HomeMy WebLinkAbout2016-07-18-Resolutions 16-298_KC Kettlestone - Ashworth Properties - Development Agr - Set PHRESOLUTION NO.16-298
RESOLUTION FIXING DATE FOR A PUBLIC HEARING ON
THE PROPOSAL TO ENTER INTO A DEVELOPMENT
AGREEMENT WITH KC KETTLESTONE,L.C.AND
ASHWORTH PROPERTIES DEVELOPMENT,INC.,AND
PROVIDING FOR PUBLICATION OF NOTICE THEREOF
WHEREAS,by Resolution No.13-257,adopted October 21,2013,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 Gateway Urban Renewal
Plan (the "Plan")for the Gateway Urban Renewal Area (the "Urban Renewal Area"or "Area")
described therein,which Plan,as amended,is on file in the office of the Recorder of Dallas
County;and
WHEREAS,it is desirable that properties within the Area be redeveloped as part of the
overall redevelopment area covered by said Plan;and
WHEREAS,the City has received a proposal from KC Kettlestone,L.C.(the
"Developer")and Ashworth Properties Development,Inc.(the "Land Developer"),in the form of
a proposed Development Agreement (the "Agreement")by and among the City,the Developer,
and the Land Developer pursuant to which,among other things,the Developer would agree to
construct certain Minimum Improvements (as defined in the Agreement)on certain real property
located within the Gateway Urban Renewal Area as defined and legally described in the
Agreement and consisting of the construction of a 90,000 square foot,two story building to be
used for office space,together with all related site improvements,as outlined in the proposed
Development Agreement;and
WHEREAS,the Agreement further proposes that the City will make up to five (5)
consecutive annual payments of Economic Development Grants to Developer consisting of
100'lo of the Tax Increments pursuant to Iowa Code Section 403.19 and generated by the
construction of the Minimum Improvements;the cumulative total for all such payments is
currently estimated to be $1,740,000 but in no event will exceed the amount accrued under the
formula outlined in the proposed Development Agreement,under the terms and following
satisfaction of the conditions set forth in the Agreement;and
WHEREAS,the Agreement proposes that Land Developer will dedicate property to the
City,at no cost to the City,to be used as right-of-way for certain Public Improvements,as
described in the Agreement,to be constructed by the City in the Urban Renewal Area;and
WHEREAS,the Agreement further proposes that Land Developer will pay for the costs
of the Public Improvements not otherwise paid for by RISE grants;and
WHEREAS,the Agreement further proposes that the City will make up to five (5)
additional consecutive annual payments of Economic Development Grants to Developer
consisting of 100'lo of the Tax Increments pursuant to Iowa Code Section 403.19 and generated
by the construction of the Minimum Improvements,the cumulative total for all such payments
not to exceed the amount accrued under the formula outlined in the proposed Development
Agreement (currently estimated to be $1,740,000),under the terms and following satisfaction of
the conditions set forth in the Agreement;and
WHEREAS,the Agreement further proposes that Developer will contribute $25,000 from
each Economic Development Grant to offset the cost of the City constructing certain Public
Amenities in the Urban Renewal Area,as described in the Agreement;and
WHEREAS,Developer anticipates the Minimum Improvements will be leased to a
commercial business that will employ employees therein;and
WHEREAS,Iowa Code Chapters 15A and 403 (the "Urban Renewal Law")authorize
cities to make grants for economic development in furtherance of the objectives of an urban
renewal project and to appropriate such funds and make such expenditures as may be necessary
to carry out the purposes of said Chapter,and to levy taxes and assessments for such purposes;
and
WHEREAS,the Council has determined that the Agreement is in the best interests of the
City and the residents thereof and that the performance by the City of its obligations thereunder
is a public undertaking and purpose and in furtherance of the Plan and the Urban Renewal Law
and,further,that the Agreement and the City's performance thereunder is in furtherance of
appropriate economic development activities and objectives of the City within the meaning of
Chapters 15A and 403 of the Iowa Code,taking into account the factors set forth therein;and
WHEREAS,neither the Urban Renewal Law nor any other Code provision sets forth any
procedural action required to be taken before said economic development activities can occur
under the Agreement,and pursuant to Section 364.6 of the City 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 August I,2016,for the purpose of taking action
on the matter of the proposal to enter into a Development Agreement with KC Kettlestone,L.C.
and Ashworth Properties Development,Inc.
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
DEVELOPMENT AGREEMENT WITH KC KETTLESTONE,
L.C.AND ASHWORTH PROPERTIES DEVELOPMENT,INC.,
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 August I,2016,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 Development Agreement (the "Agreement")with KC
Kettlestone,L.C.(the "Developer")and Ashworth Properties Development,Inc.(the "Land
Developer").
The Agreement would obligate the Developer to construct certain Minimum
Improvements (as defined in the Agreement)on certain real property located within the Gateway
Urban Renewal Area as defined and legally described in the Development Agreement,consisting
of the construction of a 90,000 square foot,two story building to be used for office space,
together with all related site improvements,under the terms and following satisfaction of the
conditions set forth in the Agreement.Developer anticipates the Minimum Improvements will
be leased to a commercial business that will employ employees therein.
The Agreement would further obligate the City to make up to five (5)consecutive annual
payments of Economic Development Grants to Developer consisting of 100%of the Tax
Increments pursuant to the Iowa Code Section 403.19 and generated by the construction of the
Minimum Improvements;the cumulative total for all such payments is currently estimated to be
$1,740,000 but in no event will exceed the amount accrued under the formula outlined in the
proposed Development Agreement,under the terms and following satisfaction of the conditions
set forth in the Agreement.
The Agreement proposes that Land Developer will dedicate property to the City,at no
cost to the City,to be used as right-of-way for certain Public Improvements,as described in the
Agreement,to be constructed by the City in the Urban Renewal Area.
The Agreement further proposes that Land Developer will pay for the costs of the Public
Improvements not otherwise paid for by RISE grants.
The Agreement would further obligate the City to make up to five (5)additional
consecutive annual payments of Economic Development Grants to Developer consisting of
100%of the Tax Increments pursuant to the Iowa Code Section 403.19 and generated by the
construction of the Minimum Improvements,the cumulative total for all such payments not to
exceed the amount accrued under the formula outlined in the proposed Development Agreement
(currently estimated to be $1,740,000),under the terms and following satisfaction of the
conditions set forth in the Agreement.
The Agreement further proposes that Developer will contribute $25,000 from each
Economic Development Grant to offset the cost of the City constructing certain Public Amenities
in the Urban Renewal Area,as described in the Agreement.
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 with the
Developer and Land Developer.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 of the City Code of Iowa.
Dated this 18'"day of July,2016.
Rebecca D.Schuett
City Clerk,City of Waukee in the State of Iowa
(End of Notice)
PASSED AND APPROVED this 18'"day of July,2016.
ayor
ATTEST:
City Clerk
ROLL CALL VOTE
Anna Bergman
Brian Harrison
Shelly Hughes
Larry R.Lyon
Rick Peterson
AYE
X
X
X
X
NAY ABSENT ABSTAIN