Waterloo, Iowa April 18, 2017
The Board of Supervisors of the County of Black Hawk, in the State of Iowa, met in regular adjourned meeting at the Courthouse in Waterloo, County Seat of said County, at nine o’clock (9:00) a.m., pursuant to law, to the rules of said Board, and to adjournment. The meeting was called to order and on roll call there were present: Frank Magsamen, Chair; Linda Laylin, Tom Little, Chris Schwartz and Craig White.
Absent: None.
Unless otherwise noted, all actions were approved unanimously.
Moved by Little, seconded by Schwartz that the AGENDA be received and place on file with the County Auditor as amended. Motion carried.
White moved the following resolution seconded by Schwartz.
BE IT HEREBY RESOLVED by the Board of Supervisors of Black Hawk County, that the Board of Supervisors APPROVE EXPENDITURES, and that the County Auditor be authorized and directed to ISSUE CHECKS, against the various settlement of such claims as allowed:
GENERAL BASIC FUND
MIDWEST AUTOMATED TIME SYSTEMS, svc $393.00
COLLECTION SVC CTR, oth pay
$691.64
IRS, fed pay $66,468.85
IA DEPT OF REV, state pay $27,638.00
SSA, fica $97,230.80
BHC SHERIFF, oth pay $317.27
CEDAR VALLEY UNITED WAY, oth pay
$132.50
B&B LOCK & KEY INC, eq $2.76
BDI, supl $9.10
BICKLEY, MARK, svc $1,085.00
BMC AGGREGATES , supl $76.23
CITY OF CEDAR FALLS, fuel $175.00
DUNCAN, TARA, svc $700.00
FRED PRYOR SEMINARS, educ
$299.00
FULLER, ANGELA, svc $700.00
JOHNSTONE SUPL, supl $268.21
JUNKER RENTALS, rent $450.00
KARENS PRINT RITE, svc $181.00
LAW OFFICE OF CHRISTINA SHRIVER,
svc $114.00
MATT PARROTT/STOREY KENWORTHY, supl $668.72
MENARDS CF, prts $1,015.10
MENARDS WLOO, prts $644.90
NAPHCARE INC, svc $98,957.52
O’KEEFE ELEVATOR CO INC, maint
$134.08
PER MAR SECURITY SVCS, svc
$1,853.78
PPG ARCHITECTURAL FINISHES INC,
supl $20.99
RITE PRICE OFFICE SUPL INC, supl
$967.25
SANDEES LTD, supl $14.20
SCHROCK PROPERTIES , rent $200.00
SCOTS SUPL CO INC, supl $66.80
SLED SHED, eq $1,273.75
US BANK, misc $12,469.94
WD INVESTMENTS , rent $225.00
WEBER PAPER CO, supl $1,092.73
BUCK BRENDA, mil $64.74
BUNGER DEBRA, reimb $87.63
GRAHAM ANGELA, mil $74.10
OLSON TRICIA, mil $91.65
RODRIGUEZ, TORY, mil $489.06
ROTTINGHAUS LORI, mil $45.75
SCHWARTZ, CHRISTOPHER, reimb
$160.18
SHELTON , KATHERINE, reimb $43.57
NEOPOST USA INC, svc $10,000.00
US POST OFFICE, svc $7,000.00
AFSCME IOWA COUNCIL 61, oth pay
$735.93
BHC LAW ENFORCEMENT ASSOC,
oth pay $500.00
COMMUNITY HLTH CHARITIES IA,
oth pay $43.00
IUPAT DISTRICT COUNCIL 81, oth pay
$608.96
LEGALSHIELD, oth pay $211.45
MADISON NATL LIFE INS, ins $59.14
MN CHILD SUPPORT PAYMENT CTR,
oth pay $275.00
NATIONWIDE RETIREMENT, def com
$4,990.00
NATIONWIDE RETIREMENT, def com
$947.50
NM CHILD SUPPORT, oth pay $208.15
PECU, oth pay $26,654.00
IA WORKFORCE DEVELOPMENT, svc
$1,272.50
AIR MGMT SUPL, supl $29.50
AMERICAN COUNCIL ON CRIMINAL JUSTICE TRAINING, educ $250.00
BENTON BLDG CTR, eq $27.76
BHC LANDFILL, svc $69.60
BLACK HAWK RENTAL, eq rent $47.08
BLACK HAWK WASTE DISPOSAL,
eq rent $56.00
BOLIN JAMES E, rent $425.00
C&C WELDING & SAND BLASTING, eq
$179.00
C&J SUPPLY, supl $135.97
CABELAS INC, supl $93.87
CAMPBELL SUPL WLOO, supl $238.99
CF UTILITIES, util $866.59
CF UTILITIES, util $50.00
CENTURYLINK, svc $221.99
CHEMSEARCH, supl $851.28
CLARK DEVELOPMENT, rent $440.00
COURIER, publ $742.13
DEY DISTRIBUTING INC, eq $54.78
DICKEYS PRINTING, supl $60.00
DOLLYS RENTAL, rent $225.00
DYSART TIRE & SVC, eq rpr $16.00
EVEN, HANNAH, reimb $78.00
FAR MOORE, rent $500.00
FOREST IMPROVEMENT SVCS, svc
$190.00
FRIENDS OF HARTMAN, svc $148.00
GIERKE ROBINSON CO, prts $28.74
GROVE, COURTNEY, svc $900.00
HUDSON PRINTING CO INC, publ
$1,828.18
IOWA NAFTO, educ $450.00
ISU, educ $900.00
KJ & WC PROPERTIES , rent $225.00
KWIK TRIP EXTENDED NETWORK,
fuel $31.48
LPC UTILITIES, util $550.00
LARSON CONSTRUCTION CO, INC,
svc $353,186.23
MCDONALD SUPL CO, supl $66.92
MID AMERICAN ENERGY, util
$20,585.28
MURPHY TRACTOR & EQUIP CO, prts
$107.93
NAPA AUTO PARTS, prts $404.74
ODONNELL ACE HDWR INC, supl $7.99
OREILLY AUTO STORES, prts $355.73
PEOPLES COMM HLTH, meds $67.94
PITNEY BOWES, supl $350.16
RICOH USA INC, maint $654.98
ROOSEVELT SENIOR HOUSING, rent
$200.00
SANDERS FUNERAL SVC, svc $200.00
SCHEELS, supl $200.00
SCHOO, LEON J, rent $250.00
SHRED MASTER INC, svc $99.12
SPEE DEE DELIVERY SVC INC, svc
$135.08
ST CLAIR PLBG & HEATING, eq rpr
$122.68
STRUXTURE ARCHITECTS, svc
$5,121.08
TREASURER STATE OF IA, tax
$1,603.00
TROUPE, BRUCE, svc $149.40
UNITED RENTALS INC, svc $115.47
US POSTAL SVC, svc $6,500.00
UNITY POINT – ALLEN HOSP, svc
$112.00
URBS DO IT BEST HDWR, eq $44.43
US CELLULAR, svc $639.52
CITY OF WATERLOO, fuel $249.18
WLOO WATER WORKS, svc $62.00
WOLFCOM ENTERPRISES, eq $55.00
BAUCH, KYLE, reimb $29.28
DEWITT GABRIELLE, mil $58.77
GIFFORD JUDI, mil $59.75
OSTERHAUS MICHELLE, misc $77.51
REMETCH LEE ANN, mil $42.12
WOOD , MARIANNE S, reimb $84.86
LORD, BARBARA, ref $110.25
SCHNATHORST, ASHLEY, ref $325.00
TELLEZ, ALFONSO, ref $90.00
GENERAL SUPPLEMENTAL FUND
IRS, fed pay $410.83
IA DEPT OF REV, state pay $241.20
SSA, fica $803.24
RITE PRICE OFFICE SUPL INC, supl
$130.66
US BANK, misc $918.50
NATIONWIDE RETIREMENT, def com
$275.00
OFFICE DEPOT, supl $512.11
COUNTY SERVICES FUND
IRS, fed pay $2,072.58
IA DEPT OF REV, state pay $907.57
SSA, fica $2,968.88
CEDAR VALLEY UNITED WAY, oth pay
$18.00
ROBY, HEATHER, mil $164.58
IUPAT DISTRICT COUNCIL 81, oth pay
$21.03
NATIONWIDE RETIREMENT, def com
$165.00
PECU, oth pay $25.00
RURAL BASIC FUND
IRS, fed pay $4,992.13
IA DEPT OF REV, state pay $2,000.59
SSA, fica $6,902.32
BHC LAW ENFORCEMENT ASSOC,
oth pay $95.00
NATIONWIDE RETIREMENT, def com
$350.00
NATIONWIDE RETIREMENT, def com
$100.00
PECU, oth pay $3,130.00
SECONDARY ROADS FUND
COLLECTION SVC CTR, oth pay
$299.40
IRS, fed pay $8,324.86
IA DEPT OF REV, state pay $3,666.35
SSA, fica $12,179.58
BMC AGGREGATES , supl $39,246.19
CITY OF CEDAR FALLS, fuel $816.35
ESRI INC, educ $600.00
G&K SERVICES, svc $28.70
KWIK TRIP INC, fuel $498.23
MENARDS CF, supl $30.73
MENARDS WLOO, supl $54.52
NORTHLAND PRODUCTS CO, supl
$993.75
RACOM CORP, maint $1,047.50
RITE PRICE OFFICE SUPL INC, supl
$199.18
US BANK, misc $775.13
COMMUNITY HLTH CHARITIES IA,
oth pay $13.00
LEGALSHIELD, oth pay $15.75
MADISON NATL LIFE INS, ins $25.60
NATIONWIDE RETIREMENT, def com
$440.00
NATIONWIDE RETIREMENT, def com
$25.00
PECU, oth pay $3,030.50
BLACK HAWK WASTE DISPOSAL, svc
$108.00
CF UTILITIES, util $16.06
CENTURYLINK, tel $57.09
CONSOLIDATED ENERGY HARTLAND,
fuel $2,223.38
DONS TRUCK SALES INC, eq $6,841.80
LA PORTE MOTOR SUPL INC, supl
$880.00
LACAL EQUIPMENT INC, supl $668.32
MID AMERICAN ENERGY, util $2,170.48
MIDWEST WHEEL COMPANIES, supl
$81.56
NAPA AUTO PARTS, prts $291.64
SADLER POWER TRAIN INC, eq $54.84
STETSON BLDG PRODUCTS, supl
$145.00
STOKES WELDING, eq $24.00
CITY OF WATERLOO, fuel $202.44
RESOURCE/ENHANCE/PROTECT FUND
US BANK, misc $1,240.73
JAIL COMMISSARY FUND
IRS, fed pay $79.92
IA DEPT OF REV, state pay $21.34
SSA, fica $154.32
MCKEE FOODS, food $56.72
US BANK, misc $7.99
INSURANCE TRUST FUND
NAVITUS HEALTH SOLUTIONS, ins
$22,875.58
PREFERRED ONE INS CO, ins
$124,572.88
MADISON NATL LIFE INS, ins $1,273.08
SELF INSURED/LIAB,PROP ETC FUND
JOHNS AUTO BODY, svc $970.20
FLEXIBLE SPENDING FUND
ADVANTAGE ADMINISTRATORS,
flx sp $6,622.44
SOLID WASTE ADMIN FUND
IRS, fed pay $501.27
IA DEPT OF REV, state pay $223.79
SSA, fica $620.82
MADISON NATL LIFE INS, ins $25.50
E911 SERVICE COMMISSION FUND
CF UTILITIES, util $54.57
CENTURYLINK, tel $164.36
COLOFF MEDIA , eq rent $1,800.00
MID AMERICAN ENERGY, util $215.55
EMERGENCY MANAGEMENT FUND
IRS, fed pay $381.86
IA DEPT OF REV, state pay $156.55
SSA, fica $527.76
CEDAR VALLEY UNITED WAY, oth pay
$1.00
NATIONWIDE RETIREMENT, def com
$50.00
CENTURYLINK, svc $74.00
COUNTY ASSESSOR FUND
IRS, fed pay $2,448.19
IA DEPT OF REV, state pay $1,130.20
SSA, fica $4,041.50
CEDAR VALLEY UNITED WAY, oth pay
$1.00
LEGALSHIELD, oth pay $57.20
MADISON NATL LIFEINS, ins $24.36
NATIONWIDE RETIREMENT, def com
$1,295.00
NATIONWIDE RETIREMENT, def com
$145.00
PECU, oth pay $1,723.00
CITY OF WATERLOO, fuel $458.96
AYES: Laylin, Little, Schwartz, White, Magsamen.
NAYS: None. Resolution adopted.
Laylin moved the following resolution seconded by Schwartz.
BE IT HEREBY RESOLVED by the Board of Supervisors of Black Hawk County, that the Board of Supervisors APPROVE EXPENDITURES, and that Country View Care Facility be authorized and directed to ISSUE CHECKS, against the various settlements of such claims as allowed:
COUNTRY VIEW ENTERPRISE FUND
A-1 CAREERS, svc $185.40
ACCESSIBLE MED IA, svc $7,037.75
ALLEN OCCUPATIONAL HLTH SVCS,
svc $155.00
ANDERSON ERICKSON DAIRY, food
$1,068.68
BHC TREASURER, ins/ipers
$329,711.40
CITY OF WATERLOO, util $2,447.46
ROBERT S GRITTMANN, svc $2,000.00
EARTHGRAINS BAKING CO, food
$175.64
ELECTRICAL ENG & EQUIP CO, supl
$196.56
FIX TIRE CO, eq rpr $20.00
GENERAL SHEET METAL WORKS INC,
supl $434.50
HOCKENBERGS, food $96.00
HPSI PURCHASING SVCS, svc $50.00
IA HEALTH CARE ASSOC, dues
$3,321.02
IOWA MEDICAID ENTERPRISE, svc
$49,714.87
MARTIN BROS, food/supl $10,021.30
MARTIN HEALTH SVCS, supl $4,717.88
MCDONALD SUPL/DIV OF HAJOCA,
supl $55.63
NETWORK SERVICES CO, supl
$622.27
NORTHERN IA THERAPY, svc
$18,706.52
NTT DATA LTC SOLUTIONS INC, svc
$60.00
STAPLES ADVANTAGE, supl $44.81
WLOO COMM SCHOOL DIST, svc
$5.10
AYES: Laylin, Little, Schwartz, White, Magsamen.
NAYS: None. Resolution adopted.
RECEIVE PROJECT UPDATES FROM DEPARTMENT HEADS/ELECTED OFFICIALS. County Engineer Cathy Nicholas said that rural residents wanting dust control should check the county website for the list of approved vendors (or call her office for the list) and contact the vendor first. She said an April 20 meeting at the Evansdale Community Response Center will discuss the Northeast Access Study about the heavy traffic on the roads to the John Deere Northeast Site. Another meeting on April 25 at Hartman Reserve is for people to learn about the bridge closing on Cedar Wapsi Road over the Cedar River.
Moved by White, seconded by Schwartz that the MINUTES of the Board Meeting held April 11, 2017 be and are hereby approved as submitted. Motion carried.
CONSENT AGENDA
Little moved the following RESOLUTION seconded by White.
A. TO APPROVE, RECEIVE, PLACE ON FILE WITH THE COUNTY AUDITOR
1. The Board of Supervisors APPROVE INTERGOVERNMENTAL JOURNAL ENTRIES, and that the County Auditor be authorized and directed to TRANSFER monies within the various funds as submitted.
Transfer from Fund Amount Transfer to Fund Amount
GENERAL BASIC 967.29 GENERAL SUPPLEMENTAL 967.29
EMERGANCY MGMT 71,824.00 GENERAL BASIC 71,824.00
EMERGANCY MGMT 32,967.00 GENERAL SUPPLEMENTAL 32,967.00
2. Auditor’s Quarterly Report of Fees Collected as of March 31, 2017.
B. TO RECEIVE AND PLACE ON FILE WITH THE COUNTY AUDITOR
1. The PERMIT FOR UTILITY WORK WITHIN THE RIGHT-OF-WAY for Cedar Falls Utilities, Cedar Falls, Iowa to place underground Electric Fiber Utility in the county right-of-way crossing Hearst Road approximately 2,483 feet north of centerline of Ridgeway Avenue as recommended by Catherine Nicholas, County Engineer.
2. The PERMIT FOR UTILITY WORK WITHIN THE RIGHT-OF-WAY for Butler-Bremer Communications, Plainfield, Iowa to place underground fiber utility in the county right-of-way on West Marquis Road and Sylvan Drive as recommended by Catherine Nicholas, County Engineer.
3. The PERMIT FOR UTILITY WORK WITHIN THE RIGHT-OF-WAY for Northern Natural Gas Co., Mendota Heights, Minnesota to place an underground valve on the west side of Kimball Avenue generally located in Section 33 Township 88N Range 13w as recommended by Catherine Nicholas, County Engineer.
C. TO APPROVE AND DIRECT THE CHAIR TO SIGN
1. The RENEWAL APPLICATION for a Class “A” Liquor License (LA) (Private Club) submitted by Waterloo Lodge No. 328 Loyal Order of Moose d/b/a Moose Lodge #328, 6636 La Porte Road, Washburn, Iowa.
AYES: Laylin, Little, Schwartz, White, Magsamen.
NAYS: None. Resolution adopted.
CONSENT AGENDA ENDS
Little moved the following resolution seconded by White.
BE IT HEREBY RESOLVED to extend and renew the AGREEMENT with Cost Advisory Services, Inc., Adel, Iowa for cost allocation report services for an additional three years for FY17, FY18 and FY19 in the amount of $8,900 per annual cost allocation plan.
Little asked if there was an increase in cost. Finance Director Susan Deaton said there was not.
AYES: Laylin, Little, Schwartz, White, Magsamen.
NAYS: None. Resolution adopted.
Laylin moved the following resolution seconded by Schwartz.
BE IT HEREBY RESOLVED that the CONTRACT FOR LIBRARY SERVICES between Black Hawk County and the Board of Trustees of the public libraries in the cities of Cedar Falls, Dunkerton, Evansdale, Hudson, Janesville, LaPorte City and Waterloo at a total amount of $141,000 for FY18 be approved, direct the Chair to sign for same and distribute funds per the following schedule:
Public Library FY18 Allocation
Cedar Falls $27,350
Dunkerton $13,696
Evansdale $2,050
Hudson $7,963
Janesville $8,657
La Porte City (Hawkins Memorial)
$16,218
Waterloo $65,066
AYES: Laylin, Little, Schwartz, White, Magsamen.
NAYS: None. Resolution adopted.
Laylin moved the following resolution seconded by Schwartz.
BE IT HEREBY RESOLVED that AMENDMENT NO. 1 to the FOOD SERVICES AGREEMENT between Black Hawk County and CBM, Sioux Falls, South Dakota for the management of the food services at the Black Hawk County Jail be approved and direct the Chair to sign for same as recommend by Tony Thompson, Black Hawk County Sheriff, which includes a three year renewal effective April 6, 2017 through April 5, 2020 and the following cost per meal structure effective April 6, 2017 through April 5, 2018:
AYES: Laylin, Little, Schwartz, White, Magsamen.
NAYS: None. Resolution adopted.
White moved the following resolution seconded by Little.
BE IT HEREBY RESOLVED that the CONTRACT between Black Hawk County and K Construction, Inc. Elkader, Iowa (letting held March 21, 2017 10:00 a.m.) for Project BROS-C007(142)–8J-07 Hammond Avenue Bridge Replacement on Hammond Avenue from D35 Schrock Road South 0.8 miles on the west line of S35 T88N R13W in the total amount of $316,071.08 (late Start Date: July 31, 2017; Working Days: 60; liquidated Damages: $1,000 per day) be approved and direct the Chair to sign for same and to receive and place on file the Contractor’s Bond and Certificate of Insurance as recommended by Catherine Nicholas, County Engineer.
AYES: Laylin, Little, Schwartz, White, Magsamen.
NAYS: None. Resolution adopted.
Little moved the following resolution seconded by White.
BE IT HEREBY RESOLVED that the CONTRACT between Black Hawk County and Aspro, Inc. Waterloo, Iowa (letting held March 21, 2017 10:00 a.m.) for 3 tied HMA Pavement Widening/Resurfacing projects: STP-S-C007(143)–5E-07 on D38 Poyner Road West from 5th Street in Gilbertville to V51 Canfield Road; STP-S-C007(144)–5E-07 on D17 West 27th Street, from the Grundy County Line to Union Road; FM-C007(146)–55-07 on D38 Poyner Road East, from V51 Canfield Road to V62 Jesup Road in the total amount of $2,436,428.33 (late Start Date: June 19, 2017; Working Days: 80; liquidated Damages: $1,500 per day) be approved and direct the Chair to sign for same and to receive and place on file the Contractor’s Bond and Certificate of Insurance as recommended by Catherine Nicholas, County Engineer.
Nicholas said that the roads would stay open during construction except for two to three weeks on the Poyner Road project when work at the I-380 interchange is done.
AYES: Laylin, Little, Schwartz, White, Magsamen.
NAYS: None. Resolution adopted.
White moved the following resolution seconded by Little.
BE IT HEREBY RESOLVED that the LOWEST REASONABLE BID received from Aspro, Inc. Waterloo, Iowa (bid opening April 11, 2017 9:05 a.m.) for Project #5009 Raymond Road Edge Rut Repair from Gilbertville City limits north to Dubuque Road with a bid of $112,839.26 be approved as recommended by Catherine Nicholas, County Engineer.
AYES: Laylin, Little, Schwartz, White, Magsamen.
NAYS: None. Resolution adopted.
White moved the following resolution seconded by Schwartz.
BE IT HEREBY RESOLVE to approve the MEMORANDUM OF UNDERSTANDING between Black Hawk County, the State of Iowa Health Department, and the following Emergency Medical Service entities (Dunkerton, La Porte City, Hudson, Evansdale, Waterloo, and Wheaton Franciscan) for the purpose of awarding the Lucas Assist Device state grant.
AYES: Laylin, Little, Schwartz, White, Magsamen.
NAYS: None. Resolution adopted.
Moved by Little, seconded by White to direct the County Auditor to advertise for a public hearing/bid opening to be held at 9:05 a.m. on Tuesday, May 2, 2017 in Board Room 201 of the Black Hawk County Courthouse, 316 E. 5th Street, Waterloo, Iowa on the proposed purchase of three (3) Motor Graders for the Black Hawk County Engineer’s Department. Motion carried.
White moved the following resolution seconded by Laylin.
BE IT HEREBY RESOLVED that the TAXES DUE AND PAYABLE of the submitted persons, as indicated, including special assessments, and rates or charges, including interest, fees and cost, in accordance with the provision of §427.9 of the Code of Iowa, be suspended and that future property taxes on property owned by the persons will be suspended for such time as the persons remains the owner of the parcels, and during the period the persons receives assistance as described in §427.9 of the Code of Iowa.
AYES: Laylin, Little, Schwartz, White, Magsamen.
NAYS: None. Resolution adopted.
At Nine-seventeen o’clock (9:17) a.m., a public hearing was held as provided by law in the Board Room 201 of the Black Hawk County Courthouse, Waterloo, Iowa at which time all interested persons could appear to file objections on the request submitted by Nancy Peters to rezone 2.2 acres from “A” Agricultural District to “A-R” Agricultural Residential District to allow for the construction of a single family home. The property is legally described as: Commencing at the Center of aforesaid Section Fifteen (15); thence S01°57’01”E Seventy and Seventy Hundredths (70.70) feet along the East line of aforesaid Southwest Quarter (SW 1/4) to the point of beginning; thence continue S01°57’01”E Three Hundred Nineteen and Eleven Hundredths (319.11) feet still along said East line to the Northeast corner of parcel described in Document No. 2011-14985 in the Black Hawk County Recorder’s Office; thence S88°52’52”W Three Hundred (300.00) feet along the North line of said parcel to the Northwest corner of said parcel; thence N01°56’01”W Three Hundred Twenty and One Hundredth (320.01) feet along the Northerly extension of the West line of said parcel to the Easterly extension of the South line of Parcel “H”, Document 2017-14834 in aforesaid Recorder’s Office; thence N89°03’09”E Two Hundred Ninety-nine and Ninety-three Hundredths (299.93) feet along said Easterly extension to the point of beginning containing 2.20 acres.
The Board of Supervisors examined proof of publication of notice and determined that the notice had been published on April 10, 2017 in the Courier in accordance with the requirements of the Code of Iowa.
Moved by White, seconded by Schwartz to receive and place on file proof of publication of notice of public hearing. Motion carried.
Moved by Little, seconded by White to waive the first reading. Motion carried.
Moved by White, seconded by Laylin to close the hearing and oral and written comments were received and placed on file.
Tim Andera of Planning and Zoning said the parcel has a low Land Evaluation and Site Assessment score, it isn’t in a flood plain, and the Planning and Zoning Commission recommended passage by a 4-0 vote. Motion carried.
White moved the following resolution seconded by Laylin.
WHEREAS, a public hearing was held on April 18, 2017 at Nine-seventeen o’clock (9:17) a.m., on the request submitted by Nancy Peters to rezone 2.2 acres from “A” Agricultural District to “A-R” Agricultural Residential District to allow for the construction of a single family home, and
WHEREAS, “An Ordinance Amending Ordinance No. 36, as Amended, the Black Hawk County, Iowa, Agricultural Preservation Zoning Ordinance Adopted February 2, 1999, by adding Subsection No. 183 to Section VI (B), Rezoning Certain Property” as described on the above request submitted by Nancy Peters and to consider same for adoption and if adopted would be known as Ordinance no. 77-183, and
WHEREAS, §331.302(5) of the Code of Iowa allows the Board of Supervisors to suspend by majority vote the requirement to consider and vote on a proposed ordinance at two meetings of the board prior to the meeting at which it is to be fully passed, and
WHEREAS, there were no corrections to the ordinance,
NOW THEREFORE BE IT HEREBY RESOLVED that the rules requiring the Board of Supervisors to consider and vote on a proposed ordinance at two prior meetings be suspended.
AYES: Laylin, Little, Schwartz, White, Magsamen.
NAYS: None. Resolution adopted.
Little moved the following ordinance seconded by Laylin.
WHEREAS, “An Ordinance Amending Ordinance No. 36, as Amended, the Black Hawk County, Iowa, Agricultural Preservation Zoning Ordinance Adopted February 2, 1999, by adding Subsection No. 183 To Section VI (B), Rezoning Certain Property” as described on the above request submitted by Nancy Peters and to consider same for adoption and if adopted would be known as Ordinance No. 77-183, and
WHEREAS, pursuant to §331.302(5) of the Code of Iowa, the Board of Supervisors has suspended by majority vote the requirement to consider and vote on a proposed ordinance at two meetings of the board prior to the meeting at which it is to be finally passed, and
NOW THEREFORE BE IT HEREBY RESOLVED that the same is hereby zoned acres from “A” Agricultural District to “A-R” Agricultural Residential District, and the ordinance is hereby adopted and known as Ordinance No. 77-183.
AYES: Laylin, Little, Schwartz, White, Magsamen.
NAYS: None. Ordinance adopted.
At Nine-twenty-two o’clock (9:22) a.m., a public hearing was held as provided by law in the Board Room 201 of the Black Hawk County Courthouse, Waterloo, Iowa at which time all interested persons could appear to file objections on the request submitted by Jeff Rottinghaus for a Conditional Amendment in the “C-M” Commercial-Manufacturing District in order to allow the owner of a mini-storage facility to construct a 60’ x 100’ office building and have additional outside storage. The property is legally described as: That part of the NW ¼ of the NW ¼ of Section 23, T87N R12W of the 5th Principal Meridian, Black Hawk County, Iowa, bound as follows: Commencing at a point on the West line of said NW ¼ that is Six and Eight Hundreds chains South of the NW corner of said NW ¼; thence South along said West line a distance of 378 feet; thence East at right angles to said West line to the center line of the State Road; thence Northwesterly along said center line to a point that is Six and Eight Hundredths chains Southeasterly (measured along the center line of said State road) from the North line of said Section; thence South 85 1/2° West a distance of Ten and Sixty-Five Hundredth chains to the point of beginning).
The Board of Supervisors examined proof of publication of notice and determined that the notice had been published on April 10, 2017 in the Courier in accordance with the requirements of the Code of Iowa.
Moved by White, seconded by Laylin to receive and place on file proof of publication of notice of public hearing. Motion carried.
Moved by Schwartz, seconded Laylin by to waive the first reading. Motion carried.
Moved by Little, seconded by White to close the hearing and oral and written comments were received and placed on file.
Tim Andera of Planning and Zoning said the property, which has a mini-storage facility, was approved in 2004 for a 60’x80’ office building and limited outside storage. The owner wishes to build a 60’x100’ building and have the restriction on outside storage removed so that additional vehicles, boats and campers may be stored there. Andera said the property is in the flood plain and any structure would have to be raised above the flood plain level. He said that the Planning and Zoning Board voted 3-0 with one abstention to recommend denial.
Wade Hammersley, who lives directly north of the property, said that there is heavy truck traffic going to the site, and people are there after 11:00 pm, that if the property is raised it would put his property in a hole, and that the ditch by his property is being silted up due to the manufacturing going on at the Rottinghaus site, causing standing water 150 feet from his house. Rick Calhoun said he lives further away on La Porte Road, so he doesn’t see the site from his home, but his understanding was that there would be no outside storage on the site. His biggest issue is flooding, and while he says Rottinghaus has cleaned up the property from when it was a chicken farm, Dry Run Creek is backing up to the west due to the silting spoken of by Hammersley. He told Rottinghaus he would support his proposal if he appeased his neighbors, but says Rottinghaus didn’t contact the neighbors. Brian McMahon said he owns the property to the west of the site, and Dry Run Creek is filling up with silt and backing water onto his property that should be draining to the east. He said when the property was first rezoned there was talk of a fence, but it never materialized. He didn’t want to look across the road into a junkyard.
Applicant Jeff Rottinghaus said that he cleaned up the property from when it was a rat-infested, 30,000-chicken egg-laying facility, and when people moved next to him it was their own decision. He said he never heard complaints from his neighbors in thirteen years of ownership even though his home- and cell-phone numbers are on his sign by the highway. He told of his record of working with the county to remove flood-zone houses and fixing the flood dike by the Cedar Valley Nature Trail. He said he always stresses to his tenants to respect their neighbors. A lot of people want to park their campers on his property because of its proximity to McFarlane and Hickory Hills Parks, but he turns them down.
Calhoun said he’s lived in his home 20 years so it was before Rottinghaus owned the property. He said he wants to sell his property now but this change would make it harder to sell. He said Rottinghaus is a good neighbor, but there is a lot of noise and traffic at his property. Ann McMahon, wife of Brian, said a heavy rain will fill their ditches, so she worries how much worse it will be if the water backs up towards their property. She worries about contaminants flooding onto their property and increased traffic, which would threaten their small child and their livestock. She said she moved to the country to get away from those things. Hammersley noted that he had lived at his property for 43 years.
Motion carried.
Little moved the following resolution seconded by Laylin.
WHEREAS, a public hearing was held on April 18, 2017 at Nine-twenty-two o’clock (9:22) a.m., on the request submitted by Jeff Rottinghaus for a Conditional Amendment in the “C-M” Commercial-Manufacturing District in order to allow the owner of a mini-storage facility to construct a 60’ x 100’ office building and have additional outside storage, and
WHEREAS, “An Ordinance Amending Ordinance No. 36, as Amended, the Black Hawk County, Iowa, Agricultural Preservation Zoning Ordinance Adopted February 2, 1999, by adding Subsection No. 38 to Section VI (B), Rezoning Certain Property” as described on the above request submitted by Jeff Rottinghaus and to consider same for adoption and if adopted would be known as Ordinance no. 77-38, and
WHEREAS, §331.302(5) of the Code of Iowa allows the Board of Supervisors to suspend by majority vote the requirement to consider and vote on a proposed ordinance at two meetings of the board prior to the meeting at which it is to be fully passed, and
WHEREAS, there were no corrections to the ordinance,
NOW THEREFORE BE IT HEREBY RESOLVED that the rules requiring the Board of Supervisors to consider and vote on a proposed ordinance at two prior meetings be suspended.
AYES: Laylin, Little, Schwartz, White, Magsamen.
NAYS: None. Resolution adopted.
Laylin moved the following ordinance seconded by Little.
WHEREAS, “An Ordinance Amending Ordinance No. 36, as Amended, the Black Hawk County, Iowa, Agricultural Preservation Zoning Ordinance Adopted February 2, 1999, by adding Subsection No. 38 To Section VI (B), Rezoning Certain Property” as described on the above request submitted by Jeff Rottinghaus and to consider same for adoption and if adopted would be known as Ordinance No. 77-38, and
WHEREAS, pursuant to §331.302(5) of the Code of Iowa, the Board of Supervisors has suspended by majority vote the requirement to consider and vote on a proposed ordinance at two meetings of the board prior to the meeting at which it is to be finally passed, and
NOW THEREFORE BE IT HEREBY RESOLVED that the same is hereby zoned acres from “A” Agricultural District to “C-M” Commercial and Manufacturing District, and the ordinance is hereby adopted and known as Ordinance No. 77-38.
AYES: None.
NAYS: Laylin, Little, Schwartz, White, Magsamen. Ordinance failed.
At Nine-forty-four o’clock (9:44) a.m., a public hearing was held as provided by law in the Board Room 201 of the Black Hawk County Courthouse, Waterloo, Iowa at which time all interested persons could appear to file objections on the request submitted by Dennis Miller to rezone 2.9 acres from “A” Agricultural District to “A-R” Agricultural-Residential District and 2.9 acres from “A-R” Agricultural District to “A” Agricultural District, to allow for the construction of one single-family dwelling in the area zoned “A-R”. The property is legally described as: That part of the Southeast Quarter of the Southeast Quarter (SE 1/4 SE 1/4) of Section No. 17, Township No. 90 North, Range No. 14 West of the Fifth Principal Meridian, Black Hawk County Iowa, described as follows: Commencing at the Southwest corner of said Southeast Quarter of the Southeast Quarter, point being a found ½” rebar with aluminum cap license #16264; thence along the West line of said Southeast Quarter of the Southeast Quarter North 00°11’ East a distance of 93.6 feet; thence South 89°13½’ East a distance of 83.0 feet to the point of beginning; thence North 00°11 East a distance of 337.4 feet; thence South 89°54’ East a distance of 64.15 feet; thence North 01°01½’ West a distance of 186.65 feet; thence South 88°59¾’ East a distance of 199.75 feet; thence South 00°11’ West a distance of 523.95 feet; thence North 89°13½’ West a distance of 264.9 feet to the point of beginning. Containing 2.90 acres. Note: The West line of said Southeast Quarter of the Southeast Quarter is assumed to bear North 00°11’ East for this description.
The Board of Supervisors examined proof of publication of notice and determined that the notice had been published on April 10, 2017 in the Courier in accordance with the requirements of the Code of Iowa.
Moved by White, seconded by Little to receive and place on file proof of publication of notice of public hearing. Motion carried.
Moved by White, seconded by Laylin to waive the first reading. Motion carried.
Moved by Little, seconded by White to close the hearing and oral and written comments were received and placed on file. Tim Andera of Planning and Zoning said that a 2.9 acre portion of the parcel had originally been rezoned Agricultural-Residential, but the owner wishes to change that zoning back to Agricultural, and switch the A-R zoning to a another 2.9 acre tract in the southeast corner of the property. Due to the high agricultural value of the lot proposed for A-R, the Planning and Zoning Commission voted 4-0 to oppose the rezoning request.
The proposed purchaser of the lot said she and her husband thought the new tract would be a better fit for her family, and noted that a supervisor opposed the first rezone because building on the original site would require clearing part of a forest. She said she and her husband, who grew up on farms that they are still involved in working, thought the Planning and Zoning process was a formality since two other rezoned lots on the parcel had already been purchased. They wanted their sons to have a taste of living in the country and to understand the value of being stewards of the land. They would put the part of the land not built upon into the Conservation Reserve Program.
Motion carried.
Laylin moved the following resolution seconded by Schwartz.
WHEREAS, a public hearing was held on March 14, 2017 at Nine-forty-four o’clock (9:44) a.m., on the request submitted by Dennis Miller to rezone 2.9 acres from “A” Agricultural District to “A-R” Agricultural-Residential District and 2.9 acres from “A-R” Agricultural District to “A” Agricultural District, to allow for the construction of one single-family dwelling in the area zoned “A-R”, and
WHEREAS, “An Ordinance Amending Ordinance No. 36, as Amended, the Black Hawk County, Iowa, Agricultural Preservation Zoning Ordinance Adopted February 2, 1999, by adding Subsection No. 184 to Section VI (B), Rezoning Certain Property” as described on the above request submitted by Dennis Miller and to consider same for adoption and if adopted would be known as Ordinance no. 77-184, and
WHEREAS, §331.302(5) of the Code of Iowa allows the Board of Supervisors to suspend by majority vote the requirement to consider and vote on a proposed ordinance at two meetings of the board prior to the meeting at which it is to be fully passed, and
WHEREAS, there were no corrections to the ordinance,
NOW THEREFORE BE IT HEREBY RESOLVED that the rules requiring the Board of Supervisors to consider and vote on a proposed ordinance at two prior meetings be suspended.
AYES: Laylin, Little, Schwartz, White, Magsamen.
NAYS: None. Resolution adopted.
Laylin moved the following ordinance seconded by Schwartz.
WHEREAS, “An Ordinance Amending Ordinance No. 36, as Amended, the Black Hawk County, Iowa, Agricultural Preservation Zoning Ordinance Adopted February 2, 1999, by adding Subsection No. 184 To Section VI (B), Rezoning Certain Property” as described on the above request submitted by Dennis Miller and to consider same for adoption and if adopted would be known as Ordinance No. 77-184, and
WHEREAS, pursuant to §331.302(5) of the Code of Iowa, the Board of Supervisors has suspended by majority vote the requirement to consider and vote on a proposed ordinance at two meetings of the board prior to the meeting at which it is to be finally passed, and
NOW THEREFORE BE IT HEREBY RESOLVED that the same is hereby zoned acres from “A” Agricultural District to “A-R” Agricultural-Residential District and from “A-R” Agricultural District to “A” Agricultural District, and the ordinance is hereby adopted and known as Ordinance No. 77-184.
AYES: None.
NAYS: Laylin, Little, Schwartz, White, Magsamen. Ordinance failed.
The Board of Supervisors discussed the passage of House File 517, the Firearms Omnibus Bill, by the Iowa Legislature. County Attorney Brian Williams said that Black Hawk County currently has a policy prohibiting the possession of weapons in county buildings except those in the possession of peace officers or disabled weapons in the possession of employees of the County Attorney Office for purposes of evidence. He said the new law is ambiguous about the continued applicability of the county’s policy, but after consulting with County Sheriff Tony Thompson and courthouse officials his recommendation is to continue enforcing the policy. He said other large counties will probably act similarly. Supervisors expressed agreement with Williams. Williams said he expects the judicial system to act one way or another on clarification of the legislation. Jim Maloney of District Court Administration said the state judicial branch is checking with the Iowa Attorney General’s Office and there will be further discussions. Assistant County Attorney Peter Burk said that no action is necessary by the Board at this time. Magsamen said he opposed changing the policy, and that local governments have a better understanding of the needs of their own facilities. White said that incidents around the country emphasize the need for the county to protect its employees from danger. Schwartz said that he had anonymous death threats while running for office, and he feared for his safety and that of people going to county buildings to conduct business. Magsamen said that since no action is needed the county will just reinforce the fact that it has a no-weapons policy in place.
On motion and vote the meeting adjourned.
Frank Magsamen, Chair, Board of Supervisors
Grant Veeder, County Auditor