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Marquette Hall Urban Revitalization Plan_Public Hearing Copyright 2014 City of Dubuque Public Hearings # 3. ITEM TITLE: Marquette Hall Urban Revitalization Plan SUMMARY: Proof of publication on notice of public hearing for the Marquette Hall Urban Revitalization Plan, which provides for a ten-year, one-hundred percent tax abatement for the redevelopment of the former Sacred Heart Elementary School, located at 2222 Queen Street, into 28 historic and affordable senior apartments. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Conduct Public Hearing ATTACHMENTS: Description Type Marquette Hall Urban Revitalization Plan-MVM Memo City Manager Memo Staff Memo Staff Memo Long Range Planning Commission Correspondence Supporting Documentation Marquette Hall Urban Revitalization Plan Supporting Documentation Proof of Publication Marquette Hall Urban Revitalization Supporting Documentation Plan Proof of Publication on Notice of Public Hearing (Clerk) Supporting Documentation THE CITY OF Dubuque UBE I erica .i Masterpiece on the Mississippi 2007-2012-2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Public Hearing for Marquette Hall Urban Revitalization Area DATE: February 25, 2016 Housing & Community Development Department Director Alvin Nash recommends the City Council hold a public hearing on the Marquette Hall Urban Revitalization Plan which provides for a ten-year one hundred percent tax abatement for the redevelopment of the former Sacred Heart Elementary School, located at 2222 Queen Street, into 28 historic and affordable senior apartments. Under Section 15-2-3 of the City Code, one of the roles of the Long Range Planning Advisory Commission (LRPAC) is to review each new and amended urban revitalization plan and make a recommendation as to the plan's consistency with the City's Comprehensive Plan. The Commission's review is a City Code requirement; it is not required by State law. The proposed Marquette Hall Urban Revitalization Plan was reviewed at the February 17, 2016 LRPAC meeting. At that meeting, the LRPAC also reviewed the proposed plans for University Lofts, Paragon Square, and Lange Estate Urban Revitalization Plans. The LRPAC unanimously voted the Marquette Hall Urban Revitalization Plan is in compliance with the City of Dubuque Comprehensive Plan. Chapter 404 provides for a public comment period prior to the adoption of an urban revitalization plan. Based upon these requirements, the Council set a public hearing for March 7, 2016 that provided a 30 day comment period on the proposed plan. The property owners were notified as required. Additionally, Chapter 404 requires the City Council hold a second public hearing if, within 30 days of the first hearing, a valid petition is filed requesting a second public hearing. Therefore, the City Council may approve the plan at the April 18, 2016 City Council meeting if no requests for a second hearing are received. Mic ael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Alvin Nash, Housing & Community Development Department Director 2 THE CITY OF Dubuque AII-Ame1 rica City DUBgkE r Masterpiece on the Mississippi 2007.2012.2013 TO: Michael Van Milligen, City Manager FROM: Alvin Nash, Housing & Community Development Director DATE: February 24, 2016 RE: Public Hearing for Marquette Hall Urban Revitalization Area Introduction This memorandum presents information necessary for the March 7th public hearing for the proposed Marquette Hall Urban Revitalization Area designation. Background The Marquette Hall Urban Revitalization Area District plan was provided to City Council on January 19th, 2016. At that meeting, the City Council adopted a resolution stating the area was eligible for designation and setting a public hearing for March 7, 2016 on the Marquette Hall Urban Revitalization Plan. The plan provides for a ten-year one hundred percent tax abatement for the redevelopment of the former Sacred Heart Elementary School, located at 2222 Queen Street, into 28 historic and affordable senior apartments. Cohen-Esrey Affordable Partners development will preserve and restore the historic Marquette Hall, built in 1915. The restored structure will provide affordable housing for seniors in the North End Neighborhood of Dubuque. The project utilizes a number of funding sources for redevelopment including private funding, State and Federal Historic Tax Credits, Low Income Housing Tax Credits, and requests support from the City of Dubuque through the Urban Revitalization Tax Exemption and by selling a city owned alley for $1.00, a discount off market rate. Contingent upon an award of Low Income Housing Tax Credits, the City of Dubuque will contribute $65,000 in Downtown Rehabilitation Grants and Urban Housing Incentive funds, consistent with incentives provided to other downtown projects. The urban revitalization tax exemption shows local support for the project, which will strengthen Cohen-Esrey Affordable Partners' Tax Credit application to the Iowa Finance Authority. Urban Revitalization Chapter 404 of the Iowa Code (Urban Revitalization Act) authorizes cities to designate areas as urban revitalization areas. Improvements to qualified real estate within these designated areas may receive a total or partial exemption from property taxes for a specified number of years. The exemptions are intended to stimulate private investment by reducing tax increases that usually accompany property improvements. This additional private investment provides a long-term increase or stabilization in the area's tax base, enhances the visibility of revitalization areas and/or supports important city objectives such as historic preservation, economic development and affordable housing development. In order to implement the provisions of Chapter 404, the City determine the area is eligible for exemption, prepare a revitalization plan for each designated area, and hold at least one public hearing after proper notice. The law mandates specific criteria and procedures must be followed. Discussion Chapter 404 provides for a public comment period prior to the adoption of an urban revitalization plan. Based upon these requirements, the Council set a public hearing for March 7, 2016 that provided a 30 day comment period on the proposed plan. The property owners were notified as required. Additionally, Chapter 404 requires the City Council hold a second public hearing if, within 30 days of the first hearing, a valid petition is filed requesting a second public hearing. Therefore, the City Council may approve the plan at the April 18, 2016 meeting if no requests for a second hearing are received. Under Section 15-2-3 of the City Code, one of the roles of the Long Range Planning Advisory Commission (LRPAC) is to review each new and amended urban revitalization plan and make a recommendation as to the plan's consistency with the City's Comprehensive Plan. The Commission's review is a City Code requirement; it is not required by State law. Consistency with Comprehensive Plan The proposed Marquette Hall Urban Revitalization Plan was reviewed at the February 17, 2016 LRPAC meeting. At that meeting, the LRPAC also reviewed the proposed plans for University Lofts, Paragon Square, and Lange Estate Urban Revitalization Plans. The LRPAC unanimously voted the Marquette Hall Urban Revitalization Plan is in compliance with the City of Dubuque Comprehensive Plan. The comments of the LRPAC are attached. Estimated Property Tax Calculations The property value, based upon 2015 Beacon data, is $39,560 for land and $892,380 for dwelling for a total taxable value of$931 ,940. The developer estimates after improvements the assessed value for taxation will be $624,414 and the yearly taxes will be $17,983. The abatement of$17,983 will be in effect for 10 years for a total of $179,830. After the abatement period expires the property will be taxed based on the assessed value for taxation as determined by the assessor. The ten year abatement is consistent with other affordable senior housing projects being submitted from Dubuque. Recommendation Staff recommends the City support these efforts to promote quality, affordable housing, with attention to the needs of elderly and disabled populations. The Marquette Hall Urban Revitalization Area Plan provides affordable senior housing on in the North End 2 Neighborhood of Dubuque. After the ten-year abatement period lapses on the project, the full assessed value of the rehabilitated property will go on the tax rolls to benefit the entire community. Requested Action The requested action is for the City Council to hold the public hearing on March 7, 2016. Prepared by: Erica Haugen, Community Development Specialist F:\USERS\CDBG\Urban Revite\Petitions for Districts\Marquette Hall 2016\Public hearing- Marquette Hall.doc 3 Dubuque Planning Services Deputment U-U� City Hall-50 West 13Street Dubuque,IA 52001-4805 AFMOOM (563)589-4210 phone BF i�i�i7 E I I I I I' (563)589-4221 fax (563)690-6678 TDD Masterpiece on the Mississippi moz•zau•zms planning®cityofdubuque.org February 22, 2016 The Honorable Mayor and City Council City of Dubuque 50 W.13th Street Dubuque, IA 52001 RE: Marquette Hall Urban Revitalization Area Plan Dear Mayor and City Council Members: Introduction The Long Range Planning Advisory Commission has reviewed the proposed Marquette Hall Urban Revitalization Area Plan. The plan will create an urban revitalization area at the former Sacred Heart Elementary School located at 2222 Queen Street to allow property tax exemption for affordable senior apartments. Background The plan provides for construction of 28 affordable senior apartments. The historic school will be rehabilitated and adapted to provide affordable senior housing in the North End Neighborhood of Dubuque. The local tax exemption is requested in part to help strengthen an application for housing tax credits with the Iowa Finance Authority. Discussion The role of the Long Range Planning Advisory Commission is to review new and amended urban revitalization plans and make a recommendation as to the plans consistency with the City of Dubuque Comprehensive Plan. Recommendation By a vote of 4 to 0, the Long Range Planning Advisory Commission recommends the Marquette Hall Urban Revitalization Area Plan is in compliance with the City of Dubuque Comprehensive Plan and will satisfy many of the fiscal needs of the City of Dubuque down the road. Respectfully submitted, Chad Darter, Chairperson Long Range Planning Advisory Commission cc: Michael C. Van Milligen, City Manager Alvin Nash, Housing and Community Development Director F:\USERSOjohnson\Councll Items\Urban Renewal&Revitilization UistrictsWarquette Hall Urban Revitalization Area Plan.tloc Service People Integrity Responsibility Innovation Teamwork Marquette Hall Urban Revitalization Plan For Public Review until March 7, 2016 Contents Introduction......................................................................................................................................... 1 TheArea ...............................................................................................................................................2 Availabilityof Funding......................................................................................................................3 RevenueBonds ..................................................................................................................................3 Relocation............................................................................................................................................3 Qualificationof Areas.......................................................................................................................4 HistoricSignificance.........................................................................................................................4 BuildingConditions...........................................................................................................................4 RevitalizationProgram .....................................................................................................................5 ApplicationProcedure......................................................................................................................6 Conclusion...........................................................................................................................................s [Type here] MARQUETTE HALL URBAN REVITALIZATION PLAN For Public Review Until March 7, 2016 Introduction The following plan describes certain provisions of the Iowa Urban Revitalization Act and proposes the Marquette Hall Revitalization area. The State of Iowa, under Iowa Code Chapter 404, allows cities to designate areas as urban revitalization districts. Under this Act, improvements to qualified areas may receive a total or partial exemption from property taxes for a specified number of years. The exemptions are intended to stimulate private investment through the reduction of tax increases related to property improvements. Once an area is deemed to meet the requirements established in Chapter 404, a plan must be established which identifies the district boundaries, property owners, existing conditions, proposed plans and the basic abatement provisions for the revitalization area. Iowa Code Chapter 404.1 lists five reasons for which a city or county may establish urban revitalization plans. These include: 1 . The existence of numerous buildings that are dilapidated or deteriorated; 2. The need for preservation and restoration of buildings due to their historic significance; 3. The area is appropriated as an economic development region as defined in Iowa Code 403.17; 4. The need for public improvements related to housing; and 5. The encouragement of housing and residential development. The Marquette Hall Urban Revitalization Plan will be based upon the predominance of buildings or improvements which by reason of age, history, architecture or significance should be preserved or restored to productive use as defined by Section 404.1(3). 1 [Type here] The Area Location The area included in the Marquette Hall Urban Revitalization district is located at 2222 Queen Street, Dubuque, IA legally described as: Lots 31 ,32,33,34 Sandford Sub. A map of the area boundaries is attached as Exhibit A. Zoning The existing zoning is OR (Office Residential District). Exhibit B shows the existing zoning districts. The property was rezoned from R-2A (Alternate Two-Family Residential District) on December 21 , 2015 (Ordinance No. 76- 15. Existing and Proposed Land Use The property was part of the original Sanford's Subdivision platted circa 1900. The Four-story Sacred Heart School was built in 1920 and remained active until recently. It is currently vacant. The property is on a 27,460 square foot corner lot with frontage along Regent and Queen Streets. The property accommodates a four-story vacant school building with approximately 14,000 square feet of area on each floor and an 18-space surface parking lot with access from both Queen and Regent Street. The proposed development plan will preserve and restore a historic building and provide 28 affordable senior housing apartments in the North End Neighborhood. Exhibit C identifies the existing primary land use for the proposed district. Assessed Valuations and Owners of Records 2 [Type here] The assessed value for 2015 is $39,560 for the land and $892,380 for the building, for a total of$931 ,940. Holy Spirit Parish, 2115 Windsor Avenue, Dubuque, IA is the current owner of the property. Holy Spirit Parish has entered into a purchase agreement with Cohen-Esrey Affordable Partners for the sale of the property pending the approval of state tax credits to finance the project. City Services There are no current plans to expand or improve City services to this area. Currently the area enjoys the same level of City services as most other areas of the City. Availability of Funding Funding sources for the redevelopment will include private funding, State and Federal Historic Tax Credits, and Low Income Housing Tax Credits. The City of Dubuque will sell a City-owned alley for one dollar, a discount off the market rate value of$11 ,000 to support the project. Contingent upon an award of Low Income Housing Tax Credits in 2016, the City will contribute $35,000 in Downtown Rehabilitation Grants (fagade, design, and financial consultant) and $30,000 Urban Housing Incentive. The establishment of the Marquette Hall Urban Revitalization Plan will assist to make this project financially feasible. Revenue Bonds There are no plans to issue revenue bonds for revitalization projects in this area. Relocation No relocation is expected due to rehabilitation of the parcels identified for this district since the buildings are currently vacant. Should relocation occur as a result of rehabilitation in the proposed district, the person(s) causing a qualified tenant to be displaced shall pay all of the relocation costs of the tenant as a condition for receiving a tax-exemption under Iowa Code Section 404.3. "Qualified tenant' shall mean the legal 3 [Type here] occupant of a residential dwelling unit which is located within this designated revitalization area and who has occupied the same dwelling unit continuously since one year prior to the city's adoption of this plan pursuant to Iowa Code Section 404.2. Qualification of Areas The Marquette Hall Urban Revitalization District Area is an area comprised of a four-story vacant building on a relatively level corner lot. The property was built in 1920. The building was formerly used as the Sacred Heart School. The property is located in a mixed use area that is characterized by single and two-family homes, an 18-unit housing complex, a church and associated parking lot, and a small restaurant with upper story residential. Historically, buildings associated with a church campus are difficult to adaptively reuse. These buildings typically sit vacant for long periods of time, due to the size and limitations for these large structures. The revitalization and reuse of these currently vacant buildings will prevent deterioration of the structures and the negative impact on the neighborhood that often results from blighted properties. Historic Significance The Marquette Hall Urban Revitalization Area contains historic structures that are worthy of preservation. In an effort to prevent the deterioration this building, it's appropriate that this area be designated as an urban revitalization area. The plan seeks to preserve and renovate the existing buildings into functional residential housing units. Building Conditions The City Assessor's office has classified the condition of the buildings as normal. The adaptive re-use of such buildings can be a challenge. To prevent blight that can be associated with vacant and underutilized structures, the development of this project is desirable. 4 [Type here] Revitalization Program Tax Exemption a) Residential property, assessed as residential or assessed as commercial property, if the commercial property consists of three or more separate living quarters with at least seventy-five percent of the space used for residential purposes, is eligible to receive a one hundred percent exemption from taxation on the actual value added by the improvements. The exemption is for a period of ten years. The property tax exemption will be in accordance with the Code of Iowa, Chapter 404.3(4), providing for a ten-year, 100% exemption of the actual value added by the improvements. b) "Qualified real estate" means real property, other than land, which is located in a designated revitalization area and to which improvements have been added, during the time the area was so designated, which have increased the actual value by at least fifteen percent., or at least ten percent in the case of real property assessed as residential, or which have, in the case of land upon which is located more than one building and not assessed as residential property, increased the actual value of the buildings to which the improvements have been made by at least fifteen percent. "Qualified real estate" also means land upon which no structure existed at the start of the new construction, which is located in a designated revitalization area and upon which new construction has been added during the time the area was so designated. c) Property tax exemption shall be available only for 'improvements', which include rehabilitation and additions to the existing structures. "Actual value added by improvements" means the actual value added as of the first year for which the exemption was received. To qualify for exemption, improvements to qualified real estate must increase the value of the property by ten percent for real property assessed as residential property or fifteen percent for land upon which is located more than one building and not assessed as residential property, increase the actual value of the buildings to which the improvements have been made by at least fifteen percent. 5 [Type here] d) Any improvements that were assessed before the area was officially designated will not be eligible for exemption. Improvements begun prior to one year prior to the area becoming designated will not be eligible for exemption. e) Improvements must result in that structure meeting applicable building, plumbing, mechanical, electrical, and other code requirements of the City of Dubuque. f) The actual value of the improvements must result in an increase in assessed value as stated above in (b). Each year an application is made for tax exemption, the assessed value must have increased in that year by the required percentage. g) The area shall become a Revitalization District commencing upon the adoption of the ordinance approving this Revitalization District by the City Council. The designation of the Marquette Hall Urban Revitalization Plan Area will remain in effect until the desired level of revitalization has been attained, or for five (5) years, whichever occurs first. Upon repeal of the ordinance establishing this revitalization area, all existing exemptions would continue until their previously established expiration date. Application Procedure This area, upon designation, will follow the procedures for application and granting of the property tax exemption within the City of Dubuque. a) The property owner must apply for an exemption by February 1 sc of the assessment year for which the exemption is first claimed, but not later than the year in which all the improvements included in the project are first assessed for taxation, or the following two assessment years, in which case the exemption is allowed for the total number of years in the exemption schedule. Upon the request of the owner, the governing body of the City may provide by resolution that the owner may file an application no later than February 1 of the tenth assessment year. b) The application must contain, at a minimum, the following: a. The nature of the improvements, 6 [Type here] b. The cost of the improvements, c. The actual or estimated date of completion, and d. The tenants occupying the property as of the date of the City's resolution adopting this plan. c) The City reviews all applications to determine whether the improvement project conforms to the revitalization plan, is within a designated area, and if the improvements were made during the appropriate time period. If the project meets all three criteria, the City shall forward the application to the assessor by March 1 st, with a statement as to which exemption applies. Applications for exemptions for succeeding years on approved projects shall not be required. d) The local assessor shall review each application by making a physical review of the property, to determine if the improvements made increased the actual value of the qualified real estate by at least fifteen percent or ten percent in the case of real property assessed as residential property. If the assessor determines that the actual value of that real estate has increased by at least the requisite percent, the assessor shall certify the property valuation, determined pursuant to the tax exemption schedule, to the County Auditor at the time of transmitting the assessment rolls. The assessor shall notify the applicant of the determination, and the assessor's decision may be appealed to the local board of review at the time specified in Iowa Code. The property owner may also refile an application in a subsequent year after additional improvements have been made. e) After the tax exemption is granted, the assessor shall continue to grant the tax exemption, with periodic physical review by the assessor, for the ten- year time period specified in the tax exemption schedule. f) An application for exemption received by February 1 in any year after the year in which the improvement was completed and first assessed for taxation, is a late application. Late application may be made in any year up to the tenth year following completion of the improvement. The exemption period will be the remainder of the ten year period, which began upon completion of the improvement, except the total number of [Type here] years in the exemption schedule will be allowed if a claim for exemption is filed within two years of the February 1 filing deadline. Conclusion The proposed urban revitalization district will assist the development of affordable housing for vulnerable populations by providing needed housing units for seniors in Dubuque. The project will assist the rehabilitation efforts of vacant or deteriorating properties by providing needed housing units and supporting reuse of existing structures for the citizens of Dubuque. In addition, the rehabilitation of the buildings will place the formerly tax-exempt buildings on the tax rolls. After the ten-year abatement period lapses on these projects, the full assessed value of the rehabilitation property will go on the tax rolls to the benefit of the entire community. F:\USERS\CDBG\Urban Revite\Marquette Hall 2016\Marquette Hall UR Plan.docx 8 Exhibit A: Location of Urban Revitalization District Plat of Survey (ROW Vacation) of: Lot 34—A of Sanford Subdivision, In the City of Dubuque, Iowa Comprised of: being a ROW vacation of the 20' Alle, between Regent St. & Queen St. and between Lots 11-19, inclusive, & Lots 31-34, inclusive, all in Sanforc Subdivision, in the City of Dubuque, Iowa PA PARED NY:NIS A As xA-fE .00 Ess:,a,x LocusT s DURUWE,IOWA PNONE 365 556-{SRR \ \fb / NOTE LOT 1-1 \ �$�/ LOT euac ! m,s 541RLEr Is LocATfc N rHf sfl/4 a Aop11,ON Yctgn n,TR6IR,RPE Uw9Va.E TNR}w PLACE / TVi 5TH F.N..N THE CITY DE pJ6UWL \ \ WOWUE EOLNtt.ATMA \ 4 _scxA>'r�Lor,-z ¢o3j� \mss#` ('a �i � b'� �9 \\ \\\ 'wasuOF / \ J ,\ // // \NO�ASCALE♦ v�\By /M01 / \ \ o LOT 10 OF QL@'. od� / SANE woWoN + ti-- POB <1 Lor IR / \ \�o• `'�'.+ 1 HATOIEAREA IS FOR PUBLIC O UTuIY£A9 \ \ \"•,y F 1-1-0 � ADO'TiaRG 61TIUN LOT 17 \ \ LOT �, RY \ �\ SANE sue')? 51QN \ \\ \\ LOT 16 V �=MOM M ti3O'Z...�'"� GIT-11 N\ \adF LOT 38 `.-�' METAL PLAR t\\ \ LOT 15 Ram\ \J �\ \ LOT 33 _ / A Lor u SUSpf SIOIN � \ LOT 74 s 8. LOT I W SACRED b$% Tr\ \ �+ ?D' 1A1�L 1RGOY LOT 13 / Y /O3 HEART PLACE OJ\ \ S a$..r"- SANF LOT SOIViSION \ LOT 11 / ry LQT 2 OF SACRED /s'Roo HEART PLACE S 30'51'16"w ,rym NOME/ 4.72' / �"�Of /NE5a'-5w166'-sNl9E' LOT(It IN Row / /32 Sr) OF LOT 1 OF MINERAL LEGEND Pwwr iRcn mPe O' 30' 6o' 120' 1—DTN-1 norm) 9 PpuAn cur_x SCALE: 1" - 60' CD R.Acep crr-x NOTES pPLA[yp p/8'RCN RER.O V.- 1.ALL N----N——OECI—MfRf6, PLASTC CAP A.—'—f64AT 2 PACPNE10x Ci ABNE OfSCRRFll ARE4 Ott OF WBuM PUAVEYfp BWMRY LVE 0.gyq,ATrTp P[Wf6'TEp BY.MARY LW BAAL 6�RIufg9 wNAOFR p ALLY—11 P.— ROPfRtt LINf 4.TOTAL ARLA ff TFRIMEIER SURtiEYm IS p11t ACk[5[6,13 CFNiFA u w ]:AIR RAT IS—T TO ALL EASE IS OF RM—1.0 x01 Cr RC—G ——50N—_ AGxT a v uxE R SUBJECT PROPERTY 6 ♦ .: � [Type here] Exhibit C. Current Land Use Legend Current Land Use Land Use Code Single-Family Multiple Family Institutional fCommeraal Public open Space park wm,w. Rd1 Moa(erylueon tl¢Mi�sr5eipp[ STAT 'Vv A { Se DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: February 05, 2016, and for which the charge is $16.93. � 9 Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this day of , 20 _. otary Public in and for Dubuque County, Iowa. r PUBLIC HEARING Marquette Hall Revitalization Area Plan The Dubuque City Council will hold a pub- lic hearing on Monday March 7, 2016 at 6:30 p.m,in the City Council Chambers, 2nd Floor, Historic FederalBuild- ing,. 350 West 6th Street, Dubuque, Iowa 52001 to obtain com- ments from citizens relative to the pro- posed Marquette Nall Urban Revitalization Area Plan. Clerk at City Hail, 50 The Pian will establish West 13th Street,;Du- the Marquette Nall Ur- ban Revitalization Area City of Dubuque for the purpose of of website www.cityofdu fordable senior hous- buque.org/urbanrevital Ing at 2222 Queen ization. Street, Dubuque, IA Comments regarding 52001. improvements the proposed Plan,may to qualified property be submitted on or be- within the designated, fore the time of the area may receive a public hearing to t to- tal or partial exemption Che city Clerk, 50 the from property taxes for 13th Street, Dubuque, est a specified number of Iowa 52001 563-589- years. The Marquette Nall 4100 or ctyclerk@cityof ubuque.org. Urban Revitalization d Area Plan is available Published this 5th day : of February 2016. for public inspection in it 215 the office of the City CITY OF DUBUQUE, IOWA OFFICIALNOTICE NOTICE OF PUBLIC HEARING. OF THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA, ON THE MATTER OF THE j ADOPTION OF A PROPOSED .URBAN REVITALIZATION PLAN FOR MARQUETTE ,' HALL Public 'notice is !, hereby given that the l Cou'ncil'of the City of Dubuque, Iowa, will, hold a-public hearing on.7th day of March, 2016, at 6:30 p.m., in the Historic Federal Building, 350 West 6th Street:Dubuque, Iowa, at'which:meeting:the'. City Council proposes' to fake action on the adoption of, an urbanI revitalization plan de- signated as the Urban Revitalization Plan for Marquette Hall, (the; "Plan") under the 1 authority of, Chapter. 404, Code of Iowa, as amended. The property which comprises the revitali zation area within which the Plan shall be"1 applicable is legally described as Lot Ws 31, 32, 33,34 Sanford Sub., according to the recorded plat thereof. (2222 Queen Street) Chapter 404, Code of Iowa,as amended,and the Plan authorize the City to make'property taxexemptions for property on which improvements' have'li y been made. Any persons interested may appear h at said meeting of the j City Council and present evidence for or, against the adoption of the Plan. The pro- posed Plan is on file in the office of the City Clerk'and available for public inspection or copying during regular office hours. G, Written comments regarding the above public hearings maybe submitted to the City Clerk's Office on or before said time of public hearing.at 50 W. , 13th Street, or cty 1 clerkCcityofdubuque. org: At said<time-:and place' of public hearings all,interested citizens and parties' will be given an opportunity to be heard for or,'against said proposal. Any visual dr hearing ;j impaired persort need- 1 eing �Tal„aS or pgS9.1s witWs'pe aoc`e55ibility - need's} 9,o_pld contact the City','i Clerks"Office%at (563) 589-4100`or TDD (563) 690-6678 at least 48' hours: prior to the meeting., This notice is given by order of the City l Council of the City of Dubuque,Iowa. Dated this 19th day of February 2016. Kevin S.Firnstahl,City Clerk of Dubuque,Iowa It 2/19 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation,publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: February 19, 2016, and for which the charge is $29.85. it i n Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, i� this �„ie day , 20/ Notary Public in and for Dubuque County, Iowa. 4 i u Co iasia� Pum ,Fri.. €2�v Comm. I Y,-I F r Y , t f A i S STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: February 19, 2016, and for which the charge is $29.85. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this ce-wel day o ��-«e,e, � , 20/ . Notary Public in and for Dubuque County, Iowa. MARY K. WESTF:> > Commission Num ::r 154885 a?v (,,omnt Fyn Fr-; CITY OF DUBUQUE, IOWA OFFICIAL NOTICE NOTICE OF PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA, ON THE. MATTER OF THE ADOPTION OF A PROPOSED URBAN REVITALIZATION PLAN FOR MARQUETTE HALL Public notice is hereby given that the Council of the City of Dubuque, Iowa, will hold a public hearing on 7th day of March, 2016, at 6:30 p.m., in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, at which meeting the City Council proposes to take action on the adoption of an urban revitalization plan de- signated as the Urban Revitalization Plan for Marquette Hall (the "Plan") under the authority of Chapter 404, Code of Iowa, as amended. The property which comprises the revitali- zation area within which the Plan shall be applicable is legally described as Lot #'s 31, 32, 33, 34 Sanford Sub., according to the recorded plat thereof. (2222 Queen Street) Chapter 404, Code of Iowa, as amended, and the Plan authorize the City to make property tax exemptions for property on which improvements have been made. Any persons interested may appear at said meeting of the City Council and present evidence for or against the adoption of the Plan. The pro- posed Plan is on file in the office of the City Clerk and available for public inspection or copying during regular office hours. Written comments regarding the above public hearings may be submitted to the City Clerk's Office on or before said time of public hearing at 50 W. 13th Street, or cty clerk@cityofdubuque. org. At said time and place of public hearings all interested citizens and parties will be given an opportunity to be heard for or against said proposal. Any visual or hearing impaired persons need- ing special assistance or persons with special accessibility needs should contact the City Clerk's Office at (563) 589-4100 or TDD (563) 690-6678 at least 48 hours prior to the meeting., This notice is given by order of the City Council of the City of Dubuque, Iowa Dated this 19th day of February, 2016. Kevin S. Firnstahl, City Clerk of Dubuque, Iowa It 2/19 PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND MARQUETTE HALL, LLC This Purchase and Sale Agreement (this "Agreement"), dated for reference purposes the s; day of 44� , 2016 by and between The City of Dubuque, Iowa, ("Seller") and MARQUETTE HALL, LLC, a Kansas limited liability company ("Buyer") (or its assigns). SECTION 1. REAL ESTATE DESCRIPTION. Buyer offers to buy real estate in Dubuque County, Iowa, described as follows: Vacated alley between Regent Street and Queen Street, as shown on Exhibits A and B with any easements and appurtenant servient estates, but subject to the following: a. any zoning and other ordinances; b. any covenants of record; c. any easements of record for public utilities, roads and highways designated the Real Estate; provided Buyer, on possession, is permitted to make the following use of the Real Estate: residential (the "Real Estate"). SECTION 2. PURCHASE PRICE. The purchase price is $1.00 (the "Purchase Price"), subject to an increase as set forth in Section 11 below. SECTION 3. REAL ESTATE TAXES. Seller shall pay any unpaid real estate taxes payable in prior years. Buyer shall pay all subsequent real estate taxes. Any proration of real estate taxes on the Real Estate shall be based upon such taxes for the year currently payable unless the parties state otherwise. SECTION 4. POSSESSION. If Buyer timely performs all obligations, possession of the Real Estate shall be delivered to Buyer on the closing date of that certain Purchase and Sale Agreement by and between Holy Spirit Parish and Marquette Hall, LLC dated of even date herewith (the "Apartment Contract") (the "Closing Date"). The intent of the parties hereto is that the Apartment Contract and this Agreement shall close simultaneous. Notwithstanding the foregoing, the Closing Date shall not extend beyond one (1) year from the date of this Agreement (the "Outside Closing Date"). SECTION 5. ASSIGNMENT AND ABSOLUTE RIGHT OF TERMINATION. This Agreement may be assigned with the consent of Seller. Buyer shall have the right to terminate this Agreement if the Apartment Contract is terminated or otherwise fails to close on or before the Outside Closing Date. SECTION 6. DEED. Upon payment of the Purchase Price, Seller shall convey the Real Estate to Buyer by Quit Claim Deed. Buyer is purchasing the Real Estate "as is" and Buyer makes no representations or warranties of title. SECTION 7. TIME IS OF THE ESSENCE. Time is of the essence in this Contract. SECTION 8. REMEDIES OF THE PARTIES. If either party fails to timely perform this Contract, Buyer and Seller are entitled to utilize any and all other remedies or actions at law or in equity available to them and shall be entitled to obtain judgment for costs and attorney fees as permitted by law. SECTION 9. CONTRACT BINDING ON SUCCESSORS IN INTEREST. This Contract shall apply to and bind the successors in interest of the parties. SECTION 10. TIME FOR ACCEPTANCE. If this offer is not accepted by Buyer on or before January 29, 2016 it shall become void and all payments shall be repaid to the Seller. SECTION 11. OTHER PROVISIONS. 11.1. Reimbursement of Title Matters. Buyer shall reimburse Seller upon receipt of a statement from Seller for all costs incurred by Seller, including the cost surveying, platting, filing, and recording fees related to the sale of the Real Estate, which shall include the vacation of the existing alley located on the Real Estate. 11.2. Construction of Improvements. (1) Buyer must comply with applicable law concerning the construction of improvements on the Real Property and concerning the construction of improvements contemplated in the Apartment Contract such as site plan approval, building permitting process, and inspection requirements. (2) Buyer will secure a building permit and begin remodeling the existing school building at 2222 Queen Street for senior housing on the Real Estate consistent with City requirements for senior housing not later than December 31, 2016 or the Construction Deposit (defined below) will be paid to the Seller. The contemplated project must meet the requirements for designation as a Qualified Residential Rental property as provided by the rules of the Iowa Finance Authority and must meet the Fair Housing Act definition of Housing for Older Persons. (3) Seller may have an interest in facilitating the purchase of homes owned by Applicants who apply for Buyer's affordable senior living accommodations. Buyer agrees to provide Seller with the name, address and contact number of K each Applicant with a City of Dubuque address for Buyer's affordable senior living accommodations at the time of receipt of each such application. (4) On the Closing, Buyer will deposit the sum of $11,000 with an escrow agent reasonably acceptable to Seller (the "Construction Deposit"). The Construction Deposit will be returned to Buyer upon the issuance of a Certificate of Occupancy from the City for the improvements constructed on the real property which is the subject of the Apartment Contract. 11.3. Environmental Provisions. Seller accepts the Real Estate "as is" and further agrees to defend, indemnify and hold Seller harmless from and against any and all claims of any kind arising out of or resulting from the condition of the Real Estate. 11.4. Notice. The following shall be used for purposes of providing written notice pursuant to this Contract. City of Dubuque City Manager 50 West 13th Street Dubuque IA 52001 Marquette Hall, LLC Attn: Tom Anderson 6800 West 64th Street Overland Park, Kansas 66202 11.5. This Agreement is subject to final approval by the City Council of Seller. 11.6. Buyer may not sell or assign this Contract unless the purchaser or assignee in the purchase agreement or assignment acknowledges the obligations of Section 11 in writing and agrees to be bound thereby. 11.7. The covenants in Sections 11. 1, 11.2, 11.3, and 11.6 shall survive the closing. THIS OFFER IS ACCEPTED CITY OF DUBUQUE, IOWA, SELLER Dated: /(4 By Mich el C. Van Milligen City Manager 3 MARQUETTE HALL, LLC Dated: 2 - By -By - —_- T m Anderson, Authorized Agent AMID:] F-11 fltu P'�ct of Sui-vey (ROVY' Vacation) of, Lot 34—A ofSanford Subd[vislon, in the. CRY oDubuque, lovia G'amprised of. hr. -,in g Fri';JP-ilic.In c;i FI r2CY Alc.,y between PeqErt b�teverj I.M!� 11-19, Sciri'lord the Oit.v ol .,. pl-NUNK, & A,-!VA7Y, Irt"K4.- `21V"Ull 11 5 ria n 41.11r-1 rA U,A 19. 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