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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 cr1 HAVENWOOD PROPERTIES, LLC. a li PROJECT No.: n,,.00 CRAM BY: OICUAw YY: or OCR 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: 400' SITE LEGEND 1 - r - PROPOSED WA - 0.* - PROPOSED SAN SEWER LINE URBAN RENEWAL ARCA ON TRACY 0. WILLIAM ANO WILU:AM ,CRAIG & KAY J. TRACY PROPERTY • HIBIT A 200' UHII / T O'ROURKE FARMS, I.L.C. 4 TRACY D WIL IAM AND W L AM CRAIG T B KAY J TRACY O'ROURKE . FARMS. L.LC. O'ROURKE FARMS. L.L.C. 1 O'ROURKE rof FARMS. L.L.C. 4 7 TRACY D. WILLIAM AND WILLIAM CRAIG & KAY J. TRACY L ~1 PATRICIA F. FURUSETH PATRICIA F. FURUSETH rv HAVENWOOD PROPERTIES. LLC 1 0 1- Q F- OO OZc cc�Q3 o zI�J o < x Z _ Q OW J r • W 0 • Er W 7 DOS co F-O] Q 50 J J 6 0 Q SCALE AS SHORN PROJECT NO.: 7771.CD DRAWN BY INF CHECKED BY DJH SHEET 2