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The Lone Tree Reporter
Lone Tree, Iowa
September 22, 2005     The Lone Tree Reporter
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September 22, 2005
 
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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