Regular Meeting

December 11, 2007

The Board of Supervisor met in Session on the above date with the following members present: Condon, Dencklau, Lizer, Motl and Nolting.   Absent:  None.

Moved by Lizer, seconded by Condon to approve minutes of December 4, 2007, regular meeting.  Motion carried unanimously.

Moved by Condon, seconded by Dencklau to receive and place on file the following Drainage Repairs:  D.D.#59 Webster & #4 Humboldt; D.D.#247 Webster & #7 Humboldt, Lateral 1; D.D.#2 and D.D.#76.  Motion carried unanimously.

Moved by Dencklau, seconded by Motl to approve employment of Geoff Miller, Deputy Sheriff, salary of $36,509.73, effective December 17, 2007.  Motion carried unanimously.

Moved by Motl, seconded by Lizer to receive and place on file Manure Management Plan Updates for Doug Seltz, Section 33, Deer Creek Township; and RGT Carlson, Inc., Section 26, Gowrie Township.  (Copies on file in Engineer’s office).  Motion carried unanimously.

Moved by Lizer, seconded by Condon to approve bond of Russ’ Construction for septic/sewer installation.  Motion carried unanimously.

Moved by Condon, seconded by Dencklau to receive and place on file Planning and Zoning Commission’s Report and set 10:30a.m. on January 8,  2008, as the time and date for public hearing on the first consideration to amend the Comprehensive Land Use Plan and Zoning Ordinance 024 to rezone from A-l to A-2 a tract in the Northwest Corner of Northeast Quarter of Southeast Quarter and a tract in the Northeast Corner of Northwest Quarter of the Southeast Quarter, all in Section 19, Township 88, Range 30.   Motion carried unanimously.

Moved by Dencklau, seconded by Motl to approve and authorize Chair to sign the following Resolution:

RESOLUTION

Pertaining to the use of the Secondary Roads in Webster County, Iowa RAGBRAI and by cyclist in general.

WHEREAS, the Register’s Annual Great Bike Ride Across Iowa (RAGBRAI) is a unique event that draws thousands of visitors to Iowa annually and promotes Iowa tourism; and

WHEREAS, biking in general is an excellent form of exercise enjoyed by millions of Americans, as well as a pollution-free form of transportation that should be encouraged; and

WHEREAS, secondary roads in Iowa are not designed or maintained to meet any specific standards related to bicycle travel; and

WHEREAS, the recent lawsuit against Crawford County involving the death of a RAGBRAI participant demonstrates the need to address the use of the county secondary road system by RAGBRAI and by cyclist in general; and

WHEREAS, the current situation has created an unacceptable exposure to future bicycle-related lawsuits against this County;

NOW THEREFORE, be it resolved by the Board of Supervisors that they respectfully request that the Iowa Legislature address this issue in 2008 on a statewide basis so that the Board of Supervisors does not have to act at the local level to regulate the use by cyclists of secondary roads under the jurisdiction of the County. 

Approved this 11th day of December, 2007

WEBSTER COUNTY BOARD OF SUPERVISORS

S/Greg Nolting, Chair

ATTEST:

S/Carol Messerly

County Auditor

Motion carried unanimously.

Moved by Motl, seconded by Lizer to adopt the following resolution: 

 

RESOLUTION TO VACATE ROAD AND

REVERSION FOR TAXATION PURPOSES

Resolution to vacate the following described parcels of Webster County Right of Way:

Parcel No. 1

             All that part of Webster County Road P-59 right of way located along the West line of the Northwest Quarter of Section 27, Township 90 North, Range 28 West of the Fifth Principal Meridian, Webster County, Iowa, abandoned by relocation of a portion of said P-59, and more particularly described as; Commencing at the Northwest Corner of Section 27, Township 90 North, Range 28 West of the Fifth Principal Meridian, Webster County, Iowa; thence South 00°00’00” West 45.0 feet along the West line of the Northwest Quarter of said Section 27 to a point on the South right of way line of a county road, said point being the Point of Beginning; thence continuing South 00°00’00” East 1,404.24 feet to a point on the Northerly right of way line of that portion of the relocated Webster County Road P-59 described in instrument 2006-2510 in the Webster County Recorders Office; thence  South 23°26’50” East 113.90 feet along said Northerly right of way line to a point on a 445.74 foot radius curve, concave East and not tangent to the preceding course; thence Northerly 16.77 feet along said curve, subtended by a 16.77 foot chord bearing North 01°05’35” West to the Point of Tangency on the East right of way line of the abandoned portion of said Road P-59; thence North 00°00’00” West 1,316.80 feet parallel with and 45.0 feet normal distance East of the West line of said Northwest Quarter, to a point on the South right of way line of a county road; thence North 89°38’00” West 45.0 feet to the point of beginning, containing 1.41 acres, more or less. Note: For the purpose of this description the West line of the Northwest Quarter is assumed to bear South 00°00’00” East.

ALSO

Parcel No. 02

            All the part of Webster County Road P-59 right of way located along the East line of the Northeast Quarter of Section 28, Township 90 North, Range 28 West of the Fifth Principal Meridian, Webster County, Iowa, abandoned by relocation of a portion of said P-59, and more particularly described as; Commencing at the Northeast Corner of Section 28, Township 90 North, range 28 West of the Fifth Principal Meridian, Webster County, Iowa; thence South 00°00’00” East 45.0 feet along the East line of the Northeast Quarter of said Section 28 to a point on the South right of way line of a county road being the Point of Beginning; thence continuing South 00°00’00” East 1,295.92 feet; thence South 89°59’29” West 9.06 feet to a point on the Northerly right of way line of that relocated portion of Webster County Road P-59 described in instrument 2006-3725 of the  Webster County Recorder’s Office; thence North 23°26’50” West 90.93 feet to a point on the West right of way line of the abandoned portion of Said Road P-59; thence North 00°00’00” East 926.45 feet along the said West right of way line; thence North 208.48 feet along a 475.90 foot radius curve, concave East and subtended by  a 206.82 foot chord bearing North 12°33’00” West, tangent to the preceding course; thence North 25°06’ 00” West 93.78 feet to the South right of way line of a county road; thence South 89°54’40” East 129.72 feet to the Point of Beginning, containing 1.49 acres, more or less and subject to easements of record.

NOW WHEREAS Webster County has relocated a portion of said Road P-59 and abandoned the above described parcels; and

 WHEREAS Webster County has no further use of above described parcels of right of way and

WHEREAS vacating the above-described parcels would return same parcels to the county tax rolls thereby benefiting the general public.

NOW THEREFORE BE IT RESOLVED, the Webster County Board of Supervisors hereby vacate and close the above described parcels of right of way.

BE IT FURTHER RESOLVED, that the above-described vacated parcels be reverted to the appropriate abutting landowners and added to the Webster County Tax Roll.

Attest:

 S/Carol Messerly, Auditor                                 S/Greg Nolting, Chairperson

 Webster County, Iowa                                        Board of Supervisors,

STATE OF IOWA

WEBSTER COUNTY,

On this 11th day of December A.D., 2007, before me, a Notary Public in and for said county, personally appeared Greg Nolting to me personally known, who by me duly sworn did say that he is the Chairperson of the Board of Supervisors of Webster County, Iowa that the seal affixed to said instrument is the seal of Webster County, Iowa, and that the instrument was signed and sealed on behalf of Webster County, Iowa by  authority of said Board of Supervisors and the said  Greg Nolting acknowledged the execution of said instrument to be the voluntary act and deed of Webster County, Iowa, by it voluntarily executed.

                                                                                                S/Alan Wooters, Notary Public

 Motion carried unanimously.

Moved by Lizer, seconded by Condon to adopt the following resolution:

RESOLUTION TO INITIATE VACATION OF ROAD

RESOLUTION, to initiate vacation of part of the road originally known as the “ Jackson and Deer Creek Road ” now known as Garfield Avenue, being 33.0 feet in width, each side of the Range section line between Section 31, Township 90 North, Range 29 West, Deer Creek Civil Township and Section 36, Township 90 North, Range 30 West, Jackson Civil Township, all West of the Fifth Principal Meridian, Webster County, Iowa.

WHEREAS the abutting land on each side of said road is owned by the same landowner and said land owner has requested vacation of said portion of road right of way, and

WHEREAS said portion of road right of way is a dead end portion of the road and not used by the general public, and

 WHEREAS vacation of said road right of way does not land lock any other landowner, and,

WHEREAS vacating said parcel would return same to the county tax roll thereby benefiting the general public and returning said parcel to productive use,

NOW THEREFORE BE IT RESOLVED, the Webster County Board of Supervisors hereby proposes the vacation of the following described parcel of road easement, to wit:

    All that part of the road originally known as the “Jackson and Deer Creek Road”, now known as Garfield Avenue, lying South of the right of way of the Union Pacific Railroad, being 33.0 feet in width each side of the Range section line between Section 31, Township 90 North, Range29 West, Deer Creek Civil Township, and Section 36, Township 90 North, Range 30 West, Jackson Civil Township, all West of the Fifth Principal Meridian, Webster County, Iowa. Described parcel contains 1.95 acres.

BE IT FURTHER RESOLVED, that a public hearing by the Webster County Board of Supervisors on the proposed vacation of said parcel of road easement be set for   10:30  AM on Tuesday,   JANUARY 22 , 2008, in the Board Room of the Webster County Board of Supervisors, Webster County Courthouse, Fort Dodge, Iowa 50501, and the County Engineer send notice to adjacent Webster County landowners explaining proposed vacation and requesting their comments or claims.

Attest: 

S/Carol Messerly, Auditor                                                 S/Greg Nolting , Chairperson

Webster County, Iowa                                                    Board of Supervisors

Date:  December 11, 2007

 Motion carried unanimously.

The following bids were received for Bridge Replacement Project L-082590—73-94:

            Godbersen-Smith Constructin Company                             $245,993.00

            Midwest Contracting                                                              $206,852.00

            Peterson Contractors Inc.                                                       $218,176.00 

Moved by Condon, seconded by Dencklau to approve and authorize Chair to sign contract documents for Project L-082590—73-94, with Midwest Contracting, LLC, in the amount of $206,852.00, when said contractor returns signed contract along with the acceptable certificate of insurance and performance bond.  Motion carried unanimously.

Children and Families of Iowa discussed FY09 agency funding.  No action taken.

Webster County Ag Association discussed funding.  No action taken. 

Moved by Dencklau, seconded by Motl to allow claims.  Motion carried unanimously.

Moved by Motl, seconded by Lizer the meeting adjourned.  Motion carried unanimously.