Regular Meeting

October 10, 2000

 

The Board of Supervisor met in Session on the above date with the following members present: O’Farrell, Magnusson, Kirkberg, Peterson and Chairperson Martin. Absent none.

 

Moved by Kirkberg, seconded by Magnusson to approve minutes of meeting October 3, 2000. Motion carried unanimously.

 

Moved by Magnusson, seconded by O’Farrell to receive and place on file the following Drainage Repairs:  D.D.#34 and D.D.#117.  Motion carried unanimously.

 

Public hearing was held on the sale of the following real estate properties:  Lots One and Two of Block One Maher’s Addition to Badger Incorporated, Webster County, Iowa;  and Lots  Five, Six, Seven and Eight in Block Eighteen of Second Addition to Duncombe, Incorporated, Webster County, Iowa.  No objections were heard.  Moved by O’Farrell, seconded by Peterson to close said hearing and authorize County Engineer to prepare sale documents to be approved in the near future.  Motion carried unanimously.

 

Moved by Peterson, seconded by Kirkberg to approve employment of David L. Stone, Building Maintenance, at the rate of $7.00 per hour effective October 3, 2000, per recommendation of Richard A. Holst.  Motion carried unanimously.

 

Moved by Kirkberg, seconded by Magnusson to approve medical leave of absence for Jolene M. Daniels effective October 5, 2000.  Motion carried unanimously.

 

Moved by Magnusson, seconded by O’Farrell to approve and authorize Chair to sign Iowa Department of Natural Resources Quarterly Report for Private Water Well Grant funding, Quarter Ending September 30, 2000.  Motion carried unanimously.

 

Moved by O’Farrell, seconded by Peterson to approve assignment of the following tax sale for the amount of taxes ($123.00) to Duane Smith and Eileen Smith life estate for vacated railroad in the Southwest Quarter of the Southeast Quarter of Section 13, Township 86, Range 29, tax sale certificate #92097, parcel # 00500-0000015001.  Motion carried unanimously.

 

Moved by Peterson, seconded by Kirkberg to receive and place on file Central Iowa Juvenile Detention Center Fiscal Year 2000 Financial and Audit Report.  Motion carried unanimously.

 

Moved by Kirkberg, seconded by Magnusson to receive and place on file quarterly Report of Veteran Affairs Commission for period ending September 30, 2000.  Motion carried unanimously.

 

At 10:15a.m.a Public Hearing to consider amending Zoning Ordinance 024 and the Comprehensive Plan and Future Land Use Map from Agricultural (A-1) to Agricultural (A-2) for a parcel of land in the Northeast Quarter of the Southwest Quarter of Section 9, Township 90 North, Range 29 West of the 5th P.M., Webster County, Iowa.  No objections were heard.  Lyle Kelley and his family spoke of their need to have this parcel rezoned.  Moved by Magnusson, seconded by O’Farrell to approve first consideration of said rezoning and to set 10:30a.m on November 1, 2000 as the time and date for final hearing on the same.  Roll call:  Ayes – Kirkberg, Magnusson, O’Farrell, Peterson and Martin.  Nays – none.  Motion carried unanimously.

 

At 10:30a.m. Public Hearing on the final consideration of Ordinance 031; Ordinance Establishing the Area Service “C” Road Classification in Webster County, Iowa.  No objections or comments were heard.  Moved by O’Farrell, seconded by Peterson to approve final consideration and adopt the following Ordinance:

 

WEBSTER COUNTY ORDINANCE #031

AREA SERVICE “C” ROAD MAINTENANCE ORDINANCE

 

 

Title:  An Ordinance Establishing the Area Service “C” Road Classification in Webster

County, Iowa.

 

Be It Enacted by the Board of Supervisors, Webster County, Iowa:

 

Section l.  PURPOSE

 

The purpose of this ordinance is to classify certain roads on the area service system in the county as Area Service roads so as to provide for a reduced level of maintenance effort and restricted access, pursuant to Iowa Code Section 309.57.

 

Section 2.  DEFINITIONS

 

For use in this ordinance, certain terms or words used herein shall be interpreted or defined as follows:

 

            1.  “Area Service System” include those public roads outside of municipalities not other-

                 wise classified.

 

                 a.    “Area Service System “A” roads shall be maintained in conformance with

                        applicable state statutes.

 

                 b.    “Area Service System “C” roads shall not require standards maintenance equal

                        to farm to market, or area service system A roads.  Area Service System

                        C roads shall not mean what is construed in the normal sense as a driveway or

                        private lane to a farm building or dwelling.

 

            2.  “Board” shall mean the Board of Supervisors of Webster County.

 

            3.  “Engineer” shall mean the County Engineer of Webster County.

 

            4.  “County” shall mean Webster County.

 

Section 3: HOW ESTABLISHED

 

A.        RESOLUTION:  Roads may only be classified as Area Service “C” by resolution of the

            Board upon petition signed by all landowners adjoining the road.  The resolution shall

            specify the level of maintenance effort and the persons who will have access rights to

            the road.

 

B.         NOTICE OF ACTION: Before the Board may take action on a petition to establish an

            Area Service “C” road, a notice of the proposed action, including the location of the Area

            Service “C” road and the time and place of the meeting at which the Board proposes to

            take action on the petition, shall be published as provided by law.

 

C.        BOARD ACTION: At the meeting, the Board shall receive oral or written comments from

            any resident or property owner of the county. 

 

            After all comments have been received and considered, the Board, at that meeting or

            date to which it is adjourned, may take action on the petition after consultation with the

            County Engineer.

 

Section 4.  ACCESS

 

Access to any Area Service “C” road shall be restricted by means of a gate or other barrier, as determined by the County Engineer.  The gate shall be purchased and installed by the County, and maintained by the adjoining landowners.  If not so maintained, the County may remove the gate.

 

Section 5.  SIGNS

 

Area Service “C” roads shall have signs conforming to the Iowa Signing Manual Per 761 Iowa Administrative Code (IAC) Chapter 130.  The signs shall be installed and maintained by the County at all access points to the Area Service “C” roads from other public roads to warn the public that access is limited.

 

Section 6.  TREPASS

 

Entering an Area Service “C” road without justification after being notified or requested to abstain from entering or to remove or vacate the road by any person lawfully allowed access shall be a trespass as defined in Iowa Code Section 716.7.

 

Section 7.  RECLASSIFICATION

 

A road with an Area Service “C” classification shall retain the classification until such time as a petition for reclassification is submitted to the Board.  The petition shall be signed by one or more adjoining landowners.  The Board shall approve or deny the request for reclassification within 60 days of receipt of the petition.

 

Section 8.  POWERS OF THE BOARD

 

All jurisdiction and control over Area Service “C” roads shall rest with the Board, pursuant to the Iowa Code Section 309.57.

 

Section 9.  EXEMPTION FROM LIABILITY

 

As provided in Iowa Code Section 309.57, the County and officers, agents and employees of the County are not liable for injury to any person or for damage to any vehicle or equipment which occurs approximately as a result of the maintenance of a road which is classified as Area Service “C”, if the road has been maintained to the level of maintenance effort described in the establishing resolution.

 

Section 10.  REPEALED

 

All ordinances of parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.

 

Section 11.  SEVERABILITY CLAUSE

 

If any section, provision, or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional.

 

Section 12.  WHEN  EFFECTIVE

 

This ordinance shall be in effect after its final passage, approval and publication, as provided by law.

 

 

First reading: approved   September 5, 2000

                                           (Date)

 

Second reading: waived ______________       approved   September 12, 2000

                                                (Date)                          (Date)

 

Third reading: waived ________________       approved   October 10, 2000

                                                                (Date)                                     (Date)

 

 

                                                                                    S/Emmett L. Martin, Chairperson

                                                                                    Webster County Board of Supervisors

 

                                                                                    S/Eddie Peterson, Supervisor

 

                                                                                    S/Jill Kirkberg, Supervisor

 

                                                                                    S/Floyd A. Magnusson, Supervisor

 

                                                                                    S/Dennis O’Farrell, Supervisor

 

Roll call: Ayes – Kirkberg, Magnusson, O’Farrell, Peterson and Martin. Nays – none.  Motion carried unanimously.

 

Vicki Gill, Public Health Director and Tammy Varland, North Central Homemakers discussed a possible merge with the Public Health.  The Board requested that the two agencies provide them with a cost analysis.  No action taken.

 

Irene Blair, CPC Administrator and Jim Burr, representing the Mental Health Center discussed a possible loan.  No action taken.

 

Moved by Kirkberg, seconded by O’Farrell to allow claims.  Motion carried unanimously.

 

Moved and seconded the meeting adjourned.