Regular Meeting

May 1, 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 April 24, 2007 regular meeting. Motion carried unanimously.

 

Moved by Condon, seconded by Dencklau to receive and place on file Drainage Repairs in D.D.#73.  Motion carried unanimously.

 

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

 

RESOLUTION DETERMINING THE NECESSITY AND SETTING DATES OF A CONSULTATION AND A PUBLIC HEARING ON A PROPOSED WEBSTER COUNTY AG-INDUSTRIAL CENTER URBAN RENEWAL PLAN FOR A PROPOSED URBAN RENEWAL AREA IN WEBSTER COUNTY, IOWA

            WHEREAS, it is hereby found and determined that one or more economic development areas, as defined in Chapter 403, code of Iowa, exist within the County and rehabilitation, conservation, redevelopment, development, or combination thereof, of the area is necessary in the interest of the public health, safety, or welfare of the residents of the County; and

 

            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 has caused there to be prepared a proposed Webster County Ag-Industrial Center Urban Renewal Plan for the area described therein, which proposed Plan is attached hereto as Exhibit A; 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, the proposed urban renewal may include land classified as agricultural land and, if so, written permission of the current owners is required; and

 

            WHEREAS, the Iowa statutes require 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 plan, 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 Webster County Ag-Industrial Center Urban Renewal Plan; and

 

            WHEREAS, the Iowa statutes further required the Board of Supervisors to notify all affected taxing entities of the consideration being given to the proposed Webster County Ag-Industrial Center 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 Webster County Ag-Industrial Center 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 urban renewal plan and shall outline the general scope of the urban renewal project under consideration, with a copy of said notice also being mailed to each affected taxing entity.

 

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

 

            Section 1.  That the consultation on the proposed Webster County Ag-Industrial Center Urban Renewal Plan required by Section 403.5(2) of the Code of Iowa, as amended, shall be held on the                       

    14th             day of       May     , 2007, in the Boardroom, Webster Co. Courthouse, 703 Central Ave., Fort Dodge, Iowa at     9:00   o’clock A.M., and the Designated Representative is hereby appointed to serve the County for purposed of conducting said 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 said consultation to be sent by regular mail to all affected taxing entities, as defined in Section 403.17(1), along with a copy of the proposed Webster County Ag-Industrial Center Urban Renewal Plan, said notice to be in substantially the following form:

 

NOTICE OF A CONSULTATION TO BE HELD

BETWEEN WEBSTER COUNTY,  IOWA AND ALL

AFFECTED TAXING ENTITIES CONCERNING THE

PROPOSED WEBSTER COUNTY AG-INDUSTRIAL

CENTER URBAN RENEWAL PLAN FOR WEBSTER

COUNTY, IOWA

 

 

                Webster County, 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     9:00    o’clock A.M. on    May 14th    2007, in the Boardroom, Webster Co. Courthouse, 703 Central Ave., Fort Dodge, Iowa concerning a proposed Webster County Ag-Industrial Center 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 said Plan.

 

                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 shall submit a written response to the affected taxing entity, no later than seven days prior to the public hearing on the proposed Webster County Ag-Industrial Center 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         14th     day of                 May           2007

 

                                                                                               

               

                                                                                                                                s/Carol Messerly

                                                                                                                County Auditor, Webster County, State of Iowa          

           

Section 3.  That a public hearing shall be held on the proposed Webster County Ag-Industrial Center Urban Renewal Plan before the Board of Supervisors at its meeting which commences at   10:00  o’clock A.M. on May 29, 2007, in the Boardroom, Webster County Courthouse, 703 Central Ave., Fort Dodge, Iowa.

 

Section 4.  That the County Auditor is authorized and directed to publish notice of this public hearing in the “Fort Dodge Messenger”, once on a date not less than four (4) nor more than twenty (20) days before the date of said public hearing, and to mail a copy of said 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 WEBSTER COUNTY AG-INDUSTRIAL CENTER URBAN RENEWAL PLAN FOR A PROPOSED URBAN RENEWAL AREA IN WEBSTER COUNTY, IOWA

 

                The Board of Supervisors of Webster County, State of Iowa, will hold a public hearing before itself at its meeting which commences at   10:00  o’clock A.M. on May 29th, 2007 in the Boardroom, Webster Co. Courthouse, 703 Central Ave., Fort Dodge, Iowa to consider adoption of a proposed Webster County Ag-Industrial Center Urban Renewal Plan (the “Plan”) concerning a proposed Urban Renewal Area in Webster County, Iowa legally described as follows:

 

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.

 

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

 

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

 

            Webster County, Iowa is the local public agency which, if such plan is approved, shall undertake the urban renewal activities described in such Plan.

 

            The general scope of the urban renewal activities under consideration in the Plan is to stimulate, through public involvement and commitment, private investment in new commercial and industrial development in the Urban Renewal Area through various public purpose and special financing activities outlined in the Plan.  To accomplish the objectives of the Plan, and to encourage the further development of the Urban Renewal Area, the Plan 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 Chapter15A of the Code of Iowa.  The County also may install, construct and reconstruct streets, roads and other substantial public improvements.  The Plan 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 Plan initially proposes specific public infrastructure improvements to be undertaken by the County, but provides that the Plan may be amended from time to time to respond to development opportunities.

 

            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   1st  day of   May  , 2007.

 

                                                                        s/Carol Messerly

                                                                        County Auditor, Webster County, State of Iowa

 

            Section 5.  That the proposed Webster County Ag-Industrial Center Urban Renewal Plan, attached hereto as Exhibit A, for the proposed Urban Renewal Area described therein is hereby officially declared to be the proposed Webster County Ag-Industrial Center Urban Renewal Plan referred to in said notices for purposes of such consultation and hearing and that a copy of said Plan shall be placed on file in the office of the County Auditor.

 

            Section 6.  That the proposed Webster County Ag-Industrial Center 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 1st day of May, 2007

 

                                                                        s/Greg Nolting

                                                                        Chairperson, Board of Supervisors

 

Attest:

s/Carol Messerly

County Auditor

                       

Motion carried unanimously.

 

Moved by Motl, seconded by Lizer to approve and authorize Chair to sign Financing Agreement between Webster County, Iowa and Webster County E-911 Commission to upgrade the E-911 communication system.

(Copy on file in Auditor’s office).  Motion carried unanimously.

 

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

 

NOTICE OF MEETING OF THE BOARD OF SUPERVISORS OF WEBSTER COUNTY, STATE OF IOWA ON THE MATTER OF THE PROPOSED AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $500,000 GENERAL OBLIGATION CAPITAL LOAN NOTIES, SERIES 2007 (FOR AN ESSENTIAL COUNTY PURPOSE) AND THE PUBIC HEARING ON THE AUTHORIZATION AND ISSUANCE THEREOF

 

            WHEREAS, it is deemed necessary and advisable that the County of Webster, State of Iowa, should provide for the authorization of a Loan Agreement and the issuance of General Obligation Capital Loan Notes, Series 2007, to the amount of not to exceed $500,000, as authorized by Section 331.402, Code of Iowa, as amended, for the purpose of providing funds to pay costs of carrying out an essential county purpose project as hereinafter described; and

 

            WHEREAS, the Loan Agreement and Notes shall be payable from the Debt Service Fund; and

 

            WHEREAS, before a Loan Agreement may be authorized and General Obligation Capital Loan Notes, Series 2007, issued to evidence the obligation of the County there under, it is necessary to comply with the provisions of the Code of Iowa, as amended, and to publish a notice of the proposal and of the time and place of the meeting at which the Board proposes to take action for the authorization of the Loan Agreement and Notes and to receive oral and/or written objections from any resident or property owner of the County to such action;

 

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

 

            Section 1. That this Board meet in the Board Room, County Courthouse, 701 Central Avenue, Fort Dodge, Iowa, at   10:00  o’clock A.M., on the   1st  day of   May    , 2007, for the purpose of taking action on the matter of the authorization of a Loan Agreement and the issuance of not to exceed $500,00 General Obligation Capital Loan Notes, Series 2007, to evidence the obligations of the County there under for an essential county purpose, the proceeds of which will be used to pay costs of acquiring, equipping and furnishing real property located at 108 South 8th Street, Fort Dodge, Iowa.

 

            Section 2. The Auditor is authorized and directed to proceed on behalf of the County with the negotiation of terms of a Loan Agreement and the issuance of General Obligation Capital Loan Notes, Series 2007, evidencing the County’s obligations to a principal amount of not to exceed $500,000, to select a date for the final approval thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the County and this Board and otherwise to take all action necessary to permit the completion of a loan on a basis favorable to the County and acceptable to the Board.

 

            Section 3.  That the Auditor is hereby directed to cause at least on publication to be made of a notice of the meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in the County, the publication to be not less than four clear days nor more than twenty days before the date of the public meeting on the issuance of Notes.

 

            Section 4.  The notice of the proposed action shall be in substantially the following form:

 

 

NOTICE OF MEETING OF THE BOARD OF SUPERVISORS OF WEBSTER COUNTY, STATE OF IOWA ON THE MATTER OF THE PROPOSED AUTHORIZATION OF LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $500,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2007 (FOR AN ESSENTIAL COUNTY PURPOSE) AND THE PUBLIC HEARING ON THE AUTHORIZATION AND ISSUANCE THEREOF

 

            PUBLIC NOTICE is hereby given that the Board of Supervisors of Webster County, Iowa, will hold a public hearing on the 22nd day of May, 2007, at 10:00 o’clock A.M., in the Board Room, County Courthouse, 703 Central Avenue, Fort Dodge, Iowa, at which meeting the Board proposes to take additional action for the authorization of a Loan Agreement payable from the debt service fund and the issuance of not exceed $500,000 General Obligation Capital Loan Notes, Series 2007, for an essential county purpose, in order to pay costs of acquiring, equipping and furnishing real property located at 108 South 8th Street, Fort Dodge, Iowa.

                At the above meeting the Board shall receive oral or written objections from any resident or property owner of the County, to the above action.  After all objections have been received and considered, the Board will at this meeting or at any adjournment thereof, take additional action for the authorization of a Loan Agreement and the issuance of Notes to evidence the obligation of the County thereunder or will abandon the proposal.

            This Notice is given by order of the Board of Supervisors of Webster County, State of Iowa, as provided by Sections 331.402, 331.441 and 331.443 of the Code of Iowa, as amended.

            Dated this first day of May, 2007.

 

s/Carol Messerly

County Auditor of Webster County, State of Iowa

 

            PASSED AND APPROVED  this   1st  day of   May  , 2007

 

s/ Greg Nolting

Chairperson

 

ATTEST:

 

s/Carol Messerly

County Auditor

 

Motion carried unanimously.

 

Moved by Condon, seconded by Dencklau to approve salary increase for Laura Montgomery, Jailer to $11.90 per hour, effective April 26, 2007.  Motion carried unanimously.

 

Moved by Dencklau, seconded by Motl to receive and place on file salary increase for Vickie Claude to $1,831.91, per pay period effective April 19, 2007 and Angela Harrison to $1,780.87, per pay period, effective April 26, 2007, per recommendation of Karen Hanson, Child Support Supervisor.  Motion carried unanimously.

 

Moved by Motl, seconded by Lizer to receive and place on file retirement of Carol Gehlhausen, General Relief Director, effective June 29, 2007, with regret.  Motion carried unanimously.

 

Moved by Lizer, seconded by Condon to approve Tower/Structure/Equipment Removal Bond for MidAmerican Energy Company.  Motion carried unanimously.

 

Moved by Condon, seconded by Dencklau to receive and place on file County Recorder’s report of Fees Collected for period ending March 31, 2007.  (Copy on file in Auditor’s office).  Motion carried unanimously.

 

Moved by Dencklau, seconded by Motl to approve and authorize Chair to sign Renewal Group Binder Agreement with Wellmark Blue Cross/Blue Shield, effective July 1, 2007.  (Copy on file in Auditor’s office).  Motion carried unanimously.

 

Moved by Motl, seconded by Lizer to approve and authorize Chair to sign the following MH/DD Provider Contracts:  Abbe Center and Hancock County Public Health Services.  (Copy on file in CPC’s office).  Motion carried unanimously.

 

Moved by Lizer, seconded by Condon to approve Summer Intern employee to be located in Courthouse for Webster County Development.  Motion carried unanimously.

 

Moved by Condon, seconded by Dencklau to approve and authorize Chair to sign resolution that temporarily closed 270th Street from Highway 169 to Madison Avenue between Section 25 and 36, Elkhorn Township on April 25, 2007, due to damage to crossroad culvert.  Motion carried unanimously.

 

Moved by Dencklau, seconded by Motl to approve and authorize Chair to sign resolution that temporarily closed Dakota Avenue from 350th to 360th Street between Sections 9 and 10, and Dakota Avenue from 360th to 370th Street between Sections 15 and 16, all in Gowrie Township on April 25, 2007 due to water over road.  Motion carried unanimously.

 

Moved by Motl, seconded by Lizer to approve and authorize Chair to sign resolution that temporarily closed Dolliver Park Road in Section 35, Otho Township on April 25, 2007 due to soil subsidence.  Motion carried unanimously.

 

Moved by Lizer, seconded by Condon to approve and authorize Chair to sign utility permit application from Xenia Rural Water District to bury 21/2 inch PVC water main along the east side of Xavier Avenue from 210th Street north approximately 2851 feet in Section 25, Colfax Township.  (Copy on file in Engineer’s office)  Motion carried unanimously.

 

Moved by Condon, seconded by Dencklau to approve and authorize Chair to sign utility permit application from Stratford Mutual Telephone to bury fiber optic cable from 3331 380th Street west to hog confinement at 3303 380th Street in Section 24, Hardin Township.  (Copy on file in Engineer’s office).  Motion carried unanimously.

 

           

Dr. Paxton and Laurie Hendricks discussed Iowa Central Community College Project.  No action taken.

 

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

 

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