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Urban Renewal Plan Dubuque Industrial CenterDubuque THE CITY OF ~.,~. DLTB E ~'-~~;~~~y Masterpiece on the Mississippi 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Resolution of Necessity for an Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District DATE: February 21, 2008 Economic Development Director Dave Heiar is recommending adoption of a Resolution of Necessity that begins the process of amending the Urban Renewal Plan for the Dubuque Industrial Center Economic Development District to expand the district to include the Rail Site. He further recommends that a public hearing be scheduled for April 7, 2008. I concur with the recommendation and respectfully request Mayor and City Council approval. ~~ ~ !~~ Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager David J. Heiar, Economic Development Director T~-C~ CI'T'Y C7F ~~,,,.. ~V~ rVrasterpiece ~~ the lUlisss~ip~i Dubuque ~~ A~-AmericaCity 2007 February 19, 2008 TO: Michael Van Milligen, City Manager FROM: David J. Heiar, Economic Development Director SUBJECT: Resolution of Necessity for an Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District Introduction This memorandum presents for City Council consideration a Resolution of Necessity that: 1) finds that the amendment of the Urban Renewal Plan for the Dubuque Industrial Center Economic Development District is both necessary and appropriate; and 2) sets a public hearing on the proposed amendment for April 7, 2008. The proposed amendment of this district would expand the district to include an area known as the Rail Site (See Attached Map). Background The Dubuque Industrial Center Economic Development District was created on May 2, 1988. The District is an urban renewal area which allows the City of Dubuque to capture tax increment revenue from improvements made in the District. The original area included the Dubuque Industrial Center (known as Subarea A) and was expanded in November 1997 to include the Dubuque Industrial Center West, the County Farm, the Bergfeld Farm, and the North Siegert Farm (known as Subarea B). On January 7, 2008, the Urban Renewal Plan was amended to remove the North Siegert Farm and an area known as the Rail Site. The Iowa Code places a limit of 20 years on the utilization of TIF revenues from "economic development" urban renewal areas created after January 1995. As mentioned, the North Siegert Farm and Rail Site were placed in the District when it was amended in 1997. Since TIF revenue has not been collected or utilized from this portion of the District, the City recently removed the North Siegert Farm and Rail Site from the Urban Renewal District. When these parcels were removed from the District, it was anticipated that at some future date, the City Council could determine to put all or portions of these parcels back into the District, or into a new urban renewal area, and give this new subarea its own 20-year period of tax increment collections to assist in job creation and new development. Before a municipality can exercise the authority conferred by Chapter 403 "Urban Renewal" of the Iowa Code, a Resolution of Necessity must be adopted finding that the area being considered for urban renewal district designation is either a slum, blighted or economic development area and that the rehabilitation, conservation, redevelopment, development, or a combination thereof, of the area is necessary in the interest of the public health, safety or welfare of the residents of the city. The Iowa Code defines a blighted area as, "an area of a municipality within which the local governing body of the municipality determines that the presence of a substantial number of slum, deteriorated, or deteriorating structures; defective or inadequate street layout; faulty lot layout in relation to size, adequacy, accessibility, or usefulness; unsanitary or unsafe conditions; deterioration of site or other improvements; diversity of ownership, tax or special assessment delinquency exceeding the fair value of the land; defective or unusual conditions of title; or the existence of conditions which endanger life or property by fire and other causes; or any combination of these factors; substantially impairs or arrests the sound growth of a municipality, retards the provision of housing accommodations, or constitutes an economic or social liability and is a menace to the public health, safety, or welfare in its present condition and use". An economic development area is defined as, "an area of a municipality designated by the local governing body as appropriate for commercial and industrial enterprises or housing and residential development for low and moderate income families, including single or multifamily housing." The rail site will be designated as an economic development area. Discussion The proposed amendment to the Urban Renewal Plan will expand the District to include the Rail Site as a new Subarea D. This amendment will give the area access to the tools and incentives available to urban renewal district properties, namely tax increment financing. I recommend expanding the District and amending the Urban Renewal Plan to include the Rail Site because Hormel now has decided they want to construct their new manufacturing facility on this land. Although Hormel Food Corp. does not intend to use rail service, the Company needs a 40 acre site that is ready for immediate construction. The Company has informed the City that its initial choice for a site (the North Siegert Farm) will not be suitable after all, and the City has no other parcel that is "spade ready" and large enough to accommodate this project. TIF benefits will be a part of the incentive package to Hormel so the site will need to be in the urban renewal area. The attached Resolution directs staff to prepare an amendment to the Amended and Restated Urban Renewal Plan and to forward the amendment to the Long Range Planning Commission for their review and comment. This is required by Chapter 403 along with a consultation process that involves all affected taxing entities. Those taxing entities, the County, School Board and Northeast Iowa Community College, have an opportunity to comment on the proposed amendment prior to the required public hearing, but they cannot block adoption of the amendment. City Council public hearing on the amendment to the Amended and Restated Urban Renewal Plan will be scheduled for April 7, 2008. The public notice will be published March 21, 2008 to allow for the appropriate reporting requirements. This will allow time for preparation of the amendment, review and comment period by the Long Range Planning Commission and the consultation process with the taxing entities. Recommendation I recommend the City Council adopt the attached Resolution of Necessity that begins the process of amending the Urban Renewal Plan for the Dubuque Industrial Center Economic Development District to expand the District to include the Rail Site. The amendment will provide additional tools to encourage reinvestment and redevelopment activities throughout the District and will support the revitalization within the area. Action Step The action step for the City Council is to adopt the Resolution of Necessity attached to this memorandum. Attachments F:\USERSWdejong\Urban Renewal\Dubuque Industrial Center UR District\2008.3 DIC Urban Renewal Plan\20080219 Necessary Memo.doc RESOLUTION NO. 76-08 A RESOLUTION OF NECESSITY FINDING THAT CERTAIN AREAS ADJACENT TO THE DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT MEET THE DEFINITION OF AN ECONOMIC DEVELOPMENT AREA UNDER THE URBAN RENEWAL LAW, AND THAT DEVELOPMENT OF SAID AREAS IS NECESSARY IN THE INTEREST OF THE RESIDENTS OF THE CITY OF DUBUQUE, IOWA. Whereas, the City Council of the City of Dubuque has heretofore, by Resolution No. 15-08 adopted on January 7, 2008, approved the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District (the "District") in order to provide redevelopment opportunities which will further the purposes and objectives of the foregoing Urban Renewal Plan; and Whereas, the City Council has found that certain areas adjacent to the District meet the definition of an economic development area as found in Chapter 403 "Urban Renewal" of the Iowa Code; and Whereas, Chapter 403 of the Iowa Code requires that before urban renewal authority may be exercised, a City Council must adopt a resolution of necessity finding that the area in question is a slum, blighted or economic development area, and that so designating such area is necessary in the interest of the public health, safety or welfare of the residents of the municipality. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the following described area, which is proposed to be added to the Dubuque Industrial Center Economic Development District, is an economic development area as defined by Chapter 403 of the Iowa Code and is appropriate for an urban renewal project, to wit: Lot 4 of Dubuque Industrial Center West 5th Addition, and Lot B of Dubuque Industrial Center West 5th Addition in the City of Dubuque, Iowa. Section 2. That the development of the above-described expansion area is necessary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning and local community objectives. Section 3. That the City Manager is authorized and directed to prepare an amendment to the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District for the purpose of including the above- described area in the District, to forward said amendment to the City's Long Range Planning Commission for review and comment, and to begin the consultation process required by law with affected taxing entities. Section 4. That the City Clerk is directed to publish notice of a public hearing on the adoption of the proposed amendment to the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District to be held on April 7th, 2008 at 6:30 p.m. in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa 52001 and that said notice shall generally identify the areas covered by the Amended and Restated Plan, the areas proposed to be added to the District, and the general scope of the urban renewal activities planned for such areas, and that said notice shall be published and available to the public on March 21, 2008. Section 5. That the City Clerk is further directed to send by ordinary mail a copy of said notice of public hearing and the proposed amendment to the Dubuque Community School District, the County Board of Supervisors and the Northeast Iowa Community College, as the affected taxing entities. PASSED, APPROVED and ADOPTED this 3rd day of March, 2008. Roy D. Buol, Mayor ATTEST: Jeanne F. Schneider, City Clerk F:\USERS\Adejong\Urban RenewallDubuque Industrial Center UR District\2008.3 DIC Urban Renewal Plan\20080303 Necessary Resolution.doc CITY OF DUBUQUE, IOWA OFFICIAL NOTICE NOTICE is hereby given that the Dubuque City Council will conduct a public hearing on April 7"', 2008 at 6:30 p.m., in the City Council Chambers at the Historic Federal Building, 350 W. 6th St., Dubuque, Iowa, concerning a proposed amendment to the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District ("District"). The proposed amendment identifies certain areas which are proposed to be added to the District, and which are expected to be developed for manufacturing facilities and related uses. The areas to be so included in the District have been determined by the City Council to be economic development areas as defined by Chapter 403 of the Iowa Code and appropriate for an urban renewal project, to wit: Lot 4 of Dubuque Industrial Center West 5~' Addition, and Lot B of Dubuque Industrial Center West 5th Addition in the City of Dubuque, Iowa. All current provisions of the Amended and Restated Urban Renewal Plan would be applicable to the expansion area and remain in full force and effect. A copy of the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District is on file in the City Clerk's Office and may be viewed during normal working hours. Written comments regarding the above amendment may be submitted to the City Clerk's Office on or before said time of public hearing. At said time and place of public hearing all interested citizens and parties will be given an opportunity to be heard for or against said amendment. Any visual or hearing impaired persons needing special assistance or persons with special accessibility needs should contact the City Clerk's Office at (563) 589-4120 or TDD (563) 590-6678 at least 48 hours prior to the meeting. Published by order of the City Council given on the 3~d day of March, 2008. Jeanne F. Schneider, CMC City Clerk