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The Lone Tree Repecter, Thursday, September 22, 2005 Page 9
Minutes from the
,, Lone Tree Ci.ty .
ouncil Regular Meeting
September 12, 2uuo
.. Mayor Allison called to order at 6:30
M the regular meeting of the Lone
ree City Council with all present. Oth-
ers attending: Merry Thomae, Maria
rbes, Bob Olson, Steve Flake, Jill
= rbes, Cynthia Green, Amy Green,
h!rtey King, Les Schaapveld, Brian
ocn7
, marie, Jeff Uhs, Ruby Perezek,
Oacqueline Smetak, Dennis Nicola,
Eldon Slaughter Kay Olson and Atty.
Greenleaf arrivecl at 6:37 PM.
Motions carried with all Ayes unless
"loted. Hayes moved to amend the
llinutes of August 1st to include "after
one four days, then get someone in to
elp (in the absence of the City Clerk),
ecOnded by Smith. CARRIED. K.
Irown, S Brown moved to approve the
inutes of August 1st (with amend-
,ent), Auausto 10th and August 24th.
'ARRIED. K. Brown, S. Brown moved
approve the Clerk's Reports, subject
audit. CARRIED. Water samples
ere read from the UP Church and
,,;ast Side Village, reported safe and
.led.
Hayes Smith moved to approve
tESOLLJ'TION 2005-V (REGULATING
ARKING ON WEST COMMERCIAL
;TREET). CARRIED, S. Brown
Ltained. Smith, Hayes moved to
ave the Mayor read the Resotution.
• ARRIED. K. Brown, Hayes moved to
mend the Resolution to read: "with
Jspect to semi trucks and trailers only,
lest Commemial Street shall be des-
Inated as delivery parking only".
:ARRIED S Brown abstained.
8. Brown "K, Brown moved to allow
nyone who wishes to attend, includ-
;I any newly elected officials. CAR-
lED, Nay vote from Wieland.
Hayes S Brown moved to approve
ESOLUTI£)N 2005-W (APPROVING
3NTRACTOR PAYMENT ON LONE
:lEE WATER TREATMENT PRO-
:CT) in the amount of $40,275.25.
,RRIED.
Hayes, K. Brown moved to approve
PUrchase of water testing equip-
lent for $814 98 if we have the money
the budgei. Hayes withdrew his
lotion.
Hayes Smith moved to have the
!Ublic access computer cleaned for
HS.00. CARRIED. . _,
Wieland K. Brown moved to ladle
)arking on' East Linn Street b East
. Y
lde Village until the next work session
tnd to invite the Board members to the
eeting to discuss possibilities for
irking. CARRIED.
K. Brown Hayes moved to suspena
itne rules and read by t t e on y ORD -
NANCE 2005-7 (AMENDING THE
UBDIV S ON ORDNANCE OF THE
:CITy OF LONE TREE) perle n ng to
Idewalk installations. CARRIED.
, K. Brown Hayes moved to approve
!he first reaclino of ORDINANCE 2005-
. 3ARRIED.
1 Brown, Hayes moved to approve
EE OLUTION 2005-X (APPROVING
NUAL STREET FINANCIAL
i PORT). CARRIED.
(. Brown Hayes moved to approve
8OLUTI£)N 2005-Y (APPROVING
1 qUAL FINANCIAL REPORT).
:' :IRIED.
;mith, K. Brown moved to approve
;I:OLUTION 2005-Z (SETTING
III-EAGE REIMBURSEMENT RATE)
: :).approve the request. Ayes: Smith,
I hope that Heritage Agency wilt
land, K. Brown; Nay: Hayes;
stain. S Brown. Motion CARRIED.
_ Smith, Flayes moved to send the et-
r of support for the V s on ng Group
:i I to change to Dear Mr. Lihs. CAR-
-ED.
Smith Hayes moved to approve the
=rst realing of ORDINANCE 2005-8
AMENDING THE DEFINITION OF A
NOWMOBILE) and to have it read by
mesMayor. CARRIED.
f. mith, Hayes moved to approve the
.Irst reading of ORDINANCE 2005-9
(/MENDING PROVISIONS PERTAIN-
ING TO ABANDONED VEHICLES)
and to read by title only CARRIED.
,, Smith, S Brown mo;ed to suspend
t,,..me rules and read by title only ORDI-
,CE 2005-10 (AMENDING PROVI-
.f/ONE PERTAINING TO THE CEME-
FERy). CARRIED. Smith S. Brown
'.."oved to approve the first reading of
'ORDINANCE 2005-10. CARRIEDDio v
th Hayes, S Brown moved to app e
..ne Tree High School homecom-
ing parade route as presented. CAR-
RIED.
September 21st at 6:30 PM was set
for a special meeting and work ses-
sion.
Wieland, K. Brown moved to take a
recess. CARRIED 9:01 PM.
Mayor Allison re-opened the meet-
ing at 9:15 PM with all present.
The council went to the audience
area to review a recording of the July
27th special meeting.
Hayes, Smith moved to pay bills pre-
sented. CARRIED.
Hayes, Smith moved to adjourn the
meeting. CARRIED.
Mayor Allison declared the meeting
adjourned at 9:40 PM.
FOLLOWING CLAIMS ALLOWED:
GENERAL FUND
Iowa Alcoholic Beverages/Sunday per-
mit 40.00
Johnson County Treasurer/police con-
tract 3031.60
Johnson County Refuse/refuse con-
tract 3230.00
Johnson County Refuse/clean up day
1498.12
Johnson County SEATS/meal del
370.00
Slechta Communication/legal publica-
tions 148.32
Lynch, Greenleaf/attorney fees 784.00
E C I C O G/CDBG housing 1440.00
Johnson County Recorder/fees 24.00
Shelley Allison/mtg reg reimb 300.00
Iowa Book & Supply/supplies 86.24
Koch Brothers/copies, agreement
197.42
B D C/inspections 141.42
CD Welding Supply/rent 4.65
Linder Tire Service/tire repairs 15.00
Plumbers Supply/repairs 233.91
Lowe's/supplies 127.90
Unicom Wireless/phone charger 20.95
All Brookhart/salary 274.27
LaShawna Kennedy/salary 24.01
Nick Petsel/salary 687.33
Standard Pest Control/bug spray28.00
Johnson County SEATS/July fares
80.00
Johnson County SEATS/contract
3150.00
Cobb Oil Co/fuel 28.15
New Horizon FS/fuel 219.87
Dudley Brothers/CDBG Housing
17340.00
I I T I/CDBG Housing 650.00
Nate's Lawn Service/mowing, trimming
775.00
Nextel/phone fees 57.29
Iowa Telecom/phone fees 257.22
Verizon/phone fees 23.27
Alliant Energy/gas & elec fees 747.06
Blue Cross/Blue Shield/premium
1859.64
Postmaster/stamps 37.00
F & M Sav. Bank/fireworks 1400.00
F & M Sav. Bank/FICA, whhld 2599.49
IPERS Collections/pymnt, whhld
873.47
A O L/service 28.90
ROAD USE FUND
Alliant Energy/street lights 1501.00
WATER UTILITY
Cynthia Green/clothing 92.00
Hawkins Water Treatment/chlorine
376.68
' City of Iowa City/supplies 57.24
Utility Equipment Co/supplies 598.66
Hart-Frederick Consultants/services
6932.46
Iowa Telecom/phone fees 107.38
Randy Yakish/school water lines
794.77
New Horizon FS/fuel 57.50
Wendler Engirleering/water project
49377.50
Nextel/phone fees 28.64
Alliant Energy/elec fees 1353.63
SEWER UTILITY
Team Laboratory/supplies 435.75
Unicorn Wireless/phone charger 20.95
Iowa Telecom/phone fees 208.78
New Horizon FS/fuel 57.50
Nextel/phone fees 28.64
Alliant Energy/elec fees 442.59
R E C/elec fees 65.31
SENIOR DINING
Terri Mullinnix/salary, supplies 766.00
Georgia Riley/salary 881.72
Robert Dickey/salary, mileage 745.55
Hawkeye Foods/supplies 1057.22
F & M Sav. BanldFICA, whhld 511.84
IPERS Collections/pymnt, whhld
256.22
LT's Fine Grocery/supplies 527.53
ENERAL FUND
OAD USE
.WKI:ER UTILITY
WATER REVENUE
WATER PROJECT
EWER UTILITY
R. DINING
ASH IN CHECKING
AVING CERTIFICATES
FINANCIAL STATEMENT
RECEIPTS
$52,461.75
8,421.82
18,151.15
112,011.50
12,513.33
4,080.75
126,438.04
274,225.00
DISBURSEMENTS
$50,148.45
1,501.00
3,468.50
3,613.50
56,309.96
1,259.52
4,150.06
LEGALS
MERRY THOMAE,
TRASURER
SHELLEY ALLISON, MAYOR
ATTEST:
Merry Thomae
MERRY THOMAE,
CITY CLERK
submitted for publication
09-13-05
Published in the Lone Tree Reporter
Thursday, September 22, 2005. L225 '
Cost of this publication: $175.59
Fiscal year to date cost
(as of 7/1/05):
MINUTES OF THE FORMAL
MEETING OF THE JOHNSON
COUNTY BOARD OF
SUPERVISORS:
SEPTEMBER 8, 2005
Chairperson Stutsman called the John-
son County Board of Supervisors to order
in the Johnson County Administration
Building at 5:30 p.m. Members present
were: Pat Hamey, Mike Lehman, Terrence
Neuzil, Sally Stutsman, and Rod Sullivan.
Unless otherwise noted, all actions were
taken unanimously.
Motion by Sullivan, second by Leh-
man, to approve the claims on the Audi-
tor's Claim Register, as approved by a
majority of the Supervisors.
911 Magfizine 62.90
Accountemps 2683.56
Advanced Electrical S 2613.68
Allied Document Solut 2647.07
American Red Cross 166.70
Aramark Uniform Service 79.32
ARC 2586.95
Armstrong's Copy Shop I 85.63
AT&T Business Long Dist 24.17
Atlantic Signal 3990.00
Barber Properties 300.00
Barker Apartments 250.00
Battery Zone 84.130
Benton County Sheriff ( 50.00
Black Box Network Serv 205.00
Bob Haima 150.00
Bob Libby 118.24
Broken Arrow 154.88
Carquest Auto Parts 19.20
City Electric Supply 151.15
City Of Iowa City 1386.97
City Of Iowa City-Ac 21698.13
Comelec Services Inc 300.00
Copy Systems lnc l 11.00
Copyworks 20.00
Coralville Frame & Axi 810.69
Damian R Hamilton 350.00
Dan Ruess 10.00
Delta Dental Plan Of 6793.70
Dennis Compariy Inc 380.16
Dental Distributors In 423.39
Donna Ruegsegger 10.00
Douglas County Friends 75.00
Eaton Power Quality Co 893.00
Edwards Reporting Serv 191.00
Electronic Engineering 19.90
Elizabeth Beglin 383.04
Faraway Stores 75.00
Frohwein Supply Co 313.21
Gary Kloubec 10.00
Gazette Communication 1144.78
Global Protection LI 12301.50
Goodwill Industries Of 111.12
HACAP 510.42
Hawkeye Fire Safety Corn 94.85
Hawkeye Health Servic 558.9!)
Howie Moffit 91.25
Hy-Vee 1414.45
Hy-Vee Pharmacy 1064.11
Hy-Vee Pharmacy #1285 271.79
I Wireless 154.66
IAPELRA 75.00
Ikon Office Solutions t03.95
Imagetek Inc 300.00
IMWCA 38605.00
Iowa City Area Developm 25.00
Iowa City Press Citize 548.82
Iowa City Press-Citiz 831.58
Iowa City Tv 100.13
Iowa Emergency Number A 40.00
Iowa Paper &Chemical 293.39
Iowa Telecom 283.12
IPM Group Inc 206.52
Irish Reporting Inc 20.80
Janet Greenwald 45.50
Johnson County Clerk O 100.00
Johnson County Counci 1293.00
Johnson County Sheriff. 147.88
Lenoch & Cilek 42.54
Linder Tire Service Inc 71.35
Linn County Community 304.36
Lisa Waul 12.34
Lynn Crow 237.50
Mary Ann Miller Adams 150.00
Mayor's Youth Empowe 2638.20
McLeod USA 26.91
Medtronic Physio-Cont 8863.38
Mid American Energy 3658.87
Mid-American Energy 1457.40
Mid-States Communicatio 30.08
Minolta Corporation 26.64
Monroe Co Sheriff (Fl) 20.00
Motorola Inc 2547.00
NACBHD 200.00
Nada Appraisal Guides 115.00
Neighborhood Centers 1560.60
Office Depot Credit Pla 81.35
Oxford Properties 350.00
Palo Alto Co Sheriff 18.00
Patrick Harney 35.84
Pauls Discount Store 28.40
Penn Oaks Condos 450.00
Plumbers Supply 142.55
Qwest 38.14
Rem Iowa Community Se 4684.80
Rex's Refills 56.00
Rm Boggs Company, lnc 3204.24
Rod Sullivan 14.40
Roland J Achey 10.00
Shamrock Construction 3806.24
Sharon Telephone Compa 320.56
Slechta Communication 754.77
SME Inc 4.47
South Slope Coop Comm 2827.00
Spenler Tire 22.95
Stein, Moreland, Moore 165.00
Streichers 2124.95
Successful Living 150.00
Swisher Telephone Co 233.04
Tech Depot 48.18
Technigraphics 329.32
The Daily lowan 173.78
Thomas P Brase 50.28
Todd Hoagland 10.55
Treasurer, State Of Io 480.00
University Of Iowa De 2472.00
Van Meter Industrial In 98.74
Visa 5008.66
Watsh Law Firm 375.00
Walter J Plotz 10.00
Washington County Publi 58.50
Wellmark Blue Cross 81000.00
Welter Storage Equipme 475.00
West Liberty Telephone 716.16
Wester Drug Inc 217.35
Willson & Pechacek Plc 33.00
Women Officials In Naco 20.00
Motion by Neuzil, second by Harney,
to approve the minutes of the formal meet-
ing of September 1, 2005.
Motion by Harney, second by Leh-man,
to approve the payroll authorizations sub-
mitted by department heads, as approved
by a majority of the Supervi-sors.
Motion by Sullivan, second by Leh-
man, to accept the Recorder's Report of
Fees Collected for the month of July, 2005,
in the amount of $311,999.45, as submit-
ted by County Recorder Kim Painter.
Convened Public Hearing on Zoning
applications and Zoning Ordinance
Amendment at 5:33 p.m.
Application Z05005 of William L.
Brecht, Cedar Rapids, Iowa, requesting
rezoning of 0.51 acres from C-Commercial
District to CH-Highway Commercial Dis-
trict of certain property described as Lots
1,2,3,4,5,6,10, and 11 in the Town of Cou
Falls being in the NW 1/4 of the NW 114
of Section 21, Township 81 North, Range
7 West, of the 5th P.M. in Johnson County,
Iowa (This property is located on the east
side of Cou Falls Road NW, approximate-
ly 1/5 mile north of its intersection with
Amana Road NW in Jefferson Twp.).
Lehman asked whether parking is a per-
mitted use. Assistant Planning and Zoning
Administrator R.J. Moore replied that
parking on adjoining parcels is permitted.
Lehman asked what voice the three resi-
dential parcels would have in determining
where the access point might be. Moore
said that they would be part of the meeting
with the County Engineer and the purchas-
er of the property. Neuzil asked how many
people they are anticipating using the
parking. Moore said that once they get an
access point they might be able to better
delineate where parking will be. He said
that the ordinance requirements for park-
ing for churches will be looked at during
the site plan and platting. Harney said that
one of his concerns is that the County
vacated the road just to the east of the
building, and that right-of-way was within
two feet of the front door. He said that the
right-of-way area does not belong to the
peopl who are asking for the change of
zoning, and it is currently an awkward set
up.
Sullivan asked if they would have to
cease operation until they could provide
adequate parking if the current parking
lease were to end. Moore said the only
way that the County would be involved
would be if a building permit was needed
and thus became subject to the site plan
review requirements. Sullivan said he
doesn't see any other possible access point
that is not on somebody else's property.
Moore replied that a new easement could
be drawn up. He said there could be some
solution, and if the Board is uncomfortable
making the decision without knowing,
they might want to defer action for a week
in order to have the opportunity to negoti-
ate with the County Engineer and the other
property owners to find a solution. Hamey
replied that if the land is rezoned other
businesses allowed would be gas stations,
convenience stores, used cars sales, and
taverns. Stutsman replied that the land is
already zoned commercial. Harney said
that they would be creating a situation
where a wider range of types of businesses
could occupy that space. Moore replied
that if they don't rezone and the restaurant
stayed closed, someone else could still
take possession of that property and oper-
ate their business. The only way the Coun-
ty would have any oversight is if they
wanted to add structure or new buildings,
in which case the County could implement
site plan review requirements. Hamey said
that a wider range of businesses is allowed
in the CH zoning classification. Sullivan
said he sees this as an opportunity to fix
i
the application, or to not allow it to get
worse.
Bill Brecht spoke for the application.
Assistant County Attorney Andy Chap-
pell said that the discussion needs to focus
on the fact that this is just a zoning request
and the issue before the Board is whether
this is a prO[aer use of the land. He
explained that as the property sits today, it
is nonconforming use because of how
close the building is, the parking require-
ments, and the subdivision ordinance. He
said that this would never make it through
site plan review. The adjacent property is
zoned as CH land. Therefore the majority
of property out there is already CH-zoned
land. Up until January, when the County
changed the ordinance, a church would
have been an acceptable use in the district
it is now. As a practical matter, having a
lease for the parking is good. Because it's
a preexisting nonconforming use, Brecht
could open the restaurant tomorrow with
nothing more than a food code. He said
that if the restaurant was successful, there
would be cars there every night rather than
just on Sunday morning. Chappell said
that there isn't a question of where the
access would go because there is not going
to be an access over the other property, and
all the other land owners have entered into
an agreement with Mr. Brecht. Chappell
said it looked like over the years, people
have been cutting across the railroad prop-
arty, so to the extent that the County Engi-
neer wants to close off that access, he will
have Brecht redirect the parking to the
northwesterly area.
Stutsman said that she doesn't have a
problem with rezoning the property to CH
because she doesn't have a problem with
any of the uses allowed in CH except for
the truck terminal, which there isn't
'enough space for. Moore said that a
church will be a less intensive use of the
property than a restaurant was. Chappell
said that any other use than a church or a
restaurant wilt need a new building, which
would need a site plan review, and this
property would not'pass a site plan review.
Har-ney said that he wouldn't have such a
problem with the application if the drive-
way wasn't so close to the front door.
Chappell said that the access easement
might be that close but the traveled portion
isn't. Neuzil said that given ChappeU's
interpretation of the situation, he feels con-
fident that the access would be figured out.
Motion by Neuzil, second by Lehman,
to waive the requirement of three consider-
ations before amending an ordinance and
to approve Application Z05005 on first and
second considera-tion. Roll call: aye: Har-
nay, Sullivan, Stutsman, Lehman, Neuzil:
Application Z05006 of Harian Stah-
mer, Iowa City, Iowa, requesting re-zoning
of approximately 12.52 acres from R-Res-
idential and A-Agricultural to Rl0-Resi-
dential of certain property described as Lot
1 of Forty Oakes Subdivision being in the
SE 1/4 of the NE 1/4 of Section 31, Town-
ship 79 North, Range 5 West, of the 5th
P.M. in John-son County, Iowa (This prop-
erty is Io-cated on the west side of Taft
Avenue SE, approximately 112 mile south
of its intersection with Highway 6 SE in
Scott Twp.).
Lehman asked if the land would still be
ag related. Harlan Stahmer said that they
are trying to expand the building envelope
for their house to build an attached garage.
Lehman said that this will not permit
another dwelling. Stah-mer agreed.
Motion by Harney, second by Sulli-van,
to waive the requirement of three consider-
ations before amending an ordinance and
to approve Application Z05006 on first and
second consideration. Roll call: aye: Har-
ney, Sullivan, Stutsman, Lehman, Neuzil.
First consideration of amendment to
the Johnson County Zoning Ordinance
amending the Conditional Use Permit
Regulations of the Johnson County Uni-
fied Development Ordinance:
1. An Ordinance amending the
Con-ditional Use Permit Regulations of
the Johnson County Unified Development
Ordinance.
Section I. Purpose.
The purpose of this ordinance
is to further the stated purpose of the Uni-
fied Development Ordinance for Johnson
County by amending portions of the Con-
ditional Use Permit Regulations in Chapter
8:1.20 to remove the requirements of a
public hearing before and a report by the
Planning and Zoning Commission.
Section II. Amendments.
a. Article 8:1.20(II)(2) is hereby
amended by deleting the second com-plete
sentence thereof which provides: "No
Conditional Use shall be approved by the
Board of Adjustment without a report from
the Planning and Zoning Commission after
a public hearing by that body unless other-
wise provided herein"
b. Article 8:1.20(II)(8)(c)(4) is
hereby amended by deleting it in its en-
tirety.
c. Article 8:1.20(II)(8)(d)(3) is
hereby amended by deleting it in its en-
tirety.
d. Article 8:1.20(II)(8)(f)(8) is
• LEGAI.$ - see page 10