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9 28 20 City Council Proceedings Official_SpecialCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in a special session at 5:00 p.m. on September 28, 2020. Due to the COVID-19 pandemic and mandates for social distancing, this meeting was conducted virtually and aired live on CityChannel Dubuque (Mediacom cable channels 8 and 117.2), streamed live on the city’s website at www.cityofdubuque.org/media, and streamed live on the City’s Facebook page at www.facebook.com/cityofdubuque. Present: Mayor Buol; Council Members Cavanagh, Jones, Lynch, Resnick, Roussell, Sprank; City Manager Van Milligen, City Attorney Brumwell Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting such business that may properly come before the Council and a closed session to discuss real estate transfer negotiations pursuant to Chapter 21.5(1)(j) Code of Iowa. PUBLIC HEARINGS 1. Radford Road Urban Renewal Area: Proof of publication on notice of a public hear- ing to consider approval of a proposed Urban Renewal Plan (the “Plan”) for the Radford Road Urban Renewal District (the “District”), and the City Manager recommending ap- proval. Motion by Resnick to receive and file the documents and adopt Resolution No. 305-20 Approving the amended and Restated Urban Renewal Plan for the Radford Road Economic Development District. Seconded by Jones. Housing and Community Develop- ment Manager Alexis Steger responded to questions from the City Council regarding the use of Housing Choice Vouchers with housing in this area. Staff stated that no public input was received regarding this item. Motion carried 7-0. RESOLUTION NO. 305-20 APPROVING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND GARDENS OF DUBUQUE, LLC, INCLUDING THE PRO- POSED ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE OBLIGA- TIONS FOR THE DEVELOPMENT AT 1895 RADFORD ROAD Whereas, the City Council, by Resolution No. 297-20 dated September 21, 2020, de- clared its intent to enter into a Development Agreement with Gardens of Dubuque, LLC for the development of property located at 1895 Radford Road in the C ity of Dubuque, Iowa (the Property); and Whereas, pursuant to notice published on September 23, 2020 a public hearing was held virtually on the proposed disposition on September 28, 2020 at 6:30 p.m.; and Whereas, it is the determination of the City Council that approval of the Development Agreement, for the development of the Property by Gardens of Dubuque, LLC according to the terms and conditions set out in the Development Agreement, is in the public interest of the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The Development Agreement by and between the City of Dubuque and Gardens of Dubuque, LLC, a copy of which is attached hereto, is hereby approved. Section 2. The Mayor is hereby authorized and directed to execute the Development Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. The City Manager is authorized to take such actions as are necessary to comply with the terms of the Development Agreement as herein approved. Passed, approved and adopted this 28th day of September 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2. Gardens of Dubuque, LLC Development Agreement: Proof of publication on notice of public hearing to consider approval of a Development Agreement by and between the City of Dubuque, Iowa and Gardens of Dubuque, LLC including the pro posed issuance of Urban Renewal Tax Increment Revenue Obligations relating thereto, and the City Man- ager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 306-20 Approving a Development Agreement by and betwe en the City of Dubuque, Iowa and Gardens of Dubuque, LLC, including the proposed issuance of Urban Renewal Tax Increment Revenue Obligations for the Development at 1895 Rad- ford Road. Seconded by Roussell. City Manager Van Milligen and Housing and Commu- nity Development Manager Alexis Stager responded to questions from the City Council regarding ensuring affordable housing and the State management of tax credits and rent restrictions. Staff stated that no public input was received regarding this item. Motion car- ried 7-0. RESOLUTION NO. 306-20 APPROVING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND GARDENS OF DUBUQUE, LLC, INCLUDING THE PRO- POSED ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE OBLIGA- TIONS FOR THE DEVELOPMENT AT 1895 RADFORD ROAD Whereas, the City Council, by Resolution No. 297-20 dated September 21, 2020, de- clared its intent to enter into a Development Agreement with Gardens of Dubuque, LLC for the development of property located at 1895 Radford Road in the City of Du buque, Iowa (the Property); and Whereas, pursuant to notice published on September 23, 2020 a public hearing was held virtually on the proposed disposition on September 28, 2020 at 6:30 p.m.; and Whereas, it is the determination of the City Council that ap proval of the Development Agreement, for the development of the Property by Gardens of Dubuque, LLC according to the terms and conditions set out in the Development Agreement, is in the public interest of the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The Development Agreement by and between the City of Dubuque and Gardens of Dubuque, LLC, a copy of which is attached hereto, is hereby approved. Section 2. The Mayor is hereby authorized and directed to execute the Development Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. The City Manager is authorized to take such actions as are necessary to comply with the terms of the Development Agreement as herein approved. Passed, approved and adopted this 28th day of September 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk ACTION ITEMS 1. Radford Road Economic Development District Ordinance: City Manager recom- mending approval of an ordinance creating the tax increment financing district for the Radford Road Economic Development District. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Resnick. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 38-20 Providing that general property taxes levied and collected each year on all property located within the Radford Road Economic Development District of the City of Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and other Taxing Districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds, issued or to be issued, incurred by said City in con- nection with the Radford Road Economic Development District Redevelopment Project. Seconded by Resnick. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 38-20 PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE RADFORD ROAD ECONOMIC DEVELOPMENT DISTRICT OF THE CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF DUBUQUE, COUNTY OF DUBUQUE, DUBUQUE COMMUNITY SCHOOL DISTRICT, AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, MONIES ADVANCED TO AND INDEBT- EDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION WITH THE RADFORD ROAD ECONOMIC DEVELOPMENT DISTRICT REDEVELOPMENT PROJECT Whereas, the City Council of the City of Dubuque, Iowa, after public notice and hearing as prescribed by law and pursuant to Resolution No. 305 -20 adopted on September 28, 2020, adopted an Urban Renewal Plan for an urban renewal area known as the Radford Road Economic Development District (the “Project Area”), which Project Area includes the lots and parcels described in said Urban Renewal Plan; and Whereas, expenditures and indebtedness are anticipated to be incurred in the future to finance urban renewal project activities carried out in furtherance of the foregoing Ur- ban Renewal Plan; and Whereas, the City Council desires to provide for the division of revenue from taxation in the Project Area in accordance with the provisions of Section 403.19 of the Code of Iowa, as amended; and Whereas, the following enactment is necessary to accomplish the objectives described in the premises. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, THAT: Section 1: For purposes of this Ordinance, the following terms shall have the following meanings: (a) Project Area shall mean that portion of the City of Dubuque, Iowa described in the Urban Renewal Plan for the Radford Road Economic Development District ap- proved by Resolution No. 305-20 on September 28, 2020, which Project Area in- cludes the lots and parcels located within the area now legally described as follows: Lot 1-1 and Lot 2-1 of Wolff Place No. 2, in the City of Dubuque, Iowa, excepting all that part of the Right of Way of Radford Road lying within said Lot 2-1 All in the City of Dubuque, Iowa. Section 2: The taxes levied on the taxable property in the Project Area, legally de- scribed in Section 1 hereof, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and all other taxing districts from and after the effective date of this Ordinance shall be divided as hereinafter in this Ordinance provided. Section 3: That portion of the taxes which would be produced by the rate at which the tax is levied each year by or for each of the taxing districts taxing property in the Project Area upon the total sum of the assessed value of the taxable property in the Proje ct Area, as shown on the assessment roll as of January 1 of the calendar year preceding the first calendar year in which the City of Dubuque certifies to the County Auditor the amount of loans, advances, indebtedness, or bonds payable from the division of property tax reve- nue described herein, shall be allocated to and when collected be paid into the fund for the respective taxing district as taxes by or for said taxing district into which all other property taxes are paid. The taxes so determined shall be referred herein as the "base period taxes" for such Project Area. Section 4: That portion of the taxes each year in excess of the base period taxes for the Project Area, determined as provided in Section 3 of this Ordinance, shall be allocated to and when collected be paid into a special tax increment fund hereby established by the City of Dubuque to pay the principal of and interest on loans, monies advanced to, or indebtedness, whether funded, refunded, assumed or otherwise, including bonds issued under authority of Section 403.9 or Section 403.12 of the Code of Iowa, incurred by the City of Dubuque, Iowa to finance or refinance, in whole or in part, urban renewal projects undertaken within the Project Area pursuant to the Urban Renewal Plan, except that taxes for the regular and voter-approved physical plant and equipment levy of a school district imposed pursuant to Section 298.2 and taxes for the instructional support program of a school district imposed pursuant to Section 257.19, but only to the extent authorized in Section 403.19(2), and taxes for the payment of bonds and interest of each taxing district and any other tax levy exceptions under Section 403.19 shall be collected against all taxable property within the Project Area without any limitation as hereinabove provided. Section 5: Unless or until the total assessed valuation of the taxable property in the Project Area exceeds the total assessed value of the taxable property in said area as shown by the assessment roll referred to in Section 3 of this Ordinance, all of the taxes levied and collected upon the taxable property in the Project Area shall be paid into the funds for the respective taxing districts as taxes by or for the taxing districts in the same manner as all other property taxes. Section 6: At such time as the loans, monies advanced, bonds and interest thereon and indebtedness of the City of Dubuque referred to in Section 4 hereof have been paid, all monies thereafter received from taxes upon the taxable property in the Project Area shall be paid into the funds for the respective taxing districts in the same manner as taxes on all other property. Section 7. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. The provisions of this Ordinance are intended and shall be construed so as to fully implement the provisions of Section 403.19 of the Code of Iowa, as amended, with respect to the division of taxes from property within the Project Area as described above. In the event that any provision of this Ordinance shall be de- termined to be contrary to law, it shall not affect other provisions or application of this Ordinance which shall at all times be construed to fully invoke the provisions of Section 403.19 of the Code of Iowa with reference to the Project Area and the territory contained therein. Section 8: This Ordinance shall be in effect after its final passage, approval and publi- cation as provided by law. Passed and approved this 28th day of September 2020. /s/Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 2nd day of October 2020. /s/Kevin S. Firnstahl, City Clerk CLOSED SESSION Real Estate Transfer Negotiations – Chapter 21.5(1)(j) Code of Iowa Motion by Jones to convene in closed session at 5:19 p.m. to discuss Real Estate Transfer Negotiations pursuant Chapter 21.5(1)(j) Code of Iowa. Seconded by Lynch. Mayor Buol stated for the record that the attorneys who will consult with City Cou ncil on the issues to be discussed in the closed session are City Attorney Crenna Brumwell and Senior Counsel Barry Lindahl. Motion carried 7-0. Upon motion, the Council reconvened in open session at 8:16 p.m. There being no further business, Mayor Buol declared the meeting adjourned at 8:17 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk