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HomeMy WebLinkAbout2024-04-01 Resolution 2024-144_Set Public Hearing Date, Urban Renewal Plan, North Waukee Residential Amendment 2RESOLUTION NO. 2024-144 RESOLUTION SETTING DATES OF A CONSULTATION AND A PUBLIC HEARING ON A PROPOSED AMENDMENT NO. 2 TO THE NORTH WAUKEE, RESIDENTIAL URBAN RENEWAL PLAN 1N THE CITY OF WAUKEE, STATE OF IOWA WHEREAS, by Resolution No. 2020-429, adopted November 16, 2020, this Council found and determined that certain areas located within the City are eligible and should be designated as an urban renewal area under Iowa law, and approved and adopted the North Waukee Residential Urban Renewal Plan (the "Plan" or "Urban Renewal Plan") for the North Waukee Residential Urban Renewal Area (the "Area" or "Urban Renewal Area") described therein, which Plan is on file in the office of the Recorder of Dallas County; and WHEREAS, by Resolution No. 2023-463, adopted November 6, 2023, this City Council approved and adopted an Amendment No. 1 to the Plan; and WHEREAS, this Urban Renewal Area currently includes and consists of: ORIGINAL AREA NW '/4 of the NW '/4 of Section 27, Township 79N, Range 26W, City of Waukee, Dallas County, Iowa except Alyvia Plat 1, Corrected Fox Creek Estates Plat 6 and Parcel 17-179 as recorded in a Plat of Survey in Book 2017 at Page 8443 now known as Fox Creek Estates Plat 9, City of Waukee, Dallas County, Iowa and including the adjoining east half of right of way of Warrior Lane (Parcel #1227100018); and, SW '/4 of the NW '/4 of Section 27, Township 79N, Range 26W, City of Waukee, Dallas county, Iowa except Fox Creek Estates Plats 1, 4, 5 and Corrected Fox Creek Estates Plat 6 and including the adjoining east half of right of way of Warrior Lane (Parcel #1227100016); and, E'/z of the NE '/4 of Section 28, Township 79N, Range 26W, City of Waukee, Dallas County, Iowa except Parcel AA as shown in a Plat of Survey recorded in Book 2013 at Page 721, City of Waukee, Dallas County Iowa and including the adjoining west half of right of way of Warrior Lane (Parcel #1228200006, 1228200005); and, NE '/4 of the SE '/4 of Section 28, Township 79N, Range 26W, except that property platted as Indi Run Plats 1-3 and except Parcels 18-144 and 18-147 in the Plat of Survey recorded in Book 2018, Page 23747 now known as the The Commons at Greenway Plat 1, City of Waukee, Dallas County, Iowa (Parcel #1228400028); and, Lot 1 and Lot A of The Commons at Greenway Plat 1, an Official Plat, City of Waukee, Dallas County, Iowa (Parcel 41228480003, 1228480006); and, Lots A and B of Waukee Greenway Park Plat 1, an Official Plat, City of Waukee, Dallas County, Iowa (Parcel 1228477002); and, Lots B and C of Enterprise Business Park Plat 1, an Official Plat, City of Waukee, Dallas County, Iowa (Parcel #1227352001); and, Lot A of Enterprise Business Park Plat 2, an Official Plat, City of Waukee, Dallas County, Iowa (Parcel #1227355004); and, Lots A and B of Enterprise Business Park Plat 3, an Official Plat, City of Waukee, Dallas County, Iowa (Parcel 41227378005); and, Lot A of Fridley Palms Plat 1, an Official Plat, City of Waukee, Dallas County, Iowa (Parcel #1227379003): and, A PARCEL OF LAND IN THE EAST 50.00 FEET OF OUTLOT `B', THE POINT PLAT 1, AN OFFICIAL PLAT RECORDED IN BOOK 2003, PAGE 15821 AT THE DALLAS COUNTY RECORDER'S OFFICE, CITY OF WAUKEE, DALLAS COUNTY, IOWA. THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SE CORNER OF SAID OUTLOT'B', SAID SE CORNER ALSO BEING ON THE NORTH RIGHT-OF-WAY LINE OF HICKMAN ROAD (US HIGHWAY #6) AS IT IS PRESENTLY ESTABLISHED; THENCE S89°36'52"W, 50.00 FEET ALONG THE SOUTH LINE OF SAID OUTLOT 'B' AND SAID NORTH RIGHT-OF-WAY LINE TO A POINT: THENCE N00.10 35"E, 257.95 FEET ALONG A LINE THAT IS 50.00 FEET WEST OF AND PARALLEL TO THE EAST LINE OF SAID OUTLOT 'B' TO A POINT; THENCE N05000'51 "E, 118.57 FEET TO A POINT THAT IS 40.00 FEET WEST OF THE EAST LINE OF SAID OUTLOT 'B'; THENCE N00°10'35"E, 429.39 FEET ALONG A LINE THAT IS 40.00 FEET WEST OF AND PARALLEL TO THE EAST OF SAID OUTLOT 'B' TO POINT OF CURVATURE; THENCE NORTHERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 320.00 FEET AND A CHORD BEARING N11029'10"E, AN ARC LENGTH OF 126.33 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTHERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 265.00 FEET AND A CHORD BEARING N 17°03'36"E, AN ARC LENGTH OF 53.06 FEET TO A POINT ON THE EAST LINE, OF SAID OUTLOT 'B'; THENCE S00010'35"W, 978.76 FEET ALONG THE EAST LINE OF SAID OUTLOT 'B' TO THE POINT OF BEGINNING AND CONTAINING 0.91 ACRES (39,650 SQUARE FEET) as recorded in Acquisition Plat at 2013 Page 18714, City of Waukee, Dallas County, Iowa; and, Lot A of Prairie Crossing Plat 3, an Official Plat, City of Waukee, Dallas County, Iowa (Parcel # 1227410006); and, Outlot Z of Prairie Crossing Plat 7, an Official Plat, City of Waukee, Dallas County, Iowa (Parcel 41227451001); and, Lot 1 through Lot 6 of Bricktowne at Prairie Crossing Plat 1, an Official Plat, City of Waukee, Dallas County, Iowa (Parcel #1227452001-1227452006); Lots 2 through 5 of Bricktowne at Prairie Crossing Plat 1 have been reclassified as Bricktowne Prairie Crossing Condominiums and shall include the following buildings and units: Bricktowne Prairie Crossing Condominiums Building 2, Units 101-120, 201-220 and 301-320 (Parcel 91227453001-1227453060); Bricktowne Prairie Crossing Condominiums Building 3, Units 101-120, 201-220 L- and 301-320 (Parcel 41227453061 — 1227453120); Bricktowne Prairie Crossing Condominiums Building 5, Units 101-120, 201-220 and 301-320 (Parcel 1227453121 — 1227453180); Bricktowne Prairie Crossing Condominiums Clubhouse (Parcel 1227453181); Bricktowne Prairie Crossing Condominiums Garages (Parcel 1227453182). AMENDMENT NO. 1 AREA Removed land as follows: Outlot Z of Prairie Crossing Plat 8, an Official Plat, City of Waukee, Dallas County, Iowa (Parcel #1227454003) WHEREAS, City staff has caused there to be prepared a form of Amendment No. 2 to the Plan ("Amendment No. 2" or "Amendment"), a copy of which has been placed on file for public inspection in the office of the City Clerk and which is incorporated herein by reference, the purpose of which is to add to the list of eligible urban renewal projects and update the Plan Objectives and Activities; and WHEREAS, it is desirable that the area be redeveloped as part of the overall redevelopment covered by the Plan, as amended; and WHEREAS, this proposed Amendment No. 2 adds no new land to the Urban Renewal Area; and WHEREAS, the Iowa statutes require the City Council to notify all affected taxing entities of the consideration being given to the proposed Amendment No. 2 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 WHEREAS, the Iowa statutes further require the City Council to hold a public hearing on the proposed Amendment No. 2 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 Amendment 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, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF WAUKEE, STATE OF IOWA: Section 1. That the consultation on the proposed Amendment No. 2 required by Section 403.5(2), Code of Iowa, as amended, shall be held on April 8, 2024, in the Council Chambers, City Hall, 230 West Hickman Road, Waukee, Iowa, at 2:00 P.M., and the Assistant City Administrator, or his 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 Amendment No. 2, the notice to be in substantially the following form: NOTICE OF A CONSULTATION TO BE HELD BETWEEN THE CITY OF WAUKEE, STATE OF IOWA AND ALL AFFECTED TAXING ENTITIES CONCERNING THE PROPOSED AMENDMENT NO. 2 TO THE NORTH WAUKEE RESIDENTIAL URBAN RENEWAL PLAN FOR THE CITY 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 April 8, 2024, in the Council Chambers, City Hall, 230 West Hickman Road, Waukee, Iowa concerning a proposed Amendment No. 2 to the North Waukee Residential Urban Renewal Plan for the North Waukee Residential Urban Renewal Area, 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 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 Urban Renewal Area, and the duration of any bond issuance included in the Amendment. 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 Assistant City Administrator, or his 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 Amendment No. 2 to the North Waukee Residential 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 Is' day of April, 2024. 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 Amendment No. 2 before the City Council at its meeting which commences at 5:30 P.M. on May 6, 2024, in the Council Chambers, City Hall, 230 West Hickman Road, Waukee, Iowa. Section 4. That the City Clerk is authorized and directed to publish notice of this public hearing in the Dallas Count, once on a date not less 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 HEARING TO CONSIDER APPROVAL OF A PROPOSED AMENDMENT NO. 2 TO THE NORTH WAUKEE RESIDENTIAL URBAN RENEWAL PLAN FOR AN URBAN RENEWAL AREA IN TI IE CITY OF WAUKEE, 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 May 6, 2024 in the Council Chambers, City Hall, 230 West Hickman Road, Waukee, Iowa, to consider adoption of a proposed Amendment No. 2 to the North Waukee Residential Urban Renewal Plan (the "Amendment") concerning an Urban Renewal Area in the City of Waukee, State of Iowa. The North Waukee Residential Urban Renewal Area is legally described as follows: ORIGINAL AREA NW '/4 of the NW '/4 of Section 27, Township 79N, Range 26W, City of Waukee, Dallas County, Iowa except Alyvia Plat 1, Corrected Fox Creek Estates Plat 6 and Parcel 17-179 as recorded in a Plat of Survey in Book 2017 at Page 8443 now known as Fox Creek Estates Plat 9, City of Waukee, Dallas County, Iowa and including the adjoining east half of right of way of Warrior Lane (Parcel 41227100018); and, SW '/4 of the NW '/4 of Section 27, Township 79N, Range 26W, City of Waukee, Dallas county, Iowa except Fox Creek Estates Plats 1, 4, 5 and Corrected Fox Creek Estates Plat 6 and including the adjoining east half of right of way of Warrior Lane (Parcel 91227100016); and, E'/2 ofthe NE'/4 of Section 28, Township 79N, Range 26W, City of Waukee, Dallas County, Iowa except Parcel AA as shown in a Plat of Survey recorded in Book 201 i at Page 721, City of Waukee, Dallas County Iowa and including the adjoining west half of right of way of Warrior Lane (Parcel 41228200006, 1228200005); and, NE '/4 of the SE '/4 of Section 28, Township 79N, Range 26W, except that property platted as Indi Run Plats 1-3 and except Parcels 18-144 and 18-147 in the Plat of Survey recorded in Book 2018, Page 23747 now known as the The Commons at Greenway Plat 1, City of Waukee, Dallas County, Iowa (Parcel 41228400028); and, Lot 1 and Lot A of The Commons at Greenway Plat 1, an Official Plat, City of Waukee, Dallas County, Iowa (Parcel #1228480003, 1228480006); and, Lots A and B of Waukee Greenway Park Plat I. an Official Plat, City of Waukee, Dallas County, Iowa (Parcel 1228477002); and, Lots B and C of Enterprise Business Park Plat 1, an Official Plat, City of Waukee, Dallas County, Iowa (Parcel 41227352001); and, Lot A of Enterprise Business Park Plat 2, an Official Plat, City of Waukee, Dallas County, Iowa (Parcel #1227355004); and, Lots A and B of Enterprise Business Park Plat 3, an Official Plat, City of Waukee, Dallas County, Iowa (Parcel 41227378005); and, Lot A of Fridley Palms Plat 1, an Official Plat, City of Waukee, Dallas County, Iowa (Parcel 41227379003); and, A PARCEL OF LAND IN THE EAST 50.00 FEET OF OUTLOT `B', THE POINT PLAT 1, AN OFFICIAL PLAT RECORDED IN BOOK 2003, PAGE 15821 AT THE DALLAS COUNTY RECORDER'S OFFICE, CITY OF WAUKEE, DALLAS COUNTY, IOWA. THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SE CORNER OF SAID OUTLOT'B', SAID SE CORNER ALSO BEING ON THE NORTH RIGHT-OF-WAY LINE OF HICKMAN ROAD (US HIGHWAY #6) AS IT IS PRESENTLY ESTABLISHED; THENCE S89036'52"W, 50.00 FEET ALONG THE SOUTH LINE OF SAID OUTLOT 'B' AND SAID NORTH RIGHT-OF-WAY LINE TO A POINT; THENCE N0001035"E, 257.95 FEET ALONG A LINE THAT IS 50.00 FEET WEST OF AND PARALLEL TO THE EAST LINE OF SAID OUTLOT 'B' TO A POINT; THENCE N05000'51 "E, 118.57 FEET TO A POINT THAT IS 40.00 FEET WEST OF THE EAST LINE OF SAID OUTLOT 'B': THENCE N00°10'35"E, 429.39 FEET ALONG A LINE THAT IS 40.00 FEET WEST OF AND PARALLEL TO THE EAST OF SAID OUTLOT 'B' TO POINT OF CURVATURE; THENCE NORTHERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 320.00 FEET AND A CHORD BEARING N 1 1'29' 10"E, AN ARC LENGTH OF 126.33 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTHERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 265.00 FEET AND A CHORD BEARING N17003'36"E, AN ARC LENGTH OF 53.06 FEET TO A POINT ON THE EAST LINE OF SAID OUTLOT 'B'; THENCE S00010'35"W, 978.76 FEET ALONG THE EAST LINE OF SAID OUTLOT 'B' TO THE POINT OF BEGINNING AND CONTAINING 0.91 ACRES (39,650 SQUARE FEET) as recorded in Acquisition Plat at 2013 Page 18714, City of Waukee, Dallas County, Iowa; and, Lot A of Prairie Crossing Plat 3, an Official Plat, City of Waukee, Dallas County, Iowa (Parcel 41227410006); and, Outlot Z of Prairie Crossing Plat 7, an Official Plat, City of Waukee, Dallas County, Iowa (Parcel # 1227451001); and, Lot I through Lot 6 of Bricktowne at Prairie Crossing Plat 1, an Official Plat, City of Waukee, Dallas County, Iowa (Parcel # 1227452001-1227452006); Lots 2 through 5 of Bricktowne at Prairie Crossing Plat 1 have been reclassified as Bricktowne Prairie Crossing Condominiums and shall include the following buildings and units: Bricktowne Prairie Crossing Condominiums Building 2, Units 101-120, 201-220 and 301-320 (Parcel #1227453001-1227453060); Bricktowne Prairie Crossing Condominiums Building 3, Units 101-120, 201-220 and 301-320 (Parcel #1227453061 — 1227453120); Bricktowne Prairie Crossing Condominiums Building 5, Units 101-120, 201-220 and 301-320 (Parcel 1227453121 — 1227453180); Bricktowne Prairie Crossing Condominiums Clubhouse (Parcel 1227453181); Bricktowne Prairie Crossing Condominiums Garages (Parcel 1227453182). AMENDMENT NO. 1 AREA Removed land as follows: Outlot Z of Prairie Crossing Plat 8, an Official Plat, City of Waukee, Dallas County, Iowa (Parcel #1227454003) A copy of the Amendment 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 Amendment is approved, shall undertake the urban renewal activities described in such Amendment. The general scope of the urban renewal activities under consideration in the Amendment is to stimulate, through public involvement and commitment, private investment in low and moderate income residential development in the Urban Renewal Area through various public purpose and special financing activities outlined in the Amendment. To accomplish the objectives of the Amendment, and to encourage the further economic development of the Urban Renewal Area, the Amendment 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 of 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 Amendment 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 Amendment initially proposes no specific public infrastructure or site improvements to be undertaken by the City, and provides that the Amendment may be amended from time to time. The proposed Amendment No. 2 would add to the list of eligible urban renewal projects and update the Plan Objectives and Activities. The proposed Amendment adds no new land to the Urban Renewal Area. Other provisions of the Plan not affected by the Amendment would remain in full force and effect. 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 Is' day of April, 2024. Rebecca D. Schuett City Clerk, City of Waukee, State of Iowa (End of Notice) Section 5. That the proposed Amendment No. 2, attached hereto as Exhibit 1, for the Urban Renewal Area described therein is hereby officially declared to be the proposed Amendment No. 2 referred to in the notices for purposes of such consultation and hearing and that a copy of the Amendment shall be placed on file in the office of the City Clerk. PASSED AND APPROVED this I' day of April, 2024. Mayor ATTEST: bc 60"'u� to, City Clerk RESULTS OF VOTE: AYE NAY R. Charles Bottenberg X Chris Crone X Rob Grove X Anna Bergman Pierce X Ben Sinclair X ABSENT ABSTAIN AMENDMENT NO. 2 to the NORTH WAUKEE RESIDENTIAL URBAN RENEWAL PLAN for the NORTH WAUKEE RESIDENTIAL URBAN RENEWAL AREA WAUKEE, IOWA Original Area — 2020 Amendment No. 1 — 2023 Amendment No. 2 — 2024 Amendment No. 2 to the North Waukee Residential Urban Renewal Plan for the North Waukee Residential Urban Renewal Area City of Waukee, Iowa INTRODUCTION AND HISTORY The City of Waukee, Iowa (the "City") adopted the North Waukee Residential Urban Renewal Plan ("Plan" or "Urban Renewal Plan") by Resolution No. 2020-429 on November 16, 2020 in order to establish the North Waukee Residential Urban Renewal Area ('Urban Renewal Area" or "Area") and help local officials respond to and promote economic development in the City of Waukee (the "City"). The Plan was amended in 2023 to remove property from the Area and update the list of urban renewal projects. The primary goal of the Plan, as amended, remains to stimulate, through public involvement and commitment, private investment in new housing and residential development as defined in Iowa Code Section 403.17(12). The City has determined that there is a shortage of affordable and appropriate housing and that providing such housing is important for any or all of the following objectives: retaining existing industrial or commercial enterprises; attracting and encouraging the location of new industrial or commercial enterprises; meeting the needs of special elements of the population, such as the elderly or persons with disabilities; and providing housing for various income levels of the population which may not be adequately served. In order to achieve these objectives, the City intends to undertake Urban Renewal activities pursuant to the powers granted to it under Chapter 403 and Chapter 15A of the Code of Iowa, as amended. The Plan is being further amended by this Amendment No. 2 ("Amendment'") to add to the list of eligible urban renewal projects and update the Plan Objectives and Activities. No land is being added to or removed from the Urban Renewal Area by this Amendment. Accordingly, the previously established "base values" or "base valuations" of the Urban Renewal Area (if any) will remain unchanged by this Amendment. Except as modified by this Amendment, the provisions of the Urban Renewal Plan, as previously amended, are hereby ratified, confirmed, and approved and shall remain in full force and effect as provided herein. In case of any conflict or uncertainty, the terms of this Amendment shall control. Any subsections in the Plan not mentioned in this Amendment shall continue to apply to the Plan, as amended. AREA DESIGNATION The Urban Renewal Area continues to be an economic development area that is appropriate for the provision of public improvements related to housing and residential development and appropriate for construction of housing and residential development for low and moderate income families. DEVELOPMENT PLAN The Urban Renewal Plan, as amended, and this Amendment, are in conformity with the Waukee Comprehensive Land Use Plan, adopted in 2019, which is the City of Waukee's ("City") general plan for the development of the City as a whole. This Plan does not in any way replace or modify the City's current land use planning or zoning regulation process. Any need for improved traffic, public transportation, public utilities, recreational and community facilities, or other public improvements within the Urban Renewal Area is set forth in the Plan, as amended. AREA OBJECTIVES Renewal activities are designed to provide opportunities, incentives, and sites for new residential development within the Area. More specific objectives for development within the North Waukee Residential Urban Renewal Area are as follows: 1. To increase the availability of housing opportunities, which may, in turn, attract and retain local industries and commercial enterprises that will strengthen and revitalize the economy of the State of Iowa and the City of Waukee. 2. To stimulate, through public action and commitment, private investment in new housing and residential development including housing for low and moderate income families. 3. To plan for and provide sufficient land for residential development in a manner that is efficient from the standpoint of providing municipal services. 4. To help finance the cost of constructing public utility and infrastructure extensions and improvements in support of new housing and residential development. 5. To provide a more marketable and attractive investment climate. 6. To improve the housing conditions and housing opportunities, including housing for low and moderate income families and/or individuals. 7. To encourage residential growth and expansion through governmental policies which make it economically feasible to do business. 8. To promote development utilizing any other objectives allowed by Chapter 403 of the Code of Iowa. TYPES OF RENEWAL ACTIVITIES To meet the objectives of this Urban Renewal Plan and to encourage the development of the Area, the City intends to utilize the powers conferred under Chapter 403 and Chapter 15A, Code of Iowa including, but not limited to, tax increment financing. Activities may include: 1. To undertake and carry out urban renewal projects through the execution of contracts and other instruments. 2. To arrange for or cause to be provided the construction or upgrade of public infrastructure improvements, including streets and sidewalks, traffic lights, pedestrian safety measures, water, sanitary sewer, and storm sewer systems, public utilities or other facilities or physical improvements in connection with urban renewal projects. 3. To finance programs that will directly benefit housing conditions and promote the availability of housing in the community. 4. 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. 5. To borrow money and to provide security therefor. 6. To acquire or dispose of property 7. To make or have made surveys and plans necessary for the implementation of the urban renewal program or specific urban renewal projects. 8. To use tax increment financing for a number of objectives, including, but not limited to, achieving a more marketable and competitive land offering price and providing for necessary physical improvements and infrastructure. 9. To use tax increment for low and moderate income housing assistance. 10. To use any or all other powers granted by the Urban Renewal Act to develop and provide for improved economic conditions for the City of Waukee and the State of Iowa. PREVIOUSLY APPROVED URBAN RENEWAL PROJECTS Numerous urban renewal projects were authorized prior to the date of this Amendment and are continuing. Such projects are not listed in this Amendment but consist of a variety of urban renewal projects that are not altered by this Amendment. ELIGIBLE URBAN RENEWAL PROJECTS (Amendment No 2) Although certain project activities may occur over a period of years, in addition to projects previously authorized in the Plan the eligible urban renewal projects under this Amendment No. 2 include: 1. Development Agreements: A. Development Agreement with Greater Des Moines Habitaf for Humanity, Inc : The City expects to consider a request for a development agreement with Greater Des Moines Habitat for Humanity, Inc ("Habitat"). Pursuant to the development agreement, the City would transfer property in the Urban Renewal Area to Habitat, upon which property Habitat would construct approximately 48 townhomes to be sold to low and moderate income families ('Project"). Habitat will seek assistance from the State for the Project. To assist with a funding gap for the Project and to serve as a local match to the State assistance, the City would provide tax increment rebates to Habitat subject to the terms and conditions set forth in the development agreement. The costs of such development agreement will not exceed $1,200,000. B. Development Agreements: The City expects to consider requests for development agreements for projects that are consistent with this Plan, in the City's sole discretion. Such agreements are unknown at this time, but based on past history, and dependent on development opportunities and climate, the City expects to consider a broad range of incentives as authorized by this Plan, including but not limited to land, loans, grants, tax rebates, infrastructure assistance and other incentives. The costs of such development agreements will not exceed $5,000,000. 2. Planning, engineering fees (for urban renewal plans), attorney fees, other related costs to support urban renewal projects and planning Project Date Estimated cost Fees and costs Undetermined Not to Exceed $100,000 FINANCIAL DATA 1. Current constitutional debt limit: $143,651,362 2. Current outstanding general obligation debt: $108,167,173 3. Proposed amount of indebtedness to be incurred: A specific $6,300,000 amount of debt to be incurred for the Eligible Urban Renewal Projects (Amendment No. 2) has not yet been determined. This This does not document is for planning purposes only. The estimated project include financing costs in this Amendment are estimates only and will be incurred costs related to and spent over a number of years. In no event will the City's debt issuance, constitutional debt limit be exceeded. The City Council will which may be consider each project proposal on a case -by -case basis to incurred over the life of the Areanor determine if it is in the City's best interest to participate before does it include approving an urban renewal project or expense. Subject to the LMI set aside foregoing, it is estimated that the City's costs for the Eligible obligations. Urban Renewal Projects (Amendment No. 2) as described above will be approximately as stated in the next column: URBAN 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 Area, as amended. These include: A. Tax Increment Financing. Under Section 403.19 of the Code of Iowa, 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 from 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. Certain 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. B. 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, as amended, and for other urban renewal projects or incentives for development consistent with this Plan, as amended. 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, as amended. 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 the Plan, as amended. 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 funds 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 Iowa in furtherance of the objectives of the Plan. EFFECTIVE PERIOD This Amendment No. 2 will become effective upon its adoption by the City Council and will remain in effect until it is repealed by the City Council. Notwithstanding anything to the contrary in the Plan, any prior amendment, resolution, or document, the Plan, as amended, shall remain in effect until terminated by the City Council. With respect to the property included within the North Waukee Residential Urban Renewal Area, which is also included in an ordinance, 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, to provide or to assist in the provision of public improvements related to housing and residential development, is limited to ten (10) years beginning with the second fiscal year following the 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 the North Waukee Residential Urban Renewal Area. With respect to the property included within the North Waukee Residential Urban Renewal Area, which is also included in an ordinance, 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, to provide or to assist in constructing housing and residential development for low and moderate income families, is limited to twenty (20) years. It is anticipated that separate TIF ordinances for separate lots/parcel(s) may be adopted as development in the Area warrants such that property in each TIF ordinance may have a separate base value year and the division of revenue in each TIF ordinance may have a separate expiration date. 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 of revenue provided in Section 403.19 of the Code of Iowa) by the City for activities carried out under the North Waukee Residential Urban Renewal Plan shall be limited as deemed appropriate by the City Council and consistent with all applicable provisions of law. REPEALER AND SEVERABILITY CLAUSE Any parts of the previous Plan in conflict with this Amendment are hereby repealed. If any part of this Amendment or the Plan is determined to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity of the Amendment or the Plan as a whole, or any part of the Amendment or the Plan not determined to be invalid or unconstitutional. 02322145\21938-341