Washington County Board of Supervisors met Oct. 9.
Here is the minutes provided by the board:
Chairperson Abe Miller called the meeting to order at 7:00 p.m. in the Courthouse chambers in regular session. Items on the agenda included the following: public hearing regarding designation of the County Communication Facility Urban Renewal Area and proposed Urban Renewal Plan and Project; Resolution 18-53 to declare necessity and establish an urban renewal area, pursuant to Section 403.4 of the Code of Iowa and approve Urban Renewal Plan and Project for the County Communication Facility Urban Renewal Area; Resolution 18-54 to fix a date for a public hearing on General Obligation Urban Renewal County Communication Facility Loan Agreement in an amount to be determined; refund of fees due to September 1, 2018 cancellation of a Class C Liquor License held by Washington Golf and Country Club. Supervisors Stan Stoops, Richard Young, Jack Seward, Jr., and Bob Yoder were also present.
Others attending were: Sally Hart, KCII Radio; Dave Hotle, Washington Evening Journal; Cara Sorrells, Coutny Communications Director; Marissa Reisen, County Emergency Management Director; Cyndie Sinn, County IT/Budget Director; John Gish, County Attorney; Jeff Garrett, County Treasurer; Jo Greiner, County Recorder; Jared Schneider and Shawn Ellingson, County Sheriff’s Office; Matt Miller, Carl A. Nelson & Company; Bill Hoefer, Neuman Monson Architects LLC; Robert Josten, Dorsey & Whitney; and citizens Bill Miller, Karyl Miller, Jeff Thomann, Charlotte Stalder, Denny Stalder, Mark Cobb, Deb Yoder, Chris Graber, Burdean Graber, and Les Zickefoose.
All motions were passed unanimously by those Supervisors in attendance unless noted otherwise.
On motion by Yoder, seconded by Stoops, the Board voted to approve the agenda as published.
On motion by Seward, seconded by Yoder, the Board voted to open a public hearing regarding designation of the County Communication Facility Urban Renewal Area and proposed Urban Renewal Plan and Project. Seward provided a power point presentation that described the history of the present Communications building from the 1960’s to the present in an attempt to effectively and accurately communicate the need for new emergency communication equipment and a new Communications building to house the equipment. Seward shared that it was important to begin construction of the building so that it is completed in time to house the new equipment at the time it is delivered. Failure to do so could result in the County losing a maximum of $500,000.00 in project discounts from RACOM who is the equipment manufacturer. Seward stated his view that the general population favors the project, including construction of a new building, and that public safety is a key responsibility of the Board of Supervisors. According to Seward, plans call for the County to supply radios to the following groups: Washington Fire and Rescue, West Chester QRS, Kalona QRS and Fire Department, Keota QRS and Fire Department, Wayland QRS and Fire Department, Richland QRS and Fire Department, Ainsworth QRS and Fire Department, Crawfordsville QRS and Fire Department, Brighton QRS and Fire Department, Washington Co. Sheriff Department, Washington County Conservation, Washington County Emergency Management, Washington County Ambulance, Washington City Police, Riverside QRS and Fire Department, Wellman Ambulance, and Wellman Fire Department. Seward, in response to a question from Citizen Mark Cobb, stated that one of the benefits of the new RACOM radio system is that it is compatible with other radio systems. Citizen Chris Graber asked whether plans were in place regarding financing the future purchase price of equipment that will replace the equipment currently being manufactured. Seward replied that no such plans were being considered at the present time. Miller questioned the cost of including space for an Emergency Operation Center (EMO) in the building when there are more important county needs. He also maintained that the matter of whether to construct a new Communications building should be determined by way of a county-wide vote. Seward stressed that he, along with others, is willing to give presentations to service groups, clubs, civic organizations, and churches. On motion by Stoops, seconded by Yoder, the Board voted to close the public hearing. Copies of the power point slides are available in the auditor’s office.
On motion by Seward, seconded by Young, the Board voted by way of roll call vote to adopt Resolution 18-53 as follows and to authorize the Chairperson to sign Resolution 18-53 on behalf of the Board. The vote on the motion was: Aye-Yoder, Seward, Stoops, Young; Nay-Miller, with Miller restating his position that a public vote take place with regard to the question of whether to build a new Communications building.
RESOLUTION 18-53
A resolution to declare necessity and establish an urban renewal area, pursuant to Section 403.4 of the Code of Iowa and approve urban renewal plan and project for the County Communication Facility Urban Renewal Area
WHEREAS, as a preliminary step to exercising the authority conferred upon Iowa counties by Chapter 403 of the Code of Iowa, the “Urban Renewal Law,” a county must adopt a resolution finding that one or more slums, blighted or economic development areas exist in the county and that the development of such area or areas is necessary in the interest of the public health, safety or welfare of the residents of the county; and
WHEREAS, it has been recommended that an urban renewal area be established, to include the property identified as follows; 12-75 08 IRR 6.72 AC CEN PT SW1/4SE1/4S OF RD (the “Property”) and
WHEREAS, a proposal has been made regarding the Property for the purpose of establishing the need to designate the Property as being appropriate for economic development as a result of the County providing enhanced emergency communication services; and
WHEREAS, it has been determined that sufficient need exists to warrant finding the Property an economic development area; and
WHEREAS, notice of a public hearing by the Board of Supervisors on the question of establishing the Property as an urban renewal area and on a proposed urban renewal plan and project was heretofore given in strict compliance with the provisions of Chapter 403 of the Code of Iowa, and the Board has conducted said hearing; and
WHEREAS, the proposed plan has been reviewed by the Washington County Planning & Zoning Commission, which found the proposed plan to be consistent with the County’s adopted Comprehensive Plan;
NOW, THEREFORE, It Is Resolved by the Board of Supervisors of Washington County, Iowa, as follows:
Section 1. The Property is hereby determined to be an economic development area as defined in Chapter 403 of the Code of Iowa.
Section 2. The Property is hereby declared to be an urban renewal area, in conformance with the requirements of Chapter 403 of the Code of Iowa, and is hereby designated the County Communication Facility Urban Renewal Area.
Section 3. The development of the Property to provide enhanced emergency communication services throughout the County and to promote economic development is necessary in the interest of the public health, safety or welfare of the residents of Washington County.
Section 4. It is hereby determined by this Board as follows:
A. The proposed urban renewal plan conforms to the comprehensive plan of the County;
B. Proposed development of a facility in the urban renewal area to assist in providing enhanced emergency communication services and to promote economic development is necessary and appropriate to facilitate the proper growth and development of the County in accordance with sound planning standards and local community objectives.
Section 5. The urban renewal plan for the County Communication Facility Urban Renewal Area, in the form shown as Exhibit A to this Resolution, is made a part hereof and is hereby in all respects approved in the form presented to this Board, and the proposed project for such area based upon such plan is hereby in all respects approved.
Section 6. All resolutions or parts thereof in conflict herewith are hereby repealed, to the extent of such conflict.
EXHIBIT A
WASHINGTON COUNTY, IOWA
URBAN RENEWAL PLAN
COUNTY COMMUNICATION FACILITY URBAN RENEWAL AREA October, 2018
I.INTRODUCTION
Chapter 403 of the Code of Iowa (“Chapter 403”) authorizes counties to establish areas within their boundaries known as “urban renewal areas,” and to exercise special powers within these areas. Urban renewal powers were initially provided to cities in order that conditions of blight and of deterioration within cities might be brought under control. Gradually, urban renewal has been found to be a useful tool, as well, for economic development in previously undeveloped areas and for retention of enterprises and jobs in other areas.
Chapter 403 declares there exists in Iowa the continuing need for programs to alleviate and prevent conditions of unemployment, and that it is necessary to assist and retain local industries and commercial enterprises to strengthen and revitalize the economies of Iowa and its cities and counties.
In 1985, in order to facilitate the use of urban renewal for economic development, the Iowa General Assembly amended Chapter 403 to authorize boards of supervisors to create “economic development” areas. An economic development urban renewal area may be any area of a County which has been designated by the board of supervisors as an area which is appropriate for industrial and commercial enterprises, including enterprises that construct residential development and in which the county seeks to encourage further development.
As an additional expression of the role for local governments in private economic development, the General Assembly also enacted Chapter 15A of the Code of Iowa, which declares that economic development is a “public purpose” and authorizes local governments to make grants, loans, guarantees, tax incentives and other financial assistance to private enterprise. The statute defines “economic development” as including public investment involving the creation of new jobs and income or the retention of existing jobs and income that would otherwise be lost.
The process by which an economic development urban renewal area may be created begins with a finding by the board of supervisors that such an area needs to be established within the county. An urban renewal plan is then prepared for the area, which must be consistent with the county’s existing comprehensive or general plan. The board of supervisors must hold a public hearing on the urban renewal plan, following which, the board of supervisors may approve the plan.
This document is intended to serve as the Urban Renewal Plan for the County Communication Facility Urban Renewal Area (the “Urban Renewal Area”) in Washington County, Iowa (the “County”) and will assist the County Board of Supervisors in providing enhanced emergency communication services that will promote economic growth in the County. This document is an Urban Renewal Plan within the meaning of Chapter 403 and sets out a proposed project and activities to be undertaken within the Urban Renewal Area.
II. DESCRIPTION OF URBAN RENEWAL AREA
The property that is proposed to be included within the Urban Renewal Area is owned by the County, located at 2175 Lexington Blvd., Washington, Iowa 52353 and is legally described as follows:
12-75 08 IRR 6.72 AC CEN PT SW1/4SE1/4S OF RD
III. URBAN RENEWAL OBJECTIVES
The primary objectives for the creation and development of the Urban Renewal Area are:
1. To improve and upgrade emergency communication capabilities and facilities throughout the County in order to enhance County services and maintain the economic viability of the community.
2. To provide infrastructure, services and facilities that enhance possibilities for economic development and make the Washington County community attractive to private enterprise.
IV. URBAN RENEWAL PROJECT
The County Board of Supervisors has begun the process of upgrading emergency communication equipment and facilities and has determined that an essential element of the project is construction of a new facility to house the communications and emergency operations center.
The County Board of Supervisors has determined that designation of the new facility as an urban renewal project is appropriate in order to accomplish the goal of improving emergency communication capacity within the County.
In order to finance the construction of the facility, the County intends to issue general obligation bonds. State law authorizes counties to issue general obligation bonds for urban renewal projects after publishing a notice of hearing and intent to issue the bonds, which notice must include the right of voters to petition for an election on the issuance of the bonds.
The County will not authorize the use of tax increment financing in connection with the facility.
V. LAND USE PLAN AND PROPOSED DEVELOPMENT
The County’s plans for this Urban Renewal Area are consistent with the County’s general plan for development.
VI. EFFECTIVE PERIOD
This Urban Renewal Plan will become effective upon its adoption by the Board of Supervisors and will remain in effect until it is
repealed by the Board of Supervisors.
VII. PLAN AMENDMENTS
This Urban Renewal Plan may be amended in accordance with the procedures set forth in Chapter 403 of the Code of Iowa.
VIII. AGREEMENT WITH CITY OF WASHINGTON
In accordance with paragraph 4 of Section 403.17 of the Code of Iowa, because the property that is proposed to be included in the
Urban Renewal Area is located within the city limits of the City of Washington, Iowa, the County will enter into an agreement with the City of Washington in order to obtain the City’s consent to the exercise by the County of urban renewal powers.
The Board took up consideration of proposed Resolution 18-54 with discussion focusing on particular language related to a bond amount to be included in a General Obligation Urban Renewal County Communication Facility Loan Agreement as well as the date for a public hearing regarding a proposal to enter into the Urban Renewal Communication Facility Loan Agreement. Seward proposed the bond amount be set at $3,500,000.00 and a hearing date of 9:00 a.m. on Tuesday, October 30, 2018 be set. Young questioned whether $3,500,000.00 was sufficient and reminded that it was not necessary, nor required, to use the complete bond proceeds. He also emphasized that the County could not exceed the $3,500,000.00 amount. Matt Miller of Carl A. Nelson & Company articulated confidence that the $3,500,000.00 figure was indeed sufficient for the anticipated project and emphasized that various contingency amounts were included. While no blueprints are yet available Miller stated that layout and industry standards provided the basis for the anticipated project costs. Upon clarification that air conditioning and a back-up generator were included in the building plans Young expressed confidence with the $3,500,000.00 figure. Seward explained in response to a question from Miller that the Emergency Operation Center portion of the proposed building will provide space during disasters for emergency management personnel and other key county individuals. Emergency Management Director Marissa Reisen added that in time of emergency all functions would be managed from this area by 40 to 50 individuals. The space could also be used for training. Citizen Les Zickefoose posed the question as to whether in time of an extended power outage what percentage of equipment would be battery powered to which Seward responded zero and added that such equipment would be powered by a reserve fuel system. On motion by Young, seconded by Yoder, the Board voted by way of roll call vote to approve Resolution 18-54 with $3,500,000.00 as the amount of the bond issuance and 9:00 a.m. on Tuesday, October 30, 2018 as the date of a public hearing on the proposal to enter into the Urban renewal Communication Facility Loan Agreement and also to authorize the Chairperson to sign Resolution 18-54 on behalf of the Board.
RESOLUTION 18-54
Resolution to fix a date for a public hearing on General Obligation Urban Renewal County Communication Facility Loan Agreement in an amount not to exceed $3,500,000.00.
WHEREAS, Sections 331.402, 331.441 and 331.442 of the Code of Iowa authorize counties to enter into loan agreements and issue bonds for the purpose of paying the cost of planning, undertaking and carrying out urban renewal projects under the authority of Chapter 403, provided notice is published, including notice of the right to petition for an election; and
WHEREAS, the Board of Supervisors (the “Board”) of Washington County, Iowa (the “County”) has established the County Communication Facility Urban Renewal Area, pursuant to Chapter 403 of the Code of Iowa, has approved an urban renewal plan for that Area and has also approved an urban renewal project consisting of the construction of a new facility to house the County emergency communications and operations center (the “Urban Renewal Project”); and
WHEREAS, the Board proposes to enter into a loan agreement (the “Urban Renewal Communication Facility Loan Agreement”) and issue bonds in a principal amount not to exceed $3,500,000.00, pursuant to the provisions of Sections 331.402, 331.441 and 331.442 of the Code of Iowa, for the purpose of paying the costs, to that extent, of financing the Urban Renewal Project; and
WHEREAS, it is necessary to fix a date of meeting of the Board at which it is proposed to take action to enter into the Urban Renewal Communication Facility Loan Agreement and to give notice thereof;
NOW, THEREFORE, Be It Resolved by the Board of Supervisors of Washington County, Iowa, as follows:
Section 1. This Board shall meet on the 30th day of October, 2018, at the Washington County Courthouse, at 9:00 o’clock a.m., at which time and place a hearing will be held on the proposal to enter into the Urban Renewal Communication Facility Loan Agreement.
Section 2. The County Auditor is hereby directed to give notice of the proposed action on the Urban Renewal Communication Facility Loan Agreement, including notice of the right to petition for an election, setting forth the amount and purpose thereof, the time when and place where the said meeting will be held, by publication at least once and not less than 10 nor more than 20 days before the meeting, in a legal newspaper of general circulation in the County.
Section 3. The Urban Renewal Communication Facility Loan Agreement notice shall be substantially as follows: NOTICE OF PUBLIC HEARING ON LOAN AGREEMENT
IN A PRINCIPAL AMOUNT NOT TO EXCEED $3,500,000.00 (GENERAL OBLIGATION URBAN RENEWAL COMMUNICATION FACILITY)
The Board of Supervisors of Washington County, Iowa, will meet on the 30th day of October, 2018, at the Washington County Courthouse, at 9:00 o’clock a.m. for the purpose of holding a public hearing and taking action to enter into a loan agreement (the “Urban Renewal Communication Facility Loan Agreement”) and issue bonds in a principal amount not to exceed $3,500,000.00, for the purpose of financing a project in the County Communication Facility Urban Renewal Area consisting of the construction of a new facility to house the County emergency communications and operations center.
The Urban Renewal Communication Facility Loan Agreement is proposed to be entered into pursuant to authority contained in Sections 331.402, 331.441 and 331.442 of the Code of Iowa and will constitute a general obligation of the County.
At that time and place, oral or written objections or comments may be filed or made to the proposal to enter into the Urban Renewal Communication Facility Loan Agreement. After receiving objections and comments, the Board of Supervisors may determine to enter into the Urban Renewal Communication Facility Loan Agreement, in which case, the decision will be final unless appealed to the District Court within fifteen (15) days thereafter.
At any time before the date fixed for taking action to enter into the Urban Renewal Communication Facility Loan Agreement, a petition may be filed with the County Auditor asking that the question of entering into the Urban Renewal Communication Facility Loan Agreement be submitted to the registered voters of the County, pursuant to the provisions of Section 331.442 of the Code of Iowa.
On motion by Young, seconded by Yoder, the Board voted to partially refund a portion of the annual fee paid by Washington Golf and Country Club, Washington, (VIP Entertainment) for a Class C Liquor License. The license, with an effective date of April 1, 2018, was cancelled effective September 1, 2018 and thus a refund of $308.75 is due Jason Mellinger, owner of VIP Entertainment.
During the public comment portion of the meeting County Attorney John Gish emphasized that any petition seeking that the question of entering into the Urban Renewal Communication Facility Loan Agreement go before the registered voters of the County must be delivered to the Washington County Auditor’s office no later than 4:30 p.m. on Monday, October 29, 2018. To be valid such a petition would have to contain the signatures of at least 1,109 of people eligible to vote in Washington County.
At 8:05 p.m. on motion by Stoops, seconded by Young, the Board voted to adjourn.
http://co.washington.ia.us/AgendaCenter/ViewFile/Minutes/_10092018-321
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