Regular Meeting

December 5, 2006

 

The Board of Supervisor met in Session on the above date with the following members present: Magnusson, Condon, Gill, Nolting and Lizer.

 

Moved by Lizer, seconded by Gill to approve minutes of November 28, 2006 regular meeting.  Motion carried unanimously.

 

Moved by Gill, seconded by Condon to receive and place on file the following drainage repairs:   D.D.#4 Webster & #272 Hamilton and D.D.#57.  Motion carried unanimously.

 

Moved by Condon, seconded by Magnusson to receive and place on file Manure Management Plans for Envirotech Powerwashing and Ag. Services, LLC.8 and LLC.9, in Section 32, Yell Township and RGT Carlson Inc. in Section 26, Gowrie Township.  (Copies on file in Auditor’s office).  Motion carried unanimously.

 

Moved by Magnusson, seconded by Lizer to approve and authorize Chair to sign the following Agreement: 

 

AGREEMENT

 

                THIS AGREEMENT made this 27th day of November, 2006 by and between THE CITY OF FORT DODGE, IOWA (hereafter “City”) and WEBSTER COUNTY, IOWA (hereafter “County”).

 

RECITALS

 

                WHEREAS, the City is the fee title owner to property described as lots 7, 8, 9, 10, 11, and 12 in Block 53 of Original Town Addition to the City of Fort Dodge,:

 

                WHEREAS, the City currently uses the property to provide parking for the downtown area:

 

                WHEREAS, the property is not fully utilized for parking purposes and the County is interested in obtaining Lots 7, 8, 9, and the North 45 feet of Lot 10 in Block 53 of Original Town Addition to the City of Fort Dodge for the purpose of construction a new facility for the Webster County Disabilities Alliance and other County programs:

 

                WHEREAS, the proposed building does not fit within the zoning setback requirements of the OC (Official Commercial) district and a change to the BC (Business Commercial) district is needed: and,

 

                WHEREFORE, in exchange for the mutual promises set forth herein the parties agree as follows:

 

                ARTICLE I DESCRIPTION OF DISPOSITION AND IMPROVEMENTS

 

The property disposition and improvements that are subject of this agreement are as follows:

 

1.                    Property disposition. The City will sell the County Lots 7, 8, 9, and the North 45 feet of Lot 10 in Block 53

Of Original Town Addition to the City of Fort Dodge for $13,000.  The Disposition is subject to a future

Public Hearing.

2.                    Improvements.  The County will construct a new building and parking lot facility for the Webster County

Disabilities Alliance at a minimum cost of $1.6 Million.

3.                    Zoning. The City will change the zoning classification for the transferred property from OC (Office

Commercial) to BC (Business Commercial).

 

ARTICLE II – MISCELLANEOUS

 

1.                    This Agreement shall be governed and construed under the laws of the State of Iowa, §364.7.

2.                    The Agreement and Exhibits here referenced shall constitute the entire contract between the parties and supersedes all other written and oral agreements, discussions, and negotiations.  The terms of the Agreement may not be amended except in writing by agreement of all the parties.

3.                    The rights and obligations in the Agreement shall be binding on and inure to the benefit of, the parties’ successors in interest.

4.                    The Agreement shall expire January 1, 2008

5.                    The undersigned are duly authorized by the party for which they sign this Agreement and this Agreement constitutes a binding contract and not a mere recital.

 

This agreement dated this 5th day of December,  2006 in Fort Dodge, Iowa.

 

                                                                                    WEBSTER COUNTY

               

                                                                                            By       S/Greg Nolting, Chairman

              ATTEST: S/Carol Messerly       

                                                                                                                      Greg Nolting, Chairman

                                Subscribed and sworn to before me by the said   Carol Messerly, County Auditor, this 5th day of December,

                                2006.

                                                                                                                            S/Alan Wooters

                                                                                                                            Notary Public  in and for the State of Iowa

 

                                                                                                                            CITY OF FORT DODGE

                                               

                                                                                                                             By     S/ Terry J. Lutz, Mayor

            ATTEST: S/Penny A. Clayton

 

                                Subscribed and sworn to before me by the said Terry J. Lutz, Mayor, and Penny A. Clayton, Clerk, as representatives of the City of Fort Dodge,  this  28th day of November, 2006

 

                                                                                                                                S/Michelle Heflley

                                                                                                                                Notary Public in and for the State of Iowa

               

Motion carried unanimously.

 

Moved by Lizer, seconded by Gill to approve and authorize salary increase for Michelle Lara, part time cook for the Jail, to $11.65 per hour effective November 18, 2006. Motion carried unanimously.

 

Moved by Gill, seconded by Condon to receive and place on file salary increase for Vicki Claude to $1,753.02 every two weeks, effective January 1, 2007, and Peggy Gimer to $1,753.02 every two weeks, effective January 1, 2007, and Lavonne Pringle to $1,342.26 every two weeks, effective January 1, 2007.  Motion carried unanimously.

 

Moved by Condon, seconded by Magnusson to approve and authorize Chair to sign resolution to temporarily close Hawkeye Avenue in Section 8 and 300th Street between Sections 8 and 17, all in Clay Township to install tile crossing.  Motion carried unanimously.

 

Clarence Hoffman representing Iowa Communities Assurance Pool to update board.  No action taken.

 

Moved and seconded the meeting adjourned.