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HomeMy WebLinkAbout2025-02-03 Resolution 2025-077_Set Public Hearing Date, Urban Renewal Plan, Waukee Unified Amendment 15RESOLUTION NO.2025-077 RESOLUTION SETTING DATES OF A CONSULTATION AND A PUBLIC HEARING ON A PROPOSED AMENDMENT NO. 15 TO THE WAUKEE UNIFIED URBAN RENEWAL PLAN IN THE CITY OF WAUKEE, STATE OF IOWA WHEREAS, by Resolution No. 93, adopted December 13, 1988, 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 Waukee Urban Renewal Plan for the Waukee Urban Renewal Plan Area (the "Waukee Urban Renewal Area"), which included an area known as the Hickman West Urban Renewal Area, and which Waukee Urban Renewal Area was subsequently amended several times, including the addition of land to subareas of the Waukee Urban Renewal Area; and WHEREAS, by Resolution No. 197, adopted June 15, 1992, 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 Waukee Southwest Urban Renewal Plan for the Waukee Southwest Urban Renewal Plan Area (the "Waukee Southwest Urban Renewal Area"); and WHEREAS, by Resolution No. 335, adopted March 20, 1995, 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 Enterprise Business Park Urban Renewal Plan for the Enterprise Business Park Urban Renewal Plan Area (the "Enterprise Business Park Urban Renewal Area"); and WHEREAS, by Resolution No. 04-272, adopted December 20, 2004, this Council approved and adopted an Amendment to Consolidate the Hickman West Urban Renewal Area, Enterprise Business Park Urban Renewal Area, and the Waukee Urban Renewal Area and add property; and WHEREAS, by Resolution No. 11-80, adopted May 23, 2011, this City Council approved and adopted an Amendment No. 1 to the Waukee Unified Urban Renewal Plan ("Plan" or "Urban Renewal Plan") which unified the City's existing urban renewal areas, as described above, into the Waukee Unified Urban Renewal Area ("Area" or "Urban Renewal Area"), a single unified urban renewal area, which Plan has subsequently been amended several times, most recently by Amendment No. 14 to the Plan adopted in 2024, and which Plan, as amended, is on file in the office of the Recorder of Dallas County; and WHEREAS, City staff has caused there to be prepared a form of Amendment No. 15 to the Plan ("Amendment No. 15" 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 and remove property from the Area and to add and/or confirm the list of proposed projects to be undertaken within the 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. 15 adds and removes land, as follows: Property to be Removed by Amendment No. 15: Area to be removed from Waukee Unified Urban Renewal Area (2003) Parcel B Lot 1 Hawthorne Ridge Plat 1 an Official Plat, City of Waukee, Dallas County, Iowa (Parcel No. 1235477011) Property to be Added by Amendment No. 15: The West Half of NE Alice's Road right of way and that portion of the East half of NE Alice's Road lying within the corporate boundary of the City of Waukee from the center right of way line of NE Boston Pkwy to the north right of way line of Douglas Parkway, City of Waukee, Dallas County, Iowa. Said right of way includes the following parcels: The Crossing at Alice's Road Plat 1 Lots A & B (Streets) City of Waukee, Dallas County, Iowa (Parcel No. 1227401003); and, Alice Patricia Homes Lots A, B & C (Street), City of Waukee, Dallas County, Iowa (Parcel No. 1227277001); and, Landing at Shadow Creek Plat 4 Lots A, B, C & D (Streets), City of Waukee, Dallas County, Iowa (Parcel No. 1227226022); 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. 15 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. 15 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. 15 required by Section 403.5(2), Code of Iowa, as amended, shall be held on February 10, 2025, 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. 15, 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. 15 TO THE WAUKEE UNIFIED 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 February 10, 2025, in the Council Chambers, City Hall, 230 West Hickman Road, Waukee, Iowa concerning a proposed Amendment No. 15 to the Waukee Unified Urban Renewal Plan for the Waukee Unified 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. 15 to the Waukee Unified 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 4 h day of February, 2025. Rebecca D. Schuett City Clerk, City of Waukee, State of Iowa (End of Notice) 4 Section 3. That a public hearing shall be held on the proposed Amendment No. 15 before the City Council at its meeting which commences at 5:30 P.M. on March 3, 2025, 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 Counly 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. 15 TO THE WAUKEE UNIFIED 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 March 3, 2025 in the Council Chambers, City Hall, 230 West Hickman Road, Waukee, Iowa, to consider adoption of a proposed Amendment No. 15 to the Waukee Unified Urban Renewal Plan (the "Amendment") concerning an Urban Renewal Area in the City of Waukee, State of Iowa. The Amendment proposes to add and remove property from the Urban Renewal Area as follows: Property to be Removed by Amendment No. 15: Area to be removed from Waukee Unified Urban Renewal Area (2003) Parcel B Lot 1 Hawthorne Ridge Plat 1 an Official Plat, City of Waukee, Dallas County, Iowa (Parcel No. 1235477011) Property to be Added by Amendment No. 15: The West Half of NE Alice's Road right of way and that portion of the East half of NE Alice's Road lying within the corporate boundary of the City of Waukee from the center right of way line of NE Boston Pkwy to the north right of way line of Douglas Parkway, City of Waukee, Dallas County, Iowa. Said right of way includes the following parcels: The Crossing at Alice's Road Plat 1 Lots A & B (Streets) City of Waukee, Dallas County, Iowa (Parcel No. 1227401003); and, Alice Patricia Homes Lots A, B & C (Street), City of Waukee, Dallas County, Iowa (Parcel No. 1227277001); and, Landing at Shadow Creek Plat 4 Lots A, B, C & D (Streets), City of Waukee, Dallas County, Iowa (Parcel No. 1227226022) 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 economic development and to rehabilitate, conserve and redevelop land, buildings and other improvements within such area through the elimination and containment of conditions 0 of blight so as to improve the community through the establishment of effective land use controls, through use of an effective program of rehabilitation of existing buildings and elimination of those structures which cannot be economically rehabilitated, with a limited amount of acquisition, clearance, resale and improvement of land for various purposes specified 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 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. 15 would add and remove property from the Area and add and/or confirm the list of proposed projects to be undertaken within the 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 3rd day of February, 2025. Rebecca D.Schuett City Clerk, City of Waukee, State of Iowa (End of Notice) 7 Section 5. That the proposed Amendment No. 15, attached hereto as Exhibit 1, for the Urban Renewal Area described therein is hereby officially declared to be the proposed Amendment No. 15 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 3rd day of February, 2025. Mayor 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 WAUKEE UNIFIED URBAN RENEWAL PLAN AMENDMENT #15 CITY OF WAUKEE, IOWA Amendment #1 — 2011 Amendment #2 — 2011 Amendment #3 — 2012 Amendment #4 — 2013 Amendment #5 — 2014 Amendment #6 - 2015 Amendment #7 — 2016 Amendment #8 - 2018 Amendment #9 — 2019 Amendment #10 — 2020 Amendment #11 — 2021 Amendment #12 -2022 Amendment #13 — 2023 Amendment #14 — 2024 Amendment #15 - 2025 Final Version AMENDMENT #15 to WAUKEE UNIFIED URBAN RENEWAL PLAN CITY OF WAUKEE, IOWA INTRODUCTION Amendment #1 to the Waukee Unified Urban Renewal Plan ("Plan" or "Unified Plan") for the Waukee Unified Urban Renewal Area ("Area" or "Unified Area"), adopted in 2011 and subsequently amended fourteen times, is being further amended by this Amendment # 15 to the Plan ("Amendment No. 15" or "Amendment") to add and remove property from the Area to the extent described hereinafter, and to add and/or confirm the list of proposed projects to be undertaken within the Area. Except as modified by this Amendment No. 15, the provisions of the 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 No. 15 shall control. Any subsections not mentioned in this Amendment No. 15 shall continue to apply to the Plan, as previously amended. DESCRIPTION OF AREA The legal description of the property being removed from the Urban Renewal Area by this Amendment No. 15 is attached hereto as Exhibit "A" and referred to herein as the "Amendment No. 15 Removal Area". The legal description of the property being added to the Urban Renewal Area by this Amendment No. 15 is also included in Exhibit "A" and referred to herein as the "Amendment No. 15 Addition Area". A map of the Area showing the Amendment No. 15 Removal Area and Amendment No. 15 Addition Area is attached as Exhibit "B". A map of the Area after the changes made by this Amendment No. 15 is attached as Exhibit "C". AREA DESIGNATION The Area continues to be a mixed area in which blight conditions exist and an economic development area that is appropriate for the promotion of new commercial and industrial development. BASE VALUE The Amendment No. 15 Addition Area is public right of way, will not be added to the Tax Increment Financing ("TIF") Ordinance, and therefore it will not have a base value for TIF purposes. The Amendment No. 15 Removal Area has already been removed from the TIF Ordinance. Nothing in this Amendment otherwise affects other already established frozen base values for any other subarea. 10 Final Version DEVELOPMENT PLAN/ZONING Waukee has a general plan for the physical development of the City as a whole outlined in the Imagine Waukee 2040 Comprehensive Plan, adopted on April 1, 2019. The goals and objectives of the Plan, as amended by this Amendment No. 15, including the projects outlined herein, are in conformity with the Comprehensive Plan. This Urban Renewal Amendment does not change or in any way replace 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 is set forth in this Plan, as amended. As the Area develops, the need for public infrastructure extensions and upgrades will be evaluated and planned for by the City. 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 being altered by this Amendment. ELIGIBLE URBAN RENEWAL PROJECTS (Amendment No. 151 Although certain project activities may occur over a period of years, the eligible urban renewal projects under this Amendment No. 15 include: 1. Public Improvements Project Description Estimated Estimated Rationale Project Cost of Tax Timeframe Increment Not to Exceed Alice's Road expansion Phase 2025 -2028 $7,500,000 - Road and utility improvements to I and 1B and Douglas $8,500,000 improve safety and traffic flow to Parkway intersection advance economic development improvements. Total $7,500,000 - $8,500,000 2. Development Agreements A. 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 11 Final Version 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 $10,000,000. 3. 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 $1,000,000 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 (Amendment No. 15): A specific amount of debt to be incurred for the Eligible Urban Renewal $18,500,000- Projects (Amendment No. 15) described in this Amendment has not yet $19,500,000 been determined. This document is for planning purposes. The estimated (This amount does project costs in this Amendment are estimates only and will be incurred and not include costs spent over a number of years. In no event will the City's constitutional debt related to financing limit be exceeded. The City Council will consider each project proposal on which may beincurred over the a case -by -case basis to determine if it is in the City's best interest to life of the Area.) 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 Eligible Urban Renewal Projects (Amendment No. 15) as described above to be funded with tax increment from this Area, and exclusive of the Previously Approved Urban Renewal Projects which are not itemized herein, will be approximately: 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 12 Final Version 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 427B, or any other provision of the Code of Iowa in furtherance of the objectives of the Plan. EFFECTIVE PERIOD This Amendment No. 15 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. 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 previous Plan, as previously amended, in conflict with this Amendment are hereby repealed. 13 Final Version If any part of this Amendment or the Plan, as previously amended, 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. 14 Final Version EXHIBIT A "Amendment No. 15 Removal Area" — Property to be Removed from Waukee Unified Urban Renewal Area Area to be removed from Waukee Unified Urban Renewal Area (2003) Parcel B Lot 1 Hawthorne Ridge Plat 1 an Official Plat, City of Waukee, Dallas County, Iowa (Parcel No. 1235477011) "Amendment No. 15 Addition Area" — Property to be Added to Waukee Unified Urban Renewal Area The West Half of NE Alice's Road right of way and that portion of the East half of NE Alice's Road lying within the corporate boundary of the City of Waukee from the center right of way line of NE Boston Pkwy to the north right of way line of Douglas Parkway, City of Waukee, Dallas County, Iowa. Said right of way includes the following parcels: The Crossing at Alice's Road Plat 1 Lots A & B (Streets) City of Waukee, Dallas County, Iowa (Parcel No. 1227401003); and, Alice Patricia Homes Lots A, B & C (Street), City of Waukee, Dallas County, Iowa (Parcel No. 1227277001); and, Landing at Shadow Creek Plat 4 Lots A, B, C & D (Streets), City of Waukee, Dallas County, Iowa (Parcel No. 1227226022) 15 Final Version EXHIBIT B Map of Waukee Unified Urban Renewal Area, Showing Amendment No. 15 Changes Exhibit B �a4 'v / au kee Map of Unified Urban Renewal Area �ra,+ THE/EY'A COO' LIVAif,:rS ' Map of Property to be Added &Removed -Amendment # 15 — Y S� vent Dr Dr a s4` ` 4YYirr LI - �` � .rt Ruru4 ■■ww -Ywm o . Fy 7 L_rwNnM'k I 17-yat If X r - s fig Y a e'er v, I j 1p•ar-. s 2 a y�Nrn.msndea ._. 1 trd■ i.[llr + ' - r ay.Alai.. S s wjr�` 'r �3J ■■ er Le >x Y � I at Nan"hrw..' .�1.,r y. �rl.� ,,owd In t ke�`l •: iw -sy{�1 }p I� • 4 L� - � nebr rr �, _ ' P■11, Md Pwk QAIa! 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