Board of Supervisors Minutes
October 14, 2019

The Tama County Board of Supervisors met at 9:30 a.m. October 14, 2019.  Present:  1st District Supervisor, Larry Vest; 2nd District Supervisor, Kendall Jordan and 3rd District Supervisor, Dan Anderson.

Motion by Anderson, seconded by Vest to approve the minutes of the October 7th regular meeting.   All voted aye.  Motion carried. 

The Board met with Lyle Brehm, Tama County Engineer, to get a road projects report.   Also present was Brent Heeren, County Attorney, to discuss a claim of disruption of natural drainage of water complaint that was sent to Mr. Heeren regarding water flow in a roadside ditch.  This is along K Avenue on the east side of Toledo and a homeowner has made a request for remedy.  The engineer and supervisors feel this is not a county road issue but a downstream landowner issue.  Motion by Vest, seconded by Anderson for action on a request for remedy.  Aye votes, none.  Nay votes: Vest, Jordan and Anderson.  Motion denied. 

The Board met with Todd Apfel, Zoning Administrator.  He had several things to present as a result of a Zoning Commission meeting held on October 2nd that needed consideration/action of the supervisors.
Creation of a Lake Residential Zoning District which was omitted from the Tama County Zoning Ordinance of 1998.  This would allow for residences there to be changed from a residential zoning to a Lake 1 zoning.  Motion by Anderson, seconded by Vest to approve adding a Lake 1 zoning class to the Tama County Zoning Ordinance.  All voted aye.  Motion carried.
Changing zoning designation from Agricultural to Heavy Industrial for 2872 K Avenue – Landfill.  It has been discovered that the Tama County Landfill property has been zoned as agricultural which obviously it isn’t.  Motion by Vest, seconded by Anderson to approve the change on the Tama County Landfill property to Heavy Industrial per the recommendation of the zoning commission.  All voted aye.  Motion carried.
The Zoning Commission approved adding a Solar Zoning Ordinance to the Tama County Zoning Ordinance of 1998.  Motion by Anderson, seconded by Vest to approve adding a Solar Zoning Ordinance to the Tama County Zoning Ordinance of 1998.  All voted aye.  Motion carried.
It has been discovered that there is no definition of “Administrative Officer” in the current zoning ordinance even though it is referred to several times throughout the ordinance.  The Zoning Commission approved adding a definition of the Administrative Officer to Article IV of the zoning definitions.  Motion by Vest, seconded by Anderson to add the definition of the Administrative Officer to the zoning definitions in the Tama County Zoning Ordinance of 1998 as approved by the Zoning Commission.  All voted aye.  Motion carried.

At 10:09 the Board held a public hearing.  This is in regard to property the County owns in Section 15 of Indian Village Township known as Ox Bow Bottoms Wildlife Area regarding right-of-way easements for adjoining landowners.  Public Comments:  None.  At 10:09 Chairman Jordan closed the public hearing.  Motion by Vest, seconded by Anderson to approve the following resolution:

 

RESOLUTION 10-14-2019A
RESOLUTION TO GRANT
RIGHT-OF-WAY EASEMENTS
                WHERAS, a public hearing was held at 10:09 a.m. on October 14, 2019, in the office of the Tama County Board of Supervisors to consider the proposals to grant Right-of-Way Easements situated upon the following described real estate:
A parcel of real estate twenty feet (20’) in width by two hundred ninety-four feet (294’) in length, lying parallel to U.S. Highway 30 and situated in the southwestern-most section of the following described real estate:
North Half of the Southwest Quarter of the Northwest Quarter (N ½ SW ¼ NW ¼) in Section Fifteen (15), Township Eighty-three (83) North, Range Sixteen (16), West of the 5th P.M., in Tama County, Iowa, EXCEPT that part deeded to the State of Iowa by Warranty Deed recorded in Book 618, page 269 of the records of the Tama County Recorder;
AND
A strip of real estate twenty feet (20’) in width and running along the entire western boundary of the following described real estate: 
The Northwest Quarter of the Northwest Quarter (NW1/4 NW1/4), EXCEPT the North 8 acres thereof, and the North Half of the Southwest Quarter of the Northwest Quarter (N1/2 SW1/4 NW1/4), all in Section Fifteen (15), Township Eighty-three (83) North, Range Sixteen (16), West of the 5th P.M., in Tama County, Iowa, EXCEPT that part deeded to the State of Iowa by Warranty Deed recorded in Book 618, page 269 of the records of the Tama County Recorder; and

                WHEREAS, a notice of this public hearing and of intent to dispose of an interest in real estate was published in the Tama News Herald and the Traer Star Clipper on September 27, 2019; and
                WHEREAS, after receiving and considering any comments and/or objections, either in writing or by anyone present, the Chair declared the time for receiving oral and written comments or objections to be closed; and
WHEREAS, the proposed grant of the Right-of-Way Easements appears to protect the rights of adjoining landowners, reduce the likelihood of conflict and otherwise be in the best interests of Tama County.
                THEREFORE, BE IT RESOLVED THAT:

  1. A Right of Way Easement agreement, naming Robert L. McCoy as grantee, a copy of which is attached hereto, is approved as to form.
  2. A Right of Way Easement agreement, naming Terry Hinegardner as grantee, a copy of which is attached hereto, is approved as to form.
  3. The Chair of the Board of Supervisors and the Auditor are directed to execute the respective Right of way Easements on behalf of the Board of Supervisors.
  4. The Auditor is directed to file with the Tama County Recorder a certified copy of all resolutions and related attachments that are necessary to establish and perfect the easements of record.

Approved on this 14th day of October, 2019.
Roll Call Vote: Vest, aye. Jordan, aye.  Anderson, aye.  Resolution passed and adopted this 14th day of October 2019.  Kendall Jordan, Chairman, Board of Supervisors.  Laura Kopsa County Auditor.

Motion by Vest, seconded by Anderson to approve the claims for payment as presented.  All voted aye.  Motion carried.

Chairman Jordan adjourned the meeting at 10:16 a.m.