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HomeMy WebLinkAbout2025-03-03 Resolution 2025-113_Urban Renewal Plan, Waukee Unified Amendment 15RESOLUTION NO. 2025-113 RESOLUTION DETERMINING AN AREA OF THE CITY TO BE AN ECONOMIC DEVELOPMENT AND BLIGHTED AREA, AND THAT THE REHABILITATION, CONSERVATION, REDEVELOPMENT, DEVELOPMENT, OR A COMBINATION THEREOF, OF SUCH AREA IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY; DESIGNATING SUCH AREA AS APPROPRIATE FOR URBAN RENEWAL PROJECTS; AND ADOPTING AMENDMENT NO. 15 TO THE WAUKEE UNIFIED URBAN RENEWAL PLAN 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, by resolution adopted on February 3, 2025, this Council directed that a consultation be held with the designated representatives of all affected taxing entities to discuss the proposed Amendment No. 15 and the division of revenue described therein, and that notice of the consultation and a copy of the proposed Amendment No. 15 be sent to all affected taxing entities; and WHEREAS, pursuant to such notice, the consultation was duly held as ordered by the City Council and all required responses to the recommendations made by the affected taxing entities, if any, have been timely made as set forth in the report of the Economic Development Director, or her delegate, filed herewith and incorporated herein by this reference, which report is in all respects approved; and WHEREAS, by resolution this Council also set a public hearing on the adoption of the proposed Amendment No. 15 for this meeting of the Council, and due and proper notice of the 4 public hearing was given, as provided by law, by timely publication in the Dallas County News, which notice set forth the time and place for this hearing and the nature and purpose thereof, and WHEREAS, in accordance with the notice, all persons or organizations desiring to be heard on the proposed Amendment No. 15, both for and against, have been given an opportunity to be heard with respect thereto and due consideration has been given to all comments and views expressed to this Council in connection therewith and the public hearing has been closed. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF WAUKEE, STATE OF IOWA: Section 1. That the findings and conclusions set forth or contained in Amendment No. 15 concerning the area of the City of Waukee, State of Iowa, described in the preamble hereof, be and the same are hereby ratified and confirmed in all respects as the findings of this Council for this area. Section 2. This Council further finds: a) Although relocation is not expected, a feasible method exists for the relocation of any families who will be displaced from the Urban Renewal Area into decent, safe and sanitary dwelling accommodations within their means and without undue hardship to such families; b) The Plan, as amended, and Amendment No. 15 conform to the general plan for the development of the City as a whole; and c) Acquisition by the City is not immediately expected, however, as to any areas of open land to be acquired by the City included within the Urban Renewal Area: i. Residential use is not expected, however, with reference to any portions thereof which are to be developed for residential uses, this City Council hereby determines that a shortage of housing of sound standards and design with decency, safety and sanitation exists within the City; that the acquisition of the area for residential uses is an integral part of and essential to the program of the municipality; and that one or more of the following conditions exist: a. That the need for housing accommodations has been or will be increased as a result of the clearance of slums in other areas, including other portions of the urban renewal area. b. That conditions of blight in the municipality and the shortage of decent, safe and sanitary housing cause or contribute to an increase in and spread of disease and crime, so as to constitute a menace to the public health, safety, morals, or welfare. c. That the provision of public improvements related to housing and residential development will encourage housing and residential 3 development which is necessary to encourage the retention or relocation of industrial and commercial enterprises in this state and its municipalities. d. The acquisition of the area is necessary to provide for the construction of housing for low and moderate income families. ii. Non-residential use is expected and with reference to those portions thereof which are to be developed for non-residential uses, such non-residential uses are necessary and appropriate to facilitate the proper growth and development of the City in accordance with sound planning standards and local community objectives. Section 3. That the Urban Renewal Area, as amended, continues to be an economic development and blighted area within the meaning of Chapter 403, Code of Iowa; that such area is eligible for designation as an urban renewal area and otherwise meets all requisites under the provisions of Chapter 403, Code of Iowa; and that the rehabilitation, conservation, redevelopment, development, or a combination thereof, of such area is necessary in the interest of the public health, safety or welfare of the residents of this City. Section 4. That Amendment No. 15 to the Waukee Unified Urban Renewal Plan of the City of Waukee, State of Iowa, attached hereto as Exhibit 1 and incorporated herein by reference, be and the same is hereby approved and adopted as "Amendment No. 15 to the Waukee Unified Urban Renewal Plan for the City of Waukee, State of Iowa"; Amendment No. 15, including all of the exhibits attached thereto, is hereby in all respects approved; and the City Clerk is hereby directed to file a certified copy of Amendment No. 15 with the proceedings of this meeting. Section 5. That, notwithstanding any resolution, ordinance, plan, amendment or any other document, Amendment No. 15 shall be in full force and effect from the date of this Resolution until the Council amends or repeals the Plan. The proposed Amendment No. 15 shall be forthwith certified by the City Clerk, along with a copy of this Resolution, to the Recorder for Dallas County, Iowa, to be filed and recorded in the manner provided by law. Section 6. That all other provisions of the Plan not affected or otherwise revised by the terms of Amendment No. 15, as well as all resolutions previously adopted by this City Council related to the Plan be and the same are hereby ratified, confirmed and approved in all respects. 4 PASSED AND APPROVED this 3`d day of March, 2025. Mayor o Tem ATTEST: to PA 44 d, Idw City Clerk RESULTS OF VOTE: AYE R. Charles Bottenberg X Chris Crone X Rob Grove X Anna Bergman Pierce X Ben Sinclair X NAY ABSENT ABSTAIN WAUKEE UNIFIED URBAN RENEWAL PLAN AMENDMENT #15 CITY OF WAUKEE, IOWA Amendment 91 — 2011 Amendment #2 — 2011 Amendment #3 — 2012 Amendment 94 — 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 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. 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 I 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 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 which may be limit be exceeded. The City Council will consider each project proposal on incurred 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 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. 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. 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) EXHIBIT B Map of Waukee Unified Urban Renewal Area, Showing Amendment No. 15 Changes Exhibit B Waukee Map of Unified Urban Renewal Area �.�� Map of Property to be Added & Removed - Amendment # 15 THE ply ro dQOO MIND Dr C-0+seda M WN"Ott dN DraY Awetsa Or ♦—� V! 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J Sol" Ln .Y'' lnYneW Dr __-�tiu•� �•rry It' rOa cr i� Cnet, Ln EXHIBIT C Map of Waukee Unified Urban Renewal Area, Showing Area After Amendment No. 15 Changes Exhibit C 0f 04 Waukee Map of Unified Urban Renewal Area ���; � 1N„� �kY tJ LDUU L.YIHct (Amendment # 1 - # 15) Showina Unitied Area after Removina and Addina Amendment #15 Area NWyDouglas.,Pkwy,-- �' h tm— ��asvftwVla DouglasPkwy - Qo m M°°roa _ �I D�tGt3: rtrr, Den Prr dl o w}Maple StDr_ 84f1ALn x NE Basr i aeeDr wmon•Pkwy v Z - 1 flrtp 1 q• ,lp��yaj. f,jylpp a ¢ _ ----._{J{� ?a� ••'??� �!T BOW N Z N { hra. f1 r L 3 c �„ n NE unrry�D - z �y aN r- 3 r~ NE V.entur rs� � - 2 jat ft�� Nlckman d e III Ilk n Rq k n R8'� MicRman Rd � s� W�Hlckma El tl urel Illaplg CCU r �r r�•. ® u Iz but Z !e y/ =tfI9.. ,wi�a7ieid'Q Yt1`e ` a `x ra O1f1 , Ee afi rr�C�I,gr st Z �rNo th rlew r 40'o Ei. .. 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