Loading...
Dubuque Industrial Center Economic Development District AmendmentMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager Dubuque kital All- America City II 111! 2012 SUBJECT: Amended and Restated Urban Renewal Plan for Dubuque Industrial Center Economic Development 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 Industrial Center Economic Development 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 Industrial Center Economic Development 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 Industrial Center Economic Development 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 an economic development 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 expenditures planned for FY2013- FY2014 that have not been included in previous plans. Those expenditures include: • Previously approved consultant work that will examine and identify future areas for acquisition and industrial park development. • Previously approved site work and grading associated with the development of the Dubuque Industrial Center, the Dubuque Industrial Center West and Dubuque Industrial Center South. • Previously approved development of road, water, wastewater, and storm water infrastructure associated with the development of the Dubuque Industrial Center, the Dubuque Industrial Center West and the Dubuque Industrial Center South. • Previously approved development of the Bergfeld recreational area, pond, and walking trail. • Previously approved site work and grading associated with the development of the Dubuque Industrial Center, the Dubuque Industrial Center West and Dubuque Industrial Center South. • General landscaping and maintenance expenses in public right -of -way and undeveloped land owned by the City of Dubuque. • Previously approved property tax rebate agreements with: o Leo A. Theisen and Theisen Supply, Inc.; o A.Y. McDonald Mfg. Co.; o Green Industrial Supply; o Walter Development, LLC and TM, Inc.; o Spiegel Family Realty Company; o Progressive Packaging, LLC; o ITC Midwest LLC; o Medline Industries, Inc.; o Art's -Way Vessels, Inc.; o Kendall /Hunt Publishing Company, Westmark Enterprises, Inc. and Great River Technologies, LLC.; o Chavenelle Warehouse Development, LLC and Theisen Supply, Inc.; o P &L Venture, LLC, and National Dentex; o Dubuque Screw Products, Inc.; o Giese Properties, LLC and Giese Manufacturing Company, Inc. (Phase I and II); o The McGraw -Hill Companies, Inc.; o Faley Properties, L.L.C. and Faley Enterprises, Inc.; o Malay Holdings, LLC, and Vanguard Countertops, Inc.; o Tri -State Industries; o Walter Development, LLC. • Previously approved agreements to sell bonds, leveraging tax increment financing on capital improvement for: o American Tank and Fabrication, Co. (formerly Vessel Systems, Inc.) for the development of a 31,000 square feet industrial manufacturing facility at 8025 Chavenelle Road. o The Adams Company for the development of a 50,000 square foot industrial facility at 8040 Chavenelle Road. • A contract for service with the Greater Dubuque Development Corporation to promote business retention and expansion, workforce development, new business recruitment and retail expansion in the District. Recommendation I recommend that the attached resolution adopting the Amended and Restated Urban Renewal Plan be approved to support investment 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 Urban Renewal Plan for the Dubuque Industrial Center Economic Development District. attachments F: \USERS \Econ Dev \Urban Renewal \Dubuque Industrial Center UR District\2013.1 DIC Urban Renewal Plan\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. 171 -13 A RESOLUTION APPROVING THE AMENDED AND RESTATED URBAN RENEWAL PLAN FOR THE DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT 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 Industrial Center Economic Development District (the "District "); and Whereas, the City of Dubuque's primary objective in amending this Plan is to provide opportunities for further development and investment in the Industrial Center; 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 Industrial Center Economic Development 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. City Clerk Roy D. Buol Mayor F: \USERS \Econ Dev \Urban Renewal \Dubuque Industrial Center UR District\2013.1 DIC Urban Renewal Plan\2013.1 Adoption Resolution.docx 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 Industrial Center Economic Development District City of Dubuque, Iowa This Amended and Restated Urban Renewal Plan provides for the continued development of the Dubuque Industrial Center Economic Development District, originally established by Resolution 130 -88 of the City Council of the City of Dubuque, Iowa on May 2, 1988 and thereafter amended and restated by Resolution 484 -90 on December 17, 1990, Resolution 142 -97 on April 7, 1997, Resolution 478 -97 on November 17, 1997, Resolution 15 -08 on January 7, 2008, Resolution 101 -08 on March 17, 2008, Resolution 109 -08 on April 7, 2008, Resolution 87 -11 on March 7, 2011, and Resolution No. 171 -13 on June 3, 2013. Prepared by the Economic Development Department. Version 2013.1 TABLE OF CONTENTS A. INTRODUCTION 3 B. OBJECTIVES 3 C. DISTRICT BOUNDARIES 4 D. PUBLIC PURPOSE ACTIVITIES 6 E. DEVELOPMENT & REDEVELOPMENT REQUIREMENTS 8 F. LAND ACQUISITION AND DISPOSITION 9 G. FINANCING ACTIVITIES 10 H. STATE AND LOCAL REQUIREMENTS 11 I. DURATION OF APPROVED URBAN RENEWAL PLAN 11 J. SEVERABILITY 13 K. AMENDMENT OF APPROVED URBAN RENEWAL PLAN 13 L. ATTACHMENTS 13 2 AMENDED and RESTATED DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT URBAN RENEWAL PLAN City of Dubuque, Iowa A. INTRODUCTION This AMENDED and RESTATED URBAN RENEWAL PLAN (the "Plan ") has been prepared to provide for the further development and redevelopment of the DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT (the "District ") first established by the City of Dubuque on May 2, 1988. Its intent is to stimulate economic development activities within the expanded District through the commitment of public actions as specified herein. 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. This Plan is an amendment and restatement of the Dubuque Industrial Center Economic Development District Urban Renewal Plan adopted by Resolution 130 -88 of the City Council of the City of Dubuque, Iowa on May 2, 1988 and subsequently amended by Resolution 484 -90 on December 17, 1990, Resolution 142 -97 on April 7, 1997, Resolution 478 -97 on November 17, 1997, Resolution 15 -08 on January 7, 2008, Resolution 101 -08 on March 17, 2008, Resolution 109 -08 on April 7, 2008, and Resolution 87 -11 on March 7, 2011. This Plan shall serve as a new urban renewal plan for the District described herein. The division of taxation authorized by Section 403.19 and the separation of incremental taxes as defined in Section 403.19(2) have been implemented in the existing area of the District (the different areas of the District are hereinafter referred to as Subareas). Under the terms of this Amended and Restated Plan, the tax increment mechanism shall be continued and implemented within the District. Incremental taxes shall continue to be determined separately with respect to each of the Subareas comprising the District, and when collected shall be applied, subject to such liens and priorities as may exist or be from time to time provided, with respect to the Amended and Restated Dubuque Industrial Center Economic Development District, as so amended. B. OBJECTIVES The primary objectives of the Plan are the development and redevelopment of the District for economic development activities, primarily industrial park development, through: 3 1. Provision of marketable industrial development sites for the purpose of job- creating economic development activities; 2. Provision of public infrastructure improvements, including sanitary sewer, water and stormwater detention, supportive of full development of the District; 3. Provision of a safe, efficient and attractive circulation system; 4. Establishment of design standards which will assure cohesive and compatible development and redevelopment of the District; 5. Provision of public amenities that provide an aesthetically appealing environment, including open space, buffering, landscaping, water features, signage and lighting to create a distinctive and attractive setting; 6. Creation of financial incentives necessary to encourage new and existing businesses to invest in the District; and 7. Expansion of the property tax base of the District. C. DISTRICT BOUNDARIES The District is located within the City of Dubuque, County of Dubuque, State of Iowa. The City of Dubuque believes that the objectives of the Plan can best be accomplished by defining the real property included within the District as five separate areas so as to distinguish the original District (Subarea A) from the subsequent expansion areas (Subareas B, C, D, and E). Subarea A of the District consists of the real property legally described as follows: • All of the Dubuque Industrial Center First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth and Eleventh Additions and the adjoining public right -of -way, all in the City of Dubuque, Dubuque County, Iowa. Subarea B of the District consists of the real property legally described as follows: • Lots 1, 3, 4, 1 of 5, 6 and H of Dubuque Industrial Center West; and • Lots 1, 2, 3, 4, 5, 6, 7, 8, and C of Dubuque Industrial Center West 2nd Addition; and • Lots 1, 2, 3, 4, B, and C of Dubuque Industrial Center West 4th Addition; and • Lots 1 of 1, 1 of 2, 2 of 2, 1 of 3, 2 of 3, 1 of 5, A, C, and D of Dubuque Industrial Center West 5th Addition; and • Lots 1, 2, and A of Dubuque Industrial Center West 6th Addition; and • Lots 1, 1 of 2, and 2 of 2 of Dubuque Industrial Center West 7th Addition; and 4 • Lot 2 of 1 of the Southwest Quarter of the Southwest Quarter and Lot 2 of 1 of the Southeast Quarter of the Southwest Quarter all in Section 30, Township 89 North, Range 2 East, 5th Principal Meridian; • and all that part of a 100 - foot -wide strip of the Chicago Central Pacific Railroad right -of -way lying in the SE 1/4 of Section 30, the SE 1/4 of the SW 1/4 of Section 30, the NW 1/4 of Section 31, and the NE 1/4 of Section 31 all in T89N, R2E, of the 5th P.M. Dubuque County, Iowa, the centerline of which is more particularly described as follows: beginning at a point of intersection with the easterly line of the SE 1/4 of Section 30, T89N, R2E, of the 5th P.M., thence southwesterly along the centerline of said railroad 2,700 feet, more or less a point of intersection with the westerly line of the SE 1/4 of said Section 30; thence southwesterly continuing along said centerline 845 feet, more or less, to a point where the railroad right -of -way widens to 200 feet, said point being the terminus of this description; and • all that part of a 100 - foot -wide strip of the Chicago Central Pacific Railroad right - of -way lying in the Balance of Lot 1 of 1 of the Southwest Quarter of the Southwest Quarter in Section 29, Township 89 North, Range 2 East, 5th Principal Meridian; and • any adjoining public street right -of -way all in the City of Dubuque, Dubuque County, Iowa. Subarea C of the District consists of the real property legally described as follows: • Lot 1 -1 NW 1 /4 -NE 1/4; Lot 2 of E 10 acres NE 1 /4 -NW 1/4; Lot 2 -1 NW 1 /4 -NE 1/4; Lot 2 NW 1/4-NE 1 /4; Lot 1 E 1/4 NE 1/4-NW 1/4; W 3/4 NE 1/4-NW 1/4; Lot 2 -1 SE 1 /4 -NW 1/4; Lot 1 -1 SE 1 /4 -NW 1/4; and the SW 1 /4 -NE 1/4 all in Section 30, Township 89 North, Range 2 East, 5th Principal Meridian; and any adjoining public street right -of -way in the City of Dubuque, Dubuque County. Subarea D of the District consists of the real property legally described as follows: • Lot 4 of Dubuque Industrial Center West 5th Addition, and Lot B of Dubuque Industrial Center West 5th Addition in the City of Dubuque, Iowa. Subarea E of the District consists of the real property legally described as follows: • 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. 5 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. D. PUBLIC PURPOSE ACTIVITIES To meet the OBJECTIVES of this Plan, the City of Dubuque has and expects to continue to initiate and support development and redevelopment of the District through, among other things, the following PUBLIC PURPOSE ACTIVITIES: 1. Acquisition of property for public improvements and private development; a.) These activities include, but are not limited to, previously approved consultant work that will examine and identify future areas for acquisition and industrial park development. 2. Demolition and removal of buildings and improvements not compatible with or necessary for industrial park development and all site preparation and grading required in connection with such development; a.) These activities include, but are not limited to, the previously approved site work and grading associated with the development of the Dubuque Industrial Center, the Dubuque Industrial Center West and Dubuque Industrial Center South. 3. Improvement, installation, construction and reconstruction of streets, utilities and other improvements and rights -of -ways including but not limited to the relocation of overhead utility lines, street lights, construction of railroad spur tracks, appropriate landscaping and buffers, parks and open space and signage; a.) These activities include, but are not limited to, the previously approved development of road, water, wastewater, and storm water infrastructure associated with the development of the Dubuque Industrial Center, the Dubuque Industrial Center West and the Dubuque Industrial Center South. b.) These activities include, but are not limited to, the previously approved development of the Bergfeld recreational area, pond, and walking trail. 4. Disposition of any property acquired in the District, including sale, initial 6 leasing or retention by the City itself, at its fair value; 5. Preparation of property for development and redevelopment purposes including but not limited to activities such as appraisals and architectural and engineering studies; b.) These activities include, but are not limited to, the previously approved site work and grading associated with the development of the Dubuque Industrial Center, the Dubuque Industrial Center West and Dubuque Industrial Center South. 6.) Maintenance of publicly utilized recreational and economic development areas; a.) These activities include, but are not limited to, general landscaping and maintenance expenses in public right -of -way and undeveloped land owned by the City of Dubuque. 7. Use of tax increment financing, loans, grants and other appropriate financial tools in support of eligible public and private development and redevelopment efforts; a.) These activities include, but are not limited to, previously approved property tax rebate agreements with: • Leo A. Theisen and Theisen Supply, Inc.; • A.Y. McDonald Mfg. Co.; • Green Industrial Supply; • Walter Development, LLC and TM, Inc.; • Spiegel Family Realty Company; • Progressive Packaging, LLC; • ITC Midwest LLC; • Medline Industries, Inc.; • Art's -Way Vessels, Inc.; • Kendall /Hunt Publishing Company, Westmark Enterprises, Inc. and Great River Technologies, LLC.; • Chavenelle Warehouse Development, LLC and Theisen Supply, Inc.; • P &L Venture, LLC, and National Dentex; • Dubuque Screw Products, Inc.; • Giese Properties, LLC and Giese Manufacturing Company, Inc. (Phase I and II); • The McGraw -Hill Companies, Inc.; • Faley Properties, L.L.C. and Faley Enterprises, Inc. • Malay Holdings, LLC, and Vanguard Countertops, Inc. 7 • Tri -State Industries • Walter Development, LLC. b.) These activities include, but are not limited to, previously approved agreements to sell bonds, leveraging tax increment financing on capital improvement for; • American Tank and Fabrication, Co. (formerly Vessel Systems, Inc.) for the development of a 31,000 square feet industrial manufacturing facility at 8025 Chavenelle Road. • The Adams Company for the development of a 50,000 square foot industrial facility at 8040 Chavenelle Road. 8. Enforcement of applicable local, state and federal laws, codes and regulations; 9. Enforcement of established design standards in furtherance of quality development; 10. Development and implementation of a marketing program for the purpose of promoting the purchase and development of industrial sites by private developers; 11. Coordination and cooperation with the improvement of Seippel Road as it affects Subarea B's accessibility to U.S. Highway 20. 12. Contracts with vendors to promote business retention, expansion, recruitment, and workforce development; a.) These activities include, but are not limited to, a contract for service with the Greater Dubuque Development Corporation to promote business retention and expansion, workforce development, new business recruitment and retail expansion in the District. Public purpose activities are limited to those areas delineated on the URBAN RENEWAL DISTRICT map (Attachment A). All public purpose activities shall be conditioned upon and shall meet the restrictions and limitations placed upon the District by the Plan. E. DEVELOPMENT & REDEVELOPMENT REQUIREMENTS The LAND USE and PLANNING AND DESIGN CRITERIA set forth herein shall apply to any and all District properties the development and /or the redevelopment of which is 8 assisted by the City through any of the PUBLIC PURPOSE ACTIVITIES listed above. 1. Land Use Subareas A, B, C, D, and E shall continue to be developed under the regulations of the existing Dubuque Industrial Center Planned Industrial District. The allowed uses provide for a mix of commercial and industrial land use activities within a quality industrial park setting. LAND USE maps (Attachments B -1 and B -2) identify the existing and the proposed land uses within Subareas A, B, C, D, and E. 2. Planning and Design Criteria The planning criteria to be used to guide the physical development of Subareas A, B, C, D, and E 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. a. Subarea A development will continue to be additionally governed by the Conditions of Development and Operation Documents of the Dubuque Industrial Center Planned Industrial District as amended from time to time. b. Subareas B, C, and D will develop under a PI Planned Industrial District ordinance as required by Section 16 -5 -24 of the City of Dubuque's Unified Development Code. Development will follow the Planned Unit Development regulations which require a conceptual development plan and specific design and performance standards to be approved by ordinance. c. Subarea E is intended to develop as an Industrial area similar to Subareas B, C, and D. F. LAND ACQUISITION AND DISPOSITION The City of Dubuque is prepared to acquire and dispose of property in support of the development and redevelopment of the District within the parameters set forth below. 1. Land Acquisition No land acquisitions are anticipated in the District at this time. 2. Land Disposition Publicly held land will be sold for the development of viable uses consistent with this Plan and not for purposes of speculation. 9 Land will be disposed of in accordance with the requirements set forth in Chapter 403 of the Iowa Code Urban Renewal Law. Developers will be selected on the basis of the quality of their proposals and their ability to carry out such proposals while complying with the requirements of this Plan. Developers will be required by contractual agreement to observe the Land Use Requirements and Planning and Design Criteria of this Plan. The contract and other disposition documents will set forth the provisions, standards and criteria for achieving the objectives and requirements outlined in this Plan. 3. Relocation Requirements No relocation is anticipated at this time. G. 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 businesses located within the District. 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 as a means of financing eligible costs incurred to implement the Public Purpose Activities identified in Part D of this Plan. Bonds, tax rebate agreements and \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 10 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 the development of new industrial land and to promote private investment 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. 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, among other things, the following costs to the extent they are incurred by the City: a. Planning and administration of the Plan; b. Construction of public infrastructure improvements and facilities within the District; c. Acquisition, installation, maintenance and replacement of public investments throughout the District including but not limited to street lights, landscaping and buffers, signage and appropriate amenities; d. Acquisition of land and /or buildings and preparation of same for sale or lease to private developers, including any "write down" of the sale price of the land and /or building; e. Preservation, conservation, development or redevelopment of buildings or facilities within the District to be sold or leased to qualified businesses; f. Loans or grants to qualified businesses under Chapter 15A of the Iowa Code, including tax rebate payments, 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 g. Providing the matching share for a variety of local, state and federal grants and loans. 11 h. Any of the costs incurred in connection with any of the PUBLIC PURPOSE ACTIVITIES described in Part D of this Plan. 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 acquisition, public improvements and private development assistance within the District, will not exceed $50,000,000. The City of Dubuque's current general obligation debt is $90,258,482 (a list of the outstanding obligations is found at Attachment C) and the applicable 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. H. 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. I. DURATION OF APPROVED URBAN RENEWAL PLAN 1. Subarea A This Plan shall continue in effect for Subarea A 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 of its advances and principal and interest payable on all Tax Increment Financing or general obligations issued to carry out the OBJECTIVES of the Plan. 2. Subareas B, C, D, and E This Plan shall continue in effect until terminated by the City Council; provided, however, that the collection of tax increment revenues from properties located in Subareas B, C, D, and E shall be limited as provided by law (currently twenty (20) years from the calendar year following the calendar year in which the City first certifies to the County Auditor the amount of any loans, advances, indebtedness or bonds which qualify for payment from the division of tax increment revenue provided for in Section 403.19 (tax increment financing) of the 12 Iowa Code.) 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. J. 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, unauthorization 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. K. 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. Any change effecting any property or contractual right can be effectuated only in accordance with applicable state and local law. L. ATTACHMENTS A Urban Renewal District Map B Land Use Maps B -1 Existing Land Use B -2 Proposed Land Use C List of General Obligation Debt F: \USERS \Econ Dev \Urban Renewal \Dubuque Industrial Center UR District\2013.1 DIC Urban Renewal Plan\2013.1 Urban Renewal Plan.docx 13 CITY OF ®avUBUQUE, IA oFFICL°AL NOTICE PUBLIC NOTICE is hereby given that the I f the City Iowa, will area. The amended plan will Ide City Counc� o e i y scribe the specific use of Dubuque, I ll of tax increment funds, hold a public hearing reflecting the utiliza on the 3rd day of +June, tion of tax rebates, the` 2013 at 6 :30 p.m. in the creation of public infra Historic' Federal Budd structure, or other ing, City Council Cham- planned expenditures. tiers (Second Floor), At the meeting,' he 350 West 6th Street, City Council will re Dubuque, Iowa; at ceiue oral and written which meeting the City ;comments from ?any Council will consider a resident or property proposed amendment owner of said City to to the Amended and the above action. Writ Restated Urban Renew- ten comments regard aI Plan for the Dubuque ing the above Public Industrial Center Eco hearing may be sub - nomic ! Development miffed to the City District. Clerk's Office on or'be- The Dubuque Industri fore said time of public al Center Economic De hearing. i velopment District has Copies of supporting general boundaries of documents for the pub - the Northwest Arterial iic hearings are on file to the east, along Cha- in the City Clerk's' Of- venelle Road to Seippel #ice, 50 W. 1,..E 3h Street, to the west, along In and may viewed novation Drive to Penn- during normal working Sylvania Avenue!to the hours. north, 'and along 5eip Any visual or hearing pel Road to the south impaired persons boundary lines of Lot H needing special assis -+ of Dubuque Industrial tance or persons with' Center West and Lot 1 special 'accessibility of Dubuque Industrial _ needs should contact Center West 2nd Addi- the City Clerk's Office tion in the City'; of Du- %at (563) 589 -4120` or buque TTY (563) 690 -6678 at The Amended and least 48 hours prior to Restated Urban Renew- the meeting. al Plan for the ` Dubu- Published by order of que Industrial ;Center 'the City Council given Economic Development on the 15th day of District will allow the April, 2013. continued use of tax in Kevin Firnstahl, crement financing to civic, City Clerk' promote economic de- t5/24 velopment activities in the established urban STATE OF IOWA DUBUQUE COUNTY {SS: 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 $29.15. Subscribed to before me, . `Notary Public in and for Dubuque County, Iowa, ,20 / . Notary Public in and for Dubuque County, Iowa. '.GARY K.`E Comin, „gar; 0..i,m er ;i IIIIIIIIIIIIIIIIIIIIIIIIIIIIII!IIIIIIIIIIII1jjIIIIIIIJllhII!IIIIiiiiiiiiiiiiJiii iii iiiii iiii Jill Doc ID: 007704090003 Type: GEN Kind: RESOLUTION Recorded: 06/06/2013 at 04:02:00 PM Fee Amt: $17.00 Pape 1 of 3 Dubuque County Iowa Kathy Flynn Thurlow Recorder F11e2013- 00009433 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. 171 -13 A RESOLUTION APPROVING THE AMENDED AND RESTATED URBAN RENEWAL PLAN FOR THE DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT 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 Industrial Center Economic Development District (the "District "); and Whereas, the City of Dubuque's primary objective in amending this Plan is to provide opportunities for further development and investment in the Industrial Center; 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 Industrial Center Economic Development 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: Kevin i Firnstahl City Clerk Roy D. Buol Mayor F: \USERS \Econ Dev \Urban Renewal \Dubuque Industrial Center UR District\2013.1 DIC Urban Renewal Plan\2013.1 Adoption Resolution.docx 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. 171 -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, CMC, City Clerk