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Dubuque Industrial Center Economic Development DistrictMasterpiece on the Mississippi 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 Dubuque Industrial Center Economic Development District DATE: January 12, 2011 Dubuque hittd AI- America City 11111! ' 2007 Economic Development Director David Heiar is recommending to adopt the Resolution of Necessity that 1) finds that the amendment of the Urban Renewal Plan for the Dubuque Industrial Center Economic Development District is both necessary and appropriate; and 2) sets a public hearing on the proposed amendment for March 7, 2011. The proposed amendment of this district would expand the district to include an area known as Subarea E I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM:Iw Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager David Heiar, Economic Development Director Mich eI C. Van Milligen Masterpiece on the Mississippi 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 Dubuque Industrial Center Economic Development District DATE: January 11, 2011 Dubuque ktratcl Al4medca City 2007 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 Dubuque Industrial Center Economic Development District is both necessary and appropriate; and 2) sets a public hearing on the proposed amendment for March 7, 2011. The proposed amendment of this district would expand the District to include an area known as the South Siegert Farm and referred to as new Subarea E. Background The Dubuque Industrial Center Economic Development District was created on May 2, 1988. The District is an urban renewal area which allows the City of Dubuque to capture tax increment revenue from improvements made in the District. The original area included the Dubuque Industrial Center (known as Subarea A) and was expanded in November 1997 to include the Dubuque Industrial Center West, the County Farm, the Bergfeld Farm, and the North Siegert Farm (known as Subarea B and C). On April 7, 2008, the Urban Renewal Plan was amended to add Subarea D, an area known as the Rail Site. 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 newly added industrial area (Subarea E) will be designated as an economic development area. Discussion The proposed amendment to the Urban Renewal Plan will expand the District to include the South Siegert Farm as a new Subarea E. This amendment will give the area access to the tools and incentives available to urban renewal district properties, namely tax increment financing. I recommend expanding the District and amending the Urban Renewal Plan to include Subarea E because the area is intended to have industrial uses similar to the rest of the Urban Renewal Area. It is important for the two nearby industrial areas to be governed by the same Urban Renewal Plan so that both areas are developed in a similar fashion. This also provides the City with a revenue source from Subarea A increments to finance Subarea E improvements. The attached Resolution directs staff to prepare an amendment to the Amended and Restated Urban Renewal Plan and to forward the amendment 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 Northeast Iowa Community College, have an opportunity to comment on the proposed amendment prior to the required public hearing, but they cannot block adoption of the amendment. City Council public hearing on the amendment to the Amended and Restated Urban Renewal Plan will be scheduled for March 7, 2011. The public notice will be published within 4 to 20 days before the meeting to allow for the appropriate reporting requirements. This will allow time for preparation of the amendment, 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 Dubuque Industrial Center Economic Development District to expand the District to include the Subarea E. 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. Attachments F: \USERS\Econ Dev \Urban Renewal \Dubuque Industrial Center UR District\2011.1 DIC Urban Renewal Plan\20110111 Necessary Memo.doc RESOLUTION NO. 20 -11 A RESOLUTION OF NECESSITY FINDING THAT CERTAIN AREAS ADJACENT TO THE DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT MEET THE DEFINITION OF AN ECONOMIC DEVELOPMENT 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. 109 -08 adopted on April 7, 2008, approved the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District (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 an economic development 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 Dubuque Industrial Center Economic Development District, is an economic development area as defined by Chapter 403 of the Iowa Code and is appropriate for an urban renewal project, to wit: All of Lot 1 of 1 and Lot 2 of 1 of the South Fork Subdivision No. 1, including any adjoining public street right -of -way to said Tots, all in the City of Dubuque, Dubuque County, Iowa, and; all of Seippel Road right of way from the north boundary line of Lot 1 of 1 of South Fork Subdivision No. 1 in the City of Dubuque, to the south boundary lines of Lot H of Dubuque Industrial Center West and Lot 1 of Dubuque Industrial Center West 2nd Addition in the City of Dubuque, Dubuque County, Iowa, including crossings at the intersections of Old Highway Road and Chicago Central & Pacific Railroad rights -of -way. 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 amendment to the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District for the purpose of including the above - described area 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 amendment to the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District to be held on March 7 2011 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 February 25, 2011. Section 5. That the City Clerk is further directed to send by ordinary mail a copy of said notice of public hearing and the proposed amendment to the Dubuque Community School District, the County Board of Supervisors and the Northeast Iowa Community College, as the affected taxing entities. AT EST: PASSED, APPROVED and ADOPTED this 18 day of January, 2011. jeanne F. Schneider, City Clerk Roy D. Buol, Mayor F: \USERS \Econ Dev \Urban Renewal \Dubuque Industrial Center UR District\2011.1 DIC Urban Renewal Plan\20110118 Necessary Resolution.doc MAJESTIC 0 U) w co 0) 1.1J J J • DISCUIMEX: This Information was corralled using the Dubuque Area Geagaohm Information Sy (Dw dudes data created by both the Dubuque and Dubuque County It lsanderstood the Chy of Dubuque and participate,/ gent most al.- mfamadon aya dls up..renstdo and r t the actu Information or data contained here agendas shall not be he CoMaen name nty w body to use this data or out a ,auxv MIDDLE HU MKE KI WA SIOUX SA cn m n m r T AILS :C GE Dubuque Industrial Center Economic Development District Version 2011.1 1 inch = 2,000 feet IGHWAY at, while mired the MG. a. or my of the City and r any direct, i,d 1 damages. whe SEIPPE PENNSYLVANIA ST MARK FUTURO sideting ndental, er foreseeable or u[ Meed use of any breach of Legend Subarea A Subarea B Subarea C Subarea D Subarea E