HomeMy WebLinkAbout2025-10-20 Resolution 2025-413_Set Public Hearing Date, First Amendment to Development Agreement, Caliber Land Company LLc, Kettlestone Central LC, Iowa Youth Athletic FoundationRESOLUTION NO. 2025-413
RESOLUTION FIXING DATE FOR A PUBLIC HEARING ON
THE PROPOSAL TO ENTER INTO A FIRST AMENDMENT TO
THE AGREEMENT FOR PRIVATE DEVELOPMENT WITH
CALIBER LAND COMPANY, LLC, KETTLESTONE
CENTRAL, L.C., AND IOWA YOUTH ATHLETIC
FOUNDATION, AND PROVIDING FOR PUBLICATION OF
NOTICE THEREOF
WHEREAS, on June 5, 2023, this Council found that certain areas located within the City
are eligible and should be designated as urban renewal areas under Iowa law, and approved and
adopted the: (1) Kettlestone Phase 1 Commercial Urban Renewal Plan (the "Phase 1 Plan") for the
Kettlestone Phase 1 Commercial Urban Renewal Area (the "Phase 1 Urban Renewal Area")
described therein; (2) the Kettlestone Phase 2 Commercial Urban Renewal Plan (the "Phase 2
Plan") for the Kettlestone Phase 2 Commercial Urban Renewal Area (the "Phase 2 Urban Renewal
Area") described therein; (3) the Kettlestone Phase 3 Commercial Urban Renewal Plan (the "Phase
3 Plan") for the Kettlestone Phase 3 Commercial Urban Renewal Area (the "Phase 3 Urban
Renewal Area") described therein; and (4) the Kettlestone Phase 4 Commercial Urban Renewal
Plan (the "Phase 4 Plan") for the Kettlestone Phase 4 Commercial Urban Renewal Area (the "Phase
4 Urban Renewal Area") described therein; and
WHEREAS, the City and Caliber Land Company, LLC ("Caliber"), Kettlestone Central,
L.C. ("Kettlestone Central"), and Iowa Youth Athletic Foundation ("IYAF") have previously
entered into that certain Agreement for Private Development dated May 30, 2023 (the
"Agreement"), pursuant to which, Caliber agreed to construct certain "Phase 2 Commercial
Improvements" and Kettlestone Central agreed to construct certain "Phase 1 Commercial
Improvements", "Phase 3 Commercial Improvements", and "Phase 4 Commercial Improvements"
and, further, IYAF agreed to construct certain "Arena Improvements", all on distinct portions of
the "Development Property"; and
WHEREAS, the City, IYAF, and West Bank ("Bank") executed a Partial Assignment of
Development Agreement dated March 4, 2024 ("Bank Assignment"), by which Bank Assignment
IYAF assigned its right, title and interest to the Economic Development Grants to the Bank; and
WHEREAS, the City has received a proposal from Caliber, Kettlestone Central, and IYAF,
in the form of a proposed First Amendment to the Agreement for Private Development (the "First
Amendment") by and between the City, Caliber, Kettlestone Central, and IYAF in order to (i)
revise the Agreement terms and exhibits to account for the creation of the Phase 5 Urban Renewal
Area; and (ii) increase the Cumulative Maximum Amount of Grants; and
WHEREAS, neither the Agreement, as amended, nor any other Code provision sets forth
any procedural action required to be taken before said economic development activities can occur
under the Agreement, as amended, and pursuant to Section 364.6, Code of Iowa, it is deemed
sufficient if the action hereinafter described be taken and the City Clerk publish notice of the
proposal and of the time and place of the meeting at which the Council proposes to take action
thereon and to receive oral and/or written objections from any resident or property owner of said
City to such action.
NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF
WAUKEE IN THE STATE OF IOWA:
Section 1. That this Council meet in the Council Chambers, City Hall, 230 West Hickman
Road, Waukee, Iowa, at 5:30 P.M. on November 3, 2025, for the purpose of taking action on the
matter of the proposal to enter into a First Amendment to the Agreement for Private Development
with Caliber Land Company, LLC, Kettlestone Central, L.C., and Iowa Youth Athletic
Foundation.
Section 2. That the City Clerk is hereby directed to cause at least one publication to be
made of a notice of said meeting, in a legal newspaper, printed wholly in the English language,
published at least once weekly, and having general circulation in said City, said publication to be
not less than four (4) clear days nor more than twenty (20) days before the date of said public
meeting.
Section 3. The notice of the proposed action shall be in substantially the following form:
(One publication required)
NOTICE OF PUBLIC HEARING OF THE CITY COUNCIL OF
THE CITY OF WAUKEE IN THE STATE OF IOWA, ON THE
MATTER OF THE PROPOSAL TO ENTER INTO A FIRST
AMENDMENT TO THE AGREEMENT FOR PRIVATE
DEVELOPMENT WITH CALIBER LAND COMPANY, LLC,
KETTLESTONE CENTRAL, L.C., AND IOWA YOUTH
ATHLETIC FOUNDATION, AND THE HEARING THEREON
PUBLIC NOTICE is hereby given that the Council of the City of Waukee in the State of
Iowa, will hold a public hearing on November 3, 2025, at 5:30 P.M. in the Council Chambers,
City Hall, 230 West Hickman Road, Waukee, Iowa, at which meeting the Council proposes to take
action on the proposal to enter into a First Amendment (the "First Amendment") to the Agreement
for Private Development ("Agreement") with Caliber Land Company, LLC (the "Caliber"),
Kettlestone Central, L.C. (the "Kettlestone Central"), and Iowa Youth Athletic Foundation (the
"IYAF" and collectively with Caliber and Kettlestone Central, the "Developers").
Pursuant to the Agreement, Caliber agreed to construct certain "Phase 2 Commercial
Improvements" and Kettlestone Central agreed to construct certain "Phase 1 Commercial
Improvements", "Phase 3 Commercial Improvements", and "Phase 4 Commercial Improvements"
and, further, IYAF agreed to construct certain "Arena Improvements", all on distinct portions of
the Kettlestone Phase 1 Commercial Urban Renewal Area, the Kettlestone Phase 2 Commercial
Urban Renewal Area, the Kettlestone Phase 3 Commercial Urban Renewal Area, and the
Kettlestone Phase 4 Commercial Urban Renewal Area; and the City agreed to provide certain
Economic Development Grant incentives to IYAF, subject to the Developers' compliance with the
Agreement.
The City and Developers desire to make additional changes to the terms of the Agreement,
pursuant to the proposed First Amendment to (i) revise the Agreement terms and exhibits to
account for the creation of a Kettlestone Phase 5 Commercial Urban Renewal Area; and (ii)
increase the Cumulative Maximum Amount of Grants to $55,000,000.
A copy of the Agreement is on file for public inspection during regular business hours in
the office of the City Clerk, City Hall, City of Waukee, Iowa.
At the above meeting the Council shall receive oral or written objections from any resident
or property owner of said City, to the proposal to enter into the Agreement. After all objections
have been received and considered, the Council will at this meeting or at any adjournment thereof,
take additional action on the proposal or will abandon the proposal to authorize said Agreement.
This notice is given by order of the City Council of the City of Waukee in the State of
Iowa, as provided by Section 364.6, Code of Iowa.
Dated this 20`" day of October, 2025.
Rebecca D. Schuett
City Clerk, City of Waukee in the State of Iowa
(End of Notice)
PASSED AND APPROVED this 20th day of October, 2025.
ATTEST:
City Clerk
RESULTS OF VOTE:
R. Charles Bottenberg
Chris Crone
Rob Grove
Anna Bergman Pierce
Ben Sinclair
Mayor
AYE NAY ABSENT ABSTAIN
X
X
X
X
X