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1 15 09 City Council Proceedings Official_Special CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS OFFICIAL The Dubuque City Council met in special session at 5:45 p.m. on January 15, 2009 in the Historic Federal Building. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg, City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of discussing such matters which may properly come before the City Council. ITEMS TO BE SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Connors. Motion carried 7-0. International Business Machines Corporation: City Manager recommending that a public hearing be set for January 26, 2009 on a proposed Development Agreement between the City and Dubuque Initiatives and a proposed Incentive Agreement between the City and International Business Machines Corporation. Upon motion the documents were received and filed and Resolution No. 16-09 Fixing date of hearing on a proposed Development Agreement between the City of Dubuque and Dubuque Initiatives, and a proposed Incentive Agreement between the City and International Business Machines Corporation was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on January 26, 2009 in the Historic Federal Building. RESOLUTION NO. 16-09 FIXING DATE OF HEARING ON A PROPOSED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND DUBUQUE INITIATIVES, AND A PROPOSED INCENTIVE AGREEMENT BETWEEN THE CITY AND INTERNATIONAL BUSINESS MACHINES CORPORATION WHEREAS, the City Council has approved and adopted an Amended and Restated Urban Renewal Plan (the "Urban Renewal Plan") for an area described therein as the Greater Downtown Urban Renewal District (the "Urban Renewal Area"); and WHEREAS, it is desirable that properties within the Urban Renewal Area be redeveloped as part of the overall redevelopment area covered by said Urban Renewal Plan; and WHEREAS, the City of Dubuque ("City") has received a proposal from Dubuque Initiatives (the "Developer") and International Business Machines Corporation (the "Employer"), in the form of a proposed Development Agreement (the "Development Agreement") between the City and the Developer and a proposed Incentive Agreement (the "Incentive Agreement", and together with the Development Agreement, referred to herein as the "Agreements") between the City and the Employer, pursuant to which, among other things, the Developer would acquire and renovate the Dubuque Building located at 700 Locust Street in the City, and lease portions of the same to the Employer; and WHEREAS, the Employer reasonably expects to create approximately 1,300 new full-time employment positions at the Dubuque Building property prior to January 1, 2011, and reasonably expects to maintain those jobs during the term of the Agreements; and WHEREAS, in consideration of the obligations being assumed by the Developer and the Employer, the Agreements further propose that the City provide certain financial assistance to the Developer and the Employer, including a loan guaranty for the benefit of the Developer and the payment of certain economic development grants to the Developer and the Employer; and WHEREAS, the economic development grants to the Developer and the Employer shall be payable from, and only from, the tax increment revenues collected by the City in respect of the Dubuque Building property and the improvements constructed thereon, under the terms and following satisfaction of the conditions set forth in the Agreements; and WHEREAS, Iowa Code Chapters 15A and 403 (the "Urban Renewal Law") authorize cities to make grants for economic development purposes in furtherance of the objectives of an urban renewal plan and project and to appropriate such funds and make such expenditures as may be necessary to carry out the purposes of said Chapter, and to levy taxes and assessments for such purposes; and WHEREAS, the Council has determined that the Agreements are in the best interests of the City and the residents thereof and that the performance by the City of its obligations thereunder are public undertakings and purposes and in furtherance of the Urban Renewal Plan and the Urban Renewal Law and, further, that the Agreements and the City's performance thereunder are in furtherance of appropriate economic development activities and objectives of the City within the meaning of Chapters 403 and 15A of the Iowa Code, taking into account the factors set forth therein; and WHEREAS, the Urban Renewal Law sets forth the procedural action required to be taken before said tax increment payments can be made under the Agreements, and pursuant to Section 403.9 of the Code of Iowa, the Clerk shall publish notice of the proposal and of the time and place of the meeting at which the Council proposes to take action thereon and to receive oral and/or written objections from any resident or property owner of said City to such action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the performance by the City of its obligations under the Agreements, including but not limited to the payment of the economic development grants to the Developer and the Employer under the terms set forth in the Agreements, be and are hereby declared to be public undertakings and purposes and in furtherance of the Urban Renewal Plan and the Urban Renewal Law and, further, that the Agreements and the City's performance thereunder are in furtherance of appropriate economic development activities and objectives of the City within the meaning of Chapters 403 and 15A of the Iowa Code, taking into account the factors set forth therein. Section 2. That this Council meet in the Historic Federal Building, 350 West 6th th Street, Dubuque, Iowa, at 6:30 o'clock P.M., on the 26 day of January, 2009, for the purpose of taking action on the proposal to approve the Agreements and the payment of the economic development grants to the Developer and the Employer, under the terms set forth therein. Section 3. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public meeting. Section 4. The notice of the proposed action shall be in substantially the [provided] form. th Passed and approved this 15 day of January, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Sale of General Obligation Bonds: City Manager recommending that a public hearing be set for January 26, 2009 to consider the issuance of not to exceed $25,000,000 General Obligation Bonds (for Urban Renewal Purposes). Upon motion the documents were received and filed and Resolution No. 17-09 Fixing date for a meeting on the proposition of the issuance of not to exceed $25,000,000 General Obligation Bonds (for Urban Renewal Purposes) of Dubuque, Iowa, and providing for publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on January 26, 2009 in the Historic Federal Building. RESOLUTION NO. 17-09 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $25,000,000 GENERAL OBLIGATION BONDS (FOR URBAN RENEWAL PURPOSES) OF DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, it is deemed necessary and advisable that the City of Dubuque, Iowa, should be authorized to issue General Obligation Bonds to the amount of not to exceed $25,000,000, as authorized by Sections 403.12 and 384.24(3)(q) of the Code of Iowa, for the purpose of providing funds to pay costs of carrying out the urban renewal project as hereinafter described; and WHEREAS, before said Bonds may be issued, it is necessary to comply with the provisions of said Code, and to publish a notice of the proposal to issue such Bonds and of the time and place of the meeting at which the Council proposes to take action for the issuance of the Bonds and to receive oral and/or written objections from any resident or property owner of said City to such action, and the right to petition for an election. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council meet in the Historic Federal Building, 350 West 6th th Street, Dubuque, Iowa, at 6:30 o'clock P.M., on the 26 day of January, 2009, for the purpose of taking action on the matter of the issuance of not to exceed $25,000,000 General Obligation Bonds for urban renewal purposes of said City, the proceeds of which bonds will be used to provide funds to pay costs of aiding in the planning, undertaking and carrying out of urban renewal project activities under the authority of Chapter 403 of the Code of Iowa and the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District, including those costs associated with the funding of any payments required under a Guaranty Agreement between the City and Dubuque Bank & Trust Company, entered into to secure a loan to Dubuque Initiatives for the purpose of acquiring, renovating, and improving the Dubuque Building located at 700 Locust Street, Dubuque, Iowa. Section 2. The Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than ten clear days before the date of said public meeting on the issuance of said Bonds. Section 3. The notice of the proposed action to issue said Bonds shall be in substantially the [provided] form. th Passed and approved this 15 day of January, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk There being no further business, upon motion the City Council adjourned at 5:56 p.m. Jeanne F. Schneider, CMC City Clerk