Public Policy 5,845.22 Judith Steciw 1.12 Stevens Radiator King 110.00 Meghan L Stevenson 301.10 Stevens-Harding Conc 4,484.89 Kathleen Stickney 1.68 Frankie Stoffer 43.60 Stone City Log Homes 240.00 Doreen Strabala 6.72 Streichers 288.95 Ivan Struzynski 53.76 CloD Studt 4.34 Stuff Etc West- .45.00 Steve Stutzman 200.00 Successful Living 412.55 Sysco Food Services 2,200.56 Systems Unlimited I 57,594.20 Susan Wolf Tank 2,851.35 Tenco Industries 189.21 Charlotte Terrell 3.36 Doris Thompson 4.34 Stacey Thompson 12.00 Richard Tiegs 23.86 Donald R Tjaden 5.04 Dorothy Tollman 8.48 Helen Tompkins 4.48 Terry Tonnesson 3.36 Tractor Supply Co 262.89 Training Resources 1,360.00 Treasurer State Of Io 970.00 R Jon Trouten 64.68. Richard Twohy 11.68 United Act For Youth 3.916.00 U S Cellular 3.51 US Postal Service 660.00 University Camera 28.73 University Of Iowa 15.00 U Of I Hosp & Clinic 338.00 U Of la Emer Med Ser 2A72.00 US Bank 706.00 Valley Shelter Homes I 784.92 Vanguard Appraisals 1 750.00 Van Meter Industrial I 344.33 Virgina Vannostrand 14 52 Marjorie Vedepo 2.80 French Re, Programs 347.65 Verizon 38.65 Verizon Wireless Belle 649.85 The Video Center Inc 1,350.00 Esther Viksten 3.36 Visiting Nurse Asso 12,738.76 Dorothy Voparil 18.20 Walmart Community Brc 156.21 Walmart Stores Inc 97.00 Washingtn Co Minibus 230.00 Washington Co Pbl Safe -- -16.00 Waste Management Of 66.03 Doris Watson 1.12 Donna Webb 137.50 Mary Jo Welch 4.48 Wellmark Bc & Bs O 122,310.00 WeUmark 294.00 Donna Wendler 6.72 Kristal Wenger 17.58 Westaff 472.88 Karen Williams 71.34 Herman Willnow 38.90 Faith Wilmot 26.24 William L Wittig 250.00 Lisa Wohlert 43.54 Annette Yeggy 48.00 Yellow Book USA 98.16 Yellow Cab Inc 637.50 Dawn Yordi 420.00 Youth Serv Depart 39,616.86 Anton Zacek 29.04 MarUyn Ziskovsky 15.68 Motion by Stutsman. second by Lehman, to approve the November 12, 2002 minutes of the Canvass of the Votes for the General Election of November 5, 2002, and the minutes of the formal meeting of November 14, 2002. Motion by Lehman, second by Stutsman, to approve the payroll author- izations submitted by department heads, as approved by a.majority of the Supervisors. CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID #42-0330670 I, Odene Maher, being duly sworn, say that I am the legal clerk of The Iowa City Press-Citizen, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was fpublished in said paper 3 times, on the ollowing dates: August 27, September 3, and 10, 2002. /s/Orlene Maher, Legal Clerk Subscribed and sworn to before me this 1 lth day of September, A:D. 2002. Margaret RiDs, Notary public OFFICIAL PUBLICATION LEGAL 'NOTICE NOTICE OF FINDING LOST PROP° ERTY IOWA CODE 556F.8 U.S. Currency in various denominations and exceeding forty dollars ($40.00) in value-was found near Hills, Johnson County, Iowa, on or about July 3, 2002 in the early evening-hours. Pursuant to, law all of said found currency was turned over by the finder to the Johnson County Sheriff who now has possession of it. Any person believing he or she may have a claim to this lost currency, and able to provide clear and explicit proof of ownership of it, may contact the follow- ing acting as attorney for the finder. Robert W. Jansen, Attorney at Law, 220 Lafayette St., Iowa City, IA 52240, Phone 319-339-4576, Attorney For Finder 48412 August 27,Sept. 3, 10, 2002 AFFIDAVIT OF POSTING OF NOTICE State Of Iowa )ss: County Of Johnson ) The undersigned, being first duly sworn, deposes and states that she posted or caused to be posted the attached Notice of Finding Lost Property at the door of the Johnson County Courthouse and an additional copy thereof in the Johnson County Sheriff's Office, Iowa City, Iowa, on the 22nd day of August, 2002, all as required by 556R8 of the Code of Iowa. Dated this 14th day of October, 2002. /s/Gayle C. Svatos Johnson County Deputy Sheriff Subscribed and sworn to before me this 14th day of October, 2002. David M. Stanton, Notary Pubti¢ LEGAL NOTICE NOTICE OF FINDING LOST PROP- ERTY IOWA CODE 556F.8 U.S. Currency in various denominations and exceeding forty dollars ($40.00) in value was found near Hills, Johnson County, Iowa, on or about July 3, 2002, in the early evening hours Pursuant to "law all of said found currency was turned over by the finder to the Johnson County Sheriff who now has possession of it. Any person believing he or she may have a claim to this ost currency, and able to provide clear and explicit proof of ownership of it. may contact the follow- ing acting as attorney for the finder. Robert W. Jansen. Attorney at Law, 220 Lafayette St. Iowa City, IA 52240, Phone 319-339-4576. Attorney For Finder Motion by Stutsman second by Lehman, to enter ,1to the proceedings of the Board of Supervisors the proof of publication of notice of finding lost prop- erty and affidavit of posting of notice of lost property which were filed in the office of the Johnson County Auditor on October 24. 2002. Application Z02012 of BOAH L.C., signed by Mike Hodge, Manager, Iowa City, requesting rezonmg of 54.8 acres from A1-Rural District to CP2-Planned Commercial District of certain property described as being in the NE 114 of Section 8, Township 79 North. Range 5 West of the 5th RM. in Johnson County, iowa. (This property is located on the south side of Herbert Hoover Highway SE, at its intersection with 1-80 in Scott Twp.). ORDINANCE 11-26-02-Zl Zoning Application Z02012 AN ORDINANCE AMENDINGTHE JOHNSON COUNTY ZONING ORDI- NANCE BY CHANGING THE CLAS- SIFICATION OF CERTAIN PROPER- TY FROM AI? RURAL DISTRICTTO CP2 ? PLANNED COMMERCIAL DISTRICT 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- Rural District to CP2 - Planned Commercial District. SECTION It. CHANGE IN CLASSIFI- CATION. The zoning classification of the following described real estate located in Scott Township and comprised of approximately 54.8 acres to wit: The North 1/2 of the Northeast 1/4 of Section 8. Township 79 North, Range 5 West of the 5th RM., Johnson County, Iowa, lying Southerly of the right of way purchased by Warranty Deed by the Iowa State Highway Commission as described in Book 245, Page 1 and also excepting a parcel in the Northwest cor- ner of sad tract which is currently zoned CH in Board of Supervisors Resolution 2-2-77 and also excepting a five acre parcel in the Southeast corner of said tract also currently zoned CH. Said rezonihg request contains approximate- ly 54.8 acres. .is. hereby changed from A1 to CP2. SECTION Ill. DISTRICT MAPS. The portion of the District Maps maintained t 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 classifi- cation. SECTION IV. REPEALER. All other ordinances or parts of ordinances in conflict with the provisions of this ordi- nance are hereby repealed. SECTION V. SAVINGS CLAUSE. If any section, provision or part of this ordi- nance shall be adjudged invalid, illegal or unconstitutional, such adjudication shall not affect the validity of the ordi- nance as a whole or any section, provi- sion or part thereof not adjudged invalid, illegal or unconstitutional. SECTION VI. EFFECTIVE DATE. This ordinance shall become effective, after its passage and approval, upon publica- tion as part of the proceedings of the Board of Supervisors. Legls On November 14, 2002, motion by Stutsman, second by Neuzil, to waive the requirement of three considerations before amending an ordinance and to approve Application 2:02012 on first and second consideration. Roll call: aye: Neuzil, Stutsman, Thompson, Lehman, Harney. Motion by Stutsman, second by Neuzil, to approve Application Z02012 on final consideration and to approve Ordinance 11-26-02-Z1. Roll call: aye: Neuzil, Stutsman, Lehman, Thompson, Harney. Application Z02013 of Robert B. & Linda K. Adams, Wellman, signed by Robert B. Adams, requesting rezoning of 1.50 acres from C2-Commercial District to CH-Highway Commercial District of certain property described as being in the SW 1/4 of the SW 1/4 of Section 19, Township 78 North, Range 8 West of the 5th RM. in Johnson C_unty, Iowa (This property is located in the NE quadrant of the 540th Street SW & Johnson iowa Road SW intersection in Washington Twp.). ORDINANCE 11-26-02-Z2 Zoning Application Z02013 AN ORDINANCE AMENDING THE JOHNSON COUNTY ZONING ORDI- NANCE BY CHANGINGTHE CLAS- SIFICATION OF CERTAIN PROPER- TY FROM C2-COMMERClAL DIS- TRICT TO CH-HIGHWAY COMMER- CIAL DISTRICT 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 C2- Commercial District to CH-Highway Commercial District. SECTION 1 CHANGE IN CLASSIFI- CATION. The zoning classification of the following described real estate located in Washington Township and comprised of approximately 1.5 acres to wit: A porton of the SW I/4 of the SW 1i4 of Section 19, Town&hip 78 North, Range 8 West of the 5 u' P.M.. Johnson County, lowa described as follows: Beginning at the SW Corner of Section 19: Thence Easterly 185 feet along the South line of the Southwest one-quarter of said Section 19: Thence Northerly 353 feet along a line parallel to the West Fine of said Section 19:Thence Westerly 185 feet along a line parallel to the South line of said Section 19 to a point on the West Line of the Southwest one- quarter of said Section 19: Thence Southerly 353 feet along said West line to the point of beginning. Said zoning parcel is 1.5 acres more or less. is hereby changed from C2 to CH. 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 classifi- cation. SECTION IV. REPEALER. All other ordinances or parts of ordinances in conflict with the provisions of this ordi- nance are hereby repealed. SECTION V. SAVINGS CLAUSE. If any section, provision or part of this ordi- nance shall be adjudged invalid, illegal or unconstitutional, such adjudication shall not affect the validity of the ordi- nance as a whole or any section, provi- sion or part thereof not adjudged invalid, illegal or unconstitutional. SECTION VI. EFFECTIVE DATE. This ordinance shall become effective, after its passage and approval, upon publica- tion as part of the proceedings of the Board of Supervisors. On November 14, 2002, motion by Neuzil, second by Harney, to waive the requirement of three considerations before amending an ordinance and to approve Application Z02013 on first and second consideration. Roll call: aye: Neuzil, Stutsman, Thompson, Lehman, Harney. Motion by Stutsman, second by Lehman, to approve Application Z02013 on final consideration and to approve Ordinance 11-26-02-Z2. Roll call: aye: Neuzil, Stutsman, Lehman, Thompson, Harney. Application Z02014 of Tamara Lue Blair, Iowa City, requesting rezoning of 0.78 acres from RS-Suburban Residential District to A1 -Rural District & 0.08 acres from A1 -Rural District to RS- Suburban Residential District of certain property described as being in the SW 1/4 of Section 84, Township 79 North. Range 6 West of the 5th P.M. in Johnson County, Iowa (This property is located on the East side of Oak Crest Hill Road SE, approximately 3/4 of a mile south of its intersection with Izaak Walton Road SE in West Lucas (South) Twp.). ORDINANCE 11-26-02-Z3 Zoning Application Z02014 AN ORDINANCE AMENDING THE JOHNSON COUNTY ZONING ORDI- NANCE BY CHANGING THE CLAS- SIFICATION OF CERTAIN PROPER- TY FROM RS-SUBURBAN DISTRICT TO A1-RURAL DISTRICT & FROM A1-RURAL DISTRICT TO RS-SUBUR- BAN DISTRICT 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- Suburban District to A1-Rural District and from A1-Rural District to RS- Suburban District. SECTION I. CHANGE IN CLASSIFI- The Lone Tree Reporter, December 12, 20 - CATION. The zoning classification of the following described real estate located in West Lucas Township and comprised of approximately 0.78 acres to wit: Rezoning Tract 1 Commencing at the Northwest corner of the Southwest one-quarter of the Southwest one-quarter of Section 34, TLwnship 79 North, Range 6 West of the 5 ul P.M., Johnson County, Iowa; Thence spoke at ength against the app ica including the reading of letters from : and Jane Hershberger, Barb. Hochstedler, Tom Gingerich, Nore Ratzliff of the U.S. Departmentl Agriculture, and Alan Zolin of K Foods. John Roetlin, Wanda-Mill: Beachy, Julie Gingerich Joan" RoeUin, and Don Miller spoke aga the application. .o N89°42'55"E, along the North Line of Neuzil asked Moore to explain ej the Southwest one-quarter of the CP2zoning. Moore said CP2 zones  Southwest one-quarter of said Section special areas for commercial devel0i 34 a distance of 50.00 feet; Thence ment that require, after zoning S00°17'05"E, 55.89 feet to the Point of ' before building can proceed, subm Beginning;Thence $71°39'04"E, 239.56 of a site plan for review. He discus.# feet; Thence N89°42'54"E, 148.00 feet; some of the specifics of a site pl which includes buffering for visual a Thence S00°17'05"E, 67.57 feet to the Southeast corner of Zoning Application Z9245; Thence $89°42'55"W, along the Southerly Line of said Zoning Application, 375.00 feet, to the Southwest corner of said Zoning Application; Thence N00°17'05"W, along the West Line of said Zoning Apphcation, 144.11 feet to the Point of Beginning, containing 0.78 acre and is subject to easements and restrictions of record. is hereby changed from RS to AI. • SECTION II. CHANGE IN CLASSIFI- CATION. The zoning classification of the following described real estate located in West Lucas Township and comprised of approximately 0.08 acres to wit: Rezoning Tract 2 Commencing at the Northwest Corner of the Southwest one- quarter of the Southwest one-quarter of Section 34, To,nship 79 North, Range 6 West of the 5 u' RM., Johnson County, Iowa; Thence N89°42'55"E, along the North line of the Southwest one-quarter of the Southwest one-quarter of said Section 34. a distance of 425.00 feet to the Point of Beginning; • Thence continuing N89°42'55"E, along said North Line, 11.98 feet tO a point on the Westerly Right-of-Way Line of the former C.R.I R Railway (current proprietor: City of Rills); Thence $12°18'47"E, along said Westerly Line, 135.40 feet; Thence $89°42'54"W, 40.20 feet to a point on the Easterly Line of Zoning Applicat!on Z9245; Thence N00°17'05"W, along said Easterly Line, 132.43 feet to the Point of Beginning, containing 0.08 acre and s subject to easements and restric- tions of record. is hereby changed from A1 to RS. SECTION III. DISTRICT MAPS. The portion of the District Maps maintained m 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 classifi- cation SECTION IV. REPEALER. All other ordinances or parts of ordinances in conflict with the provisions of this ordi- nance are hereby repealed. SECTION V. SAVINGS CLAUSE. If any section, provision or part of this ordi- nance shall be adjudged invalid, illegal or unconstitutional, such adjudication shall not affect the validity of the ordi- nance as a whole or any section, provi- sion or part thereof not adjudged invalid, illegal or unconstitutional. SECTION Vl. EFFECTIVE DATE. This ordinance shall become effective, after its passage and approval, upon publica- tion as part of the proceedings of the Board of Supervisors. On November 14, 2002, motion by Harney, second by Stutsman, to waive the requirement of three considerations before amendin an ordinance and to approve Application Z02014 on first and second consideration. Roll call: aye: Neuzil, Stutsman, Thompson, Lehman, Harney. Motion by Stutsman, second by Lehman, to approve Application Z02014 on final consideration and to approve Ordinance 11-26-02-Z3. Roll call: aye: Neuzil, Stutsman, Lehman, Thompson, Harney. Reconvened'the Public Hearing on Zoning Application Z02015 at 9:15 a.m. Application Z02015 of Maynard & Ruby Miller (owner), Kalona, Iowa, and Dennis & Katie SheUer (deed holder), Kaiona, Iowa, signed by Nick Yutsy, Coralville, requesting rezoning of 3:86 acres from A1-Rural District to M2- Heavy Industrial District and 21.77 acres from M-Rural District to CH- Highway Commercial District of certain property described as being in the SE 1/4 of Section 24, Township 78 North, Range 8 West of the 5th P.M. in Johnson County, Iowa (This property is located in the NW quadrant of the Highway 1 SW and 540th Street SW intersection in Washington Twp.). Assistant Planning and Zoning Administrator R.J. Moore repqrted that the applicant has requested an amend- ment to the application, dropping the M2-Heavy Industrial rezonin.Q and reducing the 21.77 acre CH-Highway Commercial rezoning to 11.50 acres. He said staff's concerns about the trans- fer station were gone with the request to withdraw the M2 rezoning. Moore said there is still the concern regarding the impacts on the intersection of Highway 1 and 540th Street with the proposed CH rezoning. He said they feel it is neces- sary to ask the developer to pay for improvements to the intersection. Nick Yutsy was present to answer questions and Glen Meisner of MMS Consultants spoke at length for the application. Attorney David Brown thetics. Lehman expressed conc¢ about the loss of control over additio businesses locating on this site once it rezoned. Harney said they need to 10 at compatibility with other businesses the area. Stutsman asked if a s report would speak more favorably c CP2 rezoning. Moore said the S report spoke fairly favorably of the ( request, but they would favor OF Lehman expressed concerns about timing, with no State funding improvements on Highway 1, and c( patibility with this area. Thompson a CH zoning would not allow conl over location of a building, which col be built on the corner. Moore Harney discussed the need to find ! area suitable for this type of devel0 mont. Harney discussed conducting traffic study on this intersecti0 Stutsman spoke for denying this ap cation because the County can not a traffic to this intersection, but said th need to work on finding a suitable s for this applicant. Neuzil said he wot be more tavorable of a smaller requeJ as a CP2, with a traffic study don-. what impact the business would ha! particularly on County Road F61 Lehman said he is not ready to add] the existing traffic problem, adding tl need an economic development planJ foster relocation needs such as the dl for this business. Harney would ratill look at a CP2 rezoning and indicat about the road and compl concerns bility. Thompson's main concern ''w, with traffic. Hamey suggested st work with the applicant to find a ce patible location. Thompson said would rather see another location ra than a CP2 at this site. ' l On November 14, 2002, motion . Stutsman, second by Neuzil, to de Application Z02015 until November 2002, and continue the public hearir Roll call: aye: Neuzil, Stutsm Thompson, Lehman, Harney. ] Motion by Stutsman, second Neuzil, to deny Application Z02015, revised by the applicant. Roll call: a Neuzil, Stutsman, Thompson, Lehm Harney. Public HearingClosed at 10:14 a,# Motion by Harney, second Stutsman, to approve family farm tl credits as recommended by Cour Assessor Bill Greazel. RESOLUTION 11-26-02-T1 TRANSFERRING FROM THE GEt ERAL BASIC FUND TO THE GENEI AL SUPPLEMENTAL FUND Whereas, Johnson County used debt service levy instead of a suppl mental levy for some expenditures 1 -fiscal year 2002-2003; and Whereas, some of these expenditur are still made from the Genel Supplemental Fund, the fund v require a transfer from the Gone Basic Fund; and Whereas, the budgeted amount to transferred is $1,578,450. Therefore be it resolved that tt Auditor is authorized to make period transfers from the General Basic Fur to the General Supplemental Fund dL ing the 2002-2003 fiscal year astune are needed and available, not to exce the sum of $1,578,450. Motion by Stutsman second I Lehman, to approve Resolution 11-2 / 02-T1. Motion by Stutsman, second Harney, to appoint the following Reserve Deputy Sheriff as recommen( ed by Sheriff Robert Carpente Amanda Griffith, Kelli Elliott, Jeremi Hardy, and Richard Taylor. Motion by Neuzil, second by Harne to approve and authorize tt Chairperson to sign the Building Co Enforcement Program 28E Agreeme with the City of Swisher. Motion by Lehman, second I Neuzil, to approve and authorize tt Chairperson to sign the followir Applications For Fireworks Permit Brennan Baeher, 2926 Prairie du Chi( Road NE, Iowa City, on December 3 2002.and January 1 2003; and Willia Davis, Cedar Rapids, for display at 43 Winter Eagle Trail, Iowa City ( December 6, 2002; and for Get Zdrazil, 6090 River Junction Road S Lone Tree, on December 31, 2002. Adjourned to informal meeting 10:25 a.m. /s/Carol Thompson, Chair, Board SuPervisors Attest: Tom Slockett, Auditor By Mark Kistler, Recording Secretary These minutes were sent for publicati and formal approval on December 2002.