Government : Benton County Board of Supervisor Minutes 3/31/2020

March 31, 2020

The Benton County Board of Supervisors met in regular session with Supervisors Primmer, Bierschenk and Seeman were present. The meeting was called to order at 9:00 a.m. Members of the public were provided the zoom access capability to join in during open session. Unless otherwise noted, all actions were approved unanimously.

Seeman moved/Bierschenk seconded: To approve the minutes of March 24 and March 25, 2020. Motion carried.

Seeman moved/Bierschenk seconded: To approve Auditor's Quarterly Report ending March 31, 2020. Motion carried.

Bierschenk moved/Seeman seconded: To approve Resolution #20-20, Approving Replat of Fehl First Addition to Benton County. Motion carried.

RESOLUTION #20-20

RESOLUTION APPROVING THE REPLAT OF THE FINAL PLAT OF

"FEHL FIRST ADDITION",

BY BENTON COUNTY, IOWA

WHEREAS, at the request of the developer of Fehl First Addition, Benjamin Fehl, a replatting of the Final Plat of Fehl First Addition to Benton County, Iowa, containing two lots, has been submitted for approval to the Benton County Board of Supervisors consisting of the following described real estate:

THIS REPLAT OF THE FINAL PLAT OF FEHL FIRST ADDITION REPRESENTS A SURVEY OF:

Existing Parcel "A" per Plat of Survey dated 8/25/2008 recorded in Book 8 Page 4042 in the Office of the Benton County Recorder, described as follows:

That part of the Southeast Quarter of the Southwest Quarter (SE 1/4 SW 1/4) of Section No. 16, Township No. 86 North, Range No. 12 West of the Fifth Principal Meridian, Benton County, Iowa, described as follows:

Beginning at the Southeast corner of said Southeast Quarter of the Southwest Quarter, point being a found "mag" nail in A.C.C. pavement with license #15525;

thence along the South line of said Southeast Quarter of the Southwest Quarter South 89°56¼' West a distance of 830.5 feet to a set "mag" nail in A.C.C. pavement with license #15525;

thence North 00°18' East a distance of 523.5 feet to a set ½" rebar with license #16264;

thence South 89°45¼' East a distance of 828.5 feet to the East line of said Southeast Quarter of the Southwest Quarter, point being a set ½" rebar with license #16264;

thence along said East line South 00°04¾' West a distance of 519.0 feet to the point of beginning.

Containing 9.93 acres including 0.63 acres of right-of-way.

Subject to easements, restrictions, covenants, ordinances and limited access provisions of record and not of record.

Note: The South line of said Southeast Quarter of the Southwest Quarter is assumed to bear

South 89°56¼' West for this description.

WHEREAS, after consideration, the same is found to be correct and in accordance with the provisions of the laws of the State of Iowa and the ordinances of Benton County, Iowa, and

WHEREAS, the Benton County Board of Supervisors find that the replatting of the Final Plat of Fehl First Addition would be advantageous to Benton County, Iowa, and

NOW, THEREFORE BE IT RESOLVED by the Benton County Board of Supervisors that said replatting of the Final Plat of Fehl First Addition to Benton County, Iowa, will be and the same hereby acknowledged and approved and accepted on the part of Benton County, Iowa, subject to the following stipulations:

1. Any new driveway will be built to comply with Benton County's driveway resolution dated October 17, 1975, and amended September 4, 1981.

2. Any new private water supply system will be constructed with the approval of the Benton County Health Department.

3. Any new private on-site sewage treatment system will be constructed with the approval of the Benton County Health Department

The Benton County Auditor is hereby authorized and directed to certify a copy of this Resolution to the County Recorder of Benton County, Iowa, and affix the same to said Final Plat as provided as law.

ADOPTED AND PASSED this 31st day of March, 2020.

____________________________________

Rick Primmer, Chairman

____________________________________

Gary Bierschenk

____________________________________

Tracy Seeman

ATTEST:

________________________________

Hayley Rippel, Benton County Auditor

Bierschenk moved/Seeman seconded: To approve Class B liquor license for Bloomsbury Farms, Atkins. Motion carried.

Seeman moved/Bierschenk seconded: To approve Class B liquor license for Watkins Community Athletic Association. Motion carried.

The time of 9:15 a.m. having arrived, and this being the time and date for a land use hearing for Jeffrey and Amy Herbert in part of SW 1/4 NW ¼ 28-82-11. Jeffrey Herbert joined the meeting by phone. Marc Greenlee presented the technical information with the Benton County Agricultural Land Use Preservation Ordinance. Herbert would like to build a new home and change 1 acre of his 20 acres CSR is low, driveway can be used and this will need a new septic, but existing well is fine. Adjacent land owners were notified and hearing from nobody, with no other comments, public hearing was closed.

Bierschenk moved/Seeman seconded: To approve the land use hearing for Jeffrey and Amy Herbert in part of the SW 1/4 NW ¼ 28-82-11. Motion carried.

Seeman moved/Bierschenk seconded: To approve Resolution #20-21, Approving Final Plat for ZRCompany Addition to Benton County. Motion carried.

ZRCOMPANY ADDITION

TO BENTON COUNTY, IOWA

RESOLUTION APPROVING PLAT

RESOLUTION #20-21

WHEREAS, a Plat of ZRCompany Addition to Benton County, Iowa, containing one (1) lot has been presented to the Benton County Board of Supervisors consisting of the following described real estate:

See Exhibit "A" attached hereto and made a part hereof

And

WHEREAS, after consideration, the same is found to be correct and in accordance with the provisions of the laws of the State of Iowa and the ordinances of Benton County, Iowa, and

WHEREAS, the owners have executed and filed an Owner's Certificate containing consent and dedication for said Plat: and

WHEREAS, the Benton County Board of Supervisors find that the plat would be advantageous to Benton County, Iowa,

NOW, THEREFORE, BE IT RESOLVED by the Benton County Board of Supervisors that said plat of ZRCompany Addition to Benton County, Iowa, will be and the same is hereby acknowledged and approved and accepted on the part of Benton County, Iowa, subject to the following stipulations:

1. Any new driveways will be built to comply with Benton County's driveway resolution dated October 17, 1975 and amended September 4, 1981, and April 17, 2008.

2. Any new water supply will be constructed with the approval of the Benton County Department of Health.

3. Any new sewage treatment system will be constructed with the approval of the Benton County Department of Health.

The Benton County Auditor is hereby directed to certify this Resolution Approving Plat and affix the same to said Plat as provided by law.

This resolution passed and approved on the 31st day of March, 2020.

Benton County Board of Supervisors

______________________________

Rick Primmer, Chairman

______________________________

Gary Bierschenk

______________________________

Tracy Seeman

Attest:

____________________________

Hayley Rippel, Benton County Auditor

EXHIBIT "A"

The east eighty feet of Parcel B, Plat of Survey in the Southeast Quarter of the Northwest Quarter of Section 3, Township 85 North, Range 9 West of the Fifth Principal Meridian, Benton County, Iowa, described as follows:

Commencing at the Center of Section 3, Township 85 North, Range 9 West of the Fifth Principal Meridian; thence

S88"07' 45"W along the south line of the Northwest Quarter of said Section 3, a distance of 484.31 feet; thence

N0"37' 45"W, 69.59 feet to the Southeast Corner of Parcel 8, Plat of Survey in the Southeast Quarter of said Northwest Quarter and the point of beginning; thence continuing N0"37' 45"W along the east boundary of said Parcel 8, 346.33 feet to the Northeast Corner of said Parcel 8; thence N87"46'23"W along the north boundary of said Parcel 8, 80.10 feet; thence S0"37' 45"E, 352.06 feet to the south boundary of said Parcel B; thence N88"07'26"E along said south boundary, 80.02 feet to the point of beginning.

Said parcel contains 0.64 acre, subject to easements and restrictions of record.

Bierschenk moved/Seeman seconded: To approve Resolution #20- 22, Proclamation of Sexual Assault Awareness Month. Motion carried.

RESOLUTION # 20-22

PROCLAMATION OF SEXUAL ASSAULT AWARENESS MONTH

WHEREAS, sexual assault affects individuals of any gender, race, culture or socio-economic backgrounds; and

WHEREAS, in addition to the immediate physical and emotional costs, sexual assault may also have associated consequences of post-traumatic stress disorder, substance abuse, depression, homelessness, eating disorders and suicide; and

WHEREAS, sexual assault can be devastating not only to the survivor, but also for the family and friends of the survivor; and

WHEREAS, since no one person, organization, agency or community can eliminate sexual assault on their own, we must work together to educate our entire population about what can be done to prevent sexual assault, support victims/survivors and their significant others and support those agencies providing services to victims/survivors.

NOW THEREFORE BE IT RESOLVED we the Benton County Board of Supervisors in and for Benton County, on behalf of all staff and citizens of Benton County, that the Month of April 2020 is hereby proclaimed as:

"SEXUAL ASSAULT AWARENESS MONTH"

Signed this 31st day of March, 2020.

_____________________________________

Rick Primmer, Chairman

_____________________________________

Gary Bierschenk

______________________________________

Tracy Seeman

ATTEST:

__________________________________

Hayley Rippel, Benton County Auditor

Seeman moved/Bierschenk seconded: Set FY 20 Budget Amendment hearing date of April 24, 2020 at 9:30 a.m. Motion carried.

Bierschenk moved/Seeman seconded: To approve East Central Iowa REC utility permit for buried electric under 19th Ave. and along 62nd Street Drive in Big Grove Township. Motion carried.

Seeman moved/Bierschenk seconded: To approve utility permit for Gary and Jill Marlow to bury waterline underground along 55th Street in Harrison Township. Motion carried.

Seeman moved/Bierschenk seconded: To approve utility permit for Interstate Power and Light Alliant Energy to bury electric under and along 78th Street Trail in Iowa Township.

Seeman moved/Bierschenk seconded: To approve hire of part-time driver Mark Volesky at $16.50 an hour effective April 1, 2020. Motion carried.

Seeman moved/Bierschenk seconded: To keep the 2020 MC-70 Dust Control fees same as last year. The first 400 feet is $1,185.00 and $2.00 per foot after that with a minimum of 50-foot increments. Motion carried.

Seeman moved/Bierschenk seconded: To enter into closed session pursuant to Iowa Code 21.5(1)c Motion carried at 10:05 a.m.

Bierschenk moved/Seeman seconded: To exit closed session. Motion carried.

Bierschenk moved/Seeman seconded: To adjourn. Motion carried.

_______________________________

Rick Primmer, Chairman

ATTEST: _________________________________

Hayley Rippel, Benton County Auditor