Minutes - 4/10/2001

APRIL 10, 2001THIRTY-NINTH MEETING OF THE BOARD OF SUPERVISORS
The Board of Supervisors met on Tuesday, April 10, 2001 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 Clausen second by Welte to approve the Board minutes of April 3, 2001 as submitted. Carried 5-0.

Motion by Batcheller second by Walish to approve the minutes of the first Executive Session of April 3, 2001 as submitted. Carried 5-0.

Motion by Walish second by Clausen to approve the minutes of the second Executive Session of April 3, 2001 as submitted with an addition to reflect that Mr. Welte was present. Carried 5-0.

The Board approved the separation of Patricia A. Johnson, Manager of Administrative Services, County Attorneys Dept., effective 4-13-01. Resignation. Copy filed.

The Board approved the separation of Lois E. Smith, Payroll Clerk, County Auditor/Recorders Dept., effective 7-25-01. Retirement. Copy filed.

Motion by Walish second by Clausen to approve and authorize the Chairman to sign the authorization to initiate hiring process for a Payroll Clerk, County Auditor/Recorders Dept., per AFSCME Cthouse./pay grade 4: $9.24-$12.10/hr.; and a Manager of Administrative Services, County Attorneys Dept., entry level to be determined. Carried 5-0. Copy filed.

Motion by Batcheller second by Welte to approve the request of retiree, Lois E. Smith, to remain on the Woodbury County health insurance plan at her own expense. Carried 5-0. Copy filed.

Motion by Clausen second by Walish to approve and authorize the Chairman to sign Resolution No. 9480 to set the public hearing and sale of Real Estate Parcel #650790 on April 24, 2001 at 10:15 A.M. Carried 5-0.

RESOLUTION #9480
NOTICE OF PROPERTY SALE
Parcel #650790

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

7900 Smithland, City of
Lots One (1), Two (2), and Three (3) Block Ten (10) City of Smithland

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 24th Day of April, 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 24th Day of April, 2001, 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 $ 710.00 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 10th Day of April, 2001.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

The Board discussed State case expense reimbursement procedure with Rick Pyburn, Tri-State Behavioral Health Association, Inc.

The public hearing for the consideration of an amendment to the Zoning Ordinance to prohibit the erection of billboards along Hwy 75 bypass from the Plymouth County line to Highway 20 was held at 10:15 A.M. The Chairman called on anyone wishing to be heard.

Motion by Batcheller second by Welte to close the public hearing as there was no one present wishing to be heard. Carried 5-0.

Motion by Welte second by Batcheller to approve and receive for signatures a resolution for an amendment to the Woodbury County Zoning Ordinance per recommendation of the Zoning Commission. Carried 5-0.

The public hearing for the consideration of an amendment to the Subdivision Ordinance was held at 10:20 A.M. The Chairman called on anyone wishing to be heard.

Motion by Batcheller second by Walish to close the public hearing as there was no one present wishing to be heard. Carried 5-0.

Motion by Clausen second by Batcheller to approve and receive for signatures a resolution for an amendment to the Woodbury County Subdivision Ordinance per recommendation of the Zoning Commission. Carried 5-0.

The public hearing for the consideration of a rezoning request submitted by the County Engineer, Richard Storm, on behalf of the Secondary Roads Department was held at 10:25 A.M. The Chairman called on anyone wishing to be heard.

Motion by Walish second by Batcheller to close the public hearing as there was no one present wishing to be heard. Carried 5-0.

Motion by Batcheller second by Clausen to approve and receive for signatures a resolution permitting the rezoning request on behalf of Secondary Roads Department per recommendation of the Zoning Commission. Carried 5-0.

Resolution No. 9481

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, Two and Three 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, Two and Three.

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 be recorded in the office of the Woodbury County Recorder.

Dated This 10th Day Of April, 2001.

WOODBURY COUNTY BOARD OF SUPERVISORS

ITEM ONE (1)

Pursuant to Section 335 of the Code of Iowa, 1993, the Woodbury 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:

Replace the definition of Subdivision on page S2 as follows:

The division of a lot, tract, or parcel of land into three or more lots, parcels or other divisions of land by repeated or simultaneous divisions for the purpose or immediate or future sale or transfer or building development. Subdivision procedures shall be required prior to the division of a lot, tract or parcel of land into three or more lots, parcels, or other divisions or land, except Auditors plats and lots of record created prior to the adoption of this ordinance. Two or more divisions of a platted lot in a subdivision shall require full subdivision procedures prior to the split. A parcel or tract forty acres or more may be excluded from subdivision requirements.

ITEM TWO (2)

Pursuant to Section 335 of the Code of Iowa, 1993, the Woodbury 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:

Add the following sentence to the definition of Billboard on page Z3:

No off-premise sign shall be permitted within six hundred sixty feet of the nearest right-of-way line; or beyond six hundred sixty feet if visible from the nearest right-of-way of the following streets: U.S. Highway 75 Bypass between the Plymouth County Line and U.S. Highway 20.

ITEM THREE (3)

Pursuant to Section 335 of the Code of Iowa, 1993, the Woodbury 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 ML-PD (Light Industrial-Planned Development) District for a tract located in part of the SW1/4 Section 1 Rutland Township.

Petitioner is Woodbury County Secondary Roads

Copy filed.

Motion by Batcheller second by Clausen to receive the quotes for maintenance crack sealing of county roads and accept the quote of Sioux Commercial Sweeping per recommendation of the County Engineer. Carried 5-0. Copy filed.

Motion by Clausen second by Batcheller to receive and approve the Secondary Roads Budget for FY 2001-02. Carried 5-0. Copy filed.

Motion by Walish second by Clausen to approve Secondary Roads Five Year Construction Program for FY 2001-06. Carried 5-0. Copy filed.

Bid letting was held for Project L-139273-97, bridge replacement construction project. Bids were as follows:

Joy Dirt, Cushing, IA $200,425.96
Dixon Construction, Correctionville, IA $210,685.44
Graves Construction, Melvin, IA $224,048.34
Elk Horn Construction, Sergeant Bluff, IA $224,989.12
Anderson Construction, Mapleton, IA $226,792.93

There were no further bids.

Motion by Welte second by Batcheller to receive the bids for Project L-139273-97 and award the bid to Joy Dirt, Cushing, IA, subject to review and recommendation of the County Engineer. Carried 5-0. Copy filed.

Rick Schneider, Conservation Director, discussed the 2001 Weed Destruction Order with the Board.

Motion by Clausen second by Walish to approve and authorize the Chairman to sign a Resolution No. 9482 for the 2001 Weed Destruction Order. Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION NO. 9482

WEED DESTRUCTION ORDER

WHEREAS, it is the responsibility of each of Iowa Countys Board of Supervisors to enforce the provisions of Chapter 317 of the Code of Iowa as amended with regard to the destruction of weeds, and

WHEREAS, under Chapter 317 of the Code of Iowa as amended each county Board of Supervisors must prescribe and order a program of weed destruction to be followed by landowners, tenants, and other persons in possession or control of land, and

WHEREAS, it has been determined by the Woodbury County Board of Supervisors that a program of weed destruction for the year 2001 is necessary,

NOW THEREFORE,

BE IT RESOLVED by the Board of Supervisors of Woodbury County, Iowa that each landowner, tenant or other person in possession or control of private land shall on or before the dates stated below, destroy the below-listed noxious weeds on their land by spraying them with a suitable herbicide in a strength sufficient to kill such weeds.

1. May 25, 2001 - for musk, thistle, sow thistle, bull thistle, leafy spurge, perennial pepper grass, sour dock perennial, smooth dock perennial, and sheep sorrel perennial.

2. June 1, 2001 - for Canada thistle, Russian knapweed, buckhorn perennial, wild mustard annual, horse nettle, and teasel biennial.

3. June 10, 2001 - for field bindweed, wild carrot biennial, and quack grass.

4. June 15, 2001 - for butterprint annual, puncture vine annual, and cocklebur annual.

5. July 15, 2001 - for wild sunflower annual and poison hemlock.

6. September 15, 2001 - all thistles in the rosette stage.

BE IT FURTHER RESOLVED AND ORDERED that all weeds on county trunk and local roads and between the fence lines of such roads, whether they be noxious weeds or other weeds, shall be cut or otherwise destroyed, to prevent seed production, by the owner of the land adjoining the road on or before June 25, 2001.

BE IT FURTHER RESOLVED that weeds that are not destroyed in compliance with the above order may be destroyed by the Weed Commissioner, and the costs of destruction by the Weed Commissioner, including the cost of serving notice, plus a penalty of twenty-five percent of total costs shall be assessed against the property upon which the weeds were destroyed, in the case of private lands, or against the adjoining land, in the case of weeds on county roads.

SO RESOLVED this 10TH day of April, 2001.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

John Rusch and the Board discussed the 28E Agreement between Woodbury County Information and Communication Commission (WCICC) and the City of Sergeant Bluff

Motion by Batcheller second by Clausen to approve the 28E Agreement between Woodbury County Information and Communication Commission (WCICC) and the City of Sergeant Bluff. Carried 5-0. Copy filed.

The Chairman asked if there were any individual or group wishing to make a presentation of items not on the agenda or Supervisors concerns.

Motion by Walish Second by Clausen to authorize the Chairman to sign a letter of support for the grant application submitted to the National Campaign Against Youth Violence by the Siouxland Human Investment Partnership presented by John Calhoun. Carried 4-1, Batcheller opposed. Copy filed.

The Board adjourned the regular meeting until April 17, 2001.