Regular Meeting

March 25, 2003


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


Moved by Condon, seconded by Gill to approve minutes of March 18, 2003 meeting.  Motion carried unanimously.


Moved by Condon, seconded by Gill to receive and place on file the following Drainage Repairs:  D.D.#199, D.D. 193 East Main and D.D.#270.  Motion carried unanimously.


Moved by Gill, seconded by Nolting to approve and authorize Chair to sign the following findings and decision in the matter of Drainage District No. 96, Webster County, Iowa




                The evidence presented by the Applicant/Trustees establishes that there currently exist three separate rock obstructions in the stream bed of Prairie Creek on the Hoover land, and that said obstructions are above the desired flow gradient for the stream.  The Applicant’s Engineer’s report and testimony further establishes that said obstructions are reducing the flow rate in the main Drainage District 96 ditch, and causing silt to accumulate both behind the obstructions and back upstream.


                The Board finds that the clean-out on the Hoover land requested by the Applicant is reasonable and will be beneficial for agricultural purposes while causing minimal damage to the Hoover land.




                After separate consideration of the items set forth in Iowa Code §468.606, the Board makes the following decision:


1.         The Trustees of Webster County Drainage District 96 are authorized to enter upon the land of Randy and Rhonda Hoover to remove obstructions in Prairie Creek, subject to the conditions set forth in paragraph 2 through 7 below.


2.         The point of entrance and exit on the Hoover land shall be from the Hoover’s driveway off of Nelson Avenue and then southerly in a direct route to the north bank of Prairie Creek.


3.         The size character and depth of the excavation shall be as set forth on page 2 of Mr. Rossow’s report dated December 18, 2002, so as to remove the three stream obstructions above the desire flow gradient.


4.         The excavation shall not occur until at least July 2003, and then not unless Mr. Rossow certifies that the condition of the soil is dry enough so as not to cause permanent damage thereto from the excavation machinery.  All spoil shall be placed at such points along the Creek on the Hoover land as approved by the Hoovers.  Failing such approval, the spoil shall be transported and deposited back on the Drainage District easement upstream. 


5.         The Applicant shall not be granted any authority to go on to the Hoover land after the completion of the excavation.  Any future repair to the excavation work will need to be agreed to by the parties, or again submitted to the Board of Supervisors.


6.         The Hoovers do not request a specific amount of damages in their written claim; nor did Mr. Hoover identify or present any evidence of specific damage that will result from the removal of the obstructions on his land.  The Hoovers shall not be awarded any compensation because of the work authorized above, as the Board feels there will be no permanent damages as a result thereof.  The Applicant is solely responsible to restore any surface disturbance on the Hoover land that is caused by the excavation and removal of the silt/rocks.


7.         Prior to initiating the work, the Applicant shall procure all necessary state and federal permits as may be required to complete the removal of the stream obstructions.


                These Findings and Decision shall be filed with the Auditor by the Drainage Clerk as required by Iowa Code §468.607.  The Auditor shall record same (and all related documents) in the official record of the Board.  The Auditor shall further cause these Findings and Decision to be recorded with the Recorder as directed by said Code section.


Dated this 25th day of March, 2003.


S/Eddie Peterson, Chairman

Webster County Board of Supervisors


Ayes: Peterson, Condon, Gill and Nolting.  Magnusson abstained.  Motion carried.


Moved by Nolting, seconded by Magnusson to receive and place on file Certificate of Organization for Webster County Agricultural Extension District.  Copy on file in Auditor’s office.  Motion carried unanimously.


Moved by Magnusson, seconded by Condon to approve Beer Permit Renewal Application for Lakeside Municipal Golf Course.  Motion carried unanimously.


Moved by Condon, seconded by Gill to approve Cigarette Permit for Back To Basics Country Store.  Motion carried unanimously.


Moved by Gill, seconded Nolting to approve the following bonds for septic tank installations:  Phil Hood Excavating, Robert D. Box, and Al Price Trucking, Inc.  Copies on file in Auditor’s office.  Motion carried unanimously.


Moved by Notling, seconded by Magnusson to approve and authorize Chair to sign contract and bond with All Iowa Contracting for pavement marking in the amount of $65,974.00.  Copy on file in Engineer’s office.  Motion carried unanimously.


At 10:30a.m. Public Hearing was held on Mental Health, Mental Retardation and Developmental Disabilities Management Plan, Strategic Plan.  Irene Blair, CPC Administrator outlined the proposed Webster County Strategic Action Plan, Fiscal Years 2004, 2005 and 2006.  No comments or objections being heard, it was moved by Magnusson, seconded by Condon to approve said Webster County Strategic Action Plan.  (Copy on file in Auditor’s office).  Motion carried unanimously. 


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


Moved and seconded the meeting adjourned.