Dubuque Industrial Center West - Resolution of Necessity for UR Plan Amendment Copyright 2014
City of Dubuque Items to be set for Public Hearing # 2.
ITEM TITLE: Dubuque Industrial Center West- Resolution of Necessity
for Urban Renewal Plan Amendment
SUMMARY: City Manager recommending approval of a Resolution of
Necessity that finds that an Amended and Restated Urban
Renewal Plan for the Dubuque Industrial Center Economic
Development District is both necessary and appropriate
and sets a public hearing on the proposed amendment for
September 19, 2016.
RESOLUTION of Necessity Finding that certain new
Subareas should be established within the Dubuque
Industrial Center Economic Development District, that the
establishment of said Subareas is necessary in the interest
of the residents of the City of Dubuque, Iowa, and setting
dates of hearing and consultation on a proposed
Amendment to the Amended and Restated Urban Renewal
Plan for said District to include the new Subareas
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s), Set Public Hearing for 9/19/16
ATTACHMENTS:
Description Type
DICW Resolution of Necessity for Urban Renewal Plan City Manager Memo
- MVM Memo
Staff Memo Staff Memo
Joint Agreement Supporting Documentation
County Resolution for Joint Agreement Supporting Documentation
Resolution of Necessity - DICW Resolutions
Notice of Public Hearing Supporting Documentation
THE CITY OF Dubuque
DUB E i"
Masterpiece on the Mississippi 2007.2012.2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Resolution of Necessity for the Amendment of the Dubuque Industrial
Center Economic Development District Urban Renewal Plan
DATE: August 8, 2016
Economic Development Director Maurice Jones recommends City Council approval of a
Resolution of Necessity that finds that an Amended and Restated Urban Renewal Plan
for the Dubuque Industrial Center Economic Development District is both necessary and
appropriate and sets a public hearing on the proposed amendment for September 19,
2016.
The proposed amendment of the Amended and Restated Urban Renewal Plan for the
District would authorize the undertaking of additional urban renewal projects in the
District, including one with Roasting Solutions, LLC, consisting of developing,
constructing and operating a coffee roasting facility. It would also include additional
land for future development purposes for both the City and the County and acquisition
of a residential property.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Zia-A^,
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Maurice Jones, Economic Development Director
Dubuque Economic Development Department
THE CITY OF 50 West 13th Street
AII-AwftlitY Dubuque,Iowa 52001-4864
DUB3 &kE1 I Office(563)589-4393
TTY(563)690-6678
® http://www.cityofdubuque.org
Masterpiece on the Mississippi 200.2012.2013
TO: Michael Van Milligen, City Manager
FROM: Maurice Jones, Economic Development Director
SUBJECT: Resolution of Necessity for the Amendment of the Dubuque
Industrial Center Economic Development District Urban Renewal
Plan
DATE: August 3, 2016
INTRODUCTION
This memorandum presents for City Council consideration a Resolution of Necessity
that finds that: 1) an Amended and Restated Urban Renewal Plan for the Dubuque
Industrial Center Economic Development District ("District") is both necessary and
appropriate; and 2) sets a public hearing on the proposed amendment for September
19, 2016.
The proposed amendment of the Amended and Restated Urban Renewal Plan ("Urban
Renewal Plan") for the District would authorize the undertaking of additional urban
renewal projects in the District, including one with Roasting Solutions, LLC consisting of
developing, constructing and operating a coffee roasting facility (the "Project"). It would
also include additional land for future development purposes for both the City and the
County.
BACKGROUND
The original Dubuque Industrial Center Economic Development District was created on
May 2, 1988. The District is an urban renewal area which allows the City of Dubuque to
capture tax increment revenue from improvements made in the District in order to
promote economic development activities. The original area included the Dubuque
Industrial Center (known as Subarea A) and has been expanded several times over the
years to include the Dubuque Industrial Center West, the County Farm, the Bergfeld
Farm, the North Siegert Farm, the Rail Site, the South Siegert Farm, the Graf Farm, and
McFadden Farms (known as Subareas B, C) D, E, F, and G, respectively).
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.
DISCUSSION
City Staff have negotiated an agreement with the Roasting Solutions, LLC, a local
company that has outgrown its current facility. The company desires to expand,
bringing additional jobs to Dubuque, and identified a parcel in Dubuque Industrial
Center that would accommodate its larger facility. In order to provide appropriate
business incentives for this local growth, Staff wishes to amend the current Urban
Renewal Plan to include the Project.
In addition, staff recommends that a parcel of land adjacent to the current District be
added to the District in order to facilitate future economic development (contemplated as
Subarea H).
Staff have also had conversations with Dubuque County staff regarding the addition of
County-owned land (contemplated as Subareas I and J) to the Dubuque Industrial
Center Economic Development District in order to facilitate projects that would benefit
residents of both the City and County of Dubuque. At its August 8th Board of
Supervisor's meeting, the County has approved a Joint Agreement in order to include
County-owned land in the District, which will require a signature from the City, as well.
The attached Resolution directs staff to prepare an Amended and Restated Urban
Renewal Plan for the Dubuque Industrial Center Economic Development District,
describing the Project as one of the urban renewal projects that are currently expected
to be undertaken in the District and including the new Subareas described above.
Additionally, staff is required to hold a consultation process, required by law, with the
affected taxing entities concerning the proposed amendment.
A City Council public hearing on the Amended and Restated Urban Renewal Plan will
be scheduled for September 19, 2016. The public notice will be published four to
twenty days before the meeting to allow for the appropriate publication requirements.
This will allow time for preparation of the Plan and the consultation process with the
taxing entities.
RECOMMENDATION/ ACTION STEP
I recommend the City Council adopt the attached Resolution of Necessity that begins
the process of amending the Amended and Restated Urban Renewal Plan for the
Dubuque Industrial Center Economic Development District to include the Project and
the additional areas and any other applicable updating that may be necessary.
Attachment
RESOLUTION NO. 303-16
A RESOLUTION OF NECESSITY FINDING THAT CERTAIN NEW SUBAREAS
SHOULD BE ESTABLISHED WITHIN THE DUBUQUE INDUSTRIAL CENTER
ECONOMIC DEVELOPMENT DISTRICT, THAT THE ESTABLISHMENT OF SAID
SUBAREAS IS NECESSARY IN THE INTEREST OF THE RESIDENTS OF THE CITY
OF DUBUQUE, IOWA, AND SETTING DATES OF HEARING AND CONSULTATION
ON A PROPOSED AMENDMENT TO THE AMENDED AND RESTATED URBAN
RENEWAL PLAN FOR SAID DISTRICT TO INCLUDE THE NEW SUBAREAS
WHEREAS, the City Council of the City of Dubuque has heretofore, by
Resolution 309-15, adopted September 8, 2015, approved the Amended and Restated
Urban Renewal Plan (the "Urban Renewal Plan") for the Dubuque Industrial Center
Economic Development District (the "District") in order to provide redevelopment
opportunities which will further economic development purposes and objectives as
described in the Urban Renewal Plan; and
WHEREAS, City staff has recommended that the Urban Renewal Plan be further
amended to add additional project details, including a coffeeroasting facility project
undertaken by Roasting Solutions, LLC within the District, as well as establishing new
subareas for projects on both City and County -owned land in the District; and
WHEREAS, Iowa Code Chapter 403 requires that before urban renewal authority
may be exercised, the City Council must adopt a resolution of necessity finding that the
new subareas are slum, blighted or economic development areas and that so
designating such proposed new subareas 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 inclusion of the following proposed new subareas in the
District is necessary and appropriate to facilitate the proper growth and development of
the community in accordance with sound planning and local community objectives:
Proposed Subarea H is legally described as follows:
Lot 1 of the Northeast'/ of the Northeast'/, and Lot 2 of Lot 1 of Lot 1 of Lot 2 of
the Northeast IA of the Northeast'/, of Section 30, in Township 89 North, Range
2 East of the 5th Principal Meridian, in the City of Dubuque, Iowa.
Proposed Subarea I is legally described as follows:
Lot 2 Seippel Road Place #2, Dubuque County, Iowa.
Lot 2-1-1 of the Southeast Quarter of the Southeast Quarter of Section 25,
Township 89 North, Range 2 East of the 5th Principal Meridian, Dubuque
County, Iowa
Proposed Subarea J is legally described as follows:
Lot 2 Julien Care Place, Dubuque County, Iowa.
Lot 3 Julien Care Place, Dubuque County, Iowa
Lot 2-1 Julien Care Place, Dubuque County, Iowa
Section 2. That the proposed new subareas described above and in the Urban
Renewal Plan will be economic development areas as defined by Iowa Code Chapter
403 and appropriate for an urban renewal project.
Section 3. That the City Manager is authorized and directed to prepare an
Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center
Economic Development District, to accomplish the foregoing purposes and objectives,
to include in such Plan any appropriate project activities and details, and to determine
an appropriate date for and conduct the consultation process required by law with
affected taxing entities concerning the proposed amendment.
Section 4. That the City Council hold a public hearing on the adoption of the
proposed Amended and Restated Urban Renewal Plan for the Dubuque Industrial
Center Economic Development District on September 19, 2016 at 6:00 p.m. in the
Historic Federal Building, 350 West 6th Street, Dubuque, Iowa 52001. The notice of
said hearing shall generally identify the area to be covered by the Amended and
Restated Urban Renewal Plan and the scope of the urban renewal project activities
planned for such area, and said notice shall be published and available to the public not
less than four days nor more than twenty days before the date of said meeting. A copy
of the notice of public hearing shall be sent by ordinary mail to the affected taxing
entities.
Section 5. That the Mayor is authorized and directed to sign the Joint Agreement
between the County and the City with respect to the inclusion of Subareas I and J in the
District.
Section 6. That the City Clerk is further directed to send by ordinary mail a copy
of said Amended and Restated Urban Renewal Plan and the notice of public hearing, to
the Dubuque Community School District and the County Board of Supervisors, as the
affected taxing entities.
PASSED, APPROVED and ADOPTED this 11tt da of August, 2016.
Roy D. Bugl, Mayor
ATTEST:
Trish L. Gleason, Assistant City Clerk
JOINT AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
DUBUQUE COUNTY, IOWA
WHEREAS, the City Council of the City of Dubuque, Iowa (the City) desires to
amend an urban renewal area known as the Dubuque Industrial Center Economic
Development District (the District) to include property located within two (2) miles of, but
outside the corporate limits of, the City of Dubuque, for the purpose of undertaking an
urban renewal project; and
WHEREAS, the Board of Supervisors of Dubuque County, Iowa (the County) has
reviewed the area proposed to be included by amendment to the Urban Renewal Area
Plan for said area, and has determined that the creation of the area and completion of
the projects proposed in the District are in the best interests of Dubuque County; and
WHEREAS, because a portion of the land proposed to be added is outside the
corporate limits of the City of Dubuque, Iowa Code Section 403.17(4) requires a joint
agreement between the City and the County before the City can proceed with said
projects.
NOW THEREFORE, DUBUQUE COUNTY, IOWA AND THE CITY OF
DUBUQUE, IOWA AGREE AS FOLLOWS:
1 The Board of Supervisors of Dubuque County hereby consents to, agrees, and
authorizes the City to proceed with the amendment of the Dubuque Industrial Center
Economic Development District to include the real property described in the attached
Exhibit A, and further consents to the undertaking of urban renewal projects by the City
and the exercise of all lawful urban renewal powers and authority by the City within said
area.
2. This Joint Agreement is intended to meet the requirements of Iowa Code Section
403.17(4) with respect to the establishment of an urban renewal area in Dubuque
County, Iowa, to include land within two (2) miles of, but outside the corporate limits of,
the City of Dub u* que, Iowa.
3. This Joint Agreement has been duly authorized by the governing bodies of
Dubuque County and the City of Dubuque.
STATE OF IOWA )
COUNTY OF DUBUQUE )
DUBUQUE COUNTY IOWA
BY: /„AJti "i
Wayne
Dubugt1e County Board of Supervisors
emmer, Chairperson
ATTEST:
Bye
Mary J.J IBabel, Deputy County Auditor
ss
On this day of Gtfz, , 2016, before me a Notary Public in and
for the State of Iowa, personally appeared 10 0-14M-batthrleil and
ArtetrieNT. td , to me personally known, who being`duly sworn did say that
they ate the Chairperson of the Board of Supervisors and Auditor, respectively, of
Dubuque County, State of Iowa, a political subdivision, and that the seal affixed to the
foregoing instrument is the seal of said political subdivision, and that said instrument
was signed and sealed on behalf of said political subdivision by authority and resolution
of its Board of Supervisors and said Chairperson and Auditor acknowledged said
instrument to be the free act and deed of said political subdivision by it voluntarily
executed.
D 4I 7 E hi. DOLAN
mla&lon lurn'b it 151N7 i
,. }on EIplms
k.
Notary Public in and for Dubuque County, Iowa
CITY OF DUBUQ E, IOWA
By: /,)
Roy D. 0601, Mayor
ATTEST:
By:
2
Trish L. Gleason, Assistant City Clerk
STATE OF IOWA )
COUNTY OF DUBUQUE )
ss
On this qday of 1� �,; , 2016, before me a Notary Public in and
for said County, personal! appeared Roy D. Buol and
Trish L. Gleason *t9*me personally known, who being duly sworn, did say that
they are the Mayor and City Clerk, respectively, of the City of Dubuque, State of Iowa, a
Municipal Corporation, created and existing under the laws of the State of Iowa, and
that the seal affixed to the foregoing instrument is the seal of said Municipal
Corporation, and that said instrument was signed and sealed on behalf of said
Muni1p*al Corporation by authority and resolution of its City Council, and said Mayor
and City Clerk acknowledged said instrument to be the free act and deed of said
Municipal Corporation by it voluntarily execute
***Assistant City Clerk
PAMELA J. illcCARRO{
Commission Nun her 772419
My Comm, Exp.
ar
NotaryyPublic in a
3
m ($24
for Dubuque County, Iowa
ATTACHMENT A
LEGAL DESCRIPTION
Subarea I of the District consists of the real property legally described as follows:
'Lot 2 Seippel Road Place #2, Dubuque County, Iowa.
Lot 2-1-1 of the Southeast Quarter of the Southeast Quarter of Section 25, Township
89 North, Range 2 East of the 5th Principal Meridian, Dubuque County, Iowa
Subarea J of the District consists of the real property legally described as follows:
Lot 2 Julien Care Place, Dubuque County, Iowa.
Lot 3 Julien Care Place, Dubuque County, Iowa
Lot 2-1 Julien Care Place, Dubuque County, Iowa
RESOLUTION NUMBER
WHEREAS, the Dubuque County Board of Supervisors has been presented with
a Joint Agreement with the City of Dubuque to amend the established urban renewal
area known as the Dubuque Industrial Center Economic Development District, so as to
include property located within two miles of, but outside the corporate limits, of the City
of Dubuque, for the purpose of undertaking an urban renewal project; and
WHEREAS, the Dubuque County Board of Supervisors has reviewed the
proposed Joint Agreement and has determined to consent to the amendment of the
District and Plan as so proposed.
NOW, THEREFORE BE IT RESOLVED that the Dubuque County Board of
Supervisors approves and authorizes the Chairperson to sign the Joint Agreement with
the City of Dubuque to amend the Urban Renewal Plan and the urban renewal area
known as the Dubuque Industrial Center Economic Development District, so as to
include property located within two miles of, but outside the corporate limits of, the City
of Dubuque, for the purpose of undertaking urban renewal projects as provided by Iowa
Code Section 403.17(4).
Wayne D mmer, unairperson
Dubuquycounty Board of Supervisors
Approved: July 25, 2016
Attest:
In
Iry
Mary J. a el, Dubuque County Deputy Auditor
CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
PUBLIC NOTICE is hereby given that the City Council of the City of Dubuque, Iowa, will
hold a public hearing on the 19th day of September, 2016, at 6:00 p.m. in the Historic
Federal Building, City Council Chambers (Second Floor), 350 West 6th Street,
Dubuque, Iowa, at which meeting the City Council will consider a proposed amendment
to the Amended and Restated Urban Renewal Plan ("Plan") for the Dubuque Industrial
Center Economic Development District ("District").
The proposed amendment, if approved, would amend the Plan to include additional
project activities that may be undertaken in order to achieve the objectives of the Plan,
including those relating to the development, construction and operation of a coffee
roasting facility by Roasting Solutions, LLC. The amendment also would add areas
adjacent to the existing District, known as Subareas H, I, and J, to the District for the
purpose of redevelopment and the undertaking of urban renewal project activities
thereon by the City and Dubuque County, as described in the amended Plan. The City
Council has found that the proposed areas meet the definition of an economic
development area as found in Chapter 403 of the Iowa Code and should be included
therein.
The proposed Subarea H is legally described as follows:
Lot 1 of the Northeast % of the Northeast %, and Lot 2 of Lot 1 of Lot 1 of Lot 2 of
the Northeast % of the Northeast %, of Section 30, in Township 89 North, Range
2 East of the 5th Principal Meridian, in the City of Dubuque, Iowa.
The proposed Subarea I is legally described as follows:
Lot 2 Seippel Road Place #2, Dubuque County, Iowa.
Lot 2-1-1 of the Southeast Quarter of the Southeast Quarter of Section 25,
Township 89 North, Range 2 East of the 5th Principal Meridian, Dubuque
County, Iowa
The proposed Subarea J is legally described as follows:
Lot 2 Julien Care Place, Dubuque County, Iowa.
Lot 3 Julien Care Place, Dubuque County, Iowa
Lot 2-1 Julien Care Place, Dubuque County, Iowa
At the above meeting, the City Council will receive oral and written comments from any
resident or property owner of said City to the above action. Written comments
regarding the proposed amendment may be submitted to the City Clerk's Office on or
before said time of public hearing.
Copies of supporting documents for the public hearing are on file in the City Clerk's
Office, 50 W. 13" Street, and may be viewed during normal working hours.
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
TTY (563) 690-6678 at least 48 hours prior to the meeting.
Published by order of the City Council given on the 15th day of August, 2016.
Kevin Firnstahl, CMC, City Clerk