LINN COUNTY BOARD OF SUPERVISORS CEDAR RAPIDS, LINN COUNTY, IOWA WEDNESDAY, APRIL 20, :00 A.M.

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1 LINN COUNTY BOARD OF SUPERVISORS CEDAR RAPIDS, LINN COUNTY, IOWA WEDNESDAY, APRIL 20, :00 A.M. The Board met in session at the Linn County Jean Oxley Public Service Center. Present: Chairperson Rogers, Vice Chairperson Oleson, Harris and Houser. Board members voting AYE unless otherwise noted. The Pledge of Allegiance was led by Chairperson Rogers. Motion by Oleson, seconded by Houser to remove the following from the Consent Agenda: Resolution recommending the name of Cherry Alley for Marion s Art in the Alley project. Motion by Houser, seconded by Harris to approve Consent Agenda as follows: Resolution WHEREAS, Wendling Quarries Inc., owner; Manatts Inc., petitioner; Case JTU , has requested the Linn County Board of Supervisors permission to operate a portable concrete plant to be used for construction of Hwy 100, located at 6101 Blairs Ferry Rd, Cedar Rapids, Iowa. AND WHEREAS, the Board of Supervisors makes the following Findings of Facts: The portable concrete plant will operate from July 1, 2016 and end by September 30, A temporary concrete plant is permitted under the provisions of Article 5, Section 3, 3(a) of the Linn County Unified Development Code. The property is located at 6101 Blairs Ferry Rd, Cedar Rapids, Iowa. The property is zoned AG (Agricultural) and is 28.3 acres in size. Approximately 2.0 acres will be used for the temporary use. The owner of the property is Wendling Quarries Inc. The operator of the portable concrete plant will be Manatts Inc. The plant may operate between the hours of 6:00 AM to 8:00 PM, Monday through Saturday. Two portable toilets and one hand washing station will be accessible on-site for the duration of the operation of the plant. The applicant estimates an increase of 300 vehicle trips per day due to the operation of the portable concrete plant; the applicant estimates that the number of vehicle trips per day will increase to 500 for at least 4 days during operation. AND WHEREAS, the Linn County Technical Review Committee has examined the application and all conditions of approval are listed as part of this Resolution; AND WHEREAS, the Temporary Use application has been examined by the Linn County Board of Supervisors at a public meeting on April 18, 2016, all interested persons having been heard; NOW THEREFORE, BE IT RESOLVED, that the Linn County Board of Supervisors approve the application, Case JTU , subject to the following conditions: LINN COUNTY PLANNING & DEVELOPMENT (Zoning Division) The Temporary Use may be reviewed at any time during the duration of the permit to ensure that all conditions have been or are being met. All building, electrical, mechanical, plumbing and zoning permits will be obtained as necessary. Adhere to the operating hours indicated in the temporary use application; 6:00 AM to 8:00 PM, Monday through Saturday. The temporary use permit period will be begin July 1, 2016 and expire no later than September 30, Restrooms are required to be available during the hours of operation. The applicant or owner shall obtain and submit proof of a liability insurance policy prior to Board of Supervisors approval. The petitioner shall sign an Acceptance of Conditions form which provides assurance that all conditions will be met prior to the Board of Supervisors Resolution of Approval, and specifically agrees to hold Linn County harmless from any and all damages or claims for damages that might arise or accrue by reason of approval of the Temporary Use permit by the Linn County Board of Supervisors. Further, by signing the Acceptance of Conditions form, the petitioner shall agree to allow employees of the County reasonable access to the property for inspection and for submission of documents to verify any additional information. LINN COUNTY PLANNING & DEVELOPMENT (Building Division) An electrical permit is required for new electrical services and/or the installation of non-chord and plug electrical equipment associated with the batch plant. Two permanent or portable restrooms shall be on-site and serviced for the duration of the operation of this concrete plant. LINN COUNTY ENGINEERING Placement of 6" thick macadam stone (or other clean crushed product approved by engineer) pad for aggregate stockpiles.

2 Page 2 IOWA DEPARTMENT OF TRANSPORTATION LINN COUNTY HEALTH DEPARTMENT Approval from the Air Quality Division for Air Quality Construction Permit. Submit Notice of Relocation to Linn County Public Health at least seven (7) days prior to moving the equipment to the proposed location. LINN COUNTY SHERIFF S OFFICE Supply an after-hours call list to the Sheriff s Office (must have more than 1 contact person). LINN COUNTY EMERGENCY MANAGEMENT Applicant shall submit a Severe Weather Plan for Special Events or Venues to the Linn County Emergency Management Agency for review and approval. LINN COUNTY E-911 COORDINATOR LINN COUNTY CONSERVATION NATURAL RESOURCE CONSERVATION SERVICE Applicant shall review operation and proposed addition with the Iowa DNR and Army Corp of Engineers and implement any required actions. Applicant shall ensure that all storm water runoff from the plant is contained on site. WHEREAS, failure to comply with any of the above conditions in a timely manner will void this temporary use permit. NOW, THEREFORE, BE IT RESOLVED, by the Linn County Board of Supervisors that said temporary use is hereby approved. Resolution WHEREAS, a final plat of VERNON VALLEY NINTH ADDITION (Case #JF ) to Linn County, Iowa, containing three (3) lots, numbered lot 1, lot 2, and outlot A has been filed for approval, a subdivision of real estate located in the NE SW, SE SW of Section 21, Township 83 North, Range 6 West of the 5th P.M., Linn County, Iowa, described as follows: WHEREAS, said plat is accompanied by a certificate acknowledging that said subdivision is by, and with the free consent of the proprietors, and is accompanied by a certificate dedicating certain property to the public, as shown on the plat; and WHEREAS, said plat and it s attachments thereto have been found to conform to the requirements of the comprehensive plan and the subdivision ordinance; and the requirements of other ordinances and state laws governing such plats; and WHEREAS, the following conditions as listed on the Planning and Development Staff Report of JF as last amended on JANUARY 7, 2016 have been addressed: LINN COUNTY ENGINEERING DEPARTMENTEntrance permit required for new entrances and existing unpermitted entrances, Sec.11 and the Unified Development Code, Article 4, Sec. 8B 9(e). One entrance per parcel is allowed. An additional access may be allowed with justification and permit. Road agreement for conditions applicable to Final Plat cases. The property owner is required to pave all drives that access from Vernon Valley Drive and shall obtain all applicable permits for any work within County right-of-way. County Standard Specifications, Section 1. IOWA DEPARTMENT OF TRANSPORTATION LINN COUNTY PUBLIC HEALTH DEPARTMENT NATURAL RESOURCES CONSERVATION SERVICE Show the location of drainage easements and a note restricting building within the easement(s) should be shown on the final plat. Land disturbance greater than 1 acre in size, not associated with agricultural crop production, will require a NPDES permit granted by the Iowa Department of Natural Resources. Submit erosion and sediment control plan for review and acceptance. Submit storm water pollution prevention plan for review and acceptance prior to approval of plat and / or any site grading activities for all lots shown on plat. Submit storm water management plan for review and acceptance prior to approval of plat and / or any site grading activities for all lots shown on plat. This shall include a stormwater infiltration component based on water quality volume as defined in the Iowa Stormwater Manual. LINN COUNTY CONSERVATION DEPARTMENT

3 Page 3 LINN COUNTY EMERGENCY MANAGEMENT LINN COUNTY 911 COORDINATOR LINN COUNTY PLANNING AND DEVELOPMENT - ZONING DIVISION Various revisions to the site plan and final plat. Prior to approval of the final plat, the owner must sign an Acceptance of Conditions form. The Acceptance of Conditions form states that the owner understands and agrees to comply with the agreed upon conditions as stated in the staff report. This plat lies within the 2 mile jurisdiction of the City of Bertram, and as per the 28E Agreement between the City and the County, will require City approval or a waiver of the right to review. This plat also lies within the 2 mile jurisdiction of the City of Cedar Rapids, review through the City of Cedar Rapids shall be required. Approval of utility and drainage easements by the appropriate companies with all The proposed subdivision name and proposed names of all roads, streets and lanes shall be submitted for review and approval by the Linn County Auditor s office prior to approval of the final plat. The final plat bound documents must be approved by the Linn County Board of Supervisors on or before JANUARY 18, 2017 as per Article 4, Section 8A (7), and shall be recorded within 1 year of that approval, as per Article 4, Section 8B(6) of the UDC. One original and 3 complete copies of the final plat bound documents that must include the following: Owner s certificate and dedication certificate executed in the form provided by the laws of Iowa, dedicating to Linn County title to all property intended for public use, including public roads Title opinion and a consent to plat signed by the mortgage holder if there is a mortgage or encumbrance on the property as well as a release of all streets, easements, or other areas to be conveyed or dedicated to local government units within which the land is located Surveyor's certificate Auditor s certificate Resolution of the Planning and Zoning Commission Resolution of the Board of Supervisors Resolution of approval or waiver of review by applicable municipalities Treasurer s certificate Agricultural Land Use Notification. The landowner shall ensure that such notification shall be attached to the deed and shall become a separate entry on the abstract of title for all the property that is subject of the permit or development as per Article 5, Section 1, 8 of the Unified Development Code. Restrictive covenants or deed restrictions, as separate instruments, not combined with any other instrument Three (3) copies of the surveyor's drawing A covenant for a secondary road assessment NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors, of Linn County, Iowa, that said plat is hereby approved. The Board of Supervisors and County Engineer are hereby authorized to enter approval upon the final plat resolution. The Board of Supervisors Chairperson is also hereby authorized to sign said plat which executes an acceptance of dedication of property to the public, as shown on said plat. NOW, THEREFORE BE IT FURTHER RESOLVED, by the Board of Supervisors, of Linn County, Iowa, that said plat and plat proceedings shall not be changed or altered in any way, without the approval of the Linn County Board of Supervisors. Said plat and plat proceedings shall be recorded by April 20, 2017 to be valid. Award bid and authorize chairperson to sign contract and related documents for purchase and delivery of Oil, Hydraulic Oil and Diesel Exhaust Fluid (DEF) to all Secondary Road Department shops to Fauser Energy Resources. Award bid and authorize chairperson to sign contract and related documents for purchase and delivery of fuel to all Secondary Road Department shops to Linn Cooperative Oil Company. Award bid and authorize chairperson to sign contract and related documents for tire repair service to Pomp s Tire Service. Approve and sign 28E Agreement between Linn County and the City of Hiawatha for an asphalt overlay on shared portions of Tower Terrace Road. Approve change order two for the Linn County Courthouse Remodel of Courtrooms 4B/4C in the amount of $36,184 with Unzeitig Construction for total contract amount of $988,328.

4 Page 4 Authorize Chair to sign purchase order #5285 for $6, to Provantage for a scanner for Planning and Development. Approve Class B Native Wine Permit for Culver s Garden Center & Greenhouse, 1682 Dubuque Rd., Marion, noting all fees have been paid. Motion by Oleson, seconded by Houser to approve minutes of April 13, 2016 as printed. The Board discussed using Linn County Community Services Enterprise Fund to maintain four Options Direct Support Staff members at 40 hours per week. Chairperson Rogers stated that this was discussed on Monday and board members wanted to have more information about the Enterprise Fund (what is the size of it; what are other uses; what are the short and long term needs and how would it be impacted for the use of one year for the four staff members). A decision does not need to be made today and he can get more information if needed. Supervisor Houser stated that they know the cost for one year is $30,000 and there a half a million dollars in the fund. Chairperson Rogers stated that board members on Monday also stated that the Director wanted 35 hours and is that the true amount of work or a way to reduce the cost. Supervisor Harris stated that he wanted to wait to make a decision next week. Supervisor Oleson stated that he wanted to hear from the Union and it was the consensus of the Board to take no action today and discuss on Monday, April 25 th. Chairperson Rogers stated that he placed the revised Linn County Mission Statement and Strategic Plan for Fiscal Years on the agenda today for final approval today. This was discussed on Monday and he presented the recommended changes then. Motion by Rogers, seconded by Harris approve the revised Linn County, Iowa Strategic Plan for Fiscal Years Motion by Houser, seconded by Harris to approve the revised Linn County Mission Statement. The Board discussed interviewing vendors regarding the Request for Qualifications for Architectural Services for the Public Health and Child & Youth Development Services building. Darrin Gage, Dir. of Policy & Admin., stated that they received seven bids. The interviews will be conducted during board meetings and they would like the Facilities Manager to be present and he is gone through April 25 th. It was the consensus of the Board to have their secretary work with Gage to set meeting dates (after April 25 th ) with a decision by May 4 th. It was also the consensus of the Board to include the newly appointed Dist. 2 Supervisor in these interviews (to be appointed by April 26 th ). REPORTS -- LIAISON ASSIGNMENTS & COMMITTEE MEETINGS Supervisor Harris attended ASAC meeting on Thursday where it was explained what they are going through for reimbursement for Mental Health invoices. He attended UCC on Friday and a Township Officers internal processes meeting with county staff (discussed the distribution of information between departments). Tuesday was Housing Fund for Linn County (going through spring round of grants). Attended an Aumentum meeting yesterday with both Assessors and IT staff (seeing quite a bit of cooperation and will get early successes). Attended a couple Board of Supervisor Vacancy Committee meeting interviews for Dist. 2 and the Aumentum Steering Committee meeting this morning. Supervisor Houser was in Des Moines for the Mental Health bill and attended the Secondary Roads Forman s meeting. Attended Labor Alliance meeting and the Board s Support Team meeting yesterday. Supervisors Rogers and Oleson attended Solid Waste Agency Board meeting (passed budget amendment). Supervisor Oleson stated that he attended an MPO Executive meeting last week. He stated that Cedar Rapids wants $1 million from the MPO to fund the Hwy. 100 and Hwy. 30 ramp system which is not in the plan. This troubles him because the Cedar Rapids Council has said that the Tower Terrace interchange is not a priority and that is not acceptable to him. He will be working with Conservation on an MPO project for 2021 to try to get a bridge that will connect the nature trail following Hwy. 100 connecting Morgan Creek. He also went on a two hour walk with a constituent in Morgan Creek Park. The recycling contract with the Solid Waste Agency has not been approved yet. He noticed that at the Bertram council meeting that they are unclear as to how much they need to budget. The small towns will probably be given a stipend to spend

5 Page 5 as they wish. He also attended MEDCO the other morning and discussed new development in the district. He continues to work on the Prospect Meadows bill. Attended the Secondary Roads Forman s meeting and he is confident that they are ready to go for the summer. Supervisor Harris announced that a dedication of a Habitat for Humanity home in Palo is scheduled for Saturday at 1:00 p.m. and he plans to attend. Chairperson Rogers also announced that the State of the County is today. LEGISLATIVE UPDATE Darrin Gage reported that the Mental Health funding bill may not get the complete funding fix that they were after. The eight counties may be given the short term ability to raise their levy. The Prospect Meadows bill unfortunately was not approved in the Senate this week, however, there was a motion to reconsider filed by two Senators. If it does not make it through the Senate that way, it could pass through the House. Delinquent court fines collection bill looks like it will be approved. Supervisor Oleson stated that the Prospect Meadows bill is not being determined on its merits of being a great project but is being determined based on politics. Motion by Oleson, seconded by Houser to approve Claims # # in the amt. of $543, and ACH s in the amt. of $1,060. PUBLIC COMMENT: Sharon Gonzalez, 3805 Tarpy Dr., stated that she is speaking on behalf of a group of Linn County residents that want to make the Board aware of issues that are going on in their neighborhood. She stated that she has talked to Supervisor Harris about this. Gonzalez presented a map of the area and referred to an area in Cedar Rapids that is owned by Joe Robson and all of the other land is in the unincorporated area of Linn County. She stated that before she moved in, Mr. Robson had his property annexed into the city of Cedar Rapids and changed the zoning from Ag. to R2 to allow 67 homes to be built on 18 acres (everyone has at least one acre lots). He decided to have a horse farm and now he is trying to rezone from R-2 to Multi-residential and Multi-family for 127 units (condos and apartments). The problem is that all roads leading into this development is county roads. He has not been able to work from Hwy. 151 into the development. If this is approved, all equipment is going to be coming down West Post Rd. and create a hardship for the county because the roads will be deteriorating. West Post Rd. does not get maintained by the county. Her neighbors pay for the road out of their pocket to seal coat it. Gonzalez noted that on the back side of the map it shows how it will be laid out. She stated that she has been there since 2003 and did not go through the first struggle that her neighbors had and they can give more information on that. She wanted to make the Board more aware of how the county roads will get heavily used if they don t force this individual to try to have an access from a city street into that development. There is a Cedar Rapids Planning & Zoning meeting tomorrow at 3:00. They met a couple months ago and it was tabled because they were also concerned that there was no city access to get into the development. Supervisor Oleson asked if all of the lots off of Tarpy and West Post Rd. were one acre lots and Gonzalez responded that everyone out there has at least one acre. They want to keep it at R-2 (the way it is now) because they feel it is too high density to go to 127 lots let alone the traffic. Their roads are not made for that type of traffic. They will have to be upgraded. Supervisor Oleson asked if they were petitioning to be annexed into Cedar Rapids and Gonzalez assured him that they are not. They were also dealing with the city of Fairfax due to some boundary lines but that is another issue. Right now they are concerned about the roads. Oleson asked what they are requesting of the Board. Gonzalez stated that Supervisor Harris was going to meet with the County Engineer. Supervisor Harris stated that Steve Gannon thinks that West Post Rd. can handle the traffic. Supervisor Houser stated that West Post Rd. was more than a seal coat when it was built. Supervisor Oleson asked Gonzalez to put this item on the agenda with Steve Gannon present and for the public to attend. Deanna Heintz, 3708 W. Post Rd. SW, stated that they have been fighting this for a long time. They would like to have traffic go out Hwy Her road is a county road with low maintenance. She used to own Cedar Valley Asphalt and there are only seven residents on that road. Gannon said that as long as it was not a well-traveled road they had to maintain it themselves. It was gravel and she seal coated it and patched it. Gannon said that if they didn t keep it up (maintained) he would have it graded up and returned to rock again. She stated that if Joe goes down that road, it will go to

6 Page 6 pot and she will have to pay to fix it. With more development of property coming, they should look into making a county road from along Hwy. 151 (down along the south side of Hwy. 151) and come out at the gas station. Make it a main thoroughfare so that it will accommodate all of the development coming. Now they are on a dead end road. She does not want to live on a gravel road again. Therese Beck, 3730 West Post Rd. stated that she has lived there for 17 years and like Deanna said, they maintain the road. They maintain the road out of their pocket and two years ago they seal coated it. A house was town down after it was seal coated and it is already broke up. It s a very narrow road and they have to seal coat it every couple of years. Perhaps this is not the time to develop that area because the IDOT does not have the money to widen Hwy Once he builds, there is no way to handle the additional traffic. She stated that high water took out Beverly Rd. two years ago. If they have another water event, there would be no way out for future development. Robson wants to put in a one way in and out. He is working with the city of Cedar Rapids on this and everything will go under the eyes of the county. They won t know until it happens and the residents want the county involved because they are their representation. The last time Planning & Zoning met, they denied it because it was too dense. She is looking at eight units next to one side of her lot. There is an RT zone but they are not using it and they are going to let him do it. He took it to the City Council and they approved it after it was denied by Planning & Zoning. She stated that they need representation from the county. They want to stay in the county but they need help getting this to be complementing the neighborhood. It will be no different than having a trailer court. It does not fit the area. Don Lacy, 4760 Everlou Rd. SW (just off of Beverly Rd.), stated that several years back there was a brand new gas station. When that was to be developed the city said there would be electronic STOP lights at the intersection. That has not happened. There are boxes there, but nothing. When they went to the last development meeting on this issue, someone on the board asked Robson where the city road was coming into his property and he was told that there isn t any. The guy responded that the residents were being expected to upgrade their road so he has a way into his property. He is using Tarpy as one way to get into the development and West Post Rd. as one way to get out. Somebody has got to stop these people from doing this and catering to him. The city has no money in the budget for five years to widen the intersection and put in turning lanes. If the city doesn t want to back him why is the burden going back on the county residents. The theory is to come to an agreement to get Joe in there and get his development started. The detention ponds are next to Therese house. There are springs in the area, water bubbles. Two culverts go under West Post Road down into a farmers field and that s where the water went in 2014 and washed out Beverly Rd. It s never been perked. They also asked where the sewer will go. They won t start planning for that until the rezoning is official. Robson also changed plans last time to having horses instead of houses. They don t know which way the sewer will go. All of this is to get something going so Joe can get there and start working. The people at the meeting told Joe that if he used West Post Rd., they would need to upgrade the road with heavier rock. All of a sudden they see from Gannon that there are plans to sealcoat it. Mr. Lacy stated that he guarantees that sealcoat won t hold up. He figures that if Cedar Rapids isn t willing to put an entrance out there for him, those people should not have to suffer for Joe Robson. He has a thick driveway because he has heavy equipment on his horse ranch. He doesn t want traffic coming by his house. Correspondence: The Board received and placed on file a letter from Todd & Diana Burken and Tim & Megan Kroeze re: water drainage issue on Rock Ridge Rd. NW (in the Stoney Point addition). Adjournment at 10:40 a.m. Respectfully submitted, JOEL D. MILLER, Linn County Auditor By: Rebecca Shoop, Deputy Auditor Approved by: BEN ROGERS, Chairperson Board of Supervisors