Meeting Minutes
3/9/2010

Floyd County Board of Supervisors Meeting

March 9, 2010, 9:00 AM

UNAPPROVED MINUTES

The Floyd County Board of Supervisors met for regular session at 9:00 a.m. on Tuesday, March 9, 2010 in the Board Room of the Floyd County Courthouse with the following in attendance:  Supv. Enabnit, Chair ProTem, and Supv. Staudt; Absent:  Chairman Dunkel.

Staudt/Enabnit moved to approve the agenda as presented.  Motion carried 2-0. 

Enabnit/Staudt approve the February 22 and 23 and March 1, 2010 minutes.  Motion carried 2-0.

Staudt/Enabnit moved to approve the following claims:  County #2475-2628, Secondary Roads #12341-12378, and MH-DD #58962-58978.  Motion carried 2-0. 

Enabnit/Staudt moved to approve Bridget (Moe) Edson, Emergency Management Coordinator, as the Floyd County voting delegate to the Floyd County E911 Commission effective today.  Motion carried 2-0.

Staudt/Enabnit moved to approve the Floyd County Indigent Burial Policy which includes an increase in burials, from $850 to $1,000, excluding infant burials, increasing the fee of opening and closing graves to $300 and adding a fee for mileage.  Motion carried 2-0. 

Jill Streich and Shelley Smith, Floyd County FOCUS representatives, provided a request for county/state matched funds through the County Substance Abuse Prevention grant.  Gail Arjes, Public Health/Home Health Care Director, spoke of her support for the FOCUS request and Bob Lincoln, CPC/Case Manager, provided an e-mail reflecting his support as well.  Enabnit/Staudt moved to approve the Iowa Department of Public Health County Substance Abuse Prevention Services Request for Bid Ė Fiscal Year 2011 for a total contribution to FOCUS of $10,352 with the State reimbursing $2,588 to the County.  Motion carried 2-0. 

The public hearing regarding the Floyd County FY11 County Budget opened at 9:15 a.m.  The Auditor received no written or oral comments regarding the budget.  Bruce Hovden, Floyd County Assessor explained how the values of ag properties are determined.  The hearing closed at 9:20 a.m.  Staudt/Enabnit moved to approve the FY11 County Budget.  Motion carried 2-0.

Enabnit/Staudt moved to approve Resolution #11-10 Establishing a New Fund for Floyd County Search & Rescue.  Motion carried 2-0.

Staudt/Enabnit moved to suspend taxes payable in FY11 for five property owners who qualify per Iowa Code 427.9.  Motion carried 2-0.

Enabnit/Staudt moved to approve a liquor license renewal for Freeze Frame Bowl and a new seasonal liquor license for Cedar Ridge Golf Course.  Motion carried 2-0. 

Staudt/Enabnit moved to approve a Business Associate Agreement for Internet/Computer Usage with Lisa Adelmund, Chamber/Revitalization Community Development Financial Project Coordinator, and to authorize Adelmund to move into the previous Zoning office on ground floor effective today.  Motion carried 2-0.

Staudt/Enabnit moved to set a hearing on March 23, 2010 at 10 a.m. for the letting of three Urban Renewal projects:  the Clarksville road overlay paving project, the old highway road foamed asphalt project, and the Triumph Avenue concrete project east of Charles City.  Motion carried 2-0.

Enabnit/Staudt moved to approve IDOT Federal Aid Agreement for a County Highway Bridge Program Project, No. BROS-CO34(82)--5F-34.  Motion carried 2-0.

Dusten Rolando, County Engineer, presented Foremanís minutes.  Calvin Hopper, Foreman, is dealing with the DOT on three used pickups from the IDOT sale.  Holiday hours for the Dump site were discussed and the site will be closed on Saturday, December 25 and January 1.  The Board reviewed the 2011 Construction Program map for projects and will need to let Rolando know if they have any projects they would like added to the plan.  The Engineer roughly estimated the cost to repair Drainage District #9.  The Board is waiting for legal assistance from the County Attorney to hold hearings, let projects and assess the district.  Rolando provided a Farm to Market Account Status report.  The report reflects balances through January 15, 2010 and projects through 2016.

At 11:53 a.m. Supv Enabnit opened the public hearing regarding Gerald Billís application to rezone 3.02 acres from Ag to C-1 for the purpose of maintain the trucking operating that exists on the subject property which is located at 1549 Rampart Ave in the NEľ of S14-T96-R16W in Floyd Township, Floyd County, Iowa.  Approximately 30 people attended the hearing.  Supv Enabnit was provided a petition signed by 45 residents of the City of Floyd and the area surrounding 1549 Rampart Avenue supporting the change of zoning requested by Anthony Bill Trucking for the reason that the business and its owners contribute to the betterment of the community and do not, in the petitionerís opinion, cause a disturbance or otherwise negatively impact the quality of life in that area through the operation of the business.  Supv Enabnit shared that the Board received five letters, one to resend an original letter opposing the rezoning as it is no longer a concern, two in objection to rezoning and two in favor.  Ralph Smith, attorney representing Anthony Bill Trucking, requested he be allowed time to ask his client, Tony Bill, a series of questions on the operation of Anthony Bill Trucking and time to ask Connie Parson, Parson Real Estate owner/broker, questions in regard to her evaluation of the impact of the trucking facility and on values of property.  In response to questions, Tony Bill stated that Anthony Bill Trucking operates as a sole proprietorship business at 1549 Rampart Avenue, located on property owned by his father, Gerald Bill.   Recently Smith wrote up a legal lease agreement between Tony and Gerald, providing Tony the authority to buy the property.  There is no business development other than livestock in the area.  Anthony Bill Trucking started in 1992 with two trucks.  They originally hauled their own feed back to their cattle and added on to haul freight for Purina Mills until Purina Mills filled bankruptcy at which time Anthony Bill Trucking diversified into other areas of transportation with hauling for Purina Mills on a limited basis.  The business currently owns 35 trucks.  The business services all the tractors and trailers.  They do not load and unload trailers at the facility.  The buildings on the property include the main building which is 60í x 140í with a 40í x 40í area and a 24í x 60í area used for the inventory of parts.  Another shed, which is not attached to the main building for a fire safety reasons, is used to store tires.  The most recently constructed 60í x 140í building was put up in 2004 for approximately $100,000.  At that time the county was notified to see if there were any distance requirements for setting the building away from the road and was told there were no regulatory demands.  In 2007 Tony worked with Jeff Sherman, Zoning/E911 Signs/Sanitarian Director, regarding the replacement of a septic system.  Tony stated that his total trucking operation is probably worth around $200,000 with all the buildings.  The other buildings are used for agriculture purposes and are not included in the 3.02 acres.  Tony stated that prior to putting up the new building he did all the work outside because he could not get the whole truck inside.  The advantage of having a large repair setup makes it nicer for Tony to work inside, allows him to put the trucks inside, and he made sure the building is insulated well so it contains all the noise, such as operating air wrenches in the middle of the night. Tony stated that the only complaint he had was from neighbor Gene Henely regarding driverís lights shining in his house and Tony resolved the issue by having the drivers use another driveway.  Anthony Bill Trucking employs 33 people, not counting his wife and him.  Payroll for the business is over $1 million and he offers health insurance, paid vacations and paid holidays.  The business provides parts for the Floyd Fire Department trucks and donates money for the water trucks so they could transfer water when needed.  Tony characterizes his relationships as positive and accommodating and would not intentionally be non-compliant with the county which is his reason for responded to the countyís request to change zoning.  The zoning application request is for the plat of 3.02 acres which Tony said will meet the transportation needs for this area.  Tony said the size of the business is about as big as he can handle.  It is a family enterprise and he hopes his children will take over the operation when he is no longer able to do so.  Tonyís intentions are to continue at the current location and if the zoning change requested by the county is not granted, he believes this will bring an action to close the business.  Tony believes he has been a good neighbor to all the neighbors and that he is sensitive to all concerns if expressed to him.  Smith proceeded with questions for Connie Parson.  Parson identified properties on an aerial map including 1) a new property owner who intends to build a new home and out building, 2) the property Michalsonís purchased for approximately $185,000 in 1996 and, although they have not sold the property, they are now asking for $325,000.  When asked if Anthony Bill Trucking would cause a depreciation to properties in the area, Parson stated that assessed property values have not gone down and the appreciation in value may not be as high with the trucking business across the road but in regard to the Michalson property, depreciation does not appear to be an issue.  Parson claimed to have visited with Stephanie Michalson who informed her that there use to be a headlight issue but the grove around the property has grown so it is not as much of an issue any more but there is seasonal truck noise and diesel smell issues.  Parson said there is lots of highway traffic and a real mix of residential, agricultural and business.  Parson believes the Bill property is well situation for a trucking business.  With no further questions of Smith, Supv Enabnit opened the discussion up for others.  Brian Chatfield expressed concern about his property if zoning is an issue with the Bill property.  Misty Day, Zoning Assistant, commented that Joe Myhre, NIACOG representative, informed the Zoning Commission at the last meeting that businesses like Chatfieldís are grandfathered; Chatfield disagrees based on conversations he had with the previous Zoning Director.  John Hayes spoke of his support for jobs and the right of people to make a living.  Jerry Peters advocated for the Billís business to stay in Floyd County.  Doug Lindaman said he hopes that people would go to the person they have a complaint with before going to the Commission or Board.  Supv Staudt commented that he thinks this issue is partly the Countyís fault and that some things ďfell through the cracks.Ē  Tom Schwab, Zoning Commission chair, reported that at Commission meeting earlier today, three Commissioners voted to deny the application and two voted to support the application to rezone.  Schwab reported that they heard a lot of expanded information but nothing compelling, at least for him, to change the earlier stance, reporting concerns of spot zoning.  Schwab also commented that the current zoning ordinance does not speak to what to do with a denial of an application with respect to the appropriateness of having a second hearing and explained that during the Commission meeting, Norm Klemesrud, Assistant County Attorney advised the Commission that lacking any language in the ordinance, it wasnít inappropriate to have a second hearing.  Schwab stated that the lease has been drafted but not yet signed and the application is in Gerald Billís name but all the testimony has been by Tony.  Schwab expressed concern that a zoning change runs with the land and the land owner has accountability.  Jeff Sisson mentioned concerns that the Zoning Board should be meeting and on the fact the meeting was scheduled twice.  Smith addressed the issue of spot zoning referencing information he previously provided to the county regarding a 3-prong test.  He stated that many Boards have found situations are appropriate spots for rezoning and believes the issue of rehearing is legitimate.  Smith commented that he and Jesse Marzen, County Attorney, agreed that this situation permitted a new hearing and that in this particular case would prevent an injustice if it were not allowed.  Gerald Bill asked the Board to take into consideration how many letters have been received supporting the business compared to the handful against it.  Susan Nelson commented that at the first Zoning Commission meeting, the three Commissioners in attendance all voted to deny the application and at todayís meeting all five Commissioners were present with one of the original three changing his position.  Nelson also expressed spot zoning concerns and questioned if a change to commercial property was appropriate or if it would be better suited as light industry property.  Gene Henely commented that the reason he did not attend the first meeting was because the first letter stated if you oppose you should show up and because he didnít oppose, he didnít show up but the second letter read differently.  Misty Day countered that both letters referenced oral or written objection or support.  Larry Tjaden suggested the Board look around at the support for the Billís.  Supv Staudt commented that the Board is now more acclimated to the situation than they were at the first meeting.  Gordon Boge questioned if the Board could appeal the decision made earlier, make a different decision or table the issue.  Supv Enabnit responded that the Board intends to make a decision today.  A representative from North Iowa Energy presented information regarding how much business in gallons of diesel fuel, engine oil and propane the Billís purchased from the Rudd location.  Tim Fox, Area Development Executive Director, commented that if Anthony Bill Trucking were a manufacturing business, they would be the sixth largest manufacturer in terms of employees in Floyd County; with respect to payroll they are the fifth largest and many employers donít pay benefits.  Fox stated that if the Billís were coming to Area Development for assistance or to a bank for borrow money, he would expect them to have a line of succession and a business plan.  Fox finds no evidence of malfeasants or law breaking by this business and commented that he spends half of his time to find projects in Floyd County and this one has become an accepted use.  Jeff Bergstrom spoke in favor of keeping the firm where it is.  Supv Enabnit closed the hearing at 12:43 p.m.  Supv Enabnit commented that he thinks the county has failed and that county employees have been out to the facility several times and never caught this zoning issue.  Supv Staudt commented that he has never gone against the Zoning Commission before.  Enabnit/Staudt moved to approve Gerald Billís application to rezone 3.02 acres of property from Ag to C-1 for the purpose of maintaining the trucking operation located at 1549 Rampart Avenue in the NEľ of S14-T96-R16W in Floyd Township.  Motion carried 2-0. 

A motion was made by Supervisor Staudt and seconded by Supervisor Enabnit to adjourn.  Motion carried 2-0.

 

ATTEST:  _________________________________             ____________________________________

            Gloria A. Carr                                                            Arlin V. Enabnit, Chair Pro-Tem

            Floyd County Auditor                                            Floyd County Board of Supervisors

 

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