HomeMy WebLinkAbout2025-08-18 I01G_04 Kettlestone Phase 2 Commercial URP Amendment 1_Set PHAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: August 18, 2025
AGENDA ITEM:Consideration of approval of a resolution setting dates of a consultation
and a public hearing on a proposed Amendment No. 1 Kettlestone Phase
2 Commercial Urban Renewal Plan in the City of Waukee, State of Iowa
FORMAT:Consent Agenda
SYNOPSIS INCLUDING PRO & CON: On June 5, 2023, the City Council adopted the
Kettlestone Phase 2 Commercial Urban Renewal Plan. The proposed
Phase 2 Amendment would remove land from the Phase 2 Urban
Renewal Area and update the description of a previously approved urban
renewal project to be undertaken within the Phase 2 Urban Renewal
Area.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT: Staff will hold a consultation meeting with the County
and the affected school district(s) involved in the Plan area to review the
proposal. That meeting is tentatively scheduled for Monday, August 25,
2025.
RECOMMENDATION: Approve the resolution.
ATTACHMENTS: I. Proposed Resolution
II. Amendment No. 1 Kettlestone Phase 2 Commercial Urban
Renewal Plan
PREPARED BY:Jennifer Brown, Director of Economic Development
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
I1G4
RESOLUTION NO. ______
RESOLUTION SETTING DATES OF A CONSULTATION AND
A PUBLIC HEARING ON A PROPOSED AMENDMENT NO. 1
TO THE KETTLESTONE PHASE 2 COMMERCIAL URBAN
RENEWAL PLAN IN THE CITY OF WAUKEE, STATE OF
IOWA
WHEREAS, by Resolution No. 2023-230, adopted June 5, 2023, 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 Kettlestone Phase 2
Commercial Urban Renewal Plan (the "Phase 2 Plan" or "Phase 2 Urban Renewal Plan") for the
Kettlestone Phase 2 Commercial Urban Renewal Area (the "Phase 2 Area" or "Phase 2 Urban
Renewal Area") described therein, which Phase 2 Plan is on file in the office of the Recorder of
Dallas County; and
WHEREAS, this Phase 2 Urban Renewal Area currently includes and consists of:
Parcel 21-96 as shown in the Plat of Survey recorded in Book 2021 Page 31554,
City of Waukee, Dallas County, Iowa, EXCEPT for the following: Parcel 22-121
and 22-122 of the Plat of Survey recorded in Book 2022 Page 20745, City of
Waukee, Dallas County, Iowa (Parcel #1604200029, 1604200031), Parcel 23-22
and 23-24 of the Plat of Survey recorded in Book 2023 Page 3367, City of Waukee,
Dallas County, Iowa (Parcel #1604200033, 1604200035), Parcel 23-27 of the Plat
of Survey recorded in Book 2023 Page 3368, City of Waukee, Dallas County, Iowa
(Parcel #1604200036) and, a part of Parcel 21-96 of the Plat of Survey recorded in
Book 2021 Page 31554, City of Waukee, Dallas County, Iowa and more
particularly described as follows: Beginning at the Southwest Corner of said Parcel
21-96; thence North 00⁰27’16” East along the westerly line of said Parcel 21-96, a
distance of 58.33 feet; thence South 51⁰03’50” East, 25.38 feet; thence North
83⁰56’10” East, 148.38 feet; thence North 89⁰28’40” East, 51.78 feet; thence North
83⁰56’10” East, 326.90 feet; thence South 06⁰07’23” East, 35.00 feet to the
Southerly line of said Parcel 21-96; thence South 83⁰56’10” West along said
southerly line 551.42 feet to the Point of Beginning and containing 0.47 acres.
(Parcel #1604200032, 1604200034); and, Parcel 23-37 of the Plat of Survey
recorded in Book 2023 Page 5011, City of Waukee, Dallas County, Iowa (Parcel
#1604200037); and
WHEREAS, City staff has caused there to be prepared a form of Phase 2 Amendment No.
1 to the Plan ("Phase 2 Amendment No. 1" or "Phase 2 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 remove land from the Phase 2 Urban Renewal Area and
to update the description of a previously approved urban renewal project to be undertaken within
the Phase 2 Urban Renewal Area; and
WHEREAS, it is desirable that the area be redeveloped as part of the overall redevelopment
covered by the Phase 2 Plan, as amended; and
WHEREAS, this proposed Phase 2 Amendment removes the following land from the Phase
2 Urban Renewal Area:
Lot 1, Kettlestone Central DWR Plat 1 an Official Plat, now included in and
forming a part of the City of Waukee, Dallas County, Iowa.
WHEREAS, the Iowa statutes require the City Council to notify all affected taxing entities
of the consideration being given to the proposed Phase 2 Amendment 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 Phase 2 Amendment 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 Phase 2
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 Phase 2 Amendment required by Section
403.5(2), Code of Iowa, as amended, shall be held on August 25, 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 Phase 2
Amendment, 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 KETTLESTONE PHASE 2
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 25, 2025, in the Council Chambers, City Hall, 230 West Hickman Road, Waukee, Iowa
concerning a proposed Amendment No. 1 to the Kettlestone Phase 2 Commercial Urban Renewal
Plan for the Kettlestone Phase 2 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 Phase 2 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 Phase 2 Urban Renewal Area, and the duration of any bond issuance included
in the Phase 2 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 Kettlestone Phase 2 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 19th day of August, 2025.
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 Phase 2 Amendment before
the City Council at its meeting which commences at 5:30 P.M. on September 15, 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 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
KETTLESTONE PHASE 2 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 15, 2025 in the Council
Chambers, City Hall, 230 West Hickman Road, Waukee, Iowa, to consider adoption of a proposed
Amendment No. 1 to the Kettlestone Phase 2 Commercial Urban Renewal Plan (the "Phase 2
Amendment") concerning a Kettlestone Phase 2 Commercial Urban Renewal Area ("Phase 2
Urban Renewal Area") in the City of Waukee, State of Iowa.
The Phase 2 Amendment is proposed to remove the following land from the Phase 2 Urban
Renewal Area:
Lot 1, Kettlestone Central DWR Plat 1 an Official Plat, now included in and
forming a part of the City of Waukee, Dallas County, Iowa.
A copy of the Phase 2 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 Phase 2
Amendment is approved, shall undertake the urban renewal activities described in the Kettlestone
Phase 2 Commercial Urban Renewal Plan ("Phase 2 Plan"), as amended.
The general scope of the urban renewal activities under consideration in the Phase 2 Plan,
as amended, is to promote the growth and retention of qualified industries and businesses in the
Phase 2 Urban Renewal Area through various public purpose and special financing activities
outlined in the Phase 2 Plan, as amended. To accomplish the objectives of the Phase 2 Plan, and
to encourage the further economic development of the Phase 2 Urban Renewal Area, the Phase 2
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 Phase 2 Plan
provides that the City may issue bonds or use available funds for purposes allowed by the Phase 2
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 Phase 2 Amendment initially proposes no specific
public infrastructure or site improvements to be undertaken by the City.
The proposed Phase 2 Amendment would remove land from the Phase 2 Urban Renewal
Area and update the description of a previously approved urban renewal project to be undertaken
within the Phase 2 Urban Renewal Area.
Other provisions of the Phase 2 Plan not affected by the Phase 2 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 18th day of August, 2025.
Rebecca D. Schuett
City Clerk, City of Waukee, State of Iowa
(End of Notice)
Section 5.That the proposed Phase 2 Amendment, attached hereto as Exhibit 1, for the
Phase 2 Urban Renewal Area described therein is hereby officially declared to be the proposed
Phase 2 Amendment referred to in the notices for purposes of such consultation and hearing and
that a copy of the Phase 2 Amendment shall be placed on file in the office of the City Clerk.
PASSED AND APPROVED this 18th day of August, 2025.
Mayor
ATTEST:
City Clerk
AMENDMENT NO. 1
to the
KETTLESTONE PHASE 2 COMMERCIAL
URBAN RENEWAL PLAN
for the
KETTLESTONE PHASE 2 COMMERCIAL
URBAN RENEWAL AREA
WAUKEE, IOWA
Original Area - 2023
Amendment No. 1 - 2025
Amendment No. 1
to the
Kettlestone Phase 2 Commercial Urban Renewal Plan
for the
Kettlestone Phase 2 Commercial Urban Renewal Area
City of Waukee, Iowa
INTRODUCTION
The Kettlestone Phase 2 Commercial Urban Renewal Plan (“Phase 2 Plan” or “Phase 2 Urban
Renewal Plan”) for the Kettlestone Phase 2 Commercial Urban Renewal Area (“Phase 2 Area” or
“Phase 2 Urban Renewal Area”) adopted in June 2023, is being amended by this Amendment No.
1 to the Phase 2 Plan (“Phase 2 Amendment No. 1” or “Phase 2 Amendment”) to remove land
from the Phase 2 Urban Renewal Area and to update the description of a previously approved
urban renewal project to be undertaken within the Phase 2 Urban Renewal Area.
Except as modified by this Phase 2 Amendment No. 1, the provisions of the Phase 2 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 Phase 2 Amendment No. 1 shall
control. Any subsections not mentioned in this Phase 2 Amendment No. 1 shall continue to apply
to the Phase 2 Plan.
DESCRIPTION OF AREA
The land being removed from the Phase 2 Urban Renewal Area by this Phase 2 Amendment may
be referred to as the “Phase 2 Amendment No. 1 Subarea.” The legal description of the Phase 2
Amendment No. 1 Subarea is attached hereto as Exhibit A. The legal description of the Phase 2
Urban Renewal Area, as amended, is attached as Exhibit B. A map of the Phase 2 Urban Renewal
Area, as amended, is attached as Exhibit C.
DEVELOPMENT PLAN
The City of Waukee, Iowa (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 included in the Phase 2 Plan, and the urban renewal project described in this Phase
2 Amendment, are in conformity with the land use policies and plans for the development of the
City as a whole established in the Waukee Comprehensive Land Use Plan.
This Phase 2 Plan, as amended, does not in any way replace or modify the City’s current land use
planning or zoning regulation process. Any need for improved traffic, public transportation, public
utilities, recreational and community facilities, or other public improvements within the Phase 2
Urban Renewal Area is set forth in the Phase 2 Plan, as amended.
UPDATE TO PREVIOUSLY APPROVED URBAN RENEWAL PROJECT
Numerous urban renewal projects were authorized prior to the date of this Amendment and are
unaltered by this Amendment. With the adoption of this Amendment, the City is replacing the
Iowa Youth Athletic Foundation project description outlined in the Phase 2 Urban Renewal Plan
with the following project:
1. Development Agreement with IYAF and related entities:
Pursuant to authority granted by the Phase 2 Plan, the City entered into a Development
Agreement (the “Agreement”) with Caliber Land Company, LLC, Kettlestone Central, L.C.,
and Iowa Youth Athletic Foundation (collectively of purposes of this description the
“Developers”), pursuant to which the Developers would cause the completion of a sports arena
and commercial complex in four phases. The Developers have now proposed an amendment
to the Agreement pursuant to which the project would be completed in five phases (instead of
four), and the aggregate. For purposes of this Phase 2 Plan, as amended, the eligible urban
renewal project is the completion of approximately $20,000,000 in commercial developments
within the Phase 2 Area (“Phase 2 Commercial Improvements”), which development the City
finds will further the purposes of the Phase 2 Plan. The City expects to provide Developers
with Economic Development Grants in the form of rebates of incremental taxes generated by
the Phase 2 Commercial Improvements, in an aggregate amount among all five phases of not
to exceed $39,487,500. The Economic Development Grants will be subject to annual
appropriation and the detailed terms and conditions in the Agreement.
FINANCIAL DATA
1. Current constitutional debt limit: $215,542,750
2. Current outstanding general obligation debt: $167,060,089
3. Proposed amount of indebtedness to be incurred: A specific
amount of debt to be incurred for the Updated Urban Renewal
Project described above has not yet been determined. This
document is for planning purposes only. The estimated project
costs in this Phase 2 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. Subject to the
foregoing, it is estimated that the City’s costs for the Updated
Urban Renewal Project described above will be approximately
as stated in the next column:
$39,487,500
This amount
does not include
any financing
costs or interest
which are
currently
unknown and
may be
necessary to
complete the
project
EFFECTIVE PERIOD
This Phase 2 Amendment No. 1 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 Phase 2 Plan, any prior amendment, resolution, or document, the Phase 2 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 Phase 2 Amendment shall alter the duration of the division of revenue as previously
explained in the Phase 2 Plan.
REPEALER AND SEVERABILITY CLAUSE
Any parts of the previous Phase 2 Plan in conflict with this Phase 2 Amendment are hereby
repealed.
If any part of this Phase 2 Amendment or the Phase 2 Plan is determined to be invalid or
unconstitutional, such invalidity or unconstitutionality shall not affect the validity of the Phase 2
Amendment or the Phase 2 Plan as a whole, or any part of the Phase 2 Amendment or the Phase 2
Plan not determined to be invalid or unconstitutional.
EXHIBIT A
LEGAL DESCRIPTION OF PHASE 2 AMENDMENT NO. 1 SUBAREA
BEING REMOVED FROM PHASE 2 AREA
Lot 1, Kettlestone Central DWR Plat 1 an Official Plat, now included in and
forming a part of the City of Waukee, Dallas County, Iowa.
EXHIBIT B
LEGAL DESCRIPTION OF PHASE 2 AREA, AS AMENDED
The following real property is situated in the City of Waukee, Dallas County, Iowa:
Outlot Z, Kettlestone Central South Plat 2
Outlot Y, Kettlestone Central South Plat 2
Lot 5, Kettlestone Central South Plat 2
Lot 1, Kettlestone Central South Plat 2
Lot 2, Kettlestone Central South Plat 2
Lot 6, Kettlestone Central South Plat 2
Lot 3, Kettlestone Central South Plat 2
Lot 4, Kettlestone Central South Plat 2
Lot 7, Kettlestone Central South Plat 2
All lots and outlots are part of Kettlestone Central South Plat 2, an Official Plat,
now included in and forming a part of the City of Waukee, Dallas County, Iowa.
EXHIBIT C
MAP OF PHASE 2 AREA, AS AMENDED
4925-4564-6165-1\21938-382