July

Regular Meeting

July 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 June 29, 2004 meeting.  Motion carried unanimously. 

Moved by Nolting, seconded by Peterson to receive and place on file the following Drainage Repairs:  D.D.#69 Lateral 2, and D.D.# 3 Webster and #2 Humboldt.  Motion carried unanimously. 

Moved by Peterson, seconded by Magnusson to approve part-time employment of Lorena Jackson and April Murray, Jailers, at the rate of $9.75 per hour, effective June 24, 2004, per recommendation of Sheriff Brian Mickelson.  Motion carried unanimously. 

Moved by Magnusson, seconded by Gill to approve and authorize Chair to sign Edward Byrne Memorial State and Local Law Enforcement Assistance formula Grant Program Contract.  (Copies on file in Auditor’s office).  Motion carried unanimously. 
 

Moved by Gill, seconded by Nolting to adopt the following Resolution:

RESOLUTION

WHEREAS, the City of Fort Dodge, Iowa (the “City”) has begun the process of amending the urban renewal plans for the Center City Urban Renewal Area and the Industrial Park Urban Renewal Area (collectively the “Urban Renewal Areas”), pursuant to Chapter 403 of the Code of Iowa, to add additional property to the Urban Renewal Areas; and 

WHEREAS, a portion of the property which is proposed to be added to the Urban Renewal Areas is located outside the city limits as described on Exhibit A hereto, (the “Additional Property”); and 

WHEREAS, the City needs to add the Additional Property to the Urban Renewal Area in order to carry out an economic development project; and 

WHEREAS, in accordance with paragraph 4 of Section 403.17 of the Code of Iowa, a city may exercise urban renewal powers with respect to property which is located outside but within two miles of the boundary of a city only if the city obtains the consent of the county within which such property is located; and 

WHEREAS, the City Council of the City has requested that the Board of Supervisors of Webster County adopt a resolution giving its consent that the City may exercise urban renewal powers with respect to the Additional Property; 

NOW, THEREFORE, it is hereby resolved by the Board of Supervisors of Webster County, Iowa, as follows:

Section 1.  The Board of Supervisors of Webster County hereby gives its consent that the City of Fort Dodge may exercise urban renewal powers pursuant to Chapter 403 of the Code of Iowa with respect to the Additional Property, and may include such property within the Urban Renewal Areas. 

Section 2.  This resolution shall be deemed to meet the statutory requirements of paragraph 4 of Section 403.17 of the code of Iowa and shall be effective immediately following its approval and execution. 

Section 3.   This resolution applies to the Property described in Exhibit A only, and does not apply to any other property.
 

Passed and approved this 6^th day of July, 2004.

S/Phil Condon

Chairperson, Board of Supervisors

Attest:

S/Carol Messerly

County Auditor

EXHIBIT A

Legal Description
 

The Southeast Quarter (SE ¼) of the Southeast Quarter (SE ¼) and the Northeast Quarter (NE ¼) of the Southeast Quarter (SE ¼) of Section 22, Township 89 North, Range 28 West of the 5^th P.M., Webster County, Iowa
 

AND
 

The East One Half  (E ½) of Section 13, Township 89 North, Range 29 West of the 5^th P.M., Webster County, Iowa.

Motion carried unanimously.

Moved by Nolting, seconded by Peterson to approve appointment of Greg Nolting to Public Health Board.  Motion rescinded.

Moved by Magnusson, seconded by Gill to table appointment to Public Health Board until next Tuesday. Motion carried unanimously.
 

Moved by Peterson, seconded by Magnusson to approve and authorize Chair to sign utility permit application from Mid American Energy to temporarily install overhead electric line across Hayes Avenue approximately 1200 feet south of Iowa Highway 7 to provide construction power to the VeraSun ethanol plant.  (Copy on file in Engineer’s office).  Motion carried unanimously.

Moved by Magnusson, seconded by Gill to approve and authorize Chair to sign permit application from Verna Fischer for construction of 12-inch sub-drain crossing between Sections 10 and 11, Township 87 North, Range 29 West (Clay Township).  (Copy on file in Engineer’s office).  Motion carried unanimously.
 

Moved by Gill, seconded by Nolting to approve and authorize Chair to sign permit application from Allan J. Allard to place a layer of 6-inch size stone on the slopes around the culvert openings of house entrance at 1354 Nelson Avenue.  (Copy on file in Engineer’s office).  Motion carried unanimously. 

Moved by Nolting, seconded by Peterson to approve and authorize Chair to sign resolution to close 205^th Street between Hayes and Fairbanks Avenue in Section 30, Douglas Township.  (Copy on file in Engineer’s office).  Motion carried unanimously.

Moved by Peterson, seconded by Magnusson to approve and authorize chair to sign resolution to temporarily close road and establish detour route for bridge replacement project on Rout P29 between Iowa Highway 7 and Clare.
 

RESOLUTION
 

WHEREAS, Iowa Code Section 306.41 provides for the temporary closing of sections of roadway when necessary because of construction, and 

WHEREAS, the Webster County Engineer has been authorized by a previous resolution of the Webster County Board of Supervisors to execute the above requirements of Iowa Code Section 306.41 regarding temporary road closures, and 

WHEREAS, Project BROS-CO94(46)—5F-94 involves a bridge replacement on Route P29 (Fairbanks Avenue) over Lizard Creek approximately 2 miles north of Iowa Highway 7, which requires a portion of Route P29 (Fairbanks Avenue) to be temporarily closed between 160^th and 170^th Streets and a detour to be designate, and 

WHEREAS, the Webster County Engineer has received permission to temporarily designate a portion of Iowa Highway 7 as a detour route. 

NOW, THEREFORE, BE IT RESOLVED by the Webster County Board of Supervisors that the above-described road be closed and the following roads be designated as a detour route: 

“From the junction of Route P29 (Fairbanks Avenue) and Iowa Highway 7, thence East approximately 4.5 miles on Iowa Highway 7 to the junction of Route P41 (Johnson Avenue); thence North approximately 5 miles on Route P41 (Johnson Avenue) to the junction of Route C66 (140^th Street); thence West approximately 4.5 miles on Route C66 (140^th Street) to the junction of Route P29 (Fairbanks Avenue).” 

BE IT FURTHER RESOLVED that this resolution shall be in effect when the traffic control devices are established in the field, and will continue for the duration of said construction project as determined by the Webster County Engineer. 

PASSED AND APPROVED this 6^th day of July, 2004.

Webster County Board of Supervisors                                                                ATTEST:

S/Phil Condon, Chairman                                                                                    S/Carol Messerly, Webster County Auditor

Motion carried unanimously.

Moved by Magnusson, seconded by Gill to deny tax sale assignment on tax sale 98342, parcel number 0729157007, Fort Dodge Town Company’s Addition, Block 89 Lot 9 to Josh Taylor.  Motion carried unanimously. 

Moved by Nolting, seconded by Peterson to approve Family Medical Leave for Joan Lara.  Motion carried unanimously. 

Moved by Gill, seconded by Nolting to approve and authorize Chair to sign the following MH/DD Contracts: Partnership for Process, Inc. dba Willow Heights, Seasons Center, Children and Family of Iowa; Opportunity Living, Inc., and Psychiatry, Lee and Associates.  Motion carried unanimously. 

At 10:15a.m. a Public Hearing was held on first consideration of petition by the Webster County Zoning Administrator to amend the Agricultural (A-1) and Agricultural (A-2) districts by adding the following land use as a principal use permitted:  State designated off highway vehicle parks open to the public, which are partially or completely funded through and operating under the rules of the Iowa Department of Natural Resources.  No objections being heard it was moved by Peterson, seconded by Magnusson to approve first consideration of said amendment and further waiving second and third considerations adopting said amendment to Webster County Zoning Ordinance 024.  Roll call vote:  Ayes- Condon, Gill, Nolting, Peterson and Magnusson.  Nays – none.  Motion carried unanimously.
 

Moved and seconded the meeting adjourned.

Regular Meeting

July 20, 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 July 13, 2004 meeting.  Motion carried unanimously. 

Moved by Nolting, seconded by Peterson to receive and place on file Drainage Repairs for D.D.#197.  Motion carried unanimously. 

Moved by Peterson, seconded by Magnusson to receive and place on file resignation of Webster County Jailers Jill Austin, effective May 31, 2004 and Chris Segar, effective July 1, 2004.  Motion carried unanimously. 

Moved by Magnusson, seconded by Gill to approve full-time employment of Kari Waldschmidt, at the rate of $11.84 per hour, effective July 7, 2004, per recommendation of Sheriff Mickelson.  Motion carried unanimously. 

Moved by Gill, seconded by Nolting to approve employment of Tony Walter, Deputy Sheriff at an annual salary of $33,574.55, effective July 26, 2004, per recommendation of Sheriff Mickelson.  Motion carried unanimously. 

Moved by Nolting, seconded by Peterson to approve Ed Juncker and Gordon Dean Vandevier to carry weapons as Webster County Sheriff’s Reserve Deputies.  Motion carried unanimously. 

Moved by Peterson, seconded by Magnusson to approve and authorize Chair to sign 28E Agreement between the Iowa Department of Corrections and Webster County to enable Webster County Sheriff’s office to utilize State inmate labor for the installation of steel in jail.  (Copy on file in Auditor’s office).  Motion carried unanimously. 

Moved by Magnusson, seconded by Gill to approve bond of Friesth Construction for septic/sewer installation.  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 June 30, 2004.  (Copy on file in Auditor’s office).  Motion carried unanimously. 

Moved by Nolting, seconded by Peterson to approve 5-Day Class B Beer Permit for Rotary Club of Fort Dodge, Iowa – Daybreak effective July 21, 2004 through July 25, 2004.  Motion carried unanimously. 

Moved by Peterson, seconded by Magnusson to table until next week request from Webster County Conservation Board to transfer $26,422.59 from General Basic Fund to Conservation Trust Fund (unencumbered balance of FY04 budget appropriation).  Motion carried unanimously. 

Moved by Magnusson, seconded by Gill to approve and authorize Chair to sign the following resolution:
 

RESOLUTION
 

WHEREAS, the Webster County Board of Supervisors is empowered under authority of Sections 321.236, 321.239, 321.255 and 321.354 of the Code of Iowa to regulate the standing or parking of vehicles on streets and highways under their jurisdiction and to place and maintain traffic control devices and

WHEREAS, road improvements consisting of regrading and paving 160^th Street along the north side of the Harlan Rogers Sports Complex and paving a right turn lane for northbound traffic on Route P56 (Nelson Avenue) approaching 160^th Street are now complete, and 

WHEREAS, parking restrictions would ensure safer passage of fire and emergency vehicles and improve the safety of pedestrians and the traveling public. 

NOW, THEREFORE BE IT RESOLVED by the Webster County Board of Supervisors that the following described parking restrictions be established and that “NO PARKING” signs (R8-3) be erected giving notice thereof:

1.        On both sides of 160^th Street from just east of the Route P56 (Nelson Avenue) then continuing east 1500 feet, and

2.        On both sides of Route P56 (Nelson Avenue) from just north of the main entrance of the Harlan Rogers Sports Complex then continuing north 1500 feet to just south of 160^th Street.

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

Passed and Approved this 20^th day of July, 2004.

S/Phil Condon, Chairman

Webster County Board of Supervisors

ATTEST:

S/Carol Messerly

Webster County Auditor
 

Motion carried unanimously.
 

Public Hearing was held on the 2003-2004 Community Development Block Grant project with Rabiner’s Treatment Center.  Steve Hoesel with MIDAS and Brad Klug, Director of Rabiner Treatment Center reported on the funding and progress of the new cottages and counseling center.  The project has pretty much stayed on schedule nearly completing the Community Development Block Grant funding.  Rabiner Treatment Center currently has approximately 125 employees.  Further it is estimated that when school starts this fall approximately 100 clients will be in the programs with 90 in residential treatment; and within the next 12 months they are expecting the numbers to increase between 300 to 400.  The primary focus is treatment of the regional area and in Iowa, but in the near future they will be developing a website and anticipate reaching out of state as well.  An open house is being scheduled for September 15, 2004 and Brad encourages the Supervisors and community to view the facility.  No further comments were heard. 

At 10:16a.m. it was moved by Gill, seconded by Nolting to go into closed session in accordance with Section 21.5(1) (c) to discuss pending litigation.  Roll call vote:  Ayes-Condon, Gill, Nolting, Peterson and Magnusson.  Nays-None. 

At 10:25a.m. upon motion by Magnusson, second by Gill the Board returned to open session.
 

Moved and seconded the meeting adjourned.

Regular Meeting

July 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 July 20, 2004 meeting.  Motion carried unanimously. 

Moved by Nolting, seconded by Peterson to receive and place on file the following Drainage Repairs:  D.D.#16 and D.D.#340.  Motion carried unanimously. 

Moved by Peterson, seconded by Magnusson to approve transfer of $26,422.59 from General Basic Fund to Conservation Trust Fund (unencumbered balance of FY04 budget appropriation).  Motion carried unanimously. 

Moved by Magnusson, seconded by Gill to authorize chairman to sign agreements canceling sale and assignment of tax certificates P.B. # 90005, P.B. # 90004, P.B. # 90006, P.B. # 90058.  (Copy on file in Auditor’s office).  Motion carried unanimously. 

Moved by Gill, seconded by Nolting to approve 5-Day Class B Beer Permit for American Woodlands, LLC, effective August 7, 2004 through August 12, 2004.  Motion carried unanimously. 

Moved by Nolting, seconded by Peterson to table official request for a report from the County Treasurer for information regarding delinquent property taxes in Webster County.  Ayes – Peterson, Nolting and Magnusson.  Nay – Gill.  Motion carried. 

Moved by Peterson, seconded by Magnusson to approve and authorize Chair to sign the following MH/DD Provider Contracts:  Adults, Inc and Echo, Inc.  (Copies on file in CPC’s office).  Motion carried unanimously. 

Moved by Magnusson, seconded by Gill to approve and authorize Chair to sign Law Enforcement Contracts between the Webster County Sheriff’s Office and the towns of Moorland, Lehigh, Clare, Vincent, Callender, Barnum, and Harcourt to provide law enforcement protection.  (Copies on file in Auditor’s office).  Motion carried unanimously. 

Moved by Gill, seconded by Nolting to approve and authorize Chair to sign resolution to execute Easement Agreements with Chicago Central and Pacific Railroad Company on South 22^nd Street Bridge Replacement Project.
 

RESOLUTION
 

BE IT RESOLVED, that the Chairperson of the Board of Supervisors of Webster County in the State of Iowa, is hereby authorized to execute an Agreement dated the 27^th day of July, 2004 with the Chicago Central and Pacific Railroad Company, copy on file in Engineer’s office, conveying easement(s) for purposes of construction, ownership, operation, repair, rehabilitation, reconstruction, and perpetual maintenance of a public roadway (South 22^nd St./Landfill Drive), grade separation structure and appurtenances on behalf of said County by affixing his/her signature to each of three (3) original counterparts of said Agreement, the same to be attested by the County Auditor, and it is herein and hereby certified and affirmed that funds have been appropriated and are available for the payment by the County of any amounts agreed to be paid by it under the terms of said Agreement. 

BE IT FURTHER RESOLVED a certified copy of this resolution be transmitted to the Chicago Central and Pacific Railroad Company. 

Passed and Approved this 27^th day of July, 2004.
 

S/Phil Condon, Chairman

Webster County Board of Supervisors
 

ATTEST:
 

S/Carol Messerly

Webster County Auditor
 

Motion carried unanimously.
 

Moved by Nolting, seconded by Peterson to approve and authorize Chair to sign purchase agreement for right-of-way requirements with United States Gypsum Company on South 22^nd Street Bridge Replacement Project.  (Copy on file in Engineer’s office).  Motion carried unanimously. 

Moved by Peterson, seconded by Magnusson to approve and authorize Chair to sign permit application from Xenia Rural Water District to bury water mains across organized county drainage districts and secondary road right-of-ways from Kalo to south of Dayton for their North Service Area 3, Phase 1 Project.  (Copy on file in Engineer’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 7:00p.m. August 10, 2004, as the time and date for public hearing on the first consideration to amend the Zoning Ordinance 024 to rezone property from A-1 Agricultural to A-2 Agricultural for Lots 2, 3 and 8, County Auditor’s Plat of the NE ¼ of the SE ¼ lying north of the road, in Section 18, Township 88 North, Range 28, West of the 5^th P.M., Webster County, Iowa; for Taxing purposes referred to as “Coal Banks Road”, AND all that part of the vacated Public Road known as “The Coal Banks Road” abutting.  Rick Peters and Russ Clark intend to subdivide the property and sell lots.  And further to amend the Future Land Use Map in the Comprehensive Plan from A-1 Agricultural to A-2 Agricultural for the above described property.  Motion carried unanimously.
 

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

Moved and seconded the meeting adjourned.