HomeMy WebLinkAbout2024-08-05 I01I_03 The Quarter Commercial Amendment 1 URA_Set PHAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: August 5, 2024
AGENDA ITEM:Consideration of approval of a resolution setting dates of a consultation
and a public hearing on a proposed Amendment No. 1 to the Waukee
Quarter Commercial Urban Renewal Plan in the City of Waukee, State of
Iowa
FORMAT:Consent Agenda
SYNOPSIS INCLUDING PRO & CON: Staff is recommending changes to Waukee’s
Quarter Commercial Urban Renewal Plan/Area including the addition of certain property
(Parcel# 1604376004) within the plan, updates to the eligible projects and updates to the financial
Information. The property highlighted in red is proposed to be added to the Quarter Commercial
Urban Renewal Area.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE
COMMENT:
STAFF REVIEW AND COMMENT: Pending the
approval of the public hearing date, staff will hold a
consultation meeting with the County and the affected
school district involved in the Plan area to review
the proposal. That meeting is tentatively scheduled for
Monday, August 12, 2024
RECOMMENDATION: Approve the resolution.
ATTACHMENTS: I. Proposed Resolution
PREPARED BY:Jennifer Brown
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
MAP OF QUARTER COMMERCIAL
URBAN RENEWAL AREA, AS AMENDED
I1I3
RESOLUTION NO. ______
RESOLUTION SETTING DATES OF A CONSULTATION AND
A PUBLIC HEARING ON A PROPOSED AMENDMENT NO. 1
TO THE QUARTER COMMERCIAL URBAN RENEWAL PLAN
IN THE CITY OF WAUKEE, STATE OF IOWA
WHEREAS, by Resolution No. 2022-535, adopted December 19, 2022, 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 Quarter Commercial Urban
Renewal Plan (the "Plan" or "Urban Renewal Plan") for The Quarter Commercial 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, this Urban Renewal Area currently includes and consists of:
Lots 2-3 and 5-15, Outlot Y, and Outlot Z of KeeTown Loop Plat 1, an Official
Plat, now including and forming a part of the City of Waukee, Dallas County, Iowa
(Parcel #1604480002, 160448004 through 1604480016, 1604377001; and
Lots 1-3, KeeTown Loop Plat 2, and an Official Plat, now including and forming a
part of the City of Waukee, Dallas County, Iowa (Parcel #1604481001 –
1604481003); and
Lots A, B, C and D of The Shops at Kettlestone North Plat 4, an Official Plat, City
of Waukee, Dallas County, Iowa (Parcel #1604332002).
WHEREAS, City staff has caused there to be prepared a form of Amendment No. 1 to the
Plan ("Amendment No. 1" 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 update the description of a previously approved urban renewal project to be
undertaken within the Urban Renewal Area and to add land to the Urban Renewal Area; 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. 1 adds the following land to the Urban
Renewal Area:
Parcel 1604376004 shown as Outlot V in THE SHOPS AT KETTLESTONE
NORTH PLAT 4, an Official Plat, now included in and forming a part of the City
of Waukee, Dallas County, Iowa, Except Parcel ‘19-92’ of a part of said Outlot V
as shown in Survey filed in Book 2019, Page 16817 and Except Parcel ‘21-94’ of
a part of said Outlot V as shown in Survey recorded in Book 2021, Page 28853
WHEREAS, the Iowa statutes require the City Council to notify all affected taxing entities
of the consideration being given to the proposed Amendment No. 1 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. 1 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. 1 required by Section
403.5(2), Code of Iowa, as amended, shall be held on August 12, 2024, in the Council Chambers,
City Hall, 230 West Hickman Road, Waukee, Iowa, at 2:00 P.M., and the Economic Development
Director, 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 Amendment No.
1, 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. 1 TO THE QUARTER COMMERCIAL
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
August 12, 2024, in the Council Chambers, City Hall, 230 West Hickman Road, Waukee, Iowa
concerning a proposed Amendment No. 1 to The Quarter Commercial Urban Renewal Plan for
The Quarter Commercial 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 Economic Development Director, 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
Amendment No. 1 to The Quarter 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 6th day of August, 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. 1 before
the City Council at its meeting which commences at 5:30 P.M. on September 3, 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 County News, 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. 1 TO THE QUARTER
COMMERCIAL URBAN RENEWAL PLAN FOR AN URBAN
RENEWAL AREA IN THE 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 September 3, 2024 in the Council
Chambers, City Hall, 230 West Hickman Road, Waukee, Iowa, to consider adoption of a proposed
Amendment No. 1 to The Quarter Commercial Urban Renewal Plan (the "Amendment")
concerning an Urban Renewal Area in the City of Waukee, State of Iowa.
The Amendment proposes to add certain land to the Urban Renewal Area, legally described
as follows:
Parcel 1604376004 shown as Outlot V in THE SHOPS AT KETTLESTONE
NORTH PLAT 4, an Official Plat, now included in and forming a part of the City
of Waukee, Dallas County, Iowa, Except Parcel ‘19-92’ of a part of said Outlot V
as shown in Survey filed in Book 2019, Page 16817 and Except Parcel ‘21-94’ of
a part of said Outlot V as shown in Survey recorded in Book 2021, Page 28853
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 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 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. 1 would update the description of a previously approved
urban renewal project to be undertaken within the Urban Renewal Area and add 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 5th day of August, 2024.
Rebecca D. Schuett
City Clerk, City of Waukee, State of Iowa
(End of Notice)
Section 5.That the proposed Amendment No. 1, attached hereto as Exhibit 1, for the Urban
Renewal Area described therein is hereby officially declared to be the proposed Amendment No.
1 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 5th day of August, 2024.
Mayor
ATTEST:
City Clerk
Label the Amendment as Exhibit 1 (with all exhibits) and attach it to this Resolution.
Final
AMENDMENT NO. 1
to
THE QUARTER COMMERCIAL
URBAN RENEWAL PLAN
for
THE QUARTER COMMERCIAL
URBAN RENEWAL AREA
CITY OF WAUKEE, IOWA
Original Plan – December 2022
Amendment No. 1 – September 2024
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Final
AMENDMENT NO. 1
TO THE
QUARTER COMMERCIAL
URBAN RENEWAL PLAN
CITY OF WAUKEE, IOWA
The Quarter Commercial Urban Renewal Plan ("Plan" or "Urban Renewal Plan") for The Quarter
Commercial Urban Renewal Area ("Area" or "Urban Renewal Area") was adopted by Resolution
No. 2022-535 on December 19, 2022. The Urban Renewal Plan is now being amended by this
Amendment No. 1 to the Plan ("Amendment" or "Amendment No. 1") to update the description of
a previously approved urban renewal project to be undertaken within the Urban Renewal Area and
to add land to the Urban Renewal Area.
Except as modified by this Amendment No. 1, the provisions of the original Plan 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 No. 1 shall control. Any
subsections not mentioned in this Amendment No. 1 shall continue to apply to the Plan.
DESCRIPTION OF URBAN RENEWAL AREA
The legal description of the property being added to the Urban Renewal Area is attached hereto as
Exhibit “A” and may be referred to as the “Amendment No. 1 Subarea”. A map of The Quarter
Commercial Urban Renewal Area, as amended by this Amendment No. 1, is attached hereto as
Exhibit “B.”
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 of the Plan,
and the projects outlined in this Amendment, are in conformity with the Waukee Comprehensive
Land Use Plan, adopted in 2019.
The Plan does not in any way replace or modify the City’s current land use planning or zoning
regulation process.
The need for improved traffic, public transportation, public utilities, recreational and community
facilities, or other public improvements within the Urban Renewal Area, if any, is set forth in the
Plan. As the Area develops, the need for public infrastructure extensions and upgrades will be
evaluated and planned for by the City.
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Final
UPDATE TO PREVIOUSLY APPROVED URBAN RENEWAL PROJECT
Numerous urban renewal projects were authorized prior to the date of this Amendment and may
be continuing. With the adoption of this Amendment, the City is updating the description of the
following previously authorized project:
1. Development Agreement with The Quarter at Waukee, L.L.C.: In the original Plan,
the City approved a Development Agreement with the Quarter at Waukee, L.L.C.
(“Developer”) as a project in the Urban Renewal Area. Additional changes to the project
have now been identified by Developer including improvements to be added to the
Amendment No. 1 Subarea. Subject to the terms and conditions set forth in the Agreement,
as amended from time to time, the City would provide Developer with Economic
Development Grants to incentivize a total of an anticipated seventeen (17) commercial
buildings and related site improvements, with a total investment of approximately
$112,000,000. The City expects to make Economic Development Grants to Developer in
the form of rebates of varying percentages of incremental taxes generated by the separate
buildings over a period of twelve (12), sixteen (16) or twenty (20) years, depending on the
nature of the specific commercial building as described in the Agreement. The cumulative
total of all such grants is not expected to exceed $41,000,000 and will be subject to the
terms and conditions of a detailed development agreement.
FINANCIAL DATA
1.Current constitutional debt limit:$215,542,750
2.Current outstanding general obligation debt:$164,173,921
3. Proposed amount of indebtedness to be incurred: A specific amount of
debt to be incurred for the urban renewal projects described herein has
not yet been determined. The estimated project costs in this Amendment
are estimates only and will be incurred and spent over a number of
years. In no event will the City’s constitutional debt limit be exceeded.
The City Council will consider each project 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 Urban
Renewal Area. Subject to the foregoing, it is estimated that the cost of
the Update to Previously Approved Urban Renewal Project
(Amendment No. 1) as described above will be approximately as
follows:
Increase to
Previously
Approved
Urban
Renewal
Project:
$6,000,000
Total for
Updated
Project:
$41,000,000
This total does
not include
financing costs
related to debt
issuance, which
may be incurred
over the life of
the Area.
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Final
EFFECTIVE PERIOD
This Amendment No. 1 will become effective upon its adoption 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.
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, will be consistent with Chapter 403 of the Iowa Code. Nothing
in this Amendment shall alter the duration of the division of revenue as previously explained in
the Plan, as previously amended.
REPEALER AND SEVERABILITY CLAUSE
Any parts of the 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.
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Final
EXHIBIT A
LAND TO BE ADDED TO THE
QUARTER COMMERCIAL URBAN RENEWAL AREA
BY AMENDMENT NO. 1
Parcel 1604376004 shown as Outlot V in THE SHOPS AT KETTLESTONE
NORTH PLAT 4, an Official Plat, now included in and forming a part of the City
of Waukee, Dallas County, Iowa, Except Parcel ‘19-92’ of a part of said Outlot V
as shown in Survey filed in Book 2019, Page 16817 and Except Parcel ‘21-94’ of
a part of said Outlot V as shown in Survey recorded in Book 2021, Page 28853
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Final
EXHIBIT B
MAP OF THE QUARTER COMMERCIAL
URBAN RENEWAL AREA, AS AMENDED BY AMENDMENT NO. 1
02379804\21938-349