Waterloo, Iowa April 17, 2018

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: Linda Laylin, Tom Little, Frank Magsamen, Chris Schwartz and Craig White, Chair.
Absent: None.
Unless otherwise noted, all actions were approved unanimously.
Moved by Laylin, seconded by Little that the AGENDA be received and place on file with the County Auditor as approved. Motion carried.
Schwartz moved the following resolution seconded by Laylin.
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
COLLECTION SVC CTR oth pay 605.32
IRS fed pay 59,241.22
IA DEPT OF REV state pay 29,994.58
SSA fica 98,444.42
IA DEPT OF REV state pay 34.19
BHC SHERIFF oth pay 317.82
CEDAR VALLEY UNITED WAY
oth pay 180.50
ACCESS SYSTEMS eq 4,918.18
AHLERS & COONEY svc 2,291.00
AHMETASEVIC, ISMETA mil 57.45
B&B LOCK & KEY INC eq 9.72
BAUER BUILT TIRE prts/lbr 18.00
BICKLEY, MARK svc 925.00
CBM MANAGED SVCS food 9,514.86
CDW GOVERNMENT INC supl 2,353.45
CITY LAUNDERING CO supl 260.00
COURIER publ 775.20
DAN DEERY MOTOR CO INC
supl 1,687.67
DUNCAN, TARA svc 350.00
FULLER, ANGELA svc 1,120.00
GBM PROPERTY MGMT rent 400.00
HERNANDEZ , JASON svc 630.00
KEYSTONE LABS INC svc 644.00
KIRCHNER HANSON KALEEN
rent 300.00
KRUSE DAVID rent 525.00
MATT PARROTT/STOREY KENWORTHY supl 2,051.95
MENARDS WLOO eq 7.56
METRO INVESTMENTS MULTI UNIT rent 498.00
ON SITE INFO DESTRUCTION
svc 32.50
PLUNKETTS PEST CONTROL INC
svc 36.00
PTS OF AMERICA svc 600.00
RAY MOUNT WRECKER SVC svc 45.00
RITE PRICE OFFICE SUPL INC
supl 500.35
WEBER PAPER CO supl 546.36
BUCK BRENDA mil 43.29
MORGAN MICHELLE mil 243.36
AFSCME IOWA COUNCIL 61
oth pay 661.52
BHC LAW ENFORCEMENT ASSOC
oth pay 472.50
COMMUNITY HLTH CHARITIES IA
oth pay 8.00
IUPAT DISTRICT COUNCIL 81
oth pay 592.90
LEGALSHIELD oth pay 231.60
MADISON NATL LIFE INS ins 83.66
NATIONWIDE RETIREMENT
def com 4,465.00
NATIONWIDE RETIREMENT
def com 1,087.50
POLK CO SHERIFF oth pay 51.84
PECU oth pay 23,883.00
ADVANCED ENVIRONMENTAL
svc 1,375.00
ADVANCED SYSTEMS INC svc 545.03
ALLAMAKEE CO BOARD OF HLTH reimb 536.45
ALLIED ELECTRONICS AND AUTOMATION svc 265.99
BALDE, UMARU svc 100.00
BLACK HAWK WASTE DISPOSAL
eq rent 56.00
BREMER CO reimb 562.71
BUCHANAN CO EMS ASSOC
reimb 216.00
BUCHANAN CO PUBLIC HLTH DEPT reimb 2,342.01
CAMPBELL SUPL WLOO supl 9.89
CF UTILITIES svc 946.28
CF UTILITIES util 105.79
COAST TO COAST COMPUTER PRODUCTS supl 1,021.76
COVENANT MED CTR INC svc 832.00
COVENANT MED CTR INC
reimb 2,092.80
CRESCENT ELECTRIC SUPL CO
supl 397.12
DOLLAR GENERAL STORE ref 303.75
ECOLAB CTR supl 874.23
FERGUSON ENTERPRISES INC
prts 42.13
FROST ALLEN rent 416.66
GREENWAY svc 2,878.86
HAGARTY WAYCHOFF GRARUP FUNERAL SVC svc 1,000.00
HAWKEYE ALARM & SIGNAL CO
svc 2,080.00
HELPING HANDS HEALTHCARE SOLUTIONS svc 1,410.50
HOTSY EQUIPMENT CO INC
prts 179.32
HUDSON PRINTING CO INC
publ 2,224.74
IOWA CORRECTIONS ASSOC
educ 65.00
IA DIV OF LABOR SVCS svc 900.00
KIRSCHENMAN, MARY rent 225.00
KNEBEL HOPE & ROGER rent 495.00
KOBLISKA VINCE M rent 267.99
LANE 7 rent 1,823.26
MBA PROPERTIES rent 420.00
MEDIACOM svc 199.95
MHP 2216 LINCOLN ST rent 225.00
MID AMERICAN ENERGY svc 20,279.86
MID AMERICAN ENERGY/SPEC ACCT util 130.00
MID-AMERICA PUBLISHING CORP
publ 80.40
MOUNT VILLAGE APTS rent 225.00
N IA JUVENILE DETENTION SVCS
svc 700.00
ORNA, STANLEY rent 500.00
PALMER LUTHERAN HLTH CTR INC reimb 455.49
PEDERSEN DOWIE CLABBY MCCAUSLAND INS ins 155.00
PITNEY BOWES eq rent 777.36
PROACTIVE SOLUTIONS INC
svc 155.00
RICOH USA INC maint 687.73
ROCK STAR REAL ESTATE rent 500.00
RUSSELL LAMSON LTD PARTNERSHIP rent 200.00
STAR EQUIPMENT LTD prts 1,572.00
SYS KOOL eq rpr 39,120.00
TEDS HOME AND HARDWARE
prts 63.89
US POST OFFICE svc 72.64
UNITY POINT – ALLEN HOSP
svc 1,066.00
VERIZON WIRELESS svc 182.34
VETERANS MEMORIAL HOSP
reimb 1,361.08
VOSHELL PROPERTIES rent 200.00
WATERFALLS CAR WASH lbr 44.85
CITY OF WATERLOO svc 9,987.44
WLOO WATER WORKS wtr 354.07
WAVERLY HEALTH CTR reimb 595.25
WERTJES UNIFORMS supl 688.94
WESTERN HOME COMMUNITIES
food 32.00
WESTERN HOME COMMUNITIES
food 57.00
WESTERN HOME COMMUNITIES
food 89.49
WINNESHIEK CO BOARD OF HLTH reimb 736.74
GIFFORD JUDI mil 31.67
VISITING NURSING ASSOC
reimb 1,589.04
RIVERSIDE INVESTMENTS rent 275.00
GENERAL SUPPLEMENTAL FUND
IRS fed pay 363.20
IA DEPT OF REV state pay 253.21
SSA fica 822.36
SHOWALTER, KAREN mil 89.70
NATIONWIDE RETIREMENT
def com 300.00
IA SEC OF STATE misc 1,889.41
IA STATE ASSOC OF CO AUDITORS dues 425.00
COUNTY SERVICES FUND
IRS fed pay 1,914.66
IA DEPT OF REV state pay 1,059.45
SSA fica 3,346.62
CEDAR VALLEY UNITED WAY
oth pay 18.00
LEISTIKOW, ASHLEY mil 170.82
RITE PRICE OFFICE SUPL INC
supl 223.40
BATES, FELICIA reimb 786.72
KIEFER, APRIL mil 700.83
IUPAT DISTRICT COUNCIL 81
oth pay 21.60
NATIONWIDE RETIREMENT
def com 165.00
PECU oth pay 25.00
RURAL BASIC FUND
IRS fed pay 4,305.21
IA DEPT OF REV state pay 2,154.78
SSA fica 7,037.76
BHC LAW ENFORCEMENT ASSOC
oth pay 97.50
NATIONWIDE RETIREMENT
def com 125.00
PECU oth pay 3,321.50
SECONDARY ROADS FUND
IRS fed pay 7,478.53
IA DEPT OF REV state pay 3,914.26
SSA fica 12,610.14
CEDAR VALLEY UNITED WAY
oth pay 25.00
ACCESS SYSTEMS supl 217.87
ANTON SALES supl 76.36
BMC AGGREGATES supl 23.04
DAN DEERY MOTOR CO INC prts 9.31
ESRI INC supl 600.00
HOUSBY HEAVY EQUIP
eq rpr 10,663.74
KWIK TRIP INC fuel 590.07
MENARDS CF misc 96.08
NORTHLAND PRODUCTS CO
supl 217.80
RITE PRICE OFFICE SUPL INC
supl 86.75
WOODS, TONY reimb 86.00
MADISON NATL LIFE INS ins 28.21
NATIONWIDE RETIREMENT
def com 630.00
NATIONWIDE RETIREMENT
def com 25.00
PECU oth pay 1,897.00
AIRGAS NORTH CENTRAL eq rent 4.96
ARNOLD MOTOR SUPL INC prts 121.55
BHC LANDFILL svc 9.00
CAMPBELL SUPL WLOO prts 13.35
CF UTILITIES util 91.06
CENTURYLINK tel 60.39
CERTIFIED LABS supl 190.03
CINTAS CORP svc 28.70
CONNER, RICHARD misc 100.00
DICKS PETROLEUM CO prts 72.35
DONS TRUCK SALES INC prts 1,562.83
IOWA PRISON INDUSTRIES
eq 2,448.65
MID AMERICAN ENERGY util 2,751.60
MIDWEST MICRO IMAGING INC
svc 12,750.75
MILLER, DONALD & ILENE misc 100.00
MITCHELL1 svc 215.00
NAPA AUTO PARTS prts 13.41
NETWORKFLEET INC prts 709.89
OVERHEAD DOOR CO OF WLOO INC eq rpr 837.46
PAUL NIEMANN CONSTRUCTION
supl 12,734.19
SADLER POWER TRAIN INC
prts 304.72
SAM ANNIS & CO fuel 807.59
TINKER GEOFFRY reimb 10.72
UNITY POINT – ALLEN HOSP svc 91.00
CITY OF WATERLOO fuel 217.86
GILL, KIM reimb 50.00
JAIL COMMISSARY FUND
IRS fed pay 82.00
IA DEPT OF REV state pay 27.67
SSA fica 177.34
KEEFE SUPL CO food 2,146.04
MCKEE FOODS food 49.64
STEARNS WEAR supl 114.00
VERIZON WIRELESS svc 784.20
RURAL SEWER FUND
KEYSTONE LABS INC svc 30.00
URBAN SVCS svc 2,147.50
INSURANCE TRUST FUND
NAVITUS HEALTH SOLUTIONS
ins 21,044.39
PREFERRED ONE INS CO
ins 126,957.06
PERSPECTIVE CONSULTING PARTNERS ins 10,000.00
MADISON NATL LIFE INS ins 1,158.29
FLEXIBLE SPENDING FUND EMPLOYEE BENEFITS CORP
flx sp 3,398.44
SOLID WASTE ADMIN FUND
IRS fed pay 418.29
IA DEPT OF REV state pay 238.02
SSA fica 633.10
MADISON NATL LIFE INS ins 26.10
E911 SERVICE COMMISSION FUND COLOFF MEDIA eq rent 1,854.00
RTC COMMUNICATIONS tel 23.50
EMERGENCY MANAGEMENT FUND
IRS fed pay 332.10
IA DEPT OF REV state pay 172.85
SSA fica 556.84
CEDAR VALLEY UNITED WAY
oth pay 3.00
NATIONWIDE RETIREMENT
def com 50.00
COUNTY ASSESSOR FUND
IRS fed pay 1,980.59
IA DEPT OF REV state pay 1,168.71
SSA fica 3,963.86
CEDAR VALLEY UNITED WAY
oth pay 1.00
LEGALSHIELD oth pay 57.20
MADISON NATL LIFE INS ins 25.09
NATIONWIDE RETIREMENT
def com 1,295.00
NATIONWIDE RETIREMENT
def com 145.00
PECU oth pay 2,441.00
PICTOMETRY INTERNATIONAL CORP svc 136,929.50
CITY OF WATERLOO fuel 71.11
AYES: Laylin, Little, Magsamen, Schwartz, White.
NAYS: None.
Resolution adopted.
Magsamen 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 805.46
ACCESSIBLE MEDICAL IA svc 4,247.50
ANDERSON ERICKSON DAIRY
food 635.68
BCG DATA SERVICES svc 6,682.98
BHC TREASURER misc 332,309.01
CBS STAFFING svc 1,756.27
CITY OF WATERLOO misc 1,025.80
EARTHGRAINS BAKING CO food 156.86
HD SUPPLY FACILITIES MAINT LTD supl 626.14
HELPING HANDS HEALTHCARE SOLUTIONS svc 11,865.00
HPSI PURCHASING SVCS svc 50.00
KNM SERVICES INC svc 478.96
MARTIN BROS food/supl 7,586.62
MARTIN HEALTH SVCS svc 3,514.10
MET TRANSIT AUTHORITY BHC
trans 8.00
NETWORK SERVICES CO svc 734.04
NEUTRON INDUSTRIES supl 400.79
NORTHERN IA THERAPY svc 18,908.47
NUCARA HOME MEDICAL supl 577.94
PERFORMANCE HEALTH SUPL INC supl 97.16
SANDEES LTD supl 4.75
WASTE MGMT OF WI-MN util 225.00
AYES: Laylin, Little, Magsamen, Schwartz, White.
NAYS: None.
Resolution adopted.
RECEIVE PROJECT UPDATES FROM DEPARTMENT HEADS/ELECTED OFFICIALS. County Engineer Cathy Nicholas said there are numerous potholes in the county’s gravel roads, and the unseasonable weather has put her crews behind schedule, but they should be able to start placing rock later this week. She said with snow expected for April 18, she is planning to have plows out from 5:00 am to 5:00 or 6:00 pm. She said she was able to sell three motor graders at a public online auction for $30,000 each, and she also sold two dump trucks that way.
Moved by Little, seconded by Schwartz that the MINUTES of the Board Meeting held April 10, 2018 be and are hereby approved as submitted. Motion carried.
CONSENT AGENDA
Laylin moved the following RESOLUTION seconded by Schwartz.
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
HEALTH INS. TRUST FUND 4,170.57 GEN. BASIC – HEALTH DEPT. 4,170.57
ASSESSOR 137.06 GEN. BASIC – HEALTH DEPT 137.06
SOCIAL SERVICES 1,018.70 GEN. BASIC – MAINTENANCE 1,018.70
2. The CERTIFICATE OF INSURANCE for ABATE of Iowa Inc., Alter Trading Corporation, Clapsaddle-Garber Associates Inc., Marsden Bldg Maintenance LLC., Ricoh Americas Holdings Inc., Spahn & Rose Lumber Co., Stanley Convergent Security, Swick Cable Contractors Inc., and Technical Specialty Systems.
B. TO RECEIVE AND PLACE ON FILE WITH THE COUNTY AUDITOR
1. The SALE OF EQUIPMENT from the Engineer’s Office for the following equipment: FA# 80074090079 Tandem Truck in the amount of $3,616, FA# 6050-49 Tandem in the amount of $24,500, FA# 5050-57 Motor Grader in the amount of $39,935, FA# 5050-25 Motor Grader in the amount of $34,415 and FA# 5050-02 Motor Grader in the amount of $27,055. (Total amount $129,521).
2. The PERMIT FOR UTILITY WORK WITHIN THE RIGHT-OF-WAY for Windstream Iowa Communications Inc., Little Rock, Arkansas, to place underground telecommunications utility on the county right-of-way located at 9030 Wagner Road then north for 3100 feet to 9611 Wagner Road, as recommended by Catherine Nicholas, County Engineer.
AYES: Laylin, Little, Magsamen, Schwartz, White.
NAYS: None. Resolution adopted.
CONSENT AGENDA ENDS
Little moved the following resolution seconded by Schwartz.
BE IT HEREBY RESOLVED that the CONTRACT between Black Hawk County and Aspro, Inc. Waterloo, Iowa (letting held March 20, 2018 10:00 a.m.) for 2 tied HMA Resurfacing projects: FM-C007(149)–55-07 on Elk Run Road from Donald Street North to Dunkerton Road and FM-C007(150)–55-07 on Waverly Road from the Cedar Falls City Limits North to the Janesville City Limits (IDOT Contract I.D.: 07-C007-150) with a total bid of $2,493,017.63 (late Start Date: August 6, 2018; Working Days: 60; 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.
AYES: Laylin, Little, Magsamen, Schwartz, White.
NAYS: None. Resolution adopted.
Schwartz 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 20, 2018 10:00 a.m.) for Project STP-S-C007(148)–5E-07 for H.M.A. Resurfacing on Zaneta Road from the Hudson City Limits to the Grundy County Line (IDOT Contract I.D.: 07-C007-148) with a total bid of $1,047,486.40 (late Start Date: September 10, 2018; Working Days: 20; 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, Magsamen, Schwartz, White.
NAYS: None. Resolution adopted.
Laylin moved the following resolution seconded by Schwartz.
BE IT HEREBY RESOLVED that the MINUTES from April 3, 2018 be corrected to read that the consent agenda item A3- The SALE OF EQUIPMENT from the Engineer Department for the following equipment: CAD Computers FA #5400, #5401, #5402, #5321 and #5333 had been tabled for a later meeting.
AYES: Laylin, Little, Magsamen, Schwartz, White.
NAYS: None. Resolution adopted.
Moved by Magsamen, seconded by Laylin that the TRAVEL REQUEST submitted by Catherine Nicholas, County Engineer, be approved and direct the Chair to sign for same: $1,105.00 to attend the National Association of County Engineers in Wisconsin Dells, WI scheduled for April 22nd – 26th, 2018. Motion carried.
Moved by Laylin, seconded by Schwartz to direct the County Auditor to advertise for a public hearing to be held at 9:05 a.m. on Tuesday, May 1, 2018 in Board Room 201 of the Black Hawk County Courthouse, 316 E. 5th Street, Waterloo, Iowa on the proposed FY18 Sealcoat at various locations in Black Hawk County. Motion carried.
Magsamen moved the following resolution seconded by Schwartz.
BE IT HEREBY RESOLVED that the LOWEST REASONABLE BID received from Fastenal, Cedar Falls, IA for ceiling diffusers for the Courthouse Ceiling Project in the amount of $16,995.16 be as recommended by Rory Geving, Maintenance Superintendent.
Geving said this is for 644 2’x2’ drop-in ceiling tiles for first, second and third floors of the courthouse.
AYES: Laylin, Little, Magsamen, Schwartz, White.
NAYS: None. Resolution adopted.
Little moved the following resolution seconded by Laylin.
BE IT HEREBY RESOLVED that the LOWEST REASONABLE BID received from Johnstone Supply, Waterloo, IA for ceiling duct round reducers for the Courthouse Ceiling Project in the amount of $2,421.44 be approved as recommended by Rory Geving, Maintenance Superintendent.
AYES: Laylin, Little, Magsamen, Schwartz, White.
NAYS: None. Resolution adopted.
Little moved the following resolution seconded by Laylin.
BE IT HEREBY RESOLVED that the LOWEST REASONABLE BID received from Iowa Plains Signing, Inc., Slater, Iowa for FY18 Pavement Markings at various locations in Black Hawk County with a bid of $75,242.50 (Engineer’s estimate $95,961) be approved as recommended by Catherine Nicholas, County Engineer.
Nicholas said she is starting pavement markings earlier this year so that they get more use before they are degraded by winter conditions. She said there was only one bid, but Iowa Plains Signing has done good work for the county in the past.
AYES: Laylin, Little, Magsamen, Schwartz, White.
NAYS: None. Resolution adopted.
Moved by Laylin, seconded by Schwartz to accept the RESIGNATION from Della Cafaro of the Black Hawk County Board of Adjustments, effective April 9, 2018. Motion carried.
Moved by Schwartz, seconded by Magsamen that the REQUEST for ABATE of Iowa, District 16 to use the Black Hawk County Courthouse parking lot on Saturday, May 19, 2018 to hold registration the start of the annual Motorcycle Awareness Ride be approved and to receive and place on file the Certificate of Insurance and direct the Chair to sign the permission letter for same. Motion carried.
Magsamen moved the following resolution seconded by Laylin.
BE IT HEREBY RESOLVED that the REPAIR REQUEST for the engine replacement on the Country View diesel bus be approved as recommended by Carol Laurie, Country View Provisional Administrator.
Laurie said the cost is expected to be about $17,000. Magsamen asked for an explanation of the Country View bus arrangement. Mike Regan and George Cummings of Country View said that the Iowa Northland Regional Council of Governments (INRCOG) has an agreement with Country View through its Regional Transit Commission (RTC) whereby RTC supplies three INRCOG-owned buses for use by Country View, with the stipulation that Country View maintains the buses up to Iowa Department of Transportation standards. He said two buses have been switched to gasoline engines and work fine, but the remaining bus has a diesel engine and has had chronic problems. He said Country View plans to reduce its use of the buses from three to two July 1, but per the agreement with INRCOG, the damaged bus needs to be repaired to its original state.
AYES: Laylin, Little, Magsamen, Schwartz, White.
NAYS: None. Resolution adopted.
Moved by Schwartz, seconded by Laylin to that the TRAVEL REQUEST submitted by Debi Bunger, Human Resources Director, for Marianne Wood, Human Resources Specialist, be approved and direct the Chair to sign for same: $483.00 to attend the IWCAC Annual Work Comp Symposium in Des Moines, IA scheduled for June 14th-15th, 2018. Motion carried.
At Nine-twenty-one o’clock (9:21) 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 BMC Aggregates at E of 2530 Mc Stay Road to rezone 75.72 acres from “A” Agriculture District to “A-L” Agricultural-Limited District for the purpose of expanding an existing quarry operation. The property is legally described as: NE SE SEC 1 T 88 R 12 EXC THAT PART NE SE LYING WITHIN THE FOL DESC BEG AT A PT ON E LINE SAID SE WHICH IS 1041.4 FT N OF SE COR SAID SE TH W AT RT ANG 220 FT TH N PAR WITH E LINE SAID SE 297 FT TH E AT RT ANG 220 FT TO E LINE SAID SE TH S 297 FT TO PT OF BEG, 36.84 ACRES MORE OR LESS SE SE SEC 1 T 88 R 12 EXC THAT PART SE SE LYING WITHIN THE FOL DESC BEG AT A PT ON E LINE SAID SE WHICH IS 1041.4 FT N OF SE COR SAID SE TH W AT RT ANG 220 FT TH N PAR WITH E LINE SAID SE 297 FT TH E AT R ANG 220 FT TO E LINE SAID SE TH S 297 FT TO PT OF BEG, 38.88 ACRES MORE OR LESS 75.72 ACRES MORE OR LESS IN E ½ SE ¼ SEC 1, T88N, R12W, BLACK HAWK COUNTY, IOWA
The Board of Supervisors examined proof of publication of notice and determined that the notice had been published on April 6, 2018 in the Courier in accordance with the requirements of the Code of Iowa.
Moved by Little, seconded by Laylin to receive and place on file proof of publication of notice of public hearing. Motion carried.
Moved by Little, seconded by Laylin to waive the first reading. Motion carried.
Seth Hyberger of Planning and Zoning said the property is adjacent to a current BMC quarry, and would use the same ingress and egress; it is not in the 100-year flood plain, it has a moderate LESA agricultural score of 228, the neighbors whose property is surrounded on three sides by the property reportedly support the rezoning, only a few acres a year will be removed from ag production, and the Planning and Zoning Commission voted unanimously to support the request. Sherman Lundy of BMC said that the quarry is a good source of class-two commercial concrete stone.
Moved by Little, seconded by Laylin to close the hearing and oral and written comments were received and placed on file. Motion carried.
Little moved the following resolution seconded by Laylin.
WHEREAS, a public hearing was held on April 17, 2018 at Nine-twenty-one o’clock (9:21) a.m., on the request submitted by BMC Aggregates at E of 2530 Mc Stay Road to rezone 75.72 acres from “A” Agriculture District to “A-L” Agricultural-Limited District for the purpose of expanding an existing quarry operation, 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. 202 to Section VI (B), Rezoning Certain Property” as described on the above request submitted by BMC Aggregates and to consider same for adoption and if adopted would be known as Ordinance no. 77-202, 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, Magsamen, Schwartz, White.
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. 202 To Section VI (B), Rezoning Certain Property” as described on the above request submitted by BMC Aggregates and to consider same for adoption and if adopted would be known as Ordinance No. 77-202, 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-L” Agricultural-Limited District, and the ordinance is hereby adopted and known as Ordinance No. 77-202.
AYES: Laylin, Little, Magsamen, Schwartz, White.
NAYS: None. Ordinance adopted.
At Nine-twenty-eight o’clock (9:28) 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 DS Development, LLC. at W of 7721 Winslow Road to rezone 22.28 acres from “A” Agriculture District to “A-R” Agricultural-Residential District for the construction of three new single-family homes. The property is legally described as: THAT PART OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 90 NORTH, RANGE 14 WEST OF THE FIFTH PRINCIPAL MERIDIAN, BLACK HAWK COUNTY, IOWA LYING SOUTH OF THE WINSLOW ROAD DESCRIBED IN 457 DEEDS 663.
The Board of Supervisors examined proof of publication of notice and determined that the notice had been published on April 6, 2018 in the Courier in accordance with the requirements of the Code of Iowa.
Moved by Laylin, seconded by Magsamen to receive and place on file proof of publication of notice of public hearing. Motion carried.
Moved by Laylin, seconded by Magsamen to waive the first reading. Motion carried.
Seth Hyberger of Planning and Zoning said the property is not in the FEMA flood plain map, but the Iowa Flood Center maps (which have not been FEMA approved) show some risk of flooding. He said the land has a low ag value and it meets the conditions for land use near the airport. He said the Planning and Zoning Commission voted to support the request by a 3-1 vote with one abstention. The three lots are in contrast to the nine homes previously requested and denied. White said there have been a lot of drainage problems reported in the area, and he worries about fires in areas that aren’t hooked up to city water. Developer Brent Dahlstrom said none of the homes would be built in flood-threatened areas. Engineer Adam Daters said the property is in the 500 year flood plain, but houses would just need to have the foundations raised about half a foot to be above that. Magsamen asked what would need to happen if the request is not approved. Hyberger said the property would have to be replatted and go through a minor plat process.
Moved by Magsamen, seconded by Laylin to close the hearing and oral and written comments were received and placed on file. Motion carried.
Little moved the following resolution seconded by Laylin.
WHEREAS, a public hearing was held on April 17, 2018 at Nine-twenty-eight o’clock (9:28) a.m., on the request submitted by DS Development, LLC. at W of 7721 Winslow Road to rezone 22.28 acres from “A” Agriculture District to “A-R” Agricultural-Residential District for the construction of three new single-family homes, 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. 203 to Section VI (B), Rezoning Certain Property” as described on the above request submitted by DS Development and to consider same for adoption and if adopted would be known as Ordinance no. 77-203, 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, Magsamen, Schwartz, White.
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. 203 To Section VI (B), Rezoning Certain Property” as described on the above request submitted by DS Development and to consider same for adoption and if adopted would be known as Ordinance No. 77-203, 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-R” Agricultural-Residential District, and the ordinance is hereby adopted and known as Ordinance No. 77-203.
AYES: Laylin, Little.
NAYS: Magsamen, Schwartz, White. Ordinance failed.
At Nine-forty-one o’clock (9:41) 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 John Reiger at 4343 & 4345 Sage Road to rezone 1.5 acres from “A” Agriculture District to “R-M” Residential-Multifamily District to allow an existing duplex to come into compliance with the zoning ordinance. The property is legally described as: THE SOUTH 240 FEET OF THE NORTH 741 FEET OF THE EAST 306 FEET OF THE NE ¼ OF THE SE ¼ OF SECTION 31, T90N, R12W, BLACK HAWK COUNTY, IOWA
The Board of Supervisors examined proof of publication of notice and determined that the notice had been published on April 6, 2018 in the Courier in accordance with the requirements of the Code of Iowa.
Moved by Laylin, seconded by Little to receive and place on file proof of publication of notice of public hearing. Motion carried.
Moved by Schwartz, seconded by Laylin to waive the first reading. Motion carried.
Seth Hyberger of Planning and Zoning said the property has a duplex that was built (1978) before the zoning ordinance was enacted (1982), and should have been grandfathered in but wasn’t. Mr. Reiger said that he can’t sell it unless he gets it fixed, and he wants to retire from farming and sell, not rent the dwelling.
Moved by White, seconded by Laylin to close the hearing and oral and written comments were received and placed on file. Motion carried.
Little moved the following resolution seconded by Schwartz.
WHEREAS, a public hearing was held on April 17, 2018 at Nine-oh-o’clock (9:00) a.m., on the request submitted by John Reiger at 4343 & 4345 Sage Road to rezone 1.5 acres from “A” Agriculture District to “R-M” Residential-Multifamily District to allow an existing duplex to come into compliance with the zoning ordinance, 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. 204 to Section VI (B), Rezoning Certain Property” as described on the above request submitted by DS Development and to consider same for adoption and if adopted would be known as Ordinance no. 77-204, 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, Magsamen, Schwartz, White.
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. 204 To Section VI (B), Rezoning Certain Property” as described on the above request submitted by DS Development and to consider same for adoption and if adopted would be known as Ordinance No. 77-204, 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 “R-M” Residential-Multifamily District, and the ordinance is hereby adopted and known as Ordinance No. 77-204.
AYES: Laylin, Little, Magsamen, Schwartz, White.
NAYS: None. Ordinance adopted.
Magsamen moved the following resolution seconded by Laylin.
BE IT HEREBY RESOLVED that pursuant to the provisions of the Iowa Open Meetings Law, the Black Hawk County Board of Supervisors shall proceed into CLOSED SESSION AT 9:50 A.M., with attorney to discuss strategy with counsel in the matter of Thomson Reuters vs. Black Hawk County pursuant to Iowa Code §21.5(1c).
AYES: Laylin, Little, Magsamen, Schwartz, White.
NAYS: None. Resolution adopted.
The Board met in closed session.
Moved by Magsamen, seconded by Laylin to adjourn the Board of Supervisors meeting in CLOSED SESSION. Motion carried.
Schwartz moved the following resolution seconded by Little.
BE IT HEREBY RESOLVED to accept $30,000 in damages from Thomson Reuters with the understanding that the contract between Black Hawk County and Thomson Reuters for tax administration software be immediately terminated, and to direct the Chair to sign an agreement for same as approved.
AYES: Laylin, Little, Magsamen, Schwartz, White.
NAYS: None. Resolution adopted.
ANY REPORTS OR INFORMATION FROM THE BOARD. Magsamen thanked everyone who attended or helped put on the Cedar Valley Honor Flight Variety Show on April 14.
On motion and vote the meeting adjourned.
Craig White, Chair, Board of Supervisors
Grant Veeder, County Auditor