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 250th 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 250th Street; thence East approximately 1.2 miles on 250th 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 13th 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 340th 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 5th P.M., Webster County, Iowa. (Property to rezone located at 2097 and 2099 250th 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 160th 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 5th 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 5th 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 5th 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 5th P.M., Webster County, Iowa.  (PB#90056).

 

Northwest Quarter of the Northwest Quarter of Section Thirteen, Township 87 North, Range 28 West of the 5th 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 13th 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.