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City of Peosta_Agreement for Relocation and Expansioin of TriState Quality MetalsMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager Dubuque band AI- America City 1 2007 • 2012 • 2013 SUBJECT: Agreement with City of Peosta for relocation and expansion of TriState Quality Metals DATE: August 27, 2013 TriState Quality Metals, a manufacturing company located in Peosta is proposing to expand its operation. The company is proposing to purchase approximately 5 acres, with a potential to purchase another 5 acres. Gary Wilming, the owner of the company, has reviewed options for the expansion in Peosta and Dubuque; however, there are no ten acre sites available in Peosta. Property in the Dubuque Industrial Center South will be available for purchase in late 2013. Negotiations on land and tax increment financing by City staff and TriState Quality Metals are in the discussion stage. However, because of an amendment to state law in 2012, in order for the City of Dubuque to provide tax increment financing to a company relocating from another location in Iowa, the affected city must have an agreement in place. The City of Peosta must approve or the City of Dubuque may not provide Tax Increment rebates to the company. Acting Economic Development Director Phil Wagner recommends City Council approval of an agreement with the City of Peosta concerning the expansion of TriState Quality Metals, as negotiated by Greater Dubuque Development Corporation Existing Business Specialist Bill Baum. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Phil Wagner, Acting Economic Development Director Masterpiece on the Mississippi Dubuque bitell All- America City 1 I 2007 • 2012 • 2013 DATE: August 26, 2013 TO: Michael Van Milligen, City Manager FROM: Phil Wagner, Acting Economic Development Director SUBJECT: Agreement with City of Peosta for relocation and expansion of TriState Quality Metals INTRODUCTION The purpose of this memorandum is to request City Council review and approval of an agreement between the City of Peosta concerning the expansion of TriState Quality Metals. BACKGROUND TriState Quality Metals, a manufacturing company located off of Kapp Drive in Peosta is proposing to expand its operation. The company currently employs 13 persons and leases space from two landlords. The Company has no room to expand at its current location, and is proposing to build a 40,000 square foot facility. Company will add 10 -12 positions with the expansion. Average wages are $15 per hour. The company is proposing to purchase approximately 5 acres, with a potential to purchase another 5 acres. Gary Wilming, the owner of the company, has reviewed options for the expansion in Peosta and Dubuque. However, there are no ten acre sites available in Peosta. Meanwhile, the City of Dubuque is in the process of developing the Dubuque Industrial Center South, along Seippel Road just west of Highway 20. This property will be available for purchase in late 2013, and a site in this new industrial park is preferred by the company. DISCUSSION Negotiations on land and tax increment financing by City staff and TriState Quality Metals are in the discussion stage. However, because of an amendment to state law in 2012, in order for the City of Dubuque to provide tax increment financing to a company relocating from another location in Iowa, the affected cities must have an agreement in place. In other words, the City of Peosta must approve or the City of Dubuque may not provide Tax Increment rebates to the company. With assistance from staff at Greater Dubuque Development Corporation, Bill Noth, the City's bond counsel, and the City attorney, an agreement has been drafted and approved on August 13, 2013 by the City Council of Peosta. RECOMMENDATION I recommend the City Council approve the attached resolution, authorizing the Mayor to execute the agreement with the City of Peosta. Enclosures Prepared By: Phil Wagner, Acting ED Director City of Dubuque 50 W. 13th St. Dubuque, IA 52001 Return To: Phil Wagner, Acting ED Director City of Dubuque 50 W. 13th St. Dubuque, IA 52001 RESOLUTION NO. 279 -13 A RESOLUTION AUTHORIZING THE APPROVAL AND EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF PEOSTA, IOWA AND THE CITY. OF DUBUQUE, IOWA Whereas, TriState Quality Metals, a Peosta Company, is proposing to expand its number of employees and size of facility; and Whereas, the company desires relocation to Dubuque due to insufficient options for expansion in Peosta; and Whereas, the company will be requesting Tax Increment Financing (TIF) from the City of Dubuque; and Whereas, in order to provide TIF to a relocating Iowa company, the City of Dubuque and City of Peosta must enter into a mutual agreement; and Whereas, the City of Peosta signed the agreement on August 13, 2013. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That the Mayor is hereby authorized to execute the agreement between the City of Dubuque and City of Peosta. Section 2. That the City Clerk is directed to remit an original signed agreement to the City of Peosta and retain an original signed agreement for internal records. Passed, approved, and adopted this 3rd day of September, 2013. Attest: Key' Firnstahl, ity Clerk D. Roy Buol, Mayor AGREEMENT This AGREEMENT is made this 15th day of August, 2013, by and among the City of Peosta, Iowa, and the City of Dubuque Iowa. WITNESSETH: WHEREAS, TriState Quality Metals, a manufacturing company ( "Company ") currently located in the City of Peosta is proposing an expansion in employment and facility; and WHEREAS, the Company has determined that expansion at the existing location is not possible; and WHEREAS, the Company has searched for expansion locations in Peosta and Dubuque, and has determined Peosta does not have any suitable industrial property meeting the Company's needs, and WHEREAS, the most desirable option for the Company is to relocate and expand in Dubuque; and WHEREAS, the Company will be requesting Tax Increment Financing (TIF) from the City of Dubuque; and WHEREAS, Section 403.19(9)(a) of the Code of Iowa 2013, prohibits the use of TIF for the relocation of the Company by the City of Dubuque unless, among other things, the City Councils of both cities enter into a written agreement concerning the relocation. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. The City of Peosta, Iowa does not object and hereby consents to the expansion and relocation of the Company to the City of Dubuque. 2. The City of Peosta, Iowa does not object and hereby consents to the City of Dubuque entering into a Development Agreement and providing TIF to the Company to assist in the expansion and relocation. 3. Upon approval of this Agreement by the City of Peosta, the City of Dubuque agrees to initiate discussions with the Company concerning the availability of industrial properties and incentives in the City of Dubuque. 4. This Agreement is intended to be and shall be construed as a written agreement entered into under the provisions of Iowa Code Section 403.19(9)(a)(1), authorizing the use of TIF in connection with the relocation of a commercial or industrial enterprise, and shall be binding upon the successors and assigns of the respective parties hereto. CITY OF PEOSTA, IOWA BY: � ,lr(Jb(I ct;.t, Dick Avenarius, Mayor ATTEST: CITY OF D UQU BY: Roy Buo , Mayor ATTEST] ren Snyder, City Clerk Kevin Firnstahl, City Clerk