Government : Benton County Board of Supervisors Minutes, April 14, 2015

April 14, 2015

The Benton County Board of Supervisors met in regular session with Supervisors Frese and Hertle present. Supervisor Wiley was attending the Department of Transportation meeting in Davenport. The meeting was called to order at 9:00 a.m.

Moved by Hertle, seconded by Frese, to approve the minutes of April 7, 2015. Both members voting aye thereon. Motion carried.

Moved by Hertle, seconded by Frese, to terminate the employment of Steven Fischer in accordance with county policy terminating part-time employees who have not worked for one year or more. Both members voting aye thereon. Motion carried.

Moved by Hertle, seconded by Frese, to enter into The Howard E. Nyhart Company, Inc. (“Nyhart”) Service Agreement to complete the full GASB 45 actuarial update for Benton County at a cost of $3,400.00 for the fiscal year ending June 30, 2015. Both members voting aye thereon. Motion carried.

Moved by Hertle, seconded by Frese, to sign the certification of the FY14 Cost Allocation Plan prepared by Cost Allocation Services, Inc. Both members voting aye thereon. Motion carried.

Moved by Hertle, seconded by Frese, to accept the treasurer’s investment report for the period ending March 31, 2015. Both members voting aye thereon. Motion carried.

Marc Greenlee, Land Use Administrator, met with the board regarding an amendment to a compliance certificate issued to Brad and Linder Anders on February 10, 2015. Anders had applied for and been granted a land use change for a custom gunsmith shop on a parcel located in the SE1/4 of 6-86-10. Anders had been informed by the U.S. Department of Alcohol, Tobacco and Firearms (ATF) that the compliance permit language is not specific enough to meet the requirements of their permit. Anders is requesting that the land use compliance permit be amended to include the specific language needed for him to obtain a permit from the ATF. Moved by Hertle, seconded by Frese, to amend the action taken on February 10, 2015, granting a land use change to Brad and Linda Anders, by adding the following:

“The applicants, Brad and Linda Anders, Cedar River Arms, L.L.C., dba Cedar River Arms, are approved to buy, sell and trade firearms, and provide gunsmith services at 5068 22nd Avenue Lane, Mt. Auburn, Iowa.”

The remainder of the original action taken on February 10, 2015, relative to this land use change remains in full force and effect.

Both members voting aye thereon. Motion carried.

The time of 9:15 .m. having arrived, the board opened the public hearing on a land use change requested by Barbara Galkowski. Marc Greenlee presented the technical information in accordance with the Benton County Agricultural Land Use Preservation Ordinance. The change in use is for approximately 3 acres located in the SW1/4 of the SW1/4 of 10-84-9. The request is to change the classification to an n equestrian riding and therapy center. There will be no septic or well on the property. The applicant will use portable toilets and obtain water for a neighboring parcel. Hearing no further comment, it was moved by Hertle, seconded by Frese, to approve the request for a land use change from agricultural to non-agricultural on approximately 3 acres for an equestrian riding and therapy center on a parcel generally described as being located in the SW1/4 of the SW1/4 of Sec. 10-84-9. All members voting aye thereon. Motion carried.

Kyle Helland of Helland Engineering met with the Board to request a subdivision variance on behalf of his client, Steven and Jodi Moretz, on a parcel located in the SW1/4 of the SW1/4 of 32-86-10. Moretz had been before the board on March 31, 2015, regarding the matter and was instructed to have a subdivision plat made but that the board would be willing to waive specific requirements. Land Use Administrator Marc Greenlee reviewed the initial request with the board and spoke to the specific requirements that could be waived. Moved by Hertle, seconded by Frese, to adopt Resolution #15-17, Variance to the Benton County Subdivision Ordinance. Voting aye were Frese and Hertle. Nays none. Motion carried.

RESOLUTION #15-17

Variance to the Benton County Subdivision Ordinance

WHEREAS, Benton County adopted the Benton County Subdivision Ordinance #61; and

WHEREAS, said ordinance prohibits the creation of multiple splits within a 40-acre aliquot part; and

WHEREAS, said ordinance sets forth the minimum requirements and improvements for subdivisions created in the unincorporated area of Benton County; and

WHEREAS, a request has been presented to the Board of Supervisors to vary a part of the requirements of the ordinance to allow one additional division on a parcel located in the SW`/4 of the SW1/4 of 32-86-10, due to hardship,

NOW THEREFORE BE IT RESOLVED by the Benton County Board of Supervisors that the requirements of Ordinance #61 are hereby varied for one additional division of real property located in the SW1/4 of the SW1/4 of 32-86-10. The following requirements of the ordinance are waived.

Article 4, Sections 4.01 through 4.04

Article 5, Sections 5.01 through 5.07

Article 6, Sections 6.01 through 6.03

All remaining portions of Ordinance #61, not waived by this resolution, shall remain in full force and effect.

Strict adherence to the requirements of the subdivision ordinance would create an undue hardship for the following reason(s):

1. The division is a minimal easing of the ordinance and will ultimately result in only the hard-surface road requirement being unmet.

2. Due to the minimal number (2) and design of lots being created there is no need for a Preliminary Plat to be developed.

3. The parcel being created through the subdivision is currently agricultural and no improvements are being designed as a part of the subdivision.

Dated this 14th day of April 2015.

_____________________________________

Donald H. Frese, Chairman

_____________________________________

Terry L. Hertle

ATTEST:

_____________________________________

Jill Marlow, Benton County Auditor

Moved by Hertle, seconded by Frese, to approve three utility permits requested by ECI REC to place utility lines in the county’s right-of-way in St. Clair Township along 25th Avenue in sections 21, 22, 27, & 28 and 23rd Ave Drive and along 79th St in section 32 and in Union Township along 69th St. from 19th Avenue east to 21st Avenue in sections 2 and 3. Both members voting aye thereon. Motion carried.

Moved by Hertle, seconded by Frese, to approve a utility permit requested by Unite Private Network to place utility lines in the county’s right-of-way in Polk Township along 51st Street and 53rd Street Drive in sections 3, 10, 15, and 22. Both members voting aye thereon. Motion carried.

Moved by Hertle, seconded by Frese, to adopt Resolution #15-18. Voting aye were Frese and Hertle. Nays none. Motion carried.

R E S O L U T I O N #15-18

WHEREAS: The Benton County Secondary Road Department has an employee that has been employed for a year, and

WHEREAS: This employee as part of the original hire is entitled to a wage increase

THEREFORE BE IT RESOLVED by the Benton County Board of Supervisors that the Labor Grade classification of Joshua Burkhart will be VD (mechanic.) VD base wage for Joshua Burkhart will be $19.47 per hour. Joshua Burkhart rate change will be effective April 14, 2015.

Signed this 14th day of April, 2015.

_________________________________

Chairman, Board of Supervisors

__________________________________

Terry L. Hertle

ATTEST: ____________________________

Benton County Auditor

Moved by Hertle, seconded by Frese, to approve the hire of Marvin Andrews as a part-time seasonal truck driver, effective April 20, 2015, at a wage of $11.39 per hour. Both members voting aye thereon. Motion carried.

Moved by Hertle, seconded by Frese, to direct the chair to sign the Title Plan Sheet for the HMA (hot mix asphalt) Resurfacing on W30 from Walford south to the county line – Project No, FM-CO06(65)—55-06. Both members voting aye thereon. Motion carried.

Supervisor Hertle strongly urged the engineer to place additional warning lights at the intersection of W14 and E44, approximately one mile north of Newhall. Hertle stated that the intersection is dangerous and that some type of flashing light(s) were needed to warn traffic – adding that it needed to done before a tragedy occurs.

The board was introduced to Jessica Rilling, who is the new Iowa Valley Resource and Development (RC&D) executive director. Benton County is a part of the six-county region of the Iowa Valley RC&D.

Kenneth Krug met with the board to discuss dust control issues in the first one-half mile of 32nd Avenue south of Highway 30. Krug advised that he has over 300 cars per day drive past his house. Krug stated that there are two residential subdivisions located south of his residence that have resulted in the increase in traffic. Krug presented statistics that he had compiled regarding the amount of road dust being created each year past his residence. Krug stated that he applies dust control but it doesn’t hold up to the amount of traffic – adding that he originally used the county’s MC-70 product but that has become cost prohibitive. Krug requested that the board consider subsidizing the dust control or take other actions to reduce the speed of vehicles. Supervisor Hertle responded that if the county subsidized the dust control on 32nd Avenue then there would be a line of others wanting the same thing and that the county could not afford to subsidize dust control all over the county. Hertle stated that he was sympathetic to Krug’s situation but was not willing to set a precedent. Supervisor Frese echoed Hertle’s comments stating that road dust is a problem throughout the county.

Moved by Hertle, seconded by Frese, to adjourn. All members voting aye thereon. Motion carried.

_______________________________

Don Frese, Chairman

ATTEST: _________________________________

Jill Marlow, Auditor