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Muscatine County Board of Supervisors

Monday, May 6, 2013

The Muscatine County Board of Supervisors met in regular session at 9:00 A.M. with

Furlong, Howard, Sorensen, Sauer and Kelly present. Chairperson Sorensen presiding.

On a motion by Kelly, second by Furlong, the agenda was approved as written. Ayes:

All.

Charles Lorensen, 1808 Briarwood Lane, expressed concern about the agenda for this

week’s meeting not being published in the Muscatine Journal. Furlong stated that it was

given to the newspaper but the County cannot control how or when the newspaper

publishes it.

Sorensen announced that May 5

- 11

is Public Service Recognition week and asked

citizens to show their appreciation for public employees this week.

A Public Hearing was called to order by Chairperson Sorensen at 9:04 A.M. on a

proposal from the Lutheran Homes Society to issue $6,000,000 in Revenue Bonds or

Notes, pursuant to Chapter 419 of the Code of Iowa. Chris Kuhn, Dorsey & Whitney,

explained that the notes will be issued through a servicing agreement between the County

(first issuer), City of Fruitland (second issuer), and Piper Jaffrey (lender and servicer)

which stipulates that Lutheran Homes Society is solely responsible for repayment directly

to Piper Jaffrey (lender), and the County and City of Fruitland will not be held

responsible for the repayment of the debt. Kuhn explained that this would allow Lutheran

Homes Society who is a non-profit to get a lower interest rate on their loan. Kuhn stated

that the issuer fee is ten basis points. On a motion by Kelly, second by Howard, the

public hearing was closed at 9:12 A.M. Roll call vote: Ayes: All.

On a motion by Kelly, second by Howard, the Board approved Resolution #05-06-13-01

Authorizing and Providing for the Issuance and Delivery of Not to Exceed $6,000,000

Aggregate Principal Amount of Revenue Notes of the County for the Purpose of

Evidencing a Loan to the County and Lending the Proceeds Thereof to Lutheran Homes

Society (The “Borrower”); the Execution and Delivery of a Loan Agreement Among the

County, the Borrower and the Lender Providing for the Repayment of the Loan of the

Proceeds of Said Notes and the Securing of Said Repayment Obligation; the Execution of

a Servicing Agreement; and the Execution of Other Documents Related Thereto. Roll call

vote: Ayes: Furlong, Howard, Sorensen and Kelly. Nay: Sauer.

A Public Hearing was called to order by Chairperson Sorensen at 9:15 A.M. on a request

from Leo E. or Lois A. Ochiltree, Record Owners, to rezone approximately three acres in

Wilton Township from I-2 Heavy Industrial District to A-1 Agricultural District. Zoning

Administrator Jodee Stepleton stated that the three acres had been rezoned years ago to

accommodate an anhydrous ammonia plant that is gone. Stepleton stated that the use has

been agriculture for several years and this rezoning is just to return it to A-1 Agricultural

Muscatine County Board of Supervisors

Monday, May 6, 2013

Page 2

District. No one spoke against the rezoning request. On a motion by Furlong, second by

Howard, the public hearing was closed at 9:18 A.M. Roll call vote: Ayes: All.

On a motion by Kelly, second by Furlong, the Board approved an ordinance rezoning

approximately three acres in Wilton Township from I-2 Heavy Industrial District to A-1

Agricultural District on the first of three readings. Roll call vote: Ayes: All.

The Board reviewed the following Special Use Permits approved by the Muscatine

County Board of Adjustment on April 5, 2013: Case #13-04-01 is an application filed by

Fobian Farms, Inc., Record Owners, by Carl Fobian, President, and Anthony Wisman,

Proposed Builder. This property is located in Wapsie Township, in the SW¼ of Section

13-T78N-R4W, 1273 Elder Avenue, East of Elder Avenue, containing approximately

15.81 acres, and is zoned A-1 Agricultural District. This request would allow the Zoning

Administrator to issue a Special Use Permit in order to allow a rural residence to be built

on this property where an abandoned dwelling is located. The Board of Adjustment

approved this request. Case #13-04-02 is an application filed by Jerry W. Stokes, Record

Owner. This property is located in Moscow Township, in the NW¼ of Section 17-T78N-

R2W, Plat of Survey, Tract 7 & 8, 1215 Marolf Drive, containing approximately 0.44

acres, and is zoned A-1 Agricultural District. This request would allow the Zoning

Administrator to issue a Special Use Permit in order to place a mobile home on this

property for use as a Seasonal Recreational Cottage. The Board of Adjustment approved

this request with the stipulation that an approved septic system be installed to

accommodate this mobile home. Case #13-04-03 is an application filed by Leo J. or

Mildred M. Hora, Record Owners, and Jimmy Hora, Applicant. This property is located

in Orono Township, in the NW¼ of Section 5-T76N-R4W, 2222 Blue Heron Avenue,

containing approximately 2.88 acres, and is zoned A-1 Agricultural District. This request

would allow the Zoning Administrator to issue a Special Use Permit in order for Jimmy

Hora and his family to continue living in the existing mobile home on this property. The

Board of Adjustment tabled this request until June 6

in order to have a full Board

present.

Howard asked about permits issued and how they compare to last year. Stepleton stated

that they have issued permits for several more new homes than last year.

Discussion was held regarding a possible no parking zone along Stewart Road.

Charles Lorensen, 1808 Briarwood Lane, stated the speed limit should be lowered in that

area because it is by a park. Lorensen stated they should have planned ahead and had

parking available in that area prior to opening the park to the public. Sauer stated the

Conservation Board wanted to give the public an opportunity to fish during the Spring

season which would not have happened if they waited for everything to be perfectly in

place. Sauer stated it does not make a lot of sense to him to lower the speed limit due to

the amount of industrial traffic. Sauer stated that he is in favor of a parking lot off of

Stewart Road. Howard stated the Steering Committee is also trying to keep the park as

pristine as possible which means they will be moving slowly with future development.

White stated a speed study would have to be conducted before a speed limit could be

reduced. On a motion by Kelly, second by Furlong, the Board approved Resolution #05-

Muscatine County Board of Supervisors

Monday, May 6, 2013

Page 3

06-13-02 Designating a Portion of Stewart Road as No Parking and Tow-Away Zones.

Roll call vote: Ayes: All.

The Board recessed at 9:39 A.M. and reconvened at 9:45 A.M.

County Engineer Keith White opened the following bids for Project L-

(CUL13&CUL14)—73-70 new and replacement culverts at various locations: Heuer

Construction - $779,244.06; Hagerty Earth Works - $648,479.40; Brandt Construction -

$789,351.40; Sulzberger Excavating - $780,138.67; Delong Construction - $717,766.40;

and Legacy Corporation - $673,239.86. White stated that all of the bidders provided bid

bond. White will review the bids and return with a recommendation at a future meeting.

The Board reviewed the Iowa DOT letting results for projects BROS-C070(58)—8J-70

bridge replacement project on Saulsbury Road. White stated that the bids are significantly

higher than originally estimated, but that if the Board wants to build this bridge, then the

Board should accept the bid. White stated one option would be to reject all bids and rebid

the project in the late summer or fall with a winter working period and completion in the

spring of 2014. White stated another option would be to award the contract and then talk

to the contractor to see if they have any value engineering that would benefit both the

County and contractor that would reduce the project cost. White stated he thinks there is

an aversion built in because of the routine flooding of the Cedar River. Furlong stated

that possibly the county could give them more time to complete the project to lower the

cost. Conservation Director Curt Weiss stated that the County has a lot invested in that

Park that would not be accessible without the bridge. Furlong stated he would lean

toward rebidding the project. White stated the DOT would have recommended the award

not be approved if they felt the numbers were not acceptable. On a motion by Kelly,

second by Howard, the Board accepted a bid for Project BROS-C070(58)--8J-70 from

Godbersen-Smith Construction Co. in the total amount of $1,496,785.64 for a bridge

replacement project on Saulsbury Road. Howard requested a roll call vote. Roll call vote:

Ayes: Kelly, Sauer, Sorensen and Howard. Nays: Furlong.

On a motion by Furlong, second by Howard, the Board approved a detour agreement with

the Iowa Department of Transportation for a bridge replacement on US 6 west of West

Liberty. Ayes: All.

On a motion by Furlong, second by Sauer, the following utility permits were approved:

Liberty Communications – placement of 12 pair copper cable, 12 pair fiber cable for fiber

optics along Iron City Avenue from south of 155

Street to north of 140

Street, also

along Holly Avenue from 160

Street down to 170

Street, and placement of a 25 pair

fiber copper cable, 12 pair fiber cable, for fiber optics along Iron City Avenue from 160

Street down to 170

Street; Eastern Iowa Light and Power – plowing underground cable

along Davis Avenue from Hwy 6 to an existing pole; Windstream – boring of fiber optic

telephone cable along 250

Street from west of the city limits of Conesville, along 250

Street to the cell tower. Ayes: All.

Muscatine County Board of Supervisors

Monday, May 6, 2013

Page 4

White updated the Board on upcoming construction projects. White expressed concern

about the high number of hog confinements being constructed in the County that will

eventually destroy roads and the County needs to address who should carry the burden of

repairing those roads.

On a motion by Howard, second by Kelly, minutes of the Monday, April 29, 2013 regular

meeting were approved as written. Ayes: All.

Correspondence:

Howard reported a contact regarding parking along Stewart Road.

Howard reported contacts regarding the use of slag on County roads.

Sauer reported a contact regarding brush in a road ditch.

The Board received a letter from the Iowa Department of Transportation

regarding changes to the distribution method for Road Use Tax

Allocations effective July 1, 2013 and its possible impact on jurisdictions

which would increase the allocation to Muscatine County by

approximately $86,000.

Committee Reports:

Kelly attended a Muscatine Health Association meeting May 1

Sorensen attended a Muscatine County Safety meeting May 1

All Supervisors attended a Muscatine County Conference Board meeting April

Howard and Sauer attended a Steering Committee meeting for the Deep Lakes Park on

April 30

. Howard and Kelly attended a Behind the Scenes Tour of Palms Theatre on

May 1

On a motion by Kelly, second by Howard, the Board approved Resolution #05-06-13-03

fixing Monday, May 20, 2013 at 9:00 A.M for a Public Hearing on a General Obligation

Loan Agreement. Roll call vote: Ayes: All.

On a motion by Furlong, second by Sauer, the Board appointed Gregory Keller to the

Muscatine County Building Board of Appeals to fill a vacancy through December 31,

2014 and Dudley Coker to the Muscatine County Board of Appeals to fill a vacancy

through December 31, 2015. Ayes: All.

On a motion by Kelly, second by Furlong, the Board authorized the Chair to execute

paperwork necessary to renew health and dental benefits with Wellmark, Inc. effective

July 1, 2013. Ayes: All

On a motion by Furlong, second by Sauer, the Board approved raising the single

premium by $25 per month (paid by the County) and the family premium by $25 per

month (paid by the employee) for health insurance effective July 1, 2013. Ayes: All.

Muscatine County Board of Supervisors

Monday, May 6, 2013

Page 5

On a motion by Howard, second by Sauer, the Board set an annual enrollment period for

health insurance and an open enrollment for dental and vision insurance for May 20,

2013 through June 4, 2013. Ayes: All.

The meeting was adjourned at 10:42 A.M.

ATTEST:

____________________________

________________________________

Leslie A. Soule, County Auditor

Jeff Sorensen, Chairperson

Board of Supervisors