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July 18, 2006 The
Lee County Board of Supervisors met on Tuesday, July 18, 2006 at 9:00 A.M.,
at the South Lee County Courthouse in Keokuk. Present: Joe Kowzan, Larry Kruse, Rick Larkin and Bob Woodruff. All votes are unanimous unless otherwise
indicated. Moved
by Kowzan, seconded by Larkin, to approve the Wednesday, July 5, 2006 and
Tuesday, July 11, 2006 board minutes. Motion carried. At
9:02 A.M. Vice-Chair Kruse opened a public hearing on a proposal to vacate certain
streets in the Unincorporated Town of Vincennes and to deed by quit claim
deed the former streets to adjoining land owners, Shawn E. Case and Irene
Case. Shawn Case was present and asked the Board to consider adding a platted
alley to the resolution. There were no written comments received by the
Board. At 9:05 A.M., it was moved by Kowzan, seconded by Larkin, to close the
public hearing. Roll call: Kowzan-aye, Larkin-aye, Woodruff-aye and
Kruse-aye. Motion carried. Moved by Kowzan, seconded by Larkin, to approve
the following resolution: RESOLUTION
#2006-58
A resolution of the Lee County Board of
Supervisors vacating certain streets in the unincorporated town of Vincennes
and to deed by quit claim deed the former streets to adjoining land owners, Shawn
E. Case and Irene Case WHEREAS, Vincennes is an unincorporated town
located in Des Moines Township, Lee County, Iowa; and, WHEREAS, Shawn Case has requested that the Lee
County Board of Supervisors vacate certain street as platted for the Town of
Vincennes; and WHEREAS, the proposed vacated street abuts
property owned by Shawn Case and Irene Case, and the said Shawn Case and
Irene Case would be the only property owners effected by the vacation; and, WHEREAS, the Lee County Engineer’s Office has
recommended the vacation of the these platted streets and provided
appropriate legal descriptions; and WHEREAS, pursuant to Section 354.23, Code of
Iowa, a county may vacate part of an official plat that had been conveyed to
the county or dedicated to the public which is deemed by the Board of
Supervisors to be of no benefit to the public; and, WHEREAS, Section 354.23 further provides
that the county shall vacate by resolution following a public hearing and the
vacating instrument shall be recorded; and the county may convey the vacated
property by deed or may convey the property to adjoining proprietors through
the vacation instrument; and, WHEREAS, the Lee County Engineer has
submitted proposed legal descriptions for quit claim deeds to Shawn Case and
Irene Case and, WHEREAS, a public hearing was held on the 18th
day of July, 2006, at 9:02 a.m., with notice duly published not
less than four (4) nor more than twenty (20) days prior to the date and time
fixed for hearing. NOW
THEREFORE, BE IT RESOLVED
that the Lee County Board of Supervisors hereby determines that the following
described platted street is of no benefit to the public and should therefore
be vacated: All that part of the north street in the
unincorporated Town of Vincennes, Iowa, in the Southeast Quarter (S.E. ¼) of
Section Twenty (20) Township Sixty-six (66) North Range Six (6) West of the 5th
Principle Meridian, Lee County, Iowa, lying east of 175th Avenue as
it now exists and north of a portion of Lot Eight (8), all of Lots Nine (9)
and Ten (10) all in Block Five (5), the street between Blocks Five (5) and
Six (6) and north Lots Six (6) and Seven (7) in Block Six (6) all in said
Town of Vincennes, being 0.43 acres, more or less. BE IT
FURTHER RESOLVED
that the Lee County Board of Supervisors deed by quit claim deed the
following described property to Shawn E. Case: All that part of the north street in the
unincorporated Town of Vincennes, Iowa, in the Southeast Quarter (S.E. ¼) of
Section Twenty (20) Township Sixty-six (66) North Range Six (6) West of the 5th
Principle Meridian, Lee County, Iowa, lying east of 175th Avenue
as it now exists and north of a portion of Lot Eight (8), all of Lots Nine
(9) and Ten (10) all in Block Five (5), the street between Blocks Five (5)
and Six (6) and the West half (W ½) of the Sixty (60) foot street between
Blocks Five (5) and Six (6), all in said Town of Vincennes, being 0.22 acres,
more or less. BE IT
FURTHER RESOLVED
that the Lee County Board of Supervisors deed by quit claim deed the
following described property to Irene Case: All that part of the north street in the
unincorporated Town of Vincennes, Iowa, in the Southeast Quarter (S.E. ¼) of
Section Twenty (20) Township Sixty-six (66) North Range Six (6) West of the 5th
Principle Meridian, Lee County, Iowa, lying east of 175th Avenue
as it now exists and north of a Lot Six (6), and Seven (7), Block Six (6) and
the East half (E ½) of the Sixty (60) foot street between Blocks Five (5) and
Six (6), all in said Town of Vincennes, being 0.21 acres, more or less. The Chairman of the Lee County Board of
Supervisors shall be authorized to sign both quit claim deeds on behalf of
Lee County. No monetary consideration will be required. Upon approval, the
Notice of Public Hearing, the Affidavits of proof of publication and the
final resolution shall be submitted to the South Lee County Recorder for
recording. Dated at Keokuk, Iowa, this the 18th
day of July, 2006. Lee County Board of Supervisors. /s/ Larry
W. Kruse, Vice-Chair, /s/ Robert J. Woodruff, Member, /s/ Rick Larkin,
Member, /s/ Joseph W. Kowzan, Member. Attest: /s/ Anne Pedersen, Lee County
Auditor. Motion carried. At
9:07 A.M., Vice-Chair Kruse opened a public hearing concerning Beckert’s
Subdivision. There were no written or oral comments received by the Board. At
9:08 A.M., it was moved by Larkin, seconded by Kowan, to close the public
hearing. Roll call: Larkin-aye, Kowzan-aye, Woodruff-aye and Kruse-aye.
Motion carried. Moved by Woodruff, seconded by Kowzan, to waive the
preliminary plat for Beckert’s Subdivision. Motion carried. Moved by Larkin,
seconded by Woodruff, to approve the following resolution: RESOLUTION
#2006-59
RESOLUTION OF THE LEE COUNTY BOARD OF SUPERVISORS
APPROVING THE FILING OF A
CERTAIN PLAT TO BE KNOWN AS BECKERT’S SUBDIVISION TO THE NORTH ½ OF THE
NORTHEAST ¼ OF SECTION 25, TOWNSHIP 68 NORTH, RANGE 4 WEST OF THE 5TH
PRINCIPAL MERIDIAN, LEE COUNTY, IOWA WHEREAS, The
Lee County Board of Supervisors makes the following findings: 1. That
David R. Wolfe, a registered land surveyor has surveyed certain lands in the
north half of the northeast quarter of section 25, township 68 north, range 4
west of the 5th principal meridian, Lee County, Iowa. 2. The
Auditor’s Office has reviewed the proposed plats and finds the descriptions
contained therein to be sufficiently certain and accurate for assessment and
taxation purposes. 3. The
parcel meets the requirements of §354.4 in that each parcel is identified by
letter or number designation; the names of the proprietor appears on the
plat. There is an accurate
description of each parcel. There is
a statement of the total acreage in each parcel. There is a statement of acreage or any portion lying within a
public right-of-way. 4. The
Board of Supervisors finds that the subdivision conforms to the Lee County
Comprehensive Plan. The Board has
given consideration to the possible burden on the public improvements and
balanced the interests of the proprietor, future purchasers and the public
interest in the subdivision when reviewing the proposed subdivision and the
requirements of the installation of public improvements in conjunction with
the approval of the subdivision. 5. There is a statement from the proprietors
of the subdivision and spouse, if any, that the
plat is prepared with their free consent and in accordance with their desire
and signed and acknowledged before an officer authorized to take
acknowledgements. The statement of
the proprietors may also include a dedication to the public of all lands
within the plat that are designated for streets, alleys, parks, open areas, school
property or other public use. 6. There is a statement from the mortgage
holder or other lien holder, if any, that the plat is prepared with their
free consent and in accordance with their desire, signed and acknowledged
before an officer authorized to take deeds or if there is no consent from the
mortgage or lien holders there was an affidavit and bond as provided for in
§354.12 of the Code of Iowa. 7. There
is an opinion from an attorney at law who has examined the abstract of title
to the land being platted. The
opinion states the name of the proprietors and the holders of mortgages,
liens or other encumbrances on the land being platted and notes all
encumbrances and bonds securing the encumbrances. 8. There
has been filed a certified resolution of each governing body as required by §358.4
either approving the subdivision or waiving the right to review. 9. There
has been prepared a certificate from the Treasurer of Lee County that the
land is free from certified taxes and certified special assessments. 10. The Board further finds that the requirements
of the Lee County Ordinance Title VI, Chapter 7, requiring review and
approval by the recorder and the auditor have been complied with. 11. If the
proposed subdivision falls within the two mile extraterritorial zoning of any
city with extraterritorial rights that city has indicated their approval
and/or has waived its rights to approval. 12. It
further appearing that the Lee County Health Department has reviewed the
proposed subdivision and has accepted the lot size as having adequate surface
space for appropriate on-site sewage systems on each lot. IT NOW THEREFORE appears that these and any other provisions of
law affecting the platting of the subdivision have been complied with to the
satisfaction of the Lee County Board of Supervisors. BE IT THEREFORE
RESOLVED
that the plat, a copy of which is attached, be and is hereby approved and
accepted by the Lee County Board of Supervisors and the Board shall certify
copies of this resolution as may be required to the official plat in
connection with the formal platting of the said Beckert’s Subdivision to the
North ½ of the Northeast ¼ of section 25 township 68 north range 4 west of
the 5th principal meridian, Lee County, Iowa, a subdivision in Lee County,
Iowa. Passed and approved this the 18th day of July,
2006. Lee County Board of Supervisors. /s/ Larry
W. Kruse, Vice-Chair, /s/ Robert J. Woodruff, Member, /s/ Rick Larkin,
Member, /s/ Joseph W. Kowzan, Member. Attest: /s/ Anne Pedersen, Lee County
Auditor. Motion carried. CPC
Administrator Jim Posz asked the Board to consider raising the internal
billing charge for the county car. After discussion, it was moved by Kowzan,
seconded by Larkin, to raise the internal billing charge for the county car
usage from .20 per mile to .30 per mile, effective August 1, 2006. Motion
carried. Mike
Saltzgaver gave the Board his resignation as Weed Commissioner, effective
August 1, 2006. The Board requested the resignation in writing. There
were no citizen comments, questions or concerns. Moved
by Kowzan, seconded by Larkin, to approve the following resolution: RESOLUTION
#2006-60
We the Lee
County Board of Supervisors, as a member of Regional Utility Service Systems
(RUSS), do hereby approve and authorize RUSS to enter into a “Joint Agreement
for the Erection, Maintenance, and Operation of Plants and Systems for
Sanitary Sewer Services” with LEE COUNTY BOARD OF SUPERVISORS. In testimony whereof, the member counties
duly authorize the Regional Utility Service Systems Commission to execute
this Agreement and issue such revenue bonds or assume other debt obligations
for the project as is necessary. Lee County Board of Supervisors. /s/ Larry
W. Kruse, Vice-Chair, /s/ Robert J. Woodruff, Member, /s/ Rick Larkin,
Member, /s/ Joseph W. Kowzan, Member. Attest: /s/ Anne Pedersen, Lee County
Auditor. Motion carried. Moved
by Kowzan, seconded by Larkin, to approve a joint agreement with RUSS for the
erection, maintenance and operation of plants and systems for sanitary sewer
services. Motion carried. Moved
by Kowzan, seconded by Larkin, to approve a sub recipient agreement with RUSS
for a federally funded project. Kowzan withdrew his motion. Moved by
Woodruff, seconded by Kruse, to table this matter until the Board receives
something in writing from Southeast Iowa Regional Planning that a grant
application with the Iowa Department of Economic Development had been
approved. Motion carried. New
Business: Supervisor Kowzan asked the Board to consider implementing a tax
exemption policy for new or existing businesses in the unincorporated areas
of the county to encourage growth and economic development. The Board will
discuss this further at next week’s meeting. Commission/Committee
Reports: Supervisor Kowzan attended regular meetings of the Conservation
Board and the Geode RC&D. He will also be attending a Regional Planning
meeting on Tuesday, July 18, 2006. Supervisor Larkin will attend a Community
Action meeting on Tuesday, July 18, 2006. Supervisor Kruse attended a Crime
Commission meeting. The County will be receiving a $5000 rebate from the
Juvenile Detention Center. He also attended a Quad County Decat meeting where
they approved the Decat budget. Moved by Woodruff, seconded by Kowzan,
to approve the claims for payment. Motion
carried. Received and filed the South Lee County
Auditor’s Report of Fees Collected for the quarter ending June 30, 2006. Approved the Treasurer’s Semi-Annual
Report for the period January 1, 2006 through June 30, 2006 as follows:
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