HomeMy WebLinkAbout2018-02-05-Resolutions 18-039_Waukee Central Urban Renewal Plan Amendment 1RESOLUTION NO.18-039
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 AMENDMENT NO.I TO THE WAUKEE
CENTRAL URBAN RENEWAL PLAN
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,a proposed Amendment No.I to the Waukee Central Urban Renewal Plan
("Amendment No.I"or "Amendment")for the Waukee Central Urban Renewal Area described
above has been prepared,which proposed Amendment has been on file 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,this proposed Amendment No.I to the Urban Renewal Area adds no new
land;and
WHEREAS,it is desirable that the Area be redeveloped as part of the activities described
within the proposed Amendment No.I to the Waukee Central Urban Renewal Plan;and
WHEREAS,by resolution adopted on January 2,2018,this Council directed that a
consultation be held with the designated representatives of all affected taxing entities to discuss
the proposed Amendment No.I to the Waukee Central Urban Renewal Plan and the division of
revenue described therein,and that notice of the consultation and a copy of the proposed
Amendment No.I to the Waukee Central Urban Renewal Plan 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 Amendment No.I to the 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 Amendment No.I to the 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 Amendment No.I
concerning the area of the City of Waukee,State of Iowa,described in the preamble hereof,be
and the same are hereby ratified and confirmed in all respects 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 Plan,as amended,and Amendment No.I to the Waukee Central Urban
Renewal Plan conform to the general plan for the development of the City as a whole;
aild
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 of blight 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,as amended,continues to be 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 Amendment No.I to the Waukee Central Urban Renewal Plan of the
City of Waukee,State of Iowa,attached hereto as Exhibit I and incorporated herein by reference,
be and the same is hereby approved and adopted as "Amendment No.I to the Waukee Central
Urban Renewal Plan for the City of Waukee,State of Iowa";Amendment No.I to the Waukee
Central Urban Renewal Plan of the City of Waukee,State of Iowa,is hereby in all respects
approved;and the City Clerk is hereby directed to file a certified copy of Amendment No.I with
the proceedings of this meeting.
Section 5.That,notwithstanding any resolution,ordinance,plan,amendment or any other
document,Amendment No.I to the 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.The
proposed Amendment No.I to the 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.
Section 6.That all other provisions of the Plan not affected or otherwise revised by the
terms of Amendment No.1,as well as all resolutions previously adopted by this City Council
related to the Plan be and the same are hereby ratified,confirmed and approved in all respects.
PASSED AND APPROVED this 5 day of February,201g
M r
ATTEST:
City Clerk
ROLL CALL VOTE
Anna Bergman
R.Charles Bottenberg
Courtney Clarke
Shelly Hughes
Larry R.Lyon
AYE
X
X
NAY ABSENT ABSTAIN
X
Label the Atnendtnent as Exhibit I with all exhibits and attach it to this Resolution.
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.
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.1 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 &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.
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Final