February 6, 2018

The Benton County Board of Supervisors met in regular adjourned session with Supervisors, Wiley and Bierschenk present. Primmer was absent in person but called in during closed sessions. The meeting was called to order by Co-Chairman Wiley at 8:30 a.m. Unless otherwise noted, all actions were approved unanimously.

Bierschenk moved/Wiley seconded: To enter into closed session pursuant to Iowa Code 21.5(c). Motion carried at 8:30 a.m.

Bierschenk moved/ Wiley seconded: To return to open session at 8:55 a.m. Motion carried.

Bierschenk moved/Primmer seconded: To not entertain the settlement offer that was discussed in closed session. Motion carried.

Bierschenk moved/Wiley seconded: To approve minutes of January 29, 2018 and January 30, 2018. Motion carried.

Bierschenk moved/Wiley seconded: To approve Resolution #18-9, Granting variance to Sub-Division. Motion carried.

RESOLUTION #18-9

Variance to the Benton County Subdivision Ordinance

WHEREAS, Benton County adopted the Benton County Subdivision Ordinance #72; 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 by Jill Ferguson and Timmy Johnson to vary the required provisions in Article IV, Sections 4.01 through 4.05; Article V, Sections 5.01 through 5.07; Article VI, 6.2 through 6.03 and 6.05 (f); and Article VII, Section 7.01 of the ordinance to allow for two additional divisions on a parcel located in the NE ¼ SE ¼ of 2-84-9.

NOW THEREFORE BE IT RESOLVED by the Benton County Board of Supervisors that the requirements of Ordinance #72 are hereby varied as stated for the division of real property located in a parcel within the NE ¼ of SE ¼ in section 2-84-9.

Adopted this 6th day of February, 2018.

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Todd A. Wiley, Co-Chairman

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Gary Bierschenk

ATTEST:

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Hayley Rippel, Benton County Auditor

Bierschenk moved/Wiley seconded: To approve Resolution #18-10, Granting variance to Sub-Division. Motion carried.

RESOLUTION #18-10

Variance to the Benton County Subdivision Ordinance

WHEREAS, Benton County adopted the Benton County Subdivision Ordinance #72; 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 by Becky Beauchamp to vary the required provisions of Ordinance #72 to allow one additional division in part of Parcel A in NW ¼ 18-84-9.

NOW THEREFORE BE IT RESOLVED by the Benton County Board of Supervisors that the requirements of Ordinance #72 are hereby varied in its entirety for one additional division of real property located in a part of Parcel A in the NW ¼ in Section 18-84-9, subject to the stipulation that the additional parcel being created will not be allowed to become residential or commercial property at any time in the future.

Adopted this 6th day of February, 2018.

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Todd A. Wiley, Co-Chairman

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Gary Bierschenk

ATTEST:

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Hayley Rippel, Benton County Auditor

Bierschenk moved/Wiley seconded: To approve Resolution #18-11, Granting variance to Sub-Division. Motion carried.

RESOLUTION #18-11

Variance to the Benton County Subdivision Ordinance

WHEREAS, Benton County adopted the Benton County Subdivision Ordinance #72; 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 by Jodene Ludden to vary the required provisions of Ordinance #72, to allow one additional division on the easterly portion of Lot 1, Ludden First Addition to Benton County, that would allow the existing residential structure to be split and conveyed allowing Bradley and Alycia Ludden all associated rights with ownership.

NOW THEREFORE BE IT RESOLVED by the Benton County Board of Supervisors that the requirements of Ordinance #72 are hereby varied in its entirety as stated for the one additional division of real property located within Lot 1, Ludden First Addition to Benton County, located within the SE ¼ in section 10-86-10.

Adopted this 6th day of February, 2018.

____________________________________

Todd A. Wiley, Co-Chairman

____________________________________

Gary Bierschenk

ATTEST:

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Hayley Rippel, Benton County Auditor

Bierschenk moved/Wiley seconded: To authorize chair to sign final IDOT pay voucher for $30,000 on asphalt paving on along E36. Motion carried.

Bierschenk moved/Wiley seconded: To enter into closed session pursuant to Iowa Code 21.5(1)j. Motion carried at 10:00 a.m.

Bierschenk moved/ Primmer seconded: To return to open session at 3:30 p.m. Motion carried.

Bierschenk moved/Wiley seconded: To have the County Auditor and County Attorney proceed with what was discussed in closed session. Motion carried.

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

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Todd Wiley, Co-Chairman

ATTEST: _________________________________

Hayley Rippel, Benton County Auditor