Regular Meeting

May 29, 2007

 

The Board of Supervisor met in Session on the above date with the following members present: Condon, Dencklau, Lizer, Motl and Nolting.   Absent:  None.

 

Moved by Lizer, seconded by Condon to approve minutes of May 22, 2007 regular meeting.  Motion carried unanimously.

 

Moved by Condon, seconded by Dencklau to receive and place on file the following Drainage Repairs:  D.D.#209, D.D.#276, and D.D.#278.  Motion carried unanimously.

 

Public Hearing was held to Amendment of Current Fiscal-Year 2006-2007 Budget.  No written or oral comments were heard. Moved by Dencklau, seconded by Motl to approve Fiscal Year 2006-2007 County Budget amendments and the following department appropriation changes: 

 

Dept. 028 Medical Examiner

Increase

$15,000

Dept. 021 Veteran Affairs - Services to Veterans

Increase

$10,000

Dept 025 General Relief Assistance

Increase

$15,000

Dept. 060 Mental Health/DD

Increase

$316,747

Dept. 099 - Debt Service/Frontier Ethanol TIF Bond Interest

Increase

$137,500

Dept 020 Secondary Road/Roadway Const. Capital Projects

Decrease

$1,200,000

Capital Projects

Increase

$550,000

 

 Motion carried unanimously.

 

Public Hearing was held on authorization of a Loan Agreement and the issuance of Notes to evidence the obligation of the County, not to exceed $220,000, (E911response services).  No written or oral comments were heard.  Moved by Motl, seconded by Lizer to adopt the following Resolution:

 

RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO ECEED $220,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2007

 

 

 (TYPE OUT). 

Motion carried unanimously.  

 

A Public Hearing was held to establish Webster County Ag-Industrial Center Urban Renewal Area.  No written or oral comment were heard.  Moved by Lizer, seconded by Condon to adopt the following resolution:

 

RESOLUTION DETERMINING AN AREA OF THE COUNTY TO BE AN ECONOMIC DEVELOPMENT AREA, AND THAT THE REHABILITATION, CONSERVATION, REDEVELOPMENT, DEVELOPMENT, OR A COMBINATION THEREOF, OF SUCH AREA IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OF THE COUNTY; DESIGNATING SUCH AREA AS APPROPRIATE FOR AN URBAN RENEWAL PROJECT; AND ADOPTING THE WEBSTER COUNTY AG-INDUSTRIAL CENTER URBAN RENEWAL PLAN THEREFOR.

 

 

                WHEREAS, this Board has reasonable cause to believe that the area described below satisfies the eligibility criteria for designation as an urban renewal area under Iowa law; and

 

                WHEREAS, a proposed Webster County Ag-Industrial Center Urban Renewal Plan for the area described below has been prepared, which proposed Plan is on file in the office of the County Auditor and which is incorporated herein by reference; and

 

                WHEREAS, this proposed Urban Renewal Area includes and consists of:

 

The West Half (W1/2) of Section Twenty (20) in Township Eighty-nine (89) North, Range Twenty-nine (29), West of the 5th P.M., Webster County, Iowa:

And

 

The North Part (N) of the Northwest Northwest (NW NW) of Section Twenty-nine (29) in Township Eighty-nine (89) North of Range Twenty-nine (29), West of the 5th P.M., Webster County, Iowa:

And

 

The North Part (N)of the Northeast Northwest (NE NW) of Section Twenty-nine (29) in Township Eighty-nine (89) North of Range Twenty-nine (29), West of the 5th P.M., Webster County, Iowa:

And

All that part of the South Fractional Half (S fri 1/2) lying North of Right of Way of Illinois Central Gulf Railroad Company of Section Nineteen (19), Township Eighty-nine (89) North, Range Twenty-nine (29), West of the 5th P.M., Webster County, Iowa:

And

That part of the North Half (N1/2) of the Northeast Quarter (NE1/4) of Section Thirty (30), Township eighty-nine (89) North, Range Twenty-nine (29), lying North of the Illinois Gulf Central Railroad Company Right of Way, all West of the 5th P.M., Webster County, Iowa:

And

A parcel located in the Northeast Quarter (NE ¼) of Section Nineteen (19), Township Eighty-nine (89) North, Range Twenty-nine (29) West of the 5th P.M., Webster County, Iowa, more particularly described as follows:  Commencing at the North Quarter Corner of said Section 19; thence South 88º43’40”East, 319.68 feet along the north line of said Northeast Quarter to the Northeast Corner of an existing tract as described in County Recorder’s Inst. #2003-00692; thence South 00º14’44” East, 86.20 feet along the east line of said existing tract to a point on the south right of way line of Highway #7 (said point also being the point of beginning); thence South 00º14’44” East, 2540.77 feet along said east line to a point on the south line of said Northeast Quarter; thence North 88º37’57” West, 120.05 feet along said south line; thence North 00º14’44” West, 2540.25 feet to a point on said south right of way line; thence South 88º52’48” East, 120.03 feet along said south right of way line to the point of beginning containing 7.00 acres total.  NOTE: For the purpose of this survey, the north line of said Northeast Quarter was determined to bear South 88º43’40” East using GPS.

 

            WHEREAS, this Area is within two miles of the City of Barnum and the County has entered into a joint agreement with said City to allow the County to operate within the Area; and

 

            WHEREAS, it is desirable that these areas be redeveloped as part of the overall redevelopment area covered by said proposed Urban Renewal Plan to be known hereafter as the “Webster County Ag-Industrial Center Urban Renewal Plan”; and

 

            WHEREAS, the Iowa statutes required the Board of Supervisors to submit the proposed Webster County Ag-Industrial Center Urban Renewal Plan to the Planning and Zoning Commission for review and recommendation as to its conformity with the General Plan for development of the County as a whole, prior to Board of Supervisors approval of such urban renewal project and an urban renewal plan therefore; and

 

            WHEREAS, creation of the Webster County Ag-Industrial Center Urban Renewal Plan Area and adoption of the Webster County Ag0Industrial Center Urban Renewal Plan therefore has been approved by the Planning and Zoning Commission for the County as being in conformity with the general plan for development of the County as a whole, as evidenced by its written report filed herewith and incorporated herein by this reference; and

 

            WHEREAS, a Joint Agreement has been entered into between the County and the City of Barnum as the proposed Urban Renewal Area is within two miles of the City; and

 

            WHEREAS, by resolution adopted on May 1, 2007, this Board directed that a consultation be held with the designated representatives of all affected taxing entities to discuss the proposed Webster County Ag-Industrial Center Urban Renewal Plan and the division of revenue described therein and that notice of said consultation and a copy of the proposed Webster County Ag-Industrial Center Urban Renewal Plan be sent to all affected taxing entities; and

 

            WHEREAS, pursuant to such notice, the consultation was duly held as ordered by the Board of Supervisors and all required responses to the recommendations made by the affected taxing entities, if any, have been timely made as set forth in the report of the Designated Representative filed herewith and incorporated herein by this reference, which report is in all respects approved; and

 

            WHEREAS, by said resolution this Board also set a public hearing on the adoption of the proposed Webster County Ag-Industrial Center Urban Renewal Plan for this meeting of the Board, and due and proper notice of said public hearing was given, as provided by law, by timely publication in the “Fort Dodge Messenger”, which notice set forth the time and place for this hearing and the nature and purposed thereof; and

 

            WHEREAS, in accordance with said notice, all persons or organizations desiring to be heard on said proposed Plan, both for and against, have been given an opportunity to be heard with respect thereto and due consideration has been given to all comments and views expressed to this Board in connection therewith and said public hearing has been closed.

 

            NOW, THEREFORE, BE IT RESOLVED, BY THE BOARD OF SUPERVISORS OF THE COJNTY OF WEBSTER, STATE OF IOWA:

 

            Section 1.  That the findings and conclusions set forth or contained in the proposed “Webster County Ag-Industrial Center Urban Renewal Plan” for the area of Webster County, Iowa legally described and depicted in the Plan and incorporated herein by reference (which area shall hereinafter be known as the “Webster County Ag-Industrial Central Urban Renewal Plan Area”), be and the same are hereby adopted and approved as the findings of this Board for this area.

 

 

            a.         Although relocation is not expected, a feasible method exists for the location of any families who will be displaced from the Webster County Ag-Industrial Center Urban Renewal Plan area into decent, safe and sanitary dwelling accommodations within their means and without undue hardship to such families;

           

b.         The Webster County Ag-Industrial Center Urban Renewal Plan Conforms to the general plan for the development of the County as a whole; and

 

c.         Although acquisition by the City is not expected, as to any areas of open land to

            be acquired by the County included within the Webster County Ag-Industrial Center Urban

            Renewal Plan Area:

 

i.                     Residential use is not expected, however,  with reference to any portions thereof

            which are to be developed for residential uses, this Board of Supervisors hereby determines that a

             shortage of housing of sound standards and design with decency, safety and sanitation exists  

                within the County; that the acquisition of the area for residential uses is an integral part of and essential to

                the program of the municipality; and that one or more of the following conditions exist:

 

                        A. That the need for housing accommodations has been or will be increased as a result of the

                        clearance of slums in other areas, including other portions of the urban renewal area.

 

B.     That conditions of blight in the municipality and the shortage of decent, safe and sanitary housing

                        cause or contribute to an increase in and spread of disease and crime, so as to constitute a menace

                        to the public health, safety, morals, or welfare.

 

C.     That the provision of public improvements related to housing and residential development will

encourage housing and residential development which is necessary to encourage the retention or

relocation of industrial and commercial enterprises in this state and its municipalities.

 

D.     The acquisition of the area is necessary to provide for the construction of housing for low and

Moderate income families.

 

ii.  Non-residential use is expected, and with reference to those portions thereof which are to be developed for non-residential uses, such non-residential uses are necessary and appropriate to facilitate the proper

growth and development of the County in accordance with sound planning standards and local community objectives.

 

Section 3.  That the Webster County Ag-Industrial Center Urban Renewal Plan Area is an economic

            development area within the meaning of Iowa Code Chapter 403; that such area is eligible for designation as an

         urban renewal area and otherwise meets all requisites under the provisions of Chapter 403 of the code of Iowa; and

that the rehabilitation, conservation, redevelopment, development, or a combination thereof, of such area is necessary in the interest of the public health, safety or welfare of the residents of this County.

 

               Section 4.  That the Webster County Ag-Industrial Center Urban Renewal Plan, attached hereto as Exhibit A incorporated herein by reference, be and the same is hereby approved and adopted as the “Webster County Ag-Industrial Center Urban Renewal Plan for the Webster County Ag-Industrial Center Urban Renewal Plan Area’; the Webster County Ag-Industrial Center Urban Renewal Plan for such area is hereby in all respects approved; and the County Auditor is hereby directed to file a certified copy of said Webster County Ag-Industrial Center Urban Renewal Plan with the proceedings of this meeting.

 

                Section5.  That the Webster County Ag-Industrial Center Urban Renewal Plan for the Webster County Ag-Industrial Center Urban Renewal Plan Area shall be in full force and effect from the date of this resolution until the later of the date of termination set forth in the Webster County Ag-Industrial Center Urban Renewal Plan or the date on which payment of all obligations issued or advances made to carry out the purposes thereof shall be fully provided for. Said Webster County Ag-Industrial Center Urban Renewal Plan shall be forthwith certified by the County Auditor, along with a copy of this Resolution, to the Recorder for Webster County State of Iowa to be filed and recorded in the manner provided by law.

 

               PASSED AND APPROVED this 29th day of May, 2007.

 

s/ Greg Nolting

Chairperson, Board of Supervisors

 

ATTEST:

 

 

s/Carol Messerly

County Auditor

 

Motion carried unanimously.

 

Moved by Condon, seconded by Dencklau to approve temporary part time employment of Dalton Gurnett and Devon Gurnett  at the rate of $7.00 per hour; 10 hours per week, to assist with paddleboat rentals, per recommendation of Matt Cosgrove, Conservation Director.  Motion carried unanimously.

 

Moved by Dencklau, seconded by Motl to approve and authorize Chair to sign Fiscal Year 2008 Public Health Services Contract.  (Copy on file in Auditor’s office).  Motion carried unanimously.

 

Moved by Motl, seconded by Lizer to direct the County Auditor to redeem Tax Sale Certificate No. R040430, per Iowa Code Section 427.9(3).  Motion carried unanimously.

 

Moved by Lizer, seconded by Condon to approve and authorize Chair to sign resolution that temporarily closes 210th Street between Hayes and Johnson Avenues in Section 32, Douglas Township for railroad crossing repairs.  Motion carried unanimously.

 

Moved by Condon, seconded by Dencklau to approve and authorize Chair to sign utility permit application from Prairie Energy Cooperative to replace outdated overhead electric line along the south side of 190th Street and the east side of Xavier Avenue in Section 24, Colfax Township.  (Copy on file in Engineer’s office).  Motion carried unanimously.

 

Moved by Dencklau, seconded by Motl to allow claims.  Motion carried unanimously.

 

Moved by Motl, seconded by Lizer the meeting adjourn.  Motion carried unanimously.