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HomeMy WebLinkAbout2024-04-01 Resolution 2024-145_Set Public Hearing Date, Competitive Bidding, Prairie Rose OutlotsRESOLUTION NO. 2024-145 RESOLUTION APPROVING REASONABLE COMPETITIVE BIDDING PROCEDURES FOR DISPOSITION OF CERTAIN PROPERTY LOCATED WITHIN THE NORTH WAUKEE RESIDENTIAL URBAN RENEWAL AREA; DIRECTING PUBLICATION OF RELATED NOTICES; AND DECLARING THE INTENT OF THE CITY TO ACCEPT THE OFFER SUBMITTED BY GREATER DES MOINES HABITAT FOR HUMANITY, INC. IN THE EVENT THAT NO QUALIFIED COMPETING PROPOSALS ARE SUBMITTED 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, the Plan has subsequently been amended by an Amendment No. 1 adopted in 2023, and is expected to be amended by an Amendment No. 2 on May 6, 2024; and WHEREAS, Iowa Code Chapter 403 authorizes cities to dispose of property in furtherance of the objectives of an urban renewal project and to take other actions as may be necessary to carry out the purposes of said Chapter; and WHEREAS, the City of Waukee (the "City") has received a proposal from Greater Des Moines Habitat for Humanity, Inc. ("Habitat"), in the form of a proposed Option Agreement and a proposed Development Agreement (collectively the "Agreement") by and between the City and Habitat, pursuant to which, among other things, the City would agree to sell certain City -owned real property within the Urban Renewal Area (the "Property") to Habitat for $1.00 and in consideration of Habitat's other obligations under the Agreement, which property is legally described as follows: Part of Outlots "X" and "Z" in PRAIRIE ROSE PLAT 2, an Official Plat, and part of Outlot "Z" in PRAIRIE ROSE PLAT 6, an Official Plat, all now included in and forming a part of the City of Waukee, Dallas County, Iowa, being more particularly described as follows: Commencing at the Northeast corner of said Outlot "X" in PRAIRIE ROSE PLAT 2; thence South 00°(degrees) 22'(minutes) 49"(seconds) West, 241.78 feet along the East line of said Outlot "X" to the Point of Beginning; thence continuing South 00°22'49" West, 622.89 feet along the East line of said Outlot "X"; thence South 45°03'06" West, 35.56 feet along the Southeast line of said Outlot "X"; thence South 89°43'24" West, 262.66 feet along the South lines of said Outlots "X" and "Z" in PRAIRIE ROSE PLAT 2; thence North 00°16'36" West, 57.22 feet, thence North 42'1605" West, 144.69 feet, thence North 09°44'56" East, 177.84 feet to and along the West line of said Outlot "X" in PRAIRIE ROSE PLAT 2; thence North 073740" West, 68.66 feet along the West line of said Outlot "X"; thence North 18°12'04" East, 80.92 feet along the West line of said Outlot "X"; thence North 02")8'24" West, 107.23 feet; thence North 23°54'23" East, 81.25 feet; thence North 45'18'15" East, 66.01 feet to the West line of said Outlot "X" in PRAIRIE ROSE PLAT 2; thence North 18'12'04" East, 31.51 feet along the West line of said Outlot "X"; thence South 89113711" East, 162.83 feet; thence South 46°09'35" East, 132.67 feet to the point of beginning. WHEREAS, the Agreement would require Habitat to construct 48 townhome-style residential units on the Property to be sold to low and moderate income families, along with related site improvements; and WHEREAS, because the Property is located within an urban renewal area, the City's sale of the Property is subject to the provisions of Iowa Code Section 403.8, and WHEREAS, in order to comply with Iowa Code Section 403.8, the City is approving competitive bidding procedures for the disposition of the Property and inviting all persons interested in submitting a competing offer for the Property to submit a proposal meeting the requirements set forth herein; and WHEREAS, to both recognize the proposal already received from Habitat (in the form of the Agreement) for the sale and redevelopment of the Property, and to give full and fair opportunity for other developers interested in submitting a proposal for the sale of the Property, by adoption of this Resolution this Council is: (i) determining a fair value of the Property, (ii) approving the minimum requirements for sale of the Property, (iii) approving "reasonable competitive bidding procedures" for disposition of the Property, and (iv) declaring the City's intent to accept the Agreement with Habitat ifno qualifying competing proposals are received; and WHEREAS, the Council has determined that the Agreement is in the best interests of the City and the residents thereof and that the performance by the City of its obligations thereunder is a public undertaking and purpose and in furtherance of the Plan and the Urban Renewal Law and, further, that the Agreement and the City's performance thereunder is in furtherance of appropriate activities and objectives of the Plan within the meaning of Iowa Code Chapter 403, taking into account the factors set forth therein; and WHEREAS, to comply with the procedural requirements of the Iowa Code Chapter 403 and other Iowa Code provisions, pursuant to Section 364.6 of the City Code of Iowa, it is deemed sufficient if the action hereinafter described be taken and the City Clerk publish notice of the proposal and of the time and place of the meeting at which the Council proposes to take action thereon and to receive oral and/or written objections from any resident or property owner of said City to such action. NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE, CITY OF WAUKEE IN THE STATE OF IOWA: Section 1. That, by this Resolution, this Council does hereby give notice to all persons interested in bidding for the sale of the Property of the opportunity to submit a proposal for purchase and development of the Property meeting the criteria set forth herein, which proposal must be submitted consistent with the procedural requirements set forth herein. Section 2. That all persons desiring to submit a competing proposal for the Property must submit a proposal pursuant to the following procedure, which procedure this Council has determined to be a reasonable competitive bidding process: a. Written proposals for the purchase of the Property must be received by the City Clerk at or before 2:00 P.M. on May 6, 2024, by personal delivery or postal mail to City Office, 230 West Hickman Road, Waukee, Iowa 50263. b. Each proposal that is timely received will be opened by the City Clerk, or the City Clerk's designee, at 2:00 P.M. in the City Clerk's office on May 6, 2024. The City Clerk, or the City Clerk's designee, is hereby authorized and directed to make a preliminary analysis of each such proposal for compliance with the minimum requirements established by this Council herein and to advise the Council with respect thereto. c. The qualifying proposals will be presented to the City Council during a public hearing at the Council meeting which begins at 5:30 P.M., at the Council meeting on May 6, 2024. The Council shall judge the strength of the proposals meeting the foregoing minimum requirements by the criteria set forth herein, and may make the final selection of a proposal or may reject any and all proposals received. Section 3. It is hereby determined that in order to qualify for consideration for selection, each bidder must submit a proposal which contains terms no less favorable to the City than those set forth in the Agreement submitted by Habitat, and which must include and provide for the bidder's purchase of the Property at not less than the fair value. Section 4. It is hereby determined, based on investigation by the City, that the proposed sale price of the Property of $1.00, in conjunction with the other promises and representations contained in the Agreement, is equal to or greater than fair value for the Property, and is hereby approved. The proposed sale price and the terms of payment as described in the Agreement are hereby approved; a copies of the Option Agreement and Development Agreement are on file with the City Clerk, a copy of which is available by contacting the City Clerk's office. Section 5. It is hereby determined that the Agreement submitted by Habitat satisfies the requirements of this offering and is approved as to form, subject to modifications as determined appropriate by the City Council, a copy of which Agreement is available from the City Clerk's office. Section 6. It is hereby determined that Habitat possesses the qualifications, financial resources, and legal ability necessary to purchase and redevelop the Property in the manner proposed by this offering and in accordance with the Plan. Section 7. This action of the Council shall be considered to be and does hereby constitute notice to all concerned of the intention of this Council to accept the Agreement with Habitat for the sale of the Property unless a qualified competing proposal is timely received, pursuant to the procedures set forth above, that, in the Council's judgement, is superior to the Agreement. Section 8. The City Clerk is hereby directed to cause at least one publication to be made of a notice of competitive bidding, in a legal newspaper having general circulation in the City, said publication to be at least thirty (30) days prior to the date competing proposals are due, which notice shall be in substantially the following form: NOTICE OF COMPETITIVE BIDDING FOR THE DISPOSITION OF CERTAIN PROPERTY LOCATED WI"THIN THE NORTH WAUKEE RESIDENTIAL, URBAN RENEWAL AREA PURSUANT TO COMPETITIVE, CRITERIA AND PROCEDURES PUBLIC NOTICE is hereby given that the City of Waukee, Iowa (the "City") has received a proposal in the form of an Option Agreement and a Development Agreement (collectively the "Agreement") from Greater Des Moines Habitat for Humanity, Inc. ("Habitat") related to the sale of certain City -owned property (the "Property"), and more particularly described as follows: Part of Outlots "X" and "Z" in PRAIRIE ROSE PLAT2, an Official Plat, and part of Outlot "Z" in PRAIRIE ROSE PLAT 6, an Official Plat, all now included in and forming a part of the City of Waukee, Dallas County, Iowa, being more particularly described as follows: Commencing at the Northeast corner of said Outlot "X" in PRAIRIE ROSE PLAT 2; thence South 00°(degrees) 22'(minutes) 49"(seconds) West, 241.78 feet along the East line of said Outlot "X" to the Point of Beginning; thence continuing South 00°22'49" West, 622.89 feet along the East line of said Outlot "X"; thence South 45°03'06" West, 35.56 feet along the Southeast line of said Outlot "X", thence South 89°43'24" West, 262.66 feet along the South lines of said Outlots "X" and "Z" in PRAIRIE ROSE PLAT 2; thence North 00°16'36" West, 57.22 feet; thence North 42'16'05" West, 144.69 feet; thence North 09°44'56" East, 177.84 feet to and along the West line of said Outlot "X" in PRAIRIE ROSE PLAT 2; thence North 073740" West, 68.66 feet along the West line of said Outlot "X"; thence North 18°12'04" East, 80.92 feet along the West line of said Outlot "X"; thence North 02°38'24" West, 107.23 feet; thence North 23°54'23" East. 81.25 feet; thence North 45'18'15" East, 66.01 feet to the West line of said Outlot "X" in PRAIRIE ROSE PLAT 2; thence North 18°12'04" East, 31.51 feet along the West line of said Outlot "X"; thence South 8903711" East, 162.83 feet; thence South 46°09'35" East, li2.67 feet to the point of beginning. The Agreement proposes that the City would sell the Property to Habitat for $1.00, under the terms and conditions set forth in the Agreement, including that Habitat will use the Property to construct 48 townhome-style residential units on the Property to be sold to low and moderate income families, along with related improvements. In order to comply with Iowa Code Section 403.8, the City has established reasonable competitive bidding procedures for the anticipated disposition of the Property and all persons interested in submitting a competing proposal for the purchase and development of the Property (as legally described above) should submit a proposal meeting the requirements set forth herein: In order to qualify for consideration for selection, each bidder must submit a proposal that contains terms no less favorable to the City than those set forth in the Agreement submitted by Habitat. Copies of the Option Agreement and Development Agreement are available for public inspection by contacting the City Clerk's office during regular business hours. In order to qualify for consideration for selection, each bidder must submit a proposal that provides for the bidder's purchase of the Property at not less than fair value in accordance with Iowa Code Section 403.8. The City Council has determined that the Agreement's proposed sale price for the Property of $1.00, in conjunction with the other obligations and representations contained in the Agreement, is equal to or greater than fair value. Written proposals for the purchase of the Property must be received by the City Clerk's office at or before 2:00 PM on May 6, 2024, by personal delivery or postal mail to the City Office at City Hall, 230 West Hickman Road, Waukee, Iowa 50263. Each qualifying competing proposal received will be opened by the City Clerk or her designee in the City Clerk's office at 2:00 P.M. on May 6, 2024, and will be presented to the City Council during a public hearing at the Council meeting which begins at 5:30 P.M. at the Council meeting on May 6, 2024. The Council shall judge the strength of the proposals meeting the foregoing minimum requirements by the criteria set forth above and may make the final evaluation and selection of a proposal or may reject any or all proposals. In the event that no other qualified proposals are timely submitted, the City intends to enter into the Agreement with Habitat, and sell the Property to Habitat under the terms and conditions of the proposed Agreement. This notice is given by order of the City Council of the City of Waukee in the State of Iowa, as provided by Sections 364.6 and 403.8 of the Code of Iowa. Dated this I" day of April, 2024. Rebecca D. Schuett City Clerk, City of Waukee in the State of Iowa (End of Notice) Section 9. That this Council shall hold a public hearing at its meeting which begins at 5:30 P.M. on Mary 6, 2024, in the City Office, 230 West Hickman Road, Waukee, Iowa 50263 for the purpose of taking action on the matter of the proposal to accept the proposed Option Agreement and Development Agreement with Greater Des Moines Habitat for Humanity, Inc., and the conveyance of real property thereunder. Section 10. That the City Clerk is hereby directed to cause at least one publication to be made of a notice of said public hearing, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four (4) clear days nor more than twenty (20) days before the date of said public meeting. Section 11. The notice of the public hearing and proposed action shall be in substantially the following form: (One publication required) NOTICE OF PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF WAUKEE IN TIIE STATE OF IOWA, ON THE MATTER OF THE PROPOSAL TO CONVEY REAL PROPERTY TO GREATER DES MOINES HABITAT FOR HUMANITY, INC. PURSUANT TO A PROPOSED OPTION AGREEMETN AND PROPOSED DEVELOPMENT AGREEMENT, 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 before itself at its meeting that commences at 5:30 P.M. on May 6, 2024, in the City Office, 230 West Hickman Road, Waukee, Iowa 50263, at which meeting the Council proposes to take action on the proposal to enter into an Option Agreement and a Development Agreement (collectively the "Agreement") with Greater Des Moines Habitat for Humanity, Inc. ("Habitat"), and the proposal to convey certain real property (the "Property") located within the North Waukee Residential Urban Renewal Area to Habitat, pursuant to the terms and conditions of the Agreement. The Property is legally described as: Part of Outlots "X" and "Z" in PRAIRIE ROSE PLAT 2, an Official Plat, and part of Outlot "Z" in PRAIRIE, ROSE PLAT 6, an Official Plat, all now included in and forming a part of the City of Waukee, Dallas County, Iowa, being more particularly described as follows: Commencing at the Northeast corner of said Outlot "X" in PRAIRIE ROSE PLAT 2; thence South 00°(degrees) 22'(minutes) 49"(seconds) West, 241.78 feet along the East line of said Outlot "X" to the Point of Beginning; thence continuing South 00°22'49" West, 622.89 feet along the East line of said Outlot "X"; thence South 45°03'06" West, 35.56 feet along the Southeast line of said Outlot "X"; thence South 89°43'24" West, 262.66 feet along the South lines of said Outlots "X" and "Z" in PRAIRIE ROSE PLAT 2; thence North 00°16'36" West, 57.22 feet; thence North 42' 16'05" West, 144.69 feet; thence North 09°44'56" East, 177.84 feet to and along the West line of said Outlot "X" in PRAIRIE ROSE PLAT 2; thence North 0737'40" West, 68.66 feet along the West line of said Outlot "X"; thence North 18° 12'04" East, 80.92 feet along the West line of said Outlot "X"; thence North 02")8'24" West, 107.23 feet; thence North 23°54'23" East, 81.25 feet; thence North 45'18'15" East, 66.01 feet to the West line of said Outlot "X" in PRAIRIE ROSE PLAT 2; thence North 18012'04" East, 31.51 feet along the West line of said Outlot "X"; thence South 8903711" East, 162.83 feet; thence South 46°09'35" East, 132.67 feet to the point of beginning. The Agreement proposes that the City would sell the Property to Habitat for $1.00 and in consideration of Habitat's other obligations set forth in the Agreement, including that the Property will be used to construct 48 townhome-style residential units on the Property to be sold to low and moderate income families, subject to the detailed terms and conditions set forth in the Agreement. Copies of the Option Agreement and Development Agreement are on file for public inspection during regular business hours in the office ofthe City Clerk, City Hall, City of Waukee, Iowa. The proposal may be subject to additional conditions as may be stated either in the Agreement, the resolution of the City Council, or documents entered into between the parties. At the above meeting, the Council shall receive oral or written objections from any resident or property owner to the proposal to enter into the Agreement with Habitat. After all objections have been received and considered, the Council may at this meeting or at any adjournment thereof, take additional action to approve the Agreement or to modify the Agreement, or may 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 364.7 of the City Code of Iowa. Dated this I" day of April, 2024. Rebecca D. Schuett City Clerk, City of Waukee in the State of Iowa (End of Notice) PASSED AND APPROVED this 1" day of April, 2024. MaySr ATTEST: City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN R. Charles Bottenberg X Chris Crone X Rob Grove X Anna Bergman Pierce X Ben Sinclair X