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Lake Ridge Development District_TIF OrdinanceMasterpiece on the Mississippi Dubuque bitti All-America City III I 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Tax Increment Ordinance for the Lake Ridge Economic Development District DATE: August 11, 2011 Economic Development Director Dave Heiar is recommending approval of an ordinance creating the tax increment financing district for the Lake Ridge Economic Development District to facilitate the Rose Development of the $9.3 million 70 -unit affordable assisted living facility on Lake Ridge Drive. This is consistent with the Urban Renewal Plan approved by the City Council on August 1, 2011. I concur with the recommendation and respectfully request Mayor and City Council approval. • Mic ael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Dave Heiar, Economic Development Director Masterpiece on the Mississippi Dubuque AI- anedca aly 11111! 2007 TO: Michael Van Milligen, City Manager FROM: David J. Heiar, Economic Development Director SUBJECT: Tax Increment Ordinance for the Lake Ridge Economic Development District DATE: August 2, 2011 Introduction This memorandum transmits for City Council review and adoption an ordinance creating the tax increment financing district for the Lake Ridge Economic Development District. The proposed ordinance was reviewed by the City's bond counsel and is attached to this memo. Background On August 1, 2011 the City Council approved an Urban Renewal Plan for the Lake Ridge Economic Development District which includes property along Lake Ridge Drive near Cedar Cross Road. The tax increment ordinance allows for TIF collection on these properties. Rose Development, controlled by Greg McClenahan, is proposing to build a $9.3 million 70 -unit 'affordable assisted living facility' on Lake Ridge Drive. This would be the sixth Rose development built in Iowa since 2005. The others are located in Ames, Des Moines, East Des Moines, Waterloo and Council Bluffs. The Police Department checked and these facilities do not create any policing problems. The Rose developments have all been assisted by the Iowa Finance Authority through the Low - Income Housing Tax Credit Program. Award of tax credits reduces the need for conventional mortgage financing and lowers development costs, allowing lower rents. McClenahan has additionally used a variety of other assisted financing at his developments, including urban revitalization tax abatement, enterprise zone credits and HOME Program grants. Residents in these projects must all qualify by income, at 60% or less of area median income. Many qualify for Section 8 housing vouchers and Medicaid services. Rents are capped at no more than 30% of tenant income. The services the resident receives are provided by a contracted licensed health care provider, such as the VNA. The costs for those services are paid by Medicaid HCBS waiver programs. With this package of subsidies, the low- income resident can afford the full spectrum of housing and supported services that would otherwise approach $3000 per month. Discussion Adoption of the proposed tax increment ordinance is needed to establish the use of tax increment financing to the district. The ordinance authorizes the City to establish a special fund for the collection of a portion of the property tax revenues generated by new development occurring within the district. All taxable property located with the tax increment district will continue to pay property taxes based upon the current tax levies and assessment valuations. Tax revenues collected in excess of the base amounts will be used to assist in financing future development projects within the district, including both public and private development. Adoption of the ordinance will create the base valuations for the Original Project Areas. Recommendation I recommend that the City Council approve the tax increment ordinance for the Lake Ridge Economic Development District. Tax increment financing is an important tool for economic development and will be used to assist future public and private development efforts in the area. Action Step The action step is for the City Council to approve the tax increment ordinance attached hereto. attachment F: \USERS\Econ Dev \Urban Renewal \Lake Ridge \TIF Ordinance\20110802 Lake Ridge TIF ord memo.docx Doc ID 007136530005 Type GEN Kind ORDINANCE Recorded: 08/25/2011 at 02:53:23 PM Fee Amt: $27.00 Page 1 of 5 Dubuque County Iowa Kathy Flynn Thurlow Recorder ( Fi1e2011- 00011916 Prepared by: David Heiar, Economic Development, 50 W. 13th Street, Dubuque, IA 52001 (563) 589 -4393 Return to: Kevin Firnstahl, City Clerk, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001, 563.589.4120. OFFICIAL PUBLICATION ORDINANCE NO. 42 -11 AN ORDINANCE PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE LAKE RIDGE 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 CONNECTION WITH THE LAKE RIDGE 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. 247 -11 adopted on August 1, 2011, adopted an Urban Renewal Plan for an urban renewal area known as the Lake Ridge 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 Urban 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. C; Cle��0a"1`� th Prepared by: David Heiar, Economic Development, 50 W. 13 Street, Dubuque, IA 52001 (563) 589-4393 th Return to: Kevin Firnstahl, City Clerk, City of Dubuque, 50 W. 13 Street, Dubuque, IA 52001, 563.589.4120. OFFICIAL PUBLICATION ORDINANCE NO. 42-11 AN ORDINANCE PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE LAKE RIDGE 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 CONNECTION WITH THE LAKE RIDGE 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. 247-11 adopted on August 1, 2011, adopted an Urban Renewal Plan for an urban renewal area known as the Lake Ridge 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 Urban 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) Proiect Area shall mean that portion of the City of Dubuque, Iowa described in the Urban Renewal Plan for the Lake Ridge Economic Development District approved by Resolution No. 247 -11 on August 1, 2011, which Project Area includes the lots and parcels located within the area now legally described as follows: Lot 2 of Lot 2 of Cedar Lake Plaza 3rd Addition in the City of Dubuque, Dubuque County, Iowa. (b) Urban Renewal Plan shall mean the Urban Renewal Plan for the Project Area approved in Resolution No. 247 -11 on August 1, 2011. Section 2: The taxes levied on the taxable property in the Project Area, legally described 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 Project 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 revenue described herein (which certification is directed to be made during the 2011 calendar year), 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 2 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, but only to the extent authorized in Section 403.19(2), and taxes for the payment of bonds and interest of each taxing district 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 determined 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 publication as provided by law. 3 PASSED AND APPROVED this 15th day of August August 15, 2011 PASSED AND APPROVED: August 15, 2011 PUBLISHED: August 19, 2011 ATTEST:A ing City C erk Read first time: Read second time: August 15, 2011 Read third time: August 15, 2011 4 F: \USERS \Econ Dev \Urban Renewal \Lake Ridge \TIF Ordinance\2011.1 Lake Ridge TIF Ordinance.docx OFFICIAL PUBLICATION ORDINANCE NO. 42 -11 AN ORDINANCE PROVIDING n ; i;,T GENERAL PRO -; TAXES LEVIED COLLECTED EACH I YEAR ON ALL PROPERTY LOCATED WITHIN THE LAKE RIDGE ECONOMIC DEVELOPMENT DIS- TRICT OF THE CITY OF DUBUQUE, COUNTY OF DUBU- QUE, STATE OF IOWA, BY AND FOR BENEFIT Of STAVE OF IOWA, 1 OF DUBI'l,Q,,E COUNTY OF , DUBt I QUE, DUBUQUE COM- MUNITY SCHOOL DISTRICT, AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT Of PRINCIPAL AHD INTEREST ON LOANS, MONIES ADV � D TO AND I. ■ ! ,_ EDNESS, INCL d DING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION WITH THE LAKE RIDGE ECONOMIC DEVELOP- MENT 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. 247 -11 adopted on August 1, 2011, adopted an Urban Renewal Plan for an urban renewal area known as the Lake Ridge Economic Development District (the "Project Area"), which Project Area includes the lots and parcels described in said Urban Renewal Plan; and WHEREAS, expendi- tures and indebtedness are anticipated to be incurred in the future t finance urban renewal project activi- ties carried out in furtherance of the fore Urban 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 , • ,NyHER r ;' ; the,: %tiovri ng•,ena t7ent is WecesSary to accom- plish the objectives' • described r in the 'I 'is NDW1.i�`hIEREFORE, BE , BY THE 'C WCIL' THE CITY' OF 'DUBUQUE, IOWA, THAT: Section 1: For pur- poses of this Ordi- nance, the following terms • shall have the l i following meanings: (a) Project , shall mean tha portion of the City of Dubuque; Iowa described in the Urban Renewal Plan for the . Lake ''' 'Ridge Ecopomic Deyelopn'lent District approved by Resolution No. 247 -11 on Augaist 1, 2011, which Project Area includes the lots and parcels located within the • area now legally described as follows: Lot 2 of Lot 2 of Cedar Lake Plaza 3rd Addition in the City of Dubuque, Dubuque County; Iowa. (b) Urban Renewa4 Plan. shall mean the Urban Renewal Planfor- the" ' Project Area approved in Resolution No. 247 -11 on August 1, 2011. Section 2: The taxes levied on the taxable property in the Project Area, legally described 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 por- tion of the taxes which would be produced by I 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 Project Area, as shown on the assessment roll as of January 1 of the calendar year • pre - ceding : the first 1 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 revenue described Tor the taxing oistncts herein (which certifi- in the same manner as cation is directed to be all other property made during the 2011 taxes. calendar year), shall be • Section 6: At such allocated to and when time as the loans, collected be paid into monies advanced, the fund for the bonds and interest respective taxing thereon and indebted- district as taxes by or '.ness of the City of for said taxing district Dubuque referred to in into which all other Section 4 hereof have property taxes are been paid, all monies paid. The taxes so thereafter received determined shall be from taxes upon the referred herein as the taxable property' In the "base period taxes" for Project Area shall be such Project Area. paid into the funds for Section 4: That por- the respective taxing lion of the taxes each districts in the same year in excess of the manner as taxes on all base period taxes for other property. the Project Area, deter- Section T. All ordi- Mined as provided in nances or parts of Section 3 of this Ordi- ordinances irP conflict ;nance, shall be allb- with the provisions of cated to and when this Ordinance are co llected be paid intq�a hereby repealed. _The 4pecial tax increment provisions of this fund hereby estab- Ordinance are intend - Ilshed by the City of ed and shall be Dubuque to pay the construed so as to fully principal of and inte- implement the provi- rest on loans, monies sions of Section 403.19 advanced to, or indebt- of the Code of Iowa, as edness, whether fund- amended, with respect ed, refunded, assumed to the division of taxes or otherwise, including from property within bonds issued under the'' Project , Area as authority of Section described above. In the 403.9 or Section 403.12 event that any provi- of the Code of Iowa, sion of this Ordinance incurred by the City of shad be determined to• Dubuque, Iowa to he contrary .' ho Jav finance or refinance, in shall not' affect ,other whole or in part, urban , provisions.! or applica renewal projects under- I" tidn of tlijs! Ordinance ' ! taken within the ,Pro-1, which shall at alitimes tect Area pursuant to be co rued to fully the Urban Renewal ' to 4pra Ylsbns Plan, except that taxes Of Se ' 4031 of:the for the regular and Code qfi Iowa,`: with ' voter - approved physi- refeee`nce, to fhe Pro - cal plant and equip- jectAre'andtheterri- ment levy of a school torY contained therein. district imposed pur- i, Section 8: This Ordi- suant to Section 298.2, . nance,shall be in, ,effect but only to the extent after' its final passage, author=ized in Section a royal and publica- , X3:19(2), and taxes for ! tion as provided by thee p yment of bonds l andtN i terest of each Passed and approved taxing district shall be this , 15th day of collected against all August, .2011. taxable property within /s/Roy D. Buol, Mayor the Project Area with Attest /s /Kevin S. out any limitation as Firnstahl, hereinabove provided. Acting City Clerk Section 5: Unless or Published officially in until the total assessed the Telegraph - Herald valuation of the I Newspaper August 19, taxable, property in the 201L Project Area exceeds / /K S. Firnstahl, the total''' assessed , • Aoting,CityClerk value of the taxable • Read first= time: property in said area August 15, 2011 as shown by the Read second time: assessment roll refer - August 15, 2011 red to in Section 3 of Read third time: this Ordinance, all of August•15,2011 the taxes levied and passed and approved: collected upon the • August 15, 2011 taxable property in the Published: August 19, ' Project Area shall be! 2011 fa paid into the funds r[ 7 9 • _ the respective taxing',.',-' ., districts as taxes by or STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: August 19, 2011, and for which the charge is $70.17. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this , day of �� f , 20 // . 7 12a-4-3-Se- e_ Pjte Notary Public in and for Dubuque County, Iowa. MARY K, WESTERMEYE a Commission Number 154a^5 VikOonint..,11:—FEA