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Resolution for Amendment of Urban Renewal PlanrHS c~rv of DUB E `~- MEMORANDUM January 10, 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Resolution of Necessity for an Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District Economic Development Director David Heiar is recommending that the City Council find that the amendment of the Urban Renewal Plan for the Greater Downtown Urban Renewal District is both necessary and appropriate, and set a public hearing on the proposed amendment for February 19, 2007. The proposed amendment of this district would more clearly define the allowable uses in the Urban Renewal District to include the rehabilitation, restoration, and renovation of historic buildings for public and governmental uses, including the Carnegie-Stout Public Library and the Former U.S. Federal Building. The proposed amendment of the Urban Renewal District would allow for the use of redevelopment tools to assist the proposed rehabilitation of the former U.S. Federal Building and the Carnegie-Stout Public Library. 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 David J. Heiar, Economic Development Director CITY OF DUBUQUE, IOWA MEMORANDUM January 9, 2007 TO: Michael Van Milligen, City Manager A ,' FROM: David J. Heiar, Economic Development Director ~ , SUBJECT: Resolution of Necessity for an Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District Introduction This memorandum presents for City Council consideration a Resolution of Necessity that: 1) finds that the amendment of the Urban Renewal Plan for the Greater Downtown Urban Renewal District is both necessary and appropriate; and 2) sets a public hearing on the proposed amendment for February 19t , 2007. The proposed amendment of this district would more clearly define the allowable uses in the Urban Renewal district to include the rehabilitation, restoration, and renovation of historic buildings for public and governmental uses, including the Carnegie Stout Public Library and the Former U.S. Federal Building. The proposed amendment of the urban renewal district would allow for the use of redevelopment tools to assist the proposed rehabilitation of the former U.S. Federal Building and the Carnegie-Stout Public Library by the City. Background The Downtown Dubuque Urban Renewal District was originally established in 1967. It has been amended and restated on several occasions over the years to expand the boundaries to include the Old Main area, the Iowa Inn property and the Dubuque Museum of Art. On April 19th, 2004, the Downtown Dubuque Urban Renewal was merged with the Ice Harbor Urban Renewal District. By combining the two districts, both public and private development efforts have benefited from greater flexibility in the use of tax increment financing in the larger district. Before a municipality can exercise the authority conferred by Chapter 403 "Urban Renewal" of the Iowa Code, a Resolution of Necessity must be adopted finding that the area being considered for urban renewal district designation is either a slum, blighted or economic development area and that the rehabilitation, conservation, redevelopment, development, or a combination thereof, of the area is necessary in the interest of the public health, safety or welfare of the residents of the city. The Iowa Code defines a blighted area as, "an area of a municipality within which the local governing body of the municipality determines that the presence of a substantial number of slum, deteriorated, or deteriorating structures; defective or inadequate street layout; faulty lot layout in relation to size, adequacy, accessibility, or usefulness; unsanitary or unsafe conditions; deterioration of site or other improvements; diversity of ownership, tax or special assessment delinquency exceeding the fair value of the land; defective or unusual conditions of title; or the existence of conditions which endanger life or property by fire and other causes; or any combination of these factors; substantially impairs or arrests the sound growth of a municipality, retards the provision of housing accommodations, or constitutes an economic or social liability and is a menace to the public health, safety, or welfare in its present condition and use". An economic development area is defined as, "an area of a municipality designated by the local governing body as appropriate for commercial and industrial enterprises or housing and residential development for low and moderate income families, including single or multifamily housing." The expansion areas will be designated as economic development areas. See attached map. Discussion The amendments to the Urban Renewal Plan are meant to more clearly define the allowable uses in the Urban Renewal district to include the rehabilitation, restoration, and renovation of historic buildings for public and governmental uses, including the Carnegie Stout Public Library and the Former U.S. Federal Building. This amendment will define that these rehabilitation projects can access the tools and incentives available to urban renewal district properties, including tax increment financing and the Downtown Rehabilitation Loan Program. The attached Resolution directs staff to prepare an amended and restated Urban Renewal Plan and to forward the amendment to the Long Range Planning Commission for their review and comment. This is required by Chapter 403 along with a consultation process that involves all affected taxing entities. Those taxing entities, the County, School Board and community college, have an opportunity to comment on the proposed amendment prior to the required public hearing on the urban renewal plan, but they cannot block adoption of the plan. City Council public hearing on the amended and restated Urban Renewal Plan will be scheduled for February 19th, 2007. This will allow time for preparation of the plan, review and comment period by the Long Range Planning Commission and the consultation process with the taxing entities. Recommendation I recommend the City Council adopt the attached Resolution of Necessity that begins the process of amending the Urban Renewal Plan for the Greater Downtown Urban Renewal District to more clearly define the allowable uses in the Urban Renewal district to include the rehabilitation, restoration, and renovation of historic buildings for public and governmental uses, including the Carnegie Stout Public Library and the Former U.S. Federal Building. The amendment will provide additional tools to encourage reinvestment and redevelopment activities throughout the District and will support, specifically, the proposed former U.S. Federal Building and Carnegie-Stout Public Library. Action Step The action step for the City Council is to adopt the Resolution of Necessity attached to this memorandum. Attachments Prepared by: Aaron M. DeJong Assistant Economic Development Director F:\USERS\Adejong\Urban Renewal\2007.1 Amendment\20070109 Necessary Memo.doc RESOLUTION NO. A RESOLUTION OF NECESSITY FINDING THAT THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT ARE AREAS MEETING THE DEFINITIONS OF A SLUM, BLIGHTED AND ECONOMIC DEVELOPMENT AREAS AND THAT DEVELOPMENT OF SAID AREAS IS NECESSARY IN THE INTEREST OF THE RESIDENTS OF THE CITY OF DUBUQUE, IOWA. Whereas, the City Council of the City of Dubuque has determined that the Greater Downtown Urban Renewal District will provide redevelopment opportunities which will further the purposes and objectives of the Downtown Dubuque Urban Renewal Plan; and Whereas, the City Council has found that the areas meet the definition of a slum, blighted, and economic development area as found in Chapter 403 "Urban Renewal" of the Iowa Code; and Whereas, Chapter 403 of the Iowa Code requires that before urban renewal authority may be exercised, a City Council must adopt a resolution of necessity finding that the area in question is a slum, blighted or economic development area, and that so designating such area is necessary in the interest of the public health, safety or welfare of the residents of the municipality. NOW. THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the following text amendment is proposed to be added to the Greater Downtown Urban Renewal District, to wit: An amendment is needed to clearly define the public purpose activities to include the rehabilitation, restoration, and renovation of historic buildings for public and governmental uses, including the Carnegie Stout Public Library and the Former U.S. Federal Building; Section 2. That amending the Urban Renewal Plan is necessary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning and local community objectives. Section 3. That the City Manager is authorized and directed to prepare an Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District, to forward said Plan to the City's Long Range Planning Commission for review and comment and to begin the consultation process required by law with affected taxing entities. RESOLUTION NO. 26-07 A RESOLUTION OF NECESSITY FINDING THAT THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT ARE AREAS MEETING THE DEFINITIONS OF A SLUM, BLIGHTED AND ECONOMIC DEVELOPMENT AREAS AND THAT DEVELOPMENT OF SAID AREAS IS NECESSARY IN THE INTEREST OF THE RESIDENTS OF THE CITY OF DUBUQUE, IOWA. Whereas, the City Council of the City of Dubuque has determined that the Greater Downtown Urban Renewal District will provide redevelopment opportunities which will further the purposes and objectives of the Downtown Dubuque Urban Renewal Plan; and Whereas, the City Council has found that the areas meet the definition of a slum, blighted, and economic development area as found in Chapter 403 "Urban Renewal" of the Iowa Code; and Whereas, Chapter 403 of the Iowa Code requires that before urban renewal authority may be exercised, a City Council must adopt a resolution of necessity finding that the area in question is a slum, blighted or economic development area, and that so designating such area is necessary in the interest of the public health, safety or welfare of the residents of the municipality. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the following text amendment is proposed to be added to the Greater Downtown Urban Renewal District, to wit: An amendment is needed to clearly define the public purpose activities to include the rehabilitation, restoration, and renovation of historic buildings for public and governmental uses, including the Carnegie Stout Public Library and the Former U.S. Federal Building; Section 2. That amending the Urban Renewal Plan is necessary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning and local community objectives. Section 3. That the City Manager is authorized and directed to prepare an Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District, to forward said Plan to the City's Long Range Planning Commission for review and comment and to begin the consultation process required by law with affected taxing entities. Section 4. That the City Clerk is directed to publish. notice of a public hearing on the adoption of an Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District to be held on February 19th, 2007at 6:30 p.m. in the Carnegie-Stout Public Library Auditorium, 11th and Bluff Streets, Dubuque, Iowa 52001 and that said notice shall generally identify the areas covered by the Amended and Restated Plan and the general scope of the Amended and Restated Plan and the activities planned for such areas. Section 5. That the City Clerk is further directed to send by ordinary mail a copy of said notice of public hearing to the Dubuque Community School District, the County Board of Supervisors and the Northeast Iowa Community College, as the affected taxing entities. PASSED, APPROVED and ADOPTED this 16th day of January, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Section 4. That the City Clerk is directed to publish notice of a public hearing on the adoption of an Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District to be held on February 19th, 2007at 6:30 p.m. in the Carnegie-Stout Public Library Auditorium, 11th and Bluff Streets, Dubuque, Iowa 52001 and that said notice shall generally identify the areas covered by the Amended and Restated Plan and the general scope of the Amended and Restated Plan and the activities planned for such areas. Section 5. That the City Clerk is further directed to send by ordinary mail a copy of said notice of public hearing to the Dubuque Community School District, the County Board of Supervisors and the Northeast Iowa Community College, as the affected taxing entities. PASSED, APPROVED and ADOPTED this 16th day of January, 2007. Roy D. Buol, Mayor ATTEST: Jeanne F. Schneider, City Clerk F:\USERSWdejong\Urban Renewal\2007.1 Amendment\20070109 Necessary Resolution.doc CITY OF DUBUQUE, IOWA OFFICIAL NOTICE NOTICE is hereby given that the Dubuque City Council will conduct a public hearing on February 19tH, 2007, at 6:30 p.m., in the Public Library Auditorium, 360 West 11tH Street, to consider adopting an amendment to the Urban Renewal Plan for the Greater Downtown Urban Renewal District. The proposed amendment, which identifies a text amendment to the Greater Downtown Urban Renewal Plan, is as follows: The following described areas, which are proposed to be added to the Greater Downtown Urban Renewal District, are economic development areas as defined by Chapter 403 of the Iowa Code and are appropriate for an urban renewal project, to wit: An amendment is needed to clearly define the public purpose activities to include the rehabilitation, restoration, and renovation of historic buildings for public and governmental uses, including the Carnegie Stout Public Library and the Former U.S. Federal Building. 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. (Copy of the Amended Greater Downtown Urban Renewal District Plan is on file in the City Clerk's Office and may be viewed during normal working hours.) Written comments regarding the above amendment may be submitted to the City Clerk's Office on or before said time of public hearing. At said time and place of public hearing all interested citizens and parties will be given an opportunity to be heard for or against said amendment. Any visual or hearing impaired persons needing special assistance or persons with special accessibility needs should contact the City Clerk's Office at (563) 589-4120 or TDD (563) 590-6678 at least 48 hours prior to the meeting. Published by order of the City Council given on the 16tH day of January, 2007. Jeanne F. Schneider, CMC City Clerk