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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 Greater Downtown Urban Renewal District
DATE: July 23, 2008
Economic Development Director Dave Heiar is recommending approval of a Resolution
of Necessity that finds the amendment of the Urban Renewal Plan for the Greater
Downtown Urban Renewal District is both necessary and appropriate and sets a public
hearing for September 2, 2008, to include the South Port Area of the Port of Dubuque in
the District.
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
THE CITY OF Dubuque
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Masterpiece on the Mississippi
2007
DATE: July 22, 2008
TO: Michael Van Milligen, City Manager
FROM: David J. Heiar, Economic Development Directo~
SUBJECT: Resolution of Necessity for an Amended and Restated Urban
Renewal Plan for the Greater Downtown Urban Renewal 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 Greater
Downtown Urban Renewal District is both necessary and appropriate; and 2) sets a
public hearing on the proposed amendment for September 2, 2008.
The proposed amendment of this district would expand the district to include the SQUth
Port Subarea (See Attached Map).
Background
The Downtown Dubuque Urban Renewal District was originally established in 1967. It
has been amended and restated on several occasions over the years to expand the
boundaries to include the Old Main area, the Iowa Inn property, Dubuque Museum of
Art, Historic Federal Building, Locust Street Parking Ramp, the Carnegie-Stout Public
Library, the South Main area, and the Warehouse District. On April 19th, 2004, the
Downtown Dubuque Urban Renewal was merged with the Ice Harbor Urban Renewal
District. By combining the two districts, both public and private development efforts
have benefited from greater flexibility in the use of tax increment financing in the larger
district.
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 South Port Subarea will be designated as a blighted
area.
Discussion
The amendments to the Urban Renewal Plan will expand the district to include the
South Port area. This amendment will give this area access to the tools and incentives
available to urban renewal district properties, including tax increment financing and the
Downtown Rehabilitation Loan Program.
The attached Resolution directs staff to prepare an Amended and Restated Urban
Renewal Plan and to forward the Plan 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 community college, have an opportunity to comment on the
proposed Plan prior to the required public hearing on the Urban Renewal Plan, but they
cannot block adoption of the plan.
City Council public hearing on the amended and restated Urban Renewal Plan will be
scheduled for September 2, 2008. The public notice will be published August 22, 2008
to allow for the appropriate publication requirements. This will allow time for
preparation of the plan, 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 Greater Downtown Urban
Renewal District to expand the district to include the South Port Subarea.
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.
F:\USERS\AdejonglUrban RenewallGreater Downtown UR District\2008.1 Amendment\20080721 Necessary Memo.doc
RESOLUTION NO. 257-08
A RESOLUTION OF NECESSITY FINDING THAT CERTAIN AREAS ADJACENT
TO THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT MEET THE
DEFINITION OF A BLIGHTED 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.
597-07 adopted on December 17, 2007, approved the Amended and Restated Urban
Renewal Plan for the Greater Downtown Urban Renewal District (a merger of the Downtown
Dubuque and Ice Harbor Urban Renewal Districts) (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 a blighted 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
Greater Downtown Urban Renewal District, is a blighted area as defined by Chapter 403 of
the Iowa Code and is appropriate for an urban renewal project, to wit:
1) South Port Subarea
Beginning at a point of reference at the northwest corner of lot 2AA of Cooper
Wagon Works Block in the City of Dubuque, Dubuque County Iowa, said pint
being on the southerly right of way line of East First Street;
Thence southeasterly along the southerly right of line of East First Street and
extension thereof to the municipal limits of the City of Dubuque;
Thence southerly along said municipal limits to a point of intersection with the
southern right of way line of Railroad Ave. extended easterly;
Thence southwesterly along said right of way line extension there to the southeast
corner of lot A, Block 15 Dubuque Harbor Company's Addition;
Thence northwesterly along the easterly line of said Lot A to the northerly right of
way line of Railroad Ave., and south line of lot 1 of 5 of Block 27 Dubuque Harbor
Company's Addition;
Thence northwesterly along the westerly lines of lots 1 of 5, 1 of 4, 1 of 3, 1 of 2
and 1 of 1 of said Block 27 to the south line of lot 4A of said Block 17;
Thence westerly to the easterly right of way line of vacated Water Street;
Thence northwesterly along said easterly line to the southwesterly corner of lot 2
of said Block 17;
Thence westerly along the extension of the southerly line of said Lot 2 to the
westerly line of Vacated Water Street;
Thence southeasterly along said westerly right of way line to the southerly corner
of lot 2 of Block 18 of Dubuque Harbor Company's Addition;
Thence northwesterly along the westerly line of said lot 2 to a point of intersection
with the southerly right of way line of vacated Charter St;
Thence southwesterly along said right of way line and extension thereof the
centerline of South Main Street;
Thence northwesterly along said centerline to the northerly line of lot 5, Block 13
Dubuque Harbor Company's Addition extended northeasterly;
Thence southwesterly along said line to the easterly line of lots 7 and 8 of said
Block 13;
Thence southeasterly along the easterly lines of said lots 7 & 8 and extension
thereof to the centerline of Charter Street;
Thence southwesterly along said centerline to the centerline of Salina Street;
Thence northwesterly along said centerline to the northerly line of lot 1 of 3 of
Block C of Industrial Sub. No. 1 extended northeasterly;
Thence southwesterly along the northerly lines of said lot 1 of 3 and Lot 2 of said
Block C extended to the westerly right of way line of Harrison St.;
Thence northerly along .the easterly line of the West Part of Lot 1 of 1 of 1 of 1 of
P.J. Seippel Lumber Company Place;
Thence westerly along the southerly lines of lots 1 of 1 of 2 of 1 and Lot 2 of 1 of 2
of 1 and extension thereof to the centerline of relocated South Locust St;
Thence northerly along said centerline to the centerline of Dodge St;
Thence easterly along said centerline of Dodge Street to a point of intersection
with the westerly line of Lot E of vacated Shields Street extended southerly;
Thence northerly along said westerly line to the northwest corner of said lot E;
Thence easterly along the north line of said lot E and Lot 6 Block 11 of Dubuque
Harbor Company's Addition and extension thereof to the centerline of Main Street;
Thence southeasterly along the centerline of Main St. to the centerline of Dodge
Street;
Thence easterly along the centerline of Dodge St to the intersection of Highway
61 /151;
Thence northwesterly along said centerline to a point of intersection with the
southerly right of way line of East First Street;
Thence southeasterly along said right of way line to the point of beginning.
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 Amended
and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District for the
purpose of including the above-described areas 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 Amended and Restated Urban Renewal Plan for the Greater
Downtown Urban Renewal District to be held on September 2, 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
August 22, 2008.
Section 5. That the City Clerk is further directed to send by ordinary mail a copy of
said Plan and notice of public hearing 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 4th day of August, 2008.
Roy D. Buol, Mayor
ATTEST:
Jeanne F. Schneider, City Clerk
F:\USERSWdejong\Urban Renewal\Greater Downtown UR District\2008.1 Amendment\20080718 Necessary Resolution.doc
Greater Downtown Urban Renewal District
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District Subareas
Urban RenewalDistricts
NAME
Ice Harbor Subarea A
- Ice Harbor Subarea B
- Ice Harbor Subarea C
® Old Main Subarea
South Main Subarea
- South Port Subarea
Town Clock Subarea
Upper Main Subarea
Warehouse Subarea
CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
NOTICE is hereby given that the Dubuque City Council will conduct a public hearing on
September 2, 2008, at 6:30 p.m., in the City Council Chambers at the Historic Federal
Building, 350 W. 6th St., to consider adopting an amendment to the Amended and Restated
Urban Renewal Plan for the Greater Downtown Urban Renewal District. The proposed
amendment identifies certain areas to be added to the Greater Downtown Urban Renewal
Plan, described as follows:
1) South Port Subarea
Beginning at a point of reference at the northwest corner of lot 2AA of Cooper
Wagon Works Block in the City of Dubuque, Dubuque County Iowa, said pint
being on the southerly right of way line of East First Street;
Thence southeasterly along the southerly right of line of East First Street and
extension thereof to the municipal limits of the City of Dubuque;
Thence southerly along said municipal limits to a point of intersection with the
southern right of way line of Railroad Ave. extended easterly;
Thence southwesterly along said right of way line extension there to the southeast
corner of lot A, Block 15 Dubuque Harbor Company's Addition;
Thence northwesterly along the easterly line of said Lot A to the northerly right of
way line of Railroad Ave., and south line of lot 1 of 5 of Block 27 Dubuque Harbor
Company's Addition;
Thence northwesterly along the westerly lines of lots 1 of 5, 1 of 4, 1 of 3, 1 of 2
and 1 of 1 of said Block 27 to the south line of lot 4A of said Block 17;
Thence westerly to the easterly right of way line of vacated Water Street;
Thence northwesterly along said easterly line to the southwesterly corner of lot 2
of said Block 17;
Thence westerly along the extension of the southerly line of said Lot 2 to the
westerly line of Vacated Water Street;
Thence southeasterly along said westerly right of way line to the southerly corner
of lot 2 of Block 18 of Dubuque Harbor Company's Addition;
Thence northwesterly along the westerly line of said lot 2 to a point of intersection
with the southerly right of way line of vacated Charter St;
Thence southwesterly along said right of way line and extension thereof the
centerline of South Main Street;
Thence northwesterly along said centerline to the northerly line of lot 5, Block 13
Dubuque Harbor Company's Addition extended northeasterly;
Thence southwesterly along said line to the easterly line of lots 7 and 8 of said
Block 13;
Thence southeasterly along the easterly lines of said lots 7 & 8 and extension
thereof to the centerline of Charter Street;
Thence southwesterly along said centerline to the centerline of Salina Street;
Thence northwesterly along said centerline to the northerly line of lot 1 of 3 of
Block C of Industrial Sub. No. 1 extended northeasterly;
Thence southwesterly along the northerly lines of said lot 1 of 3 and Lot 2 of said
Block C extended to the westerly right of way tine of Harrison St.;
Thence northerly along the easterly line of the West Part of Lot 1 of 1 of 1 of 1 of
P.J. Seippel Lumber Company Place;
Thence westerly along the southerly lines of lots 1 of 1 of 2 of 1 and Lot 2 of 1 of 2
of 1 and extension thereof to the centerline of relocated South Locust St;
Thence northerly along said centerline to the centerline of Dodge St;
Thence easterly along said centerline of Dodge Street to a point of intersection
with the westerly line of Lot E of vacated Shields Street extended southerly;
Thence northerly along said westerly line to the northwest corner of said lot E;
Thence easterly along the north line of said lot E and Lot 6 Block 11 of Dubuque
Harbor Company's Addition and extension thereof to the centerline of Main Street;
Thence southeasterly along the centerline of Main St. to the centerline of Dodge
Street;
Thence easterly along the centerline of Dodge St to the intersection of Highway
61 /151;
Thence northwesterly along said centerline to a point of intersection with the
southerly right of way tine of East First Street;
Thence southeasterly along said right of way line to the point of beginning.
The City of Dubuque reserves the right to modify the boundaries of the District at some
future date. Any amendments to the Plan will be completed in accordance with Chapter 403
of the Iowa Code, Urban Renewal Law.
A copy of the proposed amendment to the Amended and Restated Urban Renewal Plan for
the Greater Downtown Urban Renewal 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 22"d day of August, 2008.
Jeanne F. Schneider, CMC
City Clerk
F:\USERSWdejonglUrban Renewal\Greater Downtown UR District\2008.1 Amendment\2008.1 GD UR Public Notice.doc