Board of Supervisors

Webster County Board of Supervisors
Fort Dodge, IA 50501

 

Board of Supervisiors Meeting
Tuesday September 11, 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:  Singer, Dencklau, Peterson, Condon and Fletcher.   Absent:   None.

Moved by Peterson, seconded by Condon to approve minutes of the September 4, 2012 regular meeting.  Motion carried unanimously.

Moved by Condon, seconded by Fletcher to receive and place on file employment of Tami Birdsell, permanent part-time LPN for Webster County Health Department at the rate of $13.50 per hour, effective September 5, 2012. Motion carried unanimously.

Moved by Fletcher, seconded by Dencklau to approve wage increase for David Kraft, Correctional Officer to $14.74 per hour effective September 10, 2012. Motion carried unanimously.

Moved by Dencklau, seconded by Peterson to adopt the following Resolution: 

A RESOLUTION SUPPORTING AN APPLICATION FOR IOWA GREAT PLACES GRANT

            WHEREAS, Hamilton-Webster County were selected as a 2010 Iowa Great Place;
            WHEREAS, Iowa Department of Cultural Affair’s Great Places Program is soliciting grant requests for its October 1,2012 – September 30, 2013 project period;
            WHEREAS, in 2006, the Development Corporation of Fort Dodge and Webster County organized the Trails Task Force to develop a Plan for trail connections and extensions throughout Fort Dodge and Webster County;
            WHEREAS, Fort Dodge and Webster County have secured funding to install 15 trail segments from 2010-2013 and are currently constructing said trails;
            WHEREAS, private fundraising efforts have provided a portion of the necessary funding to complete the trails project;
            WHEREAS, trail signage is indispensable in providing users information about the system and enhancing their experience;
            NOW THEREFORE BE IT RESOLVED BY THE FORT DODGE CITY COUNCIL, THE WEBSTER COUNTY SUPERVISORS AND THE WEBSTER COUNTY CONSERVATION BOARD:
That the grant application to the Iowa Department of Cultural Affair’s Great Places program is hereby approved for submission.

Passed and approved this 11th day of September, 2012.

s/Robert H. Singer                  
Robert Singer, Chairperson
Webster County Board of Supervisors

Motion carried unanimously.

Moved by Peterson, seconded by Condon to approve the following purchase offers for the Webster County Flood Buyout Grant Program:

1808 Scenic Drive
$ 12,470.00
  2191 160th Street
$ 22,260.00
2209 160th  Street
$ 82,550.00
  2185 160th Street
$ 84,934.45
2205 160th Street
$149,140.00
  2201 160th Street
$30,000.00

Motion carried unanimously.

Moved by Condon, seconded by Fletcher to receive and place on file Planning and Zoning Commission’s report and set October 2, 2012 at 10:00a.m. as the time and date for public hearing on the first consideration to amend  Zoning Ordinance 046 to rezone property from ME to Transitional Ag Or A-2 in the east one-half of the Southeast Quarter of Section 9, Township 89 North, Range 29, West of the 5th P.M., Webster County, Iowa. (Michael Moore intends to build a house and pond).  Motion carried unanimously.

Public hearing was held on the proposal to enter into a Development Agreement with CJ Bio America Inc. and Cargill, Incorporated and the proposal to enter into an agreement with CJ Bio America Inc. and the State of Iowa (Economic Development Financial Assistance Contract).  No written or oral comments or objections were heard; therefore Chairman Singer closed the public hearing.

Moved by Fletcher, seconded by Dencklau to adopt the following resolution:

RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT WITH CJ BIO AMERICA, INC. AND CARGILL, INCORPORATED AND THE PROPOSAL TO ENTER INTO AN AGREEMENT WITH CJ BIO AMERICA, INC AND THE STATE OF IOWA (ECONOMIC DEVELOPMENT FINANCIAL ASSISTANCE CONTRACT) AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF

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 an urban renewal plan, now known as the Webster County Regional Urban Renewal Plan (the "Plan") for the Webster County Regional Urban Renewal Area (the "Urban Renewal Area" or "Area") described therein, which Plan and Amendments are on file in the office of the Recorder of Webster County; and

WHEREAS, such Plan was amended by Amendment No. 1 (Resolution dated February 28, 2012) and Amendment No. 2 (Resolution dated August 21, 2012);

WHEREAS, it is desirable that properties within the Area be redeveloped as part of the overall redevelopment area covered by said Plan; and

WHEREAS, the County has received a proposal from CJ Bio America Inc. (the "Developer"), in the form of a proposed Development Agreement (the "Agreement") by and between the County, Cargill, Incorporated ("Owner") and the Developer, pursuant to which, among other things, the Developer would agree to construct certain Minimum Improvements (as defined in the Agreement) on certain real property located within the Webster County Regional Urban Renewal Area as defined and legally described in the Agreement and consisting of the construction of an industrial building for the production of amino acids by fermentation technology on land owned by the Owner.  Such industrial facility is expected to require a total investment of approximately $291,000,000 with site preparation, building construction, machinery and equipment and computer hardware costs totaling approximately $190,000,000.  The assessed value of the completed facility is expected to be at least $31,722,950 (as defined in the Development Agreement) on land owned by the Owner, described as the Development Property, together with all related site improvements, as outlined in the proposed Development Agreement; and

WHEREAS, the Agreement further proposes that the County will make an Economic Development Grant to Developer of up to $4,444,000, funded by the proceeds of an Urban Renewal Revenue Note,  for reimbursement of the costs (a) to construct a rail spur to the facility (up to $1,944,000) and (b) for site preparation of the facility (up to $2,500,000) under the terms and following satisfaction of the conditions set forth in the Agreement and $279,000 for the local match for a RISE Grant for road improvements in the Area; and

WHEREAS, the County's incentive serves as a local match to the related agreement by and among the Developer, the County, and the State of Iowa for the Economic Development Financial Assistance Contract (the "State Agreement" and the "Development Agreement" are referred to as the "Agreements").

WHEREAS, one of the obligations of the Developer in the Agreements relate to employment creation and retention; and

WHEREAS, Iowa Code Chapters 15A and 403 authorize counties to make loans and grants for economic development in furtherance of the objectives of an urban renewal project and to appropriate such funds and make such expenditures as may be necessary to carry out the purposes of said Chapters, and to levy taxes and assessments for such purposes; and

WHEREAS, the Board has determined that the Agreement is in the best interests of the County and the residents thereof and that the performance by the County of its obligations thereunder is a public undertaking and purpose and in furtherance of the Plan and the Urban Renewal Law and, further, that the Agreement and the County's performance thereunder is in furtherance of appropriate economic development activities and objectives of the County within the meaning of Chapters 15A and 403 of the Iowa Code taking into account any or all of the factors set forth in Chapter 15A, to wit:

a. Businesses that add diversity to or generate new opportunities for the Iowa economy should be favored over those that do not.

b. Development policies in the dispensing of the funds should attract, retain, or expand businesses that produce exports or import substitutes or which generate tourism-related activities.

c. Development policies in the dispensing or use of the funds should be targeted toward businesses that generate public gains and benefits, which gains and benefits are warranted in comparison to the amount of the funds dispensed.

d. Development policies in dispensing the funds should not be used to attract a business presently located within the state to relocate to another portion of the state unless the business is considering in good faith to relocate outside the state or unless the relocation is related to an expansion which will generate significant new job creation.  Jobs created as a result of other jobs in similar Iowa businesses being displaced shall not be considered direct jobs for the purpose of dispensing funds; and

WHEREAS, pursuant to notice published as required by law, this Board has held a public meeting and hearing upon the proposal to approve and authorize execution of the Agreement and has considered the extent of objections received from residents or property owners as to said proposed Agreement; and, accordingly the following action is now considered to be in the best interests of the County and residents thereof.

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

Section 1.  That the performance by the County of its obligations under the Agreement, including but not limited to making of loans and grants to the Developer in connection with the development of the Development Property under the terms set forth in the Agreement, be and is hereby declared to be a public undertaking and purpose and in furtherance of the Plan and the Urban Renewal Law and, further, that the Agreement and the County's performance thereunder is in furtherance of appropriate economic development activities and objectives of the County within the meaning of Chapters 15A and 403 of the Iowa Code, taking into account the factors set forth therein.

Section 2.  That the form and content of the Agreement, the provisions of which are incorporated herein by reference, be and the same hereby are in all respects authorized, approved and confirmed, and the Chairperson and the County Auditor be and they hereby are authorized, empowered and directed to execute, attest, seal and deliver the Agreement for and on behalf of the County in substantially the form and content now before this meeting, but with such changes, modifications, additions or deletions therein as shall be approved by such officers, and that from and after the execution and delivery of the Agreement, the Chairperson and the County Auditor are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Agreement as executed.

                PASSED AND APPROVED this 11th day of September, 2012.

s/Robert H. Singer                                  
Chairperson, Board of Supervisors

ATTEST:
S/Carol Messerly                   
County Auditor

Motion carried unanimously.

Public hearing was held on the proposal to enter into a Development Agreement with Cargill, Incorporated and the proposal to enter into an agreement with Cargill, Incorporated and the State of Iowa (Economic Development Financial Assistance Contract).  No written or oral comments or objections were heard; therefore Chairman Singer closed the public hearing.

Moved by Peterson, seconded by Condon to adopt the following resolution:

RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT BY AND BETWEEN Webster County AND Cargill, IncorporatedAND THE PROPOSAL TO ENTER INTO AN AGREEMENT WITH CARGILL, INCORPORATED AND THE STATE OF IOWA (ECONOMIC DEVELOPMENT FINANCIAL ASSISTANCE CONTRACT)

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 an urban renewal plan, now known as the Webster County Regional Urban Renewal Plan (the "Plan") for the Webster County Regional Urban Renewal Area (the "Urban Renewal Area" or "Area") described therein, which Plan is on file in the office of the Recorder of Webster County; and

WHEREAS, such Plan was amended by Amendment No. 1 (Resolution dated February 28, 2012) and Amendment No. 2 (Resolution dated August 21, 2012);

WHEREAS, it is desirable that properties within the Area be redeveloped as part of the overall redevelopment area covered by said Plan; and

WHEREAS, the County has received a proposal from Cargill, Incorporated (the "Developer"), in the form of a proposed Development Agreement (the "Agreement") by and between the County and the Developer, pursuant to which, among other things, the Developer would agree to construct certain Minimum Improvements (as defined in the Agreement) on certain real property located within the Webster County Regional Urban Renewal Area as defined and legally described in the Agreement and consisting of the construction of renovation, and building improvements to the Existing Facility (as defined in the Development Agreement) on the Development Property in order to transform the Existing Facility into an integrated bio-refinery campus for the production of bio-based products, together with all related site improvements, as outlined in the proposed Development Agreement; and

WHEREAS, the Agreement further proposes that the County will make up to six (6) consecutive annual payments to Developer of Economic Development Grants in the form of a percentage of the Tax Increments generated from the renovation and building improvements, the cumulative total for all such payments not to exceed $304,000, under the terms and following satisfaction of the conditions set forth in the Agreement; and

WHEREAS, the County's incentive serves as a local match to the related agreement by and among the Developer, the County, and the State of Iowa for the Economic Development Financial Assistance Contract (the "State Agreement" and the "Development Agreement" are referred to as the "Agreements").

WHEREAS, one of the obligations of the Developer in the Agreements relates to employment creation and retention; and

WHEREAS, Iowa Code Chapters 15A and 403 authorize counties to make loans and grants for economic development in furtherance of the objectives of an urban renewal project and to appropriate such funds and make such expenditures as may be necessary to carry out the purposes of said Chapters, and to levy taxes and assessments for such purposes; and

WHEREAS, the Board has determined that the Agreement is in the best interests of the County and the residents thereof and that the performance by the County of its obligations thereunder is a public undertaking and purpose and in furtherance of the Plan and the Urban Renewal Law and, further, that the Agreement and the County's performance thereunder is in furtherance of appropriate economic development activities and objectives of the County within the meaning of Chapters 15A and 403 of the Iowa Code taking into account any or all of the factors set forth in Chapter 15A, to wit:

 

a. Businesses that add diversity to or generate new opportunities for the Iowa economy should be favored over those that do not.

b. Development policies in the dispensing of the funds should attract, retain, or expand businesses that produce exports or import substitutes or which generate tourism-related activities.

c. Development policies in the dispensing or use of the funds should be targeted toward businesses that generate public gains and benefits, which gains and benefits are warranted in comparison to the amount of the funds dispensed.

d. Development policies in dispensing the funds should not be used to attract a business presently located within the state to relocate to another portion of the state unless the business is considering in good faith to relocate outside the state or unless the relocation is related to an expansion which will generate significant new job creation.  Jobs created as a result of other jobs in similar Iowa businesses being displaced shall not be considered direct jobs for the purpose of dispensing funds; and

WHEREAS, pursuant to notice published as required by law, this Board has held a public meeting and hearing upon the proposal to approve and authorize execution of the Agreement and has considered the extent of objections received from residents or property owners as to said proposed Agreement; and, accordingly the following action is now considered to be in the best interests of the County and residents thereof.

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

Section 1.  That the performance by the County of its obligations under the Agreement, including but not limited to making of loans and grants to the Developer in connection with the development of the Development Property under the terms set forth in the Agreement, be and is hereby declared to be a public undertaking and purpose and in furtherance of the Plan and the Urban Renewal Law and, further, that the Agreement and the County's performance thereunder is in furtherance of appropriate economic development activities and objectives of the County within the meaning of Chapters 15A and 403 of the Iowa Code, taking into account the factors set forth therein.

Section 2.  That the form and content of the Agreement, the provisions of which are incorporated herein by reference, be and the same hereby are in all respects authorized, approved and confirmed, and the Chairperson and the County Auditor be and they hereby are authorized, empowered and directed to execute, attest, seal and deliver the Agreement for and on behalf of the County in substantially the form and content now before this meeting, but with such changes, modifications, additions or deletions therein as shall be approved by such officers, and that from and after the execution and delivery of the Agreement, the Chairperson and the County Auditor are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Agreement as executed.
                PASSED AND APPROVED this 11th  day of September 2012.

s/Robert H. Singer                                  
 Chairperson, Board of Supervisors

ATTEST:
s/Carol Messerly   
County Auditor     

Motion carried unanimously.

Moved by Condon, seconded by Fletcher to approve and authorize Chair to sign permit from Gary J. Rees to connect approximately 185 feet of private tile from 23640 Nelson Avenue to existing tile line along east side of Nelson Avenue to improve drainage on property.  Motion carried unanimously.

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.