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Muscatine County Board of Supervisors

Monday, May 20, 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.

On a motion by Howard, second by Sauer, claims dated May 13, 2013 were approved in

the amount of $172,552.80. Ayes: All.

A Public Hearing was called to order by Chairperson Sorensen at 9:03 A.M. for the

purpose of instituting proceedings and taking action to enter into a loan agreement with a

principal amount not to exceed $600,000 for the purpose of covering additional costs for

improvements and repairs to County buildings, including roof and sidewalk

replacements, construction of a handicapped accessibility ramp and elevator repairs. No

one spoke for or against the loan agreement. On a motion by Furlong, second by Kelly,

the public hearing was closed at 9:04 A.M. Roll call vote: Ayes: All.

On a motion by Kelly, second by Sauer, the Board approved Resolution #05-20-13-01

Authorizing a Supplemental Loan Agreement in an amount not to exceed $600,000 in

addition to the previously proposed total principal amount not to exceed $750,000 and

Providing for a Debt Service Tax Levy as amended. Roll call vote: Ayes: All.

On a motion by Furlong, second by Howard, the Board approved the contract, bond and

certificate of insurance for the L-(CUL13 & CUL14)—73-70 from Hagerty Earth Works

in the amount of $648,479.40 for culvert replacements at various locations throughout the

County. Ayes: All.

On a motion by Furlong, second by Sauer, the Board approved the following utility

permits: Windstream Communications – replace a section of cable washed out in Sugar

Creek during a spring thunderstorm; Mediacom – bury fiber optic cable along old Hwy

61 from the Scott County line to Zachary Avenue and south to Zale Avenue; KJJ Farms –

bore a 2” conduit under Blue Heron, south of 2222 Blue Heron, to power a new irrigation

system. Ayes: All.

County Engineer Keith White reported that he helped FEMA do preliminary damage

assessments for recent flooding stating that the County has approximately $200,000

worth of damage which may allow Muscatine County to receive a disaster designation

when combined with damage in incorporated areas of the County. White stated that

weather is really affecting road construction projects and repairs from the flooding

causing a lot of expenditures to slide into FY2014 which will probably require an

immediate budget amendment in July.

Muscatine County Board of Supervisors

Monday, May 20, 2013

Page 2

Discussion was held with Zoning Administrator Jodee Stepleton regarding approval of a

preliminary plat of the proposed one-lot residential subdivision, Willis/Shea Subdivision,

containing approximately 1.284 acres in Montpelier Township. On a motion by Furlong,

second by Kelly, the Board approved a preliminary plat of the proposed one-lot

residential subdivision, Willis/Shea Subdivision, containing approximately 1.284 acres in

Montpelier Township. Ayes: All

On a motion by Furlong, second by Sauer, the Board approved Resolution #05-20-13-02

Approval of Final Plat of Willis/Shea Subdivision. Roll call vote: Ayes: All.

Discussion was held with Zoning Administrator Jodee Stepleton regarding approval of a

preliminary plat of the proposed two-lot residential subdivision, Stone House Creek

Overlook Subdivision, containing approximately 8 acres in Bloomington Township. On a

motion by Furlong, second by Sauer, the Board approved a preliminary plat of the

proposed two-lot residential subdivision, Stone House Creek Overlook Subdivision,

containing approximately 8 acres in Bloomington Township. Ayes: All

On a motion by Howard, second by Kelly, the Board approved Resolution #05-20-13-03

Approval of Final Plat of Stone House Creek Overlook Subdivision. Roll call vote: Ayes:

All.

On a motion by Furlong, second by Howard, the Board approved an Ordinance #05-20-

13-04 Rezoning Certain Real Property in Wilton Township, Muscatine County, Iowa

from I-2 Heavy Industrial District Zoning Classification to A-1 Agricultural District

Zoning Classification on the third and final reading. Roll call vote: Ayes: All.

On a motion by Kelly, second by Howard, the Board set a public hearing for Monday,

June 3, 2013 at 9:00 A.M. on a request from the City of West Liberty, Record Owner,

and the West Liberty Gun Club, Lessees, to rebuild the indoor shooting range and

clubhouse facilities at the West Liberty Gun Club which were recently destroyed by fire.

Ayes: All.

The Board reviewed variances granted by the Muscatine County Board of Adjustment on

Friday, May 3, 2013. Case #13-05-01 is an application filed by Randy J. or Michelle J.

Moeller, Record Owners. This property is located in Lake Township, 2248 215

Street,

Rocking Horse Acres, Lot 2, in the SW ¼ of Sec. 31-T77N-R2W, containing

approximately 20 acres, and is zoned R-1 Residential District. This request, if approved,

would allow the Zoning Administrator to issue a Variance in order for Mr. And Mrs.

Moeller to build a 50’ X 70’ detached garage in front of their residence, but it would be at

least 50 feet back from the front lot line. On a motion by Furlong, second by Sauer, the

Board accepted the variance. Ayes: All. Case #13-05-02 is an application filed by

Edward W. or Denise L. Tvrs, Record Owners. This property is located in Wapsie

Township, 1291 Elder Ridge Road, in the SE ¼ of Sec. 14-T78N-R4W, containing

approximately 0.56 acres, and is zoned R-3 Residential District. This request, if

approved, would allow the Zoning Administrator to issue a Variance in order for Mr. and

Mrs. Tvrs to build an addition onto their existing garage with the eaves of the garage

Muscatine County Board of Supervisors

Monday, May 20, 2013

Page 3

being closer than the required 10 foot setback. On a motion by Howard, second by Kelly,

the Board accepted the variance. Ayes: All.

Discussion was held with Zoning Administrator Jodee Stepleton regarding a proposal for

an annual operational permit for discharging private sewer disposal systems and

testing/monitoring requirements. Stepleton stated that an NPDES designation is set for

any sand filter system that is discharging into a ravine within 400 feet of a waterway.

Stepleton stated the 200+ NPDES sand filters are required to be tested twice a year.

Stepleton stated the other 600+ sand filters discharging above ground should have a

visual inspection once a year, but she suggested a sample once a year at an approximate

cost of $30 per year. Stepleton stated another option is for the Board to allow the

homeowner to visually inspect his/her own sand filter. Sorensen stated it disturbs him the

State has walked away from this and expects the County to handle the situation and he

does not want the County to do more than is necessary. Howard suggested the possibility

of requiring testing every other year. Furlong stated he would like to keep the cost to a

minimum. Kelly asked if the Board needs to change the County ordinance to match State

Code. Sorensen stated the ordinance needs to reflect the law. Board consensus was to

follow the State law, not be more restrictive. Sorensen stated he does not feel there

should be a fee for the systems which only need a visual inspection, but that the systems

which require sampling should pay for the costs of sampling their systems. Stepleton

asked about the 18 mechanical systems since those are also required to be tested.

Sorensen stated those should also pay the fees. Sauer stated the requirements for the

NPDES and the mechanical are very similar and both should be charged the same fee.

Howard stated he wants to do something to help this situation, but as fairly and

financially feasible as possible for County homeowners. Stepleton stated she is still

concerned about the 600+ systems that are discharging to the ground. Furlong stated the

situation may be readdressed, if the Board gets complaints. Board consensus was to

follow State law, get the 200+ NPDES systems under control, then keep a watchful eye

on the rest of the systems with Zoning keeping track of complaints and problems over the

next year or two. Scott Lucas, 1961 280

Street, Letts, stated he would be more

concerned about the 80% of systems with underground discharge underground as the

source of everyone’s drinking water is underground. Stepleton stated there are grants to

test well water for those residents.

On a motion by Howard, second by Sauer, the Board approved 10 special event permits

for events to be held on June 1

, June 2

, June 7

, June 21

, July 12

, July 26

, August

, August 23

, September 13

and November 15

at Ardon Creek Vineyard and

Winery, LLC, as requested by Mike Furlong. (Article III, Section 3.26 of the Zoning

Ordinance allows native wineries or cider mills as a special use, subject to specific

requirements, including Board of Supervisors’ approval, of any special event at which (1)

wine will be sold for onsite consumption and (2) attendance of more than 35 persons is

anticipated. Ayes: All.

On a motion by Howard, second by Kelly, minutes of the Monday, May 13, 2013 regular

meeting were approved as written. Ayes: All.

Muscatine County Board of Supervisors

Monday, May 20, 2013

Page 4

Correspondence:

Howard reported a contact regarding a fencing issue in Muscatine County.

Howard reported a contact regarding the sand filter ordinance.

Committee Reports:

All Supervisors attended the Annual Wilton Chamber of Commerce Luncheon

May 13

Sauer attended a Muscatine County Board of Health meeting May 15

Sauer attended a Riverbend Transit meeting May 15

Sauer attended a Muscatine County Fair Board meeting May 16

Sorensen attended a Wilton Development Corporation meeting May 15

Howard discussed hog confinement issues and possible damage to County roads stating

that the County Supervisors can work with Secondary Roads and Zoning staff to develop

criteria for secondary road usage by hog confinement facilities and grain trucks. Furlong

stated the Board probably needs to adopt an ordinance to require facilities which damage

the County roads be responsible for the repairs.

Budget Coordinator Sherry Seright reviewed bids received for a Muscatine County

Courthouse Lawn Irrigation System as follows: GSA Turf Services – $15,871.00 (5 year

warranty on parts - 2 year warranty on labor); Rainmaster Irrigation - $18,800.00 (2 year

warranty on parts and labor); Greenspace Associates - $20,138.00 (2 year warranty on

parts and labor); Zimmerman Landscape & Irrigation - $24,223.50 (3-5 year warranty on

parts - 1 year warranty on labor); and Uncommon Ground - $24,694.52 (1 year warranty

on parts and labor). On a motion by Furlong, second by Howard, the Board accepted the

bid from GSA Turf Services in the amount of $15,871.00 for a lawn irrigation system for

the Muscatine County Courthouse to be completed by July 25, 2013. Ayes: All.

Discussion was held with Budget Coordinator Sherry Seright regarding a maintenance

agreement with Northwest Mechanical for building environmental systems at the

Community Services building, the Administration building and the Rescare (Optimae)

building. Seright stated that the contract on the Administration Building will no longer

be needed once the HVAC is replaced. On a motion by Kelly, second by Furlong, the

Board authorized the Chair to sign a maintenance agreement with Northwest Mechanical

for building environmental systems at the Community Services building, the

Administration building and the Rescare (Optimae) building in the amount of

$36,623.00. Ayes: All.

The meeting was adjourned at 10:31 A.M.

ATTEST:

______________________________ _________________________________

Leslie A. Soule, County Auditor

Jeff Sorensen, Chairperson

Board of Supervisors