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Derby Grange Road Housing Urban Renewal Area Plan Amendment No. 1 Copyrighted August 7, 2017 City of Dubuque Public Hearings # 1. ITEM TITLE: Derby Grange Road Housing Urban Renewal Area Plan Amendment No. 1 SUMMARY: Proof of publication on notice of public hearing to consider approval of Amendment No. 1 to the Urban Renewal Plan for the Derby Grange Road Housing Urban Renewal Area that adds additional land to the Area and confirms the list of proposed projects to be undertaken in the Area, and the City Manager recommending approval. RESOLUTION Approving Amendment No. 1 to the Urban Renewal Plan for the Derby Grange Road Housing Urban Renewal Area SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Derby Grange Road Housing Urban Renewal Area City Manager Memo Amendment 1-MVM Memo Staff Memo Staff Memo Amendment No. 1 Supporting Documentation Amendment to County Joint Agreement Supporting Documentation Agricultural Consent Supporting Documentation Taxing Body Consultation Minutes Supporting Documentation LRPAC recommendation Supporting Documentation Resolution of Adoption Resolutions Proof of Publication Supporting Documentation THE COF Dubuque DtUB E All-America City Masterpiece on the Mississippi 1 1 1 1" 2009•2012•2013•2019 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Amendment No. 1 to the Urban Renewal Plan for the Derby Grange Road Housing Urban Renewal Area DATE: August 1, 2017 Economic Development Director Maurice Jones recommends City Council approval of Amendment No. 1 to the Urban Renewal Plan for the Derby Grange Road Housing Urban Renewal Area. The primary goal of Amendment No. 1 is to add additional land to the Area and confirm the list of proposed projects to be undertaken 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 have also been gathered from the appropriate land owners in order to include agricultural land in the Area. I concur with the recommendation and respectfully request Mayor and City Council approval. 4yL-'t^1 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-America City Dubuque,Iowa 52001-4864 DUB3 E1 ' 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: Amendment No. 1 to the Urban Renewal Plan for the Derby Grange Road Housing Urban Renewal Area DATE: July 31, 2017 INTRODUCTION The purpose of this memorandum is to forward for City Council review and approval Amendment No. 1 to the Urban Renewal Plan (Amendment No. 1) for the Derby Grange Road Housing Urban Renewal Area (Area). BACKGROUND By Resolution 248-17 on July 5, 2017) City Council adopted a resolution of necessity, directing staff to amend the Plan related to housing and residential development. Staff has prepared Amendment No. 1 to the Plan for the Area per the directive of the City Council. 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 add additional land to the Area and confirm the list of proposed projects to be undertaken 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 have also been 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. A consultation process was conducted with the affected taxing entities as required by Chapter 403 of the Iowa Code. Prior to the meeting, the taxing entities were mailed copies of Amendment No. 1 and the Notice of Public Hearing. The required consultation to discuss, question, or object to the findings in these documents was held on July 17, 2017. There were no representatives from the taxing entities in attendance. Minutes are attached. Amendment No. 1 was reviewed by the Long Range Planning Advisory Commission on July 19, 2017. The Long Range Planning Advisory Commission has forwarded its recommendation to the City Council affirming that Amendment No. 1 is consistent with the City's Comprehensive Plan for development. The notice of public hearing was published on July 21 , 2017 in accordance with publication requirements. RECOMMENDATION/ ACTION STEP I recommend that following the public hearing, the attached resolution adopting Amendment No. 1 to the Urban Renewal Plan for the Derby Grange Road Housing Urban Renewal Area be approved to support reinvestment efforts in the Area and for LMI residents in our community. Prepared Bv: Jill Connors, ED Citv of Dubuaue 50 W. 13th St. Dubuque, IA 52001 (563) 589-4393 Return To: Kevin Firnstahl, City Clerk City of Dubuque 50 W. 13th St. Dubuque, IA 52001 (563) 589-4121 RESOLUTION NO. 282-17 APPROVING AMENDMENT NO. 1 TO THE URBAN RENEWAL PLAN FOR THE DERBY GRANGE ROAD HOUSING URBAN RENEWAL AREA 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, by Resolution 248-17 approved on July 5, 2017, the City Council of the City of Dubuque, Iowa authorized the preparation of Amendment No. 1 to the Urban Renewal Plan (the "Amendment No. 1") for the Area; and Whereas, the City of Dubuque's primary objective for Amendment No. 1 is to add additional land to the Area and confirm the list of proposed projects to be undertaken within the Area; and Whereas, a consultation process has been undertaken with affected taxing entities in accordance with Chapter 403 of the Code of Iowa with no written objections or recommended changes to Amendment No. 1 received; and Whereas, City code requires the City Council to submit the proposed Amendment No. 1 to the City's Long Range Planning Commission for review and recommendation as to its conformity with the general plan for development of the City as a whole, prior to City Council approval thereof; and Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has held a public hearing on the proposed Amendment No. 1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Amendment No. 1 is hereby approved; although relocation is not expected, that a feasible method exists for the location of any families who will be displaced from the Area into decent, safe and sanitary dwelling accommodations within their means and without undue hardship to such families; and that Amendment No. 1 conforms to the general plan of the City as a whole. Section 2. That the Area is an economic development area within the meaning of Iowa Code Chapter 403; that such area is eligible for designation as an urban renewal area and otherwise meets all requisites under the provisions of Chapter 403 of the Code of Iowa; and that the rehabilitation, conservation, redevelopment, development, or a combination thereof, of such area is necessary in the interest of the public health, safety or welfare of the residents of this City. Section 3. That, notwithstanding any resolution, ordinance, plan, amendment or any other document, this Amendment No. 1 shall be in full force and effect from the date of this Resolution until the Council amends or repeals this Amendment No. 1. Section 4. That the City Clerk of the City of Dubuque, Iowa is hereby authorized and directed to file a certified copy of this Resolution and Amendment No. 1 in the office of the Dubuque County Auditor. Passed, approved and adopted this 7th day of August, 2017., Attest: Kevin . Firnstahl, City Clerk zu... l Roy D. Buol, Mayor AMENDMENT NO. 1 TO URBAN RENEWAL PLAN Derby Grange Road Housing Urban Renewal Area City of Dubuque, Iowa Prepared by the Economic Development Department. Urban Renewal Plan - April 2017 Amendment No. 1 - August 2017 - 1 - TABLE OF CONTENTS A. INTRODUCTION B. DESCRIPTION OF THE URBAN RENEWAL AREA C. AREA DESIGNATION D. BASE VALUE E. DEVELOPMENT PLAN F. RESIDENTIAL DEVELOPMENT G. AREA OBJECTIVES H. TYPE OF RENEWAL ACTIVITIES I. PROPOSED PROJECTS J. FINANCIAL DATA K. URBAN RENEWAL FINANCING L. PROPERTY ACQUISITION/DISPOSITION M. RELOCATION N. STATE AND LOCAL REQUIREMENTS O. SEVERABILITY P. URBAN RENEWAL PLAN AMENDENTS Q. EFFECTIVE PERIOD R. PROPERTY WITHIN URBAN REVITALIZATION AREA S. JOINT CITY/COUNTY AGREEMENT ATTACHMENTS A. LEGAL DESCRIPTION B. MAP OF AMENDMENT NO. 1 AREA C. MAP OF URBAN RENEWAL AREA, AS AMENDED D. JOINT CITY/COUNTY AGREEMENT -z- A. INTRODUCTION The Urban Renewal Plan ("Urban Renewal Plan") for the Derby Grange Road Housing Urban Renewal Area ("Urban Renewal Area"), adopted in April 2017, is being amended to add additional land to the Urban Renewal Area and confirm the list of proposed projects to be undertaken within the Urban Renewal Area by this Amendment No. 1 ("Amendment No. 1"). The material changes by this Amendment No. 1 include the following: 1 . Addition of land. See Exhibit A for legal description of the original Urban Renewal Area and area being added by this Amendment No. 1 . 2. New maps. See Exhibit B for a map showing the area being added by this Amendment and Exhibit C for a map showing the original Urban Renewal Area and the area being added by this Amendment No. 1 . 3. Addition of Eligible Urban Renewal Projects. See Page 4. 4. Updating Financial Data. See Page 5. Except as modified by this Amendment No. 1 , the provisions of the Urban Renewal Plan are hereby ratified, confirmed, and approved and shall remain in full force and effect as provided herein. In case of any conflict or uncertainty, the terms of this Amendment No. 1 shall control. Any subsections not mentioned in this Amendment No. 1 shall continue to apply to the Urban Renewal Plan. B. DESCRIPTION OF THE URBAN RENEWAL AREA The legal description of each subarea is set out in Exhibit A. A depiction of the area being added by this Amendment No. 1 is set out in Exhibit B and a depiction of each subarea is set out in Exhibit C. C. AREA DESIGNATION The original Urban Renewal Area was designated as appropriate for an economic development area that is appropriate for the provision of public improvements related to housing and residential development. The Urban Renewal Area, as amended, continues to be appropriate for an economic development area that is appropriate for the provision of public improvements related to housing and residential development. D. BASE VALUE The original Urban Renewal Area and each amendment area are referred to as "subareas" in this Amendment No. 1 . The property added by this Amendment No. 1 is called the "Amendment No. 1 Area." The subareas make up the total Urban Renewal Area. The base valuation of the original Urban Renewal Area will remain unchanged by this Amendment No. 1 . E. DEVELOPMENT PLAN -3 - The City Council has approved a general plan for the physical development of the City as a whole, outlined in the 2012 City of Dubuque Comprehensive Plan that was adopted by the City Council on February 6, 2012. The goals, objectives, and projects in the Urban Renewal Plan, as amended are in conformity with the City's Comprehensive Plan. The Derby Grange Road Housing Urban Renewal Area is subject to zoning ordinances adopted by the City and County of Dubuque, and includes the following zoning classifications: County A-1 and County R-1 , and City R-1 and City R-2. This Urban Renewal Plan does not in any way replace the City's current land use planning or zoning regulation process. The need for improved traffic, public transportation, public utilities, recreational and community facilities, or other public improvements within the Urban Renewal Area is set forth in this Urban Renewal Plan, as amended. As the Urban Renewal Area develops, the need for public infrastructure extensions and upgrades will be evaluated and planned for by the City. F. RESIDENTIAL DEVELOPMENT No changes are made by this Amendment No. 1 . G. AREA OBJECTIVES No changes are made by this Amendment No. 1 . H. TYPE OF RENEWAL ACTIVITIES No changes are made by this Amendment No. 1 . I. PROPOSED URBAN RENEWAL PROJECT (Amendment No. 1) 1 . Public Improvements. This project will include the installation of 1 ,012 Linear Feet of 12" gravity Sanitary Sewer Main and 2,025 Linear Feet of 8" gravity Sanitary Sewer Main from the existing sanitary sewer lift station at the north end of Asbury Plaza subdivision to Derby Grange Road, approximately 1 ,300 feet west of its intersection with JFK Road. The sanitary sewer main extension will service an area of approximately 288 acres along JFK Road and Derby Grange Road including Rustic Point Estates Subdivision. -4- J. FINANCIAL DATA 1 . July 1 , 2017, Constitutional debt limit: $207,174,109. 2. Outstanding general obligation debt: $146,234,391 . 3. Proposed amount of indebtedness to be incurred: A specific amount of indebtedness to be incurred for the Proposed Projects has not yet been determined. This document is for planning purposes only. The estimated project costs in this Amendment No. 1 are estimates only and will be incurred and spent over a number of years. In no event will the City's constitutional debt limit be exceeded. The City Council will consider each project proposal on a case-by- case basis to determine if it is in the City's best interest to participate before approving an urban renewal project or expense. If is further expected that such indebtedness, including interest on the same, may be financed in whole or in part with tax increment revenues from the Urban Renewal Area. Subject to the foregoing, it is estimated that the cost of the Proposed Projects as described above will be approximately $926,000. K. URBAN RENEWAL FINANCING No changes are made by this Amendment No. 1 . L. PROPERTY ACQUISITION/DISPOSITION No change is made by this Amendment No. 1 . M. RELOCATION No change is made by this Amendment No. 1 . N. STATE AND LOCAL REQUIREMENTS No change is made by this Amendment No. 1 . O. SEVERABILITY No change is made by this Amendment No. 1 . P. URBAN RENEWAL PLAN AMENDMENTS No change is made by this Amendment No. 1 . Q. EFFECTIVE PERIOD -5 - This Amendment No. 1 will become effective upon its adoption by the City Council. Notwithstanding anything to the contrary in the Urban Renewal Plan, any prior amendment, resolution, or document the Urban Renewal Plan, as amended, shall remain in effect until terminated by the City Council, and the use of incremental property tax revenues, or the "division of revenue," as those words are used in Chapter 403 of the Code of Iowa, will be consistent with Chapter 403 of the Iowa Code. The division of revenues shall continue on the Urban Renewal Area, including all subareas, for the maximum period allowed by law. At all times, the use of tax increment financing revenues (including the amount of loans, advances, indebtedness or bonds which qualify for payment from the division of revenue provided in Section 403.19 of the Code of Iowa) by the City for activities carried out under the Urban Renewal Plan shall be limited as deemed appropriate by the City Council and consistent with all applicable provisions of law. R. PROPERTY WITHIN URBAN REVITALIZATION AREA No change is made by this Amendment No. 1 . S. JOINT CITY/COUNTY AGREEMENT In accordance with Section 403.17(4) of the Code of Iowa, a City may exercise urban renewal powers with respect to property which is located outside but within two (2) miles of the boundary of a City only if the City obtains the consent of the County within which such property is located. A Joint Agreement, which gives the City permission to include property outside the City limits in the Amendment No. 1 Area, has been executed by the City and Dubuque County. A form of the Joint Agreement is attached as Exhibit D. The original is on file at City Hall. -6- EXHIBIT A Legal Descriptions Original Urban Renewal Area 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 51h 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 51h 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 '/d of the Southwest '/d of Section 9, Township 89 North, Range 2 East of the 5'h 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 '/d of the Southwest '/d of Section 9, T89N, R2E of the 51h P.M., 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 5'h 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 1s' 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 5'h 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 5'h P.M., except 10 feet on the East side of said 20 acres of land reserved for a private roadway, in Dubuque County, Iowa). -7- Amendment No. 1 Area 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. - 8 - � . ti §�� — � .: � t•� � `� � ' !) _ •� R \ r Tl' { ��' yl e F �\ 4.�� �. 4 , '{ �• i� 3 � ti M - � � r � y� � t,Ir;. a ��L�A - 4/ ��11 .: 7 E7 v > 4 } RESOLUTION NUMBER APPROVE AMENDMENT TO JOINT AGREEMENT WITH CITY OF DUBUQUE TO AMEND 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 an Amendment to the Joint Agreement with the City of Dubuque to modify the area included in 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 Amendment to the Joint Agreement and has determined to consent to the amendment 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 Amendment to the Joint Agreement with the City of Dubuque to amend 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). PASSED, APPROVED, AND ADOPTED this day of-7-7,-vve, , 2017. DUBUQUE COUNTY, IOWA By: ATTEST: By: Jay Ikham, Chairperson Board of Supervisors J Mary 1-4ib1, Deputy County Auditor AMENDMENT TO THE JOINT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND DUBUQUE COUNTY, IOWA WHEREAS, the City Council of the City of Dubuque, Iowa (the City) has created 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) reviewed and approved the inclusion of property within two (2) miles, but outside of the corporate limits of the City of Dubuque; and WHEREAS, the District currently includes the area as shown on Exhibit A; and WHEREAS, the City desires to amend the area included in the District to include the area shown on Exhibit B; and WHEREAS, because the area to be added to the District 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 amend the Derby Grange Road Housing Urban Renewal Area to include the real property shown in the attached Exhibit B, 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 ickham, Chairperson Dub que County Board of Supervisors ATTEST: By: Maabet, Deputy County Auditor STATE OF IOWA ss COUNTY OF DUBUQUE ) On this Zipday of . thL-- , 2017, before me a Notary Public in and for the State of Iowa, personally appeared .1-t_t O,,co/14m--) and 11/14.,r6, , to me personally known, who beircb duly sworn did say that they a4lthe Chairperson of the Board of Supervisors and Deputy 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. nrnla8lori taumb 151og 1 14y , °lig �) Cai;rrnisslon <=xplroe_, . e( -e -a -A.-- Notary Public in and for Dubuque County, Iowa CITY OF DUBUQ E, IOWA By: (0 Leif Roy D. Bu , Mayor ATTEST: By: V Kevi ` irnstahl,-Cry Clerk STATE OF IOWA ) COUNTY OF DUBUQUE ) ss On this °i day of , , 2017, befen fe me a Notary Public in and for said Cow -4y, personall I appeared *ria 1 ELCO and ,Vin 6 r ( to me personally known, who berg 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 e the free act and deed of said Municipal Corporation by it voluntarily executed. f PAMELA J. McCARRON Notary P'ublic in and f r,,6ubuque County, Iowa Commission Number 772419 My Comm. Exp, !� Zt2lf ♦ Ur_ y t— AN r s` x c %, 1 � � •tea ♦,`� �� � �B' 1Cyit p a�� _,tet '��. , !'^'•�' 1� •-. '+��.1J.rf�r.: �R�� r t'�'+♦.. '��s ���'� �.. �,r..� Sf.!4-ya gr t�`.�"� T'�`.,�• �"./.-� � - }'.•r'"'. .. �- � ?� -- .:1 � _yam i' ✓. '�.; ?. y: .�� t •� t�� 'fi�tv F _. ilk, - 1 , �•t Car =t�•-r��f i .� �� ��? - ,� �` •�.` ." , � --� .". •S.� �l+~- ("•r '` _ ,.Y• i'.!t 6 `, ��<'�r0 /TXr� ��� =a .� J c 's:.. Y T• '' � > 7Y �: �'.Y-r_y -� �`� a{^'�� X �.rt rte." - � � �� ' e.. •r , s � f3- al,�. � •y�.� �,♦ ms` s.. it t ♦ ,I_. � �-� '�► - "':.. T� '1H � �► a t 10 i g lvi If .4>tr�. r �•' �*t'F•y +�Y'?'"'1 fz `�- ,`- V- r, }'=� I��� rti r •, .. r b wwr Wy1 f wyS, 71 J N. J` re�,�. � { � � `a va .�,� . ►s ►� 3 Tit Y �r.�~ -�#h ,y/� '. i� r. _ - - �•'-S'e 'R__'� r s`�•x `.+' s+'. a•, r�'"yr+� •'!�1*,)J r*� �� .►-1�y �,5 i / � _ � .p eye,ry tf. a, •T% � - ,J`t � ,l '47 n iw • `�� � { .�Y f ."" v.,t. 1. � "` ,�,• -! �„ Rc i t '�`�f.' ' Vii_ i>'� "v"• tr ,, mink-K, • . tea..-A r � R s�a�-y,•rc: • If, 4 .P�, /'+f•l �T' -� G '<� �. ��s.� 1 y i• .� �9 ��.;Fy,�,•Yy lyd. - IV Jk p`� r a .1` a.fia'`�� �fi ��`.!�C I',a r-\• r,t�� •'r 1�-� „_; tC. ACT arx y: ow IR �. •rte +� .�F �-.: ' _I°t� __,�+••+ �. � } y* r� ...fie. -�F•. 3 ,,.t`• �y' ��r::- -•.� .* — A � - -fit d .,•' �•� - " G � , �t �K....� � -y�'. Y``/ aha.,��r. ,a�•'✓r _t .c:...r:may �. .�.t c � j a � 1 \•€.,;��-fir �Ya sc.. ;. f Y �� "�L �,;�FE,�; yam, T� AGREEMENT TO INCLUDE AGRICULTURAL LAND IN AN URBAN RENEWAL AREA This Agreement is made and entered into by and between the City of Dubuque, Iowa (hereinafter called "City"), and the undersigned property owners (hereinafter called "Property Owners") in the proposed expansion of the urban renewal area for the Derby Grange Road Housing Urban Renewal Area. WITNESSETH: WHEREAS, the City proposes to adopt an Urban Renewal Plan under Iowa Code Chapter 403 and proceed with activities authorized under that Chapter in the area described as the Derby Grange Road Housing Urban Renewal Area, including but not limited to the division of revenue under Iowa Code Section 403.19; and WHEREAS, a description or map of the property to be included within the proposed Derby Grange Road Housing Urban Renewal Area is attached hereto as Exhibit A and made a part hereof; and WHEREAS, the undersigned Property Owner(s) own "agricultural land" within said proposed urban renewal area, as that term is defined in Iowa Code Section 403.17(3). NOW, THEREFORE, be it agreed among the parties hereto as follows: 1. The undersigned Property Owners agree that the City may include real property owned by the undersigned Property Owners identified in the attached Exhibit A, in the proposed Derby Grange Road Housing Urban Renewal Area, including any portions which maybe defined as "agricultural land" under the provisions of Iowa Code 403.17(3). 2. The undersigned Property Owners further authorize the City Council of the City to pass any resolution or ordinance necessary to designate said property as an urban renewal area under Iowa Code Chapter 403. Dated this 7th day of August, 2017. Attest: Kevin(S. Firnstahr, City Clerk 1 CITY OF DUB,I QUE, IOWA Roy D. Buol,payor Address: 12679 Kennedy Road, Dubuque, IA 52002 Parcel Number(s): 1009351002, 1009376001 , 1009376002, 1009351001, 1016101001 Owner's Name: Marlene L. Brimeyer By: Date: J Witness: 49WIu46 A OeMu3MLL SAIM k: � C�1RiFP1E60t� 2 Address: 13102 Derby Grange Road Dubuque IA 52002 Parcel Numbers): 1008476001 Owner's Name: Eilieen C.Coates �v By: V���d�r Cm Date_ �c C� 0 Witness: 2 18 a MINUTES I 1 1 CONSULTATION WITH AFFECTED TAXING BODIES for the following URBAN RENEWAL PLAN: • Derby Grange Road Housing Urban Renewal Area - Amendment No. 1 { i Monday, July 17, 2017 at 9:00 a.m. City Hall, Conference Room B, Second Floor 50 W. 13th Street 1. i Dubuque, Iowa 52001 Tax Entity Consultation for the Derby Grange Road Housing Urban Renewal Area Meeting commenced at 9:00 a.m. No representatives from Dubuque County, Northeast Iowa Community College, or the Dubuque Community School District elected to attend the meeting. Meeting was adjourned 9:20 a.m. Jill Connors Economic Development Project Coordinator, City of Dubuque I Dubuque Planning Services Department THE CITY OF City Hall-50 West 13t"Street All-America City Dubuque,IA 52001-4805 1 ' (563)589-4210 phone DUBo FE I I (563)589-4221 fax (563)690-6678 TDD Masterpiece on the Mississippi zoos•zoiz*2013 planning@cityofdubuque.org July 31, 2017 The Honorable Mayor and City Council City of Dubuque 50 W.13 th Street Dubuque, IA 52001 SUBJECT: Amendment of the Derby Grange Road Housing Urban Renewal Area Plan Dear Mayor and City Council Members: Introduction The Long Range Planning Advisory Commission has reviewed the proposed amendment of the Derby Grange Road Housing Urban Renewal Area Plan for consistency with the Dubuque Comprehensive Plan in accordance with Section 15-2- 13(G) of the City Code. Discussion Jill Connors, Economic Development Coordinator, reviewed the amendment of the Derby Grange Road Housing Urban Renewal Area Plan will help the City pay to extend sanitary sewer infrastructure to service future development in the plan area. The Commission discussed the project, and felt it was appropriate. Recommendation By a vote of 6 to 0, the Commission recommends the amendment of the Derby Grange Road Housing Urban Renewal Area Plan, as it is consistent with the 2012 Dubuque Comprehensive Plan. Respectfully submitted, Mark Dolson, Chairperson Long Range Planning Advisory Commission cc: Maurice Jones, Economic Development Director Service People Integrity Responsibility Innovation Teamwork STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, 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: July 21, 2017, and for which the charge is $65.34. f Subscribed to before m otary Public in and for Dubuque County, Iowa, this day of, , 20 17 i Notary Public in and for Dubuque County, Iowa. 'Pm.� MARY K WESTERMEYER Commission Number 154865 a My commission Exp.Feb.1,2020 Thence ,South 60r Degrees 59 Minutes 43 CITY,,'OF DUBUQUE, seconds West a dis property owner of said IOWA tance of 401.59 feet; FICIAL NOTICE Thence South 53 City to the above /City UBLIC NOTICE is Degrees 46 Minutes 39 action. Written com- y given#hat the Seconds West a ments regarding the. -Council of the City distance Of 278.60 feet; proposed Amendment of Dubuque,lows, will Thence; South 54 , may be submitted-to hold a public hearing Degrees 37 Minutes 21 the City Clerk's Office on 7th day of August, I Seconds West a on or b fore said time 2017,at 6:00 p.m., in distance of 214.02 feet; of public hearing, the Historic Federal I Thence South 37Copies of supporting Building, City Council Degrees 45 Minutes 46 documents for the Chambers (Second Seconds public he Cig;are.'on' Floor), 350 West 6th' distance of i0&27 feeta file m the City Clerk's Street, Dubuque,Iowa, j Thence South 28 Office, 50 W. 13th at which meeting the Degrees i7 Minutes 41 Street, and gmay be viewed during normal City" ` Council' will Seconds Westa working hours. consider an,", Arbend ;j d stance of 185 68 feet; IAny visual or hearing merit No 1 ("Amend Thence"South '47"i impairedpersons need ment'.,)p to the l�rban Degrees 46"Minutes 04 ing special. assistance Ren'evUal�'I�)an'Y'flan'),! Seconds West a! or persons with special for the Derby Grange J distance of 148.69-feet; accessibility needs, ,Road HousingUrban.i Thence South 37 should contact the';City'' Renewal Area("Area"j., ! Degrees,01"Minutes 41 Clerk's Office at (563) Amendment No. i is,I Seconds r :Wesf` a 589-4100>or TTY'(563) proposed to help local ! distance of 231.99 feet; 690-6678 at TY ( 3) officials promote h"bus- ' Thence "South 00 hours "prior to least the., ing and residential„ Degrees`2,0 Mind tes"49 J meeting. development in the Seconds West " a City, of Dubuque distance of 114.56 feet; Published by order of ('City") "The primary 1, Thence "South 55 the City Council given on the'5th day of July goal of;Amendment No. ` Degrees i51 Minutes 22 ,I Seconds West a 2017. 1 distance of 150.55 feet; I Kevin S.Firnstahl, is to stimulate, through public involve- Thence South 86 It 7/21 CMC,City Clerk „Degrees 48 Min went and commitment Seconds ,.y1/egA� ti — private investment m r<gWAUQ of 355�get• new housing and, The'hde Shu 6 residential develop Wegrees 10mutes 5 ment as definetl by the fz z�co}tds Test a Iowa ;Code Sections �`a}stanCeQ{a7$tfieet 403.17(12): Amendment r._; Thence South"61 k No. 1 if approved, 'Degree"s"t0'"Minute5 55 would";include public , Seconds West a improvements related distance of 48.25 feet; to housing and resi- dential development Thence" South 44 within public rights-of- Degrees i2 Minutes`18 1, Wal and Seconds West a act)sties that maysect b distance of 140.12 feet;-I Thence South 61 undertaken in order to Degrees 22 Minutes 52 achieve the objectives Seconds West a amended.the Plan,.` as distance of 197.86 feet; Thence South 84 The ,original Area Degrees it Minutes 43 generally includes an Seconds area known 'as the a distance:;pf,West West feet I ' Rustic Point Estatesto�a point-on the East and "Timber Ridge, line Of Easement Estates and some as shown on,Exhibit A'as adjoining public ri ht- of-wa g Instrument Number y,generally alongi 2008-00016144 in the Portions of Kennedy i Recorder's J`Office of Road and ` Derby1 Dubuque-County,,lowa, Grange'Road. The area and the point to be add p of added by this : termination. Amendment ("Amend- went No. 1 Area" Under the Plan, as) is amended, ;it is 'ex- legally described as pectetl that-a portion follows: �of- the�available 'tax str A ip of land 50.00 nt"incremerevenues feet in `width .whose centerline is described generated within the as follows:. Area, equal;in amount Commencing at the to at least 38.1%of the expected project costs, i Southwest Corner of are Jo be Lot 1 of Tscharner used for Place No. 4, Section 9purposes Of providing Township 89 North: assistance to low.and Range 2 East of the 5th moderate income Nous P.M„ Dubuque County, ing'in the community Iowa; at large. t Thence North 00 At 'the above meeting, Degrees he City Council will 55 Minutes 45 Seconds West alon receive oral sand writ- g ' the West line of ten comments from- said any "resident Lots ,1` a distance of or 25:00 feet to the point of beginning; Thence South 88 Degrees 00 Minutes,ol i Seconds West a dis- I tante bf 200.63 feet:' Thence South Oi,I Degrees 03 Minutes 21 Seconds. ,East a distance of 9701 feet;; s I 3