Loading...
HomeMy Public PortalAboutResolutions-2017-046 DocuSign Envelope ID: 95CAC0A1-CEB4-4EFF-8095-5A99AF113D5E Tiffin/436989-20/NRA Amend MINUTES OF MEETING TO SET HEARING DATE ON PROPOSED AMENDMENT TO REVITALIZATION PLAN (NRA) 436989-20 Tiffin, Iowa June 20, 2017 A meeting of the City Council of the City of Tiffin, Iowa was held at seven p.m., at the Tiffin City Hall Council Chambers, in the City, on June 20, 2017. The Mayor presided and the roll was called, showing members present and absent as follows: Present: Bartels, Kahler, Havens Absent: Upton, Ryan. The City Council took up and considered a proposed amendment to the revitalization plan for the Villages Part I Urban Revitalization Area in the City of Tiffin, Iowa. Whereupon, Council Member Havens moved the adoption of the resolution declaring necessity and providing for notice of hearing on proposed amendment to the revitalization plan for the Villages Part I Urban Revitalization Area. The motion was seconded by Council Member Bartels and passed by record vote as follows: Ayes: Bartels, Havens, Kahler. Nays: None. Whereupon, the Mayor declared the resolution adopted as follows: -1- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA DocuSign Envelope ID: 95CAC0A1-CEB4-4EFF-8095-5A99AF113D5E Tiffin/436989-20/NRA Amend RESOLUTION NO. 2017-046 Resolution providing for notice of hearing on proposed amendment to the revitalization plan for the Villages Part I Urban Revitalization Area WHEREAS, pursuant to the provisions of Chapter Code the City of Tiffinall real property situated within the City as the Villages Part I Urban Revitalization Area the Villages Part I Urban Revitalization Area Urban Revitalization Area; and WHEREAS, it has been proposed that the Plan be amended to (i) update the legal description of the Urban Revitalization Area to include therein the real property described in the Plan Amendment (as hereinafter defined) attached hereto as Exhibit A;and (ii) update the tax abatement schedule for themulti-residential property classification; and WHEREAS, pursuant to the provisions of the Code, before amending the Plan, the City must prepare an amended plan, hold a public hearing thereon, and otherwise comply with the procedures set forth in the Code; and WHEREAS, an amis being prepared for presentation to the City Council for consideration in accordance with the provisions of the Code, said Plan Amendment to have the contents substantially as set forth in Exhibit A attached hereto and by this reference made a part hereof; the Property with respect to the mailed notice and second hearing rights under the Code; NOW, THEREFORE, BE IT RESOLVED by the City Council of Tiffin, Iowa, as follows: Section 1. It is hereby found and determined that the Plan Amendment attached hereto as Exhibit A has been prepared in accordance with the provisions of the Code. Section 2. This City Council will meet at .m., on July 18, 2017, at the Tiffin City Hall Council Chambers in the City, at which time and place it will conduct a public hearing on the Plan Amendment, pursuant to the Code. Section 3. The City Clerk is hereby authorized and directed to present the Certificate and Waiver to the owner of the Property for execution and delivery to the City by no later than July 18, 2017. Section 4. The City Clerk is hereby authorized and directed to give notice as required by the provisions of the Code of such hearing by publication once, in a newspaper published at least once weekly and having general circulation in the City, not less than seven and not more than twenty days before the date on which the hearing will be held. -2- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA DocuSign Envelope ID: 95CAC0A1-CEB4-4EFF-8095-5A99AF113D5E Tiffin/436989-20/NRA Amend Section 5. As authorized by the Code, this City Council hereby waives the mailing of Villages Part I Urban Revitalization Area, due to the lack of a reasonably current and complete address list and the finding of the Council that published notice will be sufficient to apprise such persons of the hearing. Section 6. Such notice shall be in the form substantially, as follows: -3- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA DocuSign Envelope ID: 95CAC0A1-CEB4-4EFF-8095-5A99AF113D5E Tiffin/436989-20/NRA Amend NOTICE OF PUBLIC HEARING OF THE CITY COUNCIL OF TIFFIN, IOWA, RELATING TO THE ADOPTION OF AN AMENDMENT TO THE PLAN FOR THE VILLAGES PART I URBAN REVITALIZATION AREA FOR THE CITY OF TIFFIN, IOWA, PURSUANT TO CHAPTER 404 OF THE CODE OF IOWA. NOTICE IS HEREBY GIVEN: That there is now on file for public inspection in the office of the City Clerk of Tiffin, Iowa, an Amendment to the Revitalization Plan for the Villages Part I Urban Revitalization Area within the City. This City Council will meet at .m., on July 18, 2017, at the Tiffin City Hall Council Chambers, Tiffin, Iowa, at which time a hearing will be held pursuant to the provisions of Chapter Amendment to the Revitalization Plan, pursuant to the provisions of the Code. At such public hearing all residents of the City, and any other person having an interest in the matter may appear and be heard for or against the adoption of the Amendment to the Revitalization Plan, pursuant to the Code. The Amendment to the Revitalization Plan will (i) update the tax abatement schedule for the multi-residential property classification; and(ii) update the legal description of the Urban Revitalization Area to include therein the real propertymore particularly described as follows: Part of the Northeast Quarter of Section 33, Township 80 North, Range 7 West of the 5th P.M., City of Tiffin, Johnson County, Iowa, and more particularly described as follows: Commencing at the Southeast Corner of the Northeast Quarter of the Northeast Quarter of said Section 33; Thence North 01° 32' 42" West, 256.10 Feet along the east line of said Section 33 to the Point of Beginning; Thence South 79° 47' 37" West, 192.73 Feet to a non-tangent curve; Thence Westerly, 153.32 Feet along the arc of a 60.00-Foot Radius Curve, Concave Southerly, said Curve having a Long Chord of North 84° 20' 00" West, 114.88 Feet to a tangent curve; Thence Southwesterly, 21.13 Feet along the arc of a 31.00-Foot Radius Curve, Concave Northwesterly, said Curve having a Long Chord of South 41° 59' 05" West, 20.72 Feet to a tangent curve; Thence Southwesterly, 254.31 Feet along the arc of a 283.00-Foot Radius Curve, Concave Southeasterly, said Curve having a Long Chord of South 35° 46' 09" West, 245.84 Feet to a tangent line; Thence South 10° 01' 31" West, 364.25 Feet to a tangent curve; Thence Southwesterly, 22.18 Feet along the arc of a 15.00-Foot Radius Curve, Concave Northwesterly, said Curve having a Long Chord of South 52° 22' 47" West, 20.21 Feet to a tangent line; Thence North 86° 39' 45" West, 789.81 Feet; Thence North 01° 32' 56" West, 221.50 Feet; Thence South 87° 52' 51" West, 378.64 Feet to the East Line of Auditor's Parcel No. 2010083; Thence North 01° 32' 56" West, 19.28 Feet along said East Line; Thence North 88°27'04" East, 506.85 Feet along said south line to the southeast corner thereof; Thence North 00°05'01" West, 471.57 Feet along the east line of said Parcel; Thence North 73°47'25" West, 154.42 Feet along the northerly line of said Parcel; -4- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA DocuSign Envelope ID: 95CAC0A1-CEB4-4EFF-8095-5A99AF113D5E Tiffin/436989-20/NRA Amend Thence North 41°34'09" West, 164.96 Feet along the northerly line of said Parcel to the southerly line of Auditor's Parcel No. 2007-004; Thence North 40°22'57" East, 91.80 Feet; Thence North 77°08'17" East, 186.79 Feet; Thence South 88°02'20" East, 361.47 Feet; Thence South 65°27'57" East, 163.45 Feet; Thence North 59°23'22" East, 362.01 Feet; Thence South 72°14'21" East, 159.79 Feet; Thence North 65°51'03" East, 257.49 Feet all along said southerly line of Auditor's Parcel 2007- 004 to the East Line of said Section 33; Thence South 01°32'42" East, 588.18 Feet along said East Line of Section 33 to the Point of Beginning, Containing 24.782 Acres, subject to easements and restrictions of record. Published by order of the City Council of the City of Tiffin, Iowa. Doug Boldt City Clerk -5- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA DocuSign Envelope ID: 95CAC0A1-CEB4-4EFF-8095-5A99AF113D5E Tiffin/436989-20/NRA Amend Section 7. All resolutions or parts of resolutions in conflict herewith are hereby repealed, to the extent of such conflict. Section 8. This resolution shall be in full force and effect immediately upon its adoption and approval, as provided by law. Passed and approved June 20, 2017. Mayor Attest: City Clerk There being no further business to come before the meeting, it was upon motion adjourned. Mayor Attest: City Clerk -6- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA DocuSign Envelope ID: 95CAC0A1-CEB4-4EFF-8095-5A99AF113D5E Tiffin/436989-20/NRA Amend EXHIBIT A CONTENTS OF PLAN AMENDMENT (1) Addition of property. (2) Provision of 50% property tax abatement for multi-residential properties for ten years. -7- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA DocuSign Envelope ID: 95CAC0A1-CEB4-4EFF-8095-5A99AF113D5E Tiffin/436989-20/NRA Amend EXHIBIT A-1 MAP OF URBAN REVITALIZATION AREA \[Attach updated Map Here\] -8- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA DocuSign Envelope ID: 95CAC0A1-CEB4-4EFF-8095-5A99AF113D5E Tiffin/436989-20/NRA Amend ATTESTATION CERTIFICATE: STATE OF IOWA COUNTY OF JOHNSON SS: CITY OF TIFFIN I, the undersigned, City Clerk of the City of Tiffin, Iowa, do hereby certify that the above and foregoing is a true, correct and complete copy of the minutes of a meeting of the City Council, held as therein shown, insofar as such minutes pertain to the proposed amendment to the Plan for the Villages Part I Urban Revitalization Area, including a true, correct and complete copy of the resolution referred to in said minutes. WITNESS MY HAND this ____ day of ____________________, 2017. City Clerk -9- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA DocuSign Envelope ID: 95CAC0A1-CEB4-4EFF-8095-5A99AF113D5E Tiffin/436989-20/NRA Amend PUBLICATION CERTIFICATE: STATE OF IOWA COUNTY OF JOHNSON SS: CITY OF TIFFIN I, the undersigned, Clerk of the City of Tiffin, Iowa, do hereby certify that I caused to be published a notice of public hearing, of which the printed slip attached affidavit hereto attached is a true and complete copy, on the date and in the newspaper specified in such affidavit, which newspaper has a general circulation in the City. WITNESS MY HAND this _____ day of ________________, 2017. City Clerk clipping of the notice as published attached.) (PLEASE NOTE: Do not sign and date this certificate until you have checked a copy of the published notice and have verified that it was -10- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA DocuSign Envelope ID: 95CAC0A1-CEB4-4EFF-8095-5A99AF113D5E June 16, 2017 Via Email Doug Boldt City Administrator/City Hall Tiffin, IA Re: Villages Part I Urban Revitalization Area Our File No. 436989-20 Dear Doug: We have prepared and attach proceedings relating to the adoption of a resolution declaring necessity and setting a date for a hearing on the proposal to amend the plan for Villages Part I Urban Revitalization Area. The proceedings attached include the following items: 1. Resolution declaring necessity and providing for notice of hearing. Included as part of the resolution is the notice, which must be published once in a newspaper published at seven and not more than least once weekly and of general circulation in the City, not less than twenty days before the date on which the hearing is to be held. Please print an extra copy of the notice for publishing and filing. 2. Attestation Certificate with respect to validity of the transcript. 3. Publication Certificate with respect to publication of the notice. 4. Certificate and Waiver for execution by the property owner(s) with respect to the mailed notice and second hearing rights under Chapter 404. Please contact Amy Bjork or me if you have any questions. Best regards, John P. Danos Attachments cc: Ashley Jay Platz 801 Grand Avenue | Suite 4100 | Des Moines, IA | 50309-2790 | 4 515.283.1000 | & 515.283.1060 | dorsey.com Certificate Of Completion Envelope Id: 95CAC0A1CEB44EFF80955A99AF113D5EStatus: Completed Subject: Please DocuSign: 2017-046 - Set Date Revite Amend (Tiffin-20 2017).docx Source Envelope: Document Pages: 11Signatures: 6Envelope Originator: Supplemental Document Pages: 0Initials: 0ASHLEY PLATZ Certificate Pages: 5 AutoNav: EnabledPayments: 0300 Railroad St EnvelopeId Stamping: EnabledPO Box 259 Time Zone: (UTC-08:00) Pacific Time (US & Tiffin, IA 52340 Canada)AJAY@TIFFIN-IOWA.ORG IP Address: 10.102.101.11 Record Tracking Status: OriginalHolder: ASHLEY PLATZLocation: DocuSign 6/28/2017 10:24:13 AM AJAY@TIFFIN-IOWA.ORG Signer EventsSignatureTimestamp Steve BernerSent: 6/28/2017 10:25:59 AM steven.lee.berner@gmail.comViewed: 6/28/2017 10:59:20 AM Security Level: Email, Account Authentication Signed: 6/28/2017 10:59:44 AM (None) Using IP Address: 199.120.90.9 Electronic Record and Signature Disclosure: Accepted: 6/28/2017 10:59:20 AM ID: 986e7964-6d99-4df5-884b-fc0689b417f6 Doug BoldtSent: 6/28/2017 10:59:46 AM dboldt@tiffin-iowa.orgViewed: 6/28/2017 11:40:30 AM Security Level: Email, Account Authentication Signed: 6/28/2017 11:40:42 AM (None) Using IP Address: 69.63.16.128 Electronic Record and Signature Disclosure: Accepted: 11/15/2016 7:19:16 AM ID: e71e6fed-796e-4f6c-b8a2-9a25882d8617 In Person Signer EventsSignatureTimestamp Editor Delivery EventsStatusTimestamp Agent Delivery EventsStatusTimestamp Intermediary Delivery EventsStatusTimestamp Certified Delivery EventsStatusTimestamp Carbon Copy EventsStatusTimestamp Notary EventsSignatureTimestamp Envelope Summary EventsStatusTimestamps Envelope SentHashed/Encrypted6/28/2017 10:59:46 AM Certified DeliveredSecurity Checked6/28/2017 11:40:30 AM Signing CompleteSecurity Checked6/28/2017 11:40:42 AM Envelope Summary EventsStatusTimestamps CompletedSecurity Checked6/28/2017 11:40:42 AM Payment EventsStatusTimestamps Electronic Record and Signature Disclosure CONSUMER DISCLOSURE From time to time, CITY OF TIFFIN, IOWA (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign, Inc. (DocuSign) electronic signing system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the ‘I agree’ button at the bottom of this document. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after signing session and, if you elect to create a DocuSign signer account, you may access them for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign ‘Withdraw Consent’ form on the signing page of a DocuSign envelope instead of signing it. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact CITY OF TIFFIN, IOWA: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: AJAY@TIFFIN-IOWA.ORG To advise CITY OF TIFFIN, IOWA of your new e-mail address To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at AJAY@TIFFIN-IOWA.ORG and in the body of such request you must state: your previous e-mail address, your new e-mail address. We do not require any other information from you to change your email address.. In addition, you must notify DocuSign, Inc. to arrange for your new email address to be reflected in your DocuSign account by following the process for changing e-mail in the DocuSign system. To request paper copies from CITY OF TIFFIN, IOWA To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an e-mail to AJAY@TIFFIN-IOWA.ORG and in the body of such request you must state your e-mail address, full name, US Postal address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with CITY OF TIFFIN, IOWA To inform us that you no longer want to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your DocuSign session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an e-mail to AJAY@TIFFIN-IOWA.ORG and in the body of such request you must state your e-mail, full name, US Postal Address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software Operating Systems: Windows® 2000, Windows® XP, Windows Vista®; Mac OS® X Browsers: Final release versions of Internet Explorer® 6.0 or above (Windows only); Mozilla Firefox 2.0 or above (Windows and Mac); Safari™ 3.0 or above (Mac only) PDF Reader: Acrobat® or similar software may be required to view and print PDF files Screen Resolution: 800 x 600 minimum Enabled Security Settings: Allow per session cookies ** These minimum requirements are subject to change. If these requirements change, you will be asked to re-accept the disclosure. Pre-release (e.g. beta) versions of operating systems and browsers are not supported. Acknowledging your access and consent to receive materials electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format on the terms and conditions described above, please let us know by clicking the ‘I agree’ button below. By checking the ‘I agree’ box, I confirm that: •I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC CONSUMER DISCLOSURES document; and •I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and •Until or unless I notify CITY OF TIFFIN, IOWA as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by CITY OF TIFFIN, IOWA during the course of my relationship with you.