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Urban Renewal Tax Increment Revenue Notes_40 Main, LLCTHE CITY OF ~ Dubuque -~.,, ~T TR ~ A~-AmedcaCitlr ~.,+ L 1 Masterpiece on the Mississippi 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Resolution approving and authorizing a loan agreement and issuance of Urban Renewal Tax Increment Revenue Notes to Support the 40 Main, LLC Project DATE: June 9, 2009 Economic Development Director Dave Heiar recommends City Council approval of a resolution authorizing a form of loan agreement and authorizing and providing for the issuance of not to exceed $700,000 in Urban Renewal Tax Increment Revenue Notes to support the 40 Main LLC., amixed-use redevelopment of the building at 40 Main Street. I concur with the recommendation and respectfully request Mayor and City Council approval. Mi hael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager David Heiar, Economic Development Director THE CITY OF Dubuque ~T T~ ~ All-Amedcal~ly ~/ Masterpiece an the Mississippi 2007 TO: Michael Van Milligen, City Manager FROM: David Heiar, Economic Development Director SUBJECT: Resolution approving and authorizing a loan agreement and issuance of Urban Renewal Tax Increment Revenue Notes to Support the 40 Main, LLC project. DATE: June 9, 2009 INTRODUCTION This memorandum presents for City Council adoption a resolution approving and authorizing a form of loan agreement and authorizing and approving the issuance of not to exceed $700,000 in Urban Renewal Tax Increment Revenue Notes to support the 40 Main LLC., a mixed use redevelopment of the building at 40 Main Street. DISCUSSION On January 15, 2009, the City Council approved a Development Agreement with 40 Main LLC. That Agreement set the terms for the redevelopment of property located at 40 Main Street. The Agreement stipulates the City will provide an Economic Development Grant and loan to 40 Main, LLC in an amount estimated at $600,000 (half loan, half grant). The City's intention is to use the Tax Increment revenues from the 40 Main rehabilitation project to retire debt on the Urban Renewal Tax Increment Revenue Note, which is being used as the tool to provide the Economic Development Grant and Loan to the Company. 40 Main, LLC asked Premier Bank to purchase the revenue notes. The note sale will be for $700,000. This amount will be decreased for administrative costs and to cover advanced interest needed to finance this loan until property taxes are collected for this newly constructed facility, with the net proceeds ($600,000) going to 40 Main, LLC. On June 1, 2009, the City Council set a public hearing for June 15th on the proposed issuance of not to exceed $700,000 in order to provide funds to pay the costs of an urban renewal project in the Greater Downtown Urban Renewal District, specifically funding an economic development grant and loan to the 40 Main, LLC. 40 Main, LLC negotiated the purchase of the bonds with Premier Bank at an annual interest rate of 6.5%. The City has required that the Company execute a Minimum Assessment Agreement, and the City pledges only the taxes generated from the new value of the project. There is no City Guarantee involved. RECOMMENDATION/ACTION STEP I recommend that the City Council follow the proceedings attached, provided to us by our bond counsel, and approve a resolution authorizing a form of loan agreement and authorizing and providing for the issuance of up to $700,000 in Urban Renewal Tax Increment Revenue Notes. Attachment 6/8/2009 5:00:00 PM (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Dubuque, Iowa. Date of Meeting: June 15, 2009. Time of Meeting: 6:30 o'clock P.M. Place of Meeting: Historic Federal Building, 350 West 6th Street, Dubuque, Iowa PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for said meeting is as follows: Not to exceed $700,000 Urban Renewal Tax Increment Revenue Notes. X Public hearing on the issuance. X Resolution instituting proceedings to take additional action. Such additional matters as are set forth on the additional 10 page(s) attached hereto. (number) This notice is given at the direction of the Mayor pursuant to Chapter 21, Code of Iowa, and the local rules of said governmental body. City Clerk, Dubuque, Iowa _1_ June 16, 2009 The City Council of Dubuque, Iowa, met in regular session, in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, at 6:30 o'clock P.M., on the above date. There were present Mayor Pro-Tem Joyce E. Connors in the chair, and the following named Council Members: Karla Braig, Ric Jones, Kevin Lynch, David Resnick, Dirk Voetberg Absent: Mayor Roy Buol ******* _2_ The Mayor Pro-Tem announced that this was the time and place for the public hearing and meeting on the matter of the issuance of not to exceed $700,000 Urban Renewal Tax Increment Revenue Notes in order 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 economic development grants and loans to 40 Main, LLC, an Iowa limited liability company, under the terms of a Development Agreement dated January 15, 2009 between the City of Dubuque, Iowa and 40 Main, LLC, and that notice of the proposed action by the Council to institute proceedings for the issuance of said Urban Renewal Tax Increment Revenue Notes had been published pursuant to-the provisions of Section 403.9 of the Code of Iowa. The Mayor then asked the Clerk whether any written objections had been filed by any City resident or property owner to the issuance of said Urban Renewal Tax Increment Revenue Notes. The Clerk advised the Mayor and the Council that no written objections had been filed. The Mayor then called for oral objections to the issuance of said Urban Renewal Tax Increment Revenue Notes and none were made. Whereupon, the Mayor declared the time for receiving oral and written objections to be closed. (Attach here a summary of objections received or made, if any) -3- The Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member Lynch introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $700,000 URBAN RENEWAL TAX INCREMENT REVENUE NOTES," and moved its adoption. Council Member Resnick seconded the motion to adopt. The roll was called and the vote was, AYES: Braig, Connors, Jones, Lynch, Resnick, Voetberg NAYS: None Whereupon, the Mayor declared said Resolution duly adopted as follows: RESOLUTION NO. 204-09 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $700,000 URBAN RENEWAL TAX INCREMENT REVENUE NOTES WHEREAS, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $700,000 Urban Renewal Tax Increment Revenue Notes for the purpose of 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 economic development grants and loans to 40 Main, LLC, an Iowa limited liability company, under the terms of a Development Agreement dated January 15, 2009 between the City of Dubuque, Iowa and 40 Main, LLC, and has considered the extent of objections received from residents or property owners as to said proposed issuance; and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council does hereby institute proceedings and takes additional action for the sale and issuance in the manner required by law of not to _q._ exceed $700,000 Urban Renewal Tax Increment Revenue Notes for the foregoing purpose. Section 2. The Finance Officer is authorized and directed to proceed on behalf of the City with the sale of said Notes, to select a date for the sale thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and this Council and otherwise to take all action necessary to permit the sale of said Notes on a basis favorable to the City and acceptable to the Council. PASSED AND APPROVED this 15t" day of June, 2009. Mayor ATTEST: ~.rF,~/ ~ ..~ ity Clerk _5® CI®3 9/91 CERTIFICATE STATE OF IOWA ) SS COUNTY OF DUBUQUE ) I, the undersigned City Clerk of Dubuque, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. 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