HomeMy WebLinkAbout2023-05-01 Resolution 2023-181_Set Public Hearing Date, Urban Renewal Plan, Kettlestone Phase 3 CommercialRESOLUTION NO. 2023-181
RESOLUTION DETERMINING THE NECESSITY AND
SETTING DATES OF A CONSULTATION AND A PUBLIC
HEARING ON A PROPOSI'.D KETTLESTONE PHASE 3
COMMERCIAL URBAN RENI:WAL PLAN FOR A PROPOSED
URBAN RENEWAL, AREA IN TI IE CITY OF WAUKE,E, STATF
OF IOWA
WI IEREAS, it is hereby found and determined that one or more economic development
areas, as defined in Chapter 403, Code of' Iowa, exist within the City and the rehabilitation,
conservation, redevelopment, development, or combination thereof, of the area is necessary in the
interest of the public health, safety, or wellare ol'the residents ofthe City; and
WI IEREAS, this Council has caused there to be prepared a proposed Kettlestone Phase 3
Commercial Urban Renewal Plan ("Plan" or "Urban Renewal Plan") for the Kettlestone Phase 3
Commercial Urban Renewal Area ("Area" or "Urban Renewal Area"), which proposed Plan is
attached hereto as Exhibit 1 and which is incorporated herein by reference, and
WI IEREAS, the purpose of the Plan is to lorm the Kettlestone Phase 3 Commercial Urban
Renewal Area suitable for economic development and to include a list of proposed projects to be
undertaken within the Urban Renewal Area, and a copy ol' the Plan has been placed on file for
public inspection in the office of the City Clerk, and
W11F.RI?AS, the property proposed to be included in the Urban Renewal Area is legally
described in the Plan and this Council has reasonable cause to believe that the Area described in
the Plan satisfies the eligibility criteria for designation as an urban renewal area under Iowa law
and, and
WI IEREAS, it is desirable that the area be redeveloped as part of the overall redevelopment
covered by the Plan; and
WI IEREAS, the proposed Urban Renewal Area includes land classified as agricultural land
and written permission of the current owners will be obtained; and
WIIEREAS, the Iowa statutes require the City Council to submit the proposed Urban
Renewal Plan to the Planning and Zoning Commission for review and recommendation as to its
conformity with the general plan for development of the City as a whole prior to Council approval
Of' such Plan, and further provides that the Planning and 'Zoning Commission shall submit its
written recommendations thereon to this Council within thirty (30) days of its receipt of such
proposed Urban Renewal Plan; and
WI IEREAS, the Iowa statutes require the City Council to notify all affected taxing entities
of' the consideration being given to the proposed Urban Renewal Plan and to hold a consultation
with such taxing entities with respect thereto, and further provides that the designated
representative of each affected taxing entity may attend the consultation and make written
recommendations for modifications to the proposed division of revenue included as a part thereof,
to which the City shall submit written responses as provided in Section 403.5. Code of Iowa, as
amended, and
WI IEREAS, the Iowa statutes further require the City Council to hold a public hearing on
the proposed Urban Renewal Plan subsequent to notice thereof by publication in a newspaper
having general circulation within the City, which notice shall describe the time, date, place and
purpose of the hearing, shall generally identify the urban renewal area covered by the Plan and
shall outline the general scope of the urban renewal project under consideration, with a copy of
the notice also being mailed to each affected taxing entity.
NOW THEREFORE, III," IT RESOLVED, BY THE CITY COUNCIL OF TIIF CITY OF
WAUKEE, STATE: OF IOWA:
Section 1. That the consultation on the proposed Urban Renewal Plan required by Section
403.5(2), Code of Iowa, as amended, shall be held on May 8, 2023, in the Council Chambers, City
I all, 230 West Hickman Road, Waukee. Iowa, at 2:00 P.M., and the Director of Economic
Development, or her delegate, is hereby appointed to serve as the designated representative of the
City for purposes of conducting the consultation, receiving any recommendations that may be
made with respect thereto and responding to the same in accordance with Section 403.5(2), Code
of Iowa.
Section 2. That the City Clerk is authorized and directed to cause a notice of such
consultation to be sent by regular mail to all affected taxing entities, as defined in Section
403.17(1). Code of Iowa, along with a copy of this Resolution and the proposed Urban Renewal
Plan, the notice to be in substantially the tollowing Ibrm:
NOTICE OF A CONSULTATION "TO BE I IF.LD BETWEFN TI II?
CITY OF WAUKEE, STATE. OF IOWA AND ALL AFFECTF,D
"TAXING ENTITIES CONCERNING THE PROPOSED
KFTTLESTONI,, PHASE 3 COMMVRCIAL URBAN RENEWAL
PLAN FOR TI IF CLTY OF WAUKEE, STATE OF IOWA
The City of Waukee, State of Iowa will hold a consultation with all affected taxing entities,
as defined in Section 403.17(1), Code of Iowa, as amended, commencing at 2:00 P.M. on May
8. 2023, in the Council Chambers. City I Iall, 230 West Hickman Road, Waukee, Iowa concerning
a proposed Kettlestone Phase 3 Commercial Urban Renewal Plan for the Kettlestone Phase 3
Commercial Urban Renewal At -ea. a copy of which is attached hereto.
Each affected taxing entity may appoint a representative to attend the consultation. The
consultation may include a discussion of the estimated growth in valuation of taxable property
included in the proposed Urban Renewal Area, the fiscal impact of the division of revenue on the
affected taxing entities, the estimated impact on the provision of services by each of the affected
taxing entities in the proposed Urban Renewal Area, and the duration of any bond issuance
included in the Plan.
The designated representative of any affected taxing entity may make written
recommendations for modifications to the proposed division of revenue no later than seven days
following the date of the consultation. The Director of Economic Development, or her delegate,
as the designated representative of the City of' Waukee, State of Iowa, shall submit a written
response to the affected taxing entity, no later than seven days prior to the public hearing on the
proposed Kettlestone Phase 3 Commercial Urban Renewal Plan, addressing any recommendations
made by that entity for modification to the proposed division of revenue.
This notice is given by order of the City Council of the City of Waukee, State of Iowa, as
provided by Section 403.5, Code of Iowa, as amended.
Dated this 2"d day of May, 2023.
Rebecca D. Schuett
City Clerk, City of Waukee, State of Iowa
(End of'Notice)
Section 3. That a public hearing shall be held on the proposed Urban Renewal Plan before
the City Council at its meeting which commences at 5:30 P.M. on June 5, 2023, in the Council
Chambers, City Hall, 230 West l lickman Road, Waukee, Iowa.
Section 4. That the City Clerk is authorized and directed to publish notice of this public
hearing in the Dallas County News, once on a date not Tess than four (4) nor more than twenty (20)
days before the date of the public hearing, and to mail a copy of the notice by ordinary mail to
each affected taxing entity, such notice in each case to be in substantially the following form:
(One publication required)
NOTICE OF PUBLIC IIEARING TO CONSIDER APPROVAL
OF A PROPOSED KI:'fTLESTONE PHASE 3 COMMERCIAL
UR13AN RLNEWAI. PLAN FOR A PROPOSED URBAN
RENEWAL AREA IN THE CITY OF WAUKFF, STATE OF
IOWA
The City Council of the City of Waukee, State of Iowa, will hold a public hearing before
itself at its meeting which commences at 5:30 P.M. on June 5, 2023 in the Council Chambers, City
I Iall, 230 West I Iickman Road. Waukee, Iowa, to consider adoption of a proposed Kettlestone
Phase 3 Commercial Urban Renewal Plan (the "Plan") concerning a proposed Urban Renewal
Area in the City of Waukee, State of Iowa.
The Kettlestone Phase 3 Commercial Urban Renewal Area is proposed to contain the land
legally described as Iollows:
Parcel 23-38 of the Plat of Survey recorded in Book 2023 Pape 5013. City of
Waukee, Dallas County, Iowa (Parcel 4 1603100048)
A copy of the Plan is on file for public inspection in the office of the City Clerk, City Hall,
City of Waukee. Iowa.
The City of' Waukee, State of Iowa is the local public agency which, if such Plan is
approved, shall undertake the urban renewal activities described in such Plan.
The general scope of the urban renewal activities under consideration in the Plan is to
promote the growth and retention of qualified industries and businesses in the Urban Renewal Area
through various public purpose and special financing activities outlined in the Plan. To accomplish
the objectives of the Plan, and to encourage the further economic development of the Urban
Renewal Area, the Plan provides that such special financing activities may include, but not be
limited to, the making of loans or grants of public funds to private entities under Chapter 15A,
Code of Iowa. The City also may reimburse or directly undertake the installation, construction
and reconstruction ol'substantial public improvements, including, but not limited to, street, water,
sanitary sewer, storm sewer or other public improvements. The City also may acquire and make
land available for development or redevelopment by private enterprise as authorized by law. The
Plan provides that the City may issue bonds or use available funds for purposes allowed by the
Plan and that tax increment reimbursement of the costs of urban renewal projects may be sought
if and to the extent incurred by the City. The Plan initially proposes no specific public
infi-astructure or site improvements to be undertaken by the City, and provides that the Plan may
be amended from time to time.
Any person or organization desiring to be heard shall be afforded an opportunity to be
heard at such hearing.
This notice is given by order of the City Council of the City of Waukee, State of Iowa, as
provided by Section 403.5. Code of Iowa.
Dated this 1s' day of May, 2023.
Rebecca D. Schuett
City Clerk, City of Waukee, State of Iowa
(F,nd of Notice)
Section 5. That the proposed Urban Renewal Plan, attached hereto as Exhibit 1, for the
proposed Urban Renewal Area described therein is hereby officially declared to be the proposed
Urban Renewal Plan referred to in the notices for purposes of such consultation and hearing and
that a copy of the Plan shall be placed on file in the office of the City Clerk.
Section 6. That the proposed Urban Renewal Plan be submitted to the Planning and Zoning
Commission for review and recommendation as to its conformity with the general plan for the
development of the City as a whole, with such recommendation to be submitted in writing to this
Council within thirty (30) days of the date hereof.
PASSED AND APPROVED this ls` day of May, 2023.
Mayor
ATTEST:
City Clerk
RESULTS OF VOTE:
AYE NAY ABSENT ABSTAIN
Anna Bergman Pierce
X
R. Charles Bottenberg
X
Chris Crone
X
Larry R. Lyon
X
Ben Sinclair
X
KETTLESTONE PHASE 3 COMMERCIAL
URBAN RENEWAL PLAN
for the
KETTLESTONE PHASE 3 COMMERCIAL
URBAN RENEWAL AREA
(North of Westown Parkway -West)
CITY OF WAUKEE, IOWA
June 2023
TABLE OF CONTENTS
SECTION
A. INTRODUCTION
B. DESCRIPTION OF "I'I IF. PI IASI > URBAN RENEWAL AREA
C. AREA DI?SIGNATION
D. 13ASE VALUE
E. DEVI'.LOPMENT PLAN
F. PLAN OBJECTIVE'S
G. "TYPES OE RENEWAL ACTIVITIES
H. ELIGIBLE URBAN RENEWAL PROJI'C"I'S
I. FINANCIAL INFORMATION
J. URBAN RENEWAL FINANCING
K. PROPERTY ACQUISITION/DISPOSITION
L. RELOCATION
M. PROPERLY WITHIN AN URBAN REVITALVATION AREA
N. STATE AND LOCAL REQUIRI:MFNI'S
O. SEVERABILITY
P. URBAN RENFWAI, PLAN AMENDMl`NTS
Q. EFFECTIVE PERIOD
R. AGRF,FMEN"I, "I"O INCLUDE, AGRICULTURAL LAND
EXHIBITS
A. LEGAL DESCRIPTION OF KI."I"I'Ll?STONF PI IASI,3 COMMERCIAL URBAN
RENEWAL ARIA
B. KETTLESTONE PI IASI; i COMMERCIAL URBAN RFNFWAL AREA MAP
C. AG LAND CONSENT AGRI`FMENT
Kettlestone Phase 3 Commercial Urban Renewal Plan
for the
Kettlestone Phase 3 Commercial Urban Renewal Area
(North of Westown Parkway- West)
City of Waukee, Iowa
A. INTRODUCTION
The Kettlestone Phase 3 Commercial Urban Renewal Plan ("Phase 3 Plan"' or "Phase 3 Urban
Renewal Plan") for the Kettlestone Phase 3 Commercial Urban Renewal Area ("Phase 3 Area"' or
"Phase 3 Urban Renewal Area") has been developed to help local officials promote commercial
and industrial economic development in the City of Waukee, Iowa (the "City"). In order to achieve
this objective, the City intends to undertake urban renewal activities pursuant to the powers granted
to it under Chapter 403 of'the Code of toira, as amended.
B. DESCRIPTION OF THE PHASE 3 URBAN RENEWAL AREA
The Phase 3 Urban Renewal Area is described in Exhibit "A"' and illustrated in Exhibit -B.- The
City reserves the right to modify the boundaries of the Area at some future date.
C. PHASE 3 AREA DESIGNATION
With the adoption of this Phase 3 Plan. the City designates this Phase 3 Urban Renewal Area as
an area appropriate for the promotion of economic development (commercial and industrial
development).
D. BASE VALUE
If the Phase 3 Urban Renewal Area is legally established, a Tax Increment Financing (TIF)
Ordinance is adopted, and debt is certified prior to December 1, 2023, the taxable valuation as of
January 1, 2022, will be considered the frozen "base valuation" of'the taxable property within that
area covered by the TIF ordinance. If a TIF Ordinance is not adopted until a later date, or debt is
not first certified prior to December 1, 2023, the frozen "base value" will be the assessed value of
the taxable property within that area covered by the TlF Ordinance as of'January l of the calendar
year preceding the calendar year in which the City first certifies the amount of any debt on the
Phase 3 Area.
E. DEVELOPMENT PLAN
The City has a general plan for the physical development of the City as a whole, outlined in the
Waukee Comprehensive Land Use Plan, adopted in 2019. The goals and objectives proposed in
this Phase 3 Plan, and the urban renewal projects described herein, are in conlormity with the land
use policies and plans for the development of the City as a whole established in the Waukee
Comprehensive Land Use Plan.
The Phase 3 Urban Renewal Plan does not in any way replace the City's current land use planning
or zoning regulation process. The land being included in the Phase 3 Urban Renewal Area is
currently zoned as K-RR (Kettlestone Regional Retail Uistrict), but may be rezoned, ifneeded, in
accordance with the City"s standard zoning processes.
The need, if any, for improved traffic, public transportation, public utilities, recreational and
community facilities, or other public improvements within the Phase 3 Urban Renewal Area is set
forth in this Phase 3 Plan. As the Phase 3 Area continues to develop, the need for public
infrastructure extensions and upgrades will be evaluated and planned for by the City.
F. PLAN OBJECTIVES
Renewal activities are designed to provide opportunities, incentives, and sites to promote
economic development (com inci-cial and industrial). More specific objectives for the development,
redevelopment, and rehabilitation within the Phase 3 Urban Renewal Area arc as follows:
To achieve a diversified. well-balanced economy providing a desirable standard of living.
creating job opportunities, and strengthening the tax base.
2. To plan for and provide sufficient land for commercial and industrial development in a
manner that is efficient from the standpoint ofproviding municipal services.
3. To provide for the installation of' public works and facilities including, but not limited to,
water, sanitary sewer and other public improvements, which contribute to the revitalization
of the area and to the sound development of the entire City.
4. To encourage commercial growth and expansion through governmental policies which
make it economically feasible to do business.
5. To provide a more marketable and attractive investment climate through the use of'various
federal, state and local incentives.
6. To stimulate, through public action and commitment, private investment in new and
expanded commercial and industrial development.
7. To improve the conditions and opportunities for economic development (commercial and
industrial).
8. To help develop a sound economic base that will serve as the foundation for future growth
and development.
9. To enhance the City by fostering an entrepreneurial climate, diversifying the local
economy, encouraging opportunities for new businesses, and supporting retention of
existing businesses.
10. To enhance the health, safety, living environment, general character, and general welfare
of Waukee, Iowa.
11. To promote development utilizing any other objectives allowed by Chapter 403 of the Code
of loti>>a.
G. TYPES OF RENEWAL ACTIVITIES
To meet the objectives of this Phase 3 Urban Renewal Plan and to encourage the development of
the Phase 3 Area, the City intends to utilize the powers conferred under Chapter 403 and Chapter
15A. Code of loira including, but not limited to, tax increment financing. Activities may include:
To undertake and cant' out urban renewal projects through the execution of
contracts and other instruments.
2. To arrange for or cause to be provided the construction or repair of public
infrastructure including but not limited to streets, curb and gutter. street lighting,
water, sanitary sewer, public utilities or other facilities in connection with urban
renewal projects.
3. To make loans, forgivable loans, grants. tax rebate payments or other types of
economic development grants or incentives to private persons. local development
organizations, or businesses for economic development purposes on such terms as
may be determined by the City Council.
4. To borrow money and to provide security therefor.
5. To acquire or dispose of property.
6. To provide for the construction of specific site improvements such as grading and
site preparation activities. access roads and parking, fencing, utility connections,
and related activities.
7. To make or have made surveys and plans necessary for the implementation of the
Urban Renewal Plan or specific urban renewal projects.
8. To use any or all other powers granted by the Urban Renewal Act to develop and
provide for improved economic conditions for the City.
Nothing herein shall be construed as a limitation on the power of the City to exercise any lawful
power granted to the City under Chapter 15, Chapter 15A, Chapter 403, Chapter 427B, or any
other provision of the Code of louva in furtherance of the objectives of this Urban Renewal Plan.
H. ELIGIBLE UR13AN RENEWAL PROJECTS
Although certain project activities may occur over a period of years, the eligible urban renewal
projects under this Phase 3 Urban Renewal Plan include:
1. Development Agreement with Iowa Youth Athletic Foundation and related entities:
The City expects to enter into a Development Agreement (the "Agreement") with Caliber
Land Company, LLC, Kettlestone Central, L.C., and Iowa Youth Athletic Foundation
(collectively of purposes of this description the "Developers"), pursuant to which the
Developers would cause the completion of a sports arena and commercial complex in four
phases. For purposes of this Phase 3 Plan, the eligible urban renewal project is the
completion of approximately $20,000,000 in commercial developments within the Phase
3 Area ("Phase 3 Commercial Improvements"), which development will further the
purposes of the Phase 3 Plan. The City expects to provide Developers with Economic
Development Grants in the form of rebates of incremental taxes generated by the Phase 3
Commercial Improvements, in an aggregate amount among all four phases of not to exceed
$39,487,500. The Economic Development Grants will be subject to annual appropriation
and the detailed terms and conditions in the Agreement.
2. Planning, Engineering Fees (for Urban Renewal Plans), Attorney Fees,
Administrative, and Other Related Costs to Support Urban Renewal Projects and
Planning:
Project
Estimated Date
Estimated Cost to be
Funded by TIF
Funds
Fees and Costs
Undetermined
Not to Exceed
$1,000,000
I. FINANCIAL INFORMATION
1.
July 1, 2022 Constitutional Debt Limit
$127,379,974
2.
Current Outstanding General Obligation Debt
$101,657,587
3.
Proposed amount of indebtedness to be incurred: A
$40,487,500
specific amount of debt to be incurred for the Eligible
Urban Renewal Projects has not yet been determined.
This includes the cost incurred
This document is for planning purposes only. The
for all four phases of planned
estimated project costs in this Plan are estimates only and
development and does not
include financing costs related
will be incurred and spent over a number of years. In no
to debt issuance, which may be
event will the City's constitutional debt limit be
incurred over the life of the
exceeded. The City Council will consider each project
Area.
proposal on a case -by -case basis to determine if it is in
the City's best interest to participate before approving an
urban renewal project or expense. It is further expected
that such indebtedness, including interest on the same,
may be financed in whole or in part with tax increment
revenues from the Phase 3 Urban Renewal Area. Subject
to the foregoing, it is estimated that the cost of the
Eligible Urban Renewal Projects as described above will
be approximately as stated in the next column:
J. UR13AN RENEWAL FINANCING
The City intends to utilize various financing tools, such as those described below to successfully
undertake the proposed urban renewal actions. The City has the statutory authority to use a variety
of tools to finance physical improvements within the Phase 3 Area. These include:
A. 'fax Increment Financing.
Under Section 403.19 of the Code of Ioirra, urban renewal areas may utilize the tax
increment financing mechanism to finance the costs of public improvements, economic
development incentives, or other urban renewal projects. Upon creation of a tax increment
district within the Area. by ordinance, the assessment base is frozen and the amount of tax
revenue available Isom taxes paid on the difference between the frozen base and the
increased value, if any, is segregated into a separate fund for the use by the City to pay
costs of the eligible urban renewal projects. The increased taxes generated by any new
development, above the base value, are distributed to the taxing entities, if not requested
by the City, and in any event upon the expiration of the tax increment district.
13. General Obligation Bonds.
Under Division III of Chapter 384 and Chapter 403 of the Code of Iowa, the City has the
authority to issue and sell general obligation bonds for specified essential and general
corporate purposes. including the acquisition and construction of certain public
improvements within the Area or incentives for development consistent with this Plan.
Such bonds are payable from the levy of unlimited ad valorem taxes on all the taxable
property within the City. It may be, the City will elect to abate some or all of the debt
service on these bonds with incremental taxes from this Area.
The City may also determine to use tax increment financing to provide incentives such as cash
grants, loans, tax rebates, or other incentives to developers or private entities in connection with
the urban renewal projects identified in this Plan. In addition, the City may determine to issue
general obligation bonds. tax increment revenue bonds or such other- obligations, or loan
agreements for the purpose of making loans or grants of public li►nds to private businesses located
in the Area for urban renewal projects. Alternatively, the City may determine to use available
funds for making such loans or grants or other incentives related to urban renewal projects. In any
event, the City may determine to use tax increment financing to reimburse the City for any
obligations or advances.
Nothing herein shall be construed as a limitation on the power of the City to exercise any lawful
power granted to the City under Chapter- 15, Chapter 15A, Chapter 403, Chapter 42713, or any
other provision of the Code of Imca in furtherance of the objectives of this Urban Renewal Plan.
K. PROPERTY ACQUISITIONAMSPOSITION
The City will follow any applicable requirements for the acquisition and disposition of property
within the Phase 3 Urban Renewal Area.
L. RELOCATION
The City does not expect there to be any relocation required of residents or businesses as part of
the proposed urban renewal project; however, if any relocation is necessary, the City will follow
all applicable relocation requirements.
M. PROPERTY WITHIN AN URBAN REVITALIZATION AREA
The Phase 3 Urban Renewal Area may (now or in the future) also be located within an established
Urban Revitalization At-ca. Properties within the Phase 3 Urban Renewal Area shall not be eligible
for tax abatement under an Urban Revitalization Plan without the City Council's specific approval.
The City Council, at its sole discretion, shall determine which incentives are available through
either: (a) this Plan for urban renewal incentives, if any urban renewal incentives are offered by
the City, at the City Council's sole discretion-, or (b) tax abatement incentives through the City's
Urban Revitalization Plan(s), or (c) a combination of urban renewal incentives and tax abatement
incentives.
N. STATE AND LOCAL REQUIREMENTS
The City will comply with all State and local laws related to implementing this Phase 3 Urban
Renewal Plan and its supporting documents.
O. SEVERABILITY
In the event one or more provisions contained in the Phase 3 Urban Renewal Plan shall be held for
any reason to be invalid, illegal. unauthorized. or unenforceable in any respect, such invalidity,
illegality, un-authorization, or ulien forceabiIity shall not affect any other provision of this Phase 3
Urban Renewal Plan, and this Phase 3 Urban Renewal Plan shall be construed and implemented
as it'such provisions had never been contained herein.
P. URBAN RENEWAL PLAN AMENDMENTS
This Phase 3 Urban Renewal Plan may be amended from time to time for a number- of reasons
including, but not limited to, adding or deleting land, adding or amending urban renewal projects,
or modifying goals or types of renewal activities. The City Council may amend this Phase 3 Plan
in accordance with applicable State law.
Q. EFFECTIVE PERIOD
This Phase 3 Urban Renewal Plan will become effective upon its adoption by the City Council and
shall remain in effect until terminated by the City Council.
With respect to the property included within the Phase 3 Urban Renewal Area, which is also
included in a Tax hlcrement Financing (TI F) ordinance which designates that property as a tax
increment area and is designated based on an economic development finding, the use of
incremental property tax revenues or the "division of revenue," as those words are used in Chapter
403 of the Code of Iowa, is limited to twenty (20) years beginning with the first calendar year
following the calendar year in which the City first certifies to the County Auditor the amount of
any loans, advances, indebtedness, or bonds which qualify for payment from the incremental
property tax revenues attributable to that property within a TlF Ordinance of the Phase 3 Urban
Renewal Area. The division of revenues shall continue on the Phase 3 Urban Renewal Area for
the maximum period allowed by law.
At all times, the use of tax increment financing revenues (including the amount of loans, advances,
indebtedness, or bonds which qualify for payment from the division ofrevenue provided in Section
403.19 ofthe Code ql km,a) by the City for activities carried out under the Phase 3 Urban Renewal
Area shall be limited as deemed appropriate by the City Council and consistent with all applicable
provisions of law.
R. AGREEMENT TO INCLUDE AGRICULTURAL LAND
Because some of the area included in the Phase 3 Urban Renewal Area contains land that is defined
as "agricultural land" by Iowa Code Section 40 3.17(3 ), the property owner has entered into an
agreement in which the property owner agrees to allow the City to include real property defined
L-
as "Agricultural Land" in the Phase 3 Urban Renewal Area. A copy of the agreement is attached
as Exhibit "C". The original signed agreement will be on file at the City Clerk's office.
EXHIBIT A
LEGAL DESCRIPTION OF
KETTLESTONE PHASE 3 COMMERCIAL URBAN RENEWAL AREA
PHASE 3 DEVELOPMENT PROPERTY (NORTH OF WESTOWN
PARKWAY - WEST)
Parcel 23-38 of the Plat oi' Survey recorded in [look 2023 Page 5013, City of
Waukee, Dallas County, Iowa (Parcel 4 1603100048)
EXHIBIT B
MAP OF KETTLESTONE PHASE 3 COMMERCIAL URBAN RENEWAL AREA
EXHIBIT C
AGREEMEN'I"I'O INCLUDE AGRICULTURAL LAND
IN THE KETTLES'I'ONE PI LASE-) COMMERCIAL URBAN RENEWAL AREA
WHEREAS, the City of Waukee, Iowa, (the "City") has proposed to adopt the Kettlestone Phase
3 Commercial Urban Renewal Plan (the "Phase 3 Plan") for the Kettlestone Phase 3 Commercial Urban
Renewal Area (the "Phase 3 Urban Renewal Area"), pursuant to Chapter 403 of the Code of Iowa, in order
to undertake activities authorized by that Chapter; and
WHEREAS, it has been proposed that the boundaries of the Phase 3 Urban Renewal Area will
include certain property which is owned by the Agricultural Land Owner listed below (the "Property");
and
WI IEREAS. Section 403.17(10) of the Code of Iowa provides that no property may be included
in an urban renewal area which meets the definition in that Section of "agricultural land," until the owners
of such property agree to include such property in such urban renewal area; and
WHEREAS, it has been determined that the portion of the Property owned by the Agricultural
Land Owner below meets the definition of "agricultural land" in Section 403.17(3) of the Code of Iowa;
NOW, THEREFORE, it is hereby certified and agreed by the Agricultural Land Owner as follows:
1. The Agricultural Land Owner hereby certifies that he/she is the owner of certain Property
within the proposed Phase 3 Urban Renewal Area and agrees that the City of Waukee, Iowa, may include
such Property within the Phase 3 Urban Renewal Area.
2. The Agricultural Land Owner further authorizes the governing body of the City of Waukee,
Iowa, to pass any resolution or ordinance necessary to designate said Property as part of the Phase 3 Urban
Renewal Area under Chapter 403 of the Code of' Iowa, and to proceed with activities authorized under
said Chapter.
DATED this day of
Agricultural band Owner's Name:
Signature:
Date:
Witness:
02174496-1 \21938-298
2023.
Agricultural band Owner's Name:
Signature:
Date:
Witness: