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Greater Downtown Urban Renewal DistrictTHE CITY OP ~~ ,~~ DT..TB ~ E Masterpiece on the Mississippi MEMORANDUM October 26, 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 recommend City Council approval of 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 December 17, 2007. The amendments to the Urban Renewal Plan will expand the district to include the Warehouse District and portions of property along South Main Street. These amendments will give these areas access to the tools and incentives available to urban renewal district properties, including tax increment financing and the Downtown Rehabilitation Loan Program. I concur with the recommendation and respectfully request Mayor and City Council approval. V Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager David J. Heiar, Economic Development Director THE CITY OF DUB _ E Masterpiece an the Mississippi MEMORANDUM October 24, 2007 TO: Michael Van Milligen, City Manager FROM: David J. Heiar, Economic Development Director SUBJECT: Resolution of Necessity for an Amended and Res ted 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 December 17t", 2007. The proposed amendment of this district would expand the district to include the Warehouse District and portions of property on South Main Street (See Attached Map). 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, Dubuque Museum of Art, Historic Federal Buildin~q, Locust Street Parking Ramp, and the Carnegie-Stout Public Library. On April 19t , 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 slum and blight areas. On August 6, 2007 The City Council adopted the Warehouse District Revitalization Strategy. One component of the strategy is to expand the Greater Downtown Urban Renewal District to include the Warehouse District. This will allow the use of Tax Increment Financing to assist with redevelopment, as well as make properties eligible for the Downtown Rehabilitation Loan Program, Facade Grant Program, and the Design Grant Program. A Memorandum of Understanding was approved by resolution 463-07 by the City Council on September 4, 2007 with Miller Development Group. The MOU states the City will expand the Greater Downtown Urban Renewal District to include Miller's property at 40-42 South Main. Discussion The amendments to the Urban Renewal Plan will expand the district to include the Warehouse District and portions of property along South Main Street. These amendments will give these areas access to 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 December 17th, 2007. The public notice will be published December 7, 2007 to allow for the appropriate reporting requirements. 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 expand the district to include the Warehouse District and portions of property on South Main Street. The amendment will provide additional tools to encourage reinvestment and redevelopment activities throughout the District and will support the revitalization within the area. Action Step The action step for the City Council is to adopt the Resolution of Necessity attached to this memorandum. Attachments F:\USERS1Adejong\Urban Renewal\Greater Downtown UR District12007.2 Amendment\20071023 Necessary Memo.doc RESOLUTION NO. 538-07 A RESOLUTION OF NECESSITY FINDING THAT CERTAIN AREAS ADJACENT TO THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT MEET THE DEFINITION OF A BLIGHTED AREA UNDER THE URBAN RENEWAL LAW, 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 heretofore, by Resolution No. 108-07 adopted on February 20, 2007, approved the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District (a merger of the Downtown Dubuque and Ice Harbor Urban Renewal Districts) (the "District") in order to provide redevelopment opportunities which will further the purposes and objectives of the foregoing Urban Renewal Plan; and Whereas, the City Council has found that certain areas adjacent to the District meet the definition of a blighted area and an 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 described areas, which are proposed to be added to the Greater Downtown Urban Renewal District, are blighted areas and economic development areas as defined by Chapter 403 of the Iowa Code and are appropriate for an urban renewal project, to wit: 1) Warehouse Subarea Commencing as a point of reference at the intersection of the centerlines of 11th Street and Central Avenue in the City of Dubuque, Dubuque County, Iowa, said point being the point of beginning; Thence northeasterly along the centerline of 11th Street to a point of intersection with the centerline of White Street; Thence northwesterly along the centerline of White Street to a point of intersection with the centerline of 12th Street; Thence northeasterly along the centerline of 12th Street and extension thereof to a point of intersection with the centerline of US Highways 151 and 61; Thence southwesterly along the centerline of US Highways 151 and 61 to a point of intersection with the centerline of 4th Street extended; Thence southwesterly along the centerline of 4th Street and extension thereof to a point of intersection with the centerline of Central Avenue; Thence northwesterly along the centerline of Central Avenue to a point of intersection with the centerline of 9th Street; Thence southwesterly along the centerline of 9th Street to a point of intersection with the westerly line of City Lot 259 extended southerly; Thence northwesterly along the westerly line of City Lot 259, and Lots 1 and 2 of the Subdivision of the South 'h of City Lot 261 and City Lot 260 to the southwest corner of the N '/z of City Lot 261; Thence northeasterly along the southerly line of the N '/2 of City Lot 261 and extension thereof to a point of intersection with the centerline of Central Avenue; Thence northwesterly along the centerline of Central Avenue to a point of intersection of 11th Street also being point of beginning. 2J South Main Subarea Commencing as a point of reference at a point of intersection of the centerline of Locust Street with the Locust Street Connector in the City of Dubuque, Dubuque County, Iowa, said point being the point of beginning; Thence northeasterly along the centerline of the Locust Street Connector to a point of intersection with the centerline of US Highways 52, 61, and 151; Thence southeasterly along the centerline of US Highways 52, 61, and 151 to a point of intersection with the centerline of the eastern section of Jones Street extended southwesterly; Thence southwesterly along said extension of the centerline of the eastern section of Jones Street to a point of intersection with the centerline of Main Street; Thence northwesterly along the centerline of Main Street to a point of intersection with the centerline of Jones Street; Thence northwesterly along the centerline of Jones Street to a point of intersection with the easterly line of Lot 2D of vacated Shields Street extended northerly; Thence southeasterly along the easterly line of Lot 2D of vacated Shields Street to the southeasterly corner of said Lot 2D; Thence southwesterly along the southerly lines of Lot A and Lot 2D of vacated Shields Street and Lot 1 of 2 of City Lot 543 extended westerly to a point of intersection with the centerline of Locust Street; Thence northeasterly along the centerline of Locust Street to a point of intersection with the centerline of the Second Street Connector, also being the point of beginning. Section 2. That the development of the above-described expansion areas 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 amendment to the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District for the purpose of including the above-described areas in the District, to forward said amendment 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 the proposed amendment to the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District to be held on December 17th, 2007 at 6:30 p.m. in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa 52001 and that said notice shall generally identify the areas covered by the Amended and Restated Plan, the areas proposed to be added to the District, and the general scope of the urban renewal activities planned for such areas, and that said notice shall be published and available to the public on December 7th, 2007. Section 5. That the City Clerk is further directed to send by ordinary mail a copy of said notice of public hearing and the proposed amendment 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 5th day of November, 2007. Roy D. Buol, Mayor ATTEST: Jeanne F. Schneider, City Clerk F:\USERSWdejong\Urban Renewal\Greater Downtown UR District\2007.2 Amendment\20071023 Necessary Resolution.doc