Clayton County, Iowa - Board of Supervisor Minutes

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December 19, 2007

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Meeting of the Board of Supervisors at their office, 200 E. Bridge St, Elkader, IA.

Present: Larry Gibbs, Wayne Bockenstedt, Randy Keehner

The board approved claims for payment.

Motion by Keehner, seconded by Bockenstedt, to approve payment of $800 for payment of dues for the Clayton County Soil & Water Conservation District. Ayes: Gibbs, Bockenstedt, Keehner

The Board of Supervisors of Clayton County, Iowa, met on December 19, 2007, at 10:30 o’clock a.m., at the Board Office, Elkader, Iowa, for the purpose of conducting a public hearing on the designation of an urban renewal area and on a proposed urban renewal plan and project. The Chairperson presided and the roll being called the following Supervisors were present and absent:

Present: Larry Gibbs, Wayne Bockenstedt, Randy Keehner

Absent: None.

The Board investigated and found that notice of the intention of the Board to conduct a public hearing on the designation of the Clayton County Ethanol Urban Renewal Area and on an urban renewal plan and project for the Area had been published according to law and as directed by the Board and that this is the time and place at which the Board shall receive oral or written objections from any resident or property owner of the County. All written objections, statements, and evidence heretofore filed were reported to the Board, and all oral objections, statements, and all other exhibits presented were considered.

The following named persons presented oral objections, statements, or evidence as summarized below; filed written objections or statements, copies of which are attached hereto; or presented other exhibits, copies of which are attached hereto:

Larry Stone asked the following questions: 1) The public hearing is regarding an urban renewal plan for an ethanol plant only and not for any other type of plant? 2) What will be the size of the ethanol plant? 3) What public funds are involved in the project? He then expressed a concern for the longevity of ethanol use and the use of subsidies. He also expressed concerns for the environment of Clayton County.

Tom McGreal asked the following questions: 1) Is the urban renewal plan specific to this property or the whole county? 2) Can the plant be retrofitted to other sources for alcohol? 3) Will the plant ownership be a cooperative or a corporation? 4) If the possibility of cooperation of wastewater with Norplex or some other source in the area has been explored?

There being no further objections, comments, or evidence offered, the Chairperson announced the hearing closed

Supervisor Bockenstedt moved the adoption of a resolution entitled “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 Clayton County Ethanol Urban Renewal Area”, seconded by Supervisor Keehner. After due consideration, the Chairperson put the question on the motion and the roll being called, the following named Supervisors voted:

Ayes: Larry Gibbs, Wayne Bockenstedt, Randy Keehner

Nays: None

Whereupon, the Chairperson declared the resolution duly adopted and signed approval thereto.

RESOLUTION NO. 36-2007

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 Clayton County Ethanol 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 rehabilitation, conservation, redevelopment, development or a combination thereof, 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 the Board of Supervisors of Clayton County, Iowa take action to establish the Clayton County Ethanol Urban Renewal Area (the “Urban Renewal Area”) covering the real property (the “Property”) lying within the boundaries set forth on Exhibit A to this Resolution; and

WHEREAS, a proposal has been made which shows the need to designate the Property as being appropriate for industrial and agricultural development; and

WHEREAS, the proposal demonstrates that sufficient need exists to warrant finding the Property to be an economic development area; and

WHEREAS, notice of a public hearing by the Board of Supervisors on the question of establishing the area identified above as an urban renewal area and on a proposed urban renewal plan and project for the area 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 urban renewal plan and project were submitted to and approved by the Planning and Zoning Commission of the County;

WHEREAS, Section 403.17 of the Code of Iowa requires a joint agreement between a county and a city with respect to an urban renewal area located within two miles of the city limits of a city; and

WHEREAS, the Property is located within two miles of the city limits of the City of Postville, Iowa, and the City of Postville has executed and delivered a Joint Agreement consenting to the inclusion of the Property in the Urban Renewal Area; and

WHEREAS, the owners of the portion of the Property which meets the definition of “agricultural land” under Section 403.17 have executed and delivered agreements consenting to the inclusion of their land in the Urban Renewal Area; and

WHEREAS, copies of the urban renewal plan, notice of public hearing and notice of a consultation meeting with respect to the urban renewal plan were mailed to MFL-MarMac Community School District and Northeast Iowa Community College; the consultation meeting was held; and responses to any comments or recommendations received following the consultation meeting were made as required by law;

NOW, THEREFORE, It Is Resolved by the Board of Supervisors of Clayton County, Iowa, as follows:

Section 1. An economic development area as defined in Chapter 403 of the Code of Iowa is found to exist within the boundaries set out in Exhibit A.

Section 2. The area identified in Section 1 hereof 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 Clayton County Ethanol Urban Renewal Area.

Section 3. The development of this area is necessary in the interest of the public health, safety or welfare of the residents of Clayton County, Iowa.

Section 4. It is hereby determined by this Board of Supervisors as follows:

The proposed urban renewal plan conforms to the general plan of the county as a whole;
Proposed industrial and agricultural development in the urban renewal area 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 Clayton County Ethanol Urban Renewal Area 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. The Joint Agreement between the County and the City of Postville set out as Exhibit B to this Resolution is hereby approved, and the Chairperson and County Auditor are hereby authorized and directed to execute said agreement on behalf of the County.

Section 7. All resolutions or parts thereof in conflict herewith are hereby repealed, to the extent of such conflict.

Passed and approved December 19, 2007.

EXHIBIT A

Legal Description

Clayton County Ethanol Urban Renewal Area

Certain real property situated in Clayton County, Iowa, more particularly described as follows:

Lot 1 of SW SE of Section 3 T 95N R6W	12.78 acres
Lot 2 in the SW NE of Section 3 T 95N R6W	35.76 acres
Lot 2 SE NE of the Section 3 T 95N R6W	1.28 acres
Lot 2 NW NE of Section 3 T 95N R6W	19.28 acres
Lot 2 NW SE of Section 3 T 95N R6W	40.00 acres
Lot 2 NE SE of Section 3 T 95N R6W	17.44 acres
Lot 2 SE SE of Section 3 T 95 N R6W	9.70 acres

EXHIBIT B URBAN RENEWAL JOINT AGREEMENT

WHEREAS, pursuant to Chapter 403 of the Code of Iowa, counties have certain urban renewal powers; and

WHEREAS, in accordance with paragraph 4 of Section 403.17 of the Code of Iowa, a county may exercise urban renewal powers with respect to property which is located inside or within two miles of the boundaries of a city only if the county and city have entered into a joint agreement with respect to such exercise of powers; and

WHEREAS, the Board of Supervisors of Clayton County (the “County”) desires to adopt an urban renewal plan and to establish an urban renewal area (the “Clayton County Ethanol Urban Renewal Area”) as shown on Exhibit A hereto in order to carry out an urban renewal project consisting of promoting economic development through the provision of direct financial assistance to the development of an ethanol production facility in the urban renewal area (the “Project”); and

WHEREAS, the property proposed to be included in the Clayton County Ethanol Urban Renewal Area is within two miles of the boundaries of the City of Postville, Iowa (the “City”); and

WHEREAS, the Board of Supervisors of the County has requested that the City enter into a joint agreement in order to enable the County to exercise urban renewal powers inside and within two miles of the boundaries of the City by establishing the Clayton County Ethanol Urban Renewal Area and carrying out the Project;

NOW, THEREFORE, it is agreed by the County and the City as follows:

Section 1. The County may exercise urban renewal powers pursuant to Chapter 403 of the Code of Iowa with respect to the property proposed to be included in the Clayton County Ethanol Urban Renewal Area as shown on Exhibit A hereto in order to carry out the Project.

Section 2. This Agreement shall be deemed to meet the statutory requirements of paragraph 4 of Section 403.17 of the Code of Iowa and shall be effective following approval by the governing bodies and execution by the appropriate officials of the County and the City.

IN WITNESS WHEREOF, the County has caused this Agreement to be executed by the Chairperson of its Board of Supervisors and attested by its County Auditor, and the City has caused this Agreement to be executed by its Mayor and attested by its City Clerk, as of the dates shown below.

A public hearing was held regarding a final minor subdivision plat of Gaul’s Subdivision. Motion by Bockenstedt, seconded by Keehner, to approve the final minor plat of Gaul’s Subdivision.

Resolution # 37-2007

Accepting the final plat of Gaul Subdivision

WHEREAS, there has been submitted to the Board of Supervisors of Clayton County, Iowa, a plat of real property hereinafter designated as Gaul Subdivision and described as: a subdivision of part of the southeast quarter of the southwest quarter of Section 33, Township 91 North, Range 6 West of the fifth principal meridian, Clayton County, Iowa,

WHEREAS, Larry J. & Marjorie A. Gaul as owner of said real property, has executed and acknowledged an instrument consenting to said plat,

WHEREAS, it appears that said plat complies with all requirements of Chapters 354 and 355 of the Code of Iowa, WHEREAS, the Clayton County Planning and Zoning Commission has recommended approval of said subdivision, affirming that it has complied with all the regulations of Clayton County, Iowa,

THEREFORE BE IT RESOLVED by the Clayton County Board of Supervisors that the Board approves as an official subdivision, the plat of real property to be known as Gaul Subdivision, (approximately 31.51 acres) situated in Clayton County, Iowa, and described as: a subdivision of part of the southeast quarter of the southwest quarter of Section 33, Township 91 North, Range 6 West of the fifth principal meridian, Clayton County, Iowa.

Motion by Keehner, seconded by Bockenstedt, to reappoint Deanna Krambeer to the County Conservation Board. Ayes: Gibbs, Bockenstedt, Keehner

Motion by Keehner, seconded by Bockenstedt, to approve a liquor license for Maggie’s Diner. Ayes: Gibbs, Bockenstedt, Keehner

/s/ Larry Gibbs, Chairman

/s/ Dennis Freitag, County Auditor