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HomeMy WebLinkAbout2018-09-17-Resolutions 18-381_Waukee West Urban Renewal Plan Amendment 2 - Set PHRESOLUTION NO.18-381 RESOLUTION SETTING DATES OF A CONSULTATION AND A PUBLIC HEARING ON A PROPOSED AMENDMENT NO.2 TO THE URBAN RENEWAL PLAN FOR THE WAUKEE WEST URBAN RENEWAL AREA IN THE CITY OF WAUKEE,STATE OF IOWA WHEREAS,by Resolution No.17-458,adopted September 25,2017,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 Urban Renewal Plan (the "Plan"or "Urban Renewal Plan")for the Waukee West 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,by Resolution No.18-127,adopted April 2,2018,this City Council approved and adopted an Amendment No.I to the Plan;and WHEREAS,this Urban Renewal Area currently includes and consists of: ORIGINAL SUBAREA THE EAST '/z OF THE NE I/4 OF SECTION 35,TOWNSHIP 79 NORTH, RANGE 27 WEST OF THE 5 "P.M.,DALLAS COUNTY,IOWA LYING SOUTH OF THE HIGHWAY 6 RIGHT OF WAY AND EXCEPT FOR THE NORTH 440 FEET OF THE WEST 262 FEET OF THE NE '/4 OF THE NE '/4 OF SECTION 35,TOWNSHIP 79 NORTH,RANGE 27 WEST AND THAT AREA WITHIN THE WEST /z OF THE NE /4 OF SECTION 35,TOWNSHIP 79 NORTH,RANGE 27 WEST LYING EAST OF THE CENTERLINE OF R-16 AND 440 FEET SOUTH OF THE NORTH SECTION LINE (INCLUDES THE EAST HALF OF THE ADJOINING R-16 RIGHT OF WAY AND THE SOUTH HALF OF THE ADJOINING HIGHWAY 6 RIGHT OF WAY)(PARCEL ¹1135200003,1135200006,1135200004);AND, THE SE I/4 OF THE SE '/4 OF SECTION 35 AND THAT AREA WITHIN THE SW I/4 OF THE SE '/4 OF SECTION 35,TOWNSHIP 79 NORTH,RANGE 27 WEST LYING EAST OF THE CENTERLINE OF R-16 (INCLUDES THE EAST HALF OF THE ADJOINING R-16 RIGHT OF WAY IN THE SE '/4 OF THE SE '/4 AND THE NORTH HALF OF THE ADJOINING 300 "STREET RIGHT OF WAY)(PARCEL ¹1135400005);AND, THE NW '/4 OF SECTION 36,TOWNSHIP 79 NORTH,RANGE 27 WEST OF THE 5 "P.M.,DALLAS COUNTY,IOWA LYING SOUTH OF THE HIGHWAY 6 RIGHT OF WAY (INCLUDES ADJOINING SOUTH HALF OF HIGHWAY 6 RIGHT OF WAY AND THE ADJOINING WEST HALF OF RICHLAND PLACE RIGHT OF WAY)(PARCEL ¹1136100001,1136100002, 1136100003,1136100004);AND, THE SW '/4 OF SECTION 36,TOWNSHIP 79 NORTH,RANGE 27 WEST OF THE 5 "P.M.,DALLAS COUNTY,IOWA (INCLUDES THE NORTH HALF OF THE ADJOINING 300 "STREET RIGHT OF WAY AND THE WEST HALF OF THE ADJOINING RICHLAND PLACE RIGHT OF WAY)(PARCEL ¹ 1136300001,1136300002,1136300003,1136300004);AND, THE EAST HALF OF SECTION 36,TOWNSHIP 79 NORTH,RANGE 27 WEST OF THE 5 "P.M.,DALLAS COUNTY,IOWA EXCEPT THE EAST 7 ACRES OF THE SOUTH '/z OF THE SE '/~OF SECTION 36,TOWNSHIP 79 NORTH, RANGE 27 WEST (INCLUDES THE ADJOINING SOUTH HALF OF HIGHWAY 6 RIGHT OF WAY,THE ADJOINING EAST HALF OF RICHLAND PLACE RIGHT OF WAY AND THE ADJOINING NORTH HALF OF 300 "STREET RIGHT OF WAY)(PARCEL ¹1136200001,1136200002, 1136200003,1136200004,1136400001,1136400002,1136400005);AND, THE NORTH '/~OF SECTION 31,TOWNSHIP 79 NORTH,RANGE 26 WEST OF THE 5 "P.M.,DALLAS COUNTY,IOWA (INCLUDES THE ADJOINING SOUTH HALF OF HIGHWAY 6 RIGHT OF WAY AND ADJOINING WEST HALF OF T AVENUE RIGHT OF WAY)(PARCEL ¹1231100001,1231100003, 1231100002,1231100004,1231200001,1231200004,1231200002,1231200005, 1231200003);AND, THE EAST 57 ACRES OF THE NORTH '/z OF THE SE '/4 OF SECTION 31, TOWNSHIP 79 NORTH,RANGE 26 WEST OF THE 5 "P.M.,DALLAS COUNTY,IOWA (INCLUDES THE ADJOINING WEST HALF OF T AVENUE RIGHT OF WAY)(PARCEL ¹1231400007);AND, THE SE '/~OF THE SE '/4 OF SECTION 31,TOWNSHIP 79 NORTH,RANGE 26 WEST OF THE 5 P.M.,DALLAS COUNTY,IOWA (INCLUDES THE ADJOINING WEST HALF OF T AVENUE RIGHT OF WAY AND THE ADJOINING NORTH HALF OF 300 H STREET RIGHT OF WAY)(PARCEL ¹ 1231400008,1231400009);AND, THE SW '/4 OF THE SW '/4 OF SECTION 32,TOWNSHIP 79 NORTH,RANGE 26 WEST OF THE 5 "P.M.,DALLAS COUNTY,IOWA (INCLUDES THE ADJOINING EAST HALF OF T AVENUE RIGHT OF WAY)(PARCEL ¹ 1232300003);AND, THE WEST 884.19 FEET OF THE NW '/4 OF THE SW '/4 OF SECTION 31, TOWNSHIP 79 NORTH,RANGE 26 WEST OF THE 5 "P.M.,DALLAS COUNTY,IOWA AND THE EAST 660.98 FEET OF THE WEST 1545.17 FEET OF THE NW '/a OF THE SW /4 OF SECTION 31,TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE 5 "P.M.,DALLAS COUNTY,IOWA (PARCEL ¹ 1231300001,1231300007);AND, THE NORTH 26,08 ACRES OF THE NE '/a OF THE SW '/4 OF SECTION 31, TOWNSHIP 79 NORTH,RANGE 26 WEST OF THE 5 "P.M.,DALLAS COUNTY,IOWA (PARCEL ¹1231300003);AND, GOVERNMENT LOT 4 AND THE NORTH 340 FEET OF THE WEST 1,337 FEET AND THE SOUTH 193 FEET OF THE NORTH 533 FEET OF THE EAST 313 FEET OF GOVERNMENT LOT 5 ALL IN SECTION 2,TOWNSHIP 78 NORTH,RANGE 27 WEST OF THE 5 "P.M.(INCLUDES THE ADJOINING SOUTH HALF OF 300 "STREET RIGHT OF WAY AND ADJOINING EAST HALF OF S AVENUE RIGHT OF WAY)(PARCEL ¹1502100001, 1502100011);AND, THE SOUTH HALF OF THE NE '/4 OF SECTION 25,TOWNSHIP 79 NORTH, RANGE 27 WEST OF THE 5 "P.M.,DALLAS COUNTY IOWA (INCLUDES THE ADJOINING WEST HALF OF S AVENUE RIGHT OF WAY)(PARCEL ¹ 1125200004,1125200003);AND, THE SE '/a OF SECTION 25,TOWNSHIP 79 NORTH,RANGE 27 WEST OF THE 5 "P.M.,DALLAS COUNTY,IOWA (INCLUDES THE ADJOINING WEST HALF OF S AVENUE RIGHT OF WAY AND THE ADJOINING NORTH HALF OF HIGHWAY 6 RIGHT OF WAY)(PARCEL ¹1125400001, 1125400004,1125400007,1125400008,1125400009);AND, ALL OF SECTION 30,TOWNSHIP 79 NORTH,RANGE 26 WEST OF THE 5 " P.M.,DALLAS COUNTY,IOWA,EXCEPT PARCEL "B"OF THE NORTHEAST I/4 OF THE NORTHWEST I/4 OF SECTION 30,TOWNSHIP 79 NORTH,RANGE 26 WEST OF THE 5TH P.M.,DALLAS COUNTY,IOWA AS SHOWN IN THE SURVEY RECORDED IN BOOK 802,PAGE 672 IN THE OFFICE OF THE DALLAS COUNTY RECORDER.(PARCEL 12-30-100-013) AND EXCEPT PARCEL "CC"OF THE NORTHEAST '/4 OF THE NORTHWEST '/4 OF SECTION 30,TOWNSHIP 79 NORTH,RANGE 26 WEST OF THE 5 "P.M.,DALLAS COUNTY,IOWA AS SHOWN IN THE SURVEY RECORDED IN BOOK 2015,PAGE 11658 IN THE OFFICE OF THE DALLAS COUNTY RECORDER (INCLUDES THE ADJOINING EAST HALF OF S AVENUE RIGHT OF WAY,THE ADJOINING NORTH HALF OF HIGHWAY 6 RIGHT OF WAY,THE ADJOINING WEST HALF OF T AVENUE RIGHT OF WAY AND THE ADJOINING SOUTH HALF OF 280 "STREET RIGHT OF WAY)(PARCEL 1230100015,1230100010,1230100006,1230100008, 1230100009,1230100016,1230100005,1230300001,1230300002,1230300003, 1230300006,1230300007,1230200001,1230200002,1230200003,1230200004, 1230400001,1230400002,1230400003,1230400004);AND, THE NW '/4 OF THE SW /~OF SECTION 29,TOWNSHIP 79 NORTH,RANGE 26 WEST OF THE 5 "P.M.,DALLAS COUNTY,IOWA (INCLUDES THE ADJOINING EAST HALF OF T AVENUE RIGHT OF WAY)(PARCEL ¹ 1229300001);AND, THE NORTH HALF OF THE 300 "STREET RIGHT OF WAY FROM T AVENUE TO 6 STREET (R-22) AND AMENDMENT NO.I SUBAREA The Northeast Quarter (NE '/4)of the Southeast Quarter (SE '/4)of Section 35, Township 79 North,Range 27 West of the 5th P.M.,Adel Township,Dallas County Iowa and including that area within the NW I/4 of the SE '/4 of Section 35,Township 79 North,Range 27 West lying East of the Centerline of R-16 and including the east half of the adjoining R-16 Right of Way.(Parcel ¹11-35-400- 003);and, Parcel "B"of the Northeast I/4 of the Northwest I/4 of section 30,township 79 north,range 26 West of the 5th p.m.,Dallas County,Iowa as shown in the survey recorded in book 802,page 672 in the office of the Dallas County Recorder including the south half of 280'"Street Right of Way.(Parcel 12-30-100-013); and, Parcel "CC"of the Northeast '/~of the Northwest '/4 of section 30,township 79 north,range 26 West of the 5'"p.m.,Dallas County,Iowa as shown in the survey recorded in Book 2015,Page 11658 in the office of the Dallas County Recorder including the south half of 280'"Street Right of Way (Parcel 12-30-100-015);and, Parcel 17-247 of the Northeast Quarter (NE '/4)of the Southwest Quarter (SW '/4) of Section 31,Township 79 North,Range 26 West of the 5'"P.M.,Dallas County, Iowa as shown in the survey recorded in Book 2018,Page 1530 in the office of the Dallas County Recorder (Parcel 12-31-300-008);and, The West 23 acres of the North Half (N '/~)of the Southeast Quarter (SE '/4)of Section 31,Township 79 North,Range 26 West of the 5'"P.M.(Parcel 12-31- 400-006);and, The Northwest Quarter (NW /4)lying south and west of the railroad right of way in Section 29,Township 79 North,Range 26 West of the 5'"P.M.and including the east half of the adjoining T Avenue right of way (Parcel 12-29-100-001,12- 29-100-003,12-29-100-005);and, The Highway 6 (Hickman Road)right of way from T Avenue to 10'"Street (R- 22);and, The 10'"Street (R-22)right of way from Highway 6 (Hickman Road)to the Northwest comer of Section 28,Township 79 North,Range 26 West of the 5'" P.M.;and, The South Half (S '/2)of the Southeast Quarter (SE /4)in Section 29,Township 79 North,Range 26 West of the 5'"P.M.(Parcel 12-29-400-013,12-29-400-012,12- 29-400-014,12-29-400-005,12-29-400-016);and, The Northwest Quarter (NW '/4)of Section 28,Township 79 North,Range 26 West of the 5'"P.M.(Parcel 12-28-100-005,12-28-100-006,12-28-100-002,12- 28-100-003,12-28-100-004);and, The North Half (N '/2)of the Southwest Quarter (SW '/4)of Section 28,Township 79 North,Range 26 West of the 5'"P.M.(Parcel 12-28-300-001,12-28-300-014); and, The North 6'"Street right of way from Highway 6 (Hickman Road)to the north line of the Southeast Quarter (SE '/4)of the Southwest Quarter (SW '/4)of Section 28,Township 79 North,Range 26 West of the 5'"P.M.;and, The East three fourths (E '/4)of the Southeast Quarter (SE '/4)of the Southwest Quarter (SW '/4)of Section 28 Township 79 North,Range 26 West of the 5'"P.M. except Lot I of Waukee Development Plat,Parcel A of the Southeast Quarter (SE '/4)of the Southwest Quarter (SW '/4)of Section 28,Township 79 North,Range 26 West of the 5'"P.M.and Parcel Z as recorded in Book 2011 Page 16803 in the Dallas County Recorder's Office,Dallas County,Iowa(Parcel 12-28-300-038); allCI The Northwest Quarter (NW '/4)of the Southwest Quarter (SW '/4)of Section 32, Township 79 North,Range 26 West of the 5'"P.M.and including the adjacent east half of T Avenue right of way (Parcel 12-32-300-001);and, The East Half (E '/1)of the Southwest Quarter (SW '/4)of Section 32,Township 79 North,Range 26 West of the 5'"P.M.(Parcel 12-32-300-002,12-32-300-004); aiicl, The Southeast Quarter (SE '/4)of Section 32,Township 79 North,Range 26 West of the 5'"P.M.(Parcel 12-32-400-001,12-32-400-002,12-32-400-003,12-32- 400-004);and, Government Lots I,2,3,4 and 6 in Section 6,Township 78 North,Range 26 West of the 5'"P.M.and including the south half of the adjoining 300'"Street right of way (Parcel 16-06-200-001,16-06-200-002,16-06-200-003,16-06-200- 006,16-06-200-007);and, The East 390.94 feet of the South 922.34 feet of the Southeast Quarter (SE '/~)of the Southwest Quarter (SW Y4)of Section 33,Township 79 North,Range 26 West of the 5'"P.M.(Parcel 12-33-376-004,12-33-376-003);and, Lots A,B and C in Section 5,Township 78 North,Range 26 West of the 5'"P.M. (Parcel 16-05-100-001);and, Lot C in Glynn Village Plat I,an Official Plat,City of Waukee,Iowa (Parcel 16- 05-202-039);and, The North 60 feet of Parcel A in Government Lots 2 and 3,Section 5,Township 78 North,Range 26 West of the 5'"P.M.,City of Waukee,Dallas County,Iowa as recorded in the Warranty Deed and Acquisition Plat in Book 2011,Page 14730, City of Waukee,Dallas County,Iowa;and, Lot C of Windsor West,an Official Plat,City of Waukee,Iowa;and Lot D of Corene Acres Plat 12,an Official Plat,City of Waukee,Iowa;and The University Avenue right of way from the intersection of Warrior Lane to the intersection of LA Grant Parkway;and, The Warrior Lane right of way from the intersection of University Avenue to the intersection of Ashworth Drive;and, Parcel B of Lot 15 of Corene Acres Plat 1,an Official Plat,City of Waukee, including the adjoining full right of way of Ashworth Drive and the adjoining full right of way of Northview Drive (Parcel 12-33-426-016);and, Lots 16 and 51 of Corene Acres Plat I,an Official Plat,City of Waukee (Parcel 12-33-431-018,12-33-431-009). WHEREAS,City staff has caused there to be prepared a form of Amendment No.2 to the Plan ("Amendment No.2"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 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.2 adds land,as follows: The Southeast N of Section 29,Township 79 North,Range 26 West of the 5'" P.M,except the South 420 feet of the North '/~of the Southeast '/a of Section 29, Township 79 North,Range 26 West of the 5'"P.M.,lying east of the former railroad right of way (Parcel ¹1229400011)and including the west half of 10'" Street (U Avenue)Right of Way (Parcel ¹12-29-400-013,12-29-400-012,12-29- 400-005,12-29-400-014,12-29-400-016,12-29-100-006,12-29-400-007,12-29- 400-008);and, That part of the Raccoon River Valley Trail lying in the Northwest '/~of Section 29,Township 79 North,Range 26 West of the 5'"P.M.and the Southwest of the Northeast '/4 of Section 29,Township 79 North,Range 26 West of the 5'"P.M. (Parcel ¹12-29-100-006). WHEREAS,the Iowa statutes require the City Council to notify all affected taxing entities of the consideration being given to the proposed Amendment No.2 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.2 subsequent to notice thereofby 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.2 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(1),along with a copy of this Resolution and the proposed Amendment No.2,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.2 TO THE URBAN RENEWAL PLAN FOR THE WAUKEE WEST URBAN RENEWAL AREA 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.2 to the Urban Renewal Plan for the Waukee West Urban Renewal Area,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.2,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 o f Notice) Section 3.That a public hearing shall be held on the proposed Amendment No.2 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.2 TO THE URBAN RENEWAL PLAN FOR THE WAUKEE WEST 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.2 to the Urban Renewal Plan (the "Amendment")for the Waukee West Urban Renewal Area in the City of Waukee,State of Iowa,which Amendment would add the following property to the Urban Renewal Area: The Southeast '/4 of Section 29,Township 79 North,Range 26 West of the 5ia P.M,except the South 420 feet of the North '/z of the Southeast '/4 of Section 29, Township 79 North,Range 26 West of the 5'"P.M.,lying east of the former railroad right of way (Parcel ¹1229400011)and including the west half of 10'" Street (U Avenue)Right of Way (Parcel ¹12-29-400-013,12-29-400-012,12-29- 400-005,12-29-400-014,12-29-400-016,12-29-100-006,12-29-400-007,12-29- 400-008);and, That part of the Raccoon River Valley Trail lying in the Northwest '/4 of Section 29,Township 79 North,Range 26 West of the 5'"P.M.and the Southwest of the Northeast '/4 of Section 29,Township 79 North,Range 26 West of the 5'"P.M. (Parcel ¹12-29-100-006). 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 actiidties 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 adds 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.2 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,as previously amended,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.2,attached hereto as Exhibit 1,for the Urban Renewal Area described therein is hereby officially declared to be the proposed Amendment No.2 to the Urban Renewal Plan for the Waukee West Urban Renewal Area 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. Ma 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 AMENDMKNT 02 to the URBAN RENEWAL PLAN for the WAUKEE WEST URBAN RENEWAL AREA WAUKKE,IOWA Original Plan —2017 Amendment ¹1 —201S Amendment ¹2 -201S TABLE OF CONTENTS SECTION A.INTRODUCTION B.DESCRIPTION OF THE URBAN RENEWAL AREA C.AREA DESIGNATION D.BASE VALUE E.DEVELOPMENT PLAN/ZONING F.PLAN OBJECTIVES G.TYPES OF RENEWAL ACTIVITIES H.PREVIOUSLY AUTHORIZED URBAN RENEWAL PROJECTS I.ELIGIBLE URBAN RENEWAL PROJECTS J.F INANCIAL DATA K.PUBLIC BUILDING ANALYSIS L.AGREEMENT TO INCLUDE AGRICULTURAL LAND M.JOINT CITY/COUNTY AGREEMENT N.URBAN RENEWAL FINANCING O.PROPERTY ACQUISITION/DISPOSITION P.RELOCATION Q.STATE AND LOCAL REQUIREMENTS R.URBAN RENEWAL PLAN AMENDMENTS S.EFFECTIVE PERIOD T.SEVERABILITY CLAUSE EXHIBITS A.LEGAL DESCRIPTION OF AREA B.URBAN RENEWAL AREA MAP C.AGREEMENTS TO INCLUDE AGRICULTLIRAL LAND -3 Urban Renewal Plan for the Waukee West Urban Renewal Area City of Waukee,Iowa A.INTRODUCTION The Urban Renewal Plan ("Plan"or "Urban Renewal Plan")for the Waukee West Urban Renewal Area ("Area"or "Urban Renewal Area")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 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 amended in 2018 (Amendment ¹I). The plan is being further 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 ¹2 ("Amendment ¹2 or "Amendment'*). The Amendment ¹2 repeats much of the original plan adopted in 2017 for the reader*s convenience.The material changes by this Amendment ¹2 include the following: ~The addition of the Amendment ¹2 Subarea to the Area; ~Section FL "Previously Authorized Urban Renewal Projects*'to restate and update the projects identified in the original Plan and Amendment ¹I,page 8; ~Section I."Eligible Urban Renewal Projects"to identify the projects being added to the Plan by this Amendment ¹2,page 12; ~Section J.Update to Financial Data,page 12; ~Section L.Update to Agricultural Land section,page 15; ~Section M.Update to Joint City/County Agreement section,page 15; ~Exhibit A contains a legal description of the property being added ("Amendment ¹2 Subarea"); ~Exhibit B contains a map of the Waukee West Urban Renewal Area including the Amendment ¹2 Subarea;and ~Exhibit C contains a signed Agricultural Land consent from each agricultural land owner included within the Amendment ¹2 Subarea. Except as modified by this Amendment,the provisions of the original Waukee West 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 THE URBAN RENEWAL AREA The legal description of the property being added to the Waukee West Urban Renewal Area by this Amendment (called "Amendment ¹2 Subarea")is attached hereto as Exhibit "A". A map of the Amendment ¹2 Subarea and including the entire Waukee West 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 the Plan,the City of Waukee designated this Urban Renewal Area as an area that is appropriate for the promotion of economic development,both commercial and industrial.This designation continues in this Amendment and applies to the Amendment ¹2 Subarea. D.BASE VALUE It is anticipated that a number of TIF ordinances will be adopted for various parcels within the Urban Renewal Area,corresponding to the completion of new development projects. Accordingly,different portions of the Urban Renewal Area will have different base valuation dates.This Amendment does not alter any previously established base values. E.DEVELOPMENT PLAN/ZONING 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 IO,2008,and last amended in September 2017.The goals and objectives of this Urban Renewal Plan,as amended by this Amendment ¹2,including the urban renewal projects identified herein, are in conformity with the City's Comprehensive Plan. The Urban Renewal Area,as amended,is currently zoned agricultural and light industrial. It is anticipated that the remaining agricultural property will be zoned for commercial and light industrial in the future.This 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,as amended,is set forth in the Plan and this Amendment ¹2.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 to promote economic development,both commercial and industrial.More specific objectives for development within the 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,streets,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. 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.TYPES OF RENEWAL ACTIVITIES To meet the objectives of this Urban Renewal Plan and to encourage orderly development of the area,the City intends to utilize the powers conferred under Chapters 403,15,and 15A,Code of iowa.Activities may include: New rehabilitated,converted,or expanded industrial uses within the Area. New,rehabilitated,converted,or expanded commercial uses within the Area. General development activities by the City in the Waukee West Urban Renewal Area may include: 1.To undertake and carry out urban renewal projects through the execution of contracts and other instruments. 2.To arrange for or cause to be provided the construction or repair of public infrastructure including but not limited to streets,curb and gutter,street lighting,water,sanitary sewer,public utilities or other facilities in connection with urban renewal projects. 3.To make loans,forgivable loans,grants,tax rebate payments,tax exemptions or other types of economic development grants or incentives to private persons,local development organizations,or businesses for economic development purposes on such terms as may be determined by the City Council. 4.To borrow money and to provide security therefor. 5.To acquire or dispose of property. 6.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. 7.To acquire property through a variety of means (purchase,lease,option, etc.)and to hold,clear,convert or prepare the property for redevelopment. 8.To undertake the demolition and clearance of existing development. 10.To make or have made surveys and plans necessary for the implementation of the Urban Renewal Plan or specific urban renewal projects. 11.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. 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. H.PREVIOUSLY AUTHORIZED URBAN RENEWAL PROJECTS Various urban renewal projects were authorized prior to this Amendment //2,and are continuing.Those projects include the following (updated where appropriate): 1.Public Im rovements Urban Renewal Project Description Public Safety Facility.Construct and equip a municipal public safety facility with fire and police services and install all needed utilities and sewers, bike/pedestrian trails,street lights,traffic signals and signage,streets,turn lanes,and other projects associated with said public safety facility,as well as purchase/acquire any real or personal property necessary for the construction and operation of said public safety facility. Douglas Parkway (280'"Street) Extension —T Avenue to S Avenue University Avenue (300'"Street) Extension —6th Street to R-16 T Avenue Widening —Douglas Parkway to University Avenue Estimated Time Period 2020-2025 2021 -2030 2021 -2030 2021 -2025 Estimated Cost to be reimbursed by tax increment financin $22,000,000- $28,000,000 $13,000,000- $20,000,000 $28,000,000- $35,000,000 $20,000,000- $25,000,000 Rationale (why economic development is promoted) A public safety facility with fire and police services will help protect the anticipated investments of future commercial and industrial developments,as well as protect the motoring public in the area.See Section I, Public Building Analysis for further information on how a public safety building within the Area promotes economic development. Commercial/Industrial Corridor Roadway Ex ansion Commercial/Industrial Corridor Roadway Ex ansion Commercial/Industrial Corridor Roadway Ex ansion Northwest Area Water Main Extension from University Avenue/6'"Street to T Avenue/Hickman Road (multiple hases) Northwest Area Sanitary Trunk Sewer Extension from University Avenue/6'"Street to T Avenue/Hickman Road Civic Land Purchase.Purchase of approximately 225 acres to allow for the future relocation and consolidation of several municipal services including City Hall and the Public Library as well as the development of new services and amenities which could include a recreation center,ice arena,amphitheater and other park amenities 10'"Street Widening —Hickman Road to Douglas Parkway Sunrise Drive Extension —10'" Street to 4'"Street 2018-2025 2018-2025 2018 -2024 2019 -2022 2019 -2023 $2,000,000- $4,000,000 $2,000,000- $4,000,000 $9,000,000- $11,000,000 $9,000,000- $11,000,000 $6,000,000- $8,000,000 Necessary water utility expansion to support commercial/industrial development expansion Necessary sanitary sewer utility expansion to support commercial/industrial develo ment ex ansion Consolidation of City services and the development of civic amenities which will provide a centralized gathering location within the community which will promote and generate the need for surrounding private economic development to service the activities within the civic campus development.A Public Building Analysis for this project is included in Section K. Commercial/Industrial Corridor Roadway Expansion and access to new high school and regional youth sports complex.The regional youth sports complex is anticipated to host a number of regional tournaments which will draw many outside visitors,generating a need for additional commercial retail and service businesses. Commercial/Industrial Corridor Roadway Expansion and access to new high school and regional youth sports complex.The regional youth sports complex is anticipated to host a number of regional tournaments which will draw man Douglas Parkway Extension— 10'"Street to 4'"Street 6'"Street Extension —Hickman Road to Sunrise Drive 4'"Street Extension —Sunrise Drive to Douglas Parkway 5 Way Intersection Improvements —Ashworth Drive/Warrior Lane/Northview Drive 2019 -2023 2020 -2023 2021 -2023 2021 -2023 $7,000,000- 10,000,000 $6,000,000- $8,000,000 $5,000,000- $7,000,000 $2 000 000- $4,000,000 outside visitors,generating a need for additional commercial retail and service businesses. Commercial/Industrial Corridor Roadway Expansion and access to new high school and regional youth sports complex.The regional youth sports complex is anticipated to host a number of regional tournaments which will draw many outside visitors,generating a need for additional commercial retail and service businesses. Commercial/Industrial Corridor Roadway Expansion and access to new high school and regional youth sports complex.The regional youth sports complex is anticipated to host a number of regional tournaments which will draw many outside visitors,generating a need for additional commercial retail and service businesses. Expansion and access to new high school and regional youth sports complex.The regional youth sports complex is anticipated to host a number of regional tournaments which will draw many outside visitors,generating a need for additional commercial retail and service businesses. Improvements to an intersection that has a poor level of service,generates a number of accidents,and creates a safet 10- Warrior Lane Widening- Vniversity Avenue to Ashworth Drive Vniversity Avenue Widening and Extension —LA Grant Parkwa to 6'"Street Total 2021 -2023 2021 -2025 $3,000,000- $5,000,000 $15,000,000- $18,000,000 Range of $149,000,000 to $198,000,000 problem/delay in response time for the nearby police and fire station.The location is a key intersection of two major collector roads that when extended will create the opportunity for additional commercial economic develo ment. Expansion of existing collector roadway Corridor that serves a number of school and City facilities. The Corridor is currently insufficient in size and creates a number of delays and safety concerns including concerns related to police/fire response times.The roadway serves as a major collector roadway which when expanded and extended will allow for additional commercial economic develo ment activit . Commercial/Industrial Corridor Roadway Ex ansion Note:It may be that the above costs will be reduced by the application of state and/or federal grants or programs;cost-sharing agreements with other entities;or other available sources of funds. 2.Tax Rebate or other Develo ment A reements Data Center Development Agreement:The City entered into a development agreement with a technology company in order to incentivize the construction of data center and support building(s)in the Area.The developer*s obligations include executing a minimum assessment agreement setting a minimum assessed value for each completed data center building,and employing employees in the building(s).In exchange,the City agreed, among other things,to abate a percentage of the value created by each building from taxation under the authority provided by the High Quality Jobs Program and Iowa Code Section 15.322,to expedite the completion of certain public improvements,and to rebate franchise fee payments on electricity paid by developer in the event franchise fees are -11- imposed by the City.The City does not anticipate rebating any tax increment under the development agreement. 3.Planning,engineering fees (for urban renewal plans),attorney fees,other related costs to support urban renewal projects and planning Pro'ect Fees and costs Date Undetermined Estimated cost Range of $500,000 to $1,000,000 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 ¹2 include: 1.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 infrastructure assistance and other incentives.The costs of such Development Agreements will not exceed $8,000,000- $10,000,000. J.FINANCIAL DATA 1.July I,2018 constitutional debt limit: 2.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 ¹2)has not yet been determined.This document is for planning purposes only.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 $92,216,747 $71,573,137 Previously Authorized projects: $149,500,000 To $199,000,000 Eligible Projects (Amendment ¹2): $8,000,000— $10,000,000 -12- estimated that the cost of the Eligible Urban Renewal Projects (Amendment ¹2)as described above will be approximately as stated in the next column: These totals do not include financing costs related to debt issuance,which will be incurred over the life of the Area. K.PUBLIC BUILDING ANALYSIS 1.Previousl Authorized Pro'ect restated from ori inal Plan:A future public safety facility with fire and police services is contemplated for this Area due to the distance from existing public safety facilities and the response times for this area of the community.As development occurs,additional protection will be needed.Using tax increment financing dollars to pay for the construction and equipping of this public building is a fair and rational way to fund this urban renewal project. Alternative development and funding options for a potential public building project in the Urban Renewal Area would be for the City to go through a process that could result in the issuance of general obligation bonds to fund the project,resulting in the entire cost for the facility to be borne by City residents.This option is arguably less feasible than the use of TFF funds because there would be no contribution of tax increment revenues from affected school districts and Dallas County.Because the public safety facility listed in this Plan will benefit Dallas County residents/taxpayers and school patrons/taxpayers,the use of tax increment is the most appropriate funding mechanism because it is fair for the school districts and the county to share in the costs for the project.The project demonstrates regional benefits.Additionally,purchasing land and constructing a new public safety facility will protect this area of the City,which will promote development,thus increasing the property tax base,thereby benefiting the City,school and county.The City also intends to consider the use of other funding sources,such as state,federal,and/or local grants,and private donations. Construction of a new public safety facility wig provide needed fire and ambulance protection in this western edge of the City.The current public safety facility is located approximately three miles from the proposed Urban Renewal Area.The fire district serviced by the City of Waukee extends along the Highway 6 corridor west to S Avenue. This area is included within the proposed Urban Renewal Area.Construction of a new public safety facility in the Area is necessary to allow for commercial and industrial development in the Area,including the proposed data center development.Construction of the new public safety facility in the Area will significantly reduce response times to the anticipated commercial and industrial development in the Area,and such improved responsiveness is imperative to attracting additional development to the Area,including the data center project described above. 13- The Waukee Community School District has recently purchased property for a new high school scheduled to be open to students in the Fall of 2021.The subject property is located one half mile north of Highway 6 and east of R-22 (10'"Street).Construction of a public safety facility within the proposed Urban Renewal Area will allow for minimal response time to the location of the proposed high school.In addition,the proposed City Public Safety Building will be approximately three miles from the soon to be constructed Dallas County Public Safety Building,providing new opportunities for mutual assistance and increased collaboration between the Waukee Police Department and the Dallas County Sheriff's Office. In conclusion,for all the foregoing reasons,alternative options for funding of the urban renewal projects described above are less feasible than the use of incremental taxes. 2.Previousl Authorized Pro'ect restated from Amendment ¹I:The City contemplates acquiring approximately 225 acres to allow for the future relocation and consolidation of several municipal services,including City Hall and the Public Library, into a Civic Campus.In addition to the consolidation of existing city services,the complex is expected to include the development of a number of new cultural amenities and athletic facilities over time.Such facilities and amenities could include but are not limited to a recreation facility/field house,aquatic amenities,ice arena,amphitheater,and other park and trail components.The campus is intended to provide a central gathering place and destination for all of Waukee.The development of the Civic Campus with all of its activities and amenities will draw significant traffic in the area and create a need and an opportunity for development of adjacent parcels for commercial retail and service businesses opportunities. The proposed Civic Complex would have a regional impact benefitting not only City residents but those residents of Dallas County and Waukee Community School District. For example,local amenities such as recreational facilities and public libraries increase the standard of living in a community,which draws employers and employees to the municipality as well as the surrounding area.Therefore,the use of tax increment to pay for a portion of the project is appropriate,in lieu of other financial support from the county and school district for this project.If the City were to rely only on general obligation bonds to be paid solely by the City's debt service levy (without using incremental tax revenues), only the City's taxpayers would be responsible for the payment of the bonds to finance these projects.The high costs involved in this project,along with the City's constitutional debt limit,make financing this project solely through general obligation bonds or the receipt of grant funds or donations infeasible.For the aforementioned reasons,the use of tax increment revenue for a portion of these projects is the most feasible,fair,and equitable mechanism for helping to fund the proposed project.The City also intends to consider the use of other funding sources,such as state,federal,and/or local grants and private donations. In conclusion,for all the foregoing reasons,alternative options for funding of the urban renewal projects described above are less feasible than the use of incremental taxes. 14- L.AGREEMENT TO INCLUDE AGRICULTURAL LAND Agricultural land owners have entered into agreements in which they agree 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 signed 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 ¹1 Subarea is attached to Amendment ¹l.A copy of the signed agreement of each agricultural land owner within the Amendment ¹2 Subarea is attached to this Amendment ¹2 as Exhibit C.The original signed agreements will be on file at the City Clerk's office. M.JOINT CITY/COUNTY AGREEMENT restated from Amendment ¹I In accordance with Iowa Code Section 403.17(4),a City may exercise urban renewal powers with respect to property which is located outside but within two miles of the boundary of a City if the City obtains the consent of the County within which such property is located.A Joint Agreement was executed by the City of Waukee and Dallas County, which gave the City permission to add land to the Area that was outside the city limits to the Area through Amendment ¹l.A copy of such Joint Agreement is attached to Amendment ¹1.The original signed Joint Agreement is on file at City Hall.The property being added by this Amendment ¹2 is within the City's corporate boundaries and therefore an additional Joint Agreement is not necessary in conjunction with the addition of the Amendment ¹2 Subarea. N.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.The City of Waukee has the statutory authority to use a variety of tools to finance physical improvements within the Areas.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. -15- 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. B.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. 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. O.PROPERTY AC UISITION/DISPOSITION If property acquisition/disposition by the City becomes necessary to accomplish the objectives of the Plan,such acquisition/disposition will be carried out,without limitation, in accordance with the Iowa Code. -16- P.RELOCATION The City does not expect there to be any relocation required as part of the eligible urban renewal projects;however,if any relocation is necessary,the City will follow all applicable relocation requirements as contemplated pursuant to Iowa Code Sections 403.5(4)(a)and 403.6(7). STATE AND LOCAL RE UIREMENTS All provisions necessary to conform to state and local laws will be complied with by the City in implementing this Urban Renewal Plan and its supporting documents. R.URBAN RENEWAL PLAN AMENDMENTS This Urban Renewal Plan may be amended from time to time for a variety of reasons, including but not limited to,to change the boundaries of the Area,to add or change land use controls and regulations,to modify goals or types of renewal activities,to add or change urban renewal projects,or to amend property acquisition and disposition provisions.The City Council may amend this Plan in accordance with applicable state law. S.EFFECTIVE PERIOD This Amendment ¹2 to the Waukee West Urban Renewal Plan will become effective upon its adoption by the City Council and will remain in effect as a Plan,as amended,until it is repealed by the City Council. With respect to the property included within the Waukee West 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 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 Waukee West 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 that 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 Waukee West Urban Renewal Area shall be limited as deemed appropriate by the City Council and consistent with all applicable provisions of law. -17- T.SEVERABILITY CLAUSE Any parts of the previous Plan,in conflict with this Amendment,are hereby repealed. If any part of this Amendment 02 or 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. -18- EXHIBIT A LEGAL DESCRIPTION OF AREA Ori inal Area 2017 THE EAST Yz OF THE NE I/4 OF SECTION 35,TOWNSHIP 79 NORTH,RANGE 27 WEST OF THE 5 "P.M.,DALLAS COUNTY,IOWA LYING SOUTH OF THE HIGHWAY 6 RIGHT OF WAY AND EXCEPT FOR THE NORTH 440 FEET OF THE WEST 262 FEET OF THE NE '/4 OF THE NE /4 OF SECTION 35,TOWNSHIP 79 NORTH,RANGE 27 WEST AND THAT AREA WITHIN THE WEST /z OF THE NE '/~OF SECTION 35,TOWNSHIP 79 NORTH,RANGE 27 WEST LYING EAST OF THE CENTERLINE OF R-16 AND 440 FEET SOUTH OF THE NORTH SECTION LINE (INCLUDES THE EAST HALF OF THE ADJOINING R-16 RIGHT OF WAY AND THE SOUTH HALF OF THE ADJOINING HIGHWAY 6 RIGHT OF WAY)(PARCEL ¹1135200003,1135200006,1135200004);AND, THE SE I/4 OF THE SE '/4 OF SECTION 35 AND THAT AREA WITHIN THE SW I/4 OF THE SE '/z OF SECTION 35,TOWNSHIP 79 NORTH,RANGE 27 WEST LYING EAST OF THE CENTERLINE OF R-16 (INCLUDES THE EAST HALF OF THE ADJOINING R-16 RIGHT OF WAY IN THE SE '/4 OF THE SE '/4 AND THE NORTH HALF OF THE ADJOINING 300~STREET RIGHT OF WAY)(PARCEL ¹1135400005);AND, THE NW '/4 OF SECTION 36,TOWNSHIP 79 NORTH,RANGE 27 WEST OF THE 5 " P.M.,DALLAS COUNTY,IOWA LYING SOUTH OF THE HIGHWAY 6 RIGHT OF WAY (INCLUDES ADJOINING SOUTH HALF OF HIGHWAY 6 RIGHT OF WAY AND THE ADJOINING WEST HALF OF RICHLAND PLACE RIGHT OF WAY) (PARCEL ¹1136100001,1136100002,1136100003,1136100004);AND, THE SW '/z OF SECTION 36,TOWNSHIP 79 NORTH,RANGE 27 WEST OF THE 5 a P.M.,DALLAS COUNTY,IOWA (INCLUDES THE NORTH HALF OF THE ADJOINING 300r STREET RIGHT OF WAY AND THE WEST HALF OF THE ADJOINING RICHLAND PLACE RIGHT OF WAY)(PARCEL ¹1136300001, 1136300002,1136300003,1136300004);AND, THE EAST HALF OF SECTION 36,TOWNSHIP 79 NORTH,RANGE 27 WEST OF THE 5~P.M.,DALLAS COUNTY,IOWA EXCEPT THE EAST 7 ACRES OF THE SOUTH '/z OF THE SE '/4 OF SECTION 36,TOWNSHIP 79 NORTH,RANGE 27 WEST (INCLUDES THE ADJOINING SOUTH HALF OF HIGHWAY 6 RIGHT OF WAY, THE ADJOINING EAST HALF OF RICHLAND PLACE RIGHT OF WAY AND THE ADJOINING NORTH HALF OF 300~STREET RIGHT OF WAY)(PARCEL ¹ 1136200001,1136200002,1136200003,1136200004,1136400001,1136400002, 1136400005);AND, THE NORTH Yz OF SECTION 31,TOWNSHIP 79 NORTH,RANGE 26 WEST OF THE 5 P.M.,DALLAS COUNTY,IOWA (INCLUDES THE ADJOINING SOUTH HALF -19- OF HIGHWAY 6 RIGHT OF WAY AND ADJOINING WEST HALF OF T AVENUE RIGHT OF WAY)(PARCEL ¹1231100001,1231100003,1231100002,1231100004, 1231200001,1231200004,1231200002,1231200005,1231200003);AND, THE EAST 57 ACRES OF THE NORTH '/~OF THE SE '/4 OF SECTION 31,TOWNSHIP 79 NORTH,RANGE 26 WEST OF THE 5~~P.M.,DALLAS COUNTY,IOWA (INCLUDES THE ADJOINING WEST HALF OF T AVENUE RIGHT OF WAY) (PARCEL ¹1231400007);AND, THE SE '/~OF THE SE /4 OF SECTION 31,TOWNSHIP 79 NORTH,RANGE 26 WEST OF THE 5 P.M.,DALLAS COUNTY,IOWA (INCLUDES THE ADJOINING WEST HALF OF T AVENUE RIGHT OF WAY AND THE ADJOINING NORTH HALF OF 300~'STREET RIGHT OF WAY)(PARCEL ¹1231400008,1231400009);AND, THE SW '/a OF THE SW '/w OF SECTION 32,TOWNSHIP 79 NORTH,RANGE 26 WEST OF THE 5+P.M.,DALLAS COUNTY,IOWA (INCLUDES THE ADJOINING EAST HALF OF T AVENUE RIGHT OF WAY)(PARCEL ¹1232300003);AND, THE WEST 884.19 FEET OF THE NW '/4 OF THE SW '/4 OF SECTION 31,TOWNSHIP 79 NORTH,RANGE 26 WEST OF THE 5 "P.M.,DALLAS COUNTY,IOWA AND THE EAST 660.98 FEET OF THE WEST 1545.17 FEET OF THE NW '/4 OF THE SW '/4 OF SECTION 31,TOWNSHIP 79 NORTH,RANGE 26 WEST OF THE 5 "P.M., DALLAS COUNTY,IOWA (PARCEL ¹1231300001,1231300007);AND, THE NORTH 26.08 ACRES OF THE NE '/4 OF THE SW '/4 OF SECTION 31, TOWNSHIP 79 NORTH,RANGE 26 WEST OF THE 5 ~P.M.,DALLAS COUNTY, IOWA (PARCEL ¹1231300003);AND, GOVERNMENT LOT 4 AND THE NORTH 340 FEET OF THE WEST 1,337 FEET AND THE SOUTH 193 FEET OF THE NORTH 533 FEET OF THE EAST 313 FEET OF GOVERNMENT LOT 5 ALL IN SECTION 2,TOWNSHIP 78 NORTH,RANGE 27 WEST OF THE 5~P.M.(INCLUDES THE ADJOINING SOUTH HALF OF 300 STREET RIGHT OF WAY AND ADJOINING EAST HALF OF S AVENUE RIGHT OF WAY)(PARCEL ¹1502100001,1502100011);AND, THE SOUTH HALF OF THE NE /4 OF SECTION 25,TOWNSHIP 79 NORTH,RANGE 27 WEST OF THE 5 P.M.,DALLAS COUNTY IOWA (INCLUDES THE ADJOINING WEST HALF OF S AVENUE RIGHT OF WAY)(PARCEL ¹1125200004, 1125200003);AND, THE SE /4 OF SECTION 25,TOWNSHIP 79 NORTH,RANGE 27 WEST OF THE 5 P.M.,DALLAS COUNTY,IOWA (INCLUDES THE ADJOINING WEST HALF OF S AVENUE RIGHT OF WAY AND THE ADJOINING NORTH HALF OF HIGHWAY 6 RIGHT OF WAY)(PARCEL ¹1125400001,1125400004,1125400007,1125400008, 1125400009);AND, ALL OF SECTION 30,TOWNSHIP 79 NORTH,RANGE 26 WEST OF THE 5~P.M., DALLAS COUNTY,IOWA,EXCEPT PARCEL "B"OF THE NORTHEAST I/4 OF THE NORTHWEST I/4 OF SECTION 30,TOWNSHIP 79 NORTH,RANGE 26 WEST 20- OF THE 5TH P.M.,DALLAS COUNTY,IOWA AS SHOWN IN THE SURVEY RECORDED IN BOOK 802,PAGE 672 IN THE OFFICE OF THE DALLAS COUNTY RECORDER.(PARCEL 12-30-100-013)AND EXCEPT PARCEL "CC"OF THE NORTHEAST '/4 OF THE NORTHWEST /4 OF SECTION 30,TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE 5r"P.M.,DALLAS COUNTY,IOWA AS SHOWN IN THE SURVEY RECORDED IN BOOK 2015,PAGE 11658 IN THE OFFICE OF THE DALLAS COUNTY RECORDER (INCLUDES THE ADJOINING EAST HALF OF S AVENUE RIGHT OF WAY,THE ADJOINING NORTH HALF OF HIGHWAY 6 RIGHT OF WAY,THE ADJOINING WEST HALF OF T AVENUE RIGHT OF WAY AND THE ADJOINING SOUTH HALF OF 280~STREET RIGHT OF WAY) (PARCEL 1230100015,1230100010,1230100006,1230100008,1230100009, 1230100016,1230100005,1230300001,1230300002,1230300003,1230300006, 1230300007,1230200001,1230200002,1230200003,1230200004,1230400001, 1230400002,1230400003,1230400004);AND, THE NW '/4 OF THE SW '/4 OF SECTION 29,TOWNSHIP 79 NORTH,RANGE 26 WEST OF THE 5 "P.M.,DALLAS COUNTY,IOWA (INCLUDES THE ADJOINING EAST HALF OF T AVENIJE RIGHT OF WAY)(PARCEL ¹1229300001);AND, THE NORTH HALF OF THE 300m STREET RIGHT OF WAY FROM T AVENUE TO 6~STREET (R-22) Amendment ¹1 Subarea —Pro e Added to Urban Renewal Area b Amendment ¹1 The Northeast Quarter (NE '/4)of the Southeast Quarter (SE '/4)of Section 35,Township 79 North,Range 27 West of the 5th P.M.,Adel Township,Dallas County Iowa and including that area within the NW I/4 of the SE '/~of Section 35,Township 79 North, Range 27 West lying East of the Centerline of R-16 and including the east half of the adjoining R-16 Right of Way.(Parcel ¹11-35-400-003);and, Parcel "B"of the Northeast I/4 of the Northwest I/4 of section 30,township 79 north, range 26 West of the 5th p.m.,Dallas County,Iowa as shown in the survey recorded in book 802,page 672 in the office of the Dallas County Recorder including the south half of 280'"Street Right of Way.(Parcel 12-30-100-013);and, Parcel "CC"of the Northeast N of the Northwest '/4 of section 30,township 79 north, range 26 West of the 5'"p.m.,Dallas County,Iowa as shown in the survey recorded in Book 2015,Page 11658 in the office of the Dallas County Recorder including the south half of 280'"Street Right of Way (Parcel 12-30-100-015);and, Parcel 17-247 of the Northeast Quarter (NE '/4)of the Southwest Quarter (SW '/4)of Section 31,Township 79 North,Range 26 West of the 5'"P.M.,Dallas County,Iowa as shown in the survey recorded in Book 2018,Page 1530 in the office of the Dallas County Recorder (Parcel 12-31-300-008);and, -21 The West 23 acres of the North Half (N '/~)of the Southeast Quarter (SE N)of Section 31,Township 79 North,Range 26 West of the 5'"P.M.(Parcel 12-31-400-006);and, The Northwest Quarter (N W '/4)lying south and west of the railroad right of way in Section 29,Township 79 North,Range 26 West of the 5'"P.M.and including the east half of the adjoining T Avenue right of way (Parcel 12-29-100-001,12-29-100-003,12- 29-100-005);and, The Highway 6 (Hickman Road)right of way from T Avenue to 10'"Street (R-22);and, The 10'"Street (R-22)right of way from Highway 6 (Hickman Road)to the Northwest corner of Section 28,Township 79 North,Range 26 West of the 5'"P.M.;and, The Northwest Quarter (NW '/4)of Section 28,Township 79 North,Range 26 West of the 5'"P.M.(Parcel 12-28-100-005,12-28-100-006,12-28-100-002,12-28-100-003,12-28- 100-004);and, The North Half (N '/)of the Southwest Quarter (SW '/4)of Section 28,Township 79 North,Range 26 West of the 5'"P.M.(Parcel 12-28-300-001,12-28-300-014);and, The North 6'"Street right of way from Highway 6 (Hickman Road)to the north line of the Southeast Quarter (SE /4)of the Southwest Quarter (SW '/4)of Section 28, Township 79 North,Range 26 West of the 5'"P.M.;and, The East three fourths (E '/4)of the Southeast Quarter (SE '/4)of the Southwest Quarter (SW '/4)of Section 28 Township 79 North,Range 26 West of the 5'P.M.except Lot I of Waukee Development Plat,Parcel A of the Southeast Quarter (SE '/4)of the Southwest Quarter (SW '/4)of Section 28,Township 79 North,Range 26 West of the 5'"P.M.and Parcel Z as recorded in Book 2011 Page 16803 in the Dallas County Recorder's Office, Dallas County,Iowa(Parcel 12-28-300-038);and The Northwest Quarter (NW '/4)of the Southwest Quarter (SW '/4)of Section 32, Township 79 North,Range 26 West of the 5'"P.M.and including the adjacent east half of T Avenue right of way (Parcel 12-32-300-001);and, The East Half (E '/z)of the Southwest Quarter (SW '/4)of Section 32,Township 79 North, Range 26 West of the 5'"P.M.(Parcel 12-32-300-002,12-32-300-004);and, The Southeast Quarter (SE '/~)of Section 32,Township 79 North,Range 26 West of the 5'"P.M.(Parcel 12-32-400-001,12-32-400-002,12-32-400-003,12-32-400-004);and, Government Lots I,2,3,4 and 6 in Section 6,Township 78 North,Range 26 West of the 5'"P.M.and including the south half of the adjoining 300'"Street right of way (Parcel 16- 06-200-001,16-06-200-002,16-06-200-003,16-06-200-006,16-06-200-007);and, The East 390.94 feet of the South 922.34 feet of the Southeast Quarter (SE '/4)of the Southwest Quarter (SW '/~)of Section 33,Township 79 North,Range 26 West of the 5'" P.M.(Parcel 12-33-376-004,12-33-376-003);and, -22— Lots A,B and C in Section 5,Township 78 North,Range 26 West of the 5'"P.M.(Parcel 16-05-100-001);and, Lot C in Glynn Village Plat I,an Official Plat,City of Waukee,Iowa (Parcel 16-05-202- 039);and, The North 60 feet of Parcel A in Government Lots 2 and 3,Section 5,Township 78 North,Range 26 West of the 5'"P.M.,City of Waukee,Dallas County,Iowa as recorded in the Warranty Deed and Acquisition Plat in Book 2011,Page 14730,City of Waukee, Dallas County,Iowa;and, Lot C of Windsor West,an Official Plat,City of Waukee,Iowa;and Lot D of Corene Acres Plat 12,an Official Plat,City of Waukee,Iowa;and The University Avenue right of way from the intersection of Warrior Lane to the intersection of LA Grant Parkway;and, The Warrior Lane right of way from the intersection of University Avenue to the intersection of Ashworth Drive;and, Parcel B of Lot 15 of Corene Acres Plat I,an Official Plat,City of Waukee,including the adjoining full right of way of Ashworth Drive and the adjoining full right of way of Northview Drive (Parcel 12-33-426-016);and, Lots 16 and 51 of Corene Acres Plat I,an Official Plat,City of Waukee (Parcel 12-33- 431-018,12-33-431-009). Amendment ¹2 Subarea —Pro e Added to Urban Renewal Area b Amendment ¹2 The Southeast '/4 of Section 29,Township 79 North,Range 26 West of the 5'"P.M, except the South 420 feet of the North Yz of the Southeast '/4 of Section 29,Township 79 North,Range 26 West of the 5'"P.M.,lying east of the former railroad right of way (Parcel ¹1229400011)and including the west half of 10'Street (U Avenue)Right of Way (Parcel ¹12-29-400-013,12-29-400-012,12-29-400-005,12-29-400-014,12-29- 400-016,12-29-100-006,12-29-400-007,12-29-400-008);and, That part of the Raccoon River Valley Trail lying in the Northwest '/4 of Section 29, Township 79 North,Range 26 West of the 5'"P.M.and the Southwest of the Northeast '/4 of Section 29,Township 79 North,Range 26 West of the 5'"P.M.(Parcel ¹12-29-100- 006). -23 EXHIBIT B WAUKEE WEST URBAN RENEWAL AREA MAP AS AMENDED BY AMENDMENT ¹2 Legend 8 I city Llmlts~Waukee West URAAmendment ¹1 -2018~Waukee West URAAmendment ¹2-2018~Waukee llVest 0 RA 20 t 7 -24- EXHIBIT C AGREEMENTS TO INCLUDE AGRICULTURAL LAND IN THE WAUKEE WEST URBAN RENEWAL AREA WHEREAS,the City of Waukee,Iowa,(the "City")has proposed the Amendment //2 to the Waukee West Urban Renewal Plan (the "Plan")for the Waukee West 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 //2,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: -25-