HomeMy WebLinkAbout2018-01-02-Resolutions 18-008_Waukee Central Urban Renewal Plan Amendment 1 - Set PHRESOLUTION NO.18-008
RESOLUTION SETTING DATES OF A CONSULTATION
AND A PUBLIC HEARING ON A PROPOSED AMENDMENT
NO.I TO THE WAUKEE CENTRAL URBAN RENEWAL
PLAN IN THE CITY OF WAUKEE,STATE OF IOWA
WHEREAS,by Resolution No.17-484,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 Waukee Central Urban
Renewal Plan (the "Plan"or "Urban Renewal Plan")for the Waukee Central Urban Renewal
Area (the "Area"or "Urban Renewal Area")described therein,which Plan is on file in the office
of the Recorder of Dallas County;and
WHEREAS,this Urban Renewal Area currently includes and consists of:
ORIGINAL AREA
PARCEL 17-140 AS DESCRIBED WITHIN THE PLAT OF SURVEY
RECORDED IN BOOK 2016 PAGE 24530,DALLAS COUNTY,IOWA 50263
INCLUDES PARCEL ¹1232200005.
WHEREAS,City staff has caused there to be prepared a form of Amendment No.I to the
Plan ("Amendment No.I"or "Amendment"),a copy of which has been placed on file for public
inspection in the office of the City Clerk and which is incorporated herein by reference,the
purpose of which is to update the list of eligible projects to be included within the Area;and
WHEREAS,it is desirable that the area be redeveloped as part of the overall
redevelopment covered by the Plan,as amended;and
WHEREAS,this proposed Amendment No.I to the Urban Renewal Plan adds no new
land;and
WHEREAS,the Iowa statutes require the City Council to notify all affected taxing
entities of the consideration being given to the proposed Amendment No.I to the Waukee
Central Urban Renewal Plan and to hold a consultation with such taxing entities with respect
thereto,and further provides that the designated representative of each affected taxing entity may
attend the consultation and make written recommendations for modifications to the proposed
division of revenue included as a part thereof,to which the City shall submit written responses as
provided in Section 403.5,as amended;and
WHEREAS,the Iowa statutes further require the City Council to hold a public hearing on
the proposed Amendment No.I to the Waukee Cental Urban Renewal Plan subsequent to notice
thereof by publication in a newspaper having general circulation within the City,which notice
shall describe the time,date,place and purpose of the hearing,shall generally identify the urban
renewal area covered by the Amendment and shall outline the general scope of the urban renewal
project under consideration,with a copy of the notice also being mailed to each affected taxing
entity.
NOW THEREFORE,BE IT RESOLVED,BY THE CITY COUNCIL OF THE CITY
OF WAUKEE,STATE OF IOWA:
Section 1.That the consultation on the proposed Amendment No.I to the Waukee
Central Urban Renewal Plan required by Section 403.5(2)of the Code of Iowa,as amended,
shall be held on January 9,2018,in the Council Chambers,City Hall,230 West Hickman Road,
Waukee,Iowa,at 2:00 P.M.,and the Development Services Director,or his delegate,is hereby
appointed to serve as the designated representative of the City for purposes of conducting the
consultation,receiving any recommendations that may be made with respect thereto and
responding to the same in accordance with Section 403.5(2).
Section 2.That the City Clerk is authorized and directed to cause a notice of such
consultation to be sent by regular mail to all affected taxing entities,as defined in Section
403.17(I),along with a copy of this Resolution and the proposed Amendment No.I to the
Waukee Central Urban Renewal Plan,the notice to be in substantially the following form:
NOTICE OF A CONSULTATION TO BE HELD BETWEEN
THE CITY OF WAUKEE,STATE OF IOWA AND ALL
AFFECTED TAXING ENTITIES CONCERNING THE
PROPOSED AMENDMENT NO.I TO THE WAUKEE
CENTRAL URBAN RENEWAL PLAN FOR THE CITY OF
WAUKEE,STATE OF IOWA
The City of Waukee,State of Iowa will hold a consultation with all affected taxing
entities,as defined in Section 403.17(1)of the Code of Iowa,as amended,commencing at 2:00
P.M.on January 9,2018,in the Council Chambers,City Hall,230 West Hickman Road,
Waukee,Iowa concerning a proposed Amendment No.I to the Waukee Central Urban Renewal
Plan,a copy of which is attached hereto.
Each affected taxing entity may appoint a representative to attend the consultation.The
consultation may include a discussion of the estimated growth in valuation of taxable property
included in the proposed Urban Renewal Area,the fiscal impact of the division of revenue on the
affected taxing entities,the estimated impact on the provision of services by each of the affected
taxing entities in the proposed Urban Renewal Area,and the duration of any bond issuance
included in the Amendment.
The designated representative of any affected taxing entity may make written
recommendations for modifications to the proposed division of revenue no later than seven days
following the date of the consultation.The Development Services Director,or his delegate,as
the designated representative of the City of Waukee,State of Iowa,shall submit a written
response to the affected taxing entity,no later than seven days prior to the public hearing on the
proposed Amendment No.I to the Waukee Central Urban Renewal Plan,addressing any
recommendations made by that entity for modification to the proposed division of revenue.
This notice is given by order of the City Council of the City of Waukee,State of Iowa,as
provided by Section 403.5 of the Code of Iowa,as amended.
Dated this 2"day of January,2018.
Rebecca D.Schuett
City Clerk,City of Waukee,State of Iowa
(End of Notice)
Section 3.That a public hearing shall be held on the proposed Amendment No.I to the
Waukee Central Urban Renewal Plan before the City Council at its meeting which commences at
5:30 P.M.on February 5,2018,in the Council Chambers,City Hall,230 West Hickman Road,
Waukee,Iowa.
Section 4.That the City Clerk is authorized and directed to publish notice of this public
hearing in the Dallas Count News,once on a date not less than four (4)nor more than twenty
(20)days before the date of the public hearing,and to mail a copy of the notice by ordinary mail
to each affected taxing entity,such notice in each case to be in substantially the following form:
(One publication required)
NOTICE OF PUBLIC HEARING TO CONSIDER APPROVAL
OF A PROPOSED AMENDMENT NO.I TO THE WAUKEE
CENTRAL URBAN RENEWAL PLAN FOR AN URBAN
RENEWAL AREA IN THE CITY OF WAUKEE,STATE OF
IOWA
The City Council of the City of Waukee,State of Iowa,will hold a public hearing before
itself at its meeting which commences at 5:30 P.M.on February 5,2018 in the Council
Chambers,City Hall,230 West Hickman Road,Waukee,Iowa,to consider adoption of a
proposed Amendment No.I to the Waukee Central Urban Renewal Plan (the "Amendment")
concerning an Urban Renewal Area in the City of Waukee,State of Iowa,legally 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 ¹1232200005.
A copy of the Amendment is on file for public inspection in the office of the City Clerk,
City Hall,City of Waukee,Iowa.
The City of Waukee,State of Iowa is the local public agency which,if such Amendment
is approved,shall undertake the urban renewal activities described in such Amendment.
The general scope of the urban renewal activities under consideration in the Amendment
is to promote the growth and retention of qualified industries and businesses in the Urban
Renewal Area through various public purpose and special financing activities outlined in the
Amendment.To accomplish the objectives of the Amendment,and to encourage the further
economic development of the Urban Renewal Area,the Amendment provides that such special
financing activities may include,but not be limited to,the making of loans or grants of public
funds to private entities under Chapter 15A of the Code of Iowa.The City also may reimburse
or directly undertake the installation,construction and reconstruction of substantial public
improvements,including,but not limited to,street,water,sanitary sewer,storm sewer or other
public improvements.The Amendment provides that the City may issue bonds or use available
funds for purposes allowed by the Plan,as amended,and that tax increment reimbursement of
the costs of urban renewal projects may be sought if and to the extent incurred by the City.The
Amendment initially proposes no specific public infrastructure or site improvements to be
undertaken by the City,and provides that the Amendment may be amended from time to time.
The proposed Amendment No.I would update the list of eligible projects to be included
within the Area.The proposed Amendment adds no new land.Other provisions of the Plan not
affected by the Amendment would remain in full force and effect.
Any person or organization desiring to be heard shall be afforded an opportunity to be
heard at such hearing.
This notice is given by order of the City Council of the City of Waukee,State of Iowa,as
provided by Section 403.5 of the Code of Iowa.
Dated this 2"day of January,2018.
Rebecca D.Schuett
City Clerk,City of Waukee,State of Iowa
(End of Notice)
Section 5.That the proposed Amendment No.1 to the Waukee Central Urban Renewal
Plan,attached hereto as Exhibit 1,for the proposed Urban Renewal Area described therein is
hereby officially declared to be the proposed Amendment No.1 to the Waukee Central Urban
Renewal Plan referred to in the notices for purposes of such consultation and hearing and that a
copy of the Amendment shall be placed on file in the office of the City Clerk.
PASSED AND APPROVED this 2"day of January,2018.
or
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
AMENDMENT NO.1
to the
WAUKEE CENTRAL URBAN RENEWAL PLAN
for the
WAUKEE CENTRAL
URBAN RENEWAL AREA
WAUKEE,IOWA
Original Plan -October 2017
Amendment No.1 —February 2018
TABLE OF CONTENTS
PAGE
I.Introduction
IV.
V.
Update to Previously Approved Urban Renewal Project
Updated Financial Data
Development Plan
Severability Clause
Final
AMENDMENT NO.I
to
WAUKEE CENTRAL
URBAN RENEWAL PLAN
CITY OF WAUKEE,IOWA
INTRODUCTION
The Waukee Central Urban Renewal Plan ("Plan"or "Urban Renewal Plan")for
the Waukee Central Urban Renewal Area ("Area"or "Urban Renewal Area")was
originally adopted in 2017 and is being amended by this Amendment No.I to
update the list of eligible projects.This Amendment adds no new land to the
Area.
Except as modified by this Amendment,the provisions of the original Waukee
Central Urban Renewal Plan is hereby ratified,confirmed,and approved and shall
remain in full force and effect as provided herein.In case of any conflict or
uncertainty,the terms of this Amendment shall control.Any subsections in the
original Plan not mentioned in this Amendment shall continue to apply to the
Plan,as amended.
II.UPDATE TO PREVIOUSLY APPROVED URBAN RENEWAL PROJECT
One of the projects identified in the original Plan involved a Development
Agreement (the "Agreement")with The Rose Companies (the "Developer")and
Decry,Decry k.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.After further
discussions surrounding the anticipated costs related to the Public Improvements,
the obligation for the City under the proposed Development Agreement has been
adjusted so that the Agreement would obligate the City to make seven (7)annual
payments (instead of five payments as set forth in the original Plan)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 $950,000 (instead of $910,000 as set forth in the original
Plan).
Final
III.UPDATED FINANCIAL DATA
Jul 1,2017,constitutional debt limit:
Current outstandin eneral obli ation debt:
Proposed amount of indebtedness to be incurred
(Amendment No.I):A specific amount of debt to
be incurred for the Updated Project described in
this Amendment has not yet been determined.
This document is for planning purposes.The
estimated project costs in this Amendment 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 Updated Project as
described above will be a roximatel:
$80,529,812
$61,424,472
$950,000
IV.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 the Urban
Renewal Plan,as amended,including the Updated Project descried above,are in
conformity with the City's Comprehensive Plan.
The Urban Renewal Area is currently zoned commercial.The Urban Renewal
Plan,as amended,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.
Final
V.SEVERABILITY CLAUSE
If any part of the Amendment is determined to be invalid or unconstitutional,such
invalidity or unconstitutionality shall not affect the validity of the previously
adopted Plan as a whole,or any part of the Plan or this Amendment not determined
to be invalid or unconstitutional.
01435664-&1938-150
Final