Dubuque Technology Park Economic Development District_Ag AgreementsMasterpiece on the Mississippi
Dubuque
band
AI- America City
1
2007 • 2012 • 2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Agreement to Include Agricultural Land Area in the Dubuque Technology
Park Economic Development District
DATE: February 20, 2014
Economic Development Director Maurice Jones and City Engineer Gus Psihoyos are
recommending City Council approval of agreements between the City and three
property owners for the inclusion of agricultural property in a proposed expansion of the
urban renewal area for the Dubuque Technology Park Economic Development District.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:sv
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Maurice Jones, Economic Development Director
Gus Psihoyos, City Engineer
Masterpiece on the Mississippi
TO: Michael Van Milligen, City Manager
FROM: Maurice Jones, Economic Development Director
Gus Psihoyos, City Engineer
Dubuque
All- America City
1111 r
2007 • 2012 • 2013
SUBJECT: Agreement to Include Agricultural Land Area in the Dubuque Technology Park
Economic Development District
DATE: February 19, 2014
INTRODUCTION
This memorandum presents for City Council approval agreements between the City and three
property owners for the inclusion of agricultural property in a proposed expansion of the urban
renewal area for the Dubuque Technology Park Economic Development District.
BACKGROUND
In 1997 the City Council established the Dubuque Industrial Center /South Economic
Development District, which later became known as Dubuque Technology Park. This 130 -acre
business park became home to local employers such as McKesson, Kunkel and Associates,
Sedgwick, and Cartegraph.
While the City continues to make several tax rebate payments that were used to incentivize
companies to relocate to the Technology Park, there is now considerable taxable value above
the base value established in 1996 that is not being dedicated to rebate payments. The City
Council, consistent with a top priority of planned annexation, has authorized an estimated $8
million three -mile extension of water and sanitary sewer lines from the Technology Park to the
Dubuque Regional Airport. City staff has planned to fund approximately one -third of the project
through tax increment revenues from Technology Park.
In order to utilize urban renewal funds from Technology Park, the boundaries for the District
must be revised in the Urban Renewal Plan to include the area where the desired improvements
will take place. The District will be extended to align with the path of the utilities. While the
alignment includes public right of way along Highway 151/61, certain areas of the urban renewal
extension must cross into and through private property. Easements will need to be negotiated
with all property owners before the utilities can be extended. However, urban renewal law
requires that the City receive approval from the owners of impacted agricultural land prior to the
extension. According to Iowa Code § 403.17(3), "agricultural land" is defined, in part, as real
property owned by a person in tracts of ten acres or more... and has been used for the
production of agricultural commodities during three out of the past five years. As shown on the
attached map, there are three property owners that meet this definition: O'Rourke Farms, LLC,
William Tracy, and Patricia Furuseth.
DISCUSSION
After several meetings with the three property owners, all of them have consented to the
inclusion of their property within the proposed urban renewal boundary. Three separate signed
agreements are attached. Each agreement states that the property owners authorize the City
Council to pass any resolution or ordinance necessary to designate the property as an urban
renewal area under Iowa Code Chapter 403. The City agrees that no taxing parcels or tax
increment revenue will be generated on their property for the purpose of funding urban renewal
activities. Patricia Furuseth's agreement, at her request, also states that such approval does
not constitute consent to the acquisition of her property by the City, or the rezoning of property.
While this condition is explicitly stated in only one agreement, the condition will be applied to all
property owners.
After approval of the agreements, City staff can proceed with finalizing the amendment of the
Dubuque Technology Park Economic Development District. The amended plan will also require
consideration and action by the Dubuque County Board of Supervisors, the Long Range
Planning and Zoning Commission, and the City Council.
RECOMMENDATION
I recommend that the City Council approve the attached agreements with O'Rourke Farms,
LLC, William Tracy, and Patricia Furuseth for the inclusion of their agricultural property in the
proposed urban renewal area.
ACTION STEP
The action step for the Council is to adopt the attached resolution.
2
Prepared By: Phil Wagner, Assistant ED Director City of Dubuque 50 W. 13`h St. Dubuque, IA 52001
Return To: Phil Wagner, Assistant ED Director City of Dubuque 50 W. 13th St. Dubuque, IA 52001
RESOLUTION NO. 51-14
APPROVING AGREEMENTS BETWEEN THE CITY OF DUBUQUE AND PROPERTY
OWNERS TO INCLUDE CERTAIN AGRICULTURAL LAND IN THE DUBUQUE
TECHNOLOGY PARK ECONOMIC DEVELOPMENT DISTRICT
Whereas, the City Council has proposed to adopt an amended Urban Renewal Plan (the
"Plan") under Iowa Code Chapter 403 and proceed with activities authorized under that
Chapter in an expanded area of the Dubuque Technology Park Economic Development
District (the "District"); and
Whereas, O'Rourke Farms, LLC, William Tracy, and Patricia Furuseth all own
agricultural land within the proposed District , as that term is defined in Iowa Code Section
403.17(3), and the owners of such land must consent to being included in the proposed
District; and
Whereas, O'Rourke Farms, LLC, William Tracy, and Patricia Furuseth have consented
to the inclusion of their property in the proposed District through the execution of the
attached Agreements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Agreements between the City of Dubuque and O'Rourke Farms,
LLC, William Tracy, and Patricia Furuseth are hereby approved.
Passed, approved and adopted this 3rd day of March, 2014
Roy D'uol, Mayor
Attest:
K- in . Firnstahl, ' I y Clerk
F:\USERS\Econ Dev\Urban Renewal\Tech Park\2013.2 Amendment\20140303 Ag. property owner resolution.docx
AGREEMENT TO INCLUDE AGRICULTURAL LAND
IN AN URBAN RENEWAL AREA
This Agreement is made and entered into by and between the City of Dubuque,
Iowa (hereinafter called "City"), and the undersigned property owners (hereinafter called
"Property Owners") in the proposed expansion of the urban renewal area for the Dubuque
Technology Park Economic Development District.
WITNESSETH:
WHEREAS, the City proposes to adopt an Urban Renewal Plan under Iowa Code
Chapter 403 and proceed with activities authorized under that Chapter in the area
described as the Dubuque Technology Park Economic Development District, including
but not limited to the division of revenue under Iowa Code Section 403.19; and
WHEREAS, a description or map of the property to be included within the
proposed Dubuque Technology Park Economic Development District is attached hereto
as Exhibit A and made a part hereof; and
WHEREAS, the undersigned Property Owners own "agricultural land" within said
proposed urban renewal area, as that term is defined in Iowa Code Section 403.17(3).
NOW, THEREFORE, be it agreed among the parties hereto as follows:
3YicA;
1. The undersigned Property Owners agree that the City may include real CroSS-
property owned by the undersigned Property Owners identified& the attached Exhibit A,
in the proposed Dubuque Technology Park Economic Development District, including
any portions which may be defined as "agricultural land" under the provisions of Iowa
Code 403.17(3).
2. This agreement does not constitute consent or acquiescence on part of the
landowner to taking or acquisition of any property or interest in property in the future.
Further, this agreement does not constitute consent to rezoning of the landowner's
property or imposition of any restrictions on the presently permitted usages of the
property.
3. The undersigned Property Owners further authorize the City Council of the
City to pass any resolution or ordinance necessary to designate said property as an urban
renewal area under Iowa Code Chapter 403.
4. The City of Dubuque agrees that no taxing parcels or tax increment
financing revenue will be generated on real property owned by the Property Owners, for
the purposes of funding urban renewal activities within the District.
Dated thi
ATTEST:
By:
day of
, 2014.
CITY OF DUBU UE, IOWA
By:
Mayor
Address: ca/ % C AJ 6 4+4)6 4t/ OL) v Q ✓-
Owner's Name: /9 p 2/C/A- , r (Jry S'� Th`
By: 9cLr 4 L)
Date:
Witness:
Address:
Owner's Name:
By:
Date:
Witness:
Address:
Owner's Name:
By:
Date:
Witness:
z19 -.00 /
TRACY D. WILLIAM AND WILLIAM CRAIG & KAY J. TRACY
SITE LEGEND
PATRICIA F.
FURUSETH
PROPOSED WATER LINE
PROPOSED SANITARY SEWER
LINE
URBAN RENEWAL AREA ON
PATRICIA F. FURUSETH
PROPERTY
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HAVENWOOD
PROPERTIES, LLC. a
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PROJECT No.:
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AGREEMENT TO INCLUDE AGRICULTURAL LAND
IN AN URBAN RENEWAL AREA
This Agreement is made and entered into by and between the City of Dubuque,
Iowa (hereinafter called "City"), and the undersigned property owners (hereinafter called
"Property Owners") in the proposed expansion of the urban renewal area for the Dubuque
Technology Park Economic Development District.
WITNESSETH:
WHEREAS, the City proposes to adopt an Urban Renewal Plan under Iowa Code
Chapter 403 and proceed with activities authorized under that Chapter in the area
described as the Dubuque Technology Park Economic Development District, including
but not limited to the division of revenue under Iowa Code Section 403.19; and
WHEREAS, a description or map of the property to be included within the
proposed Dubuque Technology Park Economic Development District is attached hereto
as Exhibit A and made a part hereof; and
WHEREAS, the undersigned Property Owners own "agricultural land" within said
piUpu cu iii ball Tciic v, al aica, as that LUllll is UG11114U 111 Iowa a l UUC; Scclion 403.17(3).
(J).
NOW, THEREFORE, be it agreed among the parties hereto as follows:
1. The undersigned Property Owners agree that the City may include all real
property owned by the undersigned Property Owners in the proposed Dubuque
Technology Park Economic Development District described above, including any
portions which may be defined as "agricultural land" under the provisions of Iowa Code
403.17(3).
2. The undersigned Property Owners further authorize the City Council of the
City to pass any resolution or ordinance necessary to designate said property as an urban
renewal area under Iowa Code Chapter 403.
3. The City of Dubuque agrees that no taxing parcels or tax increment
financing revenue will be generated on real property owned by the Property Owners, for
the purposes of funding urban renewal activities within the District.
Dated this3`1 day of
ATTEST:
By:
Cit
, 2014.
CITY OF DUBUQUE, IOWA
By:
Mayor
Address: / -F9 4 T/C 7,r / /j I�7 TA, Dog/ ,3'`2
Owner's Name: /0 ` �? (% %? /(/"_RA4 sL - e,
By: �64/AL 61'
Date: p 9._
Witness:
Address:
fkoli
Owner's Name:
By:
Date:
Witness:
Address:
Owner's Name:
By:
Date:
Witness:
EXHIBIT A
CITY unuTY EXTENSIONS TO
DUBUQUE REGIONAL AIRPORT
DUBUQUE. IOWA
AGREEMENT TO INCLUDE AGRICULTURAL LAND
IN AN URBAN RENEWAL AREA
This Agreement is made and entered into by and between the City of Dubuque,
Iowa (hereinafter called "City"), and the undersigned property owners (hereinafter called
"Property Owners") in the proposed expansion of the urban renewal area for the Dubuque
Technology Park Economic Development District.
WITNESSETH:
WHEREAS, the City proposes to adopt an Urban Renewal Plan under Iowa Code
Chapter 403 and proceed with activities authorized under that Chapter in the area
described as the Dubuque Technology Park Economic Development District, including
but not limited to the division of revenue under Iowa Code Section 403.19; and
WHEREAS, a description or map of the property to be included within the
proposed Dubuque Technology Park Economic Development District is attached hereto
as Exhibit A and made a part hereof; and
WHEREAS, the undersigned Property Owners own "agricultural land" within said
proposed urban renewal area, as that term is defined in Iowa Code Section 403.17(3).
NOW, THEREFORE, be it agreed among the parties hereto as follows:
1. The undersigned Property Owners agree that the City may include all real
property owned by the undersigned Property Owners in the proposed Dubuque
Technology Park Economic Development District described above, including any
portions which may be defined as "agricultural land" under the provisions of Iowa Code
403.17(3).
2. The undersigned Property Owners further authorize the City Council of the
City to pass any resolution or ordinance necessary to designate said property as an urban
renewal area under Iowa Code Chapter 403.
3. The City of Dubuque agrees that no taxing parcels or tax increment
financing revenue will be generated on real property owned by the Property Owners, for
the purposes of funding urban renewal activities within the District.
Dated this
ATTEST:
By:
day ofA,f '( ,2019.
CITY OF DUBUQUE, IOWA
By:
Mayor
Address: /2<5'01 0,, jqi (-76/ eavr�" e�iv�f wA5-4326
Owner's Name: \A);' /_i �' , h� / NA cx
By:
Date:
Witness: 1/ Q C j
Address: 3 i tete? e , 5 Z'3/
Owner's Name: j l; ,,,� C ,rte; el rcxcil
a e:
Witness: lea(i
Address:
Owner's Name:
By:
Date:
Witness:
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