April

Regular Meeting

April 6, 2004

The Board of Supervisor met in Session on the above date with the following members present: Magnusson, Peterson, Condon, Gill and Nolting. 

Moved by Gill, seconded by Nolting to approve minutes of March 30, 2004 meeting.  Motion carried unanimously. 

Moved by Nolting, seconded by Peterson to approve Bond of Phil Hood Excavating for septic tank installation.   Motion carried unanimously. 

Moved by Peterson, seconded by Magnusson to receive and place on file Manure Management Plans for Sparboe Farmegg Products, LLC in Section 11, Township 90 North, Range 30 West and Section 14, Township 90 North, Range 28-29 West, Webster County, Iowa. (Copies on file in Auditor’s office).  Motion carried unanimously. 

Moved by Magnusson, seconded by Gill to receive and place on file Planning and Zoning Commission’s report and set April 27, 2004 at 10:30a.m. as the time and date for public hearing on first consideration to amend the Future Land Use Map and Zoning Ordinance 024 to rezone property from R-1 Residential to C-1 Commercial at 23619-23623 Nelson Avenue for the purpose of a 4800 square foot addition to existing hydraulic business.  Motion carried unanimously. 

Moved by Gill, seconded by Nolting to approve and authorize Chair to sign Edward Byrne Memorial Law Enforcement Assistances grant fund application on behalf of Youth Shelter Care for substance abuse treatment for juvenile offenders.  (Copy on file in Auditor’s office).  Motion carried unanimously. 

Moved by Nolting, seconded by Peterson to approve and authorize Chair to sign Edward Byrne Memorial Law Enforcement Assistances grant fund application on behalf of Community and Family Resources for recovery house for adults.  (Copy on file in Auditor’s office).  Motion carried unanimously. 

A Public Hearing was held to consider terms and manner of sale of tax sale certificates.  Public comment was heard.  Moved by Magnusson, seconded by Gill to recess until April 13, 2004 at 11:00a.m.  Motion carried unanimously. 

Moved by Gill, seconded by Nolting to allow claims.  Motion carried unanimously. 

Moved and seconded the meeting adjourned.

Regular Meeting

April 13, 2004

The Board of Supervisor met in Session on the above date with the following members present: Magnusson, Peterson, Condon, Gill and Nolting. 

Moved by Gill, seconded by Nolting to approve minutes of April 6, 2004 meeting.  Motion carried unanimously. 

Moved by Nolting, seconded by Peterson to receive and place on file the following Drainage Repairs:  D.D.#2, D.D.#4 Webster & #272 Hamilton, Lateral 1, and D.D.#191.  Motion carried unanimously. 

Moved by Peterson, seconded by Magnusson to approve the following department appropriation changes:  increase Department #028 $7,500; decrease Department #005 $7,500; increase Department 051 $27,425; decrease Department 008 $5,000; decrease Department 054 $5,000; decrease Department 055 $4,425; and decrease Department 099 $13,000.  Motion carried unanimously. 

Moved by Magnusson, seconded by Gill to approve Beer Permit Renewal Application for This N That County Store.  Motion carried unanimously. 

Moved by Gill, seconded by Nolting to approve and authorize Chair to sign Lease Agreement for Department of Human Services, Quality Control office in Social Services Building.  (Copy on file in Auditor’s office).  Motion carried unanimously. 

Moved by Nolting, seconded by Peterson to receive and place on file salary increase to $1,499.96 every two weeks for Angie Harrison, effective April 26, 2004, Rhonda Fitchett to $2,250.40 every two weeks, effective May 1, 2004 and Linda Kearney to $1,060.87 every two weeks, effective June 7, 2004, as submitted by Karen Hanson, Child Support Recovery Unit.  Motion carried unanimously. 

Moved by Peterson, seconded by Magnusson to approve bond for Rasch Construction, Inc. for sewer/septic tank installation.  Motion carried unanimously.

Moved by Magnusson, seconded by Gill to authorize purchase of two 2004, Ford police package Crown Victoria patrol cars per recommendation of Sheriff Mickelson. Motion carried unanimously. 

Moved by Gill, seconded by Nolting to approve low bid for 624J series wheel loader per recommendation of County Engineer.  Motion carried unanimously. 

Moved by Nolting, seconded by Peterson to adopt the following resolution: 

RESOLUTION 2004
 

WHEREAS, the Webster County Board of Supervisors is empowered under authority of Sections 321.236, 321.255 and 321.345 of the Code of Iowa to regulate highways under their jurisdiction, as deemed necessary, and 

WHEREAS, Project L-871609—73–94 involves a bridge replacement on Route P73 (Union Avenue) approximately 1.5 miles south of U.S. Highway 20, which requires a portion of Route P73 (Union Avenue) to be temporarily closed from the junction of U.S. Highway 20 south to the junction of 250^th Street and a detour to be designated, and 

WHEREAS, the Webster County Engineer has received permission to temporarily designate a portion of U.S. Highway 20 as a detour route, and 

WHEREAS, the Webster County Engineer is authorized on behalf of the Board of Supervisors to execute the above requirements until such time as a formal resolution can be executed by the Board of Supervisors, 

NOW, THEREFORE, BE IT RESOLVED by the Webster County Board of Supervisors that the following roads be designated as a detour route: 

“From the junction of Route P73 (Union Avenue) and U.S. Highway 20, thence West approximately one mile on U.S. Highway 20 to the junction of Taylor Avenue; thence South approximately 1.2 miles on Taylor Avenue to the junction of 250^th Street; thence East approximately 1.2 miles on 250^th Street to the junction of Route P73 (Union Avenue).” 

BE IT FURTHER RESOLVED that the traffic control devices for the aforementioned road closure and detour route were established in the field at 10:00 A.M., Monday, April 12, 2004 and shall continue for the duration of said construction project. 

PASSED AND APPROVED THIS 13^th day of April, 2004.

Webster County Board of Supervisors 

S/Phil Condon, Chairman
 

ATTEST:
 

S/Carol Messerly

Webster County Auditor
 

Motion carried unanimously. 
 

Moved by Peterson, seconded by Magnusson to approve and authorize Chair to sign utility permit application from Lehigh Valley Cooperative Telephone Association to relocate fiber optic cable along the west side of Section 16, Washington Township.  (Copy on file in Engineer’s office).  Motion carried unanimously. 

Moved by Magnusson, seconded by Gill to approve and authorize Chair to sign utility permit application from Xenia Rural Water District to bury water main along the south side of 340^th Street in Section 1, Yell Township.  (Copy on file in Engineer’s office).  Motion carried unanimously. 

A Public Hearing was held on first consideration of a request from Ronald and Donna Dornath to amend Zoning Ordinance 024 and the Comprehensive Land Use Plan on the following described property from A-1 Agricultural to C-1 Commercial:  Lot No. 1 of County Auditor’s Taxation Plat of the Southeast Quarter of the Southeast Quarter of Section 14, Township 88 North, Range 29 West of the 5^th P.M., Webster County, Iowa. (Property to rezone located at 2097 and 2099 250^th Street).  Jessy Wiladson reviewed the Planning and Zoning Commission Report and reported that they had denied said request for rezone.  Comments were heard from Donna Dornath that she had thought it was zoned commercial and having this property developed would be a draw for this area. Moved by Peterson, seconded by Magnusson to deny said request to rezone in order to keep commercial zoning in the area of the South One-half of the Northeast Quarter which has already been rezoned and no further hearings be necessary.  Roll call vote – Ayes:  Gill, Nolting, Peterson, Magnusson and Condon.  Nays:  None.  Motion carried unanimously.

At 10:30a.m. a Public Hearing on County’s proposal to re-grade and pave approximately 1400 feet of 160^th Street along the north side of Harlan Rogers sports Complex between the Southeast Quarter of Section 32, Township 90 North, Range 28 West (Badger Township) and the Northeast Quarter of Section 5, Township 89 North, Range 28 West (Cooper Township). Engineer Randy will reported that since this proposed project does not meet the minimum requirements according to a Paving Point Determination System established in 1982, a public hearing must be held before proceeding.  This project has been incorporated into the five year plan that was approve and fiscal year 2005 budget, but requested that this be a fall project since there are several upcoming summer events scheduled and recommended a contract date after the summer softball tournament.  Todd Redenius commented that the timeline would be acceptable to him and appreciates the cooperation of the County in making the proposed improvements.  No further comments or objections being heard it was moved by Nolting, seconded by Peterson that the hearing close.  Motion carried unanimously. 

At 11:00a.m.a Recessed Public Hearing was held to consider terms and manner of sale of tax sale certificates.  Moved by Peterson, seconded by Magnusson that the following Resolution be adopted:
 

RESOLUTION RE:  SALE OF COUNTY HELD TAX CERTIFICATES
 

WHEREAS, Webster County is the owner of certain tax sale certificates on property described as follows: 

Northwest Quarter of the Southwest Quarter, except the South One-half of the South One-half of Section Thirteen, Township 87 North, Range 28 West of the 5^th P.M., Webster County, Iowa and Forest Reserve.  (PB#90005). 

Northeast Quarter of Southwest Quarter except the South One-half of the South One-half of Section Thirteen, Township 87 North, Range 28 West of the 5^th P.M., Webster County, Iowa and Forest Reserve.  (PB#90004). 

Southeast Quarter of the Northeast Quarter of Section Fourteen, Township 87 North, Range 28 West of the 5^th P.M., Webster County, Iowa and Forest Reserve. (PB#90006). 

Southwest Quarter of the Northwest Quarter of Section Thirteen, Township 87 North, Range 28 West of the 5^th P.M., Webster County, Iowa.  (PB#90056). 

Northwest Quarter of the Northwest Quarter of Section Thirteen, Township 87 North, Range 28 West of the 5^th P.M., Webster County, Iowa and Forest Reserve.  (PB#90058)
 

And:

WHEREAS, the Webster County Board of Supervisors has determined that said tax certificates should be sold at public auction; and 

WHERAS, the Board of Supervisors having given proper notice to the public and having complied with the procedures set forth in the Iowa Code. 

BE IT RESOLVED that the Webster County Board of Supervisors hereby authorizes the sale of the tax certificates for the above-described parcels at public auction to be held at 9:30 a.m. May 12, 2004 at 3044 Racine Avenue, Lehigh, Iowa.  The Board of Supervisors shall conduct the sale with the assistance of the Webster County Auditor, acting as clerk to the Board of Supervisors, and with the assistance of the Webster County Treasurer. 

BE IT FURTHER RESOLVED that the Webster County Board of Supervisors hereby authorizes that the sale shall be for the full amount of delinquent taxes owed on the property, as determined by the Webster County Treasurer, or to the highest bidder.  Should the highest bid be less than the full amount of delinquent taxes on the parcel, the Webster County Board of Supervisors will compromise the full amount of taxes owed on the parcel for the amount of the highest bid on each parcel pursuant to Iowa Code Section 445.16. 

BE IT FURTHER RESOLVED that the highest bidder for each parcel shall immediately pay to the Webster County Treasurer the total amount bid pursuant to Iowa Code Section 446.23.  The Webster County Board of Supervisors makes no warranty on the sale of any certificate or on title to any of the parcels subject to tax certificates, and any bidders with legal questions are advised to consult their own attorney. 

BE IT FURTHER RESOLVED that upon the completion of the sale of the tax certificates by public auction, the Webster County Board of Supervisors will review the highest bid and the appropriate documentation in determining the Board’s final consideration and approval. 

Dated this 13^th day of April, 2004.

WEBSTER COUNTY BOARD OF SUPERVISORS

S/Phil Condon, Chair 

S/James Gill, Board Member 

S/Greg Nolting, Board Member 

S/Eddie Peterson, Board Member 

S/Floyd A. Magnusson, Board Member

Motion carried unanimously.
 

Moved by Gill, seconded by Nolting to amend the above Resolution to add “and any interest and/or penalty” after delinquent taxes as it appears in said Resolution.  Motion carried unanimously.
 

Moved and seconded the meeting adjourned.

Special Meeting

April 15, 2004

The Board of Supervisor met in Session on the above date with the following members present: Magnusson, Condon, and Gill.  Absent:  Peterson and Nolting. 

Moved by Magnusson, seconded by Gill to approve extension of 28E Agreement with Humboldt County for County Attorney services.  (Copy on file in Auditor’s office).  Motion carried unanimously. 

Moved and seconded the meeting adjourned.

Regular Meeting

April 20, 2004

The Board of Supervisor met in Session on the above date with the following members present: Peterson, Condon, Gill and Nolting.  Absent:  Magnusson. 

Moved by Gill, seconded by Nolting to approve the following as the Official Canvass of the Lehigh Special Election held on April 13, 2004:   Christie Johnson Fifty-five (55) votes;  Andy Whitson Thirty-eight (38) votes; and Douglas A. Mueller Four (4) votes, with Christie Johnson being duly elected Council Member for the residue of the term. Motion carried unanimously. 

Moved by Gill, seconded by Nolting to approve minutes of April 13, 2004 meeting and April 15, 2004 special meeting.  Motion carried unanimously. 

Moved by Nolting, seconded by Peterson to receive and place on file the following Drainage Repairs:  D.D.#49; D.D.#34; and D.D.#4 Webster-#272 Hamilton, Lateral One.  Motion carried unanimously.

Moved by Peterson, seconded by Gill to approve employment of Sarah Livingston, Assistant Webster County Attorney, salary of $45,000, effective May 10, 2004.  Motion carried unanimously. 

Moved by Gill, seconded by Nolting to receive and place on file County Recorder’s Report of Fees Collected for period ending March 31, 2004.  (Copy on file in Auditor’s office).  Motion carried unanimously. 

Moved by Nolting, seconded by Peterson to receive and place on file Manure Management Annual Update Plan for Al Price Finisher, Section 7, Burnside Township.  (Copy on file in Auditor’s office).  Motion carried unanimously. 

Moved by Peterson, seconded by Gill to approve transfer of $590.00 from General Basic Fund to Conservation Trust Fund per recommendation of Conservation Board since funds were donated by Day Break Rotary club from the Lights at Kennedy display.  Motion carried unanimously. 

Moved by Gill, seconded by Nolting to approve employment of Steven Blazek, Part time Jailer at the rate of$9.75 per hour, effective April 26, 2004 and Jill Austin, Part-time Jailer at the rate of $9.75 per hour, effective April 19, 2004.  Motion carried unanimously. 

Moved by Nolting, seconded by Peterson to approve and authorize Chair to sign utility permit application from Lehigh Valley Cooperative Telephone Association to replace telecommunications cable from 2771 to 2831 Swallow Avenue in Section 36, Webster Township.  (Copy on file in Engineer’s office).  Motion carried unanimously. 

Moved by Peterson, seconded by Gill to approve and authorize Chair to sign utility permit application from Frontier Communications to bury approximately 900 feet of telecommunications cable along the east side of Johnson Avenue in Section 3, Elkhorn Township.  (Copy on file in Engineer’s office).  Motion carried unanimously. 

Moved by Gill, seconded by Nolting to approve and authorize Chair to sign utility permit application from Webster-Calhoun Cooperative Telephone Association to bury telecommunication cable at several locations in their Badger, Barnum, Clare and Vincent exchanges.  (Copy on file in Engineer’s office).  Motion carried unanimously. 

Moved by Nolting, seconded by Peterson to approve and authorize Chair to sign the following resolution:

RESOLUTION 2004
 

WHEREAS, the Board of Supervisors is empowered under the authority of Sections 321.236 and 321.255 and 321.345 of the Code of Iowa to designate any highway under their jurisdiction as a through highway and to designate any intersection as a stop intersection and to erect the signs at one or more entrances to such intersection, and 

WHEREAS, the “T” intersection at the junction of Vasse Avenue and 250^th Street South common to Sections 15, 16, 21 and 22, T88N, R27W, Washington Township is currently uncontrolled by any traffic control devices other than the E911 intersection signs, and 

WHEREAS, present traffic would be better served if the south approach on Vasse Avenue was made the STOP approach to the intersection, and the east and west approaches on 250^th Street were designated as through approaches, due to terrain, vegetation and development, which limit sight distance. 

NOW, THEREFORE, BE IT RESOLVED by the Webster County Board of Supervisors that STOP and STOP AHEAD signs be erected for southbound traffic on Vasse Avenue approaching 250^th Street in the Southeast Corner of Section 16, T88N, R27W, Washington Township. 

This resolution shall be in effect when the traffic control signs are erected.
 

PASSED AND APPROVED this 20^th day of April, 2004.
 

S/Phil Condon, Chairman

Webster County Board of Supervisors
 

ATTEST:
 

S/Carol Messerly

Webster County Auditor

Motion carried unanimously.
 

Moved by Peterson, seconded by Gill to table consideration/approval of agreement to rescind 1965 Agreement with National Gypsum Company regarding bridge on P59.  Motion carried unanimously.
 

Moved by Gill, seconded by Nolting to allow claims.  Motion carried unanimously.
 

Moved and seconded the meeting adjourned.

Regular Meeting

April 27, 2004

The Board of Supervisor met in Session on the above date with the following members present: Magnusson, Peterson, Condon, Gill and Nolting. 

Moved by Gill, seconded by Nolting to approve minutes of April 20, 2004 meeting.  Motion carried unanimously. 

Moved by Nolting, seconded by Peterson to receive and place on file the following Drainage Repairs:  D.D. #247 Webster - #7 Humboldt, D.D. 34, D.D. #151, D.D.#154, and D.D.#186.  Motion carried unanimously. 

Moved by Peterson, seconded by Magnusson to approve the following applications for open prairie, rivers and streams, forest cover, recreation lakes and residential wildlife habitat as exempt from property per Board Resolution on April 12, 1983 and receive and place on file Native Prairie tax exemptions.

Motion carried unanimously.

Moved by Magnusson, seconded by Gill to approve the following Tax Exempt Status for Wildlife Habitat under Slough Bill enacted in 1982.

Motion carried unanimously. 

Moved by Gill, seconded by Nolting to approve the following agreement rescinding 1965 Agreement with National Gypsum Company:  

AGREEMENT
 

THIS AGREEMENT is made this 27^th day of April, 2004 between New NGC, Inc., a Delaware corporation with its principal place of business in Mecklenburg County, North Carolina (hereinafter “National Gypsum”) and Webster County, Iowa (the “County”). 

Recitals
 

WHEREAS, on February 15, 1965 the National Gypsum and the County entered into an Agreement regarding the construction, maintenance, and removal of a bridge located on what is now known as County Road P-59 in the NE ¼ of Section 5, Pleasant Valley Township, Webster County, Iowa.  Said Agreement (hereinafter referred to as the “1965 Agreement”) was filed for record on January 23, 1997 in Miscellaneous Book 64, beginning at Page 93; and 

WHEREAS, as part of the establishment of an ATV park on National Gypsum’s land on both sides of the bridge, the County has agreed to permanently release National Gypsum from its obligations under the 1965 Agreement; and 

WHEREFORE, in consideration of Twenty-Five Thousand Dollars ($25,000.00) to be paid by National Gypsum to the County, and other good and valuable consideration, the parties agree as follows:  

                1.  Cancellation of Agreement.  From and after the Effective Date established below, the 1965 Agreement shall be cancelled and no further effect, and thereafter National Gypsum shall have no obligations or responsibilities with respect to said bridge whatsoever.  From and after the Effective Date, the County shall solely assume all responsibility for maintenance, repair, restoration, and replacement of said bridge as part of its secondary road system. 

                2.  Effective Date.  This Agreement shall become effective upon National Gypsum transferring title to land adjacent to the bridge to the Webster County Improvement Corporation for development of the ATV Park. Upon said transfer, this Agreement shall be recorded with the Webster County Recorder. 

                In the event that the above-described transfer from National Gypsum to Webster County Improvement Corporation does not occur prior to August 1, 2004, then this Agreement shall be null and void. 

                3.  Waiver/Indemnification.  National Gypsum and the Webster County Improvement Corporation hereby forever waive any rights to ownership or use of the roadway under the bridge. 

                Webster County Improvement Corporation hereby further agrees to indemnify and hold the County harmless from any claims by third parties arising from loss of use of the roadway under the bridge in the event the County decides to eliminate the bridge after May 1, 2011.
 

National Gypsum Company
 

S/Samuel A. Schiffman,

Vice President, General Counsel and Secretary

Webster County Improvement Corporation                                                          Webster County, Iowa

S/Dennis Plautz, President                                                                                   S/Phil Condon,

                                                                                                                              Chairman, Board of Supervisors

S/Don R. Schnurr, Secretary

                                                                                                                                ATTEST:

                                                                                                                                S/Carol Messerly

                                                                                                                                Auditor

Motion carried unanimously.

Moved by Nolting, seconded by Peterson to approve location change for public auction of tax sale certificates to be held on May 12, 2004 to the Board of Supervisors’ Room, Webster County Courthouse, Fort Dodge, Iowa.  Motion carried unanimously. 

Moved by Peterson, seconded by Magnusson to receive and place on file Webster County Fiscal Year 2003 Audit Reports and Financial Statements.  Motion carried unanimously. 

Moved by Magnusson, seconded by Gill to receive and place on file Report of Veteran Affairs Commission for period ending March 31, 2004. (Copy on file in Auditor’s office).  Motion carried unanimously. 

Moved by Nolting, seconded by Peterson to receive and place on file Webster County Sheriff’s Report of Fees Collected for period ending March 31, 2004.  (Copy on file in Auditor’s office).  Motion carried unanimously. 

Moved by Peterson, seconded by Magnusson to approve salary increase to $27,086.45, for Mary Condon, effective May 3, 2004 and Marcia Vote to $29,343.65, effective May 14, 2004, per recommendation of Sheriff Mickelson.  Motion carried unanimously. 

Moved by Magnusson, seconded by Gill to approve bonds of Al Price Trucking LLC and Tim Olson d/b/a Olson Plumbing and Heating for sewer/septic tank installation.  Motion carried unanimously. 

Moved by Gill, seconded by Nolting to approve and authorize Chair to sign Animal Control Service Agreement with Jerry Messerly, effective March 1, 2004.  (Copy on file in Auditor’s office).  Motion carried unanimously. 

Moved by Gill, seconded by Nolting to terminate 28E Agreement with Humboldt County for County Attorney Services, effective May 1, 2004.  Motion carried unanimously. 

Moved by Nolting, seconded by Peterson to approve and authorize Chair to sign the following resolution:

RESOLUTION 2004
 

WHEREAS, the Board of Supervisors is empowered under the authority of Sections 321.255 and 321.285 of the Code of Iowa, to determine upon the basis of an engineering and traffic investigation, that the speed limit of any secondary road is greater than is reasonable and proper under the conditions existing, and may determine and declare a reasonable and proper speed limit, and 

WHEREAS, such an investigation has been requested and has been completed by the Webster County Engineer. 

NOW, THEREFORE, BE IT RESOLVED by the Webster County Board of Supervisors that the speed limit be established and appropriate signs be erected at the location described as follows: 

• 35 MPH along Old Highway 169 from 100 feet South of Theater Road to 100 feet West of U.S. Highway 169 (Lainson Avenue) 

This speed limit shall be effective when the traffic control signs are erected.
 

PASSED AND APPROVED this 27^th day of April, 2004.

S/Phil Condon, Chairman

Webster County Board of Supervisors

ATTEST:

S/Carol Messerly

Webster County Auditor

Motion carried unanimously. 

Moved by Peterson, seconded by Magnusson to approve purchase two pickup trucks from Fort Dodge Ford for a total cost of $53,998.00, per recommendation of County Engineer.  Motion carried unanimously.  

Public Hearing was held on first consideration to amend the Future Land Use Map and Zoning Ordinance 024  to rezone property from R-1 Residential to C-1 Commercial at 23619-23623 Nelson Avenue for the purpose of a 4800 square foot addition to existing hydraulic business.  Zoning Administrator review the report of the Commission who approved the rezone even though several area residents had objected.  The current business was grandfathered in when the zoning ordinance was established in Webster County, but an addition to the existing business has to go through the rezone process.  A petition signed by fifteen residents of the area strongly opposing said rezone was filed.  

Moved by Gill, seconded by Nolting to receive and place on file petition signed by fifteen residents of the area strongly opposing amending the Future Land Use Map and Zoning Ordinance 024 to rezone property from R-1 Residential to C-1 Commercial at 23619-23623 Nelson Avenue for the purpose of a 4800 square foot addition to existing hydraulic business.  Motion carried unanimously. 

Moved by Magnusson, seconded by Gill to deny request to amend the Future Land Use Map and Zoning Ordinance 024 to rezone property from R-1 Residential to C-1 Commercial at 23619-23623 Nelson Avenue for the purpose of a 4800 square foot addition to existing hydraulic business.  Roll call vote – Ayes:  Condon, Gill, Nolting, Peterson and Magnusson.  Nays:  None.  Motion carried unanimously.
 

Moved and seconded the meeting adjourned.