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Home My WebLink AboutRESOLUTION NO. 2013-43 Faitfax419915-19/2013AmdmtUR Plan APPROVE 2013 AMENDMENT TO FAIRFAX URBAN RENEWAL AREA PLAN AND TIF ORDINANCE AMENDMENT 419915-19 Fairfax, Iowa July 23, 2013 The City Council of the City of Fairfax,, Iowa, met on July 23, 2013, at 6:00 o'clock, p.m., at the City Hall, for the purpose of conducting a public hearing 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: JoAnn Beer,,_Bernie Frieden, and Travis Otto Absent: Marc Maizers and Marianne Wainwright The City Council investigated and found that notice of the intention of the Council to conduct a public hearing on the 2013 Amendment to the urban renewal plan for the Fairfax Urban Renewal Area 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 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: None. There being no further objections, comments, or evidence offered, the Mayor announced the hearing closed. DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES, IOWA 1"airfax419915-19/2Dl3AmdmtUR Plan Council Member Beer moved the adoption of a resolution entitled "A Resolution to Approve 2013 Urban Renewal Plan Amendment for the Fair-fax Urban Renewal Area", seconded by Council Member Otto. After 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 Nays: None. Whereupon, the Mayor declared the resolution duly adopted and signed approval thereto. -2- DORSEY& WHITNEY LLP,ATTORNEYS,DES:MOINES,IOWA Fairfax419915-19/2013AmdmCUR Plan RESOLUTION NO. 2013-43 A resolution to approve 2013 Urban Renewal Plan Amendment for the Fairfax Urban Renewal Area WHEREAS, the City Council of the City of Fairfax, Iowa (the "City") has created the Fairfax Urban Renewal Area (the "Urban Renewal Area") and has approved an urban renewal plan for the Urban Renewal Area; and WHEREAS, it has been recommended that certain property should be added to the Urban Renewal Area, as shown in Exhibit A to this resolution; and WHEREAS, Chapter 403 of the Code of Iowa requiresthat, before a city approves any new urban renewal project, a city must amend the existing urban renewal plan to include that new project; and WHEREAS, an amendment to the urban renewal plan for the Urban Renewal Area has been prepared which describes certain property that will be added to the Urban Renewal Area and the use of incremental property tax revenues for new urban projects related to certain street, street lighting, sanitary sewer, storm sewer, drainage, water main and trail improvements; and WHEREAS, notice of a public hearing by the City Council on the proposed urban renewal plan amendment was heretofore given in strict compliance with the provisions of Chapter 403 of the Code of Iowa, and the Council has conducted the hearing; and WHEREAS, copies of the urban renewal plan amendment, notice of public hearing and notice of a consultation meeting with respect to the urban renewal plan amendment were sent to Linn County and the College Community School District and the consultation meeting was held on the 81h day of July, 2013; and WHEREAS, the urban renewal plan amendment was reviewed by the Plan and Zoning Commission and found to be consistent with the general plan for the City; NOW, THEREFORE, It Is Resolved by the City Council of the City of Fairfax, Iowa, as follows: Section 1, An economic development area as defined in Chapter 403 of the Code of Iowa is found to exist with respect to the taxable property described in Exhibit A. Section 2. The property identified in Section I hereof is hereby declared to be an urban renewal area, in conformance with the requirements of Chapter 403 of the Code of Iowa, :and the development of this property is necessary in the interest of the public welfare of the residents of the City. Section 3 The 2013 Amendment to the Urban Renewal Plan for the Fairfax Urban Renewal Area, attached hereto and made a part hereof, is hereby in all respects approved, and the proposed projects included in such amendment are hereby in all respects approved, subject to the -3- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Falrfax419915-1912013AmdmtUR Plan receipt by the City of a resolution from the .Linn, County Board of Supervisors approving the inclusion in the Urban Renewal Area of thero. ertY described in Exhibit A. p p Section 4. It is hereby determined by this City Council as follows: A. The 2013 Amendment to the Urban Renewal Plan for the Fairfax Urban Renewal Area conforms to the general plan of the City, B. The proposed street improvement projects described in the 2013 Amendment to the Urban. Renewal Plan for the Fairfax Urban Renewal Area 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. All resolutions or parts thereof in conflict herewith are hereby repealed, to the extent of such conflict. Passed and approved July 23, 2013. Jason ' e,Mayor I Attest: Cyn is Stimson, City Clerk/Treasurer CL $ -J • -4- DORSEY&W14ITNEY LLP,ATTORNEYS,DES MOINES,IOWA 1"airfax419915-19/2013A.dmtUR Plan CITY OF FAIRF AXIOWA FAIRFAX URBAN RENEWAL AREA 2013 AMENDMENT URBAN RENEWAL PLAN The Urban Renewal Plan for the Fairfax Urban Renewal Area (the "Urban Renewal Area") is hereby amended in accordance with the provisions of Chapter 403 of the Code of Iowa to give information about certain property that is proposed to be added to the Urban Renewal Area and new urban renewal projects that are proposed to be tuidertaken in the Urban Renewal Area. The property to be added to the Urban Renewal Area includes approximately 105 acres located south of Cemetery Road, cast of the city limits and north of the Union Pacific Railroad right-of-way, all as more specifically shown in the amendment on file in the office of the City Clerk, and described on Exhibit A to this Amendment, The new projects include certain street, street lighting, sanitary sewer, storm sewer, drainage, water main and municipal trail system improvements along East Cemetery Road from Highway 151 to Driftwood Lane, south of East Cemetery Road at the sewer lift station, through Arp's property south of East Cemetery Road to Prairie Creek, south of East Cemetery Road along a Prairie Creek tributary to Prairie Creek, north of East Cemetery Road to Casey's property, and on 801x` Street from East Cemetery Road to Creek Side Drive. The following information is provided in accordance with the requirements of Section 403,17 of the Code of Iowa: Outstanding general obligation debt of the City $4,789,000 Constitutional debt limit of the City- $8,940,000 Proposed debt to be incurred in Urban Renewal Area: $2,940,000 -5- I)ORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairfax419915-19/2013ArndrntUR Plan Urban Renewal Area Amendment Add all of the property contained within the following legal description: Parcel 'A', Plat of Survey No. 1500, a part of the NW Y4SW`%in Section 10-82-8W of the 5th P.M., Linn County, Ilowa as recorded in Book 7340, Page 220 in the Office of the Linn County Recorder; And The NW % of the SW 1/4 of Section 10, Township 82 North, Range 8 West of the 5th p M. Linn County, Iowa except Parcel 'A' Plat of Survey No. 1500, and except the North 258.71 feet of the West 395.09 feet of said NW 1/ of the SW % of Section 10, Township 82 North, Range 8 West, subject to easements of record and; And The NE % of the SW 1/4, Section 10, Township 82 North, Range 8 West of the 5t'' P.M., Linn County, Iowa; And Lot 2, Irregular Survey SE % SW '/4 except the Railroad, in Section 10-82-8, also excepting that part of Lot 2, Irregular Survey SE % SW%described as follows: Commencing at the SW%of Sec. 10; thence due North along the West line of said Sec. 10 a distance of 190.4 feet to the North Right-of-way line of the Chicago and Northwestern Railroad-, thence South 88°47 '/x' East along the said North Right-of-way line, 1319 feet more or less to the West line of the SE %'SW % of said Sec. 10; thence North 0'16 1/2' West along the said West line, 25.0 feet to the point of beginning; thence North 0°161/2' West, 496.0 feet; thence South 88°47 '/2' East, 500.0 feet; thence South 57* 47 1/2' East, 460.00 feet; thence South 490 41 %' East, 410.50 feet to the North Right-of-way line of the Chicago and Northwestern Railroad; thence North 88'47 1/2' West along the said North Right-of-way line, 1200.00 feet to the point of beginning; And Lot 5, Irregular Survey SW 1/4SW% in Section 10-82-8, Linn County, Iowa except the South 521 feet of said Lot 5. Said parcel contains approximately 105 acres, subject easements and restrictions of record, -6- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairfax/419915-19/TIF Ordinmice Council Member Frieden introducedan ordinance entitled "Ordinance No. 06. An Ordinance Providing for the Division of Taxes Levied on Taxable Property in the 2013 Amendment to the Fairfax Urban Renewal Area, Pursuant to Section 403.19 of the Code of Iowa." It was moved by Council Member Beer and seconded by Council Member Frieden that the ordinance be adopted. The Mayor put the question on the, motion and the roll being called, the following named Council Members voted, Ayes: _Beer, Frieden, and Otto Nays: None Whereupon, the Mayor declared the motion duly carried and declared that the ordinance had been given its initial consideration. Upon motion and vote, the meeting adjourned. Jas h Rabe, Mayor Attest: Cyn 'a Stimson, City Clerk/Treasurer 7 DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA