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N. Warren Town and County News
Norwalk, Iowa
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August 14, 2014     N. Warren Town and County News
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August 14, 2014
 

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Page Six OFFICIAL PUBLICATION  ORDINANCE NO. 370-Z AN ORDINANCE AMENDING THE 2013 WARREN COUNTY ZONING ORDI- NANCE TO AMEND THE CODE OF ORDINANCESIS AS FOLLOWS. BE WAND IT IS HEREBY ENACTED by the Warren County Board of Supervi- SOre: ARTICLE I. PURPOSE: The purpose of this Ordinance is to amend the Warren County Zoning Ordinance as indicated. ARTICLE II. , AMENDMENT. The first proposed amendment is in CHAPTER 43, ZONING ENFORCEMENT AND ADMINISTRATION, Section 43.03 NOTICE IN WRITING. Delete: If the - Zoning Administrator shall find that any of the provisions of the Zoning Ordi- nance are being violated, the Administrator shall notify in writing the person responsible for such violation indicating the nature of the violation and ordering the action necessary to correct it. Add: County infraction. It will now read: If the Zoning] Administrator shall find that any of the provisions of the Zoning Ordi- nance are being violated, the Administrator shall notify in writing the person responsible for such violation/County infraction indicating the nature of the viola- tion and ordering the action necessary to correct it. The second proposed amendment is in Chapter 43, ZONING ENFORCEMENT AND ADMINISTRATION. Section 43.04 VIOLATIONS AND PENALTIES. De- lete: Every person convicted of a misdemeanor, by the reason of violations hereinafter set forth, shall be punished by a fine of not more than five hundred dollars ($500.00) for each violation or if the infraction is a repeat offense a civil "" penalty not to exceed seven hundred fifty dollars ($750.00) for each repeat of- fens, e. Add so it will now read: Every person convicted of a County infraction, by the reason of violations hereinafter set forth, shall be punished by a fine of not more than seven hundred fifty dollars ($750.00) for each violation or if the infrac- tion is a repeat offense a civil penalty not to exceed one thousand dollars ($1000.00) for each repeat offense. ARTICLE Ill. ZONING ORDINANCE. That the Warren County Zon- ing Ordipance are hereby repealed so as to change the reclassification as set forth above. ARTICLE IV. WHEN EFFECTIVE. This Ordinance shall be in effect after its passage and approval and publication as required by law. Passed and approved this 1 7= day of June, 2014. AI-rEST: WARREN COUNTY BOARD OF SUPERVISORS /s/Traci VanderLinden Is/Doua Shull TRACI VANDERLINDEN DOUG SHULL, Chair AYE /s/Steve Wilson STEVE WILSON, Vice-Chair AYE /s/Dean C. Yordi DEAN C.YORDI Member AYE Jll, OFFICIAL PUBLICATION ORDINANCE NO. 371-Z AN ORDINANCE AMENDING THE WARREN COUNTY ZONING ORDINANCE/ ZONING .MAP TO RECLASSIFY LANDS WITHIN WARREN COUNTY, IOWA FROM A-1 (AGRICULTURAL DISTRICT) TO C-2 (GENERAL COMMERCIAL- HIGHWAY SERVICE DISTRICT). BE IT AND IT IS HEREBY ENACTED oy the Warren County Board of Supervi- sors: ARTICLE I. PURPOSE. The purposeofthisOrdinanceistoamend the Warren County Zoning Ordinance so as to reclassify certain lands within Warren County, Iowa as indicated. ARTICLE II. AMENDMENT. That the following premises be hence forth reclassified as rezoned to C-2 (General Commercial-Highway Service Dis- trict) on property described as: All that part of the West 350' of the South 820.6' of the Southwest of the Southeast (SW 1,4 SE ) EXCEPT that part deeded to the State of Iowa recorded in book 131, Page 129 in the office of the Warren County Recorder AND EXCEPT Parcel "B" of the survey of the SW SE of Section21, Town- ship 74 North, Range 22 West of the 5 t" RM., Warren County, Iowa, as shown in Irregular Plat Book 17, Pae I of 74-22 in the office of the Warren County Re- c0rder. Said Tract descriieCl as follows: Beginning at the South!, corner of said Section 21; thence N 0040'36"W, along the West lin of said SW SE , a distance of 379.00' to a cap .pl iron rod at the Point of Beginning; thence N 0040'36"W, thence continuing along said West line, a distance of 245.02' to a capped iron rod; thenceN 8939'53 '' E, a distance of 350.01' to a capped iron rod; thence S 0040'36 '' E a distance of 252.79 to a point; thence N 8903'50"W, a distance of 350.14' to the point of beginning; Containing 2.00 acres. ARTICLE III. ZONING ORDINANCE AND ZONING MAP. That the Warren County Zoning Map, indicating the reclassification of the districts, and the Warren County Zoning Ordinance are hereby repealed so as to change the reclassification as set forth above. ARTICLE IV. WHEN EFFECTIVE. This Ordinance shall be-in effect after its passage and approval and publication as required by law. Passed and approved this 17 = day of June. 2014. AI-FEST: WARREN COUNTY BOARD OF SUPERVISORS /s/Traci VanderLinden /s/Doug Shull TRACI VANDERLINDEN DOUG SHULL, C.hair AYE Warren County Auditor /s/Stewe Wilson STEVE WILSON, Vice-Chair AYE /s/Dean C. Yordi DEAN C.YORDI, Member AYE OFFICIAL" PUBLICATION ORDINANCE NO. 372-Z AN ORDINANCE AMENDING THE WARREN COUNTY ZONING ORDINANCE/ ZONING MAP TO RECLASSIFY LANDS WITHIN WARREN COUNTY, IOWA FROM C-2 (GENERAL COMMERCIAL-HIGHWAY SERVICE DISTRICT) TO A- 1 (AGRICULTURAL DISTRICT). BE IT AND IT IS HEREBY ENACTED by the Warren County Board of Supervi- sors: ARTICLE I. PURPOSE. The purposeofthis Ordinance is to amend the Warren County Zoning Ordinance so as to reclassify certain lands within WarrenCounty, Iowa as indicated. ARTICLE I1. AMENDMENT. That the following premises be hence forth reclassified as rezoned to A-1 (Agricultural District) on property described as: The North 405' feet of Parcel "Q" in Section 10, Township 76 North, Range 25 West of the 5  P.M., Warren County, Iowa. Parcel "Q" is described as follows: All that part of Parcel J of the Southwest Quarter of the Northwest Quarter of Section 10,Township 76 North, Range 25 West of the 5  P.M.,. Warren County, Iowa, more particularly described as follows: Beginning at the Southwest corner of the Southwest Quarter of the North- " west Quarter, also being the Southwest corner of Parcel J; thence North 0039'21" East, along the West line of the Northwest Quarter, a distance of 825.00 feet; thence North 88o04'30 " East, a distance of 400.40 feet; thence South 0039'21 "West, a distance of 825.00 feet, to a point on the South line of the Southwest Quarter of the Northwest Quarter of said Section 10; thence South 8804'30"Weet, along said ;outh line, a distance of 400.40 feet to the Point of Beginning. Containing 7.58 AC=FIES, more or less, in- cluding 0.22 acres of road easement. ARTICLE II1. ZONING ORDINANCE AND ZONING MAP. That the Warren County Zoning Map, indicating the reclassification of the districts, and the Warren County Zoning Ordinance are hereby repealed so as to change the reclassification as set forth above. ARTICLE IV. WHEN EFFECTIVE. This Ordinance shall be in effect after its passage and approval and publication as required by law. Passed and approved this 17= day of June, 2014. ACrEST: WARREN COUNTY BOARD OF SUPERVISORS /s/Traci VanderLinden /s/Douo Shull TRACI VANDERLINDEN DOUG SHULL, Chair AYE Warren County Auditor /s/Steve Wilson STEVE WILSON, Vice-Chair AYE Is/. Dean C.Yordi DEAN C.YORDI, Member AYE N/Warren Town and County News OFFICIAL PUBLICATION ORDINANCE NO. 373-Z AN ORDINANCE AMENDING THE 2013 WARREN COUNTY ZONING ORDI- NANCE TO AMEND THE CODE OF ORDINANCES IS AS FOLLOWS. BE IT AND IT IS HEREBY ENACTED by the Warren County Board of Supervi- sors: ARTICLE I. PURPOSE: The purpose of this Ordinance is to amend the Warren County Zoning Ordinance as indicated. ARTICLE I1. AMENDMENT. Chapter 41, Section 41.02 At1 Agricultural Districts, [2][S] Delete: Requirement of one and one-half (1 ) times the height of the tower (as measured from the base) to all tower site boundaries. Add: Requirement of fall zone be equal to the height of the tower (as measured from the base) to all tower site boundaries. Chapter 41, Section 41.03 C-A Commercial Agriculture District), [2][G] Delete: Requirement of one and one-half (1 ) times the height of the tower (as mea- sured from the base) to all tower site boundaries. Add: Requirement o( fall zone be equal to the height of the tower (as measured from the base) to all tower site boundaries. Chapter 41, Section 41.1 O C-1 Local Service Commercial District, Ill[M] Delete: Requirement of one and one-half (1 ) times the height of the tower (as mea- sured from the base) to all tower site boundaries. Add: Requirement of fall zone be equal to the height of the tower (as measured from the base) to all tower site boundaries. Chapter 41, Section 41.11 C-2 General Commercial-Highway Service District, [1][1_] Delete: Microwave, radio, television and cellular telephone communica- tion towers. Distance regulations are one and one-half (1 ) times the height of the tower (as measured from the base) to all tower site boundaries. Add: Tow- ere allowing for the construction and erection, of microwave, radio, television, digital or cellular communication equipment. Towers 100 feet or less must be stealthed. No fall area on rnonopoles or silos. Fall areas shall be required on all towers over 100 feet in height. Requirement of fall zone be equal to the height of the tower (as measured from the base) to all tower site boundaries. Chapter 41, Section 41.12 M-1 Light Industrial District, Change the [1][Y] that was approved on October 15.2013 to [1][Z]. Delete: Requirement of one and one-half (1 ) times the height of the tower (as measured from the base) to all tower site boundaries. Add: Requirement of fall zone be equal to the height of the tower (as measuredfrom the base) to all tower site boundaries. ARTICLE Ill. ZONING ORDINANCE. That the Warren County Zon- ing Ordinance are hereby repealed so as to change the reclassification as set forth above. ARTICLE IV. WHEN EFFECTIVE. This Ordinance shall be in effect after its passage and approval and publication as required by law. Passed and approved this 17 " day of June, 2014. AI-rEST: WARREN COUNTY BOARD OF SUPERVISORS /s/Traci VanderLinden /s/Douo Shull TRACI VANDERLINDEN - DOUG SHULL, Chair AYE /s/Steve Wilson STEVE WILSON. Vice-Chair AYE /s/Dean C. Yordi DEAN C. YORDI, Member AYE OFFICIAL PUBLICATION CITY OF CUMMING Regular Council Meeting 7/28/2014 To be Approved at 8/11/2014 Meeting The Regular City Council Meeting of the City of Cumming was held at Cumming City Hall, 649 N. 44 t" St. on Monday, July 28, 2014. The Meeting was called to Order at 7:00 P.M. by Mayor Tom Becker. Present at Roll Call: Dave Chelsvig, Ed Harkin. Dine Goode, Peggy Koch, Jean Lare. Absent: None. Motion by Late, Seconded by Koch to Approve the Agenda. Approved 5-0. Reports: Waiting on the concrete to be poured for the sidewalk; ordered more items to arrive in time for the weekend of the Aug. 8" bike ride. The Halloween party has been set for Oct. 25 t" at 11:30 a.m. Consent Items Motion by Chelsvig, Seconded by Harkin to approve Consent Items: 7/14/14 Council Meeting Minutes, July 2014 IPERS Wage & Contribution Report, 7/25/ 14 Calculation & Verification Journal, 7/25/14 Accts Payable Acct Ledger. Ap- proved 5-0. Expenditures: Century Link Phone/Internet 167.77 Clerk Wages 6/30/14-7/13/14 810.36 Competitive Edge Park & Rec T-Shirts 915.00 Conner Electric Park Path Lighting 2983.61 IA DNR Annual Pollutant Discharge Fee 210.00 IPERS July 2014 249.91 MidAmerican Energy Service 740.72 Tom Becker 2  Qtr Mileage 74.87 US Bank Copier Lease 101.97 Total $6,254.21 Action/Discussion Items A. Discussion of changes to Ordinance 55.05 Livestock. Motion oy Lare. Seconded by Goode to send the changes to the City Attorney. Approved 5-0. B. Discussion of the home located at 4301 Cumming Ave. C. Discussion on the Comprehensive Plan Amendment. D. Discussion on the 2009 Capital Improvements Plan. The Clerk will have an updated Plan at a future meeting. E. Motion by G oode, Seconded by Lare to approve sending a letter regard- ing the density of the development of the Reveiz proPerty - to include the follow- ing: Commercial located along CtJmming Ave. with 75% of the remaining space to include 1 acre lots. and 25% of the remaining space to include acre lots. Approved 5-0. F. Discussion of Phase II Sewer. G. Discussion of the findings of the City Hall Committee. More info will be brought to a future meeting. Reports Mayor: Would like the Council to consider paying the representatives of the Planning & Zoning and Park Board for attending Council meetings. Council: Jean discussed the Water Feasibility stuay from DMWW. ,,Clerk: MidAmerican will be doing repair work along Cumming Ave on Aug. 5"; 3324 N Doe Run has been mowed; the trees and brush along Cumming Ave will be taken out this week; Vern Rash at DMWW is meeting with the Sprint reps regarding the water tower: Joint sealing will start next week. UPCOMING CITY COUNCIL MEETING: August 11,2014.7:00 pm at City Hall Motion made by Lare. Seconded by Koch to Adjourn at 8:32 p.m. Approved 5-0. Tom Becker, Mayor: Rachelle Swisher. City Clerk/Treasurer PHOTO PRINTING is a full commercial printer. *Flyers *Letterhead *Envelopes *Brochures *Magazines *Newsletters *Books, etc. Call for a free estimate! Photo Printing, Inc. 210 S. 1st St., Carlisle, IA 50047 515-989-3251 Thursday, August 14, 2014 Senate News By State Senator Julian B. Garrett Julian.Garrett@legis.iowa.gov. No Mandatory Minimums for Juveniles The Iowa Supreme Court has recently ruled in a case called State v. Lyle that juveniles comicted of any crime in Iowa cannot be given a mandatory minimum sen- tence. This 4-3 decision makes Iowa one of the most le- nient states in the union when it comes to sentencing juveniles for crimes. The reason given by the Court is that a minimum sentence for a juvenile is cruel and un- usual punishment in violation of the constitution. This line of cases began in 2010 when the U.S. Su- preme Court ruled that life in prison without the possi- bility of parole for juveniles in non-homicide cases was cruel and unusual punishment in violation of the 8th amendment to the U.S. Constitution. A number of states including Iowa provided for life sentences without the possibility of parole for juveniles and adults if convicted of one of several serious felonies. I managed the bill in the Iowa House to address the issue by providing for a minimum of 25 years in the case of non-homicide crimes committed by juveniles. In 2012, the U.S. Supreme Court ruled that mandatory life sentences without khe possi- bility of parole were cruel and unusual .punishment, even in cases of first degree murder. I tried, unsuccess- fully, to get a bill passed to address this issue. In the Lyle case, the crime was robbery. The Iowa Su- preme Court ruled that Lyle's sentence of seven years minimum before he would be eligible for parole was also cruel and unusual punishment in violation of the Constitution. The Court majority ruled that when the defendant is a juvenile, them can be no mandatory mini- mum sentence. It said that the trial court must take into consideration a number of factors regarding that spe- cific defendant in passing sentence. Three of the seven Supreme Court Judges dissented. If this situation goes on for any length of time, we will soon have commenta- tors and perhaps courts complaining that sentences for juveniles are different depending on the judge who does the sentencing. This will be criticized as unfair and per- haps a violation of equal protection concepts. In making these rulings the Courts have overturned the sentencing laws of most states in the nation. I be- lieve this is another case of courts legislating from the bench, substituting their opinions for the will of the people expressed through their elected representatives. Hopefull) we will be able to address this issue when we convene in January. As always, feel free to contact me with your ideas or concerns at Jul!an.Garrett@legis.iowa.gov or 515-281- 3371. OFFICIAL PUBLICATION WARREN COUNTY SHERIFF Description: One Silver Apple I-POD with soft plastic cover and ear phones. Recovered from Stoney Creek Inn. 5291 Stoney Creek Pt, Johnston. Owner should contact the Warren County Sheriff's Office 515-961-1122 Case #: 2012-1107. SUBSCRIBE TODAY! 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