HomeMy WebLinkAboutA052 - Legal Opinion dated February 23, 2001 - City Attorney's Office
• 515 Clark Avenue,P. O.Box 811
Caring People Ames,IA 50010
Quality Programs Phone: 515-239-5146 •Fax: 515-239-5142
Ewepiimial Service
February 23, 2001
The Honorable Ted Tedesco, Mayor
And Members of the City Council
of the City of Ames, Iowa
Re: Tax Exemption- Somerset
Dear Mayor Tedesco and Council Members:
Since November the City staff and the Council have been working with the developers of Somerset
to articulate a mutually acceptable plan for property tax exemptions as an incentive for
implementation of a village concept for the site. The only legal mechanism a City has for granting
tax exemptions for residential and commercial developments is through related provisions of the
Urban Renewal Law(Chapter 403,Code of Iowa) and the Urban Revitalization Law(Chapter 404,
Code of Iowa).
Initially,both the Urban Renewal Law and the Urban Revitalization Law were directed only at so-
called "slum and blighted conditions". Subsequently, the Iowa Legislature amended both laws to
provide a means of granting tax exemptions in support of economic development goals. In the
Somerset area, the legal rationale for tax incentives would be to induce economic development to
occur in a socially desirable manner, i.e., the "Village Concept", that might not occur without the
tax incentives.
The statutory path to tax exemptions in the Somerset residential area begins with Section 404.1,Iowa
Code, where it is stated that a city can designate a site as an urban revitalization area in which tax
exemptions can be granted if it is any one of five listed kinds. One of those kinds listed is:
"4. An area which is appropriate as an economic development area as defined in
section 403.17."
Section 403.17, in the Urban Renewal law states in pertinent part:
"9. `Economic development area' means an area of a municipality designated by a
local governing body as appropriate for ...public improvements related to housing
and residential development ..."
1
The City Council has, of course, by approving the development agreement for construction of the
public improvements related to development of Somerset, necessarily designated that area as
appropriate for public improvements related to residential development, so the definition of
"economic development area"is met.
The next step on the path to tax exemptions in Somerset is to do the things required by Section
404.2, Code of Iowa. The first requirement is a resolution finding that"economic development"of
the area is necessary and that the area substantially meets the criteria of Section 404.1,Code of Iowa.
The City will do that if it decides to adopt the proposal now before it. The second item in Section
404.2 is a"plan"that includes,per 404.2(2)(h):
"Any tax exemption schedule that shall be used in lieu of the schedule set out in
section 404.3 subsections(1),(2),(3),or(4). This schedule shall not allow a greater
exemption, but may allow a smaller exemption, than allowed in the schedule
specified in the corresponding subsection of section 404.3."
The plan prepared for the Somerset area does contain a tax exemption schedule in lieu of the
schedule set out in 404.3. It is a schedule that allows only the 100%for three years exemption. The
corresponding subsection of 404.3 is subsection(3)thereof. Since the"in lieu"schedule is the same
as 404.3(3) it is no greater than that corresponding subsection.
However, in adopting a different schedule in lieu of the 404.3(1), (2), (3), and (4) options, it is
necessary to comply with section 404.3(6)which states:
"However, a city or county shall not adopt a different schedule unless every
revitalization area within the city or county has the same schedule applied to it except
in areas of the city or county which have been designated as both urban renewal and
urban revitalization areas."
That is,in order to limit the tax exemption for Somerset to 100% for three years it is necessary that
the Somerset area be both an urban revitalization area and an urban renewal area. So,the path leads
us back to chapter 403 (Urban Renewal)to find a definition of urban renewal area. That definition
is found at section 403.17(23) as follows:
"23. `Urban renewal area'means a slum area,blighted area,economic development
area, or combination of the areas, which the local governing body designates as
appropriate for an urban renewal project." (Emphasis supplied)
By returning to the definition of"economic development area"it is revealed that an urban renewal
area and an urban revitalization area are both any area designated as appropriate for public
improvements related to housing and residential development. Somerset is that. If the Council
adopts the proposed plan for revitalization area tax incentives in Somerset the resolution doing so
will recite that the area is also an urban renewal area for the purpose of meeting the requirements of
section 404.3(6). The Somerset area can be designated as an "urban renewal area" without the
planning commission recommendation, notice and hearing required by Sec. 403.5, Iowa Code,
2
because those requirements relate only to approval of an "urban renewal plan". The City does not
need to adopt an urban renewal plan. The terms "urban renewal plan" is defined at 403.17(23).
"Urban Renewal Area"is defined at 403.17(22). It is legally possible to have an urban renewal area
designated without having an urban renewal plan adopted. That is the end of the path to reach the
goal of a tax exemption of 100% for three years only.
In addition to providing a tax exemption for the residential area of Somerset, it is also proposed to
broaden the tax exemption already available in the commercial area of Somerset. The commercial
area of Somerset was designated an Urban Revitalization Area No. 7 in 1997. That designation
remains in effect. The existing plan for that area allows tax exemption for only three things: a) a
grocery store, b) sit-down restaurant, and c) a retail store with LMI housing on the second and
subsequent stories. That exemption is also for economic development per that part of the Sec.
403.17(9) definition of economic development area that relates to "commercial ... enterprises"and
"housing and residential development for low and moderate income families". The proposed
amendment now pending for URA#7 would provide a three year 100% exemption for any and all
establishments engaged in the retail sale of goods and services; and for any and all buildings
constructed for residential occupancy.
Copies of the resolutions to amend the plan for URA#7; and,to adopt a plan for tax exemptions in
the new Somerset Urban Revitalization Area, that are now pending, are attached.
If the resolution to approve the plan, and the ordinance to designate the area for the new Somerset
URA are adopted; and, the resolution amending the plan for URA #7 is adopted; then, the staff
proposes that another amendment be adopted, with respect to both URA#7 and the new URA for
the residential area, so as to limit the tax exemption for residential property to only single family
detached dwellings. That amendment requires another public hearing, after at least seven days
published notice. That amendment could come to the Council for action at a regular or special
meeting in March, after seven days published notice. To do what the staff is recommending in its
Council Action Form, do not pass any resolutions on this matter at the February 27 meeting.
Yours truly,
vN-�_
John R. K aus
City Attorney
Encls.
JRK:dls
3
RESOLUTION NO.
RESOLUTION AMENDING THE PLAN FOR
URBAN REVITALIZATION AREA NO. 7
WHEREAS, by Resolution No. 97-498 the Ames City Council enacted an Urban
Revitalization Plan for Urban Revitalization Area No. Seven; and,
WHEREAS, it is now desired to amend the said plan; and,
WHEREAS, the required notice and public hearing has occurred pursuant to Subsection
404.2(6) with respect to the proposed amendment;
NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Ames,
Iowa, that the said urban revitalization plan for Urban Revitalization Area Seven shall be and is
hereby amended by adding the following to that plan:
RESIDENTIAL AND RETAIL COMMERCIAL INCENTIVE
Resolution No. 97-498 is amended retroactively and prospectively to designate urban
revitalization area number 7 as both an urban renewal and an urban revitalization area. Any and all
buildings that are constructed for residential occupancy during a period beginning March_,2001,
to and including March _, 2004; and, any and all buildings that are constructed for use as an
establishment for retail sale of goods and or services during that same period; shall be eligible to
receive, for a period of three tax years, a 100% exemption from tax of the actual value added to the
taxed real estate by the said buildings,but on condition that,during the period from March_,2001
to March_, 2004, there shall occur with respect to the Somerset subdivisions:
1. Not less than ten single-family detached or attached housing units shall either be
under construction or complete and offered for sale at all times.
2. With respect to the aforesaid housing units, special financing terms shall be offered
to persons purchasing such units for their own occupancy,in the form of interest write downs or cash
bonuses equaling, at a minimum, $3,000 up to $6,500 depending on the mortgage amount.
3. Purchasers of lots from the Developers will be eligible to receive house plans that
have been approved to meet the architectural guidelines in Somerset. These plans will be provided
to the lot purchaser free of charge.
4. Developers,with respect to newly constructed and never occupied homes for sale in
the Somerset subdivisions grant an additional$1,000 bonus(per sale)to the selling real estate agent
that sells such a property in the Somerset Subdivisions.
5. Informational meetings are held for all real estate agents in the City of Ames to
explain the village concept and to showcase the completed inventory available for sale in the
Somerset subdivisions.
6. The Developers will work continuously from March_, 2001 to March_, 2004
with a marketing firm that specializes in neo-traditional developments to implement a marketing
strategy in accordance with the suggestions of that firm.
7. Civic groups are allowed to use the Somerset clubhouse free of charge on a one-time
basis.
8. The Developers are continuing to develop the entire Somerset project as shown by
the City approved preliminary plat of Somerset as a village in accordance with the zoning change
agreement adopted for the Somerset subdivisions.
9. The selling of new homes constructed in the Somerset Subdivision is, at all times
while this plan is in effect,open to all real estate agents of the local real estate market,provided that
the agents follow all the rules and procedures for Somerset.
"Developer"means:Friedrich IA Realty,R.Friedrich&Sons,Furman Realty,The Furman
Corporation,Hunziker&Associates Realtors,HCS Construction,Jon Hunziker Construction,or any
of its subsidiary companies.
The tax exemption schedule adopted by the unamended Resolution No. 97-498 shall remain
in effect for the commercial and residential that is within the"Statement of applicability" adopted
by that resolution.
ADOPTED THIS day of March, 2001.
Diane R. Voss, City Clerk Ted Tedesco, Mayor
R027
rev. 022201
RESOLUTION NO.
RESOLUTION APPROVING THE PLAN FOR THE SOMERSET URBAN
REVITALIZATION AREA
WHEREAS,the City staff has prepared a proposed plan for a proposed urban revitalization
area to be named the Somerset Urban Revitalization Area as described in the proposed plan attached
hereto; and,
WHEREAS, a public hearing was scheduled and notice given to owners of record of real
property located within the proposed Somerset Urban Revitalization area and to the tenants and
occupants living within the said proposed urban revitalization area pursuant to and in accordance
with Section 404.2(3), Code of Iowa;
NOW, THEREFORE, BE IT RESOLVED:
1. That it is found that the rehabilitation, conservation, redevelopment, economic
development,or a combination thereof with respect to the said area is necessary in the interest of the
public health,safety,or welfare of the residents of the City and the area meets the criteria of Section
404.1, Code of Iowa and is also declared appropriate for and designated as an urban renewal area
for purposes of section 404.3(6) Code of Iowa.
2. The revitalization plan for the said area, called the Somerset Urban Revitalization
Area, as now on file, shall be and the same is hereby approved and adopted.
Done this day of March, 2001.
By: Attested by:
Ted Tedesco, Mayor Diane R. Voss, City Clerk
R024
rev. 022201