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HomeMy WebLinkAboutA027 - Letter to Dorsey & Whitney dated November 15, 2013 e Curing People 515 Clark Avenue,P. 0.Box 811 Q°°`1f0 P'°g'° Ames,IA 50010 8sceptionaI Service Phone: 515-239-5105 Fax: 515-239-5142 November 15, 2013 Dorsey & Whitney LLP 801 Grand, Suite 4100 Des Moines, Iowa 50309 Attention Robert E. Josten RE: Your File No.: 419370-31 Campustown Urban Renewal Area Dear Bob: Enclosed please find the following: 1. Proceedings covering the City Council holding a public hearing on the establishment of the Campustown Urban Renewal Area and adoption of Resolution No. 13-521 approving the Urban Renewal Plan for said Area. 2. Proceedings covering the first passage of the Tax Increment Ordinance for the Campustown Urban Renewal Area. 3. Proceedings setting the date of public hearing on the proposed Tax Increment Rebate Development Agreement with Kingland Systems. The Notice of Hearing has been scheduled to publish in the Ames Tribune on November 26, 2013. When the Publisher's Affidavit is returned, I will forward same to you. Thank you for your assistance. Si �)e rely, Diane R. Voss City Clerk /dry Enclosures Arats4993W0-3VUR HrgOrd CAMPUSTOWN URBAN RENEWAL AREA ESTABLISHMENT AND PLAN Ptease Return To: HEARING DORSEY &WHITNEY ATTORNEYS AT LAW 419370-31 801 Grand, Suit 41C3 Des Moines, Iowa 50 Ames, Iowa November 12, 2013 The Council of the City of Ames, Iowa, met on November 12, 2013, at 7:00 o'clock, p.m., at the City Hall Council Chambers, for the purpose of conducting a public hearing on the establishment of the Campustown Urban Renewal Area and on a proposed urban renewal plan and project. The Mayor WFS IWR & roll being called the following members of the Council were present and absent: Present: Davis, Goodman, Larson, Orazem, zo ip nski, Wacha Absent: Campbell The Council investigated and found that notice of the intention of the City Council to conduct a public hearing on the establishment of the Campustown Urban Renewal Area and on an urban renewal plan and project 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: (Here list all persons presenting written or oral statements or evidence and summarize each presentation.) -1- DORSEY &WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Ames419370-31/UR HrgOrd Pro-Tem There being no further objections, comments, or evidence offered, the Mayor announced the hearing closed. Council Member Davis moved the adoption of a resolution entitled "A 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 and Project for the Campustown Urban Renewal Area," seconded by Council Member nrnzpm After due consideration, the Mayor put the question on the motion and the roll being called, the following named Council Members voted: Ayes: Davis, Goodmnn, T a_ r• c-in, 7ra7cmT Szn ip_nski , Wac Z-q Nays: None pp rQ- Whereupon, the Mayor deciareYthe resolution duly adopted and signed approval thereto. -2- DORSEY &WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Ames419370-31/UR HrgOrd RESOLUTION NO. 13-521 A 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 and project for the Campustown Urban Renewal Area WHEREAS, as a preliminary step to exercising the authority conferred upon Iowa cities by Chapter 403 of the Code of Iowa, a municipality must adopt a 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, it has been recommended that an urban renewal area be established within the City of Ames, Iowa (the "City"), to include the property identified in Exhibit A to this Resolution; and WHEREAS, a proposal has been made regarding the area identified above for the purpose of establishing the need to designate the area as being appropriate for commercial development; and WHEREAS, the City has approved a Land Use Policy Plan and a Sub-Area Plan for the University Impacted Area, both of which establish policies for the development of the area identified above; and WHEREAS, notice of a public hearing by the City Council on the question of establishing the area identified above as an urban renewal area and on a proposed urban renewal plan and project for the area was heretofore given in strict compliance with the provisions of Chapter 403 of the Code of Iowa, and the Council has conducted said hearing; and WHEREAS, the proposed urban renewal plan and project were submitted to and reviewed by the Planning and Zoning Commission of the City; and WHEREAS, copies of the urban renewal plan, notice of public hearing and notice of a consultation meeting with respect to the urban renewal plan were sent to Story County and the Ames Community School District, and the meeting was held; NOW, THEREFORE, It Is Resolved by the City Council of the City of Ames, Iowa, as follows: Section 1. It is hereby determined by this Council as follows: A. The proposed urban renewal plan conforms to the general plan of the municipality as a whole and to the Land Use Policy Plan and the Sub-Area Plan for the University Impacted Area. B. Proposed commercial retail and office development in the urban renewal area is necessary and appropriate to facilitate the proper growth and development of the City in accordance with sound planning standards and local community objectives. -3- DORSEY &WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Arpes4 39370-3 t/UR HrgOrd Section 2. An economic development area as defined in Chapter 403 of the Code of Iowa is found to exist, including the properties identified in Exhibit A. Section 3. The area referred to in Section 2 hereof and identified in Exhibit A 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 Campustown Urban Renewal Area. Section 4. The development of this area is necessary in the interest of the public health, safety or welfare of the residents of the City. Section 5. The urban renewal plan for the Campustown Urban Renewal Area is made a part hereof and is hereby in all respects approved in the form presented to this Council, and the proposed project for such area based upon such plan 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 November 12, 2013. Mayor Attest: City Clerk -4- DORSEY & WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Ames419370-31/UR HrgOrd EXHIBIT A Legal Description Campustown Urban Renewal Area LEGAL DESCRIPTION—PARCEL 'AA': PARCEL 'AA' IN BEARDSHEAR'S ADDITION AND PARKER'S ADDITION TO THE CITY OF AMES, STORY COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 1, BLOCK 1 OF SAID BEARDSHEAR'S ADDITION: THENCE S 89°55'58"E, 146.33 FEET ALONG THE NORTH LINE OF SAID UOT 1; THENCE S 89°58'21" E, 43.61 FEET TO THE NORTHEAST CORNER OF SAID LOT 1, ALSO BEING THE NORTHWEST CORNER OF LOT 1, PARKER'S ADDITION; THENCE S 89°59'07" E, 15.48 FEET ALONG THE NORTH LINE OF LOT 1 OF PARKER'S ADDITION; THENCE S 89°54'47" E, 64.52 FEET ALONG THE NORTH LINE OF LOT 1 OF PARKER'S ADDITION; THENCE S 00°26'08" E, 74.21 FEET; THENCE S 8905827" E, 110.05 FEET TO THE EAST LINE OF LOT 1 OF SAID PARKER'S ADDITION; THENCE S 00023'08" E, 114.22 FEET ALONG THE EAST LINE OF LOT 1 OF SAID PARKER'S ADDITION TO THE NORTHEAST CORNER OF PARCEL 'X'; THENCE N 89°54'43" W, 189.95 FEET ALONG THE NORTH LINE OF PARCEL "X" TO THE NORTHWEST CORNER OF PARCEL 'X'; THENCE N00°44'24"E, 7.98 FEET ALONG THE EAST LINE OF PARCEL 'B' TO THE NORTHEAST CORNER OF PARCEL 'B'; THENCE N89042'49"W5' 190.34 FEET TO THE NORTHWEST CORNER OF PARCEL 'B' ON THE EAST RIGHT-OF-WAY LINE OF WELCH AVENUE; THENCE N00°21'50"W, 179.55 FEET ALONG THE WEST LINE OF LOTS 1 AND 2, BLOCK 1, BEARDSHEAR'S ADDITION TO THE POINT OF BEGINNING ON THE EAST RIGHT-OF-WAY OF WELCH AVENUE. -5- DORSEY &WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Ames41.9370-3 VUR HrgOrd • • Upon motion and vote, the meeting adjourned. Mayor Attest: City Clerk -6- DORSEY & WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Ames41.9370-31(UR HrgOrd STATE OF IOWA COUNTY OF STORY SS: CITY OF AMES 1, the undersigned, do hereby certify that I am the duly appointed, qualified and acting City Clerk of the City of Ames, Iowa, 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 those 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 designating an urban renewal area and approving the urban renewal plan and project for the Campustown Urban Renewal Area in the City. WITNESS MY HAND this 12 day of November , 2013. l� —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.) -7- DORSEY & WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA DRAFT MINUTES CITY OF AMES PLANNING AND ZONING COMMISSION Date: November 6, 2013 Debra Lee, Chairperson 2015 Julie Gould 2016 Call to Order: 7:00 p.m. Jeff Johnson 2014 *Troy Siefert 2014 Place: Ames City Hall Rob Bowers, Vice Chairperson 2015 Council Chambers Yvonne Wannemuehler 2015 John Tillo 2016 Adjournment: 10:30 p.m. *Absent MAJOR TOPICS DISCUSSED: 1. Public Hearing for Cedar Lane and Oakwood Drive, Ringgenberg Park a). Amended Master Plan for Ringgenberg Park Lot 79 b). Major Site Development Plan for Ringgenberg Park Lot 79 c). Preliminary Plat for Ringgenberg Park Subdivision 4th Addition 2. Public Hearing for 3333 Stange Road, Heartland Baptist Church and CCRC of Ames Senior Living Facility a). Rezoning with Master Plan for 3333 Stange Road b). Preliminary Plat for 3333 Stange Road 3. Public Hearing for ISU Research Park Expansion Urban Fringe Plan Amendment 4. Staff Report for Campustown Draft Urban Renewal Plan Conformity Finding 5. Staff Report for 321 State Street, Breckenridge Group Ames Iowa, LLC (Old Ames Middle School Site, Middle Parcel), Rezoning with Master Plan 6. Staff Report for Zoning Text Amendment for Clubhouses in High Density Zones CALL TO ORDER: Debra Lee, Chairperson, called the meeting to order at 7:00 p.m. APPROVAL OF AGENDA: MOTION: (Wannemuehler/Johnson) to approve the Agenda for the meeting of November 6, 2013. MOTION PASSED: (6-0) APPROVAL OF THE MINUTES OF THE MEETING OF OCTOBER 2, 2013: MOTION: (Bowers/Gould)to approve the Minutes of the meeting of October 2, 2013. MOTION PASSED: (5-0-1) Jeff Johnson abstained. Mr. Bowers asked for clarification of community facilities. Ms. Marren stated that they are recreational facilities that are placed for a community function. Ms. Lee asked about the statement included in the report about not open to the public. She said that some clubhouses are rented by other groups besides those that live at the property. Mr. Diekmann stated that the striking of not open to the public is not related to the clubhouse issue specifically. He said that Staff is trying to clarify the Code. Mr. Diekmann said that they do not address the issue of whether the clubhouse could be rented for a party or a wedding event. He stated that third party events would not be allowed onsite. Ms. Lee asked about the use of the first floor. Mr. Diekmann outlined the allowed uses and provided clarification of the 5,000 square feet limitation. Ms. Lee asked Staff what the process would be if other applicants had a request for a clubhouse in another zone classification. Mr. Diekmann explained the process to the Commission. Mr. Diekmann stated that a community facility is a use generally providing a local service to people in the community. He said that it is for ongoing services not just special events. Mr. Diekmann outlined the allowed uses for a community facility. Scott Renaud, FOX Engineering, outlined their request for clubhouses in high density zones. He said that they tried to separate the residential uses from those that you would commonly see with a stand along clubhouse. Mr. Renaud said that they have asked for stand-alone clubhouses in the past but they have been turned down. He asked the Commission to recommend approval of the request. Mr. Renaud stated that he hoped that the 5,000 square foot limitation was for the building and did not include the pool. Mr. Diekmann stated that the pool is defined as a recreational activity and is an accessory use and does not have a limitation. MOTION: (Johnson/Tillo) to accept Alternative #1, which states: that the Planning and Zoning Commission recommends that the City Council approves the amendments for the allowance of clubhouses in the Residential High Density Zone. MOTION PASSED: (5-0) STAFF REPORT FOR CAMPUSTOWN DRAFT URBAN RENEWAL PLAN CONFORMITY FINDING Jeff Benson, Planner, outlined the location and purpose of the Campustown Urban Renewal Area. He said that the Commission needs to determine whether this plan conforms to the policies of the City for land use and development. He stated that the overall goal is to create Tax Increment Financing as an incentive for developing Campustown and in order to do that there is a need for an Urban Renewal Plan. Mr. Benson outlined the objectives of the Urban Renewal Area. He stated that this is a small area in the heart of Campustown. Mr. Benson stated that the Commission is not being asked to approve the project proposed for this area but they are being asked to approve the Plan that allows the project to receive a tax incentive. He said that the Commission is being asked to determine whether developing a project in this location for retail and office uses fits the City's development plan and policies. Mr. Benson said that this area is 12 currently underutilized due to the condition of the buildings. He said that they are trying to support lively commercial activity at the street level. Mr. Benson stated that Staff has determined that this Plan is in conformance with the policies and goals. Mr. Johnson asked whether the traffic impacts to this area have been determined. Mr. Benson stated that the impact to the streets and intersections is caused by the general growth of the City. He said that the long range transportation plan is based upon the land use plan that does contemplate additional growth in the Campustown area. Mr. Benson stated that the applicant for the proposed project is proposing.to double the amount of surface parking and may possibly have an option to place a level of parking under part of the parking lots. Mr. Johnson asked about how the traffic will be directed. Mr. Benson stated that this site has access from two streets. MOTION: (Bowers/Johnson) to accept Alternative #1, which states: that the Planning and Zoning Commission recommends to the City Council that the Urban Renewal Plan conforms to the intent and purposes of the Land Use Policy Plan. MOTION PASSED: (5-0) COMMISSION COMMENTS: Mr. Bowers commended the developer and the neighbors for working together to bring about the Ringgenberg Park Subdivision. STAFF COMMENTS: Mr. Diekmann outlined the cases that will be heard at the next City Council meeting. He stated that there is only one item on the tentative agenda for the meeting of November 20, 2013. Mr. Diekmann stated that determination will be made at a later date if that item will be on the agenda for November 20, 2013. Ms. Lee asked about whether the meeting that would have been scheduled for January 1, 2014, will take place. Mr. Diekmann stated that that meeting will not be held on that date. He stated that Staff will determine need and see if we need to schedule a meeting on an alternative date. MOTION TO ADJOURN: MOTION: (Bowers/Wannemuehler)to adjourn the meeting. MOTION PASSED: (5-0) The meeting adjourned at 10:30 p.m. Debra Lee, Chairperson Lorrie Banks, Recording Secretary Planning &Zoning Commission Department of Planning & Housing SAPLAN SHR\Council Boards Commissions\PZ\Minutes\2013 MinutesTUMinutes-11-06-13.docx 13 AmeW41 .l V-31\UR S3rg0rd ORDINANCE ESTABLISHING THE CAMPUSTOWN URBAN RENEWAL Please Return To: AREA TAX INCREMENT DISTRICT I)ORSEY &WNITNEY ATTORNEYS AT LAIN Campustown Urban Renewal Area 801 Grand, Suite 41'3fl Des K%oines, Iowa 50109 (Ordinance—Initial Consideration) 419370-31 Ames, Iowa November 12, 2013 The City Council of the City of Ames, Iowa, met on November 12, 2013 at 7:00 o'clock p.m., at the City Hall Council Chambers. Pro- T em Lar o The Mayor presided le roll was called showing members present and absent, as follows: Present: Davis, Gnodman, Larson, Orazem, Szn ,� nck;, Warha Absent: G3mpbell Cb1mrit- M mber Mayor;Pro-Tem Larson introduced an ordinance entitled `=�kdie-----------_- An Ordinance Providing for the Division of Taxes Levied on Taxable Property in the Campustown Urban Renewal Area, Pursuant to Section 403.19 of the Code of Iowa." It was moved by Council Member Davis and seconded by Council Member Orazi-m 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: Davis Larson On zem, SzolDinski , Warha Nays: Goo( nan Whereupon, the Mayor declared the motion duly carried and declared that the ordinance had been given its initial consideration. -1- DORSEY &WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA AmgA1937431\UR 1lrgOrd There being no further business to come before the meeting, it was upon motion adjourned. Mayor Attest: City Clerk -2- DORSEY &WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Ames419370-31/SetflmgRebateKingland SET DATE FOR HEARING ON DEVELOPMENT AGREEMENT AND TAX INCREMENT PAYMENTS (Kingland Systems) 419370-31 Ames, Iowa November 12, 2013 A meeting of the City Council of the City of Ames, Iowa, was held at 7:00 o'clock p.m., on November 12, 2013, at the City Hall Council Chambers, pursuant to the rules of the Council. The Mayor Pro-Tem Larson presided and the roll was called, showing members present and absent as follows: Present: Davis, Goodman, Larson, Orazem, Szopinski, Wacha. Absent: Campbell. Council Member Davis introduced the resolution next hereinafter set out, related to setting a date for hearing on a tax increment rebate agreement with Kingland Systems, and moved its adoption, seconded by Council Member Wacha; and after due consideration thereof by the Council, the Mayor Pro-Tem put the question upon the adoption of said resolution, and the roll being called, the following named Council Members voted: Ayes: Davis, Goodman, Larson, Orazem, Szopinski, Wacha. Nays: None. Whereupon, the Mayor Pro-Tem declared said resolution duly adopted, as follows: -1- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Ames4I9370-3I/SedimgRebateKingland RESOLUTION NO. 13-522 To fix a date of meeting at which it is proposed to hold a public hearing on a Tax Increment Rebate Development Agreement with Kingland Systems, including annual appropriation tax increment payments in an amount not to exceed $2,064,530 WHEREAS, the City of Ames, Iowa (the "City"), pursuant to and in strict compliance with all laws applicable to the City, and in particular the provisions of Chapter 403 of the Code of Iowa, has adopted an Urban Renewal Plan for the Campustown Urban Renewal Area (the "Urban Renewal Area"); and WHEREAS, this Council has adopted an ordinance providing for the division of taxes levied on taxable property in the Urban Renewal Area pursuant to Section 403.19 of the Code of Iowa and establishing the fund referred to in Subsection 2 of Section 403.19 of the Code of Iowa, which fund and the portion of taxes referred to in that subsection may be irrevocably pledged by the City for the payment of the principal and interest on indebtedness incurred under the authority of Section 403.9 of the Code of Iowa to finance or refinance in whole or in part projects in the Urban Renewal Area; and WHEREAS, the City proposes to enter into an agreement (the "Tax Increment Rebate Development Agreement") with Kingland Systems (the "Developer") in connection with the construction of a commercial facility for retail and office uses; and WHEREAS, the Tax Increment Rebate Development Agreement would provide property tax incentives to the Developer in the form of annual appropriation incremental property tax payments in an amount not to exceed $2,064,530 under the authority of Section 403.9(1) of the Code of Iowa; and WHEREAS, it is necessary to set a date for a public hearing on the Tax Increment Rebate Development Agreement, pursuant to Section 403.9 of the Code of Iowa; NOW THEREFORE, IT IS RESOLVED by the City Council of the City of Ames, Iowa, as follows: Section 1. This Council shall meet on the 1 oth day of December, 2013, at 7:00 o'clock p.m., at the City Hall Council Chambers, in the City, at which time and place proceedings will be instituted and action taken to approve the Tax Increment Rebate Development Agreement and to authorize the annual appropriation incremental property tax payments. Section 2. The City Clerk is hereby directed to give notice of the proposed action, the time when and place where said meeting will be held, by publication at least once not less than four days and not more than twenty days before said meeting in a legal newspaper of general circulation in the City. Said notice shall be in substantially the following form: -2- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Ames419370-3 I/SetHmgRebateKingland NOTICE OF PUBLIC HEARING ON TAX INCREMENT REBATE DEVELOPMENT AGREEMENT WITH KINGLAND SYSTEMS AND AUTHORIZATION OF ANNUAL APPROPRIATION TAX INCREMENT PAYMENTS The City Council of the City of Ames, Iowa, will meet at the City Hall Council Chambers, on the loth day of December, 2013, at 7:00 o'clock p.m., at which time and place a public hearing will be held and action will be taken to approve a Tax Increment Rebate Development Agreement between the City and Kingland Systems, in connection with construction of a commercial facility for retail and office uses, which provides for certain property tax incentives in the form of annual appropriation incremental property tax payments in a total amount not exceeding $2,064,530, as authorized by Section 403.9 of the Code of Iowa. The Agreement to make annual appropriation incremental property tax payments will not be a general obligation of the City, but will be payable solely and only from incremental property tax revenues generated within the Campustown Urban Renewal Area. All payments under the Development Agreement will be subject to annual appropriation by the City Council. At the meeting, the Council will receive oral or written objections from any resident or property owner of the City. Thereafter, the Council may, at the meeting or at an adjournment thereof, take additional action to approve the Development Agreement or may abandon the proposal. This notice is given by order of the City Council of Ames, Iowa, in accordance with Section 403.9 of the Code of Iowa. Diane Voss City Clerk -3- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Ames41937C-3 I/SetKmgRebateKingland Section 3. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Passed and approved November 12, 2013. Mayor Attest: 1 City Clerk T.. -4- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Ames4193 7C-31/SetfimgRebateKingland On motion and vote the meeting adjourned. 4e�L Mayor Attest: City Clerk -5- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA