HomeMy WebLinkAbout2018-09-17-Resolutions 18-380_Southwest Business Park Urban Renewal Plan Amendment 1 - Set PHRESOLUTION NO.18-380
RESOLUTION SETTING DATES OF A CONSULTATION
AND A PUBLIC HEARING ON A PROPOSED AMENDMENT
NO.I TO THE SOUTHWEST BUSINESS PARK URBAN
RENEWAL PLAN IN THE CITY OF WAUKEE,STATE OF
IOWA
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"or "Urban Renewal Plan")for the Southwest Business Park
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
DEED RECORDED IN BOOK 2017 PAGE 4888
LOT THREE (3)OF THE AUDITOR'S PLAT OF THAT PART OF THE
NORTHWEST QUARTER (NWI/4)OF THE NORTHWEST QUARTER
(NW1/4)OF SECTION 17 IN TOWNSHIP 78 NORTH,OF RANGE 26 WEST
OF THE 5TH P.M.,DALLAS COUNTY,IOWA,EXCEPT COMMENCING AT
THE NW CORNER OF SEC.17-T78N-R26W OF THE 5TH P.M.,DALLAS
COUNTY,IOWA,THENCE S 00'00'658.43 FEET ALONG THE SECTION
LINE TO THE POINT OF BEGINNING,THENCE CONTINUING S 00'00'
87.17 FEET,THENCE S 89'12'E 382.70 FEET,THENCE S 06'12'E 130.00
FEET,THENCE S 84'35'E 225.61 FEET,THENCE N 02'55'W 30.62 FEET,
THENCE N 73'50'E 338.22 FEET,THENCE N 02'55'W 128.79 FEET,
THENCE N 73'50'E 400.92 FEET TO THE CENTERLINE OF A COUNTY
ROAD,THENCE N 00'50'E 75.00 FEET ALONG SAID CENTERLINE,
THENCE S 73'50'W 423.54 FEET,THENCE N 02'55'W 568.48 FEET TO THE
SOUTH RIGHT OF WAY LINE OF INTERSTATE NO.80,THENCE N
85'04'W 315.13 FEET ALONG SAID RIGHT OF WAY LINE,THENCE S
02'55'E 676.50 FEET,THENCE N 89'50'W 609.02 FEET TO THE POINT OF
BEGINNING;
PARCEL "A"OF THE SURVEY OF ALL OF LOT 4 AND PART OF LOT 3
OF THE AUDITOR'S PLAT OF THE NW I/4 OF THE NW I/4 OF SECTION
17,TOWNSHIP 78 NORTH,RANGE 26 WEST OF THE 5TH P.M.,ALL
BEING IN AND FORMING A PART OF THE CITY OF WAUKEE,DALLAS
COUNTY,IOWA,AS SHOWN IN BOOK 2004,PAGE 5051,IN THE OFFICE
OF THE RECORDER OF DALLAS COUNTY.IOWA.
INCLUDES PARCEL ¹1617100001,1617100027
WHEREAS,City staffhas 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 add land to the Area and to add and/or confirm the list of proposed
projects to be undertaken within the Area;and
WHEREAS,the land proposed to be added to the Urban Renewal Area by the
Amendment includes land classified as agricultural land and written permission of the current
owners will be obtained;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 adds land,as follows:
THAT PART OF THE NORTH FRACTIONAL ONE-HALF (N I/2)OF THE
NORTHEAST QUARTER (NE I /4)OF SECTION EIGHTEEN (18),
TOWNSHIP SEVENTY-EIGHT (78)NORTH,RANGE TWENTY-SIX (26)
WEST OF THE 5TH P.M.,DALLAS COUNTY,IOWA LOCATED SOUTH OF
THE INTERSTATE 80 RIGHT OF WAY,EXCEPT PARCEL "A"OF THE
SURVEY OF THE FRACTIONAL NW I/4 NE I/4,SECTION 18-78-26,AS
SHOWN IN BOOK 748,PAGE 599,IN THE OFFICE OF THE RECORDER OF
DALLAS COUNTY,IOWA AND THE ADJOINING EAST HALF OF U LANE
RIGHT OF WAY.SUBJECT PROPERTY IS ALL LOCATED WITHIN THE
CITY LIMITS OF THE CITY OF WAUKEE (PARCEL ¹1618200002,
1618200007)
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 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 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 required by Section
403.5(2)of the Code of Iowa,as amended,shall be held on September 24,2018,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,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 SOUTHWEST
BUSINESS PARK 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 September 24,2018,in the Council Chambers,City Hall,230 West Hickman Road,
Waukee,Iowa concerning a proposed Amendment No.I to the Southwest Business Park 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 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 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.1 to the Southwest Business Park 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 17'"day of September,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.1 before
the City Council at its meeting which commences at 5:30 P.M.on October 15,2018,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
SOUTHWEST BUSINESS PARK 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 October 15,2018 in the Council
Chambers,City Hall,230 West Hickman Road,Waukee,Iowa,to consider adoption of a
proposed Amendment No.I to the Southwest Business Park Urban Renewal Plan (the
"Amendment")concerning an Urban Renewal Area in the City of Waukee,State of Iowa,which
Amendment adds the following property to the Urban Renewal Area:
THAT PART OF THE NORTH FRACTIONAL ONE-HALF (N I/2)OF THE
NORTHEAST QUARTER (NE I /4)OF SECTION EIGHTEEN (18),
TOWNSHIP SEVENTY-EIGHT (78)NORTH,RANGE TWENTY-SIX (26)
WEST OF THE 5TH P.M.,DALLAS COUNTY,IOWA LOCATED SOUTH OF
THE INTERSTATE 80 RIGHT OF WAY,EXCEPT PARCEL "A"OF THE
SURVEY OF THE FRACTIONAL NW I/4 NE I/4,SECTION 18-78-26,AS
SHOWN IN BOOK 748,PAGE 599,IN THE OFFICE OF THE RECORDER OF
DALLAS COUNTY,IOWA AND THE ADJOINING EAST HALF OF U LANE
RIGHT OF WAY.SUBJECT PROPERTY IS ALL LOCATED WITHIN THE
CITY LIMITS OF THE CITY OF WAUKEE (PARCEL ¹1618200002,
1618200007)
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 &om time to time.
The proposed Amendment No.1 would add land to the Area and to add and/or confirm
the list of proposed projects to be undertaken within the Area.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 17'"day of September,2018,
Rebecca D.Schuett
City Clerk,City of Waukee,State of Iowa
(End of Notice)
Section 5.That the proposed Amendment No.1,attached hereto as Exhibit 1,for the
Urban Renewal Area described therein is hereby officially declared to be the proposed
Amendment No.1 to the Southwest Business Park 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 17'"day of September,2018.
ATTEST:
City Clerk
RESULTS OF VOTE:
Anna Bergman
R.Charles Bottenberg
Courtney Clarke
Shelly Hughes
Larry R.Lyon
AYE
X
X
X
X
NAY ABSENT ABSTAIN
X
AMENDMENT ¹1
to the
SOUTHWEST BUSINESS PARK URBAN
RENEWAL PLAN
for the
SOUTHWEST BUSINESS PARK
URBAN RENEWAL AREA
WAUKEE,IOWA
Origina I P lan —2017
Amendment ¹1-2018
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.PREVIOUSLY AUTHORIZED URBAN RENEWAL PROJECTS
I.ELIGIBLE URBAN RENEWAL PROJECTS
J.FINANCIAL DATA
K.AGREEMENT TO INCLUDE AGRICULTURAL LAND
L.URBAN RENEWAL FINANCING
M.PROPERTY ACQUISITION/DISPOSITION
N.RELOCATION
O.STATE AND LOCAL REQUIREMENTS
P.URBAN RENEWAL PLAN AMENDMENTS
Q.EFFECTIVE PERIOD
R.REPEALER AND 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
Southwest Business Park Urban Renewal Area
City of Waukee,Iowa
A.INTRODUCTION
This Southwest Business Park 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.
The Urban Renewal Plan was adopted in 2017 and is being amended to add real
estate to the Area to the extent described hereinafter and to add and/or confirm the
list of proposed projects to be undertaken within the Area,as amended,by this
Amendment ¹I ("Amendment ¹I or "Amendment").
The Amendment ¹Irepeats much of the original plan adopted in 2017 for the
reader's convenience.The material changes by this Amendment ¹Iinclude the
following:
~The addition of the Amendment ¹I Subarea to the Area;
~Section FL Addition of the "Previously Authorized Urban
Renewal Projects"section to identify and/or update the projects
previously included in the Plan,page 8;
~Section I."Eligible Urban Renewal Projects"to identify the
projects being added to the Plan by this Amendment ¹I,page 8;
~Section J.Update to Financial Data,page 9;
~Section K.Update to Agricultural Land section,page 9;
~Exhibit A contains a legal description of the property being added
by this Amendment ¹I ("Amendment ¹I Subarea");
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~Exhibit B contains a map of the Southwest Business Park Urban
Renewal Area including the Amendment ¹1Subarea;and
~Exhibit C contains a signed Agricultural consent from each
owner of agricultural land included within the Amendment ¹1
Subarea.
Except as modified by this Amendment,the provisions of the original Southwest
Business Park Urban Renewal Plan are 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.
B.DESCRIPTION OF THK URBAN RENEWAL AREA
The legal description of the property being added to the Southwest Business Park
Urban Renewal Area by this Amendment (called "Amendment ¹1Subarea")is
attached hereto as Exhibit "A".A map of the Amendment ¹1Subarea and
including the entire Southwest Business Park Urban Renewal Area,is attached
hereto as 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 designated this Southwest
Business Park Urban Renewal Area as an economic development district that is
appropriate for the promotion of new commercial and light industrial development.
This designation continues in this Amendment and applies to the Amendment ¹1
Subarea.
D.BASK VALUE
This Amendment does not change any previously established base value in the
Urban Renewal Area.
Separate TIP ordinances for separate parcel(s)may be adopted as development in
the Area warrants.In that case,each separate TIF ordinance area may have a
separate base value and separate sunset or expiration date.
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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,as amended by this Amendment ¹1,including the urban renewal
projects described herein,are in conformity with the City's Comprehensive Plan.
The Urban Renewal Area,as amended,is currently zoned commercial and light
industrial.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 and this Amendment ¹l.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 Southwest Business Park 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.
5.To provide a more marketable and attractive investment climate
through the use of various federal,state and local incentives.
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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 15A,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 Southwest Business Park Urban
Renewal Area may include:
1.To undertake and carry out urban renewal projects through the
execution of contracts and other insnuments.
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.
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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.PREVIOUSLY AUTHORIZED URBAN RENEWAL PROJECTS
Urban renewal projects were authorized prior to this Amendment ¹I,and are
continuing.The projects include the following (updated where appropriate):
I)Development Agreements:
a.Agreement with 117 Land Company LLC and R/Landscaping.The
City entered into a Development Agreement (the "Agreement")with 117 Land
Company,LLC (the "Developer")and IU Landscaping (the "Employer").The
Agreement obligates the Developer to construct certain Public Improvements (as
defined in the Agreement)on certain property with the Area ("Development
Property").The Agreement further obligates the Employer to complete Minimum
Improvements (as defined in the Agreement)on a portion of the Development
Property,and to employ employees therein.The Agreement obligates the City to
make two (2)annual payments of Economic Development Grants to Employer and
eight (8)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.
The Agreement contemplates additional Economic Development Grants to
Developer as additional parcels of the Development Property develops,up to a
cumulative total for all such payments to Developer not to exceed the lesser of the
cost of the Public Improvements or $1,150,000.The cost of the Economic
Development Grants to Employer shall not exceed $150,000.
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.
I.ELIGIBLE URBAN RENEWAL PROJECTS
Although certain project activities may occur over a period of years,in addition to
projects previously authorized in the Plan,the eligible urban renewal projects
under this Amendment ¹1include:
I)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
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infrastructure assistance and other incentives.The costs of such Development
Agreements will not exceed $2,500,000.
J.FINANCIAL DATA
July 1,2018,constitutional debt limit:
Current outstanding general obligation debt:
Proposed amount of indebtedness to be incurred:
A specific amount of debt to be incurred for the
Eligible Urban Renewal Projects (Amendment ¹1)
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 Eligible Urban
Renewal Projects (Amendment ¹1)as described
above will be a proximatel:
$92,216,747
$71,573,137
$2,500,000
These totals do not
include financing
costs related to
debt issuance,
which may be
incurred over the
life of the Area.
K.AGREEMENT TO INCLUDE AGRICULTURAL LAND
Owners of agricultural land included in the Southwest Business Park 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 Original Subarea is attached
to the original Plan and the signed agreement of each agricultural land owner
within the Amendment ¹ISubarea is attached or will be attached to this
Amendment ¹1as Exhibit C.The original signed agreements are on file at the
City Clerk's office.
L.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.
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The City of Waukee has the statutory authority to use a variety of tools to finance
physical improvements within the Area.These include:
A.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.
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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-10-
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.
M.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.
N.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.
O.STATE AND LOCAL RK 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.
P.URBAN RENEWAL PLAN AMENDMENTS
This Urban Renewal 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.
EFFECTIVE PERIOD
This Amendment ¹Ito the Urban Renewal Plan will become effective upon its
adoption by the City Council.The Urban Renewal Plan,as amended,will remain
in effect as a Plan until it is repealed by the City Council.
With respect to the property included within the Southwest Business Park 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
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the "division of revenue,"as those words are used in Chapter 403 of the Code of
Iowa,is limited to 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 Southwest Business Park 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 Southwest Business Park Urban Renewal Area
shall be limited as deemed appropriate by the City Council and consistent with all
applicable provisions of law.
R.REPEALER AND SEVERABILITY
Any parts of the previous Plan in conflict with this Amendment are hereby
repealed.
If any part of this Amendment ¹Ior 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 or this Amendment not determined
to be invalid or unconstitutional.
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EXHIBIT A
LEGAL DESCRIPTION OF AREA
The Southwest Business Park Urban Renewal Area is described as follows:
DEED RECORDED IN BOOK 2017 PAGE 4888
LOT THREE (3)OF THE AUDITOR'S PLAT OF THAT PART OF THE
NORTHWEST QUARTER (NW I/4)OF THE NORTHWEST QUARTER (NW I/4)OF
SECTION 17 IN TOWNSHIP 78 NORTH,OF RANGE 26 WEST OF THE 5TH P.M.,
DALLAS COUNTY,IOWA,EXCEPT COMMENCING AT THE NW CORNER OF
SEC.17-T78N-R26W OF THE 5TH P.M.,DALLAS COUNTY,IOWA,THENCE S
00'00'658.43 FEET ALONG THE SECTION LINE TO THE POINT OF BEGINNING,
THENCE CONTINUING S 00'00'87.17 FEET,THENCE S 89'12'E 382.70 FEET,
THENCE S 06'12'E 130.00 FEET,THENCE S 84'35'E 225.61 FEET,THENCE N
02'55'W 30.62 FEET,THENCE N 73'50'E 338.22 FEET,THENCE N 02'55'W 128.79
FEET,THENCE N 73'50'E 400.92 FEET TO THE CENTERLINE OF A COUNTY
ROAD,THENCE N 00'50'E 75.00 FEET ALONG SAID CENTERLINE,THENCE S
73'50'W 423.54 FEET,THENCE N 02'55'W 568.48 FEET TO THE SOUTH RIGHT
OF WAY LINE OF INTERSTATE NO.80,THENCE N 85'04'W 315.13 FEET ALONG
SAID RIGHT OF WAY LINE,THENCE S 02'55'E 676.50 FEET,THENCE N 89'50'W
609.02 FEET TO THE POINT OF BEGINNING;
PARCEL "A"OF THE SURVEY OF ALL OF LOT 4 AND PART OF LOT 3 OF THE
AUDITOR'S PLAT OF THE NW I/4 OF THE NW I/4 OF SECTION 17,TOWNSHIP
78 NORTH,RANGE 26 WEST OF THE 5TH P.M.,ALL BEING IN AND FORMING
A PART OF THE CITY OF WAUKEE,DALLAS COUNTY,IOWA,AS SHOWN IN
BOOK 2004,PAGE 5051,IN THE OFFICE OF THE RECORDER OF DALLAS
COUNTY.IOWA.
INCLUDES PARCEL ¹1617100001,1617100027
Amendment ¹1Subarea —Pro er Added to Urban Renewal Area b
Amendment ¹I
THAT PART OF THE NORTH FRACTIONAL ONE-HALF (N I/2)OF THE
NORTHEAST QUARTER (NE I /4)OF SECTION EIGHTEEN (18),
TOWNSHIP SEVENTY-EIGHT (78)NORTH,RANGE TWENTY-SIX (26)
WEST OF THE 5TH P.M.,DALLAS COUNTY,IOWA LOCATED SOUTH OF
THE INTERSTATE 80 RIGHT OF WAY,EXCEPT PARCEL "A"OF THE
SURVEY OF THE FRACTIONAL NW I/4 NE I/4,SECTION 18-78-26,AS
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SHOWN IN BOOK 748.PAGE 599,IN THE OFFICE OF THE RECORDER OF
DALLAS COUNTY,IOWA AND THE ADJOINING EAST HALF OF U LANE
RIGHT OF WAY.SUBJECT PROPERTY IS ALL LOCATED WITHIN THE
CITY LIMITS OF THE CITY OF WAUKEE (PARCEL ¹1618200002,
1618200007)
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EXHIBIT B
SOUTHWEST BUSINESS PARK URBAN RENEWAL AREA MAP AS
AMENDED BY AMENDMENT ¹I
328th PL.
Original Area (2017}
Amendment ¹1Area (2018)
Legend
~Southwest Buwness ParkURA-Amendmentet (2018i~Southwest Business Park Urban Renewal Area -2017
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EXHIBIT C
AGREEMENTS TO INCLUDE AGRICULTURAL LAND
IN THE SOUTHWEST BUSINESS PARK URBAN RENEWAL AREA
WHEREAS,the City of Waukee,Iowa,(the "City")has proposed the Amendment¹Ito the Southwest Business Park Urban Renewal Plan (the "Plan")for the Southwest
Business Park Urban Renewal Area (the "Urban Renewal Area"),pursuant to Chapter
403 of the Code of Iowa,in order to undertake activities authorized by that Chapter;and
WHEREAS,it has been proposed that the boundaries of the Urban Renewal Area,
as amended by Amendment ¹I,will include certain property which is owned by the
Agricultural Land Owner listed below (the "Property");and
WHEREAS,Section 403.17(10)of the Code of Iowa provides 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;and
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 this day of ,2018.
Agricultural Land Owner's Name:Agricultural Land Owner's Name:
Signature:
Date:
Witness:
Signature:
Date:
Witness:
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