Marshall County Board of Supervisors Regular Session, at 9:00 a.m. MINUTES Board Meeting of The Marshall County Board of Supervisors met in regular session on Tuesday,, at 9:00 a.m. in meeting room #2, 3rd Floor, Northeast corner of the courthouse with all 3 members present. 1. Secondary Road-Granular Resurfacing Letting 9:00am Project #1 Division 1-Crushed Stone Only Company Bidding Bid Amount A.)Haul from LeGrand Quarry Juel Truck Line, Inc. $27,172.80 Melbourne, Iowa A.)Haul from LeGrand Quarry Peterson Contractors, Inc. $30, 769.20 Reinbeck, Iowa A.)Haul from LeGrand Quarry Ben Shinn Trucking, Inc. Knoxville, Ia. & RE Allen Trucking, Inc. Bussey, Ia. $30,502.80 Motion by Goecke, second by Grabenbauer to award project No. 1 to Juel Truck Line, Inc., Melbourne, Ia. in the amount of $2.04 per ton and authorize the Chairman to sign the contract and bond. Project #2 Division 2-Crushed Stone Only Company Bidding Bid Amount A.)Haul from Ferguson Quarry Peterson Contractors, Inc. $71,975.04 Reinbeck, Iowa A.)Haul from Ferguson Quarry Ben Shinn Trucking, Inc. Knoxville, Ia. & RE Allen Trucking, Inc. $94,704.00 B.)Furnish, haul and place on road Bussey, Ia. Martin-Marietta Materials Des Moines, Iowa $322,940.64 Motion by Grabenbauer, second by Goecke to award project No. 2 to Peterson Contractor s Inc., Reinbeck, Ia., in the amount of $2.28 per ton and authorize the Chairman to sign the contract and bond.
Project #3 Division 3-Gravel Only Company Bidding Bid Amount Furnish, haul Knife River, Midwest, LLC., $191,166.94 Stratford, IA Motion by Goecke, second by Grabenbauer to award project No. 3 to Knife River Midwest, LLC, Stratford, Ia., in the amount of $8.78 per ton and authorize the Chairman to sign the contract and bond. Project #4 Division 4-Crushed Stone Only Company Bidding Bid Amount A.)Haul only Peterson Contractors, Inc. $32,205.68 from LeGrand Quarry Reinbeck, Iowa A.)Haul only Ben Shinn Trucking, Inc. $39,132.60 From LeGrand Quarry Knoxville, Ia. & RE Allen Trucking, Inc., Bussey, Ia. B.)Furnish, haul and place on Peterson Contractors, Inc. $32,205.68 road from Ferguson Quarry B.)Furnish, haul and place on road from Ferguson Quarry C.)Furnish, haul and place on road from Ferguson Quarry Reinbeck, Iowa Ben Shinn Trucking, Inc. Knoxville, Ia. & RE Allen Trucking, Inc. Bussey, Ia. Martin-Marietta Materials Des Moines, Iowa $39,132.60 $102,104.60 Motion by Grabenbauer, second by Goecke to award project No. 4 to Peterson Contractors, Inc. Reinbeck, Iowa, in the amount of $3.58 per ton hauled from Ferguson Quarry and authorize the Chairman to sign the contract and bond. 2. Consideration to Abolish Iowa Township and Change Township Boundaries-- Public Hearing 9:00am At the public hearing, any resident may present objections to or arguments in favor of the consideration to abolish Iowa Township and change township boundaries. There were 8 written comments, questions, or objections on file in the County Auditor's Office on the consideration to abolish Iowa Township and change township boundaries Of the 52 2
individuals attending the public hearing, 17 individuals presented oral comments, questions or objections. Motion by Grabenbauer, second by Goecke to close the hearing. Roll call vote: Grabenbauer-Aye Brooks-Aye Goecke -Aye Resolution 2009-0014 3. Resolution- To Abolish Iowa Township and Change Township Boundaries RESOLUTION TO ABOLISH IOWA TOWNSHIP AND CHANGE TOWNSHIP BOUNDARIES WHEREAS, Section 359.2 of the 2007 Code of Iowa authorizes the Board of Supervisors to divide the county into townships and to make such alterations in the number and boundaries of the townships as from time to time it may deem proper, and WHEREAS, the system of rectangular surveys was inaugurated in the United States in 1784. Under this system the lands are divided into townships 6 miles square, which are related to the Principal Meridians and Base Lines. This is a uniform and accurate system to locate and describe real estate, and WHEREAS, under the rectangular survey system Marshall County was originally divided into sixteen townships, each being 6 miles square. In the history of this county, the north central portion of the county was divided into irregular political townships which do not conform to the rectangular survey system, resulting in a total of seventeen townships. The political lines were drawn to enable voters to travel to their respective voting precincts without having to cross the Iowa River, and WHEREAS, Section 441.29 of the 2007 Iowa Code allows for the establishment of a permanent real estate numbering system for all real estate geographic information services and tax administration purposes, including the assessment, levying and collection of property taxes. This system describes real estate by township, section, quarter section, block series and parcel. The uniform boundaries set by the rectangular survey system would help facilitate the parcel numbering system, and WHEREAS, in the judgment of the Board of Supervisors, these irregular boundaries have resulted in townships with uneven tax base, contributing to the tax rate being higher in one township than another, and WHEREAS, there is no longer the need to have political township lines to enable voters to avoid having to cross the river to get to their respective voting precincts. NOW THEREFORE BE IT RESOLVED that Iowa Township is dissolved and the lands in Bangor, Liscomb, Marietta and Taylor Townships are redistributed back to the original rectangular survey system. All property in Township 85, Range 19 shall be Bangor Township. All property in Township 85, Range 18 shall be Liscomb Township. All property in Township 84, Range 19 shall be Marietta Township. All property in Township 84, Range 18 shall be Taylor Township. BE IT FURTHER RESOLVED that this change shall become effective as follows: 3
For federal census purposes, these changes are effective January 1, 2010. For the 2011 2012 property taxes, payable 2012-2013 2013-2014 and for election purposes it shall become effective January 15, 2012. Dated at Marshalltown, Iowa this 14 th day of April, 2009. Motion by Grabenbauer, second by Brooks to approve this Resolution. Roll call vote: Grabenbauer-Aye Brooks-Aye Goecke-Nay Board of Supervisors, Chairman Attest: Karen Squiers Marshall County Auditor Consent Agenda: 4. Approve Minutes--from Regular Session of March 31, 2009 5. Manure Management Update P-295, id no. 65971, annual update report received and placed on file with changes made to the MMP. P-Index has been updated with current soil samples, changes in crop rotation or optimum yields, using manure analysis for determining application rates when applying manure and contact information changed. 6. Manure Management Update-P-296, id no. 65970, annual update report received and placed on file with changes made to the MMP. P-Index has been updated with new soil samples, changes in crop rotation or optimum yields, using manure analysis for determining application rates when applying manure and contact information changed. 7. Manure Management Update-Bangor Finisher, id no. 59034, annual update report received and placed on file with changes made to the MMP. P-Index has been updated, changes in crop rotation or optimum yields, and using manure analysis for determining application rates when applying manure. 8. File District Court Report-3-09 General Supplemental Fund Surcharge-$921.91 9. Approve Personnel Actions a. Hire Mark Grabenbauer, Buildings and Grounds, Mobile Band Shell worker, as needed, $11.00/hr., effective 4/14/09. 10. Approve Claims as audited and authorize the County Auditor to issue payment of same. The listing of claims paid at this meeting will be included with all claims paid for the month of April; will be a part of the first meeting in May. Motion by Goecke, second by Grabenbauer, to approve the consent agenda as printed above. 11. Marshall County Employee Health and Prescription Drug Benefit Plan--discussion and possible action on Summary of Material Modifications No. 02, an amendment required by the Children s Health Insurance Program Reauthorization Act of 2009 (CHIPRA). Motion by Grabenbauer, second by Goecke to approve plan document amendment. 4
12. County Substance Abuse Prevention Services Contract Amendment Discussion and possible action on the reduction of the contract from the Iowa Department of Public Health. The total budget has been reduced from $40,000 to $38,860. The revised IDPH budget is $9,715 with a revised match of $29,145. Motion by Goecke, second by Grabenbauer to approve the contract amendment. 13. Master Matrix-Kevin Blood Dairy Farms, Application for Animal Confinement Feeding Operation Expansion-- Setting the Date and Time for the Public Hearing Discussion and possible action on setting the date and time for April 28, 2009 at 9:00am for the public hearing for Kevin Blood Dairy Farms application for the animal confinement feeding operation expansion. Motion by Grabenbauer, second by Goecke to set Tuesday, April 28, 2009 at 9:00 a.m. as the date and time for the public hearing for Kevin Blood Dairy Farms application for the animal confinement feeding operation expansion. 14. Secondary Road-Weed Spray Agreement-Discussion and possible action on Hiring B & W Control Specialists of Algona, Iowa to do the spraying of county roadsides for this summer. Estimated Costs for the spraying include: 1. Selective spot-broadcast spraying of the east half of the county with a Patron 170 combination for $47,125. 2. Selective spot-spraying of thistles in the west half of the county with a Milestone VM combination for $26,726. Motion by Goecke, second by Grabenbauer to approve the estimated costs of weed spraying of county roadsides this summer. 15. Secondary Road-Right-of-Way Contract & Entry Agreement Discussion and action on approval of a Right-of-Way Contract for land in the East 70.0 of the North 100. 00 of the South 290.89 of the NE ¼ of Section 23, Township 83 North, Range 20W of the 5 th P.M., AND the West 5
70.0 of the North 100.0 of the South 290.89 of the NW ¼ of Section 24, Township 83 North, Range 20 West of the 5 TH P.M., in the County of Marshall, State of Iowa., with Paul Phillips & Son, Inc. Motion by Grabenbauer, second by Goecke, to approve the Right-of-Way and Right-of-Entry Agreements, and authorize the Chairman to sign. 16. Secondary Road-Setting the Date and Time for Letting Project Discussion and possible action on setting the date and time of the letting for May 12, 2009 at 9:00am for project L-L10(07) 73-64, the construction of a twin-10 x8 x40 RCB culvert in the 2500 mile of Fairman Ave. Motion by Goecke, second by Grabenbauer to set the Letting date for May 12, 2009 at 9:00am. 17. Secondary Road-Equipment Purchase-Motor Grader Discussion and possible action on the purchase of a Caterpillar 140M Motor Grader in the amount of $240,000.00, $240,800.00 including the addition of fenders, from Ziegler CAT in Altoona, IA. Motion by Grabenbauer, second by Goecke to approve the purchase of a Caterpillar 140M Motor Grader in the amount of $240,000.00 $240,800.00 for use in the Secondary Road Department from Ziegler CAT in Altoona, Ia. 18. Wastewater Treatment Facilities-Amendment to the Agreement between Marshall County, Iowa and Garden and Associates, LTD. Discussion and possible action on an amendment to the original agreement between Marshall County and Garden Associates on wastewater treatment facility improvements. WHEREAS, the original scope of the project has been revised to include the bid Letting Phase, and Construction Phase services including submittal review, Construction Observation, Construction Staking, and Contract Administration. NOW, THEREFORE, the existing Agreement by and Between the OWNER and ENGINEER dated June 26, 2007 is hereby amended as follows: Item 2.C On page 1, delete Item 2.C. in its entirety and substitute the following: 2.c Prepare construction plans, material specifications, construction permit applicatios applications, and operating permit applications for improvements to existing Controlled Discharge 6
Lagoon to expand to two (2) cell operation, for later expansion to four (4) cell operation; conduct Bid Letting ofr for said improvements; provide Construction Phase Services including submittal review, construction staking, and construction observation; excludes geotechnical services, testing, and permit fees. WORK includes prpartation preparation of engineering documents to be used in soliciting bids for improvements, and services beginning with bid letting through end of construction. Item 3 On page 1, delete Item 3 in its entirety and substitute the following: 3 Cost: Work to be performed at G&A standard hourly rates plus reimbursable expenses as per the current Standard Rate Schedule. Estimated as follows: Items A, B, and D $6,000; Item C $62,800. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to the said existing Agreement dated June 26, 2007. Motion by Goecke, second by Grabenbauer to adopt this amendment to the original agreement between Marshall County and Garden Associates, Ltd. Dated June 26, 2007 and authorize the chairman to sign. OWNER: Marshall County Iowa ENGINEER: Garden and Associates, Ltd. Board of Supervisor, Chairman Mark J. Fincel, P.E., Vice President 19. Second Reading of Ordinance Amendment-Second Reading of Proposed Amendment No. 09-1 to the Zoning Ordinance No. 3 of Marshall County Whereas, after recommendation from the Marshall County Zoning Commission, the Marshall County Board of Supervisors is considering the adoption of Amendment No. 09-1 to the Zoning Ordinance of Marshall County which is the Zoning Ordinance. Now, Therefore, Be It Resolved, by the Marshall County Board of Supervisors that this be considered the second reading of the following proposed amendment: Request #ZR-08-02 is a request by Cessford Construction for Jerry Meling, legal owner of the land under request which is described as 35-84-17 NE SE EX N 236.3 OF E 224.34, Sidwell PIN# 08-35-400-005, and 35-84-17 SE SE, Sidwell PIN# 08-35-400-006 is a request by the above-named legal land owner to rezone the above described property from A-1 Agriculture on the existing Marshall County Zoning Map to U-1 Unclassified. This would be an amendment to the Marshall County Zoning Ordinance No. 3 pursuant to the procedure set forth in Article XXIII, Sections 1&2 of the Marshall County Zoning Ordinance No. 3. 7
Be It Further Resolved, that such proposed amendment shall not be effective until a public hearing is held at 9:00 a.m. on the 28th day of April, 2009, and the Board adopts the third reading of the proposed amendment and the amendment is published. Notice of the public hearing will be published in the Times-Republican and Mid Iowa publishing at least 15 days prior to the above date. Dated at Marshalltown, Iowa, this 14th day of April, 2009. Motion by Grabenbauer, second by Goecke, to approve this second reading of the Amendment No. 09-1 to Zoning Ordinance No. 3. Board of Supervisors, Chairman Attest: Karen Squiers Marshall County Auditor 20. Vacation of a Portion of Canfield Avenue in State Center Township (Petition #837) Whereas, the Marshall County Board of Supervisors held a public hearing on March 31, 2009, to vacate the following: That portion of Canfield Avenue from the North right-of-way line of 237th St., North to the South right-of-way line of 230th St., a distance of approximately 3/4 mile, located between Sections 8 & 9, T-83N, R-20W of the 5th P.M., Marshall County, Iowa. At said public hearing 9 individuals presented written or oral comments, and there were 6 questions, or objections on file in the County Auditor s Office and the Board of Supervisors Office. Whereas, said portion of road is no longer necessary, or required for use by the public for road purposes and will not hereafter be required for construction or maintenance purposes for any road or alley. Whereas, there were no claims for damages were made and none are being awarded. Now, Therefore, be It Resolved by the Marshall County Board of Supervisors that, that portion of Canfield Avenue from the North right-of-way line of 237th St., North to the South rightof-way line of 230th St., a distance of approximately 3/4 mile, located between Sections 8 & 9, T- 83N, R-20W of the 5th P.M., Marshall County, Iowa herein described, together with any and all rights of Marshall County in and to the same are hereby abandoned, and Marshall County hereby disclaims any right, title, or interest in and to said road or to the use thereof for any purpose whatsoever subject to the right of utilities to continue in possession of an easement in use at the time of vacation, and subject to any utility permits issued by the County. Dated at Marshalltown, Iowa this 14th day of April 2009. Motion by Goecke, second by Grabenbauer, to table this Resolution to May 12, 2009 meeting. Attest: Karen Squiers 8
Board of Supervisors, Chairman Marshall County Auditor 21. Public Forum the following comments were made by the public: Lee Huntrods, Farm Bureau, wants to make sure agricultural needs are met if Canfield Ave. is closed. Mike Riemenschneider, State Center, concerned about farm traffic through town due to barriers going up at crossings. Kevin Blood, local farmer, requests keeping Canfield Ave open for efficiency of farmers. Jon Mustaine, State Center businessman and resident, opposed to vacation of Canfield Ave. due to increased traffic on Hwy 30 and safety issues in the city limits. Jeff Sandage, farmer, asked who the Supervisors are concerned about, the farmers or the railroad? Ned Sellers, State Center, concerned about safety of kids driving on the roads. Tom Hemesath, State Center, one permanent source of revenue in Marshall County is agriculture. Doug Honeck, State Center, adjoining property owner, fire dept. will have trouble getting to grass fires if you close the road. 22. Adjournment--The next regular meeting is April 28, 2009, at 9:00 a.m. All business to be acted upon at that session should be submitted to the County Auditor s Office or the Board of Supervisors Office by April 23, 2009, at 1:00 p.m. There being no further business to come before the Board, the meeting was adjourned at 11:43 a.m. Board of Supervisors, Chairman Attest: Karen Squiers Marshall County Auditor 9