Amended and Restated Greater Downtown Urban Renewal DistrictTHE CITY OF J,~ Dubuque
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Masterpiece on the Mississippi
2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Resolution of Necessity for an Amended and Restated Urban Renewal
Plan for the Greater Downtown Urban Renewal District
DATE: September 2, 2009
Economic Development Director Dave Heiar recommends City Council approval of a
Resolution of Necessity that finds that the amendment of the Urban Renewal Plan for
the Greater Downtown Urban Renewal District is both necessary and appropriate; and
sets a public hearing on the proposed amendment for October 5, 2009.
The amendment to the Urban Renewal Plan will expand the district to include the Cable
Car area. This amendment will give this area access to the tools and incentives
available to urban renewal district properties, including tax increment financing and the
Downtown Rehabilitation Loan Program.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
David J. Heiar, Economic Development Director
THE CITY OF Dubuque
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Masterpiece on the Mississippi
DATE: September 1, 2009 2007
TO: Michael Van Milligen, City Manager
FROM: David J. Heiar, Economic Development Director ~ )
SUBJECT: Resolution of Necessity for an Amended and Restated Urban
Renewal Plan for the Greater Downtown Urban Renewal District
Introduction
This memorandum presents for City Council consideration a Resolution of Necessity
that: 1) finds that the amendment of the Urban Renewal Plan for the Greater
Downtown Urban Renewal District is both necessary and appropriate; and 2) sets a
public hearing on the proposed amendment for October 5, 2009.
The proposed amendment of this district would expand the district to include the Cable
Car Subarea (See Attached Map).
Background
The Downtown Dubuque Urban Renewal District was originally established in 1967. It
has been amended and restated on several occasions over the years to expand the
boundaries to include the Old Main area, the Iowa Inn property, Dubuque Museum of
Art, Historic Federal Building, Locust Street Parking Ramp, the Carnegie-Stout Public
Library, the South Main area, the Warehouse District, and the South Port area. On
April 19th, 2004, the Downtown Dubuque Urban Renewal was merged with the Ice
Harbor Urban Renewal District. By combining the two districts, both public and private
development efforts have benefited from greater flexibility in the use of tax increment
financing in the larger district.
Before a municipality can exercise the authority conferred by Chapter 403 "Urban
Renewal" of the Iowa Code, a Resolution of Necessity must be adopted finding that the
area being considered for urban renewal district designation is either a slum, blighted or
economic development area and that the rehabilitation, conservation, redevelopment,
development, or a combination thereof, of the area is necessary in the interest of the
public health, safety or welfare of the residents of the city.
The Iowa Code defines a blighted area as, "an area of a municipality within which the
local governing body of the municipality determines that the presence of a substantial
number of slum, deteriorated, or deteriorating structures; defective or inadequate street
layout; faulty lot layout in relation to size, adequacy, accessibility, or usefulness;
unsanitary or unsafe conditions; deterioration of site or other improvements; diversity of
ownership, tax or special assessment delinquency exceeding the fair value of the land;
defective or unusual conditions of title; or the existence of conditions which endanger
life or property by fire and other causes; or any combination of these factors;
substantially impairs or arrests the sound growth of a municipality, retards the provision
of housing accommodations, or constitutes an economic or social liability and is a
menace to the public health, safety, or welfare in its present condition and use". An
economic development area is defined as, "an area of a municipality designated by the
local governing body as appropriate for commercial and industrial enterprises or
housing and residential development for low and moderate income families, including
single or multifamily housing." The South Port Subarea will be designated as a blighted
area.
Discussion
The amendment to the Urban Renewal Plan will expand the district to include the Cable
Car area. This amendment will give this area access to the tools and incentives
available to urban renewal district properties, including tax increment financing and the
Downtown Rehabilitation Loan Program.
The attached Resolution directs staff to prepare an Amended and Restated Urban
Renewal Plan and to forward the Plan to the Long Range Planning Commission for
their review and comment. This is required by Chapter 403 along with a consultation
process that involves all affected taxing entities. Those taxing entities, the County,
School Board and community college, have an opportunity to comment on the
proposed Plan prior to the required public hearing on the Urban Renewal Plan, but they
cannot block adoption of the plan. A meeting was held with property owners within the
proposed expansion area on JUIy 28, 2009. All owners in attendance approved being
included in the Urban Renewal District.
City Council public hearing on the amended and restated Urban Renewal Plan will be
scheduled for October 5, 2009. The public notice will be published September 25, 2009
to allow for the appropriate publication requirements. This will allow time for
preparation of the plan, review and comment period by the Long Range Planning
Commission and the consultation process with the taxing entities.
Recommendation
I recommend the City Council adopt the attached Resolution of Necessity that begins
the process of amending the Urban Renewal Plan for the Greater Downtown Urban
Renewal District to expand the district to include the Cable Car Subarea.
The amendment will provide additional tools to encourage reinvestment and
redevelopment activities throughout the District and will support the revitalization within
the area.
Action Step
The action step for the City Council is to adopt the Resolution of Necessity attached to
this memorandum.
F:\USERS1Econ Dev\Urban Renewal\Greater Downtown UR District\2009.1 Amendment\20080901 Necessary Memo.docx
RESOLUTION NO. 325-09
A RESOLUTION OF NECESSITY FINDING THAT CERTAIN AREAS ADJACENT
TO THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT MEET THE
DEFINITION OF A BLIGHTED AREA UNDER THE URBAN RENEWAL LAW, AND
THAT DEVELOPMENT OF SAID AREAS IS NECESSARY IN THE INTEREST OF
THE RESIDENTS OF THE CITY OF DUBUQUE, IOWA.
Whereas, the City Council of the City of Dubuque has heretofore, by Resolution No.
300-08 adopted on September 2, 2008, approved the Amended and Restated Urban
Renewal Plan for the Greater Downtown Urban Renewal District (a merger of the Downtown
Dubuque and Ice Harbor Urbari Renewal Districts) (the "District") in order to provide
redevelopment opportunities which will further the purposes and objectives of the foregoing
Urban Renewal Plan; and
Whereas, the City Council has found that certain areas adjacent to the District meet
the definition of a blighted area as found in Chapter 403 "Urban Renewal" of the Iowa Code;
and
Whereas, Chapter 403 of the Iowa Code 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 following described area, which is proposed to be added to the
Greater Downtown Urban Renewal District, is a blighted area as defined by Chapter 403 of
the Iowa Code and is appropriate for an urban renewal project, to wit:
1) Cable Car Subarea
Commencing as a point of reference at the intersection of the centerlines of Second
Street and Locust Street in the City of Dubuque, Dubuque County, Iowa, said point being the
point of beginning; Thence southeasterly along the centerline of Locust Street to a point of
intersection with the centerline of First Street; Thence southwesterly along the centerline of
First Street to a point of intersection with the centerline of Bluff Street; Thence northwesterly
along the centerline of Bluff Street to a point of intersection with the centerline of Emmett
Street; Thence southwesterly along the centerline of Emmett Street to a point of intersection
with the centerline of St. Mary's Street; Thence northwesterly along the centerline of St.
Mary's Street and to a point of intersection with the northerly line of Cathedral Center
extended southwesterly; Thence northeasterly along the northerly line of Cathedral Center to
a point of intersection with the westerly right of way line of Bluff Street; Thence northwesterly
along said westerly right of way line of Bluff Street and extension thereof to a point of
intersection with the centerline of Third Street; Thence southwesterly along the centerline of
Third Street to a point of intersection with the westerly line of Lot 1 of the East 78 ft. of the
South 100 ft. of Lot 4 of City Lot 692 extended southerly; Thence northwesterly along said
westerly line to a point of intersection with the southerly line of Fenelon Point Subdivision;
Thence northeasterly along said southerly line to a point of intersection with the westerly line
of Lot 2 of 2 of City Lot 692;Thence northwesterly along said westerly line and westerly line
of Lot 1 of 2 of City Lot 692 to a point of intersection with the southerly right of way line of W.
Fourth Street; Thence northeasterly across W. Fourth Street to the southwest corner of Lot 1
of Evan's Place, said point also being on the northerly right of way line of W. Fourth Street;
Thence northwesterly along the west line of said Lot 1 to the southeast corner of Lot 34 of
Cooper Heights Addition; Thence continuing northwesterly along the easterly line of Lots 34,
35, 36 and 37 of Cooper Heights Addition to a point of intersection with the southerly right of
way line of W. Fifth Street; Thence northeasterly to a point of intersection in the centerline of
W. Fifth Street approximately 270 feet southwesterly of the centerline of Bluff Street; Thence
northwesterly along the centerline of W. Fifth Street to a point of intersection with the
southerly line of Coriell's Dubuque also being the northerly right of way line of W. Fifth
Street; Thence northeasterly along said right of way line of W. Fifth St. to the southwest
corner of Lot 1 of City Lot 690;Thence northwesterly along the westerly line of said Lot 1 to
the northwest corner of said Lot 1;Thence northeasterly along the northerly line of said Lot 1
to the northeast corner of said Lot 1;Thence southeasterly along the easterly line of said Lot
1 to a point of intersection with the northerly line of the south 62.5 ft. of the north 64 ft. of City
lot 617;Thence northeasterly along said northerly line and extension thereof to a point of
intersection with the centerline of Bluff Street; Thence southeasterly along the centerline of
Bluff Street to a point of intersection with the northerly line of the south 10 ft. of City Lot 138
extended southwesterly; Thence northeasterly along said northerly line and northerly line of
the south 10 ft. of the south 34.6 ft. of City Lot 103 and extension thereof to a point of
intersection with the centerline of Locust Street; Thence southeasterly along the centerline of
Locust Street to a point of intersection with the centerline of Second Street, said point being
the point of beginning.
Section 2. That the development of the above-described expansion 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 City Manager is authorized and directed to prepare an Amended
and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District for the
purpose of including the above-described areas in the District, to forward said amendment 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 4. That the City Clerk is directed to publish notice of a public hearing on the
adoption of the proposed Amended and Restated Urban Renewal Plan for the Greater
Downtown Urban Renewal District to be held on October 5, 2009 at 6:30 p.m. in the Historic
Federal Building, 350 West 6th Street, Dubuque, Iowa 52001 and that said notice shall
generally identify the areas covered by the Amended and Restated Plan, the areas proposed
to be added to the District, and the general scope of the urban renewal activities planned for
such areas, and that said notice shall be published and available to the public on September
25, 2009.
Section 5. 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, the
County Board of Supervisors and the Northeast Iowa Community College, as the affected
taxing entities.
PASSED, APPROVED and ADOPTED this 8th day of September, 2009.
// ~ ~ ,
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Roy D. Buol, Mayor
ATT ST: '
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Jeanne F. Schneider, City Cler
F:\USERS\Econ Dev\Urban Renewal\Greater Downtown UR District\2009.1 Amendment\20090908 Necessary Resolution.doc
CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
NOTICE is hereby given that the Dubuque City Council will conduct a public hearing on
October 5, 2008, at 6:30 p.m., in the City Council Chambers at the Historic Federal Building,
350 W. 6th St., to consider adopting an amendment to the Amended and Restated Urban
Renewal Plan for the Greater Downtown Urban Renewal District. The proposed amendment
identifies certain areas to be added to the Greater Downtown Urban Renewal Plan,
described as follows:
1) Cable Car Subarea
Commencing as a point of reference at the intersection of the centerlines of
Second Street and Locust Street in the City of Dubuque, Dubuque County, Iowa,
said point being the point of beginning;
Thence southeasterly along the centerline of Locust Street to a point of
intersection with the centerline of First Street;
Thence southwesterly along the centerline of First Street to a point of intersection
with the centerline of Bluff Street;
Thence northwesterly along the centerline of Bluff Street to a point of intersection
with the centerline of Emmett Street;
Thence southwesterly along the centerline of Emmett Street to a point of
intersection with the centerline of St. Mary's Street;
Thence northwesterly along the centerline of St. Mary's Street and to a point of
intersection with the northerly line of Cathedral Center extended southwesterly;
Thence northeasterly along the northerly line of Cathedral Center to a point of
intersection with the westerly right of way line of Bluff Street;
Thence northwesterly along said westerly right of way line of Bluff Street and
extension thereof to a point of intersection with the centerline of Third Street;
Thence southwesterly along the centerline of Third Street to a point of intersection
with the westerly line of Lot 1 of the East 78 ft. of the South 100 ft. of Lot 4 of City
Lot 692 extended southerly;
Thence northwesterly along said westerly line to a point of intersection with the
southerly line of Fenelon Point Subdivision;
Thence northeasterly along said southerly line to a point of intersection with the
westerly line of Lot 2 of 2 of City Lot 692;
Thence northwesterly along said westerly line and westerly line of Lot 1 of 2 of
City Lot 692 to a point of intersection with the southerly right of way line of W.
Fourth Street;
Thence northeasterly across W. Fourth Street to the southwest corner of Lot 1 of
Evan's Place, said point also being on the northerly right of way line of W. Fourth
Street;
Thence northwesterly along the west line of said Lot 1 to the southeast corner of
Lot 34 of Cooper Heights Addition;
Thence continuing northwesterly along the easterly line of Lots 34, 35, 36 and 37
of Cooper Heights Addition to a point of intersection with the southerly right of way
line of W. Fifth Street;
Thence northeasterly to a point of intersection in the centerline of W. Fifth Street
approximately 270 feet southwesterly of the centerline of Bluff Street;
Thence northwesterly along the centerline of W. Fifth Street to a point of
intersection with the southerly line of Coriell's Dubuque also being the northerly
right of way line of W. Fifth Street;
Thence northeasterly along said right of way line of W. Fifth St. to the southwest
corner of Lot 1 of City Lot 690;
Thence northwesterly along the westerly line of said Lot 1 to the northwest corner
of said Lot 1;
Thence northeasterly along the northerly line of said Lot 1 to the northeast corner
of said Lot 1;
Thence southeasterly along the easterly line of said Lot 1 to a point of intersection
with the northerly line of the south 62.5 ft. of the north 64 ft. of City lot 617;
Thence northeasterly along said northerly line and extension thereof to a point of
intersection with the centerline of Bluff Street;
Thence southeasterly along the centerline of Bluff Street to a point of intersection
with the northerly line of the south 10 ft. of City Lot 138 extended southwesterly;
Thence northeasterly along said northerly line and northerly line of the south 10 ft.
of the south 34.6 ft. of City Lot 103 and extension thereof to a point of intersection
with the centerline of Locust Street;
Thence southeasterly along the centerline of Locust Street to a point of
intersection with the centerline of Second Street, said point being the point of
beginning.
The City of Dubuque reserves the right to modify the boundaries of the District at some
future date. Any amendments to the Plan will be completed in accordance with Chapter 403
of the Iowa Code, Urban Renewal Law.
A copy of the proposed amendment to the Amended and Restated Urban Renewal Plan for
the Greater Downtown Urban Renewal District is on file in the City Clerk's Office and may be
viewed during normal working hours.
Written comments regarding the above amendment may be submitted to the City Clerk's
Office on or before said time of public hearing.
At said time and place of public hearing all interested citizens and parties will be given an
opportunity to be heard for or against said amendment.
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 TDD (563)
590-6678 at least 48 hours prior to the meeting.
Published by order of the City Council given on the 8th day of September, 2009.
Jeanne F. Schneider, CMC
City Clerk
F:\USERSWdejong\Urban Renewal\Greater Downtown UR District\2008.1 Amendment\2008.1 GD UR Public Notice.doc