HomeMy WebLinkAbout2018-01-02-Resolutions 18-009_Deery Deery Deery - Fred Rose LC - Development Agr - Set PHRESOLUTION NO.18-009
RESOLUTION FIXING DATE FOR A PUBLIC HEARING ON
THE PROPOSAL TO ENTER INTO A DEVELOPMENT
AGREEMENT WITH DEERY,DEERY 2 DEERY,LLC AND
FRED ROSE,L.C.,AND PROVIDING FOR PUBLICATION OF
NOTICE THEREOF
WHEREAS,by Resolution No.17-484,adopted October 16,2017,and amended in 2018,
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
Waukee Central Urban Renewal Plan (the "Urban Renewal Plan"or "Plan")for the Waukee
Central Urban Renewal Area (the "Urban Renewal Area"or "Area")described therein,which
Plan,as amended,is or will be 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 Decry,Decry &Decry,LLC (the
"Retailer")and Fred Rose,L.C.(the "Developer"),in the form of a proposed Development
Agreement (the "Agreement")by and among the City,the Retailer,and the Developer,pursuant
to which,among other things,the Developer would agree to construct certain Minimum
Improvements and Public Improvements (as those terms are defined in the Agreement)on
certain real property located within the Waukee Central Urban Renewal Area as defined and
legally described in the Agreement and consisting of the construction of an approximately
38,975 square foot building to be used as a car dealership on the Development Property,together
with all related site improvements,and the construction of a street to be dedicated to the City,as
outlined in the proposed Development Agreement;and
WHEREAS,the Agreement further proposes that the City will make up to seven (7)
consecutive annual payments of Economic Development Grants to Retailer consisting of 100'ro
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
lesser of $950,000,the costs of the Public Improvements,or 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,one of the obligations of the Retailer 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 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 February 5,2018,for the purpose of taking
action on the matter of the proposal to enter into a Development Agreement with Decry,Decry
&Decry,LLC and Fred Rose,L.C.
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 DEERY,DEERY &
DEERY,LLC AND FRED ROSE,L.C.,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 February 5,2018,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
Decry,Decry &Decry,LLC (the "Retailer")and Fred Rose,L.C.(the "Developer").
The Agreement would obligate the Developer to construct certain Minimum
Improvements and Public Improvements (as those terms are defined in the Agreement)on
certain real property located within the Waukee Central Urban Renewal Area as defined and
legally described in the Development Agreement,consisting of the construction of an
approximately 38,975 square foot building to be used as a car dealership on the Development
Property,together with all related site improvements,and the construction of a street to be
dedicated to the City,under the terms and following satisfaction of the conditions set forth in the
Agreement.One of the obligations of Retailer relates to employment retention and/or creation.
The Agreement would further obligate the City to make up to seven (7)consecutive
annual payments of Economic Development Grants to Retailer consisting of 100 lo 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 lesser of
$950,000,the cost of the Public Improvements,or 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.
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 the Retailer.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 2""day of January,2018.
Rebecca D.Schuett
City Clerk,City of Waukee in the State of Iowa
(End of Notice)
PASSED AND APPROVED this 2"day of January,2018.
ATTEST;
City Clerk
RESULTS OF VOTE:
Anna Bergman
R.Charles Bottenberg
Courtney Clarke
Shelly Hughes
Larry R.Lyon
AYE
X
X
X
X
X
NAY ABSENT ABSTAIN