Supervisors pass flood plain management ordinance

by Bob Beach

During its regular meeting Monday, April 18, the Allamakee County Board of Supervisors met again with attorney Jim Garrett and his clients from Stilwell Island near Harpers Ferry regarding a zoning issue that has been ongoing since 2001. The Board recently approved a settlement agreement in the County’s case against Melwood, LLC to resolve alleged setback requirement violations, but agreed to revisit the issue at the request of Garrett’s clients.
Allamakee County Zoning Administrator Tom Blake said that he had reviewed the file on the case and examined the zoning ordinance that was in effect at the time construction on the home in question began. Blake said he had determined that the zoning ordinance could be interpreted to allow for smaller setback requirements and under such an interpretation, the terms of the settlement agreement would resolve those issues.
Allamakee County Attorney Jill Kistler said that she will be able to defend the Board’s decision to agree to a settlement in the case. She added that a hearing has been scheduled for May 2 in which Garrett’s clients’ intervention in the case, as well as his motion to set aside the settlement agreement, will be considered by the court.
Supervisor Larry Schellhammer said that the case puts him in an awkward position, as he has been long-time friends with several of Garrett’s clients. He said that though it bothers him to be forced to side against his friends, he felt that he must trust the advice of Blake and Kistler. “The settlement agreement is defendable and does not stand in the way of the case moving forward,” he said. Chairman Cloy Kuhse and Supervisor Sherry Hartong agreed, voting to stand by the original settlement agreement.
The Board also approved the second reading of the proposed flood plain management ordinance that would qualify the County to participate in the National Flood Insurance Program (NFIP). Having heard no further comments or concerns about the ordinance, the Board voted unanimously to waive the third and final reading of the ordinance and to pass the ordinance, which will go into effect immediately. The Board also passed a resolution of intent to participate in the NFIP.
In other business, the Board approved a contract with Cramer and Associates for three bridge deck overlay projects and an agreement with the Iowa Department of Transportation to fund a traffic safety project on a curve on County Road X52 north of Harpers Ferry. The Board also set Monday, May 2 at 9:30 a.m. as the date and time to open bids for granular rock resurfacing and Monday, May 2 at 9:45 a.m. as the date and time for a public hearing on the vacation of an old road in Center Township near Center Baptist Church.