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HomeMy WebLinkAbout2025-11-03 H04G_01 Kettlestone Phase 4 Commercial Amendment No 1 URA_ResolutionAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: November 3, 2025 AGENDA ITEM:Consideration of approval of a resolution determining an area of the City to be an economic development 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 the Plan Amendment [Amendment No. 1 to Kettlestone Phase 4 Commercial Urban Renewal Plan] FORMAT:Resolution SYNOPSIS INCLUDING PRO & CON: The City of Waukee adopted the Kettlestone Phase 4 Commercial Urban Renewal Plan in June 2023. Amendment No. 1 updates the description of a previously approved project within the Phase 4 Urban Renewal Area. No property is being added or removed, and all other provisions of the original plan remain unchanged. The amendment replaces the previous Iowa Youth Athletic Foundation (IYAF) project description. The City’s Development Agreement with Caliber Land Company, LLC, Kettlestone Central, L.C., and IYAF is being amended to: Extend the project from four to five phases; Increase the maximum aggregate grant amount; and Support completion of approximately $20 million in new commercial improvements within the Phase 4 Area. The City may provide up to $55 million in Economic Development Grants (tax increment rebates), subject to annual appropriation and the terms of the agreement. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: Staff held a consultation meeting on Monday, October 13, 2025, and invited all affected taxing entities within the Plan area to review the proposal. No representatives attended the meeting. RECOMMENDATION: Staff recommends approval of the resolution adopting the proposed Amendment No. 1 to Kettlestone Phase 4 Commercial Urban Renewal Plan. ATTACHMENTS: I. Resolution H4G1 II. Amendment No. 1 to Kettlestone Phase 4 Commercial Urban Renewal Plan PREPARED BY:Jennifer Brown, Economic Development Director REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: RESOLUTION NO. ______ RESOLUTION DETERMINING AN AREA OF THE CITY TO BE AN ECONOMIC DEVELOPMENT 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. 1 TO THE KETTLESTONE PHASE 4 COMMERCIAL URBAN RENEWAL PLAN WHEREAS, by Resolution No. 2023-232, 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 4 Commercial Urban Renewal Plan (the "Phase 4 Plan" or "Phase 4 Urban Renewal Plan") for the Kettlestone Phase 4 Commercial Urban Renewal Area (the "Phase 4 Area" or "Phase 4 Urban Renewal Area") described therein, which Phase 4 Plan is on file in the office of the Recorder of Dallas County; and WHEREAS, this Phase 4 Urban Renewal Area, as corrected nunc pro tunc by Resolution No. 2023-496, currently includes and consists of: Parcel 23-39 of the Plat of Survey recorded in Book 2023, Page 5013, City of Waukee, Dallas County, Iowa (Parcel # 1603100049) EXCEPT Any portion thereof included in Kettlestone Central Plat 1, an official plat in and forming a part of the City of Waukee, Dallas County, Iowa WHEREAS, a proposed Phase 4 Amendment No. 1 to the Plan ("Phase 4 Amendment No. 1" or "Phase 4 Amendment") for the Phase 4 Urban Renewal Area described above has been prepared, which proposed Phase 4 Amendment has been on file 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 4 Urban Renewal Area; and WHEREAS, it is desirable that the area be redeveloped as part of the overall redevelopment covered by the Phase 4 Plan, as amended; and WHEREAS, this proposed Phase 4 Amendment does not add new land to the Urban Renewal Area; and WHEREAS, by resolution adopted on October 6, 2025, this Council directed that a consultation be held with the designated representatives of all affected taxing entities to discuss the proposed Phase 4 Amendment and the division of revenue described therein, and that notice of the consultation and a copy of the proposed Phase 4 Amendment 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 the Phase 4 Amendment for this meeting of the Council, and due and proper notice of the 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 Phase 4 Amendment, 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 the Phase 4 Amendment 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 Phase 4 Urban Renewal Area into decent, safe and sanitary dwelling accommodations within their means and without undue hardship to such families; b)The Phase 4 Plan, as amended, and Phase 4 Amendment 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 Phase 4 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 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 Phase 4 Urban Renewal Area, as amended, continues to be an economic development 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. 1 to the Kettlestone Phase 4 Commercial 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. 1 to the Kettlestone Phase 4 Commercial Urban Renewal Plan for the City of Waukee, State of Iowa"; Phase 4 Amendment, 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 the Phase 4 Amendment with the proceedings of this meeting. Section 5.That, notwithstanding any resolution, ordinance, plan, amendment or any other document, the Phase 4 Amendment shall be in full force and effect from the date of this Resolution until the Council amends or repeals the Phase 4 Plan. The proposed Phase 4 Amendment 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 Phase 4 Plan not affected or otherwise revised by the terms of the Phase 4 Amendment, as well as all resolutions previously adopted by this City Council related to the Phase 4 Plan be and the same are hereby ratified, confirmed and approved in all respects. PASSED AND APPROVED this 3rd day of November, 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 AMENDMENT NO. 1 to the KETTLESTONE PHASE 4 COMMERCIAL URBAN RENEWAL PLAN for the KETTLESTONE PHASE 4 COMMERCIAL URBAN RENEWAL AREA WAUKEE, IOWA Original Area – 2023 Amendment No. 1 – 2025 Amendment No. 1 to the Kettlestone Phase 4 Commercial Urban Renewal Plan for the Kettlestone Phase 4 Commercial Urban Renewal Area City of Waukee, Iowa INTRODUCTION The Kettlestone Phase 4 Commercial Urban Renewal Plan (“Phase 4 Plan” or “Phase 4 Urban Renewal Plan”) for the Kettlestone Phase 4 Commercial Urban Renewal Area (“Phase 4 Area” or “Phase 4 Urban Renewal Area”) adopted in June 2023, is being amended by this Amendment No. 1 to the Phase 4 Plan (“Phase 4 Amendment No. 1” or “Phase 4 Amendment”) to update the description of a previously approved urban renewal project to be undertaken within the Phase 4 Urban Renewal Area. No land is being added to or removed from the Phase 4 Urban Renewal Area by this Phase 4 Amendment. Except as modified by this Phase 4 Amendment No. 1, the provisions of the original Phase 4 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 4 Amendment shall control. Any subsection of the Phase 4 Plan not mentioned in this Phase 4 Amendment shall continue to apply to the Phase 4 Plan. DESCRIPTION OF AREA Although the property included in the Phase 4 Area has not changed, a plat of survey for the property has been completed and the updated legal description for the Phase 4 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 in the Phase 4 Plan, and the urban renewal project described in this Phase 4 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 4 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 4 Urban Renewal Area is set forth in the Phase 4 Plan, as amended. UPDATE TO PREVIOUSLY APPROVED URBAN RENEWAL PROJECT Numerous urban renewal projects were authorized prior to the date of this Amendment and may be continuing. With the adoption of this Amendment, the City is replacing the Iowa Youth Athletic Foundation project description outlined in the Phase 4 Urban Renewal Plan with the following project: 1. Development Agreement with IYAF and related entities: Pursuant to authority granted by the Phase 4 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 4 Plan, as amended, the eligible urban renewal project is the completion of approximately $20,000,000 in commercial developments within the Phase 4 Area (“Phase 4 Commercial Improvements”), which development the City finds will further the purposes of the Phase 4 Plan. The City expects to provide Developers with Economic Development Grants in the form of rebates of incremental taxes generated by the Phase 4 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 4 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 4 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 4 Plan, any prior amendment, resolution, or document, the Phase 4 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 4 Amendment shall alter the duration of the division of revenue as previously explained in the Phase 4 Plan. REPEALER AND SEVERABILITY CLAUSE Any parts of the previous Phase 4 Plan in conflict with this Phase 4 Amendment are hereby repealed. If any part of this Phase 4 Amendment or the Phase 4 Plan is determined to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity of the Phase 4 Amendment or the Phase 4 Plan as a whole, or any part of the Phase 4 Amendment or the Phase 4 Plan not determined to be invalid or unconstitutional. EXHIBIT A UPDATED LEGAL DESCRIPTION OF PHASE 4 AREA AS DESCRIBED IN PLAT OF SURVEY Parcel 23-39 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 4912-4960-9301-1\21938-384