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Home My WebLink About2017-10-16-Resolutions 17-494_117 Land Company - RJ Lawn Service Inc - Development Agr - Set PHRESOLUTION NO.17-494 RESOLUTION FIXING DATE FOR A PUBLIC HEARING ON THE PROPOSAL TO ENTER INTO A DEVELOPMENT AGREEMENT WITH 117 LAND COMPANY,LLC AND RJ LAWN SERVICE,INC.,AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS,by Resolution No.17-483,adopted October 16,2017,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 Southwest Business Park Urban Renewal Plan (the "Plan")for the Southwest Business Park 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 117 Land Company,LLC (the "Developer")and RJ Lawn Services,Inc,(the "Employer"),in the form of a proposed Development Agreement (the "Agreement")by and among the City,Developer,and Employer pursuant to which Developer and Employer will develop certain property in the Area as defined in the Agreement (the "Development Property");and WHEREAS,the Developer will transfer to McCarthy Brothers,LLC a portion of the Development Property (as defined in the Agreement),which property will then be leased by McCarthy Brothers,LLC to Employer (the "Employer Parcel");and WHEREAS,the Employer will construct certain Minimum Improvements on the Employer Parcel as defined and legally described in the Agreement;and consisting of the construction of a 4,960 square foot first floor office with a 4,300 square foot storage basement, along with a 10,560 square foot separate warehouse building,together with all related site improvements,as outlined in the proposed Development Agreement;and WHEREAS,the Agreement contemplates the Developer will construct Public Improvements described therein on the Development Property to prepare the Development Property for further development;and WHEREAS,the Agreement further proposes that the City will make up to two (2) consecutive annual payments of Economic Development Grants to Employer consisting of 100 lo of the Tax Increments derived from the Employer Parcel pursuant to Iowa Code Section 403.19, as well as up to eight (8)consecutive annual payments of Economic Development Grants to Developer consisting of 100'lo of the Tax Increments derived from the Employer Parcel,all such Grants generated by the construction of the Minimum Improvements,under the terms and following satisfaction of the conditions set forth in the Agreement;and WHEREAS,the Agreement also proposes that the City will make up to five (5) consecutive anmial payments of Economic Development Grants to Developer consisting of 100'lo of the Tax Increments pursuant to Iowa Code Section 403.19,derived from those other parcels of the Development Property that are developed,the cumulative total for all payments to Developer not to exceed the lesser of $1,150,000,or the aggregate amount of the costs of the Public Improvements,under the terms and following satisfaction of the conditions set forth in the Agreement;and WHEREAS,one of the obligations of the Employer relates to employment retention and/or creation;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 cany 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 November 6,2017,for the purpose of taking action on the matter of the proposal to enter into a Development Agreement with 117 Land Company,LLC and RJ Lawn Service,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 117 LAND COMPANY, LLC AND RJ LAWN SERVICE,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 November 6,2017,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 117 Land Company,LLC (the "Developer")and RJ Lawn Service,Inc.(the "Employer"). The Agreement would obligate the Employer to construct certain Minimum Improvements (as defined in the Agreement)on the Employer Parcel as defined and legally described in the Agreement;and consisting of the construction of a 4,960 square foot first floor office with a 4,300 square foot storage basement,along with a 10,560 square foot separate warehouse building,together with all related site improvements,as outlined in the proposed Development Agreement. The Agreement would obligate the Developer to construct Public Improvements described therein on the Development Property to prepare the Development Property for further development. The Agreement would further obligate the City to make up to two (2)consecutive annual payments of Economic Development Grants to Employer consisting of 100'ro of the Tax Increments derived from the Employer Parcel pursuant to Iowa Code Section 403.19,as well as up to eight (8)consecutive annual payments of Economic Development Grants to Developer consisting of 100'/0 of the Tax Increments derived from the Employer Parcel,all such Grants generated by the construction of the Minimum Improvements,under the terms and following satisfaction of the conditions set forth in the Agreement. The Agreement also proposes that the City will make up to five (5)consecutive annual payments of Economic Development Grants to Developer consisting of 100'/0 of the Tax Increments pursuant to Iowa Code Section 403.19,derived from those other parcels of the Development Property that are developed,the cumulative total for all payments to Developer not to exceed the lesser of $1,150,000,or the aggregate amount of the costs of the Public Improvements,under the terms and following satisfaction of the conditions set forth 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.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 16'"day of October,2017. Rebecca D.Schuett City Clerk,City of Waukee in the State of Iowa (End of Notice) PASSED AND APPROVED this 16'"day of October,2017. or 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