HomeMy WebLinkAbout2026-04-20 I08 NW 6th St Improvements_Developer's Agreement AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: April 20, 2026
AGENDA ITEM: Consideration of approval of a resolution approving Developer’s Agreement
with Parkside Waukee, LLC [NW 6th Street Public Improvements]
FORMAT: Resolution
SYNOPSIS INCLUDING PRO & CON: Parkside Waukee, LLC, is in the process of constructing
the public improvements associated with Parkside Waukee Plat 2 which
includes an extension of NW 6th Street. The City previously constructed a
culvert along NW 6th Street to allow the developer to install the pavement for
the street.
As part of the improvements to NW 6th Street, staff have coordinated with the
developer to install a raised pedestrian crosswalk along NW 6th Street as part
of their public improvements. The intent of the raised crosswalk is to provide
a safe pedestrian crossing of NW 6th Street for a future trail that the city is in
the process of designing.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: The agreement includes the
additional costs to install the raised crosswalk. The City Engineer has
reviewed the costs and agrees that the amount is reasonable and accurate. The
total amount to be reimbursed to Parkside Waukee, LLC, for the raised
crosswalk is $51,240.49. The amount will be reimbursed upon completion of
the public improvements and approval of the final plat for Parkside Waukee
Plat 2.
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT: Staff recommends approval.
RECOMMENDATION: Approve the resolution.
ATTACHMENTS: I. Proposed Resolution & Agreement
PREPARED BY: Andy Kass, Community Development Director
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
I8
THE CITY OF WAUKEE, IOWA
RESOLUTION 2026-
APPROVING DEVELOPER’S AGREEMENT WITH PARKSIDE WAUKEE, LLC
[NW 6TH STREET PUBLIC IMPROVEMENTS]
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA
WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal
Organization; AND,
WHEREAS, the City Council has previously approved the construction drawings for Parkside
Waukee Plat 2 AND,
WHEREAS, the City has been in discussion with the owner, PARKSIDE WAUKEE, LLC,
regarding the installation of a raised crosswalk as part of the public improvements related to
Parkside Plat 2; AND,
WHEREAS, the discussions have resulted in a development agreement that the City Staff believes
that is in the best interest of the City to approve.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee, Iowa, that
the Developer’s Agreement with PARKSIDE WAUKEE, LLC, is hereby approved.
BE IT FURTHER RESOLVED that the Mayor is authorized to execute any and all documents
to effectuate the development agreement, and that the City Clerk shall cause the originals of the
agreement to be recorded upon the properties by submitting the original to the Dallas County
Recorder with the appropriate recording fees.
Passed by the City Council of the City of Waukee, Iowa, and approved this the 20th day of
April, 2026.
____________________________
Courtney Clarke, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN
Kala Anderson
Chris Crone
Rob Grove
Lori Lyon
Anna Bergman Pierce
Prepared by: Steven P. Brick, Brick Gentry P.C., 6701 Westown Parkway, Suite 100, West Des Moines, IA (515) 274-1450
Return to: City Clerk, City of Waukee, 230 W. Hickman Road, Waukee, Iowa 50263 (515) 978-7904
DEVELOPER’S AGREEMENT
This Agreement, entered into between the City of Waukee, an Iowa municipal corporation
in the State of Iowa (hereinafter referred to as "City"); and Parkside Waukee, LLC, an Iowa limited
liability company (hereinafter referred to as “Property Owner”); (The City and Property Owner
may also be collectively referred to as “Parties”) and
WHEREAS, Property Owner presently owns certain real property located within the
corporate limits of the City and presently legally described as:
A part of the Southwest Quarter of Section 21, Township 79 North, Range 26 West of the
Fifth P.M. in the City of Waukee, Dallas County, Iowa and more particularly described as
follows:
Beginning at the West Quarter Corner of said Section 21; thence South 89°32’24” East
along the Northerly line of said Southwest Quarter, 1785.74 feet; thence South 4°53’58”
East, 277.40 feet; thence South 23°00’32” East, 235.84 feet; thence South 8°47’25” East,
222.45 feet; thence South 2°47’14” East, 273.91 feet; thence South 54°35’02” East, 63.63
feet; thence South 02°47’14” East, 359.56 feet; thence North 80°40’25” West, 84.15 feet;
thence South 73°00’47” West, 65.92 feet; thence North 64°14’52” West, 166.41 feet;
thence South 39°29’49” West, 105.31 feet; thence South 84°45’38” West, 416.75 feet;
thence North 84°19’07” West, 340.90 feet; thence North 61°40’18” West, 219.84 feet;
thence North 76°23’21” West, 556.70 feet; thence North 59°44’30” West, 121.50 feet to
the East right of way line of N. 10th Street; thence South 89°55’24” West, 60.00 feet to the
West line of said Southwest Quarter; thence North 0°04’36” West along said west line,
1119.67 feet to the point of beginning and containing 58.47 acres (2,547,024 square feet).
(herein referred to as the “Property”); and
WHEREAS, Property Owner is developing develop the Property as a single-family
subdivision in accordance with this agreement and the City of Waukee subdivision requirements;
and
WHEREAS, as part of the development of the Property, Property Owner must make certain
public improvements to NW 6th Street including but not limited to the extension of NW 6th Street
adjacent to the Property and install a water main to accommodate the water needs resulting from
the development of the Property; and
WHEREAS, the City intends to commence the construction of a City trail network in the
future which will cross a portion of NW 6th Street that is being constructed by the Property Owner.
The trail crossing on NW 6th Street is designed to be a raised crosswalk for pedestrian safety. For
cost efficiency and to avoid waste, the Property Owner desires to construct the raised crosswalk as
part of its construction of the NW 6th Street extension adjacent to its Property, where the Property
Owner is reimbursed the extra cost incurred for a raised cross walk by the City; and
WHEREAS, the City has reviewed cost estimates from the Property Owner associated with
the increased cost of a raised crosswalk; and
WHEREAS, the Parties desire to enter into an agreement setting forth the respective
understandings and obligations of the Parties.
In consideration of the mutual promises as more particularly set forth herein, sufficiency
of which is hereby acknowledged, the Parties agree as follows:
1. Scope. The parties agree that this Agreement only addresses the reimbursement of
the expense incurred by Property owner in enhancing the crosswalk being installed
to a raised crosswalk. The Property Owner has other obligations associated with the
Platting, Site plan and development of the Property and this Agreement does not in
any way effect the obligations of the Developer to satisfy the obligations imposed
by Federal, State and Local laws and regulations.
2. Raised Crosswalk Permanent Improvements. Property Owner understands and
agrees that the City subdivision regulations provide that as part of the development
of the Property, Property Owner is responsible for the extension of NW 6th Street
adjacent to the Property in accordance with the City’s subdivision regulations.
Property Owner agrees that it will enhance the crosswalk at the location of the
anticipated trail to a raised crosswalk in accordance with the construction drawings
and the plans and specifications approved by the City as shown on Exhibit A. The
total additional cost of the Developer’s enhancement of the crosswalk to a raised
crosswalk at that location will be $51,240.49 and is referenced in Exhibit B. The
City shall make the payment to the Property Owner at the time the approval of the
final plat of the Property and acceptance of the completed Improvements. These
obligations shall run with the Property and be binding on Property Owner, its
successors in interests and assigns.
3. This agreement pertains only to the matters specifically addressed herein, and
is not intended to address, alter, or otherwise effect other obligations of
Property Owner required as part of the platting and the Development of its
Property. Nothing herein shall change or otherwise effect Property Owner’s
obligations to pay applicable connection fees as part of the platting and
development of the Property.
4. Binding Effect. This Agreement shall inure to the benefit of and be binding upon
all Parties, their successors in interests or assigns, if any. This Agreement is
intended by the Parties to provide for the entire agreement between the Parties and
is limited in scope to matters expressly provided herein.
5. Enforcement. Should it become necessary for either party to enforce this agreement,
the defaulting party shall be responsible for any and all attorney’s fees and expenses
incurred by the other party in pursuit of enforcement of this Agreement.
6. Jurisdiction. The Parties agree that this Agreement and amendments hereto, if any,
shall be governed by the laws of the State of Iowa. The Parties consent and agree
that the proper venue and jurisdiction relative to the enforcement of the terms,
conditions and provisions of this Agreement and amendments hereto, if any, is the
Iowa District Court in and for Dallas County, Iowa.
[Signature pages follow.]
CITY OF WAUKEE, IOWA
By: ___________________________________
Courtney Clarke, Mayor
By: ___________________________________
Rebecca D. Schuett, City Clerk
Date:___________________, 2026
(City Seal)
STATE OF IOWA, DALLAS COUNTY, ss:
On this _____ day of _________________, 2026, before me the undersigned, a Notary Public
in and for the State of Iowa, personally appeared Courtney Clarke and Rebecca D. Schuett, to me
personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk,
respectively, of the City of Waukee, Iowa; that the instrument was signed and sealed on behalf of
the City by authority of its City Council, as contained in Resolution No. ______ passed by the City
Council on the _____ day of ______________, 2026, and that Courtney Clarke and Rebecca D.
Schuett, as such officers, acknowledged the execution of the instrument to be the voluntary act and
deed of the City, by it and by them voluntarily executed.
__________________________________________
Notary Public in and for the State of Iowa
Parkside Waukee, LLC
By: ___________________________________________
Print Name: _________________________________
Title: _______________________________________
Dated:__________________________, 2026
STATE OF IOWA, __________________ COUNTY, ss:
On this _______ day of _____________, 2026, before me, a Notary Public in and for said
county, personally appeared ________________, to me personally known, who being by me duly
(sworn or affirmed) did say that he/she is the _________________ of said limited liability
company, that said instrument was signed on behalf of the said limited liability company; and, that
said _______________, as such ______________, acknowledged the execution of said instrument
to be the voluntary act and deed of said limited liability company, by it and by him/her voluntarily
executed.
____________________________________
Notary Public in and for the State of Iowa
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5
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10
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0
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0
5
10
1
0
CIVIL DESIGN ADVANTAGE
25
0
3
.
1
6
7
PARKSIDE PLAT 2
ENGINEER: JMM EI: CWO/JDS
REVISIONS DATE
WAUKEE, IOWA
50
FIRST SUBMITTAL 05/06/2025
PHONE: (515) 369-4400
4121 NW URBANDALE DRIVE
URBANDALE, IA 50322
SECOND SUBMITTAL 07/02/2025
THIRD SUBMITTAL 09/05/2025
FOURTH SUBMITTAL 11/10/2025
FINAL SUBMITTAL 01/23/202610
STORM AND SANITARY PLAN AND PROFILE
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EXHIBIT A
60
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0
61
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61
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0
0
CIVIL DESIGN ADVANTAGE
25
0
3
.
1
6
7
PARKSIDE PLAT 2
ENGINEER: JMM EI: CWO/JDS
REVISIONS DATE
WAUKEE, IOWA
50
FIRST SUBMITTAL 05/06/2025
PHONE: (515) 369-4400
4121 NW URBANDALE DRIVE
URBANDALE, IA 50322
SECOND SUBMITTAL 07/02/2025
THIRD SUBMITTAL 09/05/2025
FOURTH SUBMITTAL 11/10/2025
FINAL SUBMITTAL 01/23/202649
INTERSECTION DETAIL
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NW 6TH ST
NW 6TH ST
EXHIBIT A
60
+
0
0
61
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0
0
CIVIL DESIGN ADVANTAGE
25
0
3
.
1
6
7
PARKSIDE PLAT 2
ENGINEER: JMM EI: CWO/JDS
REVISIONS DATE
WAUKEE, IOWA
50
FIRST SUBMITTAL 05/06/2025
PHONE: (515) 369-4400
4121 NW URBANDALE DRIVE
URBANDALE, IA 50322
SECOND SUBMITTAL 07/02/2025
THIRD SUBMITTAL 09/05/2025
FOURTH SUBMITTAL 11/10/2025
FINAL SUBMITTAL 01/23/202650
SIGNAGE LAYOUT
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NW 6TH ST
EXHIBIT A
Additional costs associated with design changes
Item Cost
15 " RCP Storm with televising (77 LF)5,256.79$
SW-505 (1)4,367.00$
SW-506 (1)6,156.00$
Cost difference between 6" subdrain and RCP subdrain 876.20$
Speed Hump 16,322.50$
Detectable Warnings (60 SF)3,000.00$
6" PCC Ped Ramps (42 SY)4,662.00$
6" PCC Shared Use Trail (100 SY)5,600.00$
Additional Signage (Page 50)2,500.00$
Additional Striping (Page 49)2,500.00$
TOTAL 51,240.49$
EXHIBIT B