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HomeMy WebLinkAbout2024-12-02 I02A Raser Family Trust Lease Agreement_Set PHAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: December 2, 2024 AGENDA ITEM:Consideration of approval of a resolution fixing date for hearing on the authorization of a Lease Agreement – Business Property, payable from the General Fund. FORMAT:Resolution SYNOPSIS INCLUDING PRO & CON: City staff have worked with the Raser Family to lease their 15.33 acre property located in the SE quadrant of NW 30th Street and 280th Street in Waukee, IA for use as a material outdoor storage yard. The initial lease term would begin January 1, 2025 and end December 31, 2027. Upon expiration of the lease term, the lease shall automatically renew for an additional 2 year term unless either party provides 6 months written notice to the other party of their intention not to renew the lease. The City will pay rent annually in the amount of $4,400.00 per year, commencing on January 1, 2025 and on the 1st January each year thereafter during the term of the lease. The City Council of Waukee, Iowa, will hold a public hearing on the proposed Lease Agreement at 5:30 p.m. on December 16, 2024. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the resolution. ATTACHMENTS: I. Resolution PREPARED BY:Lisa Bauman REVIEWED BY:Rudy Koester RK PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: I2A RESOLUTION 2024- RESOLUTION FIXING DATE FOR A PUBLIC HEARING ON THE PROPOSITION TO AUTHORIZE A LEASE AGREEMENT – BUSINESS PROPERTY PAYABLE FROM THE GENERAL FUND IN THE PRINCIPAL AMOUNT OF $22,000 FOR REAL PROPERTY FOR USE BY THE CITY, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, it is deemed necessary and advisable that the City of Waukee, Iowa, should enter into a Lease Agreement – Business Property with the Lessor named “The Raser Family Trust dated 6/17/2005”, a copy of which is attached hereto, in the principal amount of not to exceed $22,000 as authorized by Sections 364.4 and 384.25 of the Code of Iowa, for the purpose of providing funds to pay costs of carrying out the project as hereinafter described; and WHEREAS, the term of the proposed lease does not exceed the economic life of the property to be acquired; and WHEREAS, the Lease Agreement – Business Property shall be payable from the General Fund of the City, and aggregate annual payments due on the proposed Lease Agreement – Business Property and all other lease agreements in force on the date of authorization will not exceed ten (10) percent of the last certified general fund budget amount; and WHEREAS, before the Lease Agreement – Business Property may be authorized, it is necessary to comply with the provisions of said Code, and to publish a notice of the proposal and of the time and place of the meeting at which the Council proposes to take action for the authorization of the lease agreement 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, IOWA: Section 1. That this Council meet in the Council Chambers, City Hall, 230 West Hickman Road, Waukee, Iowa, at 5:30 P.M., on the 16th day of December, 2024, for the purpose of taking action on the matter of the authorization of a Lease Agreement – Business Property payable from the General Fund, in the principal amount of not to exceed $22,000, the proceeds of which will be used to provide funds to pay costs of real property for use by the City, such property legally described as: Parcel Number 1230100017 located in the SE quadrant of NW 30th Street and 280th Street in Waukee, together with all improvements thereon, and all rights, easements and appurtenances thereto situated, for a term beginning on January 1, 2025, and ending on December 31, 2027, upon the condition that Tenant performs as provided in this lease. Said Parcel is 15.33 acres in size. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, 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 clear days nor more than twenty days before the date of said public meeting on the authorization of said lease agreement. Section 3. The notice of the proposed action to authorize said lease agreement shall be in substantially the following form: (To be published on or before December 10, 2024) NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF WAUKEE, IOWA, ON THE MATTER OF THE PROPOSED AUTHORIZATION OF A LEASE AGREEMENT – BUSINESS PROPERTY (GENERAL FUND) IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $22,000, FOR REAL PROPERTY FOR USE BY THE CITY, AND THE PUBLIC HEARING ON THE AUTHORIZATION THEREOF PUBLIC NOTICE is hereby given that the City Council of the City of Waukee, Iowa, will hold a public hearing on the 16th day of December, 2024, at 5:30 P.M., in the Council Chambers, City Hall, 230 West Hickman Road, Waukee, Iowa, at which meeting the Council proposes to take additional action for the authorization of a Lease Agreement – Business Property payable from the General Fund, in the principal amount of not to exceed $22,000, the proceeds of which will be used in order to provide funds to pay costs of real property for use by the City, legally described as: Parcel Number 1230100017 located in the SE quadrant of NW 30th Street and 280th Street in Waukee, together with all improvements thereon, and all rights, easements and appurtenances thereto situated, for a term beginning on January 1, 2025, and ending on December 31, 2027, upon the condition that Tenant performs as provided in this lease. Said Parcel is 15.33 acres in size. Aggregate annual payments due from the general fund of the City on the proposed Lease Agreement – Business Property and all other lease agreements in force on the date of authorization will not exceed ten (10) percent of the last certified general fund budget amount. The annual increase in property taxes as the result of the issuance on a residential property with an actual value of one hundred thousand dollars is $0.00. This hearing is for a lease, payable from the general fund which has an established maximum levy limit within the statute. Accordingly, there are no additional tax implications as a result of this lease. This estimate only considers the impact on property taxes of the lease authority established by this hearing for the above-described project(s). At the above meeting the Council shall receive oral or written objections from any resident or property owner of said City, to the above action. After all objections have been received and considered, the Council will at this meeting or at any adjournment thereof, take additional action for the authorization of said lease agreement or will abandon the proposal. This notice is given by order of the City Council of Waukee, Iowa, as provided by Sections 364.4 and 384.25 of the Code of Iowa, as amended. Dated this 2nd day of December, 2024. Rebecca D. Schuett City Clerk of Waukee, Iowa (End of Notice) PASSED AND APPROVED this 2nd day of December, 2024. Mayor ATTEST: City Clerk