Dubuque Malting & Brewing Urban Renewal District AmendmentMasterpiece on the Mississippi
Dubuque
kital
All- America City
II 111!
2012
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Amended and Restated Urban Renewal Plan for Dubuque Brewing &
Malting Urban Renewal District
DATE: May 23, 2013
Economic Development Director Dave Heiar recommends City Council approval of the
Amended and Restated Urban Renewal Plan for the Dubuque Brewing and Malting
Urban Renewal District. The plan has been updated to reflect expenditures planned for
FY2013- FY2014 that have not been included in previous plans, as required by the
provisions of House File 2460, adopted by the Iowa legislature in 2012.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
kr,„ 7)4,
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
David J. Heiar, Economic Development Director
Masterpiece on the Mississippi
DATE: May 28, 2013
TO: Michael C. Van Milligen, City Manager
FROM: David J. Heiar, Economic Development Director
SUBJECT: Amended and Restated Urban Renewal Plan for Dubuque Brewing &
Malting Urban Renewal District
Dubuque
Leal
All-America City
11111
2012
Introduction
The purpose of this memorandum is to forward for City Council review and approval of
the Amended and Restated Urban Renewal Plan for the Dubuque Brewing & Malting
Urban Renewal District. The proposed amendment will comply with the provisions of
House File 2460, adopted by the Iowa legislature in 2012, requiring urban renewal
plans be amended or modified to reflect any active urban renewal project.
Background
On April 15, 2013, the City Council approved a Resolution of Necessity finding that the
established urban renewal district meets the definition of a blighted area under state
law, and is appropriate for urban renewal activities. Staff has prepared an Amended
and Restated Urban Renewal Plan for the district as per the directive of the City
Council.
A consultation process was conducted with the affected taxing entities as required by
Chapter 403.5 of the Iowa Code. Prior to the meeting, the taxing entities were mailed
copies of the Amended and Restated Urban Renewal Plan and the Notice of Public
Hearing. The required consultation to discuss, question, or object to the findings in
these documents was held on May 17, 2013. There were no representatives from the
taxing entities in attendance.
Discussion
Legislative changes to the urban renewal law in 2012 require further detail on public
purpose activities. The plan has been updated to reflect an expenditure planned for
FY2013- FY2014 that has not been included in previous plans. That expenditure is a
previously approved property tax rebate agreement with Dubuque Stamping &
Manufacturing, Inc.
Recommendation
I recommend that the attached resolution adopting the Amended and Restated Urban
Renewal Plan be approved to support reinvestment efforts in the District.
Action Step
The Action Step for the City Council is to review and approve the resolution to adopt the
Amended and Restated Dubuque Brewing & Malting Urban Renewal Plan.
attachments
F: \USERS \Econ Dev \Urban Renewal \Brewing and Malting UR District\2013.1\2013.1 Memo for Public Hearing.docx
Prepared By: David Heiar ED Director City of Dubuque 50 W. 13th St. Dubuque, IA 52001 (563) 589 -4393
Return To: David Heiar ED Director City of Dubuque 50 W. 13th St. Dubuque, IA 52001 (563) 589 -4393
RESOLUTION NO. 170-13
A RESOLUTION APPROVING THE AMENDED AND RESTATED URBAN RENEWAL
PLAN FOR THE DUBUQUE BREWING & MALTING URBAN RENEWAL DISTRICT.
Whereas, on April 15, 2013 the City Council of the City of Dubuque, Iowa authorized
the preparation of an Amended and Restated Urban Renewal Plan (the "Plan ") for the
Dubuque Brewing & Malting Urban Renewal District (the "District "); and
Whereas, the City of Dubuque's primary objective in amending this Plan is to
provide opportunities for further redevelopment and reinvestment in the District; and
Whereas, a consultation process has been undertaken with affected taxing
entities in accordance with Chapter 403 of the Code of Iowa with no written objections
or recommended changes to the Plan received; and
Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa,
has held a public hearing on the proposed amended and restated Plan after public
notice thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the Amended and Restated Urban Renewal Plan for the
Dubuque Brewing & Malting Urban Renewal District, on file in the City Clerk's Office
and made reference to herein, be approved.
Section 2. That the City Clerk of the City of Dubuque, Iowa is hereby authorized
and directed to file a certified copy of the Resolution in the office of the Dubuque
County Recorder.
Passed, approved and adopted this 3rd day of June, 2013.
Attest:
• tOdy, 414
Kevi S. Firnstahl
City Clerk
F: \USERS \Econ Dev \Urban Renewal \Brewing and Malting UR District\2013.1\2013.1 Adoption Resolution.docx
Roy D. Buol
Mayor
Prepared by:
Return to:
Phil Wagner, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589 -4393
Kevin S. Firnstahl, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589 -4121
Amended and Restated
URBAN RENEWAL PLAN
Dubuque Brewing & Malting
Urban Renewal District
City of Dubuque, Iowa
This Amended and Restated Urban Renewal Plan provides for
the development of the Dubuque Brewing & Malting Urban
Renewal District, originally established by Resolution 301 -08
of the City Council of the City of Dubuque, Iowa on September
2, 2008 and amended by Resolution No. 170 -13 on June 3,
2013.
Version 2013.1
1
TABLE OF CONTENTS
A. INTRODUCTION 3
B. JUSTIFICATION FOR THE DESIGNATION 3
C. OBJECTIVES OF THE PLAN 3
D. DISTRICT BOUNDARIES 4
E. PUBLIC PURPOSE ACTIVITIES 4
F. DEVELOPMENT AND REDEVELOPMENT REQUIREMENTS 5
G. LAND ACQUISITION 5
H. FINANCING ACTIVITIES 6
I. STATE AND LOCAL REQUIREMENTS 8
J. DURATION OF APPROVED URBAN RENEWAL PLAN 8
K. SEVERABILITY 8
L. AMENDMENT OF APPROVED URBAN RENEWAL PLAN 8
M. ATTACHMENTS 9
2
URBAN RENEWAL PLAN
Dubuque Brewing & Malting Urban Renewal District
City of Dubuque, Iowa
A. INTRODUCTION
This AMENDED AND RESTATED URBAN RENEWAL PLAN (the "Plan ") has been
prepared to update the objectives and public purpose activities intended to stimulate
through public actions, financing and commitments, private investment within the Dubuque
Brewing and Malting Urban Renewal District (the "District. ") In order to achieve this
objective, the City of Dubuque shall undertake the urban renewal actions specified in this
Plan, pursuant to the powers granted to it under Chapter 403 of the Iowa Code Urban
Renewal Law and Chapter 15A of the Iowa Code.
B. JUSTIFICATION FOR THE DESIGNATION
The City Council of the City of Dubuque, Iowa has determined that the following
blighting conditions, as defined by Chapter 403 of the Iowa Code, Urban Renewal Law
exist within the District:
• Undeveloped and underdeveloped land;
• A preponderance of deteriorated, dilapidated and obsolete public and
private improvements;
• A faulty lot layout in relation to the size, adequacy and usefulness of the
lots;
• Fragmented property ownership patterns;
• A lack of public utilities; and
• An inadequate street layout.
The Council has declared by Resolution of Necessity No. 124 -13 on April 15, 2013 that
these factors have substantially impaired and arrested the sound growth of the City of
Dubuque and of the area comprising the District.
C. OBJECTIVES OF THE PLAN
The primary OBJECTIVES of the Plan are the development and redevelopment of the
District, through:
1. The conservation, restoration, renovation or rehabilitation of the historic
and architectural character of the District through the renovation and
rehabilitation of historic buildings, the use of appropriate construction
techniques, the coordinated administration of appropriate code
enforcement efforts and the maximization of all available financial and
technical resources;
3
2. The development of additional and improved parking opportunities in the
District supportive of the businesses and attractions located within its
boundaries and which accommodate the needs of its residents,
employees and visitors;
3. The creation of financial incentives necessary to encourage private
investment and reinvestment in the District;
4. The creation and retention of quality employment opportunities in the
District;
5. The expansion of the existing property tax base of the District; and
6. Provision of public infrastructure improvements supportive of full
development of the District;
D. DISTRICT BOUNDARIES
The District is located within the City of Dubuque, County of Dubuque, State of Iowa.
The District shall consist of the real property legally described as follows:
Lot 1 -1 -4, Lot 2 -1 -4, Lot 2 -4, Balance of Lot 4, Lot 5, Lot 2 -6, Lot 2 -7
and Lot 1 -1 -3 -8 all of Mineral Lot 322 in the City of Dubuque,
Dubuque County, Iowa; and Lots A, B, C, D, 3, 4, 5, 6, 7, 8, 9, 10, 11,
12 all in Liebe's Subdivision No. 2 in the City of Dubuque, Dubuque
County, Iowa; and Lot 1 -1, Lot 2 -1, Lot 2, Lot 3 and Lot 4 all in Liebe's
Subdivision No. 3 in the City of Dubuque, Dubuque County, Iowa; and
also including public right -of -way abutting thereto.
The boundaries of the District are delineated on the URBAN RENEWAL DISTRICT map
(Attachment A).
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.
E. PUBLIC PURPOSE ACTIVITIES
To meet the OBJECTIVES of this Plan, the City of Dubuque is prepared to initiate and
support development and redevelopment of the District through, among other things, the
following PUBLIC PURPOSE ACTIVITIES:
1. Improvement, installation, construction and reconstruction of streets, utilities
and other improvements and rights -of -ways;
4
2. Use of tax increment financing, loans, grants and other appropriate financial
tools in support of eligible public and private development and
redevelopment efforts; and
a.) This includes, but is not limited to i.) A previously approved property
tax rebate agreement with Dubuque Stamping & Manufacturing, Inc.
3. Enforcement of applicable local, state and federal laws, codes and
regulations.
The foregoing public purpose activities may be undertaken throughout the District.
All public purpose activities shall be conditioned upon and shall meet the restrictions and
limitations placed upon the District by the Plan.
F. DEVELOPMENT AND REDEVELOPMENT REQUIREMENTS
The LAND USE and PLANNING AND DESIGN CRITERIA set forth herein shall apply to
any and all District properties the preservation, conservation, development and /or the
redevelopment of which is assisted by the City through any of the PUBLIC PURPOSE
ACTIVITIES listed above.
1. Land Use
The intent of this Plan is to promote the preservation, conservation, development
and redevelopment of this neighborhood into residential, office, commercial and
industrial uses. All uses shall be regulated by the zoning district established for the
property.
LAND USE maps (Attachments B1 and B2) identify the existing and the proposed
land uses within the District.
2. Planning and Design Criteria
The planning criteria to be used to guide the physical development of the District are
those standards and guidelines contained within the City of Dubuque's Unified
Development Code and other applicable local, state and federal codes and
ordinances.
G. LAND ACQUISITION
1. Land Acquisition
The City does not intend to acquire any property within the District. However, the
City reserves the right to acquire, by negotiation or eminent domain, property rights
5
required for the construction or reconstruction of streets and public utilities, or any
other public facility or improvement.
H. FINANCING ACTIVITIES
To meet the OBJECTIVES of this Plan and to encourage the development of the District
and private investment therein, the City of Dubuque is prepared to provide financial
assistance to qualified industries and businesses through the making of loans or grants
under Chapter 15A of the Iowa Code and through the use of tax increment financing under
Chapter 403 of the Iowa Code.
1. Chapter 15A Loan or Grant
The City of Dubuque has determined that the making of loans or grants of public
funds to qualified industries and businesses is necessary to aid in the planning,
undertaking and completion of urban renewal projects authorized under this Plan
within the meaning of Section 384.24(3)(q) of the Iowa Code. Accordingly, in
furtherance of the objectives of this Plan, the City of Dubuque may determine to
issue bonds or loan agreements, in reliance upon the authority of Section 384.24A,
Section 384.24(3)(q), Section 403.12 (general obligation bonds) or Section 403.9
(tax increment bonds), for the purpose of making loans or grants of public funds to
qualified entities. Alternatively, the City may determine to use available funds for
the making of such loans or grants. In determining qualifications of recipients and
whether to make any such individual loans or grants, the City of Dubuque shall
consider one or more of the factors set forth in Section 15A.1 of the Iowa Code on a
case -by -case basis.
2. Tax Increment Financing
The City of Dubuque is prepared to utilize tax increment financing, authorized under
Iowa Code Section 403.19 and current City ordinance, as a means of financing
eligible costs incurred to implement the Public Purpose Activities identified in Part E
of this Plan. Bonds or loan agreements may be issued by the City under the
authority of Section 403.9 of the Iowa Code (tax increment bonds) or Section
384.24A, Section 384.24(3)(q) and Section 403.12 (general obligation bonds).
The City acknowledges that the use of tax increment revenues delays the ability of
other local taxing bodies to realize immediately the direct tax benefits of new
development in the District. The City believes, however, that the use of tax
increment revenues to finance new development in the District is necessary in the
public interest to achieve the OBJECTIVES of this Plan. Without the use of this
special financing tool, new investment may not otherwise occur or may occur within
another jurisdiction. If new development does not take place in Dubuque, property
values could stagnate and the City, County and School District may receive less
taxes during the duration of this Plan than they would have if this Plan were not
implemented.
6
Tax increment financing will provide a long -term payback in overall increased tax
base for the City, County and School District. The initial public investment required
to generate new private investment will ultimately increase the taxable value of the
District well beyond its existing base value.
Tax increment reimbursement may be sought for any of the eligible costs incurred
by the City in connection with any of the Public Purpose Activities described in
Section 3 of this Plan, including but not limited to the following:
a. Planning and administration of the Plan;
b. Construction of public infrastructure improvements, amenities and
facilities described in Section E of this Plan or otherwise contemplated by
the Plan within the District, including pre - development planning,
environmental assessment and remediation, feasibility analysis and
engineering costs;
c. Acquisition, installation, maintenance and replacement of public
improvements throughout the District; including but not limited to street
lights, benches, landscaping, and appropriate signage;
d. Loans or grants to qualified businesses under Chapter 15A of the Iowa
Code, including debt service payments on any bonds issued to finance
such loans or grants, for purposes of expanding the business or activity,
or other qualifying loan programs established in support of the Plan; and
e. Providing the matching share for a variety of local, state and federal
grants and loans.
3. Proposed Amount of Indebtedness
At this time, the extent of improvements and new development within the District
is only generally known. As such, the amount and duration for use of the tax
increment revenues for public improvements and/or private development can
only be estimated; however, the actual use and amount of tax increment
revenues to be used by the City for District activities will be determined at the
time specific development is proposed.
It is anticipated that the maximum amount of indebtedness which will qualify for
tax increment revenue reimbursement during the duration of this Plan, including
public improvements and private development assistance, will not exceed
$20,000,000.
The City of Dubuque's general obligation debt is $90,258,482 (a list of the
outstanding obligations is found as Attachment C) and the applicable
7
constitutional debt limit is $183,621,403 for the Fiscal Year ending June 30,
2014, which is the fiscal year immediately following the update of this Plan.
I. STATE AND LOCAL REQUIREMENTS
All provisions necessary to conform with state and local laws have been complied with by
the City of Dubuque in the implementation of this Plan and its supporting documents.
J. DURATION OF APPROVED URBAN RENEWAL PLAN
This Plan shall continue in effect until terminated by action of the City Council, but in no
event before the City of Dubuque has received full reimbursement from all incremental
taxes for its advances and principal and interest payable on all Tax Increment Financing or
general obligations issued to carry out the OBJECTIVES of the Plan. However, the use of
tax increment financing revenues by the City for the public purpose activities carried out
under this Plan shall be limited as deemed appropriate by the City Council and consistent
with all applicable provisions of law, including Chapter 403 of the State Code of Iowa.
The DEVELOPMENT AND REDEVELOPMENT REQUIREMENTS established, or as
amended from time to time by the City of Dubuque Zoning Ordinance, shall remain in effect
in perpetuity.
K. SEVERABILITY
In the event one or more provisions contained in this Plan shall be held for any reason to
be invalid, illegal, unauthorized or unenforceable in any respect, such invalidity, illegality,
lack of authorization or unenforceability shall not affect any other provision of this Plan and
this Urban Renewal Plan shall be construed and implemented as if such provision had
never been contained herein.
L. AMENDMENT OF APPROVED URBAN RENEWAL PLAN
This Plan may be amended from time to time to respond to development opportunities.
Any such amendment shall conform to the requirements of Chapter 403 of the Iowa Code,
Urban Renewal Law. Any change effecting any property or contractual right can be
effectuated only in accordance with applicable state and local law.
M. ATTACHMENTS
The following attachments are a part of this Plan and are on file at the Dubuque City
Clerk's Office:
A Urban Renewal District Map
B -1 Existing Land Use Map
B -2 Proposed Land Use Map
8
C List of Current General Obligation Debt
F: \USERS \Econ Dev \Urban Renewal \Brewing and Malting UR District\2013.1\2013.1 Brewing & Malting UR Plan.docx
9
CITY OF DUBUQIJE0
OFFICIAI- NOTICE
PUBLIC NOTICE is
hereby given that the
City Council of the City
of Dubuque, Iowa, will
hold a public hearing
on the 3rd day of June,
2013 at 6:30 p.m. in the
Historic Federal Build-
ing, City Council Cham-
bers (Second Floor),
350 West 6th Street,
Dubuque, ; Iowa, at
which meeting the City
Council will consider a
proposed amendment
to the Urban Renewal
Plan for the Dubuque
Malting and Brewing
Urban Renewal Dis-
trict:
The Dubuque Brewing
and Malting Urban Re-
newal District includes
the real property in the
City of Dubuque, legal-
ly described as follows:
Lot 1 -1 -4, Lot 2 -1 -4, Lot
2 -4, Balance of Lot 4,
Lot 5, Lot 2 -6, Lot 2 -7,
and Lot 1 -1 -3 -8 all of
Mineral Lot 322 in the
City of Dubuque, Dubu-
que County, Iowa; and
Lots A, B, C. D, 3, 4, 5, 6,
7, 8, 9, 10, 11, 12 all in
Liebe's Subdivision No.
2 in the City of Dubu-
que, Dubuque County,
I and Lot 1-1. lot
ow a;
2 -1, Lot 2 Lot 3 and Lot
4 all in Liebe's Subdivi-
sion No. 3 in the City of
Dubuque, Dubuque
County, Iowa; and also
including public right -
of -way abutting there-
to.
The Amended and
Restated Urban Renew-
al '!
Plan for the Dubuque
Brewing and ! Malting
Urban Renewal District
will allow the contin-
ued use of tax incre-
ment financing to pro-
mote economic devel-
opment activities in
the established urban
renewal area. The
amended plait will de-
scribe
the specific use
of tax increment funds,
reflecting the utiliza-
tion of tax rebates, the
creation of public infra-
structure, or other
planned expenditures.
At the meeting, the
City Council will re -'r
ceive oral and written
from any
resident or 'property
owner of said City to
above action. Writ -`
ten: comments regard -
ing the above public
may be sub-
mitted to the City
Clerk's Office on or be -'!
fore said time of public
hearing.
Copies of supporting
documents for the pub-
lic hearings are on file
in the City Clerk's Of-
fice, 50 W. 13th Street,
and may be viewed
during normal working
hours.
Any visual or hearing
impaired persons
needing special assis-
tance or persons with
special accessibility
needs should contact
the City Clerk's Office
at;(563) 589 -4120 or
TTY (563) 690 -6678 at
least 48 hours prior to
the meeting.
Published by order of
the City Council given'
on the 15th day of
April, 2013.
Kevin Firnstahl, CMc
City Clerk
5/24
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: May 24, 2013, and for which the charge is $31.13.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
, 20 / .
this
day of
‘zei
Notary Public in and for Dubuque County, Iowa.
n 'APIs(K.` ESf�
Number
Cn(;,;IESSiofS
1111111111111$111111M11 11
Doc ID: 007704080003 Type: GEN
Kind: RESOLUTION
Recorded: 06/06/2013 at 04:01:35 PM
Fee Amt: $17.00 Page 1 of 3
Dubuque County Iowa
Kathy Flynn Thurlow Recorder
Fi1e2013- 00009432
Prepared By: David Heiar ED Director City of Dubuque 50 W. 13th St. Dubuque, IA 52001 (563) 589 -4393
Return To: David Heiar ED Director City of Dubuque 50 W. 13th St. Dubuque, IA 52001 (563) 589 -4393
RESOLUTION NO. 170 =13
A RESOLUTION APPROVING THE AMENDED AND RESTATED URBAN RENEWAL
PLAN FOR THE DUBUQUE BREWING & MALTING URBAN RENEWAL DISTRICT.
Whereas, on April 15, 2013 the City Council of the City of Dubuque, Iowa authorized
the preparation of an Amended and Restated Urban Renewal Plan (the "Plan ") for the
Dubuque Brewing & Malting Urban Renewal District (the "District "); and
Whereas, the City of Dubuque's primary objective in amending this Plan is to
provide opportunities for further redevelopment and reinvestment in the District; and
Whereas, a consultation process has been undertaken with affected taxing
entities in accordance with Chapter 403 of the Code of Iowa with no written objections
or recommended changes to the Plan received; and
Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa,
has held a public hearing on the proposed amended and restated Plan after public
notice thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the Amended and Restated Urban Renewal Plan for the
Dubuque Brewing & Malting Urban Renewal District, on file in the City Clerk's Office
and made reference to herein, be approved.
Section 2. That the City Clerk of the City of Dubuque, Iowa is hereby authorized
and directed to file a certified copy of the Resolution in the office of the Dubuque
County Recorder.
c_k_c o n 00
Passed, approved and adopted this 3rd day of June, 2013.
Attest:
Kevi ' S. Firnstahl
City Clerk
F:\USERS \Econ De■\Urban Renewal \Brewing and Malting UR District\2013.1\2013.1 Adoption Resolution.docx
Roy D. Buol
Mayor
CERTIFICATE of the CITY CLERK
STATE OF IOWA
SS:
COUNTY OF DUBUQUE )
I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk
of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in
my possession or have access to the records of the proceedings of the City Council. I
do further state that the hereto attached Resolution No. 170 -13 is a true and correct
copy of the original.
In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque,
Iowa.
Dated at Dubuque, Iowa, on this 4th day of June, 2013.
Kevin •. Firnstahl, C C, C.
lerk