AGENDA Wednesday, March 2, :00 A.M. Formal Board Room Jean Oxley Public Service Center 935 Second Street SW, Cedar Rapids, Iowa

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1 James Houser District 1 Linda Langston District 2 Ben Rogers District 3 Brent Oleson District 4 John Harris District Second Street Southwest Cedar Rapids, Iowa AGENDA Wednesday, March 2, :00 A.M. Formal Board Room Jean Oxley Public Service Center 935 Second Street SW, Cedar Rapids, Iowa PLEDGE OF ALLEGIANCE PUBLIC COMMENT: 5 Minute Limit This comment period is for the public to address topics on today s agenda. Consent Agenda Authorize Chair to sign Certificate of Self-Insurance for the Linn County Historic Preservation Commission s use of the Coggon Center for a Historic Preservation Commission meeting. Authorize Chair signature on Request for Approval of New Position for a Database Analyst/Windows Server Associate for I.T. REPORTS RESOLUTIONS Adopt resolution to establish stop regulations to stop northbound traffic on Fields Drive at Radio Road in section Adopt resolution to establish stop regulations to stop southbound traffic on Fields Drive at Fernow Road in section Resolution approving Temporary Use Case JTU , request by Larry Hess, property owner, and Dale Bruening, petitioner, to operate a seasonal campground from April 1 through October 30, 2016, on property located at 900 and 1000 Lnenicka Lane. Resolution approving Short s Second Addition, Residential Parcel Split Case JPS Resolution amending section 5.1(g) of the 28E Agreement for Mental Health/Disability Services of the East Central Region, which requires levying the maximum amount permitted by law for MH/DS services for the ongoing operation of the Region, to allow for funding as determined by the Governing Board from any lawful source or combination thereof. CONTRACTS AND AGREEMENTS Award bid and authorize chairperson to sign contract and associated documents for L-CMP 2194(16), culvert replacement on Linn-Benton Road, to Ihrig Works LLC in the amount of $22,

2 Award bid and authorize chairperson to sign contract and associated documents for L-CMP 1974(16), culvert replacement on Drexler Road, to Connolly Construction, Inc. in the amount of $43, Award bid and authorize chairperson to sign contract and associated documents for L-CMP (16), culvert replacement on Banner Drive, to F.L. Krapfl, Inc. in the amount of $30, Approve and sign 28E Agreement between Linn County and the City of Cedar Rapids for paving on Ely Road. Authorize Chair to sign, retroactive to February 16, 2016, the Pre-Employment Training Agreement / Linn County Deputy Sheriff for Sarah Lightner. LICENSES & PERMITS Approve Class B Beer Permit for the Gardner Golf Course, 5101 Golf Course Rd., noting all fees have been paid. APPROVE CONSENT AGENDA APPROVE MINUTES Regular Agenda Second consideration for Case JA , amendments to portions of the Unified Development Code regarding provisions for Minor Boundary Changes; updating Definitions; and establishing provisions for consumer-scale solar PV installations as an allowable accessory use. Discuss and decide on directing Secondary Roads to prepare resolutions lowering the speed limit to 25 mph on Waterhouse Lane from Blarney Drive to Blairs Ferry Road in section 35 & , and on Twin Knolls Drive from Cloverdale Road to Blairs Ferry Road in sections and Linn County Courthouse Courtroom 4C Remodel Discuss and decide on contract for asbestos removal on floor covering. REPORTS -- LIAISON ASSIGNMENTS & COMMITTEE MEETINGS LEGISLATIVE UPDATE APPROVE CLAIMS PUBLIC COMMENT: 5 Minute Limit This is an opportunity for the public to address the Board on any subject pertaining to Board business. CORRESPONDENCE APPOINTMENTS ADJOURNMENT For questions about meeting accessibility or to request accommodations to attend or to participate in a meeting due to a disability, please contact the Board of Supervisors office at or at bd_supervisors@linncounty.org.

3 Contact Office: Risk Management nd Street S.W. Cedar Rapids, IA Date: February 23, 2016 County of Linn, Iowa Certificate of Self-Insurance Insured: Linn County, its Elected Officials, Employees and Agents nd Street S.W. Cedar Rapids, IA Type of Self-Insurance Coverage General Liability Auto Liability Workers Compensation Description of Operations/Locations: Linn County and the Historic Preservation Commission to hold a meeting at the Coggon Center to review the County s annual grant program. Program Description: This certificate is to confirm that Linn County is self-insured with regards to any and all general liability claims and all automobile claims, including comprehensive and collision. This self-insured status is not the result of a specific action by the Board of Supervisors, but results from Iowa law which provides that political subdivisions are subject to liability for their torts and those of their officers and employees when acting within the scope of their duties (Iowa Code Chapter 670). Should a judgement creditor elect not to issue execution against a municipal corporation, a tax must be levied as early as practicable to pay the judgement (Iowa Code , , and ). Certificate Holder County of Linn Coggon Area Betterment Association 408 E. Linn Street Coggon, IA Ben Rogers, Supervisor Board of Supervisors Date

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7 Prepared by & Return to: Linn County Secondary Road Department, 1888 County Home Road, Marion, IA (319) RESOLUTION ESTABLISHMENT OF STOP REGULATIONS WHEREAS, the following intersection located in Linn County has been reviewed by the Linn County Secondary Road Department, and WHEREAS, it is deemed that stop signs should be placed based upon engineering judgment, NOW THEREFORE BE IT RESOLVED by the Board of Supervisors, meeting in regular session, and upon recommendation of the Linn County Engineer that stop signs be installed at the following location. Stop northbound traffic on Fields Drive at Radio Road in section The Board of Supervisors declares these signs to be legal, valid and enforceable and directs the County Engineer to erect said signs in accordance with the provisions of the Code of Iowa. Moved by Supervisor Seconded by Supervisor that the above resolution be adopted this day of, 2016 by a vote of aye nay and abstain from voting. BOARD OF SUPERVISORS LINN COUNTY, IOWA ATTEST: Linn County Auditor Chairperson Vice Chairperson Supervisor Supervisor Supervisor

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9 Prepared by & Return to: Linn County Secondary Road Department, 1888 County Home Road, Marion, IA (319) RESOLUTION ESTABLISHMENT OF STOP REGULATIONS WHEREAS, the following intersection located in Linn County has been reviewed by the Linn County Secondary Road Department, and WHEREAS, it is deemed that stop signs should be placed based upon engineering judgment, NOW THEREFORE BE IT RESOLVED by the Board of Supervisors, meeting in regular session, and upon recommendation of the Linn County Engineer that stop signs be installed at the following location. Stop southbound traffic on Fields Drive at Fernow Road in section The Board of Supervisors declares these signs to be legal, valid and enforceable and directs the County Engineer to erect said signs in accordance with the provisions of the Code of Iowa. Moved by Supervisor Seconded by Supervisor that the above resolution be adopted this day of, 2016 by a vote of aye nay and abstain from voting. BOARD OF SUPERVISORS LINN COUNTY, IOWA ATTEST: Linn County Auditor Chairperson Vice Chairperson Supervisor Supervisor Supervisor

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23 STAFF REPORT UNIFIED DEVELOPMENT CODE (UDC) AMENDMENTS Planning and Zoning Commission Meeting: FEBUARY 16, 2016 Board of Supervisors First Consideration: FEBRUARY 29, 2016 Board of Supervisors Second Consideration: MARCH 2, 2016 Board of Supervisors Third Consideration: MARCH 8, 2016 CASE: JA PETITIONER: Planning and Development REQUEST: Unified Development Code Text STAFF CONTACT: Stephanie Lientz Amendments Overview: Staff is proposing several text amendments to the Unified Development Code (UDC) for consideration. Proposed amendments to Article 4 will exempt minor subdivisions that do not create any additional buildable lots from Minimum Levels of Service and Land Evaluation Site Assessment requirements. The amendments to Article 5, Article 6, and Article 7 are being proposed to add language related to solar installations, primarily at the consumer scale. This type of solar installation is accessory to the primary use of the parcel on which it is located, and generates energy to serve the needs of the primary use. The proposed amendments to Article 9, Definitions are intended to add definitions that are already referenced in other Articles of the UDC. The report will reference the Article, Section and paragraph of the UDC proposed to be changed. In some instances, not all of the section or paragraph is included, just those parts where changes are proposed; in these instances, there should be enough detail to understand the context of the proposed amendment. Text that is being deleted is shown as strikethrough; new or replacement language will be displayed as underlined text. ARTICLE 4 AMENDMENTS: 1. Article 4 Development Review Processes and Requirements, Section 6 Land Evaluation and Site Assessment, paragraph A LESA ANALYSIS shall be required for all development proposals where a rezoning or subdivision of land is proposed. Exceptions to this shall include: (a) (b) (c) Residential parcel spilt; Minor boundary change; Rezoning of land to correct a situation that would otherwise result in a parcel with more than one zoning district classification;

24 Case # JA , Page 2 of 8 (d) (e) (f) (g) (h) Rezoning to a zoning district of equal or lesser intensity. The pyramid diagram (see figures below) illustrates the hierarchy of districts.; Land Preservation Parcel Split; A minor subdivision which is proposed for the benefit of locating a public utility installation including, but not limited to the following uses found in Table 7-2 of this ordinance; which, at the location selected, shall meet all applicable site and use standards: Public Safety Facility, Sewage Treatment Plant, Utility Substation, Utility Scale Solar or Wind Installations (or similar alternative and renewable energy technologies), Communications Tower, and Water Distribution Facility (water tower); Bisected lots as described in Article 3, Section 2, subsection 2 (f).; A minor subdivision that does not create any additional buildable lots. 2. Article 4 Development Review Processes and Requirements, Section 8 Land Division Processes and Requirements, subsection 8C Minor Subdivision, paragraph MLS and LESA requirements. Minor subdivisions are subject to the minimum levels of service requirements of Article 4, Section 5, of this Ordinance and to the land evaluation and site assessment requirements of Article 4, Section 6, of this Ordinance. If the minor subdivision application is proceeding simultaneously with the rezoning application or subsequent to a rezoning, the minimum levels of service requirements and land evaluation and site assessment requirements shall be reviewed only with the rezoning application. Exceptions to the MLS and LESA requirements shall apply to the following: residential parcel split, land preservation parcel split, minor boundary change, or separation of a bisected legal lot of record; minor subdivision that does not create any additional buildable lots; public safety facility, sewage treatment plant, or water distribution facility (water tower); utility substation or utility scale solar or wind installations (or similar alternative and renewable energy technologies); and communications tower. ARTICLE 5 AMENDMENTS: 3. Article 5 General Regulations, Section 4 General Regulations for Structures, paragraph Accessory structures. Accessory structures shall meet the following requirements: (a) Attached. Attached accessory structures shall meet all the requirements of this Ordinance which apply to the principal structure to which they are attached. (b) Detached. Detached accessory structures shall meet all of the following requirements: (i) Detached structures shall not exceed the size limitations as per Table 5.2

25 Table 5-2 Accessory building structure limitations Lot Size in Acres All districts except AG, CNR and MH 1.99 or Less 1200 Square Feet 2.00 to Square Feet 5.00 to Square Feet or Greater 3600 Square Feet Case # JA , Page 3 of 8 (1) Ground mounted solar panels are exempt from Table 5-2 size limitations (ii) In agricultural, CNR and residential zoning districts, and for agricultural and residential uses in the VM Village Mixed-Use district: (1) Maintain corner side yard requirements. (2) Maintain ten feet (10 ) to any side lot line when the accessory structure is located beside the principal structure; when located behind the principal structure the setback may be reduced to no less than three feet (3 ) from any side or rear lot line with any overhang not closer than one foot (1 ) from the lot line. (3) The accessory structure shall not be erected in front of the principal structure, except that detached Detached accessory structures may be allowed to the front of the principal structure provided the detached accessory structure maintains the front yard, side yard and corner side yard setbacks for the zoning district where the structure is located. An accessory structure shall be considered to be located in front of the principal structure if any portion of the exterior wall of the accessory structure is closer to the front lot line than the exterior wall of the principal structure. (A) On parcels smaller than three (3) acres in area, no more than one accessory structure may be located in front of the principal structure. Such accessory structure shall not exceed seven hundred twenty (720) square feet in size. This restriction shall not apply to ground mounted solar panels and arrays. 4. Article 5 General Regulations, Section 4 General Regulations for Structures, paragraph Exceptions to height limitations. Height limitations specified for structures in various zoning districts in Article 7 shall not apply to the following appurtenances and structures: (a) (b) (c) (d) (e) Church spires and church towers that are an architectural element of the church building and not a communication tower, and provided no communications device co-located on the spire or tower is higher than the spire or tower. Belfries Public monuments Typical residential telephone and television antennae and aerials not mounted on towers Chimneys

26 Case # JA , Page 4 of 8 (f) (g) (h) (i) (j) (k) (l) (m) (n) (o) (p) Smoke stacks Flag poles Silos and storage elevators in an agricultural, village mixed, highway commercial, general commercial or industrial zoning district Windmills, or wind turbines as part of a wind farm Emergency sirens and similar devices Elevator and stairway bulkheads and air conditioning equipment Water towers, cooling towers, and fire towers Utility poles Communication towers that conform to the regulations in Article 5, Section 4 subsection 11, of this Ordinance. Fences for non-residential uses Roof mounted solar panels ARTICLE 6 AMENDMENTS: 5. Article 6 Specific Development Standards, Section 7 Standards for Transportation and Utility Uses, paragraph Reserved. Utilities Consumer scale solar installations. Consumer scale solar installations that are accessory to a principal use shall meet the following standards: (a) (b) (c) (i) (ii) Minor site plan and permits. A minor site plan shall be submitted and reviewed prior to the approval of any ground mounted consumer scale solar installation. All required permits shall be obtained prior to construction of a consumer scale solar installation. Site and structure requirements. Solar access easements allowed. Solar access easements may be filed consistent with Iowa Code section 564A.7. Setback. Ground mounted consumer scale solar installations must adhere to the minimum setback standards for accessory structures for the zoning district where the project is located. Roof mounted consumer scale solar installations must adhere to the minimum setback standards for the applicable structure type and zoning district where the project is located. Restrictions on solar installations limited. Restrictive covenants for new subdivisions shall not include unreasonable restrictions on the use of solar collectors per Iowa Code section 564A.8. Explanatory Note:

27 Case # JA , Page 5 of 8 Def. Consumer scale solar installation (accessory use). A solar panel or array mounted on a building, pole or rack that is accessory to the primary use of the parcel on which it is located and which is directly connected to or designed to serve the energy needs of the primary use. Def - Solar access easement. A recorded easement which provides continued access to incident sunlight necessary to operate a solar collector. 6. Article 6 Specific Development Standards, Section 7 Standards for Transportation and Utility Uses, paragraph 8 (e). (e) Operation and maintenance plan. The applicant shall submit a plan for the operation and maintenance of the solar installation, which shall include measures for maintaining safe access to the installation, stormwater and erosion controls, as well as general procedures for operation and maintenance of the installation. (i) (ii) (iii) (iv) Soil erosion and sediment control considerations. The applicant agrees to conduct all roadwork and other site development work in compliance with a National Pollutant Discharge Elimination System (NPDES) permit as required by the Iowa Department of Natural Resources and comply with requirements as detailed by local jurisdictional authorities during the plan submittal. If subject to NPDES requirements, the applicant must submit the permit for review and comment, and an erosion and sediment control plan before beginning construction. The plan must include both general best management practices for temporary erosion and sediment control both during and after construction and permanent drainage and erosion control measures to prevent damage to local roads or adjacent areas and to prevent sediment laden run-off into waterways. Stormwater management considerations. For the purposes of pollutant removal, stormwater rate and runoff management, flood reduction and associated impacts, the applicant shall provide a detailed analysis of pre- and post-development stormwater runoff rates for review by local jurisdictional authorities. Such review may incorporate stormwater management criteria as set forth in the Cedar Rapids Metropolitan Area Engineering Design Standards Manual for detention of specified rainfall events, and infiltration components consistent with practices as detailed in the Iowa Stormwater Management Manual. Ground cover and landscaping. Top soils shall not be removed during development. Soils shall be planted and maintained in perennial vegetation to prevent erosion, manage stormwater run-off, and build soil. Seeds should include a mix of native grasses and/or wildflowers of moderate mature height, so as not to impede solar access. State or local agricultural agents may be consulted for information on the expected height of proposed vegetation. Plant material shall not be treated with systemic insecticides, particularly neonics. (iii) Cleaning chemicals and solvents. During operation of the proposed installation, all chemicals or solvents used to clean photovoltaic panels should be low in volatile organic compounds and the operator should use recyclable or biodegradable products to the extent possible. Any onsite storage of chemicals or solvents shall be referenced.

28 Case # JA , Page 6 of 8 (v) (iv) Maintenance, repair or replacement of facility. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures. Site access shall be maintained to a level acceptable to emergency response officials. Any retrofit, replacement or refurbishment of equipment shall adhere to all applicable local, state and federal requirements. ARTICLE 7 AMENDMENTS: 7. Article 7 Zoning Classifications, Density, Dimensional Standards and Allowed Uses, Section 14 EU-1 Exclusive Use 1 Sanitary Landfill District, paragraph Accessory uses. (a) (b) (c) (d) (e) (f) (g) Transfer station Recycling facility Compost facility Household hazardous waste facility Agricultural uses Wild life refuge or similar public purpose uses Alternative or renewable energy technologies 8. Article 7 Zoning Classifications, Density, Dimensional Standards and Allowed Uses, Section 16 Table 7-2. Transportation and Utility Uses STD AG Utilities Utility substation RR 1/2/3 VR VM USR USR- MF HC GC I CNR MH C C C C C C C C C C Utility generating plants and C C C C facilities Water distribution facility (water C C C C C C C tower) SWECS, accessory A A A A A A A A A A Wind farm C C Consumer scale solar P/A P/A P/A P/A P/A P/A P/A P/A P/A P/A P/A Utility scale solar C C C C C

29 Case # JA , Page 7 of 8 ARTICLE 9 AMENDMENTS: 9. Article 9 Definitions, Section 3 Definitions. Accessory signs: A sign that directs attention to an establishment, business, profession, commodity, service, premises, person or thing which is located, produced, conducted, sold, or offered on the same lot upon which the sign is located. An accessory sign is thus functionally related to a principal use on the same lot. Advertising signs: A sign which directs attention to an establishment, business, profession, commodity, service, premises, person or thing which may be located, produced, conducted, sold, or offered elsewhere than on the lot upon which the sign is located. An advertising sign may be a principal use on a lot. Agricultural chemicals, fertilizer, liquid propane and other related fuels, or anhydrous ammonia storage and distribution: An establishment engaged in retail sale of supplies directly related to the day-to-day activities of agricultural production. Automobile service station: A commercial establishment for the retail sale of fuel, lubricants, tires, and other similar products and supplies for vehicles, including minor accessory parts. It may also include minor parts installation, towing, servicing, and minor repairs of vehicles; and vehicle washing facilities and trailer rental when accessory to the above activities. Major repairs and sale of vehicles are expressly excluded. Convenience gas & goods sales store: A place where gasoline, motor oil, lubricants, or other minor accessories are retailed directly to the public on the premises in combination with the retailing of items typically found in a convenience market or supermarket. Consumer scale solar installation (accessory use). A solar panel or array mounted on a building, pole or rack that is accessory to the primary use of the parcel on which it is located and which, if is directly connected to or designed to, serve the energy needs of the primary use. This includes cooperative arrangements where multiple users benefit from utility rate reduction from a collective off-site installation. Farm Building: For purposes of applying this ordinance, agricultural building shall include but not be limited to a building, structure or erection used for agricultural purposes as part of an agricultural unit. Gun clubs, rifle, archery ranges: Any organization whether operated for profit or not, and whether public or private, which caters to or allows the use of firearms. Livestock. For purposes of applying this ordinance, livestock shall include but not be limited to animals or fowl which are being produced primarily for sale or use as food or food products, such as: cattle, pigs, sheep, goats, poultry, birds, fish, horses, donkeys, mules, and farm deer as defined in Iowa Code 481A.1. Major automotive repair/body work: General repair, rebuilding, or reconditioning of engines, motor vehicles, or trailers, including body work, framework, welding, and major painting service. Minor automotive repair: The replacement of any part or repair of any part that does not require removal of the engine head or pan, engine transmission or differential; incidental body and fender work,

30 Case # JA , Page 8 of 8 minor painting and upholstering service. Above stated is applied to passenger automobiles and trucks not in excess of 7,000 pounds gross weight. Outdoor storage in connection with a permitted use: Land use used for storage of goods, materials, vehicles, or other items needed and directly associated with the permitted primary use of the site. Park or playground, aquatic center, swimming pool, playing field (s): A noncommercial, not-for-profit facility designed to serve the recreation needs of the residents of the community. Such facilities include subdivision recreation facilities (neighborhood parks), community parks, regional parks, and special use facilities, all as described in the recreation and open space element of the comprehensive plan. Such facilities may also include but shall not be limited to school and religious institution ball fields, football fields, and soccer fields, if they meet the above definition. Commercial amusement facilities, such as water slides, go-cart tracks, and miniature golf courses shall not be considered parks. Permitted use: Any use which complies with the applicable regulations of this Ordinance governing permitted uses in the zoning district in which such use is located. Portable sign: A sign that is not permanently affixed to a structure or the ground. Projecting signs: A sign attached to a wall and projecting away from the wall more than 12 inches, but not more than five feet. Roof sign: A sign on a roof that has a pitch of less than one-to-four. Seasonal dwelling (cabin): A dwelling unit not used as a principal residence that may be occupied weekends and for brief periods during the year, including those structures established prior to the effective date of the 1981 Linn County Zoning Ordinance under the provisions of the then-applicable D Rural District or E Summer Home District. Single-family detached dwelling: A building containing one dwelling unit only, including a manufactured home with one dwelling unit. See also Manufactured home. Zoning Commission: The legal constituted zoning commission, as organized under the provisions of Chapter 335, Code of Iowa, for Linn County, Iowa. Also referred to as the Planning and Zoning Commission.