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Kunkel & Associates, Inc. - Urban Revitalization Area Plan_Adoption Copyright 2014 City of Dubuque Action Items # 1. ITEM TITLE: Kunkel & Associates, Inc. - Urban Revitalization Area Plan SUMMARY: City Manager recommending approval of the Urban Revitalization Plan for the Kunkel and Associates Urban Revitalization Area, Lot 6, Block 2 of Dubuque Technology Park, and the adoption of the ordinance establishing the Kunkel and Associates Urban Revitalization Area. RESOLUTION Approving the Adoption of an Urban Revitalization Plan for the Kunkel & Associates Urban Revitalization Area ORDINANCE Amending City of Dubuque Code of Ordinances Title 3, Revenue and Taxation, Chapter 2 Revitalization Areas, by Adopting a New Section 10 Kunkel and Associates, Establishing the Kunkel and Associates Urban Revitalization Area, and Establishing Requirements for Qualifying Property Owners SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s); Receive and File; Motion B; Motion A ATTACHMENTS: Description Type ❑ Kunkel and Associates Urban Revitalization Plan-MVM Memo City Manager Memo ❑ Kunkel Staff Memo Staff Memo ❑ Resolution Resolutions ❑ Ordinance Ordinance ❑ Urban Revitalization Area Plan Supporting Documentation THE CITY OF Dubuque UBE I erica .i Masterpiece on the Mississippi 2007-2012-2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Kunkel and Associates Urban Revitalization Plan and Ordinance Establishing the Kunkel and Associates Urban Revitalization Area DATE: January 15, 2015 Economic Development Director Maurice Jones is recommending City Council approval of the Urban Revitalization Plan for the Kunkel and Associates Urban Revitalization Area, Lot 6, Block 2 of Dubuque Technology Park, and adopt the ordinance establishing the Kunkel and Associates Urban Revitalization Area. I concur with the recommendation and respectfully request Mayor and City Council approval. Micliael C. Van Milligen MCVM:nr Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Maurice Jones, Economic Development Director Dubuque Economic Development Department THE CITY OF 50 West 13th Street All-AmericaCity Dubuque,Iowa 52001-4864 D U B34 E1 I Office(563)589-4393 TTY(563)690-6678 http://www.cityofdubuque.org Masterpiece on the Mississippi 2007.2012.2013 TO: Michael Van Milligen, City Manager FROM: Maurice Jones, Economic Development Director SUBJECT: Resolution Approving the Kunkel and Associates Urban Revitalization Plan for the Kunkel and Associates Urban Revitalization Area, Lot 6, Block 2 of Dubuque Technology Park in the City of Dubuque and Adopting an Ordinance Designating the Kunkel and Associates Urban Revitalization Area. DATE: January 15, 2015 Introduction This memorandum presents an explanation of the steps the City Council has taken to date, and requests City Council adoption of a resolution approving the Kunkel and Associates Urban Revitalization Plan and adoption of an Ordinance establishing the Kunkel and Associates Urban Revitalization Area. Background On December 15, 2014 the City Council held a public hearing on a resolution to approve the Urban Revitalization Plan for the Kunkel and Associates Urban Revitalization Area. The City Council was requested to delay final action on the resolution until January 20, 2015 because of the 30-day notice requirement of the urban revitalization statute, Iowa Code Chapter 404. Discussion The City did not receive a petition to hold a second public hearing on the Urban Revitalization Plan within the 30-day notice period. Therefore, the City Council may proceed with the adoption of the attached resolution approving the Plan. The final step in the process will be the adoption of the attached Ordinance establishing the Kunkel and Associates Urban Revitalization Area. RECOMMENDATION/ACTION STEP I recommend that the City Council adopt the resolution approving the Urban Revitalization Plan for the Kunkel and Associates Urban Revitalization Area. I also recommend that the City Council adopt the Ordinance establishing the Kunkel and Associates Urban Revitalization Area. Prepared by: Anderson Sainci, Economic Development, 50 W. 13th Street, Dubuque IA 52001, 563 589-4393 Return to: Anderson Sainci, Economic Development, 50 W. 13th Street, Dubuque IA 52001, 563 589-4393 RESOLUTION NO. 27-15 APPROVING THE ADOPTION OF AN URBAN REVITALIZATION PLAN FOR THE KUNKEL & ASSOCIATES URBAN REVITALIZATION AREA Whereas, the City Council of the City of Dubuque (the City), Iowa on October 20, 2014, approved Resolution No. 327-14, a resolution of finding that the economic development of Lot 6 Block 2 of Dubuque Technology Park in the City of Dubuque, Iowa, according to the recorded plat thereof known as the Kunkel and Associates Urban Revitalization Area is necessary in the interest of the welfare of the residents of the City, and the property meets the criteria for Urban Revitalization as defined in Section 403.17 of the Code of Iowa, 2014, and Whereas, on November 3, 2014 the City reviewed a proposed Urban Revitalization Plan (the Plan) for the Kunkel and Associates Urban Revitalization Area, and scheduled, by Resolution No, 342-14, a public hearing to be held on December 15, 2014 on the proposed adoption of the Plan, and Whereas the City ordered the City Clerk to publish, at least once, not less than thirty days prior to the public hearing notice of said hearing in the manner provided in Section 362.3 of the Code of Iowa, and cause notice of said hearing to be given by ordinary mail at the last known addresses of the owners of record of Lot 6 Block 2 of Dubuque Technology Park in the City of Dubuque, Iowa, according to the recorded plat thereof, and Whereas, the City Clerk published the notice of public hearing on November 7, 2014 and gave the notice to the property owners by ordinary mail at least thirty days prior to the public hearing, and Whereas, the City has held the required public hearing, and has not received a valid petition requesting a second public hearing within thirty days after the public hearing held on December 15, 2014, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The Urban Revitalization Plan for Lot 6 Block 2 of Dubuque Technology Park in the City of Dubuque, Iowa, according to the recorded plat thereof, known as the Kunkel and Associates Urban Revitalization Area is hereby approved. II Passed and approved this day of 20th Day of January, 2015. Attest: ..Atir,y10"*".ri Kevi S. Firnstahl, City Cler Karla A. jig, Mayor Pro Tern ORDINANCE NO. 05-15 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 3, REVENUE AND TAXATION, CHAPTER 2 REVITALIZATION AREAS, BY ADOPTING A NEW SECTION 10 KUNKEL AND ASSOCIATES, ESTABLISHING THE KUNKEL AND ASSOCIATES URBAN REVITALIZATION AREA, AND ESTABLISHING REQUIREMENTS FOR QUALIFYING PROPERTY OWNERS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. City of Dubuque Code of Ordinances Title 3, Chapter 2 is hereby amended by adding the following: 3-2-9: Kunkel and Associates: The area hereinafter described is hereby designated as the Kunkel and Associates Urban Revitalization Area in accordance with the code of Iowa: Lot 6 Block 2 of Dubuque Technology Park in the City of Dubuque, Iowa, according to the recorded plat thereof. B. The Kunkel and Associates Urban Revitalization Plan as attached to this ordinance is hereby adopted and approved and the properties within said described area shall be subject to the provisions of said plan. C. The Kunkel and Associates Urban Revitalization Plan shall hereafter be on file in the city clerk's office, City Hall, Dubuque, Iowa. D. Additional requirements: In order to qualify for the tax abatement program established in the plan, the property owner must create ten (10) new full-time jobs in the Kunkel and Associates Urban Revitalization Area within 5 years of approval of the property owner's application by the City Council for tax abatement. If the property owner fails to create all such jobs within such five-year period, the property owner must provide a refund of all taxes abated to the County Treasurer within sixty (60) days after the end of such 5 -year period for distribution to the governing bodies affected by the abatement of such taxes in the amount of the lost taxes of each such governing body. E. Certification: To assist City in monitoring the job creation requirement of Par. D, a duly authorized officer of the property owner shall certify to City the number of full-time equivalent jobs employed at the above described property on the fifth anniversary of the date of approval of the property owner's application for tax abatement. Section 2. This ordinance takes effect upon publication, Passed, approved and adopted the 20th day of January, 2015. Attest: -ariejned c`. Kevitll S. Firnstahl, City erk Karla A. Braig/layor Pro Tern OFFICIAL PUBLICATION ORDINANCE NO.5.15' AMENDING CITY OF (DUBUQUE CODE OF ORDINANCES TITLE 3, REVENUE AND TAX- ATION, 'CHAPTER 2 REVITALIZATION AREAS. BV r ADOPTING A NEW,'SECTION 10 KUNKEL AND ASSO- CIATES, ESTABLISH- ING`THE KUNKEL AND ASSOCIATES. liRBAN REVITALIZATION AREA, AND ;:ESTAB- LISHING REQUIRE- MENTS FOR 'QUALI- FYING PROPERTY OWNERS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. City of Dubuque Code of Ordinances Title 3, Chapter 2 is hereby amended by adding q the following: 3-2-9: Kunkel and Associates- - The area hereinafter, described is . hereby designated as the Kunkel and Associates Urban Revitalization Area in accordance with the code of;'lowa• Lot 6 Block ` 2 of Dubuque Technology Park in the City of Dubuque, lowa,accord- ing to the recorded plat' ,, thereof.�` B. The Kunkel and Associates Urban Re- vitalization 'Plan as attached to this ordinance is hereby •adopted and approved and the properties. within said described area shall be subject to the provisions of said plan. 4 C. The Kunkel and Associates Urbao„ Revi- talization Plan" 'shall hereafter be on file in the city clerk's office, City Hall, •.Dubuque, Iowa. Di, Additional require- ments: In order to qualify for the tax abatement program established in the plan, the , property owner>;. must create ten (10) new full-time jobs in, the Kunkel and, Associates Urban Revi- talization Area within 5 `years of approval of the property owner's application by the City Council for tax abatement. If the pro C perty owner fails to create '''all such jobs within, such five-year period, the property, owner must provide a refund of all ,:taxes abated to the County Treasurer within sixty (60) days after the end of such -5 -year period for distribution to the governing bodies af- fected by the abatement of such taxes in the amount of the lost taxes of each Such governing body. E, Certification: ° To assist City .in monitoring the job creation requirement of Par. ` D, a duly authorized officer of I the property owner shall certify to City.the number of full-time equivalent jobs em- , ployed ,at the above I described` property on 1 the fifth`anniversary of the date of approval of the property owner's application •for tax abatement. Section 2. This ordinance takes effect upon publication,, Passed, approved and adopted the 20th day of January, 2015. /s/Roy D. Buol, Mayor i Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in "'I the Telegraph Herald newspaper on the 23rd day of January, 2015. /s/ Kevin S. Firnstahl, City Clerk it 1/23 CERTIFICATION OF PUBLICATION 1, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: January 23, 2015, and for which the charge is $28.56. Subscribed to before m-viL Notary Public in and for Dubuque County, Iowa, this 774-1 clay of ‘., , 20 /5 • _ °Notary Public in and for Dubuque County, Iowa. ARY K. WESTERMEYER Commission Number 154885 My Comm, Exp. FEB, 1, 2017 „,, Kunkel & Associates Urban Revitalization Area Plan November 3, 2014 Introduction: The State of Iowa Urban Revitalization Act, Code of Iowa, Chapter 404 (the "Act"), authorizes cities to designate one or more areas of the City as a revitalization area, with the goal of increasing or stabilizing the local tax base by encouraging new construction which might otherwise not occur. Improvements to qualified real estate with these designated areas may then become eligible for an exemption from property taxes for a specified numbers of years. To implement the provisions of the Act, the City must prepare a revitalization plan for each designated area. This document is the plan addressing the requirements of the Act for an area to be known as the "Kunkel & Associates Urban Revitalization Area". Area eligibility criteria: The area described below meets the criteria for designation, specifically Section 404.1 (4) of the Code of Iowa, and constitutes "an area which is appropriate as an economic development area" as defined in Section 403.17 of the Code of Iowa. Objectives: This Plan was prepared in conformance with Sections 404.1 and 404.2 of the Act for the purpose of providing incentives and outlining procedures to enhance the potential for commercial development in the Kunkel & Associates Urban Revitalization Area. The primary objectives of this Plan are as follows: • Encouraging new construction of commercial properties through the abatement of taxes on the value of the improvements constructed. • Improving economic conditions in the City by creating new commercial development opportunities and taking steps to increase the tax base. • Assisting businesses in the area in their expansion activities and creating new jobs which will support the Council's objective to assist business expansion and to create new jobs. Legal description: The property to be included in the Kunkel & Associates Urban Revitalization Area is located in the Dubuque Technology Park, and is legally described as: Lot 6 Block 2 Dubuque Technology Park in the City of Dubuque, Iowa, according to the recorded plat thereof. A map of the area boundaries is attached as Exhibit A. Current assessed value: The current assessed valuation of the Area, which is the property described above, as of August 13, 2014, is $1 ,739,960, which is $1 ,343,860 for the improvements and $396,100 for the land. Property ownership: The current property owner within the Area, as of August 13, 2014 is KBA Properties, LLC, 401 Data Court Dubuque, IA 52003. Existing and Proposed Land Use and Zoning Classification: The existing and future land use for the property located within the Area is Office (OF). City Services: The City is not proposing to extend any City services to the Area that are not already provided. Relocation: No relocation will occur due to the redevelopment of the Area. There are currently no residents located in the Area and no resident or business will be forced to leave due to potential redevelopment of the Area. Eligible Improvements: Eligible improvements are limited to new construction of commercial structures on vacant land within the Area. All new construction, in order to be considered eligible, must be completed in conformance with all applicable regulations of the City of Dubuque. No abatement will be allowed unless a building permit has been issued by the City with respect to the project for which the abatement is requested. Actual value added by improvements means the actual value added as of the first year for which the exemption was received according to tax assessment valuation determined by the Dubuque County Assessor. Exemptions: Applicants for commercial tax abatements will select the following option: Option 1 : All commercial and/or industrial real estate is eligible to receive a partial exemption from taxation on the actual value added by the improvements. The exemption is for a period of ten (10) years. The amount of the partial exemption is equal to a percent of the actual value added by the improvements, determined as follows: A. For the first year, eighty percent (80%). B. For the second year, seventy percent (70%). C. For the third year, sixty percent (60%). D. For the fourth year, fifty percent (50%). E. For the fifth year, forty percent (40%). F. For the sixth year, forty percent (40%). G. For the seventh year, thirty percent (30%). H. For the eighth year, thirty percent (30%). I. For the ninth year, twenty percent (20%). J. For the tenth year, twenty percent (20%). Application Procedures: An application must be filed for each new exemption claimed. The property owner must apply to the City for an exemption by February 1 sc of the assessment year for which the exemption is first claimed. The application must contain, but not be limited to, the following information: a description of the proposed new construction project, its cost, and the estimated or actual date of completion of the new construction. All applications must be on the form of application provided by the City. Approval of Applications: Owners may submit a proposal for a new commercial construction project to the City Council to receive prior approval for eligibility for a tax exemption on the project. The City Council must give its prior approval if the project is in conformance with this Plan for revitalization. However, if the proposal is not approved, the owner(s) may submit an amended proposal for the City Council to approve or reject. Such prior approval will not entitle the owner(s) to exemption from taxation until the new construction has been completed and found to be qualified for the exemption. For prior approval and non-prior approval applications, the City Council must approve an application submitted for approval if: The project, as determined by the City Council, is in conformance with this Plan; The project is located within the Urban Revitalization Area; The improvements were made during the time the Urban Revitalization Area was so designated; The project has obtained a building permit from the City; and Any other legal requirement. All approved applications must be forwarded by the City to the Dubuque City Assessor by March 1 for review, and a final determination of eligibility by the Assessor, pursuant to Section 404.5 of the Code of Iowa. The City Assessor must make a physical review of all properties with approved applications. The City Assessor must determine the increase in actual value for tax purposes due to the new construction and notify the applicant of the determination, which may be appealed to the local board of review pursuant to Section 441 .37 of the Code of Iowa. After the initial tax exemption is granted, the City Assessor must continue to grant the tax exemption for the time period specified on the approved application. The tax exemptions for the succeeding years will be granted without the owner(s) having to file an application for succeeding years. Other Sources of Revitalization Funds: The City anticipates making application to the Iowa Economic Development Authority for state financial assistance to assist Kunkel and Associates, Inc. in an expansion. Revenue Bonds: The City has no plans at the present time to issue revenue bonds for revitalization projects within the Area. Conclusion The incentives provided within the Area are intended to assist Kunkel & Associates with an expansion of the company's current facility beginning in 2015. The company plans to create eighteen (18) full time jobs within three years. This will support the City Council's objective to assist business expansion and to create new jobs. Kunkel Associates Inc Expansion tion. �o r t _ st 1 to v I j -.r! i" � P P� N A� vR� GRANGER CREEK H Eco imok OevelopawnfdJ ban RenewalDiaUCtsibWxque Technology Park%2014%Kunkel ExpansioMKunkelExpansion rnxd