Minutes - 8/22/2000

AUGUST 22, 2000 SEVENTH MEETING OF THE BOARD OF SUPERVISORS
The Board of Supervisors met on Tuesday, August 22, 2000 at 9:00 A.M. Board members present were Boykin, Clausen, Batcheller, Walish and Welte. Staff members present were Karen James, Board Administrative Coordinator, Patrick F. Gill, Auditor/Clerk to the Board, and John Rusch, Board Legal Counsel.

The Claims were approved as presented. Copy filed.

Meeting called to order.

Motion by Batcheller second by Welte to approve the regular Board Minutes of August 15, 2000 as submitted with an amendment to reflect that the August 2, 2000 meeting was a special meeting. Carried 4-0, Walish abstained.

Motion by Welte second by Clausen to approve the Board Minutes of the executive session held on August 15, 2000 as submitted. Carried 4-0, Walish abstained.

The Board approved the appointment of Jason D. Bunch, Correctional Officer, County Sheriff, @$11.90/hr., effective 8-23-00. Job Vacancy Posted: 7-12-00. Entry Level Salary: $11.90/hr. Copy filed.

Motion by Clausen second by Batcheller to authorize the Chairman to sign Resolution No. 9323 setting the public hearing for sale of Real Estate Parcel #096735 on September 5, 2000 at 10:15 A.M. Carried 5-0.

RESOLUTION # 9323

NOTICE OF PROPERTY SALE

Parcel #096735

WHEREAS Woodbury County, Iowa was the owner under a tax deed of a certain parcel of real estate described as:

The North 6.55 feet of Lot Eight (8) in Block Eleven (11) of Cheneys Addition to City of Sioux City, Woodbury County, Iowa (a.k.a 1418 S. Royce Street)

NOW THEREFORE,

BE IT RESOLVED by the Board of Supervisors of Woodbury County, Iowa as follows:

1. That a public hearing on the aforesaid proposal shall be held on
the 5th day of September, 2000, at 10:15 o'clock a.m. in the meeting
room of the Board of Supervisors on the first floor of the Woodbury
County Courthouse.

2. That said Board proposes to sell the said parcel of real estate at a
public auction to be held on the 5th day of September, 2000, immediately
following the closing of the public hearing.

3. That said Board proposes to sell the said real estate to the highest
bidder at or above a total minimum bid of $140.00 plus recording
fees.

4. That this resolution, preceded by the caption 'Notice of Property Sale'
and except for this subparagraph 4 be published as notice of the
aforesaid proposal, hearing and sale.

Dated this 22nd day of August, 2000.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

The Board discussed funding of library books for the law library.

Motion by Welte second by Clausen to pay the additional expenses for the law library from fiscal year ending 2001. Carried 5-0.

Motion by Batcheller second by Clausen to approve and authorize the Chairman to sign Resolution No. 9324 approving a Chapter 28E Agreement and the 28E agreement with the City of Sioux City concerning jurisdiction of portions of the Whispering Hills Development area. Carried 5-0.

WOODBURY COUNTY, IOWA

RESOLUTION # 9324

WHEREAS, the City of Sioux City, Iowa, and Woodbury County, Iowa have agreed to work together in the spirit of cooperation in developing each others interests; and

WHEREAS, the City of Sioux City, Iowa, and Woodbury County, Iowa, desire to encourage development within their joint sphere of influence in order to increase the tax base; and

WHEREAS, the City of Sioux City, Iowa desires Woodbury County, Iowa to waive its jurisdiction over the approval of the subdivision plats in portions of the area lying east of the City limits, south of Gordon Dr./Hwy 20, north of Morningside Ave./Hwy 982, and west of Buchanan Ave. (more particularly described on the attached 28E Agreement).

WHEREAS, a 28E Agreement between the City of Sioux City, Iowa, and Woodbury County, Iowa is attached hereto and by this reference made a part hereof, and should be approved.

NOW, THEREFORE, BE IT RESOLVED, that the Woodbury County Board of Supervisors hereby approves the attached Chapter 28E Agreement with the City of Sioux City, Iowa, for the waiver of jurisdiction over the subdivision plats pursuant to Section 354.9 (2), Code of Iowa, of the real property described in such Agreement.

SO RESOLVED this 22nd day of August, 2000.

WOODBURY COUNTY BOARD OF SUPERVISORS

28E AGREEMENT FOR DEVELOPMENTAL SERVICES

This Agreement is made on August 22, 2000 by and between the City of Sioux City, Iowa, an Iowa Municipal Corporation (hereinafter City) and the County of Woodbury in the State of Iowa (hereinafter County).

WHEREAS, City and County have agreed to work together in the spirit of cooperation in developing each others interests; and

WHEREAS, City and County desire to encourage development within their joint sphere of influence in order to increase the tax base.
NOW, THEREFORE, in consideration of the mutual benefits to each party and for other good and valuable consideration, the Parties agree as follows:

I. CITY OBLIGATIONS

City shall:

1. Annex the property generally shown in Exhibit A as soon as possible. Involuntary annexations are subject to City Development Board approval.

2. Will assume the Countys liability for damages, which may arise due to Countys waiver of its jurisdiction over subdivision regulation and approval, building permits, and construction inspection.

3. City will be responsible for issuing of building permits and construction inspection under the provisions of the Municipal Code.

II. COUNTY OBLIGATIONS

County shall:

1. Cooperate with the City in the annexation of the property described in the attached Exhibit A.

2. Waive its jurisdiction over the approval of the subdivision of the property described in the attached Exhibit B1 and B2 pursuant to Section 354.9 (2), Code of Iowa.

3. Waive jurisdiction in favor of the City over building codes, building permits, and construction inspection.

III. OTHER PROVISIONS

1. This Agreement shall be administered by the City Council of the City.

2. This Agreement is entered into pursuant to the authority of Chapter 28E of the Code of Iowa, as amended.

3. No separate administrative entity or organization shall be created by this Agreement.

4. The purpose of this Agreement is to achieve the goals and objectives set forth in the preamble hereof.

5. This Agreement shall be terminated on the happening of either the determination that all of the transactions contemplated have been completed or by the mutual agreement of both parties in writing.

6. Time is of the essence in this Agreement.

7. All notices to be given by either party to the other shall be in writing and deemed to have been given when delivered personally or when deposited in the United States mail, addressed as follows:

To the County: Woodbury County, Iowa
ATTN: County Administrator
_______________________
Sioux City, Iowa, 51101

To the City: City of Sioux City, Iowa
ATTN: City Manager
P. O. Box 447
405 Sixth Street
Sioux City, Iowa, 51102
8. This Agreement shall become effective upon its filing with the Iowa Secretary of State and recording with the Woodbury County Auditor as provided in Section 28E.8, Code of Iowa.

9. Each party shall have the right to seek performance of this Agreement by the other party in the District Court of Woodbury County, Iowa.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date first above written.

Copy filed.

The public hearing for Winnebago Tribe of Nebraska rezoning request was held at 10:15 A.M.

There was no one present to be heard.

Motion by Clausen second by Welte to close the public hearing. Carried 5-0.

Motion by Walish second by Clausen to authorize the Chairman to sign a resolution approving the Winnebago Tribe of Nebraskas rezoning request per recommendation of the Zoning Commission. Carried 5-0.

Resolution No. 9325

WHEREAS the Board of Supervisors of Woodbury County, Iowa, has enacted a Zoning and Subdivision Ordinance on January 23, 1971, by Resolution No. 5714, being recorded in the Office of the Woodbury County Recorder, in Book 1263, page 9; and

WHEREAS the Board of Supervisors has received a report in respect to amending said Ordinance from the Woodbury County Zoning Commission which held hearing(s) on said amendment(s), all as by law provided; and which amendment(s) is/are attached hereto marked Item(s) One, and hereby made a part hereof; and

WHEREAS the Woodbury County Board of Supervisors has received said report, studied and considered the same, and has held hearings on said amendment(s), all as by law provided; and

WHEREAS the Woodbury County Board of Supervisors has concluded that the said amendment(s) to the aforesaid Zoning and Subdivision Ordinance should be made;

NOW THEREFORE BE IT RESOLVED by the Woodbury County Board of Supervisors, duly assembled, that the aforesaid Zoning and Subdivision Ordinance is amended as shown on said Item(s) One.

IT IS FURTHER RESOLVED that these amendment(s) to said Ordinance shall be in full force and effect from and after its passage, approval and publication, and that the County Auditor shall cause this Ordinance to be published in the Sioux City Journal and recorded in the office of the Woodbury County Recorder.

Dated this 22nd day of August, 2000.

WOODBURY COUNTY BOARD OF SUPERVISORS

ITEM ONE (1)

Pursuant to Section 33.5 of the Code of Iowa, 1993, the Woodbury County Board of Supervisors will hold a public hearing to amend the Woodbury County Zoning and Subdivision Ordinance and/or Map for the Unincorporated Area of Woodbury County, Iowa, as follows:

Amendment to rezone from the AG (Agricultural) District to the CG-PD (General Commercial-Planned Development) District for the NW1/4NW1/4NW1/4 in Section 34 T86N, R47W of the 5th P.M. in the County of Woodbury State of Iowa.

Petitioner is Winnebago Tribe of Nebraska

Copy filed.

The public hearing for vacation of Section of Garner Avenue in Section 25, T89N, R45W was held at 10:20 A.M.

LeRoy Boggs, Carla Boggs, Greg Manker, Ray Ragan appeared to speak against vacation. Wes Roeschke appeared to speak in favor for the vacation. Mr. Boggs presented a petition containing sixteen names opposed to the vacation and asking to upgrade the road to an all season road. The petition is on file in the County Auditors Office.

Motion by Batcheller second by Walish to close the public hearing. Carried 5-0.

Motion by Clausen second by Welte to dismiss the request for vacation. Carried 5-0.

The public hearing for vacation of Section of 150th Street in Section 36, T89N, R45W was held at 10:25 A.M.

Pat Phipps, Attorney representing Davis Livestock and Rob Davis appeared to speak in opposition to the request. Ray Ragan appeared to speak in favor of the vacation request.

Motion by Clausen second by Batcheller to close the public hearing. Carried 5-0.

Motion by Clausen second by Welte to dismiss the request for vacation. Carried 5-0.

The public hearing for vacation of Section of Delaware Avenue in Section 28, T88N, R46W was held at 10:30 A.M.

There was no one present to be heard.

Motion by Welte second by Walish to close the public hearing. Carried 5-0.

Motion by Batcheller second by Clausen to approve the request for vacation. Carried 5-0.

The public hearing for vacation of Section of 230th Street in Section 2, T87N, R48W was held at 10:35 A.M.

Rob Ankerstjerne appeared to speak in favor of the vacation request.

Motion by Welte second by Clausen to close the public hearing. Carried 5-0.

Motion by Clausen second by Batcheller to approve the request for vacation. Carried 5-0.

The Chairman called for any individual or group wishing to make a presentation of items not on the agenda and Supervisors concerns.

Mr. Walish reported on a trip taken to King County, Washington to view the mental health court system. Mr. Welte asked for time on the agenda next week for a Decat report and expressed a concern about the open meetings law and the trip scheduled for a tour of secondary roads project.

Motion by Batcheller second by Clausen to go into Executive Session #1 per Iowa Code 20.l7(3). Carried 5-0 on a roll call vote.

Motion by Batcheller second by Clausen to go out of Executive Session #1. Carried 5-0 on a roll call vote.

Motion by Clausen second by Batcheller to go into Executive Session #2 per Iowa Code 21.5(c). Carried 5-0 on a roll call vote.

Motion by Welte second by Clausen to go out of Executive Session #2. Carried 5-0 on roll call vote.

The Board of Supervisors toured Secondary Roads projects and facilities.

The Board adjourned the regular meeting until August 29, 2000.