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HomeMy WebLinkAbout2025-10-06 I01J_11 URP Kettlestone Phase 3 Commercial Amendment No 1_Set PHAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: October 6, 2025 AGENDA ITEM:Consideration of approval of a resolution setting dates of a consultation and a public hearing on a proposed Amendment No. 1 to Kettlestone Phase 3 Commercial Urban Renewal Plan in the City of Waukee, State of Iowa FORMAT:Consent SYNOPSIS INCLUDING PRO & CON: Each year, staff review the City’s Urban Renewal Plans to assess whether updates are needed. This year, staff recommend amending the Kettlestone Phase 3 Commercial Urban Renewal Plan to update projects and financial information. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: Pending the approval of the public hearing date, 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, October 13, 2025 RECOMMENDATION: Approve the resolution. ATTACHMENTS: I. Proposed Resolution II. Amendment No. 1 to Kettlestone Phase 3 Commercial Urban Renewal Plan PREPARED BY:Jennifer Brown, Economic Development Director REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: I1J11 RESOLUTION NO. ______ RESOLUTION SETTING DATES OF A CONSULTATION AND A PUBLIC HEARING ON A PROPOSED AMENDMENT NO. 1 TO THE KETTLESTONE PHASE 3 COMMERCIAL URBAN RENEWAL PLAN IN THE CITY OF WAUKEE, STATE OF IOWA WHEREAS, by Resolution No. 2023-231, 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 3 Commercial Urban Renewal Plan (the "Phase 3 Plan" or "Phase 3 Urban Renewal Plan") for the Kettlestone Phase 3 Commercial Urban Renewal Area (the "Phase 3 Area" or "Phase 3 Urban Renewal Area") described therein, which Phase 3 Plan is on file in the office of the Recorder of Dallas County; and WHEREAS, this Phase 3 Urban Renewal Area currently includes and consists of: Parcel 23-38 of the Plat of Survey recorded in Book 2023 Page 5013, City of Waukee, Dallas County, Iowa (Parcel # 1603100048); and WHEREAS, City staff has caused there to be prepared a form of Phase 3 Amendment No. 1 to the Plan ("Phase 3 Amendment No. 1" or "Phase 3 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 Phase 3 Urban Renewal Area; and WHEREAS, it is desirable that the area be redeveloped as part of the overall redevelopment covered by the Phase 3 Plan, as amended; and WHEREAS, this proposed Phase 3 Amendment does not add new land to the Urban Renewal Area; and WHEREAS, the Iowa statutes require the City Council to notify all affected taxing entities of the consideration being given to the proposed Phase 3 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 3 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 3 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 3 Amendment required by Section 403.5(2), Code of Iowa, as amended, shall be held on October 13, 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 3 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 3 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 October 13, 2025, in the Council Chambers, City Hall, 230 West Hickman Road, Waukee, Iowa concerning a proposed Amendment No. 1 to the Kettlestone Phase 3 Commercial Urban Renewal Plan for the Kettlestone Phase 3 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 3 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 3 Urban Renewal Area, and the duration of any bond issuance included in the Phase 3 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 3 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 7th day of October, 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 3 Amendment before the City Council at its meeting which commences at 5:30 P.M. on November 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 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 3 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 November 3, 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 3 Commercial Urban Renewal Plan (the "Phase 3 Amendment") concerning a Kettlestone Phase 3 Commercial Urban Renewal Area ("Phase 3 Urban Renewal Area") in the City of Waukee, State of Iowa. The Phase 3 Urban Renewal Area contains the land legally described as follows: Parcel 23-38 of the Plat of Survey recorded in Book 2023 Page 5013, City of Waukee, Dallas County, Iowa (Parcel # 1603100048). A copy of the Phase 3 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 3 Amendment is approved, shall undertake the urban renewal activities described in the Kettlestone Phase 3 Commercial Urban Renewal Plan ("Phase 3 Plan"), as amended. The general scope of the urban renewal activities under consideration in the Phase 3 Plan, as amended, is to promote the growth and retention of qualified industries and businesses in the Phase 3 Urban Renewal Area through various public purpose and special financing activities outlined in the Phase 3 Plan, as amended. To accomplish the objectives of the Phase 3 Plan, and to encourage the further economic development of the Phase 3 Urban Renewal Area, the Phase 3 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 3 Plan provides that the City may issue bonds or use available funds for purposes allowed by the Phase 3 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 3 Amendment initially proposes no specific public infrastructure or site improvements to be undertaken by the City. The proposed Phase 3 Amendment would update the description of a previously approved urban renewal project to be undertaken within the Phase 3 Urban Renewal Area. Other provisions of the Phase 3 Plan not affected by the Phase 3 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 6th day of October, 2025. Rebecca D. Schuett City Clerk, City of Waukee, State of Iowa (End of Notice) Section 5.That the proposed Phase 3 Amendment, attached hereto as Exhibit 1, for the Phase 3 Urban Renewal Area described therein is hereby officially declared to be the proposed Phase 3 Amendment referred to in the notices for purposes of such consultation and hearing and that a copy of the Phase 3 Amendment shall be placed on file in the office of the City Clerk. PASSED AND APPROVED this 6th day of October, 2025. Mayor ATTEST: City Clerk AMENDMENT NO. 1 to the KETTLESTONE PHASE 3 COMMERCIAL URBAN RENEWAL PLAN for the KETTLESTONE PHASE 3 COMMERCIAL URBAN RENEWAL AREA WAUKEE, IOWA Original Area – 2023 Amendment No. 1 – 2025 Amendment No. 1 to the Kettlestone Phase 3 Commercial Urban Renewal Plan for the Kettlestone Phase 3 Commercial Urban Renewal Area City of Waukee, Iowa INTRODUCTION The Kettlestone Phase 3 Commercial Urban Renewal Plan (“Phase 3 Plan” or “Phase 3 Urban Renewal Plan”) for the Kettlestone Phase 3 Commercial Urban Renewal Area (“Phase 3 Area” or “Phase 3 Urban Renewal Area”) adopted in June 2023, is being amended by this Amendment No. 1 to the Phase 3 Plan (“Phase 3 Amendment No. 1” or “Phase 3 Amendment”) to update the description of a previously approved urban renewal project to be undertaken within the Phase 3 Urban Renewal Area. No land is being added to or removed from the Phase 3 Urban Renewal Area by this Phase 3 Amendment. Except as modified by this Phase 3 Amendment No. 1, the provisions of the original Phase 3 Urban Renewal 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 3 Amendment shall control. Any subsection of the Phase 3 Plan not mentioned in this Phase 3 Amendment shall continue to apply to the Phase 3 Plan. DESCRIPTION OF AREA Although the property contained in the Phase 3 Area has not changed, a plat of survey for the property has been completed and the updated legal description for the Phase 3 Area is attached hereto as Exhibit A. 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 3 Plan, and the urban renewal project described in this Phase 3 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 3 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 3 Urban Renewal Area is set forth in the Phase 3 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 3 Urban Renewal Plan with the following project: 1. Development Agreement with IYAF and related entities: Pursuant to authority granted by the Phase 3 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 maximum, aggregate grant amount would be increased. For purposes of this Phase 3 Plan, as amended, the eligible urban renewal project is the completion of approximately $20,000,000 in commercial developments within the Phase 3 Area (“Phase 3 Commercial Improvements”), which development the City finds will further the purposes of the Phase 3 Plan. The City expects to provide Developers with Economic Development Grants in the form of rebates of incremental taxes generated by the Phase 3 Commercial Improvements, in an aggregate amount among all five phases of not to exceed $55,000,000. 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 3 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: $55,000,000 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 3 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 3 Plan, any prior amendment, resolution, or document, the Phase 3 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 3 Amendment shall alter the duration of the division of revenue as previously explained in the Phase 3 Plan. REPEALER AND SEVERABILITY CLAUSE Any parts of the previous Phase 3 Plan in conflict with this Phase 3 Amendment are hereby repealed. If any part of this Phase 3 Amendment or the Phase 3 Plan is determined to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity of the Phase 3 Amendment or the Phase 3 Plan as a whole, or any part of the Phase 3 Amendment or the Phase 3 Plan not determined to be invalid or unconstitutional. EXHIBIT A UPDATED LEGAL DESCRIPTION OF PHASE 3 AREA AS DESCRIBED IN PLAT OF SURVEY Parcel 23-38 a part of Parcel 21-95 as shown on the Plat of Survey recorded in Book 2021, Page 31554 being a part of Government Lots 5 and 12 in Section 3 and part of Government Lots 9 and 16 in Section 4, all being in Township 78 North, Range 26 West of the Fifth Principal Meridian in the City of Waukee, Dallas County, Iowa 4909-4919-2021-1\21938-383