HomeMy WebLinkAbout2023-07-10 H01 AP North DA_PH AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: July 10, 2023
AGENDA ITEM: Public hearing on the proposal to enter into a Development Agreement
with AP North, L.C.
FORMAT: Consent
SYNOPSIS INCLUDING PRO & CON: AP North, L.C. is proposing to develop just over 50-
acres east of Grand Prairie Parkway and south and northeast of SE Esker
Ridge Drive. The proposed development consists of new commercial
and public improvements. Public improvements include the design and
construction of a 5-acre regional storm water pond to be dedicated to the
City as public infrastructure.
The agreement would allow for up to Twelve (12) annual consecutive
payments. The initial six annual consecutive payments will be made at
70% of the incremental taxes and the remaining six annual consecutive
payments will be made at 80% of the incremental taxes. The economic
development grants shall not exceed $2M.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT: Construction of a regional stormwater pond will
integrate storm water improvements with public and private site
amenities; adding new community amenities to the Kettlestone district.
RECOMMENDATION: Hold a public hearing.
ATTACHMENTS: I. Development Agreement with AP North, L.C.
PREPARED BY: Jennifer Brown, Director of Economic Development
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION: Dallas County News
DATE OF PUBLICATION: July 6, 2023
H1
(One publication required)
NOTICE OF PUBLIC HEARING OF THE CITY COUNCIL OF
THE CITY OF WAUKEE IN THE STATE OF IOWA, ON THE
MATTER OF THE PROPOSAL TO ENTER INTO A
DEVELOPMENT AGREEMENT WITH AP NORTH, L.C., AND
THE HEARING THEREON
PUBLIC NOTICE is hereby given that the Council of the City of Waukee in the State of
Iowa, will hold a public hearing on July 10, 2023, at 5:30 P.M. in the Council Chambers, City
Hall, 230 West Hickman Road, Waukee, Iowa, at which meeting the Council proposes to take
action on the proposal to enter into a Development Agreement (the "Agreement") with AP North,
L.C. (the "Developer").
The Agreement would obligate the Developer to develop certain real property located
within the Waukee Consolidated Urban Renewal Area, including the "Development Property" and
"Pond Property", each defined and legally described in the Agreement, by constructing: (i)
"Commercial Improvements", consisting of commercial buildings to be used for office and retail
development, on the Development Property, and (ii) "Public Improvements", including a storm
water detention pond, on the Pond Property, which Public Improvements are expected to be
dedicated to the City upon completion, all as further described in the proposed Agreement.
The Agreement proposes that, under the terms and following Developer’s satisfaction of
the conditions set forth in the Agreement, the City will make up to twelve (12) annual payments
of Economic Development Grants to Developer commencing on June 1, 2026 and ending upon
the earliest of: (i) June 1, 2037, (ii) the maximum cumulative total of Economic Development
Grants having been paid to Developer, or (iii) the Agreement has terminated pursuant to its terms.
The maximum cumulative total of the Economic Development Grants shall not exceed the lesser
of (i) the amount of the Developer’s certified costs and expenses in constructing the Public
Improvements, or (ii) $2,000,000. The Agreement provides that, for the first 6 years of possible
Economic Development Grants, the Economic Development Grants will be in the amount of 70%
of the "Tax Increment" generated by construction of the Commercial Improvements and collected
pursuant to Iowa Code Section 403.19, and, for the subsequent 6 years of possible Economic
Development Grants, in the amount of 80% of the Tax Increment, subject to the terms and
conditions of the Agreement.
The Agreement requires the Developer to use commercially reasonable efforts to obtain
and retain tenants or purchasers for the Commercial Improvements who will em ploy employees
therein.
A copy of the Agreement is on file for public inspection during regular business hours in
the office of the City Clerk, City Hall, City of Waukee, Iowa.
At the above meeting the Council shall receive oral or written objections from any resident
or property owner of said City, to the proposal to enter into the Agreement with the Developer.
After all objections have been received and considered, the Council will at this meeting or at any
adjournment thereof, take additional action on the proposal or will abandon the proposal to
authorize said Agreement.
This notice is given by order of the City Council of the City of Waukee in the State of
Iowa, as provided by Section 364.6, Code of Iowa.
Dated this 19th day of June, 2023.
Rebecca D. Schuett
City Clerk, City of Waukee in the State of Iowa
(End of Notice)