HomeMy WebLinkAboutOrd.3804.04-02-2007 BILL NO. 07-58 ORDINANCE NO. -ARQ4
AN ORDINANCE ESTABLISHING THE TOWN PLAZA
COMMUNITY IMPROVEMENT DISTRICT AND
APPROVING APPOINTMENT OF THE INITIAL BOARD
OF DIRECTORS THERETO
WHEREAS, the City of Cape Girardeau, Missouri (the "City") is authorized and
empowered pursuant to the Community Improvement District Act, Sections 67.1401 to 67.1571
of the Revised Statutes of Missouri, as amended (the "CID Act'), to establish a community
improvement district as proposed by a verified petition; and
WHEREAS, on February 12, 2007, a "Petition for the Creation of a Community
Improvement District' (the "Petition") was filed with the Clerk of the City pursuant to the CID
Act, a copy of which Petition is set forth as Exhibit A, attached hereto and incorporated herein
by reference; and
WHEREAS, on February 20, 2007, the City Council adopted Resolution No. 2242
acknowledging verification of the Petition by the City Clerk and calling for a public hearing
regarding the Petition to be held on March 5, 2007, in accordance with the procedure set forth in
Section 67.1431 of the CID Act; and
WHEREAS, notice of the public hearing was given by publication in a newspaper of
general circulation within the City once a week for two consecutive weeks and mailing via
certified mail with a return receipt attached to each owner of record of real property within the
boundaries of the proposed District in accordance with Section 67.1431 of the CID Act; and
WHEREAS, on March 5, 2007, the public hearing was held regarding creation of the
District, at which public hearing notice of the contents of the Petition was given; and
WHEREAS, subject to and in accordance with the CID Act and the Petition, and upon
the approval of the qualified voters of the District, the District intends to impose a sales tax at a
rate not to exceed one percent (1%) on all eligible retail sales within the boundaries of the
District pursuant to Section 67.1545 of the CID Act; and
WHEREAS, the Petition requests that the members of the initial Board of Directors of
the District be appointed by the Mayor with the consent of the City Council of the City in
accordance with Section 67.1451.5 of the CID Act; and
WHEREAS, the Petition includes a five-year plan for the proposed District, which
includes public improvements to be undertaken by the District in support of the proposed
development to be located within the District and for the revenues from the sales tax to be used
to repay any obligations issued in connection with the public improvements.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI,AS FOLLOWS:
Section 1. Pursuant to Section 67.1411.3 of the CID Act and subject to the terms of the
Petition, the Town Plaza Community Improvement District is hereby formed as a political
subdivision of the State of Missouri.
Section 2. The District shall not terminate sooner than one year from the date of this
Ordinance.
Section 3. Pursuant to Section 67.1451.5 of the CID Act, the Mayor hereby appoints and the
City Council of the City consents to the appointment of the District's initial Board of Directors
as follows:
Name Initial Term
Scott Campbell 4 years from date of appointment
Dan Barnard 4 years from date of appointment
Kent Evans 2 years from date of appointment
Bill Zellmer 2 years from date of appointment
Chris Buerle 2 years from date of appointment
The date of appointment for each of the initial Board of Directors shall be the date of passage of
this Ordinance. No further action by the Mayor or City Council of the City for appointment of
the Board of Directors is necessary.
Section 4. The Board of Directors of the District shall have its initial meeting on such date
and at such time when a quorum of Directors is available.
Section 5. Pursuant to Section 67.1421.6 of the CID Act, the City Clerk shall notify in
writing the Missouri Department of Economic Development of the District's creation.
Section 6. The City shall, and the officers, agents and employees of the City are hereby
authorized and directed to take such further action and execute such other documents, certificates
and instruments as may be necessary or desirable to carry out and comply with the intent of this
Ordinance.
Section 7. This Ordinance shall be in full force and effect ten (10) days from and after the
date of its passage
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SSED AND APPROVED THIS��DAY OF April 20-01
dtson, Mayor
re
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\8 iSAr.
Gayle L. Conra , ity Clerk
EXHIBIT A
PETITION FOR THE CREATION OF THE
TOWN PLAZA
COMMUNITY IMPROVEMENT DISTRICT
(Attached hereto.)
AMENDED PETITION FOR THE CREATION OF A
COMMUNITY UYIPROVEMENT DISTRICT
To the City of Cape Girardeau, Missouri:
The undersigned (the "Petitioner") is the owner or representative of the owners of record
of more than fifty percent (50%) (a) by assessed value of all real property within the hereinafter
described community improvement district, and (b) per capita of all owners of real property
within the hereinafter described community improvement district. The Petitioner hereby files
this Petition for the Creation of a Community Improvement District (the Peddon") and requests
that the City of Cape Girardeau, Missouri (the "City"), create a community improvement district
as described herein, to be known as the TOWN PLAZA COMMUNITY IMPROVEMENT
DISTRICT (the "District'), pursuant to the authority of the Community Improvement District
Act, Sections 67.1401 to 67.1571 of the Revised Statutes of Missouri, as amended (the "CID
Act').
I. The legal description of the proposed District is set forth in Exhibit A hereto and
incorporated herein by reference.
2. The boundary map of the proposed District is set forth in Exhibit B hereto and
incorporated herein by reference (the "Project Area").
3. A portion of the Project Area is proposed to be designated a "redevelopment area"
(the "Redevelopment Area") by the City, pursuant to Chapter 353 of the Revised Statutes of
Missouri, as amended (the "Chapter 353") in connection with the designation of the
Redevelopment Area as a "blighted area", adoption of a development plan, related development
projects, and real property tax abatement which would fund, in part, the remediation of such
blight.
4. The Petitioner is seeking a determination that the proposed District is a "blighted
area" as a portion of the Project Area includes the Redevelopment Area.
5. The name of the proposed District will be the Town Plaza Community
Improvement District.
6. The signatures of the signers may not be withdrawn later than seven (7) days after
this Petition is filed with the municipal clerk.
7. The five-year plan stating a description of the purposes of the proposed District,
the services it will provide, the improvements it will make and an estimate of costs of such
services and improvements to be incurred is set forth in Exhibit D hereto and incorporated
herein by reference, which includes a description of the public improvements to be undertaken
by the proposed District (the "Project'). The Project is generally described as the construction
of eligible public improvements as permitted under the CID Act, including (a) the costs of fagade
improvements, parking facilities, roof reconstruction and HVAC; (b)demolition and removal,
renovation, reconstruction, and/or rehabilitation of any privately-owned buildings or structures
within the boundaries of the District; (c)accompanying grading, drainage, pavement, curb,
gutter, sidewalk, stormwater facilities, signing, striping, lighting, landscaping and other similar
or related improvements; and (d) accompanying professional fees including, without limitation,
engineering (civil, traffic, road design, and geotechnical), surveying, soil testing, legal,
architectural and administrative (project management, contract administration and administration
of the proposed District).
8. The proposed District shall be formed as a political subdivision.
9. The proposed District shall be governed by a board of directors appointed by the
City.
10. The board of directors of the proposed District shall be composed of five (5)
members, who will represent the Petitioners in each one's capacity as an owner of real property
within the proposed District or operator of a business operating within the proposed District.
11. The total initial assessed value of all real property within the proposed District is
$1,452,690.
12. The proposed length of time for the existence of the proposed District is not less
than one (1) year and not more twenty years from the issuance of any obligations by the
proposed District.
13. The proposed District will not impose real property taxes within its boundaries.
14. The proposed District will not impose a special assessment.
15. The proposed District may, upon approval by the qualified voters of the proposed
District, impose a sales tax (the"Sales Tar") at the rate of not to exceed one percent (1%) on the
receipts from the sales at retail of all tangible personal property or taxable services at retail
within the proposed District, if such property and services as subject to taxation by the State of
Missouri pursuant to the provisions of Sections 144.010 to 144.525 of the Revised Statutes of
Missouri, as amended, except such Sales Tax shall not apply to the sale or use of motor vehicles,
trailers, boats or outboard motors, nor to public utilities.
16. The proposed District does not seek any limitations on its borrowing capacity.
17. The proposed District does not seek any limitations on revenue generation.
18. The proposed District does not seek any other limitations on its powers other than
those specifically enumerated in the CID Act.
19. The Petitioner hereby respectfully requests that the proposed District be
established as set forth above.
Dated this 2nd day of March, 2007.
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PETITIONER:
PROPERTY OWNER: Town Plaza, Inc., a Missouri corporation
ADDRESS: 1551 Wall Street, Suite 220
St. Charles, MO 63303
Phone: (636) 946-1341
MAP/PARCEL#: Owner of record of 16.4 acres within the proposed District. (See
Boundary Map attached hereto as Exhibit B).
Locator ID: 20-308-00-09-008.00-2000.
$1,452,690
By executing this Petition on this 2°d day of March, 2007, the undersigned represents and
warrants that he or she is authorized to execute this Petition on behalf of the property owner
named immediately above.
TOWN PLAZA, INC.
a Missouri corporation
By:
Kent Evans,lAuthorized Representative
STATE OF MISSOURI )
SS
COUNTY OFbk C ktit )
Before me personally appeared Kent Evans, to me personally known to be the individual
described in and who executed the foregoing instrument.
WITNESS my hand and official seal this day of March,2007.
ptary
NU�C`�net�
My Commission Expires: sy\ F�CX�{ �j�. !�u�, DIANE M.HAWKINS
Notary St.Charles County
Seal:'Ize My Commission Eoes
",opt... July 17,2008
VERIFICATION OF PETITION
Town Plaza Community Improvement District
I, Gayle Conrad, City Clerk for the City of Cape Girardeau, Missouri, do hereby state I
have reviewed the attached Petition for the Creation of a Community Improvement District (the
"Pefidon'), which seeks creation of the Town Plaza Community Improvement District, and have
verified and determined that (a) the Petition substantially complies with the requirements of
Section 67.1421.2 of the Community Improvement District Act, Sections 67.1401 to 67.1571 of
the Revised Statutes of Missouri, and (b) the signatures of the signers were not withdrawn later
than seven (7)days after this Petition was filed with this office.
Dated this f4 day of /Y ank , 2007.
Gayle C8rrad, City Clerk
EXHIBIT A
LEGAL DESCRIPTION
A PART OF OUTLOTS NO.57 AND 87, UNITED STATES PRIVATE SURVEY NO. 2199,
TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY
AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
Beginning at a 1/2" Iron Pin Concrete(Found) at the Northwest comer of Outlot no. 57, U.S.P.S.
No. 2199; Thence S 83°07'18" E, 461.54 feet along the North line of said Outlot No. 57 to a
Railroad Spike (Found) at the Northwest comer of a tract of land recorded in the land records of
the County Recorder's Office of book no 294 at page no 891; Thence S 06°26'06" W, 121 41
feet along the West line of said tract to the Southwest comer of said tract, from which a Railroad
Spike (Found) bears N 06026'06" E, 0.7 feet; Thence S 83°37'49" E, 53.78 feet along the South
line of said tract to a 1/2" Iron Pin (Set) on the North Right of Way line of Merriweather Street;
Thence S 00°07'49" E, 49.52 feet to a 1/2" Iron Pin (Set) on the South Right of Way line of
Merriweather Street; Thence S 83°37'49" E, 500.43 feet along said South Right of Way line to a
point on the West Right of Way line of Sheridan Drive, from which a 1/2" Iron Pin (Found)
bears S 00°51' W, 0.9 feet; Thence along the West Right of Way line of said Sheridan Drive the
following courses and distances:
S 05000'27" W, 181.97 feet to a 1/2" Iron Pin (Set); Thence S 00°01'14" E, 43.68 feet to a 1/2"
Iron Pin (Found) at the Northeast comer of a tract of land recorded in book no. 290 at page no.
282; Thence along the North and West lines of said tract the following courses and distances:
N 84057'14"W, 171.13 feet to a 1/2"Iron Pin(Set); Thence S 50059'49" W, 21.56 feet to a 1/2"
Iron Pin (Set); Thence S 06°56'52" W, 142.96 feet to a Chiseled Cross in Concrete (Found) on
the North Right of Way line of William Street; Thence along said Right of Way line the
following courses and distances:
N 84029'22"W, 277.34 feet to a 1/2" Iron Pin(Set); Thence N 00007'49"W, 15.07 feet to a 1/2"
Iron Pin(Set); Thence N 84°29'22" W, 568.90 feet to a 1/2" Iron Pin(Set); Thence N 83°57'22"
W, 212.10 feet to a 1/2" Imn Pin (Set) at the Southeast comer of a tract of land recorded in book
no. 309 at page no. 397; Thence along the East and North lines of said tract the following courses
and distances:
N 06002'38" E, 165.00 feet to a 1/2" Iron Pin (Set) at the Northeast comer of said tract; Thence
N 83057'22"W, 196.57 feet to a 1/2"Iron Pin(Set) at the Northwest comer of said tract; Thence
S 06001'54"W 13.66 feet along the West line of said tract to the Northeast corner of tract of land
recorded in book no. 611 at page no. 756; Thence N 83058'06" W, 176.65 feet along the North
line of said tract of a 1/2" Iron Pin Set on the East Right of Way line of United States Route 61
(Kingshighway); Thence N 11°06'54" E, 137.37 feet along said Right of Way line to a 1/2" Iron
Pin (Set) on the South Right of Way line of the Walker Creek Right of Way Line; Thence along
said South and East Right of Way lines the following courses and distances:
S 78042'53" E, 59.09 feet to a 1/2" Iron Pin (Set); Thence N 11017'07" E, 63.59 feet to a 1/2"
Iron Pin(Set); Thence N 06°16107" E, 145.02 feet to a 1/2" Iron Pin (Set); Thence N 11°00'38"
E, 73.13 feet to a 1/2" Iron Pin (Set) on the North line of Outlot No. 87; Thence S 83°30'34" E,
509.97 feet along said North line to the point of beginning; containing 16.043 acres and subject
to all easements of record.
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EDIT C
FIVE-YEAR PLAN
2007-2011
(Attached hereto)
8
EXHIBIT C
To the Petition for the
Creation of
Town Plaza Community Improvement District
Cape Girardeau,Missouri
The information and details outlined in the following pages represents the strategies,
activities, and budgets that will be undertaken during the initial five years of the proposed Town
Plaza Community Improvement District in the City of Cape Girardeau, Missouri. It is an
integral and composite part of the Petition for creation of the Town Plaza Community
Improvement District.
February 2007
9
TABLE OF CONTENTS
SECTION PAGE
1. Overview
2. Town Plaza Community Improvement District Mission, Goals and Objectives
3. Five-Year Plan 2007 — 2011
10
Section 1• Overview
During the 2"d Quarter of 2007, the property owners within the Town Plaza Community
Improvement District (the "District") will develop a plan for District project improvements
utilizing a community improvement district. This five-year plan outlines the goals and
objectives of the District and identifies activities to achieve the stated objectives. This five-year
plan is a working document; the plan should be reviewed annually and extended annually to
maintain a long-range vision for the District.
The 2007-2011 Five Year Plan is organized in the remaining sections:
- District Mission, Goals and Objectives
Five-Year Plan
Section 2: Town Plaza Community Improvement District Mission Goals and
Objectives
MISSION
The mission of the Town Plaza Community Improvement District is:
To promote the redevelopment of a declining area and to induce new activity in an area that has
been lacking in growth and development, improve business development opportunities; and
enhance property values by developing and promoting coordinated project infrastructure
improvements benefiting the property owners and business operators within the District.
Goats AND OB.IEcrtvEs
A. Organizational Goal: Provide for the effective administration and financial
sustainability of the Town Plaza Community Improvement District in order to support the
development and sustainability of the District's development.
Objectives:
1. Create a Community Improvement District (the "District") to establish a
financially sustainable tax base to fund the District project improvements.
2. Develop communications strategies to convey information regarding the
direction and activities of the District.
3. Facilitate and coordinate formation activities among property owners,
merchants,and government entities.
B. Project Improvement Goal: Create mechanisms to ensure the development,
implementation of project improvement which prioritize safety and maximize consumer
access to businesses,thereby contributing to the long-term vitality of the District.
Objectives:
1. Enhance the public health, safety, and welfare of the District by improving
the infrastructure, curing blighting conditions, and encouraging other public
improvements necessary for insuring the area's stability and redevelopment
consistent with this Five-Year Plan.
2. Increase the level and perception of safety and revitalization in the District
which will, in tum,encourage an influx of new businesses and attract shoppers.
3. Upgrade and refurbish utilities, and other infrastructure facilities serving the
District.
4. Demolish and remove, renovate, reconstruct, or rehabilitate any privately-
owned buildings or structures within the boundaries of the District.
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5. Enhance the tax base by inducing development of the District to its highest
and best use, and encouraging private investment in surrounding areas.
6. Promote the health, safety, order, convenience, prosperity and the general
welfare, as well as efficiency and economy in the District.
7. Increase property values of the District and surrounding properties.
C. Community Improvement Goal
Enhance the destination draw of the District by enhancing visual appeal, a sense of place,and
addressing safety matters throughout the District.
Objectives:
1. Install improvements including; walkways, site furnishings, site lighting,
protected walkways and various landscaping treatments.
2. Provide development/business opportunities in the District and
surrounding area.
3. Stimulate construction, permanent employment opportunities, increased
demand for services in the District;and
4. Serve as a catalyst for the redevelopment of this area of the City.
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Section 3: Five-Year Plan
YEAR ONE: (2007)
In its first year of existence the District will finalize engineering design drawings and gather
appropriate project improvement authority approvals, where applicable, to proceed with the
construction of eligible public improvements as permitted under the CID Act, including (a) the
costs of fagade improvements, parking facilities, roof reconstruction and HVAC; (b) demolition
and removal, renovation, reconstruction, and/or rehabilitation of any privately-owned buildings
or structures within the boundaries of the District; (c) accompanying grading, drainage,
pavement, curb, gutter, sidewalk, stormwater facilities, signing, striping, lighting, landscaping
and other similar or related improvements; and (d) accompanying professional fees including,
without limitation, engineering (civil, traffic, road design, and geotechnical), surveying, soil
testing, legal, architectural and administrative (project management, contract administration and
administration of the proposed District)(the"Project').
It is expected that phase one of the projects listed above will be complete by the end of the fourth
quarter of 2007.
The District will monitor progress of the development within the District boundaries, and
perform on-going administration and oversight of the District funds. Sales tax collections are
anticipated to begin by the end of the and quarter 2007. It is anticipated that note obligations will
be issued upon completion of the Project. The District will contract the administration duties
which include registering new tenants for the collection of the sales tax imposed; overseeing the
preparation of meeting, monitoring District revenues; state compliance filings; audit
management; etc.
YEAR Two: (2008)
In the second year of existence, the District will monitor progress on the continued marketing
and development of businesses within the District. The District will also monitor the progress
of any portion of the Project listed in year one.
The District will also ensure the remittance of taxes collected in order to forward net proceeds to
the Trustee to apply towards for note payments. The District will closely monitor cash flow in
anticipation for a issuing District obligations. Cash flow projections will be updated quarterly
for this review.
YEAR THREE: (2009)
In the third year of existence, the District will monitor progress on the continued marketing and
development of the retail within the District.
The District will also remit collected sales tax revenue to apply towards note or bond payments.
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YEAR FOUR: (2010)
In the fourth year of existence, the District will continue monitoring progress on the marketing
and development of the businesses within the District.
The District will continue to remit net District tax revenues for note or bond payments,
whichever is applicable.
YEAR FIVE: (2011)
In the fifth year of existence, the District will monitor progress on the continued marketing and
development of businesses within the District.
The District will continue to remit net District tax revenues for note or bond payments,
whichever is applicable.
Section 4• Proiect Cosb
It is expected that the costs of the Project will be approximately$3,000,000.
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ACKNOWLEDGMENT OF RECEIPT AND WAIVER OF DEFECT IN
WRITTEN NOTICE OF PUBLIC HEARING
I, Kent Evans, Vice President of Town Plaza, Inc., owner of real property within the
proposed Town Plaza Community Improvement District (the "District'), hereby acknowledge
receipt of written notice of the public hearing held March 5, 2007, in the City of Cape Girardeau,
Missouri, regarding the creation of the District, and further waive any defect in such written
notice.
TOWN PLAZA, INC.,
a Missouri corporation
<:)ent Evans, Vice President
STATE OF MISSOURI )
ss.
Before me personally appeared Kent Evans, to me personally known to be the individual
described in and who executed the foregoing instrument.
WITNESS my hand and official seal this day of , 2007.
Notary Public
My Commission Expires:1,\�4
DIANE M.HAWIONS
e ^tary:"- St chwm C=*
My CwwiWm E*=
sS° July 17,2008