Derby Grange Road Housing Urban Renewal Plan_Initiate Copyright 2014
City of Dubuque Items to be set for Public Hearing # 6.
ITEM TITLE: Derby Grange Road Housing Urban Renewal Plan -
Resolution of Necessity
SUMMARY: City Manager recommending approval of a Resolution of
Necessity that finds that an Urban Renewal Plan for the
Derby Grange Road Housing Urban Renewal Area is both
necessary and appropriate and sets a public hearing on the
proposed plan for March 20, 2017.
RESOLUTION of Necessity Finding That Certain Property
in and Near Rustic Point Estates and Timber Ridge Estates
is an Economic Development Area and that The
Development of Said Area is Necessary in the Interest of
the Residents of the City of Dubuque, Iowa, and Setting a
Date for Hearing on a Proposed Urban Renewal Plan for
Said District
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s), Set Public Hearing for March 20, 2017
ATTACHMENTS:
Description Type
Derby Grange Road Resolution of Necessity-MVM City Manager Memo
Memo
Staff Memo Staff Memo
Attachment Supporting Documentation
Joint Agreement Supporting Documentation
Resolution of Necessity Resolutions
Notice of Public Hearing Supporting Documentation
THE CITY OF Dubuque
DUB E i"
Masterpiece on the Mississippi 2007.2012.2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Resolution of Necessity to Create the Derby Grange Road Housing Urban
Renewal Area
DATE: February 16, 2017
Economic Development Director Maurice Jones recommends City Council approval of a
Resolution of Necessity that finds that an Urban Renewal Plan for the Derby Grange
Road Housing Urban Renewal Area is both necessary and appropriate and sets a
public hearing on the proposed plan for March 20, 2017.
1 concur with the recommendation and respectfully request Mayor and City Council
approval.
6&-zn'
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, 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
AII-AwftlitY Dubuque,Iowa 52001-4864
DUB3 &kE1 I Office(563)589-4393
TTY(563)690-6678
® http://www.cityofdubuque.org
Masterpiece on the Mississippi 200.2012.2013
TO: Michael Van Milligen, City Manager
FROM: Maurice Jones, Economic Development Director
SUBJECT: Resolution of Necessity to Create the Derby Grange Road Housing
Urban Renewal Area
DATE: February 15, 2017
INTRODUCTION
This memorandum presents for City Council consideration a Resolution of Necessity
that: 1) finds that an Urban Renewal Plan for the Derby Grange Road Housing Urban
Renewal Area is both necessary and appropriate; and 2) sets a public hearing on the
proposed plan for March 20, 2017.
BACKGROUND
The Derby Grange Road Housing Urban Renewal Area (the "Area") will be an urban
renewal area which allows the City of Dubuque to capture tax increment revenue from
improvements made in the Urban Renewal Area in order to promote housing and
residential development activities. The Area will be created primarily for the
development of two residential districts (Rustic Point Estates and Timber Ridge Estates)
and improvements along portions of Kennedy Road and Derby Grange Road. In
addition to funding the development of infrastructure, tax increment financing will be
used to benefit Low and Moderate Income (LMI) individuals in our community at large.
As portions of the Area are outside, but within two miles of, city limits, the City is
required to have a Joint Agreement with the County in order to exercise its urban
renewal authority in the county portions of the Area. This Agreement was approved by
the County on February 13, 2017 (attached).
The proposed Urban Renewal Plan for the Area describes the specific use of tax
increment funds, reflecting the utilization of tax rebates, the construction of public
infrastructure, and other planned expenditures.
DISCUSSION
The primary goal of the Plan is to stimulate, through public involvement and
commitment, private investment in new housing and residential development as defined
by the Iowa Code Section 403.17(12). This proposed Area would result in improved
roads and utilities in the Area, as well as funding to assist with LMI family housing
anywhere within the City at large. In particular, the Area would provide for utility
improvements in the Area.
With the 10 year life of the Urban Renewal Area it is projected to generate
approximately $4.1 million in increment with $1 .7 million going to affordable housing
throughout the community and $2.4 million going to improvements in the Area. See
attached financial summary.
The attached Resolution directs staff to prepare an Urban Renewal Plan for the Derby
Grange Road Housing Urban Renewal Area, setting forth the area to be included and
the urban renewal projects that are currently expected to be undertaken in the Area,
and for LMI households in the community at large. Additionally, staff is required to hold
a consultation process, required by law, with the affected taxing entities concerning the
proposed Plan.
A City Council public hearing on the Urban Renewal Plan will be scheduled for March
20, 2017. The public notice will be published four to twenty days before the meeting to
allow for the appropriate publication requirements. This will allow time for preparation of
the Plan and the consultation process with the taxing entities.
RECOMMENDATION/ ACTION STEP
I recommend the City Council adopt the attached Resolution of Necessity that begins
the process of creating the Urban Renewal Plan for the Derby Grange Road Housing
Urban Renewal Area.
The proposed Plan will provide for the continued use of tools that encourage investment
and development activities in the Area and support revitalization within the Area and the
community at large.
Attachment
RESOLUTION NO. 69-17
RESOLUTION OF NECESSITY FINDING THAT CERTAIN PROPERTY IN AND NEAR
RUSTIC POINT ESTATES AND TIMBER RIDGE ESTATES IS AN ECONOMIC
DEVELOPMENT AREA AND THAT THE DEVELOPMENT OF SAID AREA IS
NECESSARY IN THE INTEREST OF THE RESIDENTS OF THE CITY OF DUBUQUE,
IOWA, AND SETTING A DATE FOR HEARING ON A PROPOSED URBAN RENEWAL
PLAN FOR SAID DISTRICT
WHEREAS, the City Council of the City of Dubuque has determined that the
creation of the Derby Grange Road Housing Urban Renewal Area will stimulate,
through public involvement and commitment, private investment in new housing and
residential development as defined by Iowa Code 403.17(12), as described in the
Urban Renewal Plan; and
WHEREAS, the City Council has determined that the area described in
Attachment A to this Resolution meets the definition of an economic development area
as defined in Chapter 403 "Urban Renewal" of the Iowa Code; and
WHEREAS, a significant need for housing units exists in the community and local
resources are needed to advance the development; and
WHEREAS, Iowa Code Chapter 403 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 proposed Derby Grange Road Housing Urban Renewal Area,
generally described in Attachment A to this Resolution, is an economic development area
as defined by Chapter 403 of the Iowa Code, appropriate for public improvements related
to housing and residential development, and is appropriate for an urban renewal project.
Section 2. That the development of the Derby Grange Road Housing Urban
Renewal 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 development of this area will provide new opportunities for
quality housing and job creation in the community.
Section 4. That the City Manager is authorized and directed to prepare an Urban
Renewal Plan for the Derby Grange Road Housing Urban Renewal Area, to forward said
Plan 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 5. That the City Clerk is directed to publish notice of a public hearing on the
adoption of an Urban Renewal Plan for the Derby Grange Road Housing Urban Renewal
Area to be held on the 20th day of March, 2017, at 6:00 p.m. in the Historic Federal Building
in Dubuque, Iowa, 350 W. 6th Street, Dubuque, Iowa and that said notice shall generally
identify the area covered by the Plan and the general scope' of the Urban Renewal Plan
activities planned for such area.
Section 6. 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 and the
County Board of Supervisors, as the affected taxing entities.
PASSED, APPROVED and ADOPTED this 20th day of Feb 'ua , 2017.
ATTEST:
KevirSTFirnstahi, City Clerk
Roy D. Buol, Mayor
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CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
PUBLIC NOTICE is hereby given that the City Council of the City of Dubuque, Iowa, will
hold a public hearing on 20th day of March, 2017, at 6:00 p.m., in the Historic Federal
Building, City Council Chambers (Second Floor), 350 West 6th Street, Dubuque, Iowa,
at which meeting the City Council will consider a proposed Urban Renewal Plan ("Plan")
for the Derby Grange Road Housing Urban Renewal Area ("Area").
The Plan for the Derby Grange Road Housing Urban Renewal Area is proposed to help
local officials promote housing and residential development in the City of Dubuque
("City"). The primary goal of the Plan is to stimulate, through public involvement and
commitment, private investment in new housing and residential development as defined
by the Iowa Code Section 403.17(12). The proposed Plan, if approved, would include
public improvements related to housing and residential development within public rights-
of-way and project activities that may be undertaken in order to achieve the objectives
of the Plan.
The Derby Grange Road Housing Urban Renewal Area generally includes an area
known as the Rustic Point Estates and Timber Ridge Estates and some adjoining public
right-of-way generally along portions of Kennedy Road and Derby Grange Road. The
Area is legally described as follows:
All that part of the right of way of John F. Kennedy Road lying between the
Northwesterly right of way line of Northwest Arterial (Iowa State Highway #32) and
the Northeasterly extension of the Northerly line of Lot 2 of Barton Randle Addition,
City of Dubuque, Iowa; and
All that part of the Easterly half of the right of way of John F. Kennedy Road lying
between the Northeasterly extension of the Northerly line of Lot 2 of Barton Randle
Addition, City of Dubuque, Iowa, and the Easterly extension of the Southerly line of
Lot 2 of Lot 1 of the Subdivision of the Southeast Quarter of the Southwest Quarter
of Section 9, T89N, R2E of the 5th P.M., Dubuque County, Iowa; and
A part of Lot 2 the Subdivision of Lot 1 of the Southeast 1/4 of the Southwest 1/4 of
Section 9, Township 89 North, Range 2 East of the 5th Principal Meridian, in the
County of Dubuque, Iowa, more particularly described as follows:
Commencing as a point of reference at the Northwest corner of Lot 2 of the
Subdivision of Lot 1 of the Southeast % of the Southwest % of Section 9, Township
89 North, Range 2 East of the 5th Principal Meridian, in the County of Dubuque,
Iowa; Thence North 88 Degrees 39 Minutes 26 Seconds East along the North line of
said Lot 2 a distance of 731 .49 feet to the point of beginning; Thence continuing
North 88 Degrees 39 Minutes 26 Seconds East along the North line of said Lot 2 a
distance of 137.55 feet to the Northeast corner of said Lot 2; Thence Southeasterly
along the East line of said Lot 2, being a circular curve concave to the East, having a
radius of 955.37 feet, a chord of 191 .31 feet which bears South 06 Degrees 13
Minutes 07 Seconds East, an arc length of 191 .63 feet; Thence South 11 Degrees
58 Minutes 32 Seconds East along said East line a distance of 258.07 feet to the
Southeast corner of said Lot 2; Thence South 88 Degrees 05 Minutes 36 Seconds
West along the South line of said Lot 2 a distance of 33.52 feet to a point on the
West right of way line of Kennedy Road; Thence North 11 Degrees 58 Minutes 32
Seconds West along said west right of way line a distance of 279.21 feet; Thence
Northwesterly along said West right of way line, being a circular curve concave to
the East having a radius of 988.37 feet, a chord of 34.46 feet which bears North 10
Degrees 57 Minutes 57 Seconds West, an arc length of 34.46 feet; Thence North 47
Degrees 24 Minutes 27 Seconds West along said West right of way line a distance
of 159.58 feet to a point on the South right of way line of Derby Grange Road;
Thence North 02 Degrees 06 Minutes 27 Seconds West a distance of 52.00 feet to
the point of beginning; and
All that part of Lot 2 of the Northeast % of the Southwest % of Section 9, T89N, R2E
of the 5 part
Dubuque County, Iowa, lying within the existing right of way of North
Cascade Road; and
All of Lot 1 of Tscharner Place No. 4, Section 9, Township 89 North, Range 2 East of
the 5th P.M., Dubuque County, Iowa; and
All that part of Lot 2 of Tscharner Place No. 3, Dubuque County, Iowa, lying South of
the North line of the Southwest Quarter of Section 9, T89N, R2E of the 51h P.M. and
East of the Westerly right of way line of John F. Kennedy Road; and
All of Lot 1-A of The Barony, Dubuque County, Iowa; and
All that part of the Northwesterly half of the right of way of John F. Kennedy Road
lying Westerly of the West line of Lot 1 of Hope Evangelical Free Church 1st
Addition, Dubuque County, Iowa, and lying Easterly of the Southerly extension of the
West line of Lot 1-A of The Barony, Dubuque County, Iowa; and
The West 19.85 acres of the North Half of the Southeast Quarter of the Northeast
Quarter of Section 9, Township 89 North, Range 2 East of the 5th P.M., Dubuque
County, Iowa (also known as the North Half of the Southeast Quarter of the
Northeast Quarter of Section 9, Township 89 North, Range 2 East of the 5th P.M.,
except 10 feet on the East side of said 20 acres of land reserved for a private
roadway, in Dubuque County, Iowa).
Under the Plan, it is expected that a portion of the available tax increment revenues
generated within the Area, equal in amount to at least 38.1 % of the expected project
costs, are to be used for purposes of providing assistance to low and moderate income
housing in the community at large.
At the above meeting, the City Council will receive oral and written comments from any
resident or property owner of said City to the above action. Written comments
regarding the proposed Plan may be submitted to the City Clerk's Office on or before
said time of public hearing.
Copies of supporting documents for the public hearing are on file in the City Clerk's
Office, 50 W. 13Th Street, and may be viewed during normal working hours.
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
TTY (563) 690-6678 at least 48 hours prior to the meeting.
Published by order of the City Council given on the 20th day of February, 2017.
Kevin S. Firnstahl, CMC
City Clerk
RESOLUTION NUMBER
APPROVE JOINT AGREEMENT WITH CITY OF DUBUQUE TO CREATE THE URBAN
RENEWAL AREA KNOWN AS THE DERBY GRANGE ROAD HOUSING URBAN
RENEWAL AREA
WHEREAS, the Dubuque County Board of Supervisors has been presented with
a Joint Agreement with the City of Dubuque to create an urban renewal area known
as the Derby Grange Road Housing Urban Renewal Area (the Area), to include
property located within two miles of, but outside the corporate limits, of the City of
Dubuque, for undertaking an urban renewal project; and
WHEREAS, the Dubuque County Board of Supervisors has reviewed the
proposed Joint Agreement and has determined to consent to the creation of the Area
as so proposed.
NOW, THEREFORE BE IT RESOLVED that the Dubuque County Board of
Supervisors approves and authorizes the Chairperson to sign the Joint Agreement
with the City of Dubuque to create the Urban Renewal Area known as the Derby
Grange Road Housing Urban Renewal Area, to include property located within two
miles of, but outside the corporate limits of, the City of Dubuque, for undertaking
urban renewal projects as provided by Iowa Code Section 403.17(4).
f9 ��
PASSED, APPROVED, AND ADOPTED this day of J60?Gt,/iA'/ , 2017.
DUBUQUE COUNTY, IOWA
By:
ATTEST: By:
Jay Wickham, Chairperson
Board of Supervisors
Denise Dolan, County Auditor
JOINT AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
DUBUQUE COUNTY, IOWA
WHEREAS, the City Council of the City of Dubuque, Iowa (the City) desire to
create an urban renewal area known as the Derby Grange Road Housing Urban
Renewal Area (the District) to include property located within two (2) miles of, but
outside the corporate limits of, the City of Dubuque for the purposes of undertaking an
urban renewal project; and
WHEREAS, the Board of Supervisors of Dubuque County, Iowa (the County) has
reviewed the area proposed to be included in the Urban Renewal Area for said area,
and has determined that the creation of the area and completion of the projects
proposed in the District are in the best interests of Dubuque County; and
WHEREAS, because a portion of the land proposed to be added is outside the
corporate limits of the City of Dubuque, Iowa Code Section 403.17(4) requires a joint
agreement between the City and the County before the City can proceed with said
projects.
NOW THEREFORE, DUBUQUE COUNTY, IOWA AND THE CITY OF
DUBUQUE, IOWA AGREE AS FOLLOWS:
1. The Board of Supervisors of Dubuque County hereby consents to, agrees, and
authorizes the City to proceed with the creation of the Derby Grange Road Housing
Urban Renewal Area to include the real property shown in the attached Exhibit A, and
further consents to the undertaking of urban renewal projects by the City and the
exercise of all lawful urban renewal powers and authority by the City within said area.
2. This Joint Agreement is intended to meet the requirements of Iowa Code Section
403.17(4) with respect to the establishment of an urban renewal area in Dubuque
County, Iowa, to include land within two (2) miles of, but outside the corporate limits of,
the City of Dubuque, Iowa.
3. This Joint Agreement has been duly authorized by the governing bodies of
Dubuque County and the City of Dubuque.
DUBUQUE COUNTY, IOWA
By:
Jay Wie fiam, Chairperson
Dubuque County Board of Supervisors
ATTEST:
By: L-AQ/249'-�
Maryd. Mabel, Deputy County Auditor
STATE OF IOWA )
ss
COUNTY OF DUBUQUE )
On this 1 day of 17Lin,wati , 2017, before me a Notary Public in and
for the State of Iowa, persona( appeared J (A) I eiLkOin and
I( ti,,,v 3-; c/1 , to me personally known, who beinduly sworn did say that
they are)the Chairperson of the Board of Supervisors and Auditor, respectively, of
Dubuque County, State of Iowa, a political subdivision, and that the seal affixed to the
foregoing instrument is the seal of said political subdivision, and that said instrument
was signed and sealed on behalf of said political subdivision by authority and resolution
of its Board of Supervisors and said Chairperson and Auditor acknowledged said
instrument to be the free act and deed of said political subdivision by it voluntarily
executed.
Notary Public in and for Dubuque County, Iowa
CITY OF DUBU UE, IOWA
By: z -n Pik,/
Roy D./ uol, Mayor
ATTEST:
By:/,% /.e
Kevin S4 irnstah1; City Clerk
STATE OF IOWA
COUNTY OF DUBUQUE )
ss
On this 3 day of C , 2017, before me a Notary Public in 9nd
for said fount , . personally appeared C).1�,io nd
'1,(//1 -moi' /-75e)/to me personally known, who ling duly sworn, did say that
they are the Mayor and City Clerk, respectively, of the City of Dubuque, State of Iowa, a
Municipal Corporation, created and existing under the laws of the State of Iowa, and
that the seal affixed to the foregoing instrument is the seal of said Municipal
Corporation, and that said instrument was signed and sealed on behalf of said
Municipal Corporation by authority and resolution of its City Council, and said Mayor
and City Clerk acknowledged said instrument #q be the free act and deed of said
Municipal Corporation by it voluntarily executed.
/IA" in614.0/77_,/
Notary Public infior Dubuque County, Iowa
PAMELA J. McCARRON
Commission Number 772419
My Comm. Exp, 1-1-S-2-01(
JOINT AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
DUBUQUE COUNTY, IOWA
WHEREAS, the City Council of the City of Dubuque, Iowa (the City) desire to
create an urban renewal area known as the Derby Grange Road Housing Urban
Renewal Area (the District) to include property located within two (2) miles of, but
outside the corporate limits of, the City of Dubuque for the purposes of undertaking an
urban renewal project; and
WHEREAS, the Board of Supervisors of Dubuque County, Iowa (the County) has
reviewed the area proposed to be included in the Urban Renewal Area for said area,
and has determined that the creation of the area and completion of the projects
proposed in the District are in the best interests of Dubuque County; and
WHEREAS, because a portion of the land proposed to be added is outside the
corporate limits of the City of Dubuque, Iowa Code Section 403.17(4) requires a joint
agreement between the City and the County before the City can proceed with said
projects.
NOW THEREFORE, DUBUQUE COUNTY, IOWA AND THE CITY OF
DUBUQUE, IOWA AGREE AS FOLLOWS:
1. The Board of Supervisors of Dubuque County hereby consents to, agrees, and
authorizes the City to proceed with the creation of the Derby Grange Road Housing
Urban Renewal Area to include the real property shown in red in the attached Exhibit A,
and further consents to the undertaking of urban renewal projects by the City and the
exercise of all lawful urban renewal powers and authority by the City within said area.
2. This Joint Agreement is intended to meet the requirements of Iowa Code Section
403.17(4) with respect to the establishment of an urban renewal area in Dubuque
County, Iowa, to include land within two (2) miles of, but outside the corporate limits of,
the City of Dubuque, Iowa.
3. This Joint Agreement has been duly authorized by the governing bodies of
Dubuque County and the City of Dubuque.
DUBUQUE COUNTY, IOWA
By:
Jay Wickham, Chairperson
Dubuque County Board of Supervisors
ATTEST:
By: � Sl"
4a-0
Mary J.'Ha#6el, Deputy County Auditor
STATE OF IOWA
ss
COUNTY OF DUBUQUE )
Y_/y
On this /3 day ofbra/ Yy , 2017, before me a Notary Public in and
for the tate of Iowa, personally appeared -T4-y t I`G/'tc and
/ ► -, -Pe 4,411.4 , to me personally known, who being duly sworn did say that
they are the Chairperson of the Board of Supervisors and Auditor, respectively, of
Dubuque County, State of Iowa, a political subdivision, and that the seal affixed to the
foregoing instrument is the seal of said political subdivision, and that said instrument
was signed and sealed on behalf of said political subdivision by authority and resolution
of its Board of Supervisors and said Chairperson and Auditor acknowledged said
instrument to be the free act and deed of said political subdivision by it voluntarily
executed.
DENISE 1i, DOl!•N
Comrnlaelon Nurnkr.
Commlaalon rxrl, g12312a ri
Notary Public in and for Dubuque County, Iowa
CITY OF DUBUE, IOWA
By:
Roy D.
ATTEST:
By:
oI, Mayor
Kevin S. ' irnstahl, City Clerk
STATE OF IOWA )
ss
COUNTY OF DUBUQUE )
On this , day of L1J1L.O, 2017, be me a Notary Public in and
for said •County., person IIy appeared d , ;� 1�; In1 and
rn 5 F\rn ,\-aki to me personally known, who bei nj duly sworn, did say that
they are the Mayor and City Clerk, respectively, of the City of Dubuque, State of Iowa, a
Municipal Corporation, created and existing under the laws of the State of Iowa, and
that the seal affixed to the foregoing instrument is the seal of said Municipal
Corporation, and that said instrument was signed and sealed on behalf of said
Municipal Corporation by authority and resolution of its City Council, and said Mayor
and City Clerk acknowledged said instrument to be the free act and deed of said
Municipal Corporation by it voluntarily executed.
AMELA
Commission No bur 772419
My Comm. Exp. 7b113
alY1.1 h )
Notary Public in an�l�fc1r Dubuque County, Iowa
39NV1:19'A941.