Cost of this publiction: 433.58
Fiscal year to date cost
(as of 7/1/24): 7498.23
THE JOHNSON COUNTY BOARD OF SUPERVISORS
FORMAL MEETING MINUTES
OCTOBER 24, 2024
Proclamations, ordinances and resolutions adopted by the Board of Supervisors are only summarized in the published minutes; the full text may be inspected at the Office of the County Auditor, 913 S. Dubuque Street, Iowa City, Mon. thru Fri., between 8:00 a.m. and 5:00 p.m. and at www.johnsoncountyiowa.gov.
Chairperson Sullivan called the Johnson County Board of Supervisors to order in the Johnson County Health and Human Services Boardroom at 9:01 a.m. Members present: V Fixmer-Oraiz, Jon Green, Lisa Green-Douglass, Royceann Porter, and Rod Sullivan. Member absent: Jon Green.
All actions were taken by the following vote: Roll call: Aye: Fixmer-Oraiz, Green-Douglass, Porter, Sullivan; Absent: Green.
PUBLIC COMMENT: No business.
PROCLAMATION NO. 10-24-24-01
BRAIN HEALTH AWARENESS MONTH
OCTOBER 2024
Summary: Brain health is essential to overall health. Recognizing Brain Health Awareness Month empowers individuals to seek help and contributes to the creation of a more resilient and inclusive society. Board Action: Proclaim October 2024, as Brain Health Awareness Month in Johnson County, Iowa, urge everyone to promote awareness of brain health and support friends, family, and community members in maintaining and improving their mental well-being.
Motion by Fixmer-Oraiz, second by Green-Douglass, to approve Proclamation No. 10-24-24-01. Mental Health/Disability Services Director Jan Shaw spoke.
Motion by Green-Douglass, second by Porter, to approve the claims on the Auditor’s Claim Register for October 24, 2024.
4 Cs Community Coordi 4000.00
611 N Johnson Llc 700.00
Abbe Center For Comm 11404.88
Abbehealth Inc 161811.31
Abc Disposal Systems I 482.87
Ae Outdoor Power 119.95
Aero Rental Inc 800.85
Aging Services Inc 781.02
Airgas Usa Llc 439.10
Alison Alldredge 19.00
Alliant Energy 262.08
Alphagraphics 9.00
Amazon.Com Capital Se 1783.31
American Checked Inc 16.75
American Rebar Llc 3105.88
Anderson-Bogert Engine 798.00
Applied Ecological S 11144.86
Apts In Ic Llc 850.00
Arc Of Southeast Iowa 4796.70
Arnold Motor Supply L 1197.67
B&H Photo & Video 1546.95
B&H Photo Video Pro A 1543.90
Bader Auto Detailing 250.00
Benton County Access 5536.44
Benton County Transpo 1116.00
Benton Villa Residenti 700.00
Beverly J Spencer 850.00
Bob Barker Company In 1953.36
Bon Aire Mobile Home L 415.00
Boomerang Corp 5367.77
Bound Tree Medical Ll 8804.37
Brad Comer 180.00
Brehme Drug Inc 324.33
Bremer County Sheriff 25.90
Buchanan County Sheriff 41.63
Buffalo Ridge Orchard 500.00
Bur Oak Land Trust 11880.00
Calibre Press 937.00
Can-Am Technologies 93180.00
Caring Hands & More L 3094.36
Cedar Valley Communit 8062.50
Central Iowa Detention 911.41
Centurylink 107.67
Challenge To Change 22700.00
Charm-Tex Inc 59.40
City Laundering Co 180.27
City Of Iowa City 39.32
City Of Iowa City - Lan 15.00
City Of Iowa City - Ut 200.00
City Of Iowa City-Ac 10446.89
Cj Cooper & Associates 220.00
Community & Family Res 150.00
Complete Mechanical 11000.00
Connolly Constructi 380052.03
Consumers Cooperative 6102.17
Copy Systems Inc 246.30
Copyworks 45.00
Corridor Woods Lp 800.00
Cott Systems 2405.00
Cove Equipment 1460.31
Cr Care Pharmacy 105.05
Cr Signs Inc 2529.00
Crescent Community Hea 189.96
Custom Hose & Supplie 1699.44
Dan’s Overhead Doors 153.40
Darrell E Davis Adult 1730.20
Deery Brothers Ford 238983.63
Delta Dental Of Iowa 8528.13
Dkc Real Estate Llc 1400.00
Dlouhy Law Pc 240.00
Dominic Pernetti 3.20
Dream City 6708.96
Dubuque County Sherif 5000.33
East Central Iowa Coun 150.00
Eastern Iowa Light & P 270.95
Ecolab 1828.20
Eldon C Stutsman Inc 2731.88
Electric Motors Of Iow 142.95
Eo Johnson Business Te 855.17
Equality Through Comm 9246.30
Evergreen Estates 761.13
Exceptional Persons In 148.64
Families Inc 7961.56
Fidelity Security Lif 3856.36
Foundation 2 1170.00
Full Circle Services 2046.84
Galls Llc 79.01
Gannett Iowa Localiq 699.04
Gary J Schmit 700.00
Gaslight Village Llc 525.00
Gbw Llc 850.00
George Murphy 2000.00
Glenwood Phoenix Condo 700.00
Goodfellow Printing 30913.00
Grainger 155.40
Greater Ic Housing Fe 1600.00
Green Styles Erosion 1400.00
Guardians Of Ne Iowa 2000.00
Harrys Custom Trophies 14.50
Hawk Wash Llc 595.00
Hawthorne Apartments 22 25.00
Heartland Co-Op 12892.00
Heartland Shredding Inc 35.00
Heritage Property Mana 650.00
Hillcrest Family Se 177066.59
Hilltop Mobile Home Pa 475.00
Hindsight Development 800.00
Holiday Mobile Home Co 750.00
Houses Into Homes 4700.17
Hughes And Trannel Pc 74.75
Hy-Vee #1281 586.65
Hy-Vee Inc 125.81
Ihs Pharmacy 1247.87
Imagine The Possibiliti 59.33
Inclusion Connection I 406.33
Insight Public Sector 116.28
Interstate All Batter 3753.25
Iowa City Community 17500.00
Iowa County Sheriff’s 833.28
Iowa County Transport 2719.56
Iowa Homeland Security 150.00
Iowa Law Enforcement A 250.00
Iowa Medicaid Enterp 34784.44
Iowa Process Service 580.00
Iowa Public Health Ass 500.00
Isu Extension & Outrea 100.00
Jcg Land Services Inc 751.40
Jm Rentals Llc 490.00
Jmg Properties 750.00
John Deere Financial F 320.24
Johnson County Agric 41300.00
Johnson County Audito 8056.96
Johnson County Auditor 42.43
Johnson County Public 3416.27
Johnson County Refuse 103.71
Johnson County Sherif 7456.78
Jones County Jets 273.53
Jpn Real Estate Group 700.00
Kasey Hutchinson 23.04
Kelly D Steele Attorn 1360.00
Kelly Family Partnersh 600.00
Kiecks Career Apparel 224.95
Kimball Midwest 1049.15
Kirkwood Community Coll 46.00
Kmb Property Managemen 430.00
Lagrange Pharmacy Inc 311.06
Lake Ridge Inc 772.00
Lakewood Hills Holdin 2100.00
Lambert Reporting 481.45
Larrabee Center Inc 1998.69
Linda S Lovik 800.00
Linde Gas & Equipment I 54.12
Lindeman Law 924.00
Linder Tire Service In 412.72
Linn County Lifts 102.00
Linn County Rec 2579.28
Linn County Sheriff 10955.94
Linn County Treasurer 2083.33
Lionheart Early Learni 500.00
Logan Contractors Supp 160.00
Lone Tree Preschool 90.00
Loving Arms Kids Care 1192.80
Lowe’s 252.84
Lower Holdings Llc 850.00
M2dcon Inc 320.52
Madison National Lif 10351.64
Mailing Services Inc 8000.00
Matthew Tracy 48.71
Medela Inc 1279.00
Medical Associates Cl 3590.00
Menards - Iowa City 6670.21
Mercy Psych Group/Mer 2275.00
Meridian People Deve 30150.00
Michael Lintz 79.98
Mid American Energy 7380.96
Midwest Frame & Axle 191.59
Midwest Janitorial Se 3333.83
Midwest Spray Team & S 804.00
Modern Manor Inc 772.00
Mutual Wheel Company 310.94
Nagle Limited Partners 555.00
Napa Auto Parts 758.09
Night Owl Support Syst 285.00
Office Express Office 429.50
Office Machine Consulta 47.15
Om Home Llc 150.00
Ottsen Oil Co 2138.13
Owa Patch/Midwest Pat 9999.00
Pacer Service Center 58.70
Pacific Interpreters 45.00
Pak Llc 1400.00
Patricia D Desjardins 540.85
Phelan Tucker Law Llp 357.20
Plumb Supply Company 69.59
Pomps Tire Service Inc 352.50
Ppg Architectural Fini 117.00
Pride Group Inc 7148.59
Prime Properties 700.00
Priority Dispatch Cor 8400.00
Progressive Rehabilitat 78.00
Project Lifesaver Inc 109.54
Psc Distribution 2145.82
Pyramid Services Inc. 1276.99
Quadient Finance Usa I 444.69
Racom Corporation 315.00
Rangemasters Training 408.07
Redfinch Investments L 700.00
Rem Iowa Community S 93884.01
Resources For Human De 500.00
River Products Co 16189.92
Safelite Autoglass 440.03
Schimberg Co 98.75
Schweitzer & Bajric 262.80
Scott County Sheriff 42.28
Scott Pharmacy Inc 250.70
Sector Technology Gr 32664.80
Seidl & Seidl Plc 1310.00
Sharon Ho 750.00
Sharon Telephone Comp 1249.40
Shive Hattery Inc 9800.00
South Slope Coop Commu 597.90
Southern Iowa Mental H 360.19
Spire Property Manage 1100.00
Stanley Consultants 71787.02
Staples Advantage 946.14
Star Equipment Ltd - C 998.55
State Hygienic Laborat 687.00
Steves Electric Inc 297.28
Storey Kenworthy Corp 400.00
Streichers 454.99
Successful Living 15046.83
Summit Food Service 24858.64
Sun & Fun Motorsports 590.32
Sunrise Village Llc 1194.00
Survive Today Llc 154.10
Susan Vileta 63.02
Symmetry Health Llc 547.35
Tanager Place 32770.87
The Lodge Apartments 700.00
Theisens Inc 364.95
Think Safe Inc 180.00
Thrive 1268.94
Titan Machinery 927.19
To The Rescue 1705.08
Treasurer State Of Io 1125.03
Trizetto Provider Sol 1493.69
Two Rivers Emergency 8800.00
Unitypoint Health 2034.00
University Of Iowa 11070.53
University Of Iowa Ho 1636.19
Unlimited Services In 7529.87
Us Cellular 2965.83
Us Jail Supply 935.00
Van Meter Industrial In 50.59
Veronica Stafford 530.16
Villa Garden Apartment 700.00
Visa 4446.96
Walden Ridge Holding L 850.00
Wellmark Blue Cross 181000.00
Wendling Quarries Inc 188.28
White Cap Construction 233.52
William A Lansing Pc 687.84
Your Best Interest Llc 200.00
Zest Catering Company 916.31
Motion by Fixmer-Oraiz, second by Porter, to approve the minutes of the Formal Meeting of October 17, 2024.
Motion by Porter, second by Green, to approve the payroll authorizations submitted by department heads and elected officials, as approved by a majority of the Supervisors.
Motion by Fixmer-Oraiz, second by Green-Douglass, to approve the application for alcohol license for Grace Huber, pending dramshop certification, as contained in the agenda packet of this meeting.
Motion by Green-Douglass, second by Porter, to receive and place on file the Recorder’s Report of Fees Collected for the month of September 2024 in the amount of $187,738.70, as submitted by County Recorder Kim Painter.
The Board acknowledged receipt of the September 9, 2024, Planning and Zoning Commission Meeting Minutes and the October 14, 2024, Report of the Planning and Zoning Commission.
ORDINANCE NO. 10-24-24-01
AN ORDINANCE AMENDING THE JOHNSON COUNTY FIREWORKS ORDINANCE TO ADD NEW DEFINITIONS, APPLICATION REQUIREMENTS, MINIMUM SEPARATION DISTANCES AND FALLOUT AREAS
Summary: The purpose of this ordinance is to amend the Unified Development Ordinance as provided below and summarized in the final third reading motion. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. If any section, provision, or part of this ordinance shall be adjudged invalid, illegal, or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged, invalid, illegal or unconstitutional. Effective Date: This ordinance shall be in effect after its final passage and publication as part of the proceeding of the Board of Supervisors.
Amendments:
A. Article 5:2.2.B is hereby amended by inserting “G” between 1.4 and “ UN”.
B. Article 5.2.2.C is hereby amended by inserting “G” between 1.3 and “as described as”.
C. Article 5:2.2 is hereby amended by adding new subsection 5:2.2 (G) which reads as follows: G. As used in this ordinance, the term “aerial shell” means the cartridge containing pyrotechnic composition, a burst charge, and an internal time fuse or module, that is propelled into the air from a mortar and that is intended to burst at or near apex.
D. Article 5:2.2 is hereby amended by adding new subsection 5:2.2 (H) which reads as follows: H. As used in this ordinance, the term “fallout area” means the designated area in which hazardous or flammable debris is intended to fall after fireworks are fired and shall not contain any spectator viewing areas, parking areas, public and private rights-of-way or structures.
E. Article 5:2.2 is hereby amended by adding new subsection 5:2.2 (I) which reads as follows: I. As used in this ordinance, the term “mortar” means the tube, closed at one end, from which aerial fireworks are fired into the air.
F. Article 5:2.2 is hereby amended by adding new subsection 5:2.2 (J) which reads as follows: J. As used in this ordinance, the term “discharge site” means the area immediately surrounding the location where fireworks are ignited for display.
G. Article 5:2.2 is hereby amended by adding new subsection 5:2.2 (K) which reads as follows: K. As used in this ordinance, the term “separation distance” means the distance necessary to secure spectator viewing areas, parking areas, public and private rights-of-way, hazardous materials sites, and any structures.
H. Article 5:2.2 is hereby amended by adding new subsection 5:2.2 (L) which reads as follows: L. As used in this ordinance, the term “ground display piece” means a fireworks device that functions on the ground or functions while mounted securely above the ground (as opposed to an aerial shell that functions in the air).
I. Article 5:2. is hereby amended by deleting subsection 5:2.2 (D) it in its entirety and replacing with the following: D. As used in this ordinance, the term “operator” means a person trained in fireworks safety who will set up and explode the fireworks and has at least completed the applicable American Fireworks Association (AFA) or the Pyrotechnics Guild International (PGI) training, education, and testing programs and requirements. An operator for the requirements of this ordinance may be a person who is apprenticing or is training to become certified.
J. Article 5:2.2 is hereby amended by adding new subsection 5:2.2 (M) which reads as follows: M. As used in this ordinance, the term “display site” means the immediate area where a fireworks display is conducted, including the discharge site, the fallout area, and the required separation distance from mortars to spectator viewing areas.
K. Article 5:2.2(F) is hereby amended by adding the following phrase “display” between the words “of” and “fireworks” in the first sentence.
L. Article 5:2.2 is hereby amended by adding new subsection 5:2.2 (N) which reads as follows: N. As used in this ordinance, the term “structure” means anything constructed or erected on the ground or attached to the ground, including, but not limited to, occupied or unoccupied buildings, barns, sheds, grain bins and silos, water towers, communications towers, electrical substations, electrical transformers and overhead electrical wires, solar arrays, battery energy systems, storage tanks, and swimming pools. Structures, as defined in this ordinance, do not include fences, signs, or retaining walls.
M. Article 5:2.3 is hereby amended by deleting it in its entirety and replacing it with the following: 5:2.3. Prohibition of Display Fireworks. No person shall use or discharge Display Fireworks in unincorporated Johnson County, Iowa unless a permit for such fireworks display is first obtained from the Johnson County Board of Supervisors in accordance with this ordinance.
N. Article 5:2 is hereby amended by adding new subsection 5:2.3a with the following: 5:2.3a. Prohibition of Consumer Fireworks. A person shall not use or discharge Consumer Fireworks in unincorporated Johnson County, Iowa, unless a permit for such fireworks display is first obtained from the Johnson County Board of Supervisors in accordance with this ordinance, on days other than the following: July 3 through July 5 between the hours of 9:00 am and 11:00 pm; December 31 between the hours of 7:00 pm and 11:59 pm; and January 1 between the hours of 12:00 am and 12:30 am.
O. Article 5:2 is hereby amended by adding new subsection 5:2.5a with the following: 5:2.5a. Separation distances requirements for Fireworks Display. The discharge site of all fireworks displays shall be separated from spectator viewing areas, parking areas, and any structures by a minimum of 140 feet or 70 feet per inch of mortar diameter, whichever is greater, as indicated in the following table: Mortar Diameter- Separation distance of discharge site from spectator viewing areas, parking areas, public and private rights-of-way, hazardous materials sites, and any structures; Less than or equal to 2.5 inches- 140 feet; Greater than 2.5 to 3 inches - 210 feet; 4 inches- 280 feet; 5 inches- 350 feet; 6 inches- 420 feet; 7 inches- 490 feet; 8 inches- 560 feet; 9 inches- 630 feet; 10 inches- 700 feet; 11 inches- 770 feet; 12 inches- 840 feet; and Greater than12 inches- To be determined by Board of Supervisors.
P. Article 5:2 is hereby amended by adding a new subsection 5:2.5b with the following: 5:2.5b. Minimum Fallout Area for Fireworks Display. The minimum fallout area diameter of all firework displays shall be 200 feet or 100 feet per inch of mortar diameter, whichever is greater, as indicated in the following table: Mortar Diameter-Minimum Fallout Area Diameter. This area may not contain any spectator viewing areas, parking areas, public or private rights-of-way, hazardous materials sites, or structures. Less than or equal to 2.5 inches- 200 feet; Greater than 2.5 to 3 inches- 300 feet; 4 inches- 400 feet; 5 inches- 500 feet; 6 inches- 600 feet; 7 inches- 700 feet; 8 inches- 800 feet; 9 inches- 900 feet; 10 inches- 1000 feet; 11 inches- 1100 feet; 12 inches- 1200 feet; and Greater than 12 inches- To be determined by Board of Supervisors.
Q. Article 5:2 is hereby amended by adding new subsection 5:2.5c with the following: 5:2.5c. The area selected for the discharge of aerial shells shall be located so that the trajectory of the shells from the mortar does not come within 25 feet of any overhead object including, but not limited to, trees and overhead wires or towers.
R. Article 5:2 is hereby amended by adding new subsection 5:2.5d with the following: 5:2.5d. Ground display pieces shall be located a minimum horizontal separation distance of 75 feet from spectator viewing areas, parking areas, public and private rights-of-way, hazardous materials sites, and any structures. At the discretion of the Board of Supervisors, ground display pieces with greater hazard potential, such as large wheels with powerful drivers, Roman candle batteries, and items employing large salutes, the minimum horizontal separation distance shall be increased to 125 feet from spectator viewing areas, parking areas, public and private rights-of-way, hazardous materials sites, and any structures.
S. Article 5:2 is hereby amended by deleting subsection 5:2.4 in its entirety and replacing it with the following: 5:2.4. Application. Application for a permit under this ordinance shall be made in writing on a form prescribed by the Board of Supervisors no later than 21 days before the anticipated fireworks display. The Board may, in its discretion, accept applications filed beyond the deadline set out herein. The application shall include such information as deemed by the Board to be necessary for its consideration, including but not limited to the following: 1. Name, address and telephone number of the applicant; 2. Name, address and telephone number of the operator; 3. An explanation of the operator’s proficiency, training, and experience in the use and discharge of fireworks display; 4. Description of intended fireworks display to include amount, and type fireworks, shell and mortar size, and any special considerations; 5. Date and time of fireworks display; 6. A drawing of the display area which includes the discharge site and fallout area locations and distances (in feet) from: A. Spectators, B. Parking, C. Structures, D. Public roads and rights-of-way (e.g. trails, sidewalks, and other areas where the public may congregate); E. Private roads and rights-of-way (e.g. trails, sidewalks, and other areas where the public may congregate); H. Hazardous Materials (e.g. private propane tanks, above ground pipelines and above ground fuel tanks).Additionally, the application shall be accompanied by a signed hold harmless agreement in favor of the County; or a bond or proof of insurance in an amount not less than $1,000,000 for a display of “display fireworks;” proof of applicable workers compensation insurance, satisfactory proof of insurance for the display of “consumer fireworks (1.4G),” and a copy of any required ATF permits or certifications.
T. Article 5:2 is hereby amended by adding new subsection 5:2.10 with the following: 5:2.10. Waiver. At the discretion of the Board of Supervisors, these regulations may be modified or waived upon recommendation of county staff, or where the applicant can prove there is no bona fide threat to the public’s health, safety, welfare, or the appropriate use of adjoining properties.
U. Article 5:2 is hereby amended by adding new subsection 5:2.11 with the following: 5:2.11. Permit Denial or Revocation. At their discretion the Board of Supervisors may deny or revoke a permit application during public emergencies or for reasons that are contrary to public health, safety, welfare.
V. Article 5:2.7 is hereby amended by adding the word “the” between the word “of and the word “permit” in the third sentence.
W. Section II is hereby amended by deleting everything after the word “Amendments.”
Motion by Green-Douglass, second by Fixmer-Oraiz, to approve the proposed ordinance, on third and final consideration, amending Chapter 4. Public Order, Safety and Health, Article 4:1 Fireworks, of the Code of Ordinances of Johnson County, to add new definitions, application requirements, minimum separation distances, and fallout areas, and to allow for the discharge of consumer fireworks during certain defined periods of time without a permit and approve Ordinance No. 10-24-24-01 amending the Johnson County Unified Development Ordinance. Roll call: Aye: Fixmer-Oraiz, Green-Douglass, Porter, Sullivan; absent: Green.
RESOLUTION NO. 10-24-24-01
RESOLUTION SETTING A PUBLIC HEARING ON VARIOUS DEVELOPMENT APPLICATIONS
Summary: The Johnson County Planning and Zoning Commission has filed its report and recommendations for certain actions. Board Action: Set a public hearing for November 14, 2024, at 5:30 p.m. in Room 203 B/C, Johnson County Health and Human Services Building, 855 South Dubuque Street, Iowa City, Iowa, on the following applications: Zoning applications filed by John & Cindy Pansegrau (PZC-24-28582) and Randy and Lora Miller (PZC-24-28583), and a platting application filed by Jeff and Carla Werning (PZC-24-28564). Authorize the Auditor to publish the official notice of the above public hearing. Motion by Fixmer-Oraiz, second by Porter, to approve Resolution No. 10-24-24-01 effective October 24, 2024.
Motion by Porter, second by Fixmer-Oraiz, to approve the First Amendment to the Fiscal Agent Agreement for Fiscal Year 2025 between the Johnson County Empowerment Board/Early Childhood Iowa Area Board and the Johnson County Board of Supervisors, effective November 1, 2024.
Motion by Fixmer-Oraiz, second by Porter, to approve the Agreement for Professional Exhibit Design Services between eSJay Creative Works, Des Moines, and the Johnson County Board of Supervisors, for the Lulu Merle Johnson Exhibit Project in an amount not to exceed $118,250.
Adjourned at 9:25 a.m.
/s/ Rod Sullivan, Chair, Board of Supervisors
Attest: /s/ Erin Shane, Auditor
On the 31st day of October 2024
Recorded by Auditor’s Office: Marly Melsh, Executive Clerk to the Board
These minutes were sent for formal approval and publication on October 31, 2024
Published in The News, Thursday, November 7, 2024 L-705
