Supervisors hold pair of meetings within past week due to Veterans Day holiday

by Bob Beach

The Allamakee County Board of Supervisors held a pair of meetings within this past week's time due to the Veterans Day holiday Monday, November 11. Coverage of both meetings appears below.

NOVEMBER 12

During its holiday-delayed meeting Tuesday, November 12 due to the Monday, November 11 Veterans Day holiday, the Allamakee County Board of Supervisors held several public hearings regarding proposed changes to the County's zoning ordinance and 911 ordinance. The first public hearing regarded a proposed change to the zoning ordinance to establish an application fee for building permits.

Allamakee County Zoning Administrator Tom Blake explained that the ordinance currently includes a fee for the issuance of a building permit, which sometimes resulted in checks for the fees being held until the permits were eventually issued; the proposed amendment would eliminate the building permit issuance fee in favor of a non-refundable building permit application fee. Blake said that he would continue to work with applicants to ensure that permits are approved whenever possible. Hearing no comments from the public, the Board closed the public hearing. Formal consideration of the amendment will be on the Board's agenda for next week's regular meeting.

The second public hearing regarded a rezoning request for property at 923 and 925 Lansing Harpers Road from Residential (R-1) to Low Density Residential (R-2) to allow for lots smaller than three acres. Blake said he had received no comments from the public regarding the proposed change. The Board closed the public hearing. Formal consideration of the change will also be on the Board's agenda for next week's regular meeting.

The third public hearing regarded proposed changes to the County's E911 ordinance to make the ordinance consistent with the County's zoning ordinance. Doug Mullen of Lansing said that he would like to see an Attorney General's opinion on the legality of including regulations regarding driveway widths in the E911 ordinance, reasoning that the State Legislature wants farms exempt from zoning and the County should not circumvent that exemption by including such regulations in the E911 ordinance, from which farms are not exempted.

Allamakee County Attorney Jill Kistler said that the County is not required to provide emergency services, but since it does provide such services, it is not too much to ask that County residents provide safe access for emergency vehicles, adding that the E911 ordinance does not represent a conspiracy to impose zoning regulations on farmland. Supervisor Sherry Strub said that the regulations regarding driveway width are in place to protect the safety of both rural residents and fire and rescue volunteers. The Board approved the first reading of the ordinance but directed Kistler to seek an Attorney General's opinion on the issue and directed E911 Coordinator Chris Fee to contact Farm Bureau to determine if there are any other objections to the ordinance.

The Board also met with real estate developer Jack Sweeney of Waukon to discuss the possible listing of the Makee Manor property on the Multiple Listing Service real estate network. Board Chairman Larry Schellhammer said that he does not think listing the property for zero commission would be the wisest choice, noting that with no commission, real estate agents would have no incentive to seek out buyers for the property. Sweeney said that if a commission were offered, the listing agent would receive 60% of the commission while the agent who sold the property would receive the remaining 40% of the commission. Schellhammer said that offering a commission would keep other real estate agents from feeling slighted or that Sweeney was being given special treatment. Supervisor Dennis Koenig suggested that a six percent commission would be appropriate, which is the standard commission for such real estate sales. The Board directed County Attorney Jill Kistler to work with Sweeney to develop a listing agreement.

In a related matter, Kistler advised the Board to amend a resolution passed by the Board of Supervisors in 1997 that requires that all County property be sold either at public auction or by sealed bid. She said that she had attempted to discover the reasoning behind the original passage of the resolution, but was unable to do so. She added that it doesn't make sense to limit the County's options with regard to the sale of real estate, as the procedure for such sales is included in the Iowa Code. The Board directed Kistler to develop the language to amend the resolution and present it to the Board for its consideration.

The Board also canvassed the results of city elections held Tuesday, November 5. In Postville elections, the Board declared Leigh Rekow the winner of the mayoral election; Mary Engstrom and Robert Fadness the winners of the City Council election; and Dawn Hernandez as the winner to fill a vacancy on the City Council. In Lansing elections, the Board declared Mike Brennan as the winner of the mayoral election; Rebecca Conway, Ross Kolsrud and Patrick Wagner as winners of four-year terms on the City Council; and Dick Roeder and David Darling as winners of two-year terms on the City Council. In New Albin elections, the Board declared Barry Stahl the winner of the mayoral election; Diane Erbe as Treasurer; and Lori Darling and Debra Stantic as winners in the City Council election. In Waterville elections, the Board declared David Monserud the winner of the mayoral election Robbie Burrett, Kurt Rathbun, Bob Ryan, Mark VanderKolk and Joe Weipert winners of the City Council election. In Harpers Ferry, the Board declared Jerry Valley the winner of the mayoral election and Thomas Boots and Donald Gibson winners of the City Council election.

The Board also recanvassed the results of the Waukon elections following an administrative recount for Ward 2, which was completed Friday, November 8. The Board declared Loren Beneke the winner of the mayoral election and declared there to be no winner in the election for the City Council at-large seat, as neither incumbent Joe Cunningham nor write-in candidate Darrold Brink had received more than 50% of the votes cast. The Board also approved a recount request from Brink for Wards 1 and 3 in that at-large race. County Auditor Denise Beyer reported that the recount for Wards 1 and 3 was scheduled for 2:30 p.m. Tuesday, November 12. The recount requested by John Ellingson for Waukon's Ward 3 Council seat was scheduled for Tuesday, November 12 at 6 p.m., Beyer reported.

The Board also met with Upper Explorerland Regional Planning Commission Executive Director Rachelle Howe, who presented the Board with a "community needs assessment" to be included in an application for a Community Development Block Grant for a handicapped accessible wellness facility at TASC, Inc. north of Waukon. The Board approved the needs assessment as presented and set December 9 at 10 a.m. as the date and time for a public hearing on the grant application.

Howe also informed the Board that the Upper Explorerland Board approved a 10 cent per capita increase in County membership dues, which will increase Allamakee County's dues by approximately $1,200. Chairman Schellhammer said that the Board will consider the increase during upcoming budget discussions.

In other business, the Board accepted and placed on file the Case Management annual assessment.

NOVEMBER 18

Some of the action listed on the agenda for the Allamakee County Board of Supervisors' Monday, November 18 regular meeting concerning Makee Manor had to be tabled due to the absence of Allamakee County Attorney Jill Kistler because of illness. The Board had to table its consideration of entering into an agreement with Jack Sweeney of Sweeney Real Estate to list Makee Manor through a Multiple Listing Service real estate network.

Sweeney was in attendance at the meeting and updated the Board on a letter of intent that he received from the company he had been corresponding with in regard to a possible purchase of Makee Manor, saying the letter "showed an interest" on behalf of that company. Sweeney said he was hoping to work with Kistler on an offer to buy arrangement in regard to the Makee Manor property.

In light of a potential sale of Makee Manor, the Board did approve a resolution amendment that had been drawn up by Kistler in regard to the sale of County-owned property. Resolution 97.154 passed in 1997 requires that all County property be sold either at public auction or by sealed bid, but it was not clear in the resolution whether "County-owned property" included real estate. Upon further research, Kistler devised an amendment to that resolution that clarifies that "County-owned real estate and real property" shall be sold in accordance with the State Code of Iowa, a process that involves a further resolution and a public hearing, with the Board approving Kistler's amendment.

Snow removal at Makee Manor was also discussed at the meeting, with the change in usage of the facility prompting the Board to reconsider past snow removal processes. In light of the current limited use of the facility, it was agreed snow removal for the driveway could be done on a "priority basis" by the County's Secondary Roads Department, while the sidewalks and parking area would be handled by Emergency Management Director Chris Dahlstrom on an as needed basis since his office is located in the facility.

Life Scout Zach Troendle of local Boy Scout Troop 64 was in attendance at the meeting to ask for the Board's approval for the Eagle Scout project he is planning to complete at the Makee Manor Cemetery. Troendle's project will involve the engraving of 68 memorial bricks with names and dates for each individual who has been identified as being buried in the cemetery, with another brick being engraved in commemoration of all others who are buried there but have not been identified. The bricks will be placed in front of the main stone commemorating those buried in the cemetery that was placed on site in 1999 by former Scout Clay Kramer as his Eagle Scout project.

Troendle's project will also include installation of a solar-powered light to illuminate the flag that flies at the Makee Manor Cemetery. He anticipates having the bricks engraved during the upcoming winter season and hopes to have the project completed next spring. The Board approved the project, which Troendle estimated at an initial total cost of $1,400 that he will be working to cover through fund raising efforts.

The Board's final agenda item considered was the swapping of office space between the Allamakee County Veterans Affairs office located across the street from the Allamakee County Courthouse with office space in the courthouse currently being provided by the County for the Iowa Department of Human Services. Allamakee County Veterans Affairs Director Heather Homewood listed the advantages for both entities with such a swap, including space considerations and convenience and privacy for clients served, and she was given the Board's approval by to discuss and pursue the move with the proper Department of Human Services officials.