Board of Supervisors

Webster County Board of Supervisors
Fort Dodge, IA 50501

 

Board of Supervisiors Meeting
Tuesday January 31, 2012

10:00 a.m. Board of Supervisors' Room
Webster County Courthouse

The Board of Supervisors met in Session on the above date with the following members present:  Dencklau, Singer, Peterson, Condon and Fletcher.   Absent:  None.

At 9:00a.m. the Board of Supervisors, acting as the Canvassing Board for Drainage District No. 96 Director District No. 1 Trustee Election held on January 21, 2012.  Moved by Peterson, seconded by Condon to approve the following as the Official Canvass of said election held on January 21, 2012:  Dale Gerken received 5 (five) votes; scattering 0 (zero) votes; Dale Gerken declared duly elected as Director District No. 1 Trustee for Drainage District No. 96, Webster County, Iowa.
Motion carried unanimously.

Moved by Peterson, seconded by Condon to approve minutes of the January 24, 2012 regular meeting. Motion carried unanimously.

Moved by Condon, seconded by Fletcher to approve Back to Basics Country Store Beer Permit Renewal Application.  Motion carried unanimously.

Moved by Fletcher, seconded by Dencklau to approve and authorize transfer from the General Basic Fund to Conservation Trust Fund in the amount of $5,167.23, the unexpended balance for Fiscal Year 2011.  Motion carried unanimously.

Moved by Dencklau, seconded by Peterson to approve and authorize Chair to sign Change Order No. 7 for 2010 Jail Repairs increasing contract with Kolacia Construction in the amount of $72, 480.69.  Motion carried unanimously.

Moved by Peterson, seconded by Condon to approve and authorize Chair to sign Project Grant Agreement with Iowa Homeland Security and Emergency Management Division for Webster County Property Acquisition Project, Project No. DR-1880-94-01.  (Copy on file in Auditor’s office).  Motion carried unanimously.

Moved by Condon, seconded by Fletcher to adopt Resolution setting dates of a consultation and a public hearing on a proposed Amendment No. 1 to the Webster County Regional Urban Renewal Plan in Webster County, State of Iowa.

 

RESOLUTION SETTING DATES OF A CONSULTATION AND A PUBLIC HEARING ON A PROPOSED AMENDMENT NO. 1 TO THE Webster County REGIONAL URBAN RENEWAL PLAN IN Webster County, STATE OF IOWA

            WHEREAS, by Resolution adopted May 29, 2007, this Board found and determined that certain areas located within the County are eligible and should be designated as an urban renewal area under Iowa law, and approved and adopted the Webster County Ag-Industrial Center Urban Renewal Plan (the "Plan") for the Webster County Ag-Industrial Center Urban Renewal Plan Area (the "Urban Renewal Area") described therein, which Plan is on file in the office of the Recorder of Webster County; and

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

Webster County Ag – Industrial Center
Urban Renewal Area

Original Area - 2007

The West Half (W ½ ) of Section Twenty (20), 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 Quarter of the  Northwest Quarter (NW ¼  NW ¼ ) North of the Railroad in Section Twenty-nine (29), 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 Northeast Quarter of the  Northwest Quarter (NE ¼  NW ¼ ) North of the Railroad in Section Twenty-nine (29), Township Eighty-nine (89) North, Range Twenty-nine (29), West of the 5th P.M., Webster County, Iowa; And

All that part of the South Fractional Half (S frl 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 (N ½ ) of the Northeast Quarter (NE ¼) 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 88°43’40” 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 00°14’44” 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 00°14’44” East, 2540.77 feet along said east line to a point on the south line of said Northeast Quarter; thence North

88°37’57” West, 120.05 feet along said south line; thence North 00°14’44” West, 2540.25 feet to a point on said south right of way line; thence South 88°52’48” 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 88°43’40” East using GPS.

            WHEREAS, County staff has caused there to be prepared a form of Amendment No. 1 to the Plan, a copy of which has been placed on file for public inspection in the office of the County Auditor and which is incorporated herein by reference, the purpose of which is to add additional land in order to accommodate new urban renewal projects and to rename the district from the Webster County Ag-Industrial Center Urban Renewal Area to the Webster County Regional Urban Renewal Area; and

            WHEREAS, the proposed urban renewal area to be added by this Amendment is within two miles of the City of Barnum and the County will enter into a joint agreement with said City to allow the County to operate within the Area; and

            WHEREAS, the proposed urban renewal area includes land classified as agricultural land and written permission of the current owners will be obtained; and

WHEREAS, it is desirable that these areas be redeveloped as part of the overall redevelopment area covered by the Amendment;

            WHEREAS, this proposed Amendment No. 1 to the Urban Renewal Area adds land, as follows:

Area added as a result of Amendment #1 - 2012

Block 1 Lots 5,6,7,8, and 9, and adjoining alley, Block 4 lots 5, 6, 7, 8, 9 and Vacated Alley of the Original Town of Tara, Iowa; AND
Iowa Highway 7 from Fairbanks Avenue east approximately 2.5 miles to north-south Union Pacific railroad crossing at the northeast corner of Valero property; AND
Hayes Avenue south from Iowa Highway 7 south and east approximately 1.5 miles to north-south Union Pacific railroad crossing at the southeast corner of Cargill property in Tara; AND
First Street south from Powers Street to Hayes Avenue in Original Towns of Tara, Iowa; AND
Powers Street between First Street and Taylor Street in Original Towns of Tara, Iowa; AND
Taylor Street south from 200th Street to Hayes Avenue; AND
Harvest Avenue from Iowa Highway 7 south approximately 0.5 mile to Cargill property; AND
Fairbanks Avenue from Iowa Highway 7 south approximately 0.75 mile to the east-west Canadian National Railroad crossing; AND
The Northwest Quarter (1/4) of Section 24,  Township Eighty-nine (89) North, Range Thirty (30), West of the 5th P.M.,  AND

The Northeast Quarter (1/4) of Section 24,  Township Eighty-nine (89) North, Range Thirty (30), West of the 5th P.M., and

The Southwest (1/4) of Section 24 North of the Railroad,  Township Eighty-nine (89) North, Range Thirty (30), West of the 5th P.M., AND

The Southeast (1/4) of Section 24 North of the Railroad,  Township Eighty-nine (89) North, Range Thirty (30), West of the 5th P.M., AND

The Northwest Quarter (1/4) of Section 19, Township Eighty-nine (89) North, Range Twenty-Nine (29), West of the 5th P.M.,  AND

The Northeast Quarter (1/4) of Section 19, Township Eighty-nine (89) North, Range Twenty-Nine (29), West of the 5th P.M., Webster County, Iowa.

The area includes the full right-of-way of all adjacent roads.

            WHEREAS, the Iowa statutes require the Board of Supervisors to submit the proposed Amendment No. 1 to the Webster County Regional  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 approval of such Amendment, and further provides that the Planning and Zoning Commission shall submit its written recommendations thereon to this Board within thirty (30) days of its receipt of such proposed Amendment No. 1 to the Webster County Regional  Urban Renewal Plan; and

            WHEREAS, the Iowa statutes further require the Board of Supervisors to notify all affected taxing entities of the consideration being given to the proposed Amendment No. 1 to the Webster County Regional  Urban Renewal Plan and to hold a consultation with such taxing entities with respect thereto, and further provides that the designated representative of each affected taxing entity may attend the consultation and make written recommendations for modifications to the proposed division of revenue included as a part thereof, to which the County shall submit written responses as provided in Section 403.5, as amended; and

          WHEREAS, the Iowa statutes further require the Board of Supervisors to hold a public hearing on the proposed Amendment No. 1 to the Webster County Regional  Urban Renewal Plan subsequent to notice thereof by publication in a newspaper having general circulation within the County, which notice shall describe the time, date, place and purpose of the hearing, shall generally identify the urban renewal area covered by the Amendment and shall outline the general scope of the urban renewal project under consideration, with a copy of the notice also being mailed to each affected taxing entity.

            NOW THEREFORE, BE IT RESOLVED, BY THE Board of Supervisors OF Webster County, STATE OF IOWA:

            Section 1. That the consultation on the proposed Amendment No. 1 to the Webster County Regional  Urban Renewal Plan required by Section 403.5(2) of the Code of Iowa, as amended, shall be held on the 7th day of February, 2012, in the Board Room, County Courthouse, 701 Central Avenue, Fort Dodge, Iowa, at 10:00 o'clock A.M., and the Designated Representative is hereby appointed to serve the County for purposes of conducting the consultation, receiving any recommendations that may be made with respect thereto and responding to the same in accordance with Section 403.5(2).

            Section 2. That the County Auditor is authorized and directed to cause a notice of such consultation to be sent by regular mail to all affected taxing entities, as defined in Section 403.17(1), along with a copy of this Resolution and the proposed Amendment No. 1 to the

Webster County Regional Urban Renewal Plan, the notice to be in substantially the following form:
NOTICE OF A CONSULTATION TO BE HELD BETWEEN Webster County, STATE OF IOWA AND ALL AFFECTED TAXING ENTITIES CONCERNING THE PROPOSED AMENDMENT NO. 1 TO THE Webster County Regional URBAN RENEWAL PLAN FOR Webster County, STATE OF IOWA

            Webster County, State of Iowa will hold a consultation with all affected taxing entities, as defined in Section 403.17(1) of the Code of Iowa, as amended, commencing at 10:00 o'clock A.M. on February 7, 2012, in the Board Room, County Courthouse, 701 Central Avenue, Fort Dodge, Iowa concerning a proposed Amendment No. 1 to the Webster County Regional Urban Renewal Plan, a copy of which is attached hereto.

            Each affected taxing entity may appoint a representative to attend the consultation. The consultation may include a discussion of the estimated growth in valuation of taxable property included in the proposed Urban Renewal Area, the fiscal impact of the division of revenue on the affected taxing entities, the estimated impact on the provision of services by each of the affected taxing entities in the proposed Urban Renewal Area, and the duration of any bond issuance included in the Amendment.

            The designated representative of any affected taxing entity may make written recommendations for modifications to the proposed division of revenue no later than seven days following the date of the consultation. The Designated Representative of Webster County, State of Iowa, shall submit a written response to the affected taxing entity, no later than seven days prior to the public hearing on the proposed Amendment No. 1 to the Webster County Regional Urban Renewal Plan, addressing any recommendations made by that entity for modification to the proposed division of revenue.

            This notice is given by order of the Board of Supervisors of Webster County, State of Iowa, as provided by Section 403.5 of the Code of Iowa, as amended.

            Dated this 31st day of January 2012.

s/Carol Messerly
County Auditor, Webster County, State of Iowa

 

            Section 3. That a public hearing shall be held on the proposed Amendment No. 1 to the Webster County Regional  Urban Renewal Plan before the Board of Supervisors at its meeting which commences at 10:30 o'clock A.M. on February 28, 2012, in the Board Room, County Courthouse, 701 Central Avenue, Fort Dodge, Iowa.

            Section 4. That the County Auditor is authorized and directed to publish notice of this public hearing in The Gowrie News, The Dayton Review, and The Messenger, once on a date not less than four (4) nor more than twenty (20) days before the date of the public hearing, and to mail a copy of the notice by ordinary mail to each affected taxing entity, such notice in each case to be in substantially the following form:

NOTICE OF PUBLIC HEARING TO CONSIDER APPROVAL OF A PROPOSED AMENDMENT NO. 1 TO THE Webster County Regional  URBAN RENEWAL PLAN FOR AN URBAN RENEWAL AREA IN Webster County, STATE OF IOWA

            The Board of Supervisors of Webster County, State of Iowa, will hold a public hearing before itself at its meeting which commences at 10:30 o'clock A.M. on February 28, 2012 in the Board Room, County Courthouse, 701 Central Avenue, Fort Dodge, Iowa, to consider adoption of a proposed Amendment No. 1 to the Webster County Regional Urban Renewal Plan (the "Amendment") concerning an Urban Renewal Area in Webster County, State of Iowa, legally described as follows:

Area added as a result of Amendment #1 - 2012

Block 1 Lots 5,6,7,8, and 9, and adjoining alley, Block 4 lots 5, 6, 7, 8, 9 and Vacated Alley of the Original Town of Tara, Iowa; AND
Iowa Highway 7 from Fairbanks Avenue east approximately 2.5 miles to north-south Union Pacific railroad crossing at the northeast corner of Valero property; AND
Hayes Avenue south from Iowa Highway 7 south and east approximately 1.5 miles to north-south Union Pacific railroad crossing at the southeast corner of Cargill property in Tara; AND
First Street south from Powers Street to Hayes Avenue in Original Towns of Tara, Iowa; AND
Powers Street between First Street and Taylor Street in Original Towns of Tara, Iowa; AND
Taylor Street south from 200th Street to Hayes Avenue; AND
Harvest Avenue from Iowa Highway 7 south approximately 0.5 mile to Cargill property; AND
Fairbanks Avenue from Iowa Highway 7 south approximately 0.75 mile to the east-west Canadian National Railroad crossing; AND

 

The Northwest Quarter (1/4) of Section 24,  Township Eighty-nine (89) North, Range Thirty (30), West of the 5th P.M.,  AND

The Northeast Quarter (1/4) of Section 24,  Township Eighty-nine (89) North, Range Thirty (30), West of the 5th P.M., and

The Southwest (1/4) of Section 24 North of the Railroad,  Township Eighty-nine (89) North, Range Thirty (30), West of the 5th P.M., AND

The Southeast (1/4) of Section 24 North of the Railroad,  Township Eighty-nine (89) North, Range Thirty (30), West of the 5th P.M., AND

The Northwest Quarter (1/4) of Section 19, Township Eighty-nine (89) North, Range Twenty-Nine (29), West of the 5th P.M.,  AND

The Northeast Quarter (1/4) of Section 19, Township Eighty-nine (89) North, Range Twenty-Nine (29), West of the 5th P.M., Webster County, Iowa.

The area includes the full right-of-way of all adjacent roads.

which land is to be included as part of this amended Urban Renewal Area.

            A copy of the Amendment is on file for public inspection in the office of the County Auditor, County Courthouse, Fort Dodge, Iowa.

            The general scope of the urban renewal activities under consideration in the Amendment is to promote the growth and retention of qualified industries and businesses in the Urban Renewal Area through various public purpose and special financing activities outlined in the Amendment.  To accomplish the objectives of the Amendment, and to encourage the further development of the Urban Renewal Area, the Amendment provides that such special financing activities may include, but not be limited to, the making of loans or grants of public funds to private entities under Chapter 15A of the Code of Iowa. The County also may reimburse or directly undertake the installation, construction and reconstruction of substantial public improvements, including site preparation, water, sewer, storm drainage, street and other related infrastructure and utility improvements.  The County may also provide financial assistance for improvements to the railroad system including, but not limited to, installing switches, rail spurs, and the construction of a drop/pull/staging yard. The County also may acquire and make land available for development or redevelopment by private enterprise as authorized by law. The Amendment provides that the County may issue bonds or use available funds for such purposes and that tax increment reimbursement of such costs will be sought if and to the extent incurred by the County. The Amendment initially proposes specific public infrastructure or site improvements to be undertaken by the County, and provides that the Amendment may be amended from time to time to respond to development opportunities.

            The proposed Amendment No. 1 would add additional land in order to accommodate new urban renewal projects, to rename the district from the Webster County Ag-Industrial Center Urban Renewal Area to the Webster County Regional Urban Renewal Area and adds additional urban renewal projects.  All other provisions of the Plan would remain in full force and effect.

            Any person or organization desiring to be heard shall be afforded an opportunity to be heard at such hearing.

            This notice is given by order of the Board of Supervisors of Webster County, State of Iowa, as provided by Section 403.5 of the Code of Iowa.

            Dated this 31st day of January 2012.

s/Carol Messerly
County Auditor, Webster County, State of Iowa

 

            Section 5. That the proposed Amendment No. 1 to the Webster County Regional  Urban Renewal Plan, attached hereto as Exhibit 1, for the proposed Urban Renewal Area described therein is hereby officially declared to be the proposed Amendment No. 1 to the Webster County Regional  Urban Renewal Plan referred to in the notices for purposes of such consultation and hearing and that a copy of the Amendment shall be placed on file in the office of the County Auditor.

            Section 6. That the proposed Amendment No. 1 to the Webster County Regional  Urban Renewal Plan be submitted to the Planning and Zoning Commission for review and recommendation as to its conformity with the general plan for the development of the County as a whole, with such recommendation to be submitted in writing to this Board within thirty (30) days of the date hereof.

PASSED AND APPROVED this 31st day of January, 2012.

s/Robert H Singer
Chairperson, Board of Supervisors

ATTEST:
s/Carol Messerly
County Auditor

Motion carried unanimously.

Moved by Fletcher, seconded by Dencklau to receive the following proposals for floor tile and window treatment at the Webster County Law Enforcement Center; and further to accept proposal submitted by Cynde’s Custom Carpets and Interiors, Inc. for a total $11,225.00. 
                        Carpet World Flooring America            $12,825
                        Cynde’s Custom Carpets                       $11,225
Motion carried unanimously.

Moved by Dencklau, seconded by Condon to approve proposal for repairs to ceiling in large courtroom of the Webster County Courthouse submitted by Heartland Finishes, Inc. in the amount of $13,787.00, noting no other written proposals were received and one oral bid was considerably higher due to the nature of the repairs.  Motion carried unanimously.

Moved by Condon, seconded by Fletcher to approve and authorize Chair to sign the following resolution:

 

Webster County’s Participation in the Rise Funding Program with a Local Development Project
WHEREAS, the Code of Iowa authorizes the RISE Program as a mechanism to assist the location of
Industries within Iowa by providing incentives to local governments to assist in funding road improvements when such is required as part of the industrial location criteria; and

WHEREAS, the Iowa Department of  Transportation has established program guidelines and has provided procedures for submitting applications for the RISE program; and

WHEREAS, Webster County is actively pursuing industrial businesses to establish operations within the Webster County Regional Industrial Park approximately five miles west of Fort Dodge, Iowa; and

WHEREAS, a key ingredient in the selection of the site is access to major highways, and more specifically, a new paved two-lane road into the Webster County Regional Industrial Park, with such action representing a local development opportunity for Webster County; and

WHEREAS, the proposed new paved two-lane road will also serve as the main access for grain trucks to Cargill and will address the air emissions permit model constraints and limitations to growth which could occur if all inbound and outbound truck traffic is concentrated on Harvest Avenue; and

WHEREAS, the roadway will remain dedicated to public use and under the jurisdiction of Webster County, who will be responsible for its maintenance;

NOW, THEREFORE, BE IT RESOLVED by the Webster County Board of Supervisors that:
        
1.  The Webster County Board of Supervisors fully endorses the construction of a new public two-lane
      paved road located approximately 0.6 mile west of Harvest Avenue and extending 3000 feet south
      from Iowa Highway 7 along the East Line of Section 24, Township 89 North, Range 30 West, Johnson
      Township, and authorizes the Chair to sign all necessary application documents and to submit the same
      to the Iowa Department of Transportation.

2.  The Webster County Board of Supervisors will assure the required local match is provided to the RISE
      Funds through the use of Webster County Road Funds and/or Tax Increment Financing Funds, if said
      Application is approved by the Iowa Department of Transportation.

PASSED AND APPROVED this 31st day of January 2012.

WEBSTER COUNTY BOARD OF SUPERVISORS:

s/Robert H Singer                     
Robert H Singer, Chairman

s/Eddie Peterson                      
Eddie Peterson, Member

s/Phil Condon                           
Phil Condon, Member

s/Clark Fletcher                        
Clark Fletcher, Member

s/Keith Dencklau                      
Keith Dencklau, Member

ATTEST:

S/Carol Messerly                      
Carol Messerly, Webster Co Auditor

Motion carried unanimously.  

Moved by Fletcher, seconded by Dencklau to receive and place on file Webster County Sign Maintenance Policy for minimum sign retro-reflectivity compliance as required by the Manual on Uniform Traffic Control Devices, 2009 Edition. 
(Copy on file in Engineer’s office).  Motion carried unanimously.

Bernice Hostetler, representing Community Family Resources discussed Substance Abuse Grant.  No action taken.

The Board thanked all the numerous people who donated their time and resource to the Oak Grove Cemetery reconstruction project.  Tim Schultz explained the project and recognized the many vendors and people who donated to the project.

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

Moved by Dencklau, seconded by Peterson to adjourn the meeting.  Motion carried unanimously.