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HomeMy Public PortalAboutResolutions-2017-056 DocuSign Envelope ID: F75C9A00-DA6D-49E0-BA77-5927EBE6EA27 Tiffin/ 436989-17/ UR Hrg Add to Area& Ord-1 cons ADDITION TO THE URBAN RENEWAL AREA DESIGNATION AND PLAN HEARING 436989-17 Tiffin, Iowa July 18, 2017 The City Council of the City of Tiffin, Iowa, met on July 18, 2017, at seven p.m., at the Tiffin City Hall Council Chambers, in the City for the purpose of conducting a public hearing on the designation of the expanded Tiffin Urban Renewal Area and on urban renewal plan amendment. The Mayor presided and the roll being called the following members of the Council were present and absent: Present: Jo Kahler, Al Havens, Peggy Upton. Absent: Mike Ryan, Jim Bartels. The City Council investigated and found that notice of the intention of the Council to conduct a public hearing on the designation of an urban renewal area and on a proposed urban renewal plan amendment had been published according to law and as directed by the Council and that this is the time and place at which the Council shall receive oral or written objections from any resident or property owner of the City. All written objections, statements, and evidence heretofore filed were reported to the City Council, 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: No one present and nothing received at City Hall. There being no further objections, comments, or evidence offered, the Mayor announced the hearing closed. -1- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA DocuSign Envelope ID: F75C9A00-DA6D-49E0-BA77-5927EBE6EA27 Tiffin/ 436989-17/ UR Hrg Add to Area& Ord-1 cons Council Member Kahler 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 Amendment for the Tiffin Urban Renewal Area seconded by Council Member Havens After due consideration, the Mayor put the question on the motion and the roll being called, the following named Council Members voted: Ayes: Havens, Kahler, Upton. Nays: None. Whereupon, the Mayor declared the resolution duly adopted and signed approval thereto. -2- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA DocuSign Envelope ID: F75C9A00-DA6D-49E0-BA77-5927EBE6EA27 Tiffin/ 436989-17/ UR Hrg Add to Area& Ord-1 cons RESOLUTION NO. 2017-056 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 Amendment for the Tiffin Urban Renewal Area WHEREAS, as a preliminary step to exercising the authority conferred upon Iowa cities by Chapter resolution finding that one or more slums, blighted or economic development areas exist in the municipality 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 municipality; and WHEREAS, th WHEREAS, a proposal has been made which shows the desirability of expanding the description set out in Exhibit A hereto; and WHEREAS, the proposal demonstrates that sufficient need exists to warrant finding the Property to be an economic development area; and been prepared which (1) covers the addition of the Property to the Urban Renewal Area; and (2) authorizes the undertaking of a new urban renewal project in the Urban Renewal Area consisting of providing economic development support to certain commercial properties, including using tax increment financing for the improvement and extension of Village Drive; and WHEREAS, notice of a public hearing by the City Council on the question of establishing the Property as an urban renewal area and on the proposed Amendment was heretofore given in strict compliance with the provisions of Chapter 403 of the Code of Iowa, and the Council has conducted said hearing on July 18, 2017; and WHEREAS, the Planning and Zoning Commission of the City has reviewed and commented on the proposed Amendment; and WHEREAS, copies of the Amendment, notice of public hearing and notice of a consultation meeting with respect to the Amendment were mailed to Johnson County and the Clear Creek Amana Community School District; the consultation meeting was held on the ___ day of ________________, 2017; and responses to any comments or recommendations received following the consultation meeting were made as required by law; -3- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA DocuSign Envelope ID: F75C9A00-DA6D-49E0-BA77-5927EBE6EA27 Tiffin/ 436989-17/ UR Hrg Add to Area& Ord-1 cons NOW, THEREFORE, It Is Resolved by the City Council of the City of Tiffin, Iowa, as follows: Section 1. An economic development area as defined in Chapter 403 of the Code of Iowa, is found to exist on the Property. 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 July 2017 Addition to the Tiffin Urban Renewal Area. Section 3. The development of the Property is necessary in the interest of the public health, safety or welfare of the residents of the City. Section 4. It is hereby determined by this City Council as follows: A. The proposed Amendment and the projects and initiatives described therein conform to the general plan of the municipality as a whole; B. The proposed economic development projects described in the Amendment are necessary and appropriate to facilitate the proper growth and development of the City in accordance with sound planning standards and local community objectives. Section 5. The Amendment attached hereto and made a part hereof, 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. Passed and approved July 18, 2017. Mayor Attest: City Clerk (Attach copy of the urban renewal plan amendment to this resolution.) -4- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA DocuSign Envelope ID: F75C9A00-DA6D-49E0-BA77-5927EBE6EA27 Tiffin/ 436989-17/ UR Hrg Add to Area& Ord-1 cons EXHIBIT A Legal Description 2017 Addition to the Tiffin Urban Renewal Area 1. State of Iowa I 80 All that portion of Interstate 80 and the ramp rights of way obtained and owned by the State of Iowa that lies within Section 33, Township 80 North, Range 7 West of the 5th P.M., Johnson County, Iowa. Contains approximately 68.7 acres. 2. Wombacher Partnership (Agricultural Land) The northeast quarter of Section 33, Township 80 north, Range 7 west of the 5th P.M., excepting that part thereof taken by the State of Iowa for highway purposes AND All that part of said Nl/2 SEl/4 that lies northerly and northeasterly of the northerly right-of-way of interstate 80. Contains 126.94 acres more or less. 3. The east 100-feet of the Southwest ¼ of Section 28, Township 80 north, Range 7 west of the 5th P.M. AND The west 100-feet of the Southeast ¼ of Section 28, Township 80 north, Range 7 west of the 5th P.M. 4. Robert's Ferry Road right of way from the south line of the north 1/2 of Section 28, Township 80 north, Range 7 west of the 5th P.M. in a northerly direction up to the south property line of Song Bird Estates a.k.a. Songbird Estates Addition to the City of Tiffin. 5. All of the Jasper Avenue right of way from the north boundary of the Interstate 80 right of way northerly to the north boundary line of the Iowa Interstate Railroad. 6. Schneider' s (Agricultural Land) A portion of the Northwest one quarter of Section 34, Township 80 North, Range 7 West of the Fifth Principal Meridian, Johnson County, Iowa the boundaries of which are described as follows: Beginning at the West Quarter Corner of Section 34, Township 80 North, Range 7 West, of the 5th Principal Meridian; Thence N00°00'00"E, an assumed bearing along the West Line of said Northwest Quarter, 1322.05 feet; Thence S88°55'00"E, 1060.19 feet, to the Northwest Corner of Lot 2 of Forest Ridge Subdivision, as recorded in Plat Book 22 at Page 34, of the Records of the Johnson County Recorder's Office; Thence S00°00'00"W, 427.01 feet, to the Southwest Corner of said Lot 2; Thence N88°16'50"E, along the south line of said Lot 2, 289.88 feet; Thence S82°10'41"E along said south line of Lot 2, 134.11 feet; Thence S88°5 l ;02"E, along said south line of Lot 2, 200.42 feet, to the Southeast Corner thereof; Thence Southeasterly, 147.37 feet, along the southerly Right-of-Way Line of Platted Ridge Drive, on a 50.00 foot radius cul-de-sac curve, whose 99.53 foot chord bears -5- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA DocuSign Envelope ID: F75C9A00-DA6D-49E0-BA77-5927EBE6EA27 Tiffin/ 436989-17/ UR Hrg Add to Area& Ord-1 cons S83°17'06"E; Thence N73°59'51"E, along said southerly Right-of-Way Line, 104 .91 feet; Thence Northeasterly, 42.88 feet, along said southerly Right-of-Way Line, on a 50.00 foot radius curve, concave northwesterly, whose 41.57 foot chord bears N49°25'55"E; Thence N24°51'58"E along said southerly Right-of-Way Line, 57.71 feet; Thence Northeasterly, 192.37 feet, along a 170.00 foot radius curve, concave southeasterly, whose 182.27 foot chord bears N57°17'04"E; Thence N89°42 '09"E, along said southerly Right-of-Way Line, 44.25 feet; Thence southeasterly, 78.54, along said southerly Right-of-Way Line, on a 50.00 foot radius curve, concave southwesterly, whose 70.71 foot chord bears S45°17'5l"E; Thence S00°17'51"E along said southerly Right-of-Way Line, 172.05 feet; Thence S88°55'00"E along said southerly Right-of-Way Line, 304.97 feet; Thence S00°17' 5l"E, along said southerly Right-of-Way Line, 23.82 feet; Thence N89°05'09"E along said southerly Right-of-Way Line, 109.60 feet, to the Southeast Corner thereof; Thence Southeasterly, 23.20 feet, along the westerly Right-of-Way Line of Jasper Avenue, on a 1960.00 radius curve, concave northeasterly, whose 23.20 foot chord bears S02°35'04"E; Thence S02°55'25"E, along said westerly Right-of-Way Line, 203.22 feet; Thence S87°39 '4l"W, 273.43 feet; Thence S02°20' 19"E, 517.39 feet, to a point on the Northerly Right-of-Way Line of Interstate Highway No. 80, which is 140.00 feet, normally distant northerly of the Centerline of said Highway; Thence S88°00'57"W along said Northerly Right-of-Way Line 1151.53 feet to a point which is 140.00 feet, normally distant northerly of said Highway centerline, at Station 600+00; Thence N86°16'25"W, along said Northerly Right-of-Way Line, 100.50 feet, to a point which is 150.00 feet normally distant northerly of said Highway centerline at Station 599+00; Thence S88°00'57"W, along said Northerly Right-of-Way Line, 500.00 feet, to a point which is 150.00 normally distant northerly of said Highway Centerline, at Station 594+00; Thence S87°04'07"W, along said Northerly Right-of- Way Line, 611.09 feet, to a point on the West Line of said Southwest Quarter of Section 34, which is 140.00 normally distant northerly of said Highway Centerline; Thence N00°00'00"E, 28.92 feet, to the Point of Beginning. Excepting therefrom a portion of the Northwest one-quarter of Section 34, Township 80 North, Range 7 West of the 5th Principal Meridian, City of Tiffin, Johnson County, Iowa, the boundaries of which are described as follows: Commencing at the Southwest corner of Lot I, Jasper Hill Subdivision, Johnson County, Iowa according to the recorded plat thereof, recorded in Plat Book 35 at Page 35 in the records of the Johnson County Recorder; Thence N02°20'19"W, along the westerly line of said Lot 1, a distance of 66.00 feet to the Point of Beginning; Thence S88°00'57"W, 124.68 feet; Thence northeasterly, 173.47 feet along an arc of a 110.00 foot radius curve, concavenorthwesterly, whose 156.04 foot chord bears N42°50'19"E; Thence N02°20' l 9"W, 298.72 feet; Thence northeasterly, 287.60 feet along an arc of a 190.00 foot radius curve, concave southeasterly, whose 260.92 foot chord bears N41°0l '32"E; Thence N84°23'23"E, a distance of 106.97 feet to a point on the westerly right-of-way line of Jasper Avenue NW; Thence S02°55'25"E,along said westerly right-of-way line, 80.09 feet; Thence S84°23'23"W, 103.22 feet; thence southwesterly, 123.55 feet along an arc of a 110 .00 foot radius curve concave southeasterly, whose 117.16 foot chord bears S52°12'47"W, to a point on the northerly line of said Lot l; Thence S87°39'41W, along said northerly line, 74.28 feet to the Northwest Comer of said Lot 1; Thence S02°20'19"E, along the westerly line of said Lot 1, a distance of 451.39 feet to the Point of Beginning. The resultant acreage is 58.35 acres and is subject to easements and restrictions of record. -6- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA DocuSign Envelope ID: F75C9A00-DA6D-49E0-BA77-5927EBE6EA27 Tiffin/ 436989-17/ UR Hrg Add to Area& Ord-1 cons Except the following Parcels: A. The Final Plat of Villages of Tiffin Subdivision in the Northwest Quarter of Section 33, Township 80 North, Range 7 th West of the 5 P.M., City of Tiffin, Johnson County, Iowa, recorded November 13, 12.00 acres, more or less, subject to all easements and restrictions of record. B. -083, being in the Northeast Quarter of th Section 33, Township 80 North, Range 7 West of the 5 P.M., City of Tiffin, Johnson County, Iowa, recorded December 20, 2010, in Book 55, Page 181, in the all easements and restrictions of record. C. -071, being in the Northeast Quarter of th Section 33, Township 80 North, Range 7 West of the 5 P.M., City of Tiffin, Johnson County, Iowa, recorded October 8, 2013, in Book 58, Page 18, in the all easements and restrictions of record. D. Plat of Surv-004, being in the Northeast Quarter of th Section 33, Township 80 North, Range 7 West of the 5 P.M., City of Tiffin, Johnson County, Iowa, recorded March 8, 2017, in Book 61, Page 20, in the containing 1.82 acres, more or less, subject to all easements and restrictions of record. -7- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA DocuSign Envelope ID: F75C9A00-DA6D-49E0-BA77-5927EBE6EA27 Tiffin/ 436989-17/ UR Hrg Add to Area& Ord-1 cons Upon motion and vote, the meeting adjourned. Mayor Attest: City Clerk -8- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA DocuSign Envelope ID: F75C9A00-DA6D-49E0-BA77-5927EBE6EA27 Tiffin/ 436989-17/ UR Hrg Add to Area& Ord-1 cons STATE OF IOWA COUNTY OF JOHNSON SS: CITY OF TIFFIN I, the undersigned, do hereby certify that I am the duly appointed, qualified and acting City Clerk of the City of Tiffin, and that as such I have in my possession or have access to the complete corporate records of the City and of its officers; and that I have carefully compared the transcript hereto attached with the aforesaid records and that the attached is a true, correct and complete copy of the corporate records relating to the action taken by the City Council preliminary to and in connection with designating an urban renewal area and approving the urban renewal plan amendment for the Tiffin Urban Renewal Area in the City. WITNESS MY HAND this ___ day of ______________________, 2017. City Clerk (Please attach to this certificate a copy of the minutes or a resolution of the Planning and Zoning Commission showing the action taken by that Commission with respect to the urban renewal plan amendment.) -9- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA DocuSign Envelope ID: F75C9A00-DA6D-49E0-BA77-5927EBE6EA27 July 14, 2017 VIA EMAIL Doug Boldt City Administrator/City Hall Tiffin, IA Re: Tiffin Urban Renewal Area Our File No. 436989-17 Dear Doug: Attached please find two sets of proceedings for use by the City Council at their July 18, 2017 meeting. designation of the expanded urban renewal area and adopting a resolution to approve the amended urban renewal plan for that area. The resolution states that the Planning and Zoning Commission has approved the amended urban renewal plan, and that the required consultation session has been held with Johnson County and the Clear Creek Amana Community School District. If either of these actions has not been taken, please call me immediately. The second set of proceedings covers the adoption of the tax increment ordinance for the expanded urban renewal area. We have prepared the proceedings on the presumption that the City Council will waive the statutory requirement that an ordinance be considered at two meetings prior to the meeting at which it is finally adopted. This waiver requires the affirmative vote of not less than four of the five City Council members. If the Council does not choose to follow this procedure, we will provide substitute proceedings covering the separate considerations of the ordinance. This ordinance may be adopted immediately after the amended urban renewal plan has been approved by resolution. Once the ordinance has been finally adopted, it must be published and a copy must be filed with the County Auditor of Johnson County. Please print extra copies of the ordinance for publishing and filing. Certificates are included in the proceedings to attest to each of those acts. We will appreciate receiving executed copies of these proceedings as soon as they are available. 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: F75C9A00DA6D49E0BA775927EBE6EA27Status: Completed Subject: Please DocuSign: 2017-056 - Establish URA Plan Amendment.doc Source Envelope: Document Pages: 10Signatures: 5Envelope 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 7/20/2017 7:09:35 AM AJAY@TIFFIN-IOWA.ORG Signer EventsSignatureTimestamp Steve BernerSent: 7/20/2017 7:11:11 AM steven.lee.berner@gmail.comViewed: 7/20/2017 1:10:13 PM Security Level: Email, Account Authentication Signed: 7/20/2017 1:10:28 PM (None) Using IP Address: 199.120.90.9 Electronic Record and Signature Disclosure: Accepted: 7/20/2017 1:10:13 PM ID: bd43b0d5-dab0-4dd6-9010-b0838da5266f Doug BoldtSent: 7/20/2017 1:10:29 PM dboldt@tiffin-iowa.orgViewed: 7/21/2017 10:12:45 AM Security Level: Email, Account Authentication Signed: 7/21/2017 10:19:59 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/Encrypted7/20/2017 1:10:29 PM Certified DeliveredSecurity Checked7/21/2017 10:12:45 AM Signing CompleteSecurity Checked7/21/2017 10:19:59 AM Envelope Summary EventsStatusTimestamps CompletedSecurity Checked7/21/2017 10:19:59 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. 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