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Dubuque Industrial Center West Economic Development DistrictMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager Dubuque keghti NI -Anita City 11111 f 2007 SUBJECT: Resolution of Necessity for an Amended and Restated urban Renewal Plan for the Dubuque Industrial Center Economic Development District and Rescinding Resolution 20 -11 DATE: February 18, 2011 Economic Development Director Dave Heiar recommends City Council approval of the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District. The proposed amendment of this district would add an area referred to as the South Siegert Farm into a new Subarea E of the Dubuque Industrial Center Economic Development District. The Council had previously approved setting a public hearing on this proposal for March 7 however, staff has discovered an error in the original legal description. This Resolution would rescind the previous Resolution, modifying the legal description and reset the public hearing for March 7th I concur with the recommendation and respectfully request Mayor and City Council approval. Micha C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager David J. Heiar, Economic Development Director 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 and Rescinding Resolution 20 -11. DATE: February 18, 2011 Dubuque krad A Amedca ty 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; 2) sets a public hearing on the proposed amendment for March 7, 2011, and 3) rescinds Resolution 20 -11. 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. Resolution 20 -11 was approved on January 18, 2011 but had an incorrect description of the property. 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. The process to approve the amendment has begun. The Long Range Planning Advisory Commission recommended approval on February 16, 2011, and the taxing bodies meeting occurred on February 18, 2011. 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. Resolution 20 -11 described one of the Tots in the South Siegert farm as Lot 2 of 1 South Fork when it should have been Lot 1 of 2 South Fork. The attached resolution corrects this mistake. 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 \Eton Dev \Urban Renewal\Dubuque Industrial Center UR District\2011.1 DIC Urban Renewal Plan\20110218 Necessary Memo DIC rescind previous.doc RESOLUTION NO. 61 -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, AND TO RESCIND RESOLUTION 20 -11. 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; and Whereas, Resolution 20 -11 was approved on January 18, 2011 and incorrectly provided a legal description for the area to be included in the district. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Resolution 20 -11 is hereby rescinded. Section 2. 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 1 of 2 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 3. 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 4. 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 5. 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 6. 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. PASSED, APPROVED and ADOPTED this 22 day of February, 2011. Roy D. Buol, Mayor eanne F. Schneider, City Clerk F: \USERS \Econ Dev \Urban Renewal\Dubuque Industrial Center UR District\2011.1 DIC Urban Renewal Plan\20110222 Necessary Resolution DIC.doc CITY OF DUBUQUE, IOWA OFFICIAL NOTICE NOTICE is hereby given that the Dubuque City Council will conduct a public hearing on March 7 2011 at 6:30 p.m., in the City Council Chambers at the Historic Federal Building, 350 W. 6 St., Dubuque, Iowa, concerning a proposed amendment to the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District ( "District "). The proposed amendment identifies certain areas which are proposed to be added to the District, and which are expected to be developed for manufacturing facilities and related uses. The areas to be so included in the District have been determined by the City Council to be economic development areas as defined by Chapter 403 of the Iowa Code and appropriate for an urban renewal project, to wit: All of Lot 1 of 1 and Lot 1 of 2 of the South Fork Subdivision No. 1, including any adjoining public street right -of -way to said lots, 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. All current provisions of the Amended and Restated Urban Renewal Plan would be applicable to the expansion area and remain in full force and effect. A copy of the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development 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 22nd day of February, 2011. Jeanne F. Schneider, CMC City Clerk