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HomeMy WebLinkAbout2024-08-05 Resolution 2024-331_Set Public Hearing Date, Urban Renewal Plan, The Quarter Commercial Amendment 1RESOLUTION NO. 2024-331 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 41604332002). 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 6"' 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'), 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 5t" 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 5t' day of August, 2024. Mayor ATTEST: �OA/��y 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 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 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. 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 Increase to debt to be incurred for the urban renewal projects described herein has Previously not yet been determined. The estimated project costs in this Amendment Approved are estimates only and will be incurred and spent over a number of Urban years. In no event will the City's constitutional debt limit be exceeded. Renewal The City Council will consider each project proposal on a case -by -case Project: basis to determine if it is in the City's best interest to participate before $6,000,000 approving an urban renewal project or expense. It is further expected that such indebtedness, including interest on the same, may be financed Total for in whole or in part with tax increment revenues from the Urban Updated Renewal Area. Subject to the foregoing, it is estimated that the cost of Project: the Update to Previously Approved Urban Renewal Project $41,000,000 (Amendment No. 1) as described above will be approximately as follows: This total does not include financing costs related to debt issuance, which may be incurred over the life of the Area. 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 'louw, 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. 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 EXHIBIT B MAP OF THE QUARTER COMMERCIAL URBAN RENEWAL AREA, AS AMENDED BY AMENDMENT NO. 1 J c •a M�xweN oc 8 a s _o 114` r In, c 'w a � If a � w � M MJ 4 - � i s� I o` a i v o n cd 3 to Ire egend Ior N N 7024 F9apr P> sittCi;Rn r"' SE As1:WO r� 02379804\21938-349