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HomeMy WebLinkAboutRESOLUTION NO. 2010-61 Fairfax/419915-15/ Set Date Amend UR Area SET DATE FOR HEARING ON EXPANDED URBAN RENEWAL AREA DESIGNATION AND URBAN RENEWAL PLAN AMENDMENT 419915-15 Fairfax, Iowa December 14, 2010 The Council of the City of Fairfax, Iowa, met on December 14, 2010, at 7:00 o’clock, p.m., at the city hall, in the City, for the purpose of setting a date for a public hearing on the designation of an expanded urban renewal area and on a proposed urban renewal plan amendment. The Mayor presided and the roll being called, the following members of the Council were present and absent: Present: Beer, Frieden, Otto, Magers, and Wainwright Absent: None. The Mayor announced that an amendment to the boundaries of the Fairfax Urban Renewal Area had been prepared, along with an amendment to the urban renewal plan for the area, and that it was now necessary to set a date for a public hearing on the proposed amended area and proposed amendment to the urban renewal plan. Accordingly, Council Member Mager moved the adoption of the following resolution entitled “Resolution Setting Date for a Public Hearing on Designation of the Expanded Fairfax Urban Renewal Area and on Urban Renewal Plan Amendment,” and the motion was seconded by Council Member Beer. Following due consideration, the Mayor put the question on the motion and the roll being called, the following named Council Members voted: Ayes: Beer, Frieden, Otto, Magers, and Wainwright Nays: None. Whereupon, the Mayor declared the resolution duly adopted as follows: -1- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA Fairfax/419915-15/ Set Date Amend UR Area RESOLUTION NO. 2010-61 Setting date for public hearing on designation of the expanded Fairfax Urban Renewal Area and on urban renewal plan amendment WHEREAS, the City Council of the City of Fairfax, Iowa (the “City”) by resolution created the Fairfax Urban Renewal Area (the “Urban Renewal Area”); and WHEREAS, a proposal has been made which shows the desirability of expanding the Urban Renewal Area to add and include all the property within the legal description set out in Exhibit A; and WHEREAS, this Council is desirous of obtaining as much information as possible from the residents of the City before making this decision; and WHEREAS, an amendment to the urban renewal plan covering the expanded Urban Renewal Area has been prepared and it is now necessary that a date be set for a public hearing on the designation of the expanded area and on that plan amendment; NOW, THEREFORE, Be It Resolved by the City Council of the City of Fairfax, Iowa, as follows: Section 1. This Council will meet at the city hall at 525 Vanderbilt Street, Fairfax, Iowa, on the 11th day of January, 2011, at 7:00 o’clock p.m., at which time and place it will hold a public hearing on the designation of the expanded Urban Renewal Area described in the preamble hereof and on the proposed urban renewal plan amendment for said area. Section 2. The City Clerk shall publish notice of said hearing, the same being in the form attached hereto, which publication shall be made in a legal newspaper of general circulation in Fairfax, which publication shall be not less than four (4) nor more than twenty (20) days before the date set for hearing. Section 3. Pursuant to Section 403.5 of the Code of Iowa, the City Clerk is hereby designated as the City’s representative in connection with the consultation process which is required under that section of the urban renewal law. -2- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA Fairfax/419915-15/ Set Date Amend UR Area Section 4. The proposed urban renewal plan amendment is hereby submitted to the City’s Planning and Zoning Commission for review and recommendations, as required by Section 403.5, Code of Iowa. Passed and approved December 14, 2010. Jason Rabe, Mayor Attest: Cynthia Stimson, City Clerk/Treasurer -3- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA Fairfax/419915-15/ Set Date Amend UR Area NOTICE OF PUBLIC HEARING ON DESIGNATION OF EXPANDED FAIRFAX URBAN RENEWAL AREA AND ON PROPOSED URBAN RENEWAL PLAN AMENDMENT Notice Is Hereby Given: That at 7:00 o’clock p..m., at the city hall at 525 Vanderbilt Street, Fairfax, Iowa, on the 11th day of January, 2011, the City Council of the City of Fairfax, Iowa will hold a public hearing on the question of designating an expanded Fairfax Urban Renewal Area, pursuant to Chapter 403, Code of Iowa, by adding and including all the property within the following boundaries: Beginning at the point of intersection of the east right-of-way line of Nickolet Street and the south right-of-way line of Prairie Avenue, thence north along the east line of Nickolet Street to the south right-of-way line of Front Street, thence east along the south line of Front Street to the east right-of-way line of Park Street, thence south along the east line of Park Street to the north right-of-way line of Quarry Drive, thence east along the north line of Quarry Drive to the most easterly end of Quarry Drive, thence south along the east right-of-way line of Quarry Drive and extended south across the Union Pacific Railroad to the north right-of-way line of Railroad Street, thence east along the north line of Railroad Street to the east right-of-way line of Siepman Drive extended, thence south along the east line of Siepman Drive to the north right-of-way line of Main Street, thence east along the north line of Main Street to the west right-of-way line of Burger Lane, thence south along the west line of Burger Lane extended to the south right-of-way line of Main Street, thence west along the south line of Main street to the east right-of-way line of Park Street, thence north along the east line of Park Street to the north right-of-way line of Railroad Street, thence west along the north line of Railroad Street to the east right-of-way line of Vanderbilt Street, thence north along the east line of Vanderbilt street to the north right-of-way line of Losey Avenue extended, thence west and north along the north and east lines of Losey Avenue to the south right-of-way line of Prairie Avenue, thence east along the south line of Prairie Avenue to the east right-of-way line of Nickolet Street and the point of beginning. The subject matter of the public hearing will also include a proposed amendment to the urban renewal plan for the Fairfax Urban Renewal Area covering the area identified above, pursuant to Chapter 403, Code of Iowa, a copy of which amendment is on file for public inspection in the office of the City Clerk. The proposed amendment to the urban renewal plan brings the property described above under the plan and makes it subject to the provisions of the plan. At said hearing any interested person may file written objections or comments and may be heard orally with respect to the subject matters of the hearing. Cynthia Stimson City Clerk -4- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA Fairfax/419915-15/ Set Date Amend UR Area • • • • • On motion and vote the meeting adjourned. Jason Rabe, Mayor Attest: Cynthia Stimson, City Clerk/Treasurer -5- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA Fairfax/419915-15/ Set Date Amend UR Area EXHIBIT A Legal Description Expanded Fairfax Urban Renewal Area (2011 Addition) Beginning at the point of intersection of the east right-of-way line of Nickolet Street and the south right-of-way line of Prairie Avenue, thence north along the east line of Nickolet Street to the south right-of-way line of Front Street, thence east along the south line of Front Street to the east right-of-way line of Park Street, thence south along the east line of Park Street to the north right-of-way line of Quarry Drive, thence east along the north line of Quarry Drive to the most easterly end of Quarry Drive, thence south along the east right-of-way line of Quarry Drive and extended south across the Union Pacific Railroad to the north right-of-way line of Railroad Street, thence east along the north line of Railroad Street to the east right-of-way line of Siepman Drive extended, thence south along the east line of Siepman Drive to the north right-of-way line of Main Street, thence east along the north line of Main Street to the west right-of-way line of Burger Lane, thence south along the west line of Burger Lane extended to the south right-of-way line of Main Street, thence west along the south line of Main street to the east right-of-way line of Park Street, thence north along the east line of Park Street to the north right-of-way line of Railroad Street, thence west along the north line of Railroad Street to the east right-of-way line of Vanderbilt Street, thence north along the east line of Vanderbilt street to the north right-of-way line of Losey Avenue extended, thence west and north along the north and east lines of Losey Avenue to the south right-of-way line of Prairie Avenue, thence east along the south line of Prairie Avenue to the east right-of-way line of Nickolet Street and the point of beginning. Said parcel contains approximately 30.09 acres, subject to easements and restrictions of record. -6- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA Fairfax/419915-15/ Set Date Amend UR Area STATE OF IOWA COUNTY OF LINN SS: CITY OF FAIRFAX I, the undersigned, City Clerk of the City of Fairfax do hereby certify that pursuant to the resolution of its Council fixing a date of public hearing on the question of designating the expanded Fairfax Urban Renewal Area for the City and on a proposed urban renewal plan amendment, the notice, of which the printed slip attached to the publisher’s affidavit hereto attached is a true and complete copy, was published on the date and in the newspaper specified in such affidavit, which newspaper has a general circulation in the City, and copies were sent to the county, school district and community college. WITNESS my hand this 21st day of December, 2010. Cynthia Stimson, City Clerk/Treasurer (Attach here publisher’s affidavit of publication of notice.) (PLEASE NOTE: This certificate must not be dated until the publication has been made and you have reviewed it to be sure that the notice was published on the date indicated in the attached affidavit.) -7- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA Fairfax/419915-15/ Set Date Amend UR Area STATE OF IOWA COUNTY OF LINN SS: CITY OF FAIRFAX I, the undersigned, City Clerk of the City of Fairfax, do hereby certify 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 records and that the attached is a true, correct and complete copy of the corporate records relating to the action taken by the Council preliminary to and in connection with setting a date for public hearing on the question of designating the expanded Fairfax Urban Renewal Area for the City and on an urban renewal plan amendment. th WITNESS my hand this 15 day of December, 2010. Cynthia Stimson, City Clerk/Treasurer -8- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA December 10, 2010 Cynthia Stimson City Clerk/City Hall PO Box 337 Fairfax, IA 52228-0337 Re: Fairfax Urban Renewal Area (2011 Addition) Our File No. 419915-15 Dear Cynthia: Based on information prepared by your engineer, we have prepared the enclosed materials which will enable your City Council to set a date for a public hearing on the expansion of the existing urban renewal area and on an amendment to the existing urban renewal plan for the area. The notice which is included in the enclosed resolution must be published once, not less than four (4) nor more than twenty (20) days prior to the date selected for the hearing. We have enclosed a separate copy of the notice for delivery to the newspaper. Please fax a copy of the published notice to our office at (515) 283-1060. In addition to publishing the notice of a hearing, a copy of the amendment to the urban renewal plan must be submitted to the Planning and Zoning Commission, and the Commission must provide a written recommendation to the City Council with respect to whether the amendment is in conformance with the City’s general or comprehensive plans. Also, a “consultation session” must be set up with the local county, school district and community college. Please refer to my separate letter enclosed for further details. Please return one fully executed set of these proceedings, once all the actions have been taken, and contact me if you have any questions. Sincerely, Robert E. Josten REJ:mlj Enclosures December 10, 2010 Cynthia Stimson City Clerk/City Hall PO Box 337 Fairfax, IA 52228-0337 Re: Fairfax Urban Renewal Area Amendment/Consultation Session Our File Number: 419915-15 Dear Cynthia: The Iowa Urban Renewal Law requires that a city provide information concerning a proposed urban renewal plan or amendment to certain other governmental bodies which might be affected by the use of tax increment financing within your amended urban renewal area. Specifically, the City must send a copy of the urban renewal plan amendment and an invitation to attend a meeting to discuss the urban renewal plan amendment to any county, school district or community college whose jurisdiction covers any property to be included within the amended urban renewal area. It is our understanding that the property within your amended urban renewal area would affect Linn County, College Community School District and the Kirkwood Community College. Enclosed is a draft letter which you may use in order to provide notification to these governmental entities of the date, time and place of a meeting at which they may discuss your urban renewal plan amendment. The law does not require that this be a meeting of the City Council, and you may use your discretion about who represents the City at the meeting. Along with the letter, you should send a copy of the urban renewal plan amendment and a copy of the notice of the public hearing on the urban renewal plan amendment. According to our records, here are the mailing addresses for the individuals who should receive the notification letter and the enclosures: Board of Supervisors c/o County Auditor Linn County Administrative Office Building st 930 1 Street SW Cedar Rapids, IA 52404 Superintendent College Community School District th 401 76 Avenue SW Cedar Rapids, IA 52404 President Kirkwood Community College PO Box 2068 6301 Kirkwood Blvd. SW Cedar Rapids, IA 52406 This meeting with the other governmental jurisdictions must be held at least two weeks before your City Council hearing. We will help you select the date for the meeting and will discuss other procedural matters with respect to the meeting. Please contact me if you have questions. Sincerely, Robert E. Josten REJ:mlj Enclosure \[City letterhead\] DATE: TO: Board of Supervisors, Linn County Superintendent, College Community School District President, Kirkwood Community College FROM: City Council City of Fairfax, Iowa RE: Fairfax Urban Renewal Area Amendment The City of Fairfax is in the process of expanding an urban renewal area, and, pursuant to Section 403.5 of the Code of Iowa, the City is sending you the enclosed copy of its urban renewal plan amendment and scheduling a meeting at which you will have the opportunity to discuss this amendment. The meeting to discuss our urban renewal plan amendment has been set for _________________________, 2010, at _______ o’clock __.m. at the ______________________ in Fairfax. If you are unable to send a representative to the meeting, we invite your written comments. In addition, Section 403.5 gives your designated representative the right to make written recommendations concerning the urban renewal plan amendment no later than seven days following the date of the meeting. The City Council will also hold a public hearing on this urban renewal plan amendment at ______ o’clock __.m. on January 11, 2011, and a copy of the notice of hearing is enclosed for your information. Please call our City Clerk at (319) 846-2204, if you have questions. Enclosure