HomeMy WebLinkAbout2017-10-16-Resolutions 17-484_Waukee Central Urban Renewal PlanRESOLUTION NO.17-484
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 WAUKEE CENTRAL URBAN RENEWAL
PLAN
WHEREAS,this Council has reasonable cause to believe that the area described below
satisfies the eligibility criteria for designation as an urban renewal area under Iowa law;and
WHEREAS,a proposed Waukee Central Urban Renewal Plan ("Plan"or "Urban
Renewal Plan")for the Waukee Central Urban Renewal Area ("Area"or "Urban Renewal Area")
described below has been prepared,which proposed Plan has been on file in the office of the
City Clerk and which is incorporated herein by reference;and
of:
WHEREAS,this proposed Waukee Central Urban Renewal Area includes and consists
PARCEL 17-140 AS DESCRIBED WITHIN THE PLAT OF SURVEY
RECORDED IN BOOK 2016 PAGE 24530,DALLAS COUNTY,IOWA 50263
INCLUDES PARCEL 41232200005
WHEREAS,the proposed Waukee Central Urban Renewal Area includes land classified
as agricultural land and consequently written permission of the current owners has been
obtained;and
WHEREAS,it is desirable that the Urban Renewal Area be redeveloped as described in
the proposed Waukee Central Urban Renewal Plan to be known hereafter as the "Waukee
Central Urban Renewal Plan";and
WHEREAS,the Iowa statutes require the City Council to submit the proposed Waukee
Central Urban Renewal Plan to the Planning and Zoning Commission for renew and
recommendation as to its conformity with the general plan for development of the City as a
whole,prior to City Council approval thereof;and
WHEREAS,creation of the Waukee Central Urban Renewal Area and adoption of the
Waukee Central Urban Renewal Plan therefore has been approved by the Planning and Zoning
Commission for the City as being in conformity with the general plan for development of the
City as a whole,as evidenced by its written report and recommendation filed herewith,which
report and recommendation is hereby accepted,approved in all respects and incorporated herein
by this reference;and
WHEREAS,by resolution adopted on September 18,2017,this Council directed that a
consultation be held with the designated representatives of all affected taxing entities to discuss
the proposed Waukee Central Urban Renewal Plan and the division of revenue described therein,
and that notice of the consultation and a copy of the proposed Waukee Central Urban Renewal A
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 Development Services
Director,or his 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 Waukee Central Urban Renewal Plan 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 Count 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 Waukee Central Urban Renewal Plan,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 proposed
"Waukee Central Urban Renewal Plan"for the area of the City of Waukee,State of Iowa,legally
described and depicted in the Plan and incorporated herein by reference (which area shall
hereinafter be known as the "Waukee Central Urban Renewal Area"),be and the same are hereby
adopted and approved 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 Waukee Central Urban Renewal Area into
decent,safe and sanitary dwelling accommodations within their means and without undue
hardship to such families;
b)The Urban Renewal Plan conforms 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 Waukee Central 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 ofblight 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 Waukee Central Urban Renewal Area is an economic development
area within the meaning of Iowa Code Chapter 403;that such area is eligible for designation as
an urban renewal area and otherwise meets all requisites under the provisions of Chapter 403 of
the 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 the Waukee Central Urban Renewal Plan,attached hereto as Exhibit I
and incorporated herein by reference,be and the same is hereby approved and adopted as the
"Waukee Central Urban Renewal Plan for the Waukee Central Urban Renewal Area";the
Waukee Central Urban Renewal Plan for such area is hereby in all respects approved;and the
City Clerk is hereby directed to file a certified copy of the Waukee Central Urban Renewal Plan
with the proceedings of this meeting.
Section 5.That,notwithstanding any resolution,ordinance,plan,amendment or any other
document,the original Waukee Central Urban Renewal Plan shall be in full force and effect from
the date of this Resolution until the Council amends or repeals the Plan.Said Waukee Central
Urban Renewal Plan 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.
PASSED AND APPROVED this 16'day of October,2017.
ayor
ATTEST:
City Clerk
ROLL CALL VOTE
Anna Bergman
R.Charles Bottenberg
Brian Harrison
Shelly Hughes
Larry R.Lyon
AYE
X
X
X
X
NAY ABSENT ABSTAIN
Label the Plan as Exhibit I with all exhibits and attach it to this Resolution.
WAUKEE CENTRAL URBAN RENEWAL
PLAN
for the
WAUKEE CENTRAL
URBAN RENEWAL AREA
WAUKEE,IOWA
October 2017
TABLE OF CONTENTS
SECTION
A.INTRODUCTION
B.DESCRIPTION OF THE URBAN RENEWAL AREA
C.AREA DESIGNATION
D.BASE VALUE
E.DEVELOPMENT PLAN
F.PLAN OBJECTIVES
G.TYPE OF RENEWAL ACTIVITIES
H.PROPOSED PROJECTS
I.FINANCIAL DATA
J.AGREEMENT TO INCLUDE AGRICULTURAL LAND
K.URBAN RENEWAL FINANCING
L.PROPERTY ACQUISITION/DISPOSITION
M.RELOCATION
N.STATE AND LOCAL REQUIREMENTS
O.URBAN RENEWAL PLAN AMENDMENTS
P.EFFECTIVE PERIOD
Q.SEVERABILITY
EXHIBITS
A.LEGAL DESCRIPTION OF AREA
B.URBAN RENEWAL AREA MAP
C.AGREEMENT TO INCLUDE AGRICULTURAL LAND
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Urban Renewal Plan
Waukee Central Urban Renewal Area
City of Waukee,Iowa
A.INTRODUCTION
This Waukee Central Urban Renewal Plan ("Plan"or "Urban Renewal Plan")has
been developed to help local officials promote economic development in the City
of Waukee.The primary goal of the Plan is to stimulate,through public
involvement and commitment,private investment in new commercial and light
industrial development.
In order to achieve this objective,Waukee (the "City")intends to undertake Urban
Renewal activities pursuant to the powers granted to it under Chapter 403 and
Chapter 15A of the Code of Iowa,as amended.
B.DESCRIPTION OF THE URBAN RENEWAL AREA
The Waukee Central Urban Renewal Area ("Area"or "Urban Renewal Area")is
described in Exhibit A and illustrated in Exhibit B.
The City reserves the right to modify the boundaries of the Area at some future
date.
C.AREA DESIGNATION
With the adoption of this Plan,the City of Waukee designates this Waukee Central
Urban Renewal Area as an economic development district that is appropriate for
the promotion of new commercial and light industrial development.
D.BASE VALUE
If the Waukee Central Urban Renewal Area is legally established,a Tax Increment
Financing (TIF)Ordinance is adopted and debt is certified prior to December I,
2017,the taxable valuation within the area included in the TIF Ordinance as of
January 1,2016 will be considered the frozen "base value."If debt is not certified
until a later date or if a TIF ordinance is not adopted until later,the "base value"
will be the assessed value of the taxable property within the TIF Ordinance area as
of January I of the calendar year preceding the calendar year in which the City first
certifies the amount of any debt on the Area.
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E.DEVELOPMENT PLAN
Waukee has a general plan for the physical development of the City as a whole
outlined in the Waukee Com rehensive Plan adopted by the City on March 10,
2008,and last amended in September 2017.The goals and objectives of this
Urban Renewal Plan,including the urban renewal projects,are in conformity with
the City's Comprehensive Plan.
The Urban Renewal Area is currently zoned commercial.This Urban Renewal
Plan does not in any way replace or modify the City's current land use planning or
zoning regulation process.
The need for improved traffic,public transportation,public utilities,recreational
and community facilities,or other public improvements within the Urban Renewal
Area is set forth in this Plan,as amended.As the Area develops,the need for
public infrastructure extensions and upgrades will be evaluated and planned for by
the City.
F.PLAN OBJECTIVES
Renewal activities are designed to provide opportunities,incentives,and sites for
new commercial and light industrial development within the district.More
specific objectives for development within the Waukee Central Urban Renewal
Area are as follows:
1.To achieve a diversified,well-balanced economy providing a
desirable standard of living,creating job opportunities,and
strengthening the tax base.
2.To plan for and provide sufficient land for commercial and industrial
development in a manner that is efficient from the standpoint of
providing municipal services.
To provide for the installation of public works and facilities
including,but not limited to,water,sanitary sewer and other public
improvements,which contribute to the revitalization of the area and
to the sound development of the entire City.
4.To encourage commercial and industrial growth and expansion
through governmental policies which make it economically feasible
to do business.
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5.To provide a more marketable and attractive investment climate
through the use of various federal,state and local incentives.
6.To stimulate,through public action and commitment,private
investment in new and existing commercial and/or industrial
development.
7.To improve the conditions and opportunities for economic
development,both commercial and industrial.
8.To help develop a sound economic base that will serve as the
foundation for future growth and development.
9.To improve recreational,tourism,cultural,and educational
opportunities.
10.To enhance the Waukee community by fostering an entrepreneurial
climate,diversifying the local economy,encouraging opportunities
for new businesses,and supporting retention of existing businesses.
G.TYPE OF RENEWAL ACTIVITIES
To meet the objectives of this Urban Renewal Plan and to encourage the
development of the Area,the City intends to utilize the powers conferred under
Chapter 403 and Chapter ISA,Code of Iowa including,but not limited to,tax
increment financing.Activities may include:
1.New,rehabilitated,converted,or expanded industrial uses within the
Area.
2.New,rehabilitated,converted,or expanded commercial uses within the
Area.
General development activities by the City in the Waukee Central Urban Renewal
Area may include:
1.To undertake and carry out urban renewal projects through the
execution of contracts and other instruments.
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2.To arrange for or cause to be provided the construction or repair of
public infrastructure,including but not limited to streets,storm water
drainage,sanitary sewer,water,sidewalks,street lights,parks and open
spaces,recreational trails or facilities,landscaping,public utilities or
other related facilities in connection with urban renewal projects.
3.To provide for the construction of specific site improvements such as
grading and site preparation activities,access roads and parking,
fencing,utility connections,and related activities.
4.To make loans,forgivable loans,tax rebate payments or other types of
economic development grants or incentives to private persons or
businesses for economic development purposes on such terms as may
be determined by the City Council.
5.To use tax increment financing to facilitate urban renewal projects,
including but not limited to,actions to achieve a more marketable and
competitive land offering price and to provide for necessary physical
improvements and infrastructure.
6.To borrow money and to provide security therefor.
7.To make or have made surveys and plans necessary for the
implementation of the Urban Renewal Program or specific urban
renewal projects.
8.To acquire property through a variety of means (purchase,lease,option,
etc.)and to hold,clear,or prepare the property for redevelopment.
9.To dispose of property so acquired.
10.To use any or all other powers granted by the Urban Renewal Act to
develop and provide for improved economic conditions for the City of
Waukee and the State of Iowa.
Nothing herein shall be construed as a limitation on the power of the City to
exercise any lawful power granted to the City under Chapter 15,Chapter 15A,
Chapter 403,Chapter 427B,or any other provision of the Code of Iowa in
furtherance of the objectives of this Urban Renewal Plan.
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H.PROPOSED PROJECTS
Although certain project activities may occur over a period of years,the Proposed
Urban Renewal Projects under this Plan include:
1)Development Agreements:
(a)Agreement with The Rose Companies and Decry,Decry d'c Decry,
LLC.The City anticipates entering into a Development Agreement (the
"Agreement")with The Rose Companies (the "Developer")and Decry,Decry &
Decry,LLC (the "Employer"),The Agreement would obligate the Developer to
construct certain Public Improvements (as defined in the Agreement)on certain
property with the Area ("Development Property").The Agreement would further
obligate the Developer to complete Minimum Improvements (as defined in the
Agreement)on a portion of the Development Property,including construction of a
new 38,975 square foot building and associated paved lot to be used for a car
dealership with cost for construction estimated to be $6,500,000.00.The
Agreement would further obligate the Employer to employ employees at the
Minimum Improvements.The Agreement would obligate the City to make five (5)
annual payments of Economic Development Grants to Developer,each consisting
of 100%of the Tax Increments pursuant to the Iowa Code Section 403.19 and
generated by the construction of the Minimum Improvements,under the terms and
following satisfaction of the conditions set forth in the Agreement,up to a
cumulative total for all such payments to Developer not to exceed the lesser of the
cost of the Public Improvements or $910,000.
(b)Future Development Agreements:The City expects to consider
requests for Development Agreements for projects that are consistent with this
Plan,in the City's sole discretion.Such Agreements are unknown at this time,but
based on past history,and dependent on development opportunities and climate,
the City expects to consider incentives as authorized by this Plan,including but not
limited to land,loans,grants,rebates,public infrastructure assistance and other
incentives.The costs of such Development Agreements will not exceed
$2,500,000.
2)Related Planning Costs:
Planning,engineering fees for planning work,and legal fees to support
proposed urban renewal projects are estimated not to exceed $50,000.
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I.FINANCIAL DATA
Jul 1,2017,constitutional debt limit:
Current outstandin eneral obli ation debt:
Proposed amount of indebtedness to be incurred:
A specific amount of debt to be incurred for the
Proposed Urban Renewal Projects has not yet been
determined.This document is for planning
purposes.The estimated project costs in this Plan
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.It is further
expected that such indebtedness,including interest
on the same,may be financed in whole or in part
with tax increment revenues from the Urban
Renewal Area.Subject to the foregoing,it is
estimated that the cost of the Proposed Urban
Renewal Projects as described above will be
a roximately:
$80,529,812
$61,424,472
$3,460,000
J.AGREEMENT TO INCLUDE AGRICULTURAL LAND
Agricultural land owners affected by the Waukee Central Urban Renewal Area
have entered into an agreement in which they have agreed to allow the City to
include their real property defined as "Agricultural Land"in the Urban Renewal
Area in accordance with Iowa Code Section 403.17(3).A copy of the agreement
of each agricultural land owner within the Urban Renewal Area has signed is
attached as Exhibit C.The original signed agreements are on file at the City
Clerk's office.
K.URBAN RENEWAL FINANCING
The City of Waukee intends to utilize various financing tools such as those
described below to successfully undertake the proposed urban renewal actions.
The City of Waukee has the statutory authority to use a variety of tools to finance
physical improvements within the Area.These include:
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Tax Increment Financing
Under Section 403.19 of the Iowa Code,urban renewal areas may
utilize the tax increment financing mechanism to finance the costs of
public improvements or economic development incentives associated
with redevelopment projects.Upon creation of a tax increment
district within the Area,by ordinance,the assessment base is frozen
and the amount of tax revenue available from taxes paid on the
difference between the frozen base and the increased value,if any,is
segregated into a separate fund for the use by the City to pay costs of
the eligible urban renewal projects.The increased taxes generated
by any new development,above the base value,are distributed to the
taxing entities,if not requested by the City.
The City may also determine to use tax increment financing to
provide incentives such as cash grants,loans,tax rebates or other
incentives to developers in connection with urban renewal projects
for commercial or industrial development or other urban renewal
projects.In addition,the City may determine to issue general
obligation bonds,tax increment revenue bonds or such other
obligations,or loan agreements for the purpose of making loans or
grants of public funds to private businesses located in the Areas.
Alternatively,the City may determine to use available funds for
making such loans or grants for urban renewal projects.In any
event,the City may determine to use tax increment financing to
reimburse the City for any obligations or advances.
B.General Obligation Bonds
Under Division III of Chapter 384 and Chapter 403 of the Iowa
Code,the City has the authority to issue and sell general obligation
bonds for specified essential and general corporate purposes,
including the acquisition and construction of certain public
improvements within the Area or incentives for development
consistent with this Plan.Such bonds are payable from the levy of
unlimited ad valorem taxes on all the taxable property within the
City of Waukee.It may be the City will elect to abate some or all of
the debt service on these bonds with incremental taxes from this
Area.
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C.Other City Lawful Powers
Nothing herein shall be construed as a limitation on the power of the
City to exercise any lawful power granted to the City under Chapter
15,Chapter 15A,Chapter 403,Chapter 427B,or any other provision
of the Code of Iowa in furtherance of the objectives of this Urban
Renewal Plan.
L.PROPERTY AC UISITION/DISPOSITION
If property acquisition/disposition becomes necessary to accomplish the objectives
of the Plan,urban renewal powers will be carried out,without limitation,in
accordance with the State of Iowa Urban Renewal Law.
M.RELOCATION
The City does not expect there to be any relocation required of residents or
businesses as part of the Proposed Urban Renewal Projects;however,if any
relocation is necessary,the City will follow all applicable relocation requirements.
N.STATE AND LOCAL RE UIREMENTS
All provisions necessary to conform to state and local laws will be complied with
by the City and the developer in implementing this Urban Renewal Plan and its
supporting documents.
O.URBAN RENEWAL PLAN AMENDMENTS
This Urban Renewal Area Plan may be amended from time to time for a number of
reasons,including but not limited to,change in the Area,to add or change land use
controls and regulations,to modify goals or types of renewal activities,or to
amend property acquisition and disposition provisions.The City Council may
amend this Plan pursuant to appropriate procedures under Iowa Code Chapter 403.
P.EFFECTIVE PERIOD
This Urban Renewal Plan will become effective upon its adoption by the City
Council and will remain in effect as a Plan until it is repealed by the City Council.
With respect to the property included within the Waukee Central Urban Renewal
Area,which is also included in an ordinance which designates that property as a
tax increment area,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,is limited to
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twenty (20)years beginning with the first calendar year following the calendar
year in which the City first certifies to the County Auditor the amount of any loans,
advances,indebtedness,or bonds which qualify for payment from the incremental
property tax revenues attributable to that property within a TIF ordinance of the
Waukee Central Urban Renewal Area.The division of revenues shall continue on
the Urban Renewal Area for the maximum period allowed by law.
It is also anticipated that separate TIF ordinances for separate parcel(s)may be
adopted as development in the Area warrants.In this case,each separate TIF
ordinance may have a separate base and separate sunset or expiration date.
At all times,the use of tax increment financing revenues (including the amount of
loans,advances,indebtedness or bonds which qualify for payment from the
division of revenue provided in Section 403.19 of the Code of Iowa)by the City
for activities carried out under the Waukee Central Urban Renewal Area shall be
limited as deemed appropriate by the City Council and consistent with all
applicable provisions of law.
SEVERABILITY
If any part of the Plan is determined to be invalid or unconstitutional,such
invalidity or unconstitutionality shall not affect the validity of the Plan as a whole,
or any part of the Plan not determined to be invalid or unconstitutional.
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EXHIBIT A
LEGAL DESCRIPTION OF AREA
The Waukee Central Urban Renewal Area is described as follows:
PARCEL 17-140 AS DESCRIBED WITHIN THE PLAT OF SURVEY RECORDED IN
BOOK 2016 PAGE 24530,DALLAS COUNTY,IOWA 50263
INCLUDES PARCEL II 1232200005
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EXHIBIT B
MAP OF WAUKEE CENTRAL URBAN RENEWAL AREA
HIGHWAY 6
Legend N~llliaukee Cental URA
ee
I
elZ
I
ES
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EXHIBIT C
AGREEMENT TO INCLUDE AGRICULTURAL LAND
IN THE WAUKEE CENTRAL URBAN RENEWAL AREA
WHEREAS,the City of Waukee,lowe,(the "City")has proposed the Waukee Central
Urban Renewal Plan ("Plan")for the Waukee Central Urban Renewal Area (the "Urban
Renewal Area"),pursuant to Chapter 403 of the Code of lowe,in order to undertake activities
authorized by that Chapter,and
WHEREAS,it has been proposed that the boundaries of the Area will include certain
property designated in the Waukee Central Urban Renewal Plan ("Property");and
WHEREAS,Section 403.17(10)of the Code of Iowa pmvides that no property may be
included in an urban renewal area which meets the definition in that Section of "agricultural
land,"until the owners of such property agree to include such property in such urban renewal
area;arid
WHEREAS,it has been determined that the portion of the Property owned by the
Agricultural Land Owner below meets the definition of "agricultural land"in Section 403.17(3)
of the Code of Iowa;
NOW,THEREFORE,it is hereby certified and agreed by the Agricultural Land Owner
as follows:
1.The Agricultural Land Owner hereby certifies that he/she is the owner of certain
Property within the proposed Urban Renewal Area and agrees that the City of Waukee,Iowa,
may include such Property within the Urban Renewal Area.
2.The Agricultural Land Owner further authorizes the governing body of the City of
Waukee,Iowa,to pass any resolution or ordinance necessary to designate said Property as part
of the Urban Renewal Area under Chapter 403 of the Code of Iowa,and to proceed with
activities authorized under said Chapter.
DATED Ef A 2 2 2222.
Y RY EERY LLC Agricultural
nd Owner'
ignature:
Witness
Approved by the aukee City ounci1 on the day of ,2017.
Attest:City Clerk
Mayor
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