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Newspaper Archive of
N. Warren Town and County News
Norwalk, Iowa
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January 31, 2019     N. Warren Town and County News
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January 31, 2019
 

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Page Eight N/Warren Town and County News Thursday, January 31, 2019 Senate News By State Senator Julian B. Garrett julian.garrett@legis.iowa.gov Legislature’s First Week Concludes We have concluded the first week of the legislature. The highlight of the week was the Governor’s State of the State address and the presentation of her budget recommendations for the new fiscal year that will begin July 1 of this year. You probably remember that I have served on the Appropriations Committee each year that I have been in the legislature. I have always advocated for responsible budgeting, and have opposed spending right up to the legal limit. Our appropriations are necessarily based on estimates of revenue for the coming fiscal year. If we vote to spend money up to the legal limit, we can be in trouble if revenue does not come in as high as was projected. I was pleased to see that the Governor has taken this approach in her budget recommendations. As of now we have estimated revenue of $7 ,868.4 million which gives us $7,959.4 million in available revenue for the upcoming fiscal year when you add in our estimated surplus. We are subject to a 99% spending ceiling, which comes to $7,880.7 million. The Governor’s proposed budget would spend $7 ,658.5 million, leaving an estimated surplus of just over $300 million. We will have another revenue estimate in March. By law we must use the lower estimate of the two in putting together our budget for the coming year. I co-chair, with my House counterpart, the budget subcommittee for the Justice Systems budget that includes the prisons, courts, highway patrol, Attorney General, Law Enforcement Academy, Legal Aid and Indigent Defense. We will hear from each of the entities that we fund, as the session goes on, giving them ’ the opportunity to explain their funding requests in more detail and answer questions. The Governor recommends increasing the Justice Systems budget from $748.7 million to 762.8 million. Since I have been in the legislature, we have never passed the Governor’s budget as presented, but it is a very good starting point. I hope we will spend no more than she recommends, or maybe a little less. Fetal Heartbeat Bill Declared Unconstitutional An Iowa District Court Judge has just ruled that the bill that we passed last year prohibiting an abortion once a heartbeat is detected, is unconstitutional. This ruling was not unexpected in light of the ruling last year that a bill requiring a 72 hour waiting period before having an abortion was unconstitutional. These rulings along with Roe vs Wade at the federal level have been made in spite of the fact that there is no mention of abortion in either the federal or state constitutions. Many of us have pointed out that in these cases and a number of others, the judges have substituted their opinions of what the law should be rather than what it is. Judges rarely admit that that is what they are doing. However, Chief Justice Mark Cady, last year in the 72 hour waiting case, actually admitted that they were not following the constitution as intended by those who wrote it. For clarity, I have left out legal citations below. He stated: “The Iowa Constitution ‘is a living and vital instrument.’ . . . . ‘[U]nlike statutes, our constitution sets broad general principles . . . . This means they must meet and be applied to new and changing conditions.’ Indeed, we once noted we had ‘freed ourselves from the private views of the constitution’s framers which were in many cases but accidents of history.”’ In other words he believes that present day judges can ignore the intent of the constitution’s authors and substitute their own ideas. People who write constitutions must rely on others to accept the meanings of the words they use. How else do you write a constitution or a stature for that matter. We don’t really have a constitution if current judges can change the meanings of the words in that constitution. Constitutions are written to protect the rights of the people. If the meanings of the words in that constitution can be changed at will by judges what real protection do we have. Our constitutions have provisions for amendments if the people think that is needed. That is the proper way to amend the constitution, not by a judge, who thinks the constitution should be changed but who is not willing to do it in the way the constitution provides. This is the problem many of us in the legislature are trying to correct by changing the way judges are selected. We need judges who respect the constitution and laws and who will set aside their oWn political philosophy and apply the constitution and laws objectively. As always please feel free to contact me with your ideas or concerns. Deadline for ads, legals and stories ADVERTISE WITH US An ad in our newspaper is a great way to promote your business or upcoming event! There is no time Commitment to advertise with us and our newspaper reaches around is Noon Friday! 1600 people each week. An ad this size only costs $25.50 a week!!! Smaller and larger ad sizes are available as well as the opportunity Egg {3 g ’3‘ to place inserts in our newspaper. Stop in, . r . call us, or email us today. ECO“)ng llr‘f' D hffigfs SOluuonS , (515)313-8757 It pays to advertlse! Fthomas@EcoLogix.biz Looking to Upgrade your Business or Workplace to L.E.D.s? Call for a free estimate OFFICIAL PUBLICATION NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held before the WARREN COUNTY ZONING COM- MISSION on the 12th day of February, 2019 at 6:35 p.m. in the 2nd floor Board of Supervisors Meeting Room, Warren County Administration Building, Indianola, Iowa. Said hearing is in regard to a proposed amendment to the 2018 Warren County Iowa, Revised Zoning and Subdivision Ordi- nances. The amendment application is made by Justin Kappleman, 601 W. 1st Avenue, Indianola, IA 50125. The proposed amendment Is in Chapter 41, Section 41.02 A; 1DISTRIQT REGULAT QNS. Special Usg Permits A-1. Add: [V]: Appliance de-manufacturing under state and federal regulations. The text of the application is on file in the ZONING OFFICE in the Warren County Administration Bullding, 301 North Buxton, Suite 210, Indianola, Iowa, and may be examined during regular office hours (Monday through Friday, 8:00 am. to 4:30 pm). Written comments will be accepted during regular office hours or before the hearing. Send comments to: Warren County Zoning Office, 301 North Buxton, Suite 210, Indianola, Iowa 50125 or email them to: z in wrrn ntia.r Dated at Indianola, Iowa this 24th day of January, 2019. Lindsey Baughman Zoning Administrator OFFICIAL PUBLICATION NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held before the WARREN COUNTY ZONING COM- MISSION on the 12th day of February, 2019 at 6:45 pm. in the 2nd floor Board of Supervisors Meeting Room, Warren County Administration Building, Indianola, Iowa. Said hearing is in regard to a rezoning application submitted by Tim Hildrefh, 157OSE Maffitt Lake Court, West Des Moines, Iowa 50265. Owners of the property in question are Scott and Anne Denko, 1506 W. 31st Street, Austin, Texas 78703. The proposed rezoning would allow for the rezoning of certain lands within Warren County from A.1 (Agricultural District) to C-2 (General Commercial—Highway Service District). The proposed rezoning is for property described as: RIPTI — P N: That part of the Southwest Quarter of the Southeast Quarter of Section 3, Township 76 North, Range 25 West of the 5th P.M., Warren’ County, Iowa, described as follows; Beginning at the southwest corner of said Southwest Quarter of the Southeast Quarter; thence on an assumed bearing of North 00 degrees 42 minutes 41 seconds East, 735.54 feet along the west line of said Southwest Quarter of the Southeast Quarter to the southeasterly line of Iowa Highway 28; thence North 46 degrees 02 minutes 21 seconds East, 809.03 feet along said southeasterly line of Iowa Highway 28 to the noth line of said Southwest Quarter of the Southeast Quarter; thence South 89 degrees minutes 24 seconds East, 723.93 feet to the northeast corner of said Southwest Quarter of the Southeast Quarter; thence South 00 degrees 48 minutes 52 seconds West, 1331.36 feet to the southeast corner of said South- west Quarter of the Southeast Quarter; thence North 88 degrees 16 minutes 21 seconds West, 1297.06 feet to the point of beginning, having an area of 35.49 acres. EXCEPT the south five hundred (500) feet of Parcel “N” of the survey of the Southwest M: of the Southeast ‘A of Section 3,Township 76 North, Range 25 West of the 51h P.M., Warren County, Iowa, as shown in book 2009, Page 1899 in the office of the Warren County Recorder. ' Located approximately in the 7800- 7900 block of Highway 28, Prole, Iowa 50229. The text of the application is on file in the ZONING OFFICE in the Warren County Administration Building, 301 North Buxton, Suite 210, Indianola, Iowa, and may be examined during regular office hours (Monday through Friday, 8:00 am, to 4:30 pm). ‘ Written comments will be accepted during regular office hours or before the hearing. Send comments to: Warren County Zoning Office, 301 North Buxton, Suite 210, Indianola, Iowa 50125 or email them to: nin w rren nt ia. r Dated at Indianola, Iowa this 23rd day of January, 2019. Lindsey Baughman Zoning Administrator OFFICIAL PUBLICATION NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held before the WARREN COUNTY BOARD OF ADJUSTMENT on the 13th day of February, 2019 at 6:35 pm. in the 2nd floor Board of Supervisors Meeting Room, Warren County Administration Building, Indianola, Iowa. Said hearing is in regard to an application submitted by Nick and Beth Adams, 2608 W. 10th Avenue, Indianola, IA 50125. A variance is sought from Title V, Chapter 41.02 [6][A][3] of the 2018 Warren County Zoning Ordinance which provides for: No more than four (4) dwellings are permitted in any quarter-quarter. However, one (1) additional dwelling may be allowed with the approval of the Warren County Board of Adjustment. If granted, the variance would allow for one additional .dwelling to be built on property described as: Parcel “H” -Part of the Northwest Quarter (NW W) of the Southwest Quarter (SW 1A) of Section 29, Township 76 North, Range 24 West of the 5th P.M., Warren County, Iowa, lying North of Centerline of Highway 92 as it presently exists and described as follows: Beginning at the Southeast corner of said NW ‘/4 SW V4; thence N88°57’20" W, along the South line thereof, 369.73 feet; thence Northwesterly 131.13 feet along a curve concave northeasterly with radius of 1146.00 feet and having a central angle of 06°33'22"; thence North 00°58'13" W, 838.53 feet; thence S 88°57’19”E, 500.31 feet to the east line of said NW ‘/r SW %; thence S 00°58'13”E, 846.03 feet to the point of beginning, containing 9.70 acres including 0.46 acres of highway right of way. EXCEPT Parcel “W” of Parcel “H” which is a parcel of land located in and forming a part of PARCEL “H” in the Northwest Quarter of the Southwest Quarter of Section 29, Township 76 North, Range 24 West of the 5th P.M., Warren County, Iowa, more particularly described as follows: Commenclng the Southeast Corn- er of the Northwest Quarter of the Southwest Quarter of said Section 29, and the Southeast Corner of said Parcel “H”; thence North 00°58'57"West along the East Line of the Northwest Quarter of the Southwest Quarter of said Section 29, and the East Line of said Parcel “H”, a distance of 59.37 feet to a point on the on the North Right-of Way Line of State Highway 92; thence North 86°18’1 8”West along the North Right-of—Way Line of State Highway 92, a distance of 266.87 feet to the Point of Beg- inning; thence continuing North 86°18’18" West along the North Right-of—Way Line of State Highway 92, a distance of 76.00 feet; thence Northwesterly along a curve concave northeasterly with a radius of 1430.00 feet, an arc length of 161.26 feet, a chord length of 161.17 feet and a chord bearing of , North 80°05’12" West along the North Right-of-Way Llne of State Highway 92 to a point on the West Line of said Parcel “H”; thence North 00°58’57" West along the West Line of said Parcel “H”, a distance of 354.44 feet; thence South 88°59’02" East, a distance of 234.16feet; thence South 00°58’57" East, a distance of 382.93 feet to the Point of Beginning, containing 2.00 Acres, subject to all ease- ments, covenants and restrictions of record. The text of the application is on file in the ZONING OFFICE in the Warren County Administration Building, 301 North Buxton, Suite 210, Indlanola, Iowa, and may be examined during regular office hours (Monday through Friday, 8:00 am. to 4:30 pm). Written comments will be accepted before or during the hearing. Send comments to: Warren County Zoning Office, 301 North Buxton, Suite 210, Indianola, Iowa 50125 or email them to: ni rr n i . Dated at Indianola, Iowa this 23rd day of January, 2019. Lindsey Baughman Zoning Administrator sesame aft In-Floor Geothermal Heating “Insured Certified" (515) 989-0106 ‘SALES ~ SERVICE ~~REPLACEMENT BATHROOM REMODEL