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.

 

OPEN PRAIRIE

ACRES

 

FOREST COVER:

ACRES

Applegate, Mark

5.52

 

Weber, Joan

15.30

Larsen, Lewis

5.80

 

Kahl, Mary

13.50

Law, Genavee

8.50

 

Patz, Laura

8.40

Weiss, Donald (Heirs)

3.00

 

Clarken, Edward

20.30

Sindlinger, Ray

28.00

 

 

 

Patz, Donald

20.80

 

RECREATION LAKES:

 

Olson, Russell

18.10

 

Law, Genavee

1.50

Mitchell, Cecilia

65.81

 

Dodger Sportsman Group

30.00

Dodger Sportsman Group

50.00

 

 

 

McCabe, Leo

7.80

 

RIVER & STREAMS/BANKS:

 

Dischler, Jerry

33.00

 

Doyen, Donald

45.00

Countryman, David W.

40.00

 

Law, Genavee

1.40

Anderson, Viola C.

7.83

 

Patz, Donald

8.00

Deal, James

5.80

 

Hoover, Calvin G.

8.00

Deal, Alan M. & Jan

2.50

 

Cooper, Dennis

10.00

 

 

 

Enge, Roy F. & Mary 3.

9.70

NATIVE PRAIRIE:

 

 

 

 

Jordison, Betty

3

 

 

 

 

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.

 

WILDLIFE HABITAT:

ACRES

Weiss, Norman D.

1.00

Wilkinson, Anna Lf.Est

2.00

Martinson, Gordon, Etal

1.00

Meyers, Clifford B.

1.00

Wooters, Shirley

1.30

Jordison, Ray V.

2.00

Rohden, Ron

1.00

Clark, Conrad

2.00

 

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 27th 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 27th 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.