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Derby Grange Road Amended Urban Renewal Plan Initiate Copyrighted July 5, 2017 City of Dubuque Items to be set for Public Hearing # 4. ITEM TITLE: Derby Grange Road Amended Urban Renewal Plan - Initiate SUMMARY: City Manager recommending approval of a Resolution of Necessity that finds that Amendment No. 1 to the Urban Renewal Plan for the Derby Grange Road Housing Urban Renewal Area is both necessary and appropriate and sets a public hearing on Amendment No. 1 for August 7, 2017. RESOLUTION of Necessity finding that certain property 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 Amendment No. 1 to the Urban Renewal Plan SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for August 7, 2017 ATTACHMENTS: Description Type Derby Grange Road Housing Urban Renewal Area - City Manager Memo MVM Memo Staff Memo Staff Memo Notice of Public Hearing Supporting Documentation Resolution of Necessity Resolutions THE CITY OF Dubuque fta B E I 11p y Masterpiece 012 the Mississippi 2007.2012«2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Resolution of Necessity for Amendment No. 1 to the Urban Renewal Plan for the Derby Grange Road Housing Urban Renewal Area DATE: June 29, 2017 Economic Development Director Maurice Jones recommends City Council approval of a Resolution of Necessity that finds that Amendment No. 1 to the Urban Renewal Plan for the Derby Grange Road Housing Urban Renewal Area is both necessary and appropriate and sets a public hearing on Amendment No. 1 for August 7, 2017. 1 concur with the recommendation and respectfully request Mayor and City Council approval. r Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Maurice Jones, Economic Development Director Dubuque Economic Development Department THE CITY OF 50 West 131h Street All-AmericaCitY Dubuque,Iowa 52001-4864 DUB3 E1 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 for an Amendment No. 1 to the Urban Renewal Plan for the Derby Grange Road Housing Urban Renewal Area DATE: June 27, 2017 INTRODUCTION This memorandum presents for City Council consideration a Resolution of Necessity that: 1) finds that an Amendment No. 1 to the Urban Renewal Plan for the Derby Grange Road Housing Urban Renewal Area ("Amendment No. 1") is both necessary and appropriate; and 2) sets a public hearing on the Amendment No. 1 for August 7, 2017. BACKGROUND The Derby Grange Road Housing Urban Renewal Area (the "Area") is an urban renewal area which allows the City of Dubuque to capture tax increment revenue from improvements made in the Area in order to promote housing and residential development activities. The Area was created April 3, 2017 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. Amendment No. 1 adds land to the Area ("Amendment No. 1 Area") and describes the specific use of tax increment funds, authorizes the construction of public infrastructure, and other planned expenditures. DISCUSSION The primary goal of Amendment No. 1 is to stimulate, through public involvement and commitment, private investment in new housing and residential development as defined by Iowa Code Section 403.17(12). Amendment No. 1 would result in improved roads and utilities in the Area. In particular, Amendment No. 1 authorizes sanitary utility improvements in the Area, as amended. As portions of the Amendment No. 1 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 Amendment No. 1 Area. The Joint Agreement was approved by the County on June 26, 2017. Consent forms are also being gathered from the appropriate land owners in order to include "agricultural land" as that term is defined in Iowa Code Section 403.17(3) in the Area. The attached Resolution directs staff to prepare an Amendment No. 1 to the, setting forth the area to be included in the Amendment No. 1 Area and the urban renewal projects that are currently expected to be undertaken in the Area. Additionally, staff is required to hold a consultation process, required by law, with the affected taxing entities concerning the proposed Amendment No. 1 . A City Council public hearing on Amendment No. 1 will be scheduled for August 7, 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 Amendment No. 1 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 amending the Urban Renewal Plan for the Derby Grange Road Housing Urban Renewal Area. The proposed Amendment No. 1 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 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 7th day of August, 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 an Amendment No. 1 ("Amendment') to the Urban Renewal Plan ("Plan") for the Derby Grange Road Housing Urban Renewal Area ("Area"). Amendment No. 1 is proposed to help local officials promote housing and residential development in the City of Dubuque ("City"). The primary goal of Amendment No. 1 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). Amendment No. 1 , 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, as amended. The original 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 to be added by this Amendment ("Amendment No. 1 Area") is legally described as follows: A strip of land 50.00 feet in width whose centerline is described as follows: Commencing at the Southwest corner of Lot 1 of Tscharner Place No. 4, Section 9, Township 89 North, Range 2 East of the 5th P.M., Dubuque County, Iowa; Thence North 00 Degrees 55 Minutes 45 Seconds West along the West line of said Lot 1 a distance of 25.00 feet to the point of beginning; Thence South 88 Degrees 00 Minutes 01 Seconds West a distance of 200.63 feet; Thence South 01 Degrees 03 Minutes 21 Seconds East a distance of 97.01 feet; Thence South 60 Degrees 59 Minutes 43 Seconds West a distance of 401.59 feet; Thence South 53 Degrees 46 Minutes 39 Seconds West a distance of 278.60 feet; Thence South 54 Degrees 37 Minutes 21 Seconds West a distance of 214.02 feet; Thence South 37 Degrees 45 Minutes 46 Seconds West a distance of 108.27 feet: Thence South 28 Degrees 17 Minutes 41 Seconds West a distance of 185.68 feet; Thence South 47 Degrees 46 Minutes 04 Seconds West a distance of 148.69 feet; Thence South 37 Degrees 01 Minutes 41 Seconds West a distance of 231.99 feet; Thence South 00 Degrees 20 Minutes 49 Seconds West a distance of 114.56 feet; Thence South 55 Degrees 51 Minutes 22 Seconds West a distance of 150.55 feet; Thence South 86 Degrees 48 Minutes 12 Seconds West a distance of 355.39 feet; Thence South 61 Degrees 10 Minutes 55 Seconds West a distance of 57.81 feet; Thence South 61 Degrees 10 Minutes 55 Seconds West a distance of 48.25 feet; Thence South 44 Degrees 12 Minutes 18 Seconds West a distance of 140.12 feet; Thence South 61 Degrees 22 Minutes 52 Seconds West a distance of 197.86 feet; Thence South 84 Degrees 11 Minutes 43 Seconds West a distance of 54.83 feet to a point on the East line of Easement "B" as shown on Exhibit A of Instrument Number 2008-00016144 in the Recorder's Office of Dubuque County, Iowa, and the point of termination. Under the Plan, as amended, 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 Amendment 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 5th day of July, 2017. Kevin S. Firnstahl, CMC City Clerk RESOLUTION NO. 248-17 RESOLUTION OF NECESSITY FINDING THAT CERTAIN PROPERTY 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 AMENDMENT NO. 1 TO THE URBAN RENEWAL PLAN WHEREAS, by Resolution No. 133-17 adopted April 3, 2017, and Resolution No. 133- 17-A adopted April 17, 2017, the City Council of the City of Dubuque found and determined that certain areas located within the City are eligible and should be designated as an urban renewal area under Iowa law, and approved and adopted the Urban Renewal Plan (the "Urban Renewal Plan" or "Plan") for the Derby Grange Road Housing Urban Renewal Area (the "Urban Renewal Area" or "Area") described therein; and WHEREAS, the City Council of the City of Dubuque has determined that the amendment of the 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 (the "Amendment No. 1 Area") 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 Amendment No. 1 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 Urban Renewal Area, as amended, 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 the Urban Renewal Area, as amended, 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 Amendment No. 1 to the Urban Renewal Plan for the 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 Amendment No. 1 to the Urban Renewal Plan for the Urban Renewal Area to be held on the 7th day of August, 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 Amendment No. 1 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 Amendment No. 1 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 5th day of July, 2 ATTEST: Roy D. Buol, Mayor 7.5 irnstahl, City Clerk