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Monday, February 22, 2010 - Tuesday, February 23, 2010

COUNTY BOARD MINUTES

FEBRUARY 22 & 23, 2010

 

The Board convened on Monday, February 22, 2010 with all members present:  Boge, Holthaus, Andersen and Pickar.  Absent:  Mattke.  The meeting was called to order by Chairman Boge. Mail was opened and distributed.   Also present was a member from the news media.

 

Motion by Holthaus, Seconded by Andersen to approve agenda for February 22 & 23, 2010.  All Ayes. Motion Carried.

 

Motion by Pickar, Seconded by Holthaus to approve board minutes of February 15, 16, & 18, 2010. All Ayes.  Motion Carried.

 

Marty Larsen, Sheriff met with the Board for the approval of scheduled part-time dispatcher.

 

Motion by Pickar, Seconded by Holthaus to approve Eric Garman as scheduled part-time dispatcher at $12.95 per hour as per union contract effective February 18, 2010. Roll Call:  All Ayes. Motion Carried.

 

County Engineer Dusten Rolando met with the Board to discuss road departmental activities. Topics included: maintenance and services of vehicles, survey work at Grove’s Bridge, etc.

 

Discussion on the purchase of filter crusher for the secondary road department.  Two quotes: A & K-Electric crusher $4500.00; Air over hydraulic crusher $2800.00; Mutual Wheel, Waterloo-Electric crusher   $6454.68; Air over hydraulic crusher $3948.71; and NAPA- Air over hydraulic crusher $3000.00.    The electric cost is $4500.00 and can crush in 20 seconds and the Air over Hydraulic cost is $2800.00 and can crush the filters at the rate of one and half minutes.   Discussion followed.

 

Motion by Holthaus, Seconded by Pickar to purchase an electric over hydraulic crusher in the amount of $4500.00 from A & K.    Roll Call:  All Ayes. Motion Carried.

 

Discussion on the V-56 (Union Avenue) from Iowa Highway 24 to the B-16 (100th Street) project.

 

It is the consensus of the Board to follow the recommendation of the County Engineer on the V-56(Union Avenue) from Iowa Highway 24 to the B-16 (100th Street) project as originally submitted to the Department of Transportation.

 

Sheila Kobliska, CPC met with the Board for an On-Call update. The On-call will become effective on May 1, 2010. 

 

Motion by Andersen, Seconded by Pickar to adjourn the meeting at Noon. Roll Call: All Ayes. Motion Carried.

 

The Board convened on Tuesday, February 23, 2010 with all members present:   Boge, Holthaus, Andersen, Mattke, and Pickar.  The meeting was called to order by Chairman Boge. Mail was opened and distributed.   Also present was a member from the news media.

Motion by Mattke, Seconded by Holthaus to approve Resolution for Interfund Operating Transfers. Roll Call:  All Ayes. Motion Carried.  RESOLUTION NO. 02-23-10-07: WHEREAS, it is desired to authorize the County Auditor to transfer funds from the General Basic Fund to the Land Acquisition Fund to finalize the acquisition of the Kennedy property from the Iowa National Heritage Foundation during the fiscal year 2009-2010 budget year, and WHEREAS, said transfer must be in accordance with Section 331.432, Code of Iowa, and NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Chickasaw County, Iowa, as follows: 1.  The total transfer from the General Basic Fund to the Land Acquisition Fund for the finalization of the acquisition of the Kennedy property from the Iowa National Heritage Foundation is $50,000.00. 2.  That the amount of said transfer shall not exceed the available fund balance in the transferring fund. 3. The Chickasaw County Conservation Board and/or Chickasaw County will be the recipient of $50,000.00 from the Department of Natural Resources through their N.A.W.C.A. Fund.  When the $50,000.00 is received by the Conservation Board and/or Chickasaw County, those sums shall be deposited in the General Basic Fund. 4.  The Auditor is directed to correct her books when said operating transfers are made and notify the Treasurer of the amounts of said transfer.  PASSED, APPROVED, and adopted this 23rd day of February, 2010, the vote thereon being as follows: AYES: /ss/ Arnie J. Boge, Chairman, Chickasaw County Board of Supervisors, Virgil M. Pickar Jr., Rick Holthaus, John Andersen, Sherry Mattke.  NAYS: None.  ATTEST: /ss/ Joan E. Knoll, Auditor.

 

Motion by Andersen, Seconded by Pickar to open the public hearing at 10.03 AM for the second consideration of the amendments to Subdivision Ordinance VI-3.  Roll Call:  Five Ayes.  Motion Carried.  Those present for the public hearing were: Jill Brincks, Zoning Administrator, and Mark Huegel Assistant County Attorney.  No comments from the public were received. Discussion followed.

 

Motion by Pickar, Seconded by Holthaus to close the public hearing at 10:15AM Roll Call:  Five Ayes. Motion Carried.

 

Motion by Pickar, Seconded by Andersen to approve the second reading and waive the third reading.  Roll Call:  Five Ayes.  Motion Carried.

 

Motion by Andersen, Seconded by Mattke to adopt the amendments to Subdivision Ordinance VI-3.  Roll Call:  Five Ayes.  Motion Carried.

ORDINANCE NUMBER VI-3.1

AN ORDINANCE AMENDING THE TEXT OF THE SUBDIVISION ORDINANCE (ORDINANCE # VI-3, EFFECTIVE DATE OF JULY 1, 2007) OF CHICKASAW COUNTY, IOWA

SECTION 1.   RESCISSION.  This Ordinance rescinds and replaces the current text in Section III, 2, of the Subdivision Ordinance VI-3, as was effective on July 1, 2007.

                        Administrator:  The administrative officer designated or appointed by the Board of Supervisors to administer and enforce the regulations contained in this Ordinance

SECTION 2.   ADOPTION.  This Ordinance adopts in lieu thereof the following text.

Administrator:  The administrative officer designated or appointed by the Board of Supervisors to administer and enforce the regulations contained in this Ordinance. (Zoning Administrator)

SECTION 3.   RESCISSION.  This Ordinance rescinds the current text in Section III, 3, of the Subdivision Ordinance VI-3, as was effective on July 1, 2007.

Agricultural: Of, relating to, used in, or concerned with agriculture.

SECTION 4.   RESCISSION.  This Ordinance rescinds the current text in Section III, 4, of the Subdivision Ordinance VI-3, as was effective on July 1, 2007.

 

Agriculture: The science or art of cultivating the soil, producing crops, and raising livestock and in varying degrees the preparation of these products for man’s use and their disposal.

SECTION 5.   RESCISSION.  This Ordinance rescinds and replaces the current text in Section IV, A, of the Subdivision Ordinance VI-3, as was effective on July 1, 2007.

Application. This Ordinance shall apply to all plats, re-plats, and divisions of land into parcels, any of which are less than thirty-five (35) acres or the aliquot part one-quarter (1/4) of one-quarter (1/4) section, and lying in the unincorporated area of Chickasaw County, Iowa, including the subdivision of land within two (2) miles of any city. Divisions involving agricultural uses, as herein defined, are exempt from the application of this Ordinance. The provisions of this Ordinance shall apply to the division of any lot or parcel of land entered of record in the office of the County Recorder as a single lot or parcel after the effective date of this Ordinance. (Removed)

SECTION 6.   ADOPTION.  This Ordinance adopts in lieu thereof the following text.

Application.  This Ordinance shall apply to all plats, re-plats, and divisions of land into parcels, any of which are less than thirty-five (35) acres or the aliquot part one-quarter (1/4) of one-quarter (1/4) section, and lying in the unincorporated area of Chickasaw County, Iowa, including the subdivision of land within two (2) miles of any city.

SECTION 7.   RESCISSION.  This Ordinance rescinds and replaces the current text in Section V, A. 2. a, of the Subdivision Ordinance VI-3, as was effective on July 1, 2007.

Private Streets. Private streets, not dedicated to and accepted by the County, are allowed. If existing private streets are utilized, they shall be platted as such and be under the control of the subdivision, homeowners association, and/or subdivider.

SECTION 8.   ADOPTION.  This Ordinance adopts in lieu thereof the following text.

Private Streets.  Private streets, not built according to Chickasaw County standards and not dedicated to and accepted by the County, are allowed.  If existing private streets are uti­lized, they shall be platted as such and be under the control of the subdivision, homeowners association, and/or subdivider.

SECTION 9.   RESCISSION.  This Ordinance rescinds and replaces the current text in Section V, D. 1. c. (2), of the Subdivision Ordinance VI-3, as was effective on July 1, 2007.

Asphalt Cement Concrete (ACC) paving with a minimum eight (8) - inch thickness of Type B asphalt cement concrete with a two (2) percent crown measured from the centerline of the street to the gutter or shoulder of the road. The sub-base shall be as follows:

(a) Sub-base course: six (6) inches of rolled stone base.

SECTION 10.ADOPTION.  This Ordinance adopts in lieu thereof the following text.

Hot Mix Asphalt (HMA) paving with a mini­mum eight (8) - inch thickness of Type B hot mix asphalt with a two (2) percent crown measured from the centerline of the street to the gutter or shoulder of the road.  The sub-base shall be as follows:

(a)                Sub-base course:  six (6) inches of rolled stone base.

SECTION 11. RESCISSION.  This Ordinance rescinds and replaces the current text in Section VI, A, of the Subdivision Ordinance VI-3, as was effective on July 1, 2007.

Each proprietor of land wishing to subdivide is required to meet with County Officials, including the office of the: County Engineer, Auditor, Sanitarian, and Recorder before preparing the preliminary plat in order to become familiar with County regulations affecting the territory in which the proposed subdivision lies. A pre-preliminary plat or sketch plan of the general street and lot layout shall be presented to the County at that time, so that the County Officials may review it and alert the developer to any known development constraints that may exist or arise.

SECTION 12.ADOPTION.  This Ordinance adopts in lieu thereof the following text.

PRE-PRELIMINARY PLAN AND CONFERENCE

            Each proprietor of land wishing to subdivide is required to meet with County Officials, including the office of the: Zoning Administrator, County Engineer, Auditor, Sanitarian, and Recorder before preparing the preliminary plat in order to become familiar with County regulations affecting the territory in which the proposed subdivision lies.  A pre-preliminary plat or sketch plan of the general street and lot layout shall be presented to the County at that time, so that the County Officials may review it and alert the developer to any known development constraints that may exist or arise.

SECTION 13. RESCISSION.  This Ordinance rescinds and replaces the current text in Section VIII, A, of the Subdivision Ordinance VI-3, as was effective on July 1, 2007.

If classified as a “minor plat” by the Administrator, twenty (20) copies of the proposed minor subdivision plat shall be prepared and submitted to the Administrator. Said plat shall contain such information as required by this Ordinance or as may be specified by the Administrator.

SECTION 14. ADOPTION.  This Ordinance adopts in lieu thereof the following text.

If classified as a “minor subdivision plat” by the Administrator, one (1) signed original and eleven (11) copies of the proposed minor subdivision plat shall be prepared and submitted to the Administrator.  Said plat shall contain such information as required by this Ordinance or as may be specified by the Adminis­trator.

SECTION 15. RESCISSION.  This Ordinance rescinds and replaces the current text in Section VIII, B, of the Subdivision Ordinance VI-3, as was effective on July 1, 2007.

If the Administrator shall determine that the "Minor Subdivision Plat" contains sufficient data and elements to furnish a basis for review, including those elements required in Sections VII(C) and VII (D) of this Ordinance, then the Administrator shall forward copies of the submitted plat to the Board of Supervisors, County Engineer, County Board of Health, County Auditor, County Assessor, County Attorney and to such other agencies or persons as may be appropriate and necessary. The developer or their agent shall provide one (1) copy of the minor plat to any City within two (2) miles of the subdivision for their comments and recommendations. Minor plat review shall not begin until, or unless, all copies of the final plat and accompanying materials have been submitted.

SECTION 16.ADOPTION.  This Ordinance adopts in lieu thereof the following text.

                        If the Administrator shall determine that the "Minor Subdivision Plat" contains sufficient data and elements to furnish a basis for review, including those elements required in Sections VII(C) and VII (D) of this Ordinance, then the Administrator shall forward copies of the submitted plat to the Board of Supervisors, County Engineer, County Board of Health, County Auditor, County Assessor, County Attorney and to such other agencies or persons as may be appropriate and necessary.  The developer or their agent shall provide one (1) copy of the minor subdivision plat to any City within two (2) miles of the subdivision for their comments and recommendations.  Minor subdivision plat review shall not begin until, or unless, all copies of the final plat and accompanying materials have been submitted.

SECTION 17. RESCISSION.  This Ordinance rescinds and replaces the current text in Section VIII, D, of the Subdivision Ordinance VI-3, as was effective on July 1, 2007.

The Board of Supervisors shall act upon the Minor Plat not more than sixty (60) days after the initial receipt by the Administrator. The Administrator may schedule a public hearing on the subdivision request with the Board of Supervisors, if it is deemed appropriate.

SECTION 18.ADOPTION.  This Ordinance adopts in lieu thereof the following text.

                        The Board of Supervisors shall act upon the Minor Subdivision Plat not more than sixty (60) days after the initial receipt by the Administrator.  The Administrator may schedule a public hearing on the subdivision request with the Board of Supervisors, if it is deemed appropriate.

SECTION 19. RESCISSION.  This Ordinance rescinds and replaces the current text in Section VIII, F, of the Subdivision Ordinance VI-3, as was effective on July 1, 2007.

The passage of a resolution by the Board of Supervisors accepting the plat shall constitute final approval for the area shown on the Minor Plat. The proprietor shall cause such plat to be recorded as required by Chapter 354, Code of Iowa, before the County shall recognize the plat as being in full force and effect. The proprietor shall record the plat within sixty (60) days after Board approval and shall be responsible for all recording costs. In addition, eight (8) copies of the approved Minor Plat and adopting resolution as well as one (1) copy of the completed plat proceedings with restrictive covenants shall be submitted to the Administrator by the proprietor.  (Removed)

SECTION 20. ADOPTION.  This Ordinance adopts in lieu thereof the following text.

The passage of a resolution by the Board of Supervisors accepting the plat shall constitute final approval for the area shown on the Minor Subdivision Plat.  The proprietor shall cause such plat to be recorded as required by Chapter 354, Code of Iowa, before the County shall recognize the plat as being in full force and effect.  The proprietor shall record the plat within thirty (30) days after Board approval and shall be responsible for all recording costs.

SECTION 21. RESCISSION.  This Ordinance rescinds and replaces the current text in Section VIII, G, of the Subdivision Ordinance VI-3, as was effective on July 1, 2007.

Limitations: This section shall not be applicable to a parcel of land of any size which has previously had a subdivision severed from it since the effective date of this Ordinance. For definition purposes of this section only, a parcel of land shall mean any sized contiguous piece of property under same ownership as shown on the Chickasaw County Auditor''s plat books as of the effective date of this Ordinance.

SECTION 22. ADOPTION.  This Ordinance adopts in lieu thereof the following text.

Limitations: This section shall not be applicable to a parcel of land of any size which has previously had a subdivision severed from it since the effective date of this Ordinance.  For definition pur­poses of this section only, a parcel of land shall mean any sized contiguous piece of property in a section of land, as defined by the US Public Land Survey System, (PLSS) under same ownership as shown on the Chickasaw County Auditor''s plat books as of the effective date of this Ordinance.

SECTION 23.             INTEGRATION WITH CODE.  Each section, provision or part of this Ordinance which is followed by a section number shall be inserted in the Chickasaw County Subdivision Ordinance (Ordinance #VI-3, effective on July 1, 2007) as indicated by said section number and hereafter shall be cited by reference to said section number.

SECTION 24. REPEALER.  All ordinances and resolutions, parts thereof or amendments thereto, in conflict with this Ordinance are hereby repealed.

SECTION 25. SEVERABILITY OF REPEALER.  All ordinances and resolutions, parts thereof or amendments thereto, not directly affected by this Ordinance shall remain in full force and effect.

SECTION 26. SEVERABILITY.  If any section, provision, or part of this ordinance shall be adjudged invalid or unconstitutional, such section, provision, or part shall be severable from the rest of the Ordinance, and such adjudication shall not affect the validity of the ordinance as a whole, or any section, provision, or part not adjudged invalid or unconstitutional.

SECTION 27. EFFECTIVE DATE.  This Ordinance shall be in full force and effect after its final passage and publication as provided by law.

FINAL PASSAGE AND ADOPTION this 23rd day of February, 2010.

/ss/ Arnold J. Boge, Chair, Chickasaw County Board of Supervisors Attest: /ss/Joan E. Knoll, Auditor

Bill Bonnes with Community Care and Tori Reicherts met with the Board for a Heritage Residence informational update.

 

The Board received and filed IDNR Manure Management Annual Update for Tim Denner (ID#64312) in Section 21 of Stapleton Township located 2295 Union Ave., Lawler, IA 50630.

 

 

Motion by Andersen, Seconded by Pickar to adjourn the meeting at 12:10 PM.  Roll Call:  All Ayes.  Motion Carried.

 

 

                                                                

 ____________________________________

                                                                        Arnie J. Boge, Chairman

                                                                        Board of Supervisors

 

 

ATTEST:

 

 

 

_______________________________________

Joan E. Knoll, Auditor

 

 

 

 

 

 

 

 
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