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Downtown Urban Renewal Urban Renewal District AmendmentTHE CITY OF Dui Masterpiece 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 the Greater Downtown 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 Greater Downtown Urban Renewal District. The amendment will expand the District to include the Harrison Street Subarea, as well as 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,„709,,, 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 the Greater Downtown 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 Greater Downtown Urban Renewal District. The proposed amendment would expand the District to include the Harrison Street Subarea as well as 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 proposed expansion area met the definition of a blighted area under state law, and was appropriate for urban renewal activities. Staff has prepared an Amended and Restated Urban Renewal Plan for the area 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. The Plan was reviewed by the Long Range Planning Commission on May 15, 2013. The Long Range Planning Commission has forwarded its recommendation to the City Council affirming that the Plan is consistent with the City's Comprehensive Plan for development. Discussion The amendments to the Urban Renewal Plan will expand the district to include the Harrison Street subarea (see Attachment A of the Urban Renewal Plan for a map). The amendment would provide this area access to the tools and incentives available to urban renewal district properties, including tax increment financing and various downtown rehabilitation grants. Additionally, 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 -14 that have not been included in previous plans. Those expenditures include: • Previously approved design, engineering and renovation of the Carnegie Stout Public Library. • Previously approved design, engineering, and construction of the Multi- Cultural Family Center, in the location formerly known as the Kephardt's building. • Previously approved design, engineering and rehabilitation of the former U.S. Federal Building. • Previously approved design, engineering, land and right of way acquisition, environmental remediation and construction of the Grand River Center Convention Center Facility. • Previously approved design, engineering, land and right of way acquisition and construction of the Bell Street extension and associated landscaping and streetscapes. • Previously approved design, engineering and architectural fees associated with the restoration of the historic shot tower. • Resurfacing of White Street from 11th Street to 21st Street, and 21st Street, from White Street to Central Avenue, for a total estimated cost of $1,080,000 anticipated in Fiscal Year 2014. • Reconstruction of a retaining wall near the intersection of 18th Street and Central Avenue, at the site of the former Engine House No. 1, for an estimated cost of $368,000 anticipated in Fiscal Year 2014. • Replacements of street lights for an estimated cost of $230,000 between Fiscal Year 2014 and Fiscal 2015. • The potential repayment of development expenses associated with the relocation of Eagle Window and Door Inc. • Repayments on loans from the General Fund for the Downtown Parking Ramp Shuttle Service. • General landscaping and maintenance associated with the Bee Branch Creek Restoration Project. • 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. • A property tax rebate with Wilmac Property Company, using tax increment financing to generate approximately $285,200, on an estimated $920,000 in taxable value improvements over a ten year period. 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 Greater Downtown Urban Renewal Plan. attachments F: \USERS \Econ Dev \Urban Renewal \Greater Downtown UR District\2013.1 Amendment\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.173 -13 A RESOLUTION APPROVING THE AMENDED AND RESTATED URBAN RENEWAL PLAN FOR THE GREATER DOWNTOWN 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 Greater Downtown 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 downtown; and Whereas, the Long Range Planning Commission has reviewed the proposed Plan and has found that said document is consistent with the Comprehensive Plan for the development of the City of Dubuque as a whole and has transmitted its findings to the City Council; 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 Greater Downtown 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: Kevin .. Firnstahl City Clerk Roy D. Buol Mayor F: \USERS\Econ Dev \Urban Renewal \Greater Downtown UR District\2013.1 Amendment\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 Greater Downtown Urban Renewal District (A merger of the Downtown Dubuque, Ice Harbor, Kerper Boulevard, East 7th Street and Quebecor Urban Renewal Districts) City of Dubuque, Iowa This Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District traces its beginnings to the merger of the Downtown Urban Renewal Area Project Number Iowa R -15, originally established by Resolution 123 -67 by the City Council of the City of Dubuque, Iowa on May 18, 1967 and subsequently amended and restated by Resolution 79 -71 on March 15, 1971, by Resolution 73 -74 on March 11, 1974, by Resolution 107 -82 on May 3, 1982, by Resolution 191 -84 on June 25, 1984, by Resolution 371 -93 on December 6, 1993, by Resolution 145 -94 on May 2, 1994, by Resolution 479 -97 on November 17, 1997, by Resolution 476 -98 on October 19, 1998 and by Resolution 187 -02 on April 1, 2002, with the Ice Harbor Urban Renewal District, originally established by Resolution 403 -89 of the City Council of the City of Dubuque, Iowa on December 18, 1989 and subsequently amended and restated by Resolution 241 -00 on June 5, 2000 and by Resolution 114 -02 on March 4, 2002. The Urban Renewal Plan for the Greater Downtown Urban Renewal District resulting from that merger was later amended by Resolution 170 -04 on April 19, 2004, by Resolution 391- 06 on August 21, 2006, by Resolution 108 -07 on February 20th, 2007, by Resolution 597 -07 on December 17, 2007, by Resolution 300 -08 on September 2, 2008, by Resolution 393 -09 on October 5, 2009, and by Resolution 26 -10 on July 19, 2010. On May 2, 2011 the Kerper Boulevard Industrial Park Economic Development District originally established by Resolution 274 -94 on August 15, 1994 and the East 7th Street Economic Development District, originally established by Resolution 144 -97 on April 7, 1997 were merged into and became part of the Greater Downtown Urban Renewal District, pursuant to Resolution 155 -11 approved on May 2, 2011. The Quebecor Economic Development District, originally established by Resolution 479 -02 on September 16, 2002, was merged into and became part of the Greater Downtown Urban Renewal District pursuant to Resolution 271 -12 approved on October 1, 2012. The Urban Renewal Plan for the Greater Downtown Urban Renewal District resulting from that merger and amendment was thereafter amended and restated by Resolution No. 173 -13 on June 03, 2013. TABLE OF CONTENTS A. INTRODUCTION 3 B. JUSTIFICATION FOR THE DESIGNATION 3 C. OBJECTIVES OF THE PLAN 4 D. DISTRICT BOUNDARIES 5 E. PUBLIC PURPOSE ACTIVITIES 5 F. DEVELOPMENT AND REDEVELOPMENT REQUIREMENTS 11 1. LAND USE: 11 2. PLANNING AND DESIGN CRITERIA: 13 G. LAND ACQUISITION AND DISPOSITION 14 H. RELOCATION REQUIREMENTS 14 I. FINANCING ACTIVITIES 14 J. STATE AND LOCAL REQUIREMENTS 16 K. DURATION OF APPROVED URBAN RENEWAL PLAN 16 L. SEVERABILITY 17 M. AMENDMENT OF APPROVED URBAN RENEWAL PLAN 17 N. ATTACHMENTS 17 2 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 combined and expanded area known as the Greater Downtown 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. Under this Plan, the District also is being expanded to create a new Harrison Street Subarea. This Plan shall serve as a new urban renewal plan for the amended District described herein. The Plan shall be viewed as a single plan for purposes of fulfilling the objectives of the Plan. The separate subareas of the Plan will be maintained and observed for those purposes which are aided by or in need of the division, but the combined and expanded area comprising the District shall be treated together for planning and redevelopment purposes. The division of taxation and the separation of incremental taxes authorized by Iowa Code Section 403.19 have been implemented in the existing subareas of the District and will be implemented in the new Harrison Street Subarea. Under the terms of this Plan and conforming amendments to the applicable tax increment ordinances, the tax increment mechanism described in Iowa Code Section 403.19 shall continue to apply to the territory within the District as currently provided. Incremental taxes shall be determined separately with respect to each subarea of 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 District and Plan, as amended. 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 in the Bluff Street, Cable Car, South Bluff, South Port, Chaplain Schmitt, Ice Harbor A, Ice Harbor B, Ice Harbor C, Industrial Harbor, Old Main, South Main, Town Clock, Town Clock Expansion, Upper Main, Warehouse, Washington Neighborhood, and Harrison Street Subareas: • Undeveloped and underdeveloped land that substantially impairs or arrests the sound growth of the City of Dubuque; • A substantial number of deteriorated, dilapidated and obsolete public and private improvements; • Faulty lot layouts in relation to the size, adequacy and usefulness of the lots; • Fragmented property ownership patterns; • A lack of public utilities; • An inadequate street layout.; and 3 • Insanitary and unsafe conditions. The City Council has also determined that a need exists for the development of commercial and industrial enterprises, and that public improvements related to housing and residential development are needed to enhance and encourage economic development activities within the District in the East 7th Street, Industrial Harbor, South Main, Warehouse, Kerper, North Kerper, and Quebecor subareas. The Council has declared by Resolution of Necessity No. 207 -12 on August 6, 2012, 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: 1. The creation of a thriving central business district, riverfront district, and downtown neighborhoods with a compatible mix of viable commercial /retail, office, financial, residential, cultural, recreational and educational activities; 2. The development of an adequate support system and public infrastructure for new and expanding river - related and other tourism activities; 3. The conservation, restoration, renovation or rehabilitation of the historic and architectural character of the District through the renovation and rehabilitation of historic buildings, the establishment of design standards to ensure cohesive and compatible development and redevelopment, the use of appropriate construction techniques, the coordinated administration of appropriate code enforcement efforts and the maximization of all available financial and technical resources; 4. The creation of a safe, healthy and attractive physical environment through the construction or installation of necessary infrastructure and other public improvements or actions supportive of the District; 5. The creation of a safe, efficient, and attractive circulation system for both pedestrian and vehicular traffic; 6. 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; 7. The creation of financial incentives necessary to encourage private investment and reinvestment in the District; 8. The creation and retention of quality employment opportunities in the District; 4 9. The expansion of the existing property tax base of the District; and. 10. The creation and development of additional housing units and residential opportunities in the District, and an increase in the level of homeownership in the District D. DISTRICT BOUNDARIES The District is located within the City of Dubuque, County of Dubuque, State of Iowa. The District includes twenty -one separate subareas that have resulted primarily from prior urban renewal plans and expansions of the same within the District. These Subareas include the Town Clock Subarea, the Town Clock Expansion Subarea, the Old Main Subarea, the Upper Main Subarea, the Ice Harbor Subarea A, the Ice Harbor Subarea B, the Ice Harbor Subarea C, the Warehouse Subarea, the South Main Subarea, the South Port Subarea, the Cable Car Subarea, the Bluff Street Subarea, the South Bluff Street Subarea, the Washington Neighborhood Subarea, the Chaplain Schmitt Subarea, the Industrial Harbor Subarea, the East 7th Street Subarea, the Kerper Boulevard Subarea, the North Kerper Boulevard Subarea, the Quebecor Subarea and the Harrison Street Subarea. Despite this subdivision of the District, this Plan shall be viewed as a single plan and shall be applied to all Subareas for purposes of fulfilling the objectives of the Plan. The descriptions of the boundaries for each Subarea are attached as Attachment E to this Plan. The boundaries of the District and the Subareas are delineated on the Subarea Map (Attachment A; also on file at the Dubuque City Clerk's Office). 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 has and expects to continue development and redevelopment of the District through the following PUBLIC PURPOSE ACTIVITIES: 1. Pre - development planning, including but not limited to activities such as appraisals, architectural and engineering studies, environmental assessment and remediation, and feasibility analysis; a.) These activities include, but are not limited to, the funding of planning and design grants, offering a maximum of $10,000 in 50% matching funds for property owners per rehabilitation project to offset costs associated with hiring architects, engineers or other professional services. 5 2. Provision of technical support to property owners, businesses and organizations in support and furtherance of the Plan; a.) These activities include, but are not limited to, the funding of financial consultant grants, offering a maximum of $15,000 in 50% matching funds for property owners per rehabilitation project to offset costs associated with hiring a financial consultant. 3. Use of tax increment financing, loans, forgivable loans, grants and other appropriate financial tools in support of eligible public purpose activities, including public and private conservation, preservation, development and redevelopment efforts including the adaptive re -use of existing structures and code compliance; a.) These activities include, but are not limited to, the funding of downtown rehabilitation loans, offering a maximum of $300,000 per building in a three percent interest loan amortized over twenty years, for qualified downtown rehabilitation work. A total of $2,000 may be forgiven off of the loan for the creation of each housing unit or full -time job. 4. Preparation of property for conservation, preservation, rehabilitation, development and redevelopment purposes; a.) These activities include, but are not limited to, the funding of a downtown housing incentive program in the Washington Neighborhood Subarea (including Bluf,West Locust), a building incentive and rehabilitation program in the Warehouse Subarea, and a building incentive and rehabilitation program that collectively provide a grant of up to $10,000 per rental residential rental unit, or $15,000 per owner - occupied residential unit for the rehabilitation of existing structures to create new market -rate housing. 5. Development and implementation of programs for the repair, restoration, and renovation of historic and non - historic buildings and related improvements, and the rehabilitation, restoration, and renovation of historic and non - historic buildings for public and governmental uses; a.) These activities include, but are not limited to, the funding of facade grants, offering a maximum of $10,000 in 50% matching funds for property owners per rehabilitation project to offset costs associated with front or rear facade improvements b.) These activities also include, but are not limited to, the funding of facade grants, offering a maximum of $30,000 in 66% (two- thirds) matching funds, and an additional $20,000 in 50% matching funds, for commercial property owners in the Washington Neighborhood Subarea per rehabilitation project to offset costs associated with front or rear facade improvements. c.) These activities also include, but are not limited to, the previous acquisition and 6 installation of new air conditioning units at the Mystique Community Ice Center, as well as electrical improvements, and the purchase of a generator and transfer switch for the Mystique Community Ice Center, the purchase of ice decking for the Mystique Community Ice Center, and the purchase of a power factor correction device for the Mystique Community Ice Center. d.) These activities also include, but are not limited to, the previously approved design, engineering and renovation of the Carnegie Stout Public Library. e.) These activities also include, but are not limited to the previously approved design, engineering, and construction of the Multi- Cultural Family Center, in the location formerly known as the Kephardt's building. f.) These activities also include, but are not limited to, the previously approved design, engineering and rehabilitation of the former U.S. Federal Building. 6. Improvement, installation, construction and reconstruction of public facilities and improvements including but not limited to structured parking facilities, other parking facilities, rail spurs (including relocation or elimination), streets, alleys, utilities, convention facilities, Riverwalk and Harborwalk improvements and amenities, boat docks, dredging and other river - related improvements; a.) These activities include, but are not limited to the previously approved design, engineering, land and right of way acquisition, environmental remediation and construction of the Grand River Center Convention Center Facility. b.) These activities also include, but are not limited to the previously approved design, engineering, land and right of way acquisition and construction of the Bell Street extension and associated landscaping and streetscapes. c.) These activities also include, but are not limited to the previously approved design, engineering and architectural fees associated with the restoration of the historic shot tower. d.) These activities also include, but are not limited to, the previously approved design, engineering, land, right of way acquisition and construction of parking improvements reaching an estimated amount of $2,775,000 in Fiscal Year 2014 for facilities that are both planned and exist currently. The City also intends to refinance current obligations to construct parking facilities within the District to achieve savings and to allow flexibility with regard to public /private parking arrangements that will promote economic development and job growth within the region. e.) These activities also include, but are not limited to, design, engineering, and construction of sidewalks at the McAleece Park and Recreation Complex. f.) These activities also include, but are not limited to, the resurfacing of White 7 Street from 11th Street to 21st Street, and 21st Street, from White Street to Central Avenue, for a total estimated cost of $1,080,000 anticipated in Fiscal Year 2014. 7.) Improvement, installation, construction and reconstruction of other public improvements including but not limited to the relocation of overhead utility lines, installation of street lights, construction of public restrooms and water foundations, installation of benches and other streetscape amenities, landscaping and signage; a.) These activities include, but are not limited to, design, engineering, and construction of passenger rail platform. b.) These activities also include, but are not limited to previously approved design, engineering, and construction of a restroom near the intersection of 5th and Bluff Street that is compliant with the Americans with Disabilities Act, providing an accessible restroom for retail shoppers and all those visiting the area and the nearby tourist attractions. c.) These activities also include, but are not limited to, the funding of 25% matching grants, up to $5,000, for streetscape improvements in the City's five historic districts. d.) These activities also include, but are not limited to, the reconstruction of a retaining wall near the intersection of 18th Street and Central Avenue, at the site of the former Engine House No. 1, for an estimated cost of $368,000 anticipated in Fiscal Year 2014. e.) These activities also include, but are not limited to, the replacements of street lights for an estimated cost of $230,000 between Fiscal Year 2014 and Fiscal 2015. 8. Acquisition of property through negotiation or eminent domain for public improvements or private development and redevelopment purposes, public or private use; a.) These activities include, but are not limited to, the buyout of a leasehold interest held by Bowling and Beyond, Inc. on the City owned property at 1860 Hawthorne Street and subsequent renovation, repair or demolition of the same, as determined by the City Council for private redevelopment and use. 9. Disposition of land and /or buildings through sale or lease; a.) These activities include, but are not limited to, a potential lease agreement for 4.56 acres on the City -owned property at 1860 Hawthorne Street. b.) These activities also include, but are not limited to, development expenses associated with the relocation of Eagle Window and Door Inc. 8 10. Relocation or elimination of existing private improvements in connection with other public purpose activities; 11. Provision of transportation services; a.) These activities include, but are not limited to, the Downtown Parking Ramp Shuttle Service. 12. Demolition and clearance of deteriorated, obsolescent and blighting structures and other improvements, including but not limited to site preparation for redevelopment purposes, and maintenance of publically utilized recreational or economic development areas; a.) These activities include, but are not limited to, the potential demolition and clearance of structures at 1860 Hawthorne Street. b.) These activities also include, but are not limited to, general landscaping and maintenance expenses associated with the Bee Branch Creek Restoration Project. 13. Enforcement of applicable local, state and federal laws, codes and regulations. a.) These activities include, but are not limited to, the funding of an assistance program for property owners that provide a 50% matching grant of up to $5,000, after tax credits, to make their buildings compliant with the Americans with Disabilities Act. 14.) 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. 15.) Direct assistance to businesses to incentivize private investment and job growth: a.) These activities include, but are not limited to, property tax rebate agreements with: • Rousselot, Inc., using tax increment financing to generate approximately $179,955 on an estimated $580,500 in taxable value improvements over a ten year period. • Quebecor, using tax increment financing to generate approximately $26,400 on an estimated $387,840 in taxable value improvements over the remaining two year period. • Wilmac Property Company, using tax increment financing to generate approximately $285,200, on an estimated $920,000, in taxable value 9 improvements over a ten year period. b.) These activities also include, but are not limited to, future property tax rebates or the sale of bonds to leverage tax increment financing on a capital investment by: • Mid America Holdings, LLC for a mixed use development at 1079 Elm Street. • Wilmac Property Company, for a mixed use development at 1000 Jackson Street. • 210 Jones, LLC for a mixed use development at 210 Jones Street. c.) These activities also include, but are not limited to, previously approved property tax rebate agreements with: • 44 Main, LLC; • 73 CHS Forwards, LLC; • Bonson Block, LLC; • Caradco Building, LLLP; • Cottingham & Butler, Inc.; • Engine House — Dubuque Initiatives; • Flexsteel Industries, Inc; • Franklin investments, LLC; • German Bank Building, LLLP; • Hartig Realty III, LLC; • HJD Landlord, LLC; • Dubuque Initiatives; • Interstate Building, LLLP; • McGraw Hill Companies, Inc.; • Morrison Brothers; • Nottingham Properties, LLC; • The Plastic Center, Inc.; • Port of Dubuque Adams Dev, LLC; • Port of Dubuque Brewery Dev, LLC; • Spahn and Rose Lumber Co.; • The Victory Cafe; • Heartland Financial USA, Inc.; • Highway 151 & 61. d.) These activities also include, but are not limited to, previously approved agreements to sell bonds, leveraging tax increment financing on capital improvements for; • Lower Main, LLC for the development of a five -story office building at 137 Main Street. • 40 Main, LLC for the development of three -story building with residential and commercial uses at 40 Main Street. The foregoing public purpose activities may be undertaken throughout the District and 10 are not limited to specific subareas. 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. Attachment B -1 and B -2 identify the existing and proposed land uses within the Greater Downtown Urban Renewal District. 1. LAND USE: a. Town Clock Subarea: The intent of this Plan is to promote the preservation, conservation, development and redevelopment of a functional, attractively developed environment to further existing office, financial, commercial /retail, cultural, educational, personal and professional services and residential activities within the Town Clock Subarea. The continued development and enhancement of those land uses permitted within the Downtown Commercial Business District (C -4), the Business District (C -5) and the Office Residential (OR) zones of the City of Dubuque's Zoning Ordinance are encouraged. b. Town Clock Expansion Subarea: The intent of this Plain is to promote the preservation, conservation, development and redevelopment of a functional, attractively developed environment to further existing office, financial, commercial /retail, cultural, educational, personal and professional services and residential activities within the Town Clock Expansion Subarea. The continued development and enhancement of those land uses permitted within the Downtown Commercial Business District (C -4), the Business District (C -5) and the Office Residential (OR) zones of the City of Dubuque's Zoning Ordinance are encouraged. c. Old Main Subarea: The intent of this Plan is to promote private investment and reinvestment in a variety of commercial /retail, entertainment and residential uses while furthering existing commercial /retail, personal and professional services, entertainment and residential activities within the Old Main Subarea. The continued development and enhancement of those land uses permitted within the Downtown Commercial Business District (C -4) and Business District (C -5) zones of the City of Dubuque's Zoning Ordinance are encouraged. 11 d. Upper Main Subarea: The intent of this Plan is to promote the preservation, conservation, development and redevelopment of this downtown neighborhood of residential, office and commercial /retail uses. The continued development and enhancement of those land uses permitted within the Downtown Commercial Business District (C -4), the Business District (C -5), the Office Residential (OR) and Office Service (OS) zones of the City of Dubuque's Zoning Ordinance are encouraged. e. Ice Harbor Subareas A, B, and C: The intent of this plan is to encourage a mix of residential, commercial /retail, recreational and educational uses in these Subareas. An adopted Planned Unit Development ordinance shall regulate land uses and zoning the Ice Harbor Subareas A, B and C. f. Warehouse Subarea: The intent of this Plan is to promote the preservation, conservation, development and redevelopment of this downtown neighborhood for residential, office and commercial /retail uses. g. South Main Subarea: The intent of this Plan is to promote the preservation, conservation, development and redevelopment of this downtown neighborhood for residential, office and commercial /retail uses. h. South Port Subarea: The intent of this plan is to encourage a mix of residential, commercial /retail, recreational and educational uses in this Subarea. An adopted Planned Unit Development ordinance shall regulate land uses and zoning in a portion of the Subarea. Cable Car Subarea: The intent of this Plan is to promote the preservation, conservation, development and redevelopment of this downtown neighborhood for residential, office and commercial /retail uses. j. Bluff Street Subarea: The intent of this Plan is to promote the preservation, conservation, development and redevelopment of this downtown neighborhood for residential, office and commercial /retail uses. k. South Bluff Street Subarea: The intent of this Plan is to promote the preservation, conservation, development and redevelopment of this downtown neighborhood for residential, office and commercial /retail uses. Kerper Boulevard, Washington Neighborhood, Industrial Harbor, East 7th Street, and Chaplain Schmitt Subareas: The intent of this Plan is to promote the preservation, conservation, development and redevelopment of these downtown neighborhoods for residential, office, commercial /retail, and industrial uses. 12 m. North Kerper Boulevard and Quebecor Subareas: The intent of this Plan is to promote the preservation, conservation, development and redevelopment of these downtown neighborhoods for office, commercial and industrial uses. n. Harrison Street Subarea: The intent of this Plan is to promote the preservation, conservation, development and redevelopment of a functional, attractively developed environment to promote office, commercial and industrial uses. 2. PLANNING AND DESIGN CRITERIA: a. Town Clock, Town Clock Expansion, Old Main, Upper Main, Warehouse, South Main, Cable Car, Bluff Street, and South Bluff Street Subareas: The planning and design criteria to be used to guide the physical development and redevelopment of the Town Clock, Old Main, Upper Main, Warehouse, South Main, Bluff Street, and South Bluff Street Subareas are those standards and guidelines contained within the City of Dubuque's Unified Development Code, Downtown Design Guidelines, and other applicable local, state and federal codes and ordinances subject to the conditions contained in this subsection. b. Ice Harbor Subareas A, B, C and South Port: The planning and design criteria to be used to guide the physical development and redevelopment of the Ice Harbor Subareas A, B, C and South Port shall be the Port of Dubuque Master Plan Design Standards attached hereto as Attachment C, which is on file at the Dubuque City Clerk's Office as well as the City of Dubuque's Unified Development Code. c. North Kerper Boulevard, Quebecor, Kerper Boulevard, Washington Neighborhood, Industrial Harbor, East 7th Street, Chaplain Schmitt and Harrison Street Subareas: The planning and design criteria to be used to guide the physical development and redevelopment of the North Kerper Boulevard, Kerper Boulevard, Quebecor, Washington Neighborhood, Industrial Harbor, East 7th Street, Chaplain Schmitt, and Harrison Street Subareas 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 subject to the conditions contained in this subsection. d. Historic Preservation Commission Review: Additionally, the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Structures shall be used to guide the exterior modifications of historic and architecturally significant properties financed in whole or in part by the City of Dubuque and the improvement, installation, construction or reconstruction of public improvements in the District. Said projects may be reviewed by the Historic Preservation Commission for compliance with the above referenced standards. e. Off - Premise Signage: No off - premise signage shall be allowed in the Ice Harbor Subareas A and B. 13 f. Overhead Utility Lines: No new overhead utility lines shall be installed within the District where underground placement is feasible. G. 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: The City may acquire property for private development or redevelopment by contractual agreement or by right of eminent domain. The City reserves the right to acquire, by negotiation or eminent domain, property rights required for the construction or reconstruction of streets and public utilities, or any other public facility or improvement. No properties currently are identified for acquisition in this Plan. 2. Land Disposition: Publicly held land will be sold or leased for the development of viable uses consistent with this Plan, and not for purposes of speculation. Land will be disposed of in accordance with the requirements set forth in Chapter 403 of the Iowa Code Urban Renewal Law. Developers and redevelopers 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 and redevelopers 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. H. RELOCATION REQUIREMENTS Relocation assistance in accordance with applicable provisions of Chapter 316 of the Iowa Code, Highway Relocation Assistance Law, will be provided in the event that an existing business or residence is displaced by publicly supported development or redevelopment activities. I. FINANCING ACTIVITIES To meet the OBJECTIVES of this Plan and to encourage the development and redevelopment of the District and private investment therein, the City of Dubuque is prepared to provide financial assistance to qualified industries, businesses and housing developers 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, businesses and housing developers 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 14 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 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, 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 Section 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 the public improvements 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 any of the eligible costs incurred by the City in connection with any of the Public Purpose Activities described in Section E of this Plan, including but not limited to the following: a. Planning and administration of the Plan; b. Construction of any of the public 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, appropriate signage and rest rooms; 15 d. Acquisition of land and /or buildings and preparation of same for sale 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 qualifying for - profit and not - for - profit organizations, developers and businesses; f. Loans or grants to qualified entities 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 g. Providing the matching share for a variety of local, state and federal grants and loans. h. Any of the costs incurred in connection with any of the PUBLIC PURPOSE ACTIVITIES described in Part E 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, and approved by the City Council. 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, will not exceed $130,000,000. The City of Dubuque's current obligation debt is $90,258,482 (a list of the outstanding obligations is found as Attachment D) 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 J. 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. K. 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 16 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. The East 7th Street, Kerper, North Kerper, and Quebecor Subareas are currently subject to a statutory limitation on the collection of tax increment revenue from those Subareas. 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. L. 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 Plan shall be construed and implemented as if such provision had never been contained herein. M. 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. N. ATTACHMENTS The following attachments are a part of this Plan and are on file at the Dubuque City Clerk's Office: A Subarea Map B Land Use Maps B -1 Existing Land Use Map B -2 Proposed Land Use Map C Port of Dubuque Master Plan Design Standards D List of General Obligation Debt E District Boundary Description by Subarea F:IUSERS\Econ Dev\Urban Renewal\Greater Downtown UR District12013.1 Amendment12013.1 Urban Renewal Plan.docx 17 Planning Services Department City Hall 50 West 13th Street Dubuque, IA 52001 -4864 (563) 589 -4210 phone (563) 589-4221 fax (563) 690 -6678 TDD planning@cityofdubuque.org Dubuque E All-America City 0 2012 Masterpiece on the Mississippi May 16, 2015 The Honorable Mayor and City Council City of Dubuque 50 W.13th Street Dubuque, IA 52001 RE: Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District Dear Mayor and City Council Members: Introduction The Long Range Planning Advisory Commission reviewed the proposed amendment to expand the Greater Downtown Urban Renewal District to include the Harrison Street subarea. Discussion The Commission reviewed the request and found the amendment will provide the expanded area access to the tools necessary for the functional and attractive redevelopment of the area. Recommendation By a vote of 5 to 0, the Long Range Planning Advisory Commission recommends expanding the Greater Downtown Urban Renewal District to include the Harrison Street subarea as the plan is consistent with the 2008 Dubuque Comprehensive Plan. Respectfully submitted, Jim Prochaska, Chairperson Long Range Planning Advisory Commission Enclosures cc: Michael Van Milligen, City Manager David Heiar, Economic Development Director Service People Integrity Responsibility Innovation Teamwork CITY' OF DUI3UQUE, The t Amended and 10Wit Restated Urban Renew- OFFICIAL NOTICE al Plan for the Greater PUBLIC NOTICE is Downtown District will hereby given that the allow the continued City Council of the City use of financial incen of Dubuque, Iowa, will tives necessary to en hold a public hearing courage private invest - on the 3rd day of June, ment, resulting in the 2013 at 6:30 p.m. in the creation or retention of Historic Federal Build- quality employment ing, City Council Cham- opportunities and as- bers (Second Floor), sisting with the provi- 350 West 6th Street, sion of housing. The Dubuque, Iowa, at amended plan will de- which meeting the City scribe the specific use Council will consider a of tax increment funds, proposed amendment reflecting the utiliza- to the '!Amended and tion of tax rebates, the Restated Urban Renew- creation of public infra - al Plan for the Greater 'structure, or other Downtown Urban Re- planned expenditures. newel District. At the meeting, the The Greater Down- City Council will re- town Urban Renewal ceive oral and written District has general comments from any boundaries of 25th resident or property street to the north, owner of said City to Pierce Street to the the above action. Writ - northwest while on Lo- ten comments regard - cust Street, Hawthorne ing the above public Street to the northeast hearing may be sub - while on Kerper'Boule- miffed to the City yard, the Mississippi Clerk's Office on or be- River to the east in- fore said time of public cluding Chaplain hearing. Schmitt Island, Charter Copies of supporting Street to the south, , documents for the pub- and the bluff west of lic hearings are on file Bluff Street to the in the City Clerk's Of- west. The new sub- fice, 50 W. 13th Street, area that is proposed I and may be viewed to be added to the Des- during normal working trict is the Harrison hours. Street Sub-area, 'which Any visual or hearing shall include the fol- impaired persons lowing described prop- needing special asses - erties: Lot 1 and Lot 2 Lance or persons with of Harrison Street special accessibility Place No. 2 Lot 1 and needs should contact Lot 2 of Harrison Street I the City Clerk's Office Place No. 4, and Lot 1 at (563) 589 -4120 or of Harrison Street TTY (563) 690-6678 at Place No. 5 all in the least 48 hours prior to City of Dubuque, Dubu- the meeting. que County, Iowa and Published by order of any adjoining public the City Council given rights -of -way. on the 15th day of April, 2013. Kevin Firnstahl, CMC City Clerk It 5/24 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 $33.96. P(Jize Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this cr day of , 20 /3 Notary Public in and for Dubuque County, Iowa. 1 111111 it Doc ID: 007704110003 Type GEN Kind RESOLUTION Recorded: 06/06/2013 at 04:13:57 PM Fee Amt: $17.00 Pape 1 of 3 Dubuque County Iowa Kathy Flynn Thurlow Recorder F11e2013- 00009435 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.173 -13 A RESOLUTION APPROVING THE AMENDED AND RESTATED URBAN RENEWAL PLAN FOR THE GREATER DOWNTOWN 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 Greater Downtown 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 downtown; and Whereas, the Long Range Planning Commission has reviewed the proposed Plan and has found that said document is consistent with the Comprehensive Plan for the development of the City of Dubuque as a whole and has transmitted its findings to the City Council; 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 Greater Downtown 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. City Clerk Roy D. Buol Mayor F: \USERS \Econ Dev \Urban Renewal \Greater Downtown UR District\2013.1 Amendment\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. 173 -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. Kevi ' S. Firnstahl, MC, City Clerk