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December
12, 2006 The Lee County Board of Supervisors met on Tuesday, December 12,
2006, at 9:00 A.M., at the North Lee County Office Building in Fort Madison. Present: Joe Kowzan, Rick Larkin, George
Morgan, Larry Kruse and Bob Woodruff All votes
are unanimous unless otherwise indicated. Chairman
Morgan amended the agenda to remove the approval of a resolution repealing
Title 6 Chapter 9, an ordinance of Lee County establishing the Keokuk Waste
Treatment Plant Flood Wall Urban Renewal Area and to include on the agenda a
request from County Attorney Mike Short to hire a temporary replacement for
an employee on medical leave. Moved
by Kruse, seconded by Woodruff, to approve the Tuesday, November 28, 2006 and
Tuesday, December 5, 2006 board minutes.
Motion carried. At
9:02 A.M. Chairman Morgan opened a public hearing on the partial vacation of
the plat and vacation of streets in Bluff Park, Montrose, Iowa. Clinton Boddicker,
Keokuk, representing citizens within the proposed area, displayed a map of
the Bluff Park Subdivision. He stated that a new plat of the entire area has
been done and he is there to ask the Board to vacate the old plat and replace
it with the new plat. Michael Ritchie, Montrose, told the Board that his
property is divided between the city of Montrose and the unincorporated area
of the County. David Washburn, Montrose, stated that the new plat would
alleviate problems such as this. At 9:16 A.M., it was moved by Kruse,
seconded by Kowzan, to close the public hearing. Roll call: Kruse-aye,
Kowzan-aye, Larkin-aye, Woodruff-aye and Morgan-aye. Motion carried. Moved by
Larkin, seconded by Kruse, to approve the following resolution, contingent on
approval from County Attorney Mike Short: RESOLUTION
#2006-97
WHEREAS, a public hearing was held on the 12th
day of December, 2006, at 9:02 oclock a.m. at the
Boardroom, Lee County Office Building, 933 Avenue H, Fort Madison, Iowa with
notice duly published not less than four (4) nor more than twenty (20) days
prior to the date and time fixed for hearing. NOW THEREFORE,
BE IT RESOLVED
that the Lee County Board of Supervisors hereby determines that the following
described parts of Bluff Park, an Addition to the Town of Montrose, Lee
County, Iowa, described below shall be vacated: A 35.049 acre tract, being a
part of the Bluff Park Addition to the Town of Montrose, located in the East
half of Fractional Section 11 and in the Southwest quarter of Fractional
Section 12, Township 66 North, Range 5 West of the 5th Principal
Meridian, Lee County, Iowa and is more particularly described as
follows: Commencing at the South Ό
corner of said Frac. Section 11, thence N00°3437E,
1218.05 feet along the west line of the southeast quarter said Section 11 to
the point of beginning; thence continuing along said west line N00°3437E,
252.27 feet to the northwesterly right of way line of extended Grand Avenue;
thence N34°0000E, 33.14 feet along said westerly right
of way line to the southwest corner of Parcel B; thence S86°4055E,
279.51 feet along the south line of said Parcel B to the westerly right of
way line of Bluff Park Avenue; thence along said right of way line the
following courses, Northwesterly, 115.34 feet along a nontangent right of way
curve, concave northeasterly, having a radius of 145.89 feet (chord bearing
N10°3648W, 112.36 feet), N08°3710E,
77.38 feet and N76°0142W, 136.57
feet to the westerly right of way line of said Grand Avenue; thence N34°0000E,
122.03 feet to the easterly line of Lot 9, Block 8 said Bluff Park Addition;
thence Northeasterly, 78.76 feel along a curve, concave westerly, having a
radius of 138.43 feet, (chord bearing N34°0000E,
77.70 feet to the westerly right of way line of said extended Grand Avenue;
thence N34°0000E,
36.95 feet to the extended south line of Lot 5 said Block 8: thence N85°4822W,
45.66 feet along said extended south line to the extended west line of Lot 4,
said Block 8; thence N03°0328W, 270.19 feet along said west line
to the centerline of Mississippi River Road; thence Southeasterly, 173.05
feet along a centerline curve, concave westerly, having a radius of 2864.79
feet (chord S81°2212E, 173.02 feet); thence continuing along
said centerline S79°3822E, 112.71 feet; thence N10°3530E,
112.94 feet to the south right of way line of the Burlington Northern Santa
Fe Railroad; thence S81°3915E, 270.70 feet along said right of
way line to a right of way curve, concave westerly, having a radius of
5756.94 feet; thence Southeasterly, 2110.48 feet along said curve (chord S71°2134E,
2098.68 feet); thence S33°1950W, 228.90 feet along the north line
of the Frazier property to the easterly right of way line of Mississippi
River Road; thence S32°2042W, 30.00 feet to the centerline said
Mississippi River Road; thence along said centerline the following courses:
Northwesterly, 129.27 feet along a curve, concave southerly, having a radius
of 1359.50 feet (chord N60°2245W, 129.22 feet); N63°0610W,
270.86 feet; N67°4742W, 275.20 feet; N63°3122W,
516.82 feet and N73°1022W, 70.45 feet; thence S28°5455W,
342.41 feet along the extension of the remnant of an existing fence marking
the northerly line of the Kings Daughters property; thence S30°2403W,
546.50 feet along an existing fence; thence N81°2603W,
297.00 feet along an existing fence to the centerline of a County Road;
thence N83°0051W, 779.63 feet along an existing fence to
the point of beginning, containing 35.049 acres, subject to all easements and
to the right of way of Mississippi River Road. BE IT FURTHER
RESOLVED
that the Lee County Board of Supervisors has determined that the following
streets located within the current plat of Bluff Park, an Addition to the
Town of Montrose, Lee County, Iowa, are of no benefit to the public and shall
be vacated: Elm Ridge Drive, Central Avenue, Johns Lane, Blom
Lane, Greggs Lane, Bluff Park Avenue, Whitaker Avenue, and Highland Drive. BE IT FURTHER
RESOLVED
that the Lee County Board of Supervisors deed by quit claim deed the
following described property to Stephen E. Hirner; Bruce A. Chase; Dorothy J.
Chase; Danita J. Washburn; David E. Washburn, Sr.; Gregory R. Ruth; Catherine
M. Ruth; Alma A. Schmadeke, Trustee of the Revocable Living Trust Dated
12-15-88 of Louis F. Schmadeke and Alma A. Schmadeke; William F. Gerveler,
Kathleen J. Gerveler, Michael K. Ritchie; Jeanine L. Ritchie, William P.
Suminski; and Jody A. Hugg: A 35.049 acre
tract, being a part of the Bluff Park Addition to the Town of Montrose,
located in the East half of Fractional Section 11 and in the Southwest
quarter of Fractional Section 12, Township 66 North, Range 5 West of the 5th
Principal Meridian, Lee County, Iowa and is more particularly described as
follows: Commencing at the South Ό
corner of said Frac. Section 11, thence N00°3437E,
1218.05 feet along the west line of the southeast quarter said Section 11 to
the point of beginning; thence continuing along said west line N00°3437E,
252.27 feet to the northwesterly right of way line of extended Grand Avenue;
thence N34°0000E, 33.14 feet along said westerly right of
way line to the southwest corner of Parcel B; thence S86°4055E,
279.51 feet along the south line of said Parcel B to the westerly right of
way line of Bluff Park Avenue; thence along said right of way line the
following courses, Northwesterly, 115.34 feet along a nontangent right of way
curve, concave northeasterly, having a radius of 145.89 feet (chord bearing
N10°3648W, 112.36 feet), N08°3710E,
77.38 feet and N76°0142W, 136.57 feet to the westerly right
of way line of said Grand Avenue; thence N34°0000E,
122.03 feet to the easterly line of Lot 9, Block 8 said Bluff Park Addition;
thence Northeasterly, 78.76 feel along a curve, concave westerly, having a
radius of 138.43 feet, (chord bearing N34°0000E,
77.70 feet to the westerly right of way line of said extended Grand Avenue;
thence N34°0000E, 36.95 feet to the extended south line of
Lot 5 said Block 8: thence N85°4822W,
45.66 feet along said extended south line to the extended west line of Lot 4,
said Block 8; thence N03°0328W, 270.19 feet along said west line
to the centerline of Mississippi River Road; thence Southeasterly, 173.05
feet along a centerline curve, concave westerly, having a radius of 2864.79
feet (chord S81°2212E, 173.02 feet); thence continuing along
said centerline S79°3822E, 112.71 feet; thence N10°3530E,
112.94 feet to the south right of way line of the Burlington Northern Santa
Fe Railroad; thence S81°3915E, 270.70 feet along said right of
way line to a right of way curve, concave westerly, having a radius of
5756.94 feet; thence Southeasterly, 2110.48 feet along said curve (chord S71°2134E,
2098.68 feet); thence S33°1950W, 228.90 feet along the north line
of the Frazier property to the easterly right of way line of Mississippi
River Road; thence S32°2042W, 30.00 feet to the centerline said
Mississippi River Road; thence along said centerline the following courses:
Northwesterly, 129.27 feet along a curve, concave southerly, having a radius
of 1359.50 feet (chord N60°2245W, 129.22 feet); N63°0610W,
270.86 feet; N67°4742W, 275.20 feet; N63°3122W,
516.82 feet and N73°1022W, 70.45 feet; thence S28°5455W,
342.41 feet along the extension of the remnant of an existing fence marking
the northerly line of the Kings Daughters property; thence S30°2403W,
546.50 feet along an existing fence; thence N81°2603W,
297.00 feet along an existing fence to the centerline of a County Road;
thence N83°0051W, 779.63 feet along an existing fence to
the point of beginning, containing 35.049 acres, subject to all easements and
to the right of way of Mississippi River Road. BE IT FURTHER
RESOLVED
that the Lee County Board of Supervisors hereby approves the recording of the
Central Bluff Park Replat to the Town of Montrose, Lee County, Iowa,
describing the following real estate: A 35.049 acre
tract, being a part of the Bluff Park Addition to the Town of Montrose,
located in the East half of Fractional Section 11 and in the Southwest
quarter of Fractional Section 12, Township 66 North, Range 5 West of the 5th
Principal Meridian, Lee County, Iowa and is more particularly described as
follows: Commencing at the South Ό
corner of said Frac. Section 11, thence N00°3437E,
1218.05 feet along the west line of the southeast quarter said Section 11 to
the point of beginning; thence continuing along said west line N00°3437E,
252.27 feet to the northwesterly right of way line of extended Grand Avenue;
thence N34°0000E, 33.14 feet along said westerly right of
way line to the southwest corner of Parcel B; thence S86°4055E,
279.51 feet along the south line of said Parcel B to the westerly right of
way line of Bluff Park Avenue; thence along said right of way line the
following courses, Northwesterly, 115.34 feet along a nontangent right of way
curve, concave northeasterly, having a radius of 145.89 feet (chord bearing
N10°3648W, 112.36 feet), N08°3710E,
77.38 feet and N76°0142W, 136.57 feet to the westerly right
of way line of said Grand Avenue; thence N34°0000E,
122.03 feet to the easterly line of Lot 9, Block 8 said Bluff Park Addition;
thence Northeasterly, 78.76 feel along a curve, concave westerly, having a
radius of 138.43 feet, (chord bearing N34°0000E,
77.70 feet to the westerly right of way line of said extended Grand Avenue;
thence N34°0000E, 36.95 feet to the extended south line of
Lot 5 said Block 8: thence N85°4822W,
45.66 feet along said extended south line to the extended west line of Lot 4,
said Block 8; thence N03°0328W, 270.19 feet along said west line
to the centerline of Mississippi River Road; thence Southeasterly, 173.05
feet along a centerline curve, concave westerly, having a radius of 2864.79
feet (chord S81°2212E, 173.02 feet); thence continuing along
said centerline S79°3822E, 112.71 feet; thence N10°3530E,
112.94 feet to the south right of way line of the Burlington Northern Santa
Fe Railroad; thence S81°3915E, 270.70 feet along said right of
way line to a right of way curve, concave westerly, having a radius of
5756.94 feet; thence Southeasterly, 2110.48 feet along said curve (chord S71°2134E,
2098.68 feet); thence S33°1950W, 228.90 feet along the north line
of the Frazier property to the easterly right of way line of Mississippi
River Road; thence S32°2042W, 30.00 feet to the centerline said
Mississippi River Road; thence along said centerline the following courses:
Northwesterly, 129.27 feet along a curve, concave southerly, having a radius
of 1359.50 feet (chord N60°2245W, 129.22 feet); N63°0610W,
270.86 feet; N67°4742W, 275.20 feet; N63°3122W,
516.82 feet and N73°1022W, 70.45 feet; thence S28°5455W,
342.41 feet along the extension of the remnant of an existing fence marking
the northerly line of the Kings Daughters property; thence S30°2403W,
546.50 feet along an existing fence; thence N81°2603W,
297.00 feet along an existing fence to the centerline of a County Road;
thence N83°0051W, 779.63 feet along an existing fence to
the point of beginning, containing 35.049 acres, subject to all easements and
to the right of way of Mississippi River Road. Excepting
therefrom the following described tract which is hereby dedicated for public
usage. Beginning at the southeast
corner of Lot 12, Central Bluff Park Replat, thence Northwesterly, 119.13
feet (chord bearing N19°2355W, 115.80 feet) along a right of way
curve, concave westerly, having a radius of 144.83 feet; thence N42°5724W,
131.70 feet to a right of way curve, concave southwesterly, having a radius
of 199.46 feet; thence Northwesterly, 118.60 feet (chord bearing N59°5928W,
116.86 feet) along said curve; thence N77°0132W,
96.72 feet to a right of way curve, concave northeasterly, having a radius of
145.86 feet; thence Northwesterly, 111.14 feet (chord bearing N55°0920W,
108.72 feet) to a curve, concave easterly, having a radius of 145.89 feet;
thence Northwesterly, 115.34 feet (chord bearing N10°3648W,
112.38 feet); thence N08°3710E, 77.38 feet and N76°0142W,
136.57 feet along the east and north lines of Parcel A to the Northwest
corner of said Parcel A; thence N34°0000E, 44.35 feet along the extended westerly right of way line of vacated
Grand Avenue to the southwest corner of Lot 14; thence S77°3358E,
17.77 feet and N34°0000E, 88.74 feet along the south and
east lines of said Lot 14; thence S85°1419E, 481.57 feet to a cul-de-sac having
a radius of 45.00 feet; thence Southeasterly, 205.38 feet along said
cul-de-sac; thence N85°1419W, 413.37 feet; thence S05°5503W,
69.93 feet; thence S76°0142E, 7.90 feet; thence S08°3710W,
105.00 feet to a right of way curve, concave northeasterly, having a radius
of 79.89 feet; thence Southeasterly, 119.42 feet (chord bearing S34°1238E,
108.59 feet); thence S77°0132E, 91.24 and S77°0132E,
33.80 feet to a right of way curve, concave southwesterly, having a radius of 265.46
feet; thence Southeasterly 157.84 feet (chord bearing S59°5928E,
155.53 feet); thence S42°5732E, 131.69 feet to a right of way
curve, concave westerly, having a radius of 210.83 feet; thence
Southeasterly, 177.57 feet (chord bearing S18°3857E,
173.61 feet to the southeasterly corner of Lot 10; thence N81°2603W,
33.51 feet and N83°0219W, 33.94 feet to the point of
beginning, containing 2.246 acres. BE IT FURTHER
RESOLVED
that the Lee County Board of Supervisors deed by quit claim deed any and all
right, title or interest held by Lee County, Iowa, in any public street or
alley, and specifically Elm Ridge Drive, Central Avenue, Johns Lane, Blom
Lane, Greggs Lane, Bluff Park Avenue, Whitaker Avenue, and Highland Drive in
Bluff Park Addition to the Town of Montrose, Lee County, Iowa, to Stephen E.
Hirner; Bruce A. Chase; Dorothy J. Chase; Danita J. Washburn; David E.
Washburn, Sr.; Gregory R. Ruth; Catherine M. Ruth; Alma A. Schmadeke, Trustee
of the Revocable Living Trust Dated 12-15-88 of Louis F. Schmadeke and Alma
A. Schmadeke; William F. Gerveler, Kathleen J. Gerveler, Michael K. Ritchie;
Jeanine L. Ritchie, William P. Suminski; and Jody A. Hugg. By the
adoption of this ordinance, the Lee County Board of Supervisors is not
asserting that this portion of Bluff Park is outside the incorporated area of
the City of Montrose. Dated this 12th day of December
2006. Lee County Board of
Supervisors. /s/ George Morgan, Chairman, /s/ Larry W. Kruse, Vice-Chair, /s/
Robert J. Woodruff, Member, /s/ Rick Larkin, Member, /s/ Joseph W. Kowzan,
Member. Attest: /s/ Anne Pedersen, Lee County Auditor. Motion carried. Moved by Woodruff, seconded by Morgan, to approve posting according
to Article 4, Sections 3,4 & 5 of the Administrative Union Contract for 1
full-time General Assistance/Payee for the General Relief Office. Motion
carried. Moved by Woodruff, seconded by Kruse, to
approve the semi-annual payment for services agreement with Great River
Progressive Housing. Motion carried. Moved by Larkin, seconded by Kruse, to
approve the following resolution: RESOLUTION #2006-98
Resolution
of the Lee County Board of Supervisors Approving the Lifting of a Hiring
Freeze to Allow the Lee County Treasurer to Hire One (1) Temporary Part-time
Employee WHEREAS, the Lee County Board of Supervisors
approved a hiring freeze for Lee County Iowa government (excluding
Commissions and/or Compensated Boards) from August 8, 2006 to July 3, 2007;
and WHEREAS, the Lee County Board of Supervisors will
consider specific requests from Department Heads for exceptions on a case by
case basis; and WHEREAS, the Lee County Treasurer is requesting
such an exception to hire one (1) temporary part-time employee; and WHEREAS, the Lee County Board of Supervisors
believes that it would be appropriate to approve the Lee County Treasurers
request. NOW THEREFORE, be it resolved that the Lee County Board
of Supervisors approves the lifting of the hiring freeze to allow the Lee
County Treasurer to hire one (1) temporary part-time employee. Dated at Fort Madison, Iowa on
the 12th day of December 2006. Lee County Board of
Supervisors. /s/ George Morgan, Chairman, /s/ Larry W. Kruse, Vice-Chair, /s/
Robert J. Woodruff, Member, /s/ Rick Larkin, Member, /s/ Joseph W. Kowzan,
Member. Attest: /s/ Anne Pedersen, Lee County Auditor. Motion carried. Moved by
Kowzan, seconded by Woodruff, to approve the second reading of an Ordinance
designating the area within the unincorporated boundaries of Lee County as a
revitalization area and adding a revitalization plan for the area. Motion
carried. Moved by
Woodruff, seconded by Kowzan, to waive the third reading of an Ordinance
designating the area within the unincorporated boundaries of Lee County as a
revitalization area and adding a revitalization plan for the area. Roll call:
Woodruff-aye, Kowzan-aye, Larkin-aye, Kruse-nay and Morgan-nay. Motion
carried. There was public comment allowed on this matter. John Sander,
Donnellson, asked the Board if they had contacted other taxing bodies in the
County to see how this would affect them. He also questioned why farm
buildings were not included in the plan. Chairman Morgan stated that he
favors the Board looking into amending the ordinance to include agricultural
buildings. Supervisors Woodruff and Kowzan agreed that the Board would take a
look at the plan sometime next year. Moved by
Morgan, seconded by Kruse, to approve the second reading of the Lee County
Ordinances. Motion carried. Moved by Kruse, seconded by Woodruff, to approve the following resolution: RESOLUTION #2006-99 Resolution
of the Lee County Board of Supervisors Approving the Lifting of a Hiring
Freeze to Allow the Lee County Board of Supervisors to Hire One (1) Temporary
Part-time Employee WHEREAS, the Lee County Board of Supervisors
approved a hiring freeze for Lee County Iowa government (excluding
Commissions and/or Compensated Boards) from August 8, 2006 to July 3, 2007;
and WHEREAS, the Lee County Board of Supervisors will
consider specific requests from Department Heads for exceptions on a case by
case basis; and WHEREAS, the Lee County Board of Supervisors is
requesting such an exception to hire one (1) temporary part-time employee;
and WHEREAS, the Lee County Board of Supervisors
believes that it would be appropriate to approve the Lee County Board of
Supervisors request. NOW THEREFORE, be it resolved that the Lee County Board
of Supervisors approves the lifting of the hiring freeze to allow the Lee
County Board of Supervisors to hire one (1) temporary part-time employee. Dated at Fort Madison, Iowa on
the 12th day of December 2006. Kruse-aye, Woodruff-aye,
Larkin-nay, Kowzan-aye and Morgan-aye. Lee County Board of
Supervisors. /s/ George Morgan, Chairman, /s/ Larry W. Kruse, Vice-Chair, /s/
Robert J. Woodruff, Member, /s/ Joseph W. Kowzan, Member. Attest: /s/ Anne
Pedersen, Lee County Auditor. Motion carried. A request
from County Attorney Mike Short to hire a temporary replacement for an
employee on medical leave, was tabled until the December 19, 2006 Board
meeting. Citizen
Comments: Annie Comstock, Montrose, asked the Board why they have a hiring
freeze when they are lifting it every week. Supervisor Woodruff said that the
purpose of the hiring freeze is so the Department Heads have to come to the
Board before hiring an employee. Mike Holtkamp, West Point, suggested that
the Board look into contacting high schools in the county and using students
at no cost to fill the filing clerk positions. John Sandbothe, Fort Madison,
referred back to the tax abatement plan and asked the Board if the cities in
Lee County had plans similar to this. Supervisor Morgan read 2 letters from
Ed Menke of Menke-Hoyer Auction & Realty, commending Glorine Scharpman,
Real Estate Deputy in the Auditors Office and Lori Grape, Board Secretary
for exemplary performance in their jobs and stated that they are assets to
the County. There was no
New Business. Committee
Reports: Supervisor Kowzan will be attending a Geode RC&D meeting and a
Conservation meeting. He said that R.U.S.S. would be meeting on January 3,
2007 and the Board will need to fill the position of liaison to this
committee. Chairman Morgan reported that there would be an Emergency
Management meeting on December 18, 2006 at 6:45 P.M.,in the Boardroom at the
North Lee County Office Building to go over the budget. Supervisor Kruse
attended a Crime Commission and Juvenile Detention Center meetings. Moved by Kruse, seconded by
Kowzan, to approve payment of claims.
Motion carried. Approved the North and South Lee County Treasurers Report of Fees
Collected for the months ending August 31, 2006, September 30, 2006, October
31, 2006 and November 30, 2006. With
no further business, Chairman Morgan adjourned the meeting at 10:05 A.M. The next meeting of the Board will be
Tuesday, December 19, 2006 at 9:00 A.M., at the South Lee County Courthouse
in Keokuk. /s/George Morgan, Chairman Attest: /s/Anne Pedersen, Lee County Auditor |
