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Board moves ahead with clubhouse paving, delays subdivision work; assesses drainage costs to DD 53
Summary
After litigation and an unresolved easement stalled a neighborhood paving plan, the board approved paving up to the Rice Lake clubhouse, indefinitely delayed subdivision paving, and voted to assess a drainage bill to Drainage District 53 related to tree removal and tile repairs at a DNR-owned parcel.
Winnebago County supervisors decided to proceed immediately with paving work up to the Rice Lake clubhouse and to indefinitely delay paving within the subdivision while an outstanding easement and pending litigation remain unresolved.
County Engineer Scott told the board that, after consulting with counsel, the county will move forward “up to the clubhouse portion” because of safety concerns and defer the neighborhood section until the legal issues are resolved. Scott said plans and a public notice could be updated and issued as early as next Tuesday.
County Attorney Kelsey said the county will pursue a declaratory-judgment action regarding the outstanding easement; she told the board the process could take “18 months to 3 years.” Kelsey and engineers said the decision reflects potential liability and costs from litigation and uncertainty over the right-of-way location.
Separately, the board addressed a drainage-assessment bill arising from tree removal and subsequent work on property adjacent to a county drainage system. The issue centers on work near a state Department of Natural Resources (DNR) parcel where trees had been cleared last spring and work disturbed tile that serves the drainage district. The DNR attorney had asked the county not to bill the state directly; county staff reviewed Iowa Code 468.138 and the county’s drainage process and determined the work should be assessed to the drainage district rather than to a single landowner.
County staff reported the assessed amount has accumulated interest ($960 so far) and said the DNR and NRCS officials had been involved in earlier conversations; an email from a DNR contact (TJ) indicated the matter might need higher-level review in Des Moines. The board voted to submit the bill to Drainage District 53 for assessment. Supervisor Smith moved the motion; Derby seconded. The motion passed.
Contractor estimates for removing trees around the drainage tile at the Leland site were discussed; a preliminary quote of $8,000–$9,000 was mentioned and staff said a clearer firm estimate will be requested. Board members directed staff to obtain a detailed cost estimate (number of trees, required setback, and footage to be cleared) and to use the county resolution on setbacks as guidance for permanent mitigation (discussions referenced a 100-foot setback used in prior resolutions for new work).
The board also discussed that some drainage repairs would require tile rehabilitation separate from tree removal and that cost allocation follows drainage-district statutes. Supervisors urged that future agreements with outside funders (state or DNR programs) be documented in writing before work begins.
Ending: The board split the Rice Lake paving project to address immediate safety needs while pursuing a legal remedy for the remaining subdivision work; it assessed the drainage-related bill to DD 53 and directed staff to obtain firm contractor estimates and follow the drainage district process for repair and assessment.
