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HomeMy WebLinkAbout2013-10-21-Resolution 13-257_Gateway Economic Development Urban Renewal PlanRESOLUTION NO.13-257 RESOLUTION DETERMINING AN AREA OF THE CITY TO BE AN ECONOMIC DEVELOPMENT AREA,AND THAT THE REHABILITATION,CONSERVATION,REDEVELOPMENT, DEVELOPMENT,OR A COMBINATION THEREOF,OF SUCH AREA IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY; DESIGNATING SUCH AREA AS APPROPRIATE FOR URBAN RENEWAL PROJECTS;AND ADOPTING THE GATEWAY ECONOMIC DEVELOPMENT URBAN RENEWAL PLAN WHEREAS,this Council has reasonable cause to believe that the area described below satisfies the eligibility criteria for designation as an urban renewal area under Iowa law;and WHEREAS,a proposed Gateway Economic Development Urban Renewal Plan ("Plan")for the Gateway Economic Development Urban Renewal Area ("Urban Renewal Area"or "Area")described below has been prepared,which proposed Plan is on file in the office of the City Clerk and which is incorporated herein by reference;and WHEREAS,this proposed Urban Renewal Area includes and consists of: The Southwest y"of the Southwest y"of Section 26,Township 79 North, Range 26 West of the 5th P.M.and adjacent Alice's Road Right of Way and adjacent Hickman Road (U.S.Highway 6)Right of Way (Parcel #12-26- 300-005 and #12-26-300-004),and A parcel of land within the Southeast y"of the Southwest 1;"of Section 26, Township 79 North,Range 26 West of the 5th P.M.beginning at the Southwest corner and extending 600 feet to the East,then 295 feet North, then diagonally Northwest to a point 300 feet West and 245 feet North,then 494.5 feet North,then 300 feet west,then 1034.5 feet South to a starting point at the Southwest comer and adjacent Hickman Road (U.S.Highway 6)Right of Way (Parcel #12-26-300-007),and The East Y,of the Northeast y"of Section 34,Township 79 North,Range 26 West of the 5th P.M.and adjacent Alice's Road Right of Way and adjacent Hickman Road (U.S.Highway 6)Right of Way (Parcel #12-34-200-006 and Parcel #12-34-200-005),and The Alice's Road Right of Way extending from the north Right of Way line of Hickman Road (U.S.Highway 6)to the south Right of Way line of University Avenue,and The West 467 feet of the East 1,012 feet of the South 407 feet of the Southeast '14 of the Southwest '14 of Section 35,Township 79 North,Range 26 West of the 5th P.M.and the adjacent University Avenue Right of Way (parcel #12-35-300-005),and Govennnent Lot 3 of Section 4,Township 78 North,Range 26 West of the 5th P.M.,and adjacent SE University Avenue Right of Way (Parcel #16-04- 100-006);and Government Lot 2 of Section 4,Township 78 North,Range 26 West of the s"P.M.,lying south of railroad light of way and adjacent SE University Avenue Right of Way (Parcel #16-04-200-001),and Government Lot 1 of Section 4,Township 78 North,Range 26 West of the 5th P.M.lying south of railroad light of way (Parcel #16-04-200-007),and Government Lot 7,Except Parcel "A";and Government Lot 10,Except Parcel "B"thereof,all in Section 4,Township 78 North,Range 26 West of the 5th P.M.(Parcel #16-04-200-011 and Parcel #16-04-200-013 and Parcel #16-04-200-002),and Outlot X of Grant Park 2,an Official Plat,City of Waukee,Iowa (Parcel # 16-04-200-014),and Government Lot 8 of Section 4,Township 78 North,Range 26 West of the 5th P.M.,(Parcel #16-04-200-008),and Govemment Lot 9 of Section 4,Township 78 North,Range 26 West of the 5th P.M.(Parcel #16-04-200-009),and Government Lot 16 of Section 4,Township 78 North,Range 26 West of the 5th P.M.(Parcel #16-04-200-010),and Government Lot 5 of Section 3,Township 78 North,Range 26 West of the 5th P.M.(Parcel #16-03-100-034)and adjacent west half of the SE Waco Place Right of Way,and Govemment Lot 12 of Section 3,Township 78 North,Range 26 West of the 5th P.M.and the adjacent west half of the SE Waco Place Right of Way (Parcel #16-03-100-006)and, Government Lot 15 of Section 4,Township 78 North,Range 26 West of the 5th P.M.,(parcel #16-04-200-005),and The West 3/8ths of the Southeast Quarter of Section 4,Township 78 North, Range 26 West of the 5th P.M.and the adjacent SE Ashworth Road Right of Way (Parcel #16-04-401-001),and The East V.of the Southwest V.of Section 4,Township 78 North,Range 26 West of the 5"1 P.M.and the adjacent SE Ashworth Road Right of Way (Parcel #16-04-300-004),and The Northeast V.of the Southeast V.and the East 10 acres of the Northwest V.of the Southeast V.of Section 4,Township 78 North,Range 26 West of the 5th P.M.(Parcel #16-04-426-001),and The Northwest V.of the Southwest V.of Section 3,Township 78 North, Range 26 West of the 5th P.M.and the adjacent west half of the SE Waco Place Right of Way except Parcel A as defined within the Plat of Survey recorded in Bk 2009 Pg 18393 (Parcel #16-03-300-015 and Parcel #16-03- 300-014),and All of Dolmage Estates Plat 1,an Official Plat,City of Waukee,Iowa and adjacent SE Ashworth Road Right of Way (Parcel #16-04-478-011 and Parcel #16-04-478-010 and Parcel #16-04-478-009 and Parcel #16-04- 478-008 and Parcel #16-04-478-007 and Parcel #16-04-477-009 and Parcel #16-04-477-008 and Parcel #16-04-477-007 and Parcel #16-04- 477-006 and Parcel #16-04-477-005 and Parcel #16-04-451-005 and Parcel #16-04-451-006 and Parcel #16-04-451-007),and All of Dohnage Estates Plat 2,an Official Plat,City of Waukee,Iowa (Parcel #16-04-477-001 and Parcel #16-04-477-002 and Parcel #16-04- 477-003 and Parcel #16-04-477-001 and Parcel #16-04-451-001 and Parcel #16-04-451-002 and Parcel #16-04-451-003 and Parcel #16-04- 451-004 and Parcel #16-04-476-002 and Parcel #16-04-476-003 and Parcel #16-04-476-004 and Parcel #16-04-476-005 and Parcel #16-04- 476-006 and Parcel #16-04-478-001 and Parcel #16-04-478-002 and Parcel #16-04-478-003 and Parcel #16-04-478-004),and The East 10 acres of the Southwest V.of the Southeast V.and the Southeast V.of the Southeast V.of Section 4,Township 78 North,Range 26 West of the 5th P.M.,except Dolmage Estates Plat 1,an Official Plat,City of Waukee,Iowa and except Dolmage Estates Plat 2,an Official Plat,City of Waukee,Iowa (Parcel #16-04-478-006 and Parcel #16-04-476-001),and The Southwest V.of the Southwest V.of Section 3,Township 78 North, Range 26 West of the 5th P.M.and the adjacent SE Ashworth Road Right of Way and the adjacent SE Waco Place Right of Way (Parcel #16-03-300- 004 and Parcel #16-03-300-005 and Parcel #16-03-300-006 and Parcel # 16-03-300-007 and Parcel #16-03-300-008 and Parcel #16-03-300-009), and The Northeast V.of the Northwest V.of Section 9,Township 78 North, Range 26 West of the 5th P.M.and the adjacent SE Ashworth Road Right of Way (Parcel #16-09-100-007),and The Northwest V.of the Northeast V.and the North 5 acres of the Southwest V.of the Northeast V.all within Section 9,Township 78 North,Range 26 West of the 5th P.M.and the adjacent SE Ashworth Road Right of Way and the adjacent SE Vermillion Court Right of Way (Parcel #16-09-200-001), and The Northeast V.of the Northeast V.of Section 9,Township 78 North, Range 26 West of the 5th P,M.and the adjacent SE Ashworth Road Right of Way and the adjacent SE Vermillion Court Right of Way (Parcel #16-09- 200-002),and The Northwest V.of the Northwest V.of Section 10,Township 78 North, Range 26 West of the 5th P.M.and the adjacent SE Ashworth Road Right of Way (Parcel #16-10-100-001),and The Southeast V.of the Northeast V.of Section 9,Township 78 North, Range 26 West of the 5th P.M.,except the 11 acres for Interstate 80 and the adjacent SE Vermillion Court Right of Way (Parcel #16-09-200-004),and The South \0.of the Northwest V.of Section 10,Township 78 North,Range 26 West of the 5th P.M.,located north ofInterstate 80 (Parcel #16-10-100- 007),and The Northwest V.of the Southeast V.of Section of Section 9,Township 78 North,Range 26 West of the 5th P.M.located north ofInterstate 80 (Parcel #16-09-400-001),and The South 35 acres of the Southwest y"of the Northeast y"and the Southeast y"of the Northwest y"and the Northeast y"of the Southwest y"all within Section 9,Township 78 North,Range 26 West of the 5th P.M., EXCEPT the area lying 15.00 feet in width on each side of the following described line or line extended:Commencing as a point of reference at the West y"corner of said Section 9;thence South 00°39'25"West (all bearings referenced to Grid North Iowa State Plane Coordinate System South Zone),a distance 892.50 feet along the West line ofNW y"SW y"of said Section 9;thence South 89°20'35"East,a distance of 1,308.61 feet to a point on the West line of said NE y"SW y",said point being the point of beginning;thence North 36°09'50"East,a distance of 262.58 feet;thence North 69°25'13"East,a distance of 435.00 feet;thence North 34°26'08" West,a distance of 165.00 feet;thence North 05°00'03"East,a distance of 210.00 feet;thence North 46°19'55"East,a distance of 170.00 feet;thence North 36°39'43"East,a distance of 252.00 feet;thence North 31 °32'07" East,a distance of 392.00 feet;thence South 89°27'15"East,a distance of 360.00 feet;thence North 77°24'35"East,a distance of 125.87 feet to the West line of an Acquisition Plat Exhibit "A"recorded in Annexation Book 14 Page 268 in said Dallas County Recorder's Office.(Parcel #16-09-200- 003 and Parcel #16-09-100-013 and Parcel #16-09-300-005),and Government Lot 4 of Section 3,Township 78 North,Range 26 West of the 5'h P.M.located west of the centerline of SE Waco Place Right of Way and the adjacent SE University Avenue Right of Way (Parcel #16-03-100-001 and Parcel #16-03-501-003 and Parcel #16-03-100-013 and Parcel #16- 03-100-002 and Parcel #16-03-100-012);and WHEREAS,the proposed urban renewal area includes land classified as agricultural land and written permission of the current owners has been obtained;and WHEREAS,some of agricultural landowners ofland described in Resolution No. 13-239 adopted September 16,2013 did not consent to their land being put into the Urban Renewal Area so their properties have been excluded from the above legal description; and WHEREAS,it is desirable that these areas be redeveloped as part of the overall redevelopment area covered by the proposed Gateway Economic Development Urban Renewal Plan to be known hereafter as the "Gateway Economic Development Urban Renewal Plan";and WHEREAS,the Iowa statutes require the City Council to submit the proposed Gateway Economic Development Urban Renewal Plan to the Planning and Zoning Connnission for review and recommendation as to its conformity with the general plan for development of the City as a whole,prior to City Council approval thereof;and WHEREAS,creation of the Gateway Economic Development Urban Renewal Area and adoption of the Gateway Economic Development Urban Renewal Plan therefore has been approved by the Planning and Zoning Commission for the City as being in conformity with the general plan for development of the City as a whole,as evidenced by its written report and recommendation filed herewith,which report and recommendation is hereby accepted,approved in all respects and incorporated herein by this reference;and WHEREAS,by resolution adopted on September 16,2013,this Council directed that a consultation be held with the designated representatives of all affected taxing entities to discuss the proposed Gateway Economic Development Urban Renewal Plan and the division of revenue described therein,and that notice of the consultation and a copy of the proposed Gateway Economic Development Urban Renewal Plan be sent to all affected taxing entities;and WHEREAS,pursuant to such notice,the consultation was duly held as ordered by the City Council and all required responses to the recommendations made by the affected taxing entities,if any,have been timely made as set forth in the report of the City Administrator or his designee filed herewith and incorporated herein by this reference, which report is in all respects approved;and WHEREAS,by resolution this Council also set a public hearing on the adoption of the proposed Gateway Economic Development Urban Renewal Plan for this meeting of the Council,and due and proper notice of the public hearing was given,as provided by law,by timely publication in the Des Moines Register,which notice set forth the time and place for this hearing and the nature and purpose thereof;and WHEREAS,in accordance with the notice,all persons or organizations desiring to be heard on the proposed Gateway Economic Development Urban Renewal Plan,both for and against,have been given an opportunity to be heard with respect thereto and due consideration has been given to all comments and views expressed to this Council in connection therewith and the public hearing has been closed, NOW,THEREFORE,BE IT RESOLVED,BY THE CITY COUNCIL OF THE CITY OF WAUKEE,STATE OF IOWA: Section 1.That the findings and conclusions set forth or contained in the proposed "Gateway Economic Development Urban Renewal Plan"for the area of the City of Waukee,State ofIowa,legally described and depicted in the Plan and incorporated herein by reference (which area shall hereinafter be known as the "Gateway Econon:ric Development Urban Renewal Area"),be and the same are hereby adopted and approved as the findings of this Council for this area. Section 2.This Council further finds: A.Although relocation is not expected,a feasible method exists for the relocation of any families who will be displaced from the Gateway Economic Development Urban Renewal Area into decent,safe and sanitary dwelling accommodations within their means and without undue hardship to such families; B.The Urban Renewal Plan,as amended if applicable,conforms to the general plan for the development of the City as a whole;and C.Acquisition by the City is expected and as to those areas of open land to be acquired by the City included within the Gateway Economic Development Urban Renewal Area: 1.Residential use is not expected,however,with reference to any portions thereof which are to be developed for residential uses,this City Council hereby determines that a shortage of housing of sound standards and design with decency,safety and sanitation exists within the City;that the acquisition of the area for residential uses is an integral part of and essential to the program of the municipality;and that one or more of the following conditions exist: A.That the need for housing accommodations has been or will be increased as a result of the clearance of slums in other areas, including other portions of the urban renewal area. B.That conditions of blight in the municipality and the shortage of decent,safe and sanitary housing cause or contribute to an increase in and spread of disease and crime,so as to constitute a menace to the public health,safety,morals,or welfare. C.That the provision of public improvements related to housing and residential development will encourage housing and residential development which is necessary to encourage the retention or relocation of industrial and commercial enterprises in this state and its municipalities. D.The acquisition of the area is necessary to provide for the construction of housing for low and moderate income families. 2.Non-residential use is expected and with reference to those portions thereof which are to be developed for non-residential uses,such non- residential uses are necessary and appropriate to facilitate the proper growth and development of the City in accordance with sound planning standards and local community objectives. Section 3.That the Gateway Economic Development Urban Renewal Area is an economic development area within the meaning ofIowa Code Chapter 403;that such area is eligible for designation as an urban renewal area and otherwise meets all requisites under the provisions of Chapter 403 of the Code of Iowa;and that the rehabilitation, conservation,redevelopment,development,or a combination thereof,of such area is necessary in the interest of the public health,safety or welfare of the residents of this City. Section 4.That the Gateway Economic Development Urban Renewal Plan, attached hereto as Exhibit 1 and incorporated herein by reference,be and the same is hereby approved and adopted as the "Gateway Economic Development Urban Renewal Plan for the Gateway Economic Development Urban Renewal Area";the Gateway Economic Development Urban Renewal Plan for such area is hereby in all respects approved;and the City Clerk is hereby directed to file a certified copy of the Gateway Economic Development Urban Renewal Plan with the proceedings of this meeting. Section 5.That,notwithstanding any resolution,ordinance,plan,amendment or any other document,the original Gateway Economic Development Urban Renewal Plan shall be in full force and effect from the date of this Resolution until the Council amends or repeals the Plan.Said Gateway Economic Development Urban Renewal Plan shall be forthwith certified by the City Clerk,along with a copy of this Resolution,to the Recorder for Dallas County,Iowa,to be filed and recorded in the manner provided by law. PASSED AND APPROVED this 21st day of October,2013. ATTEST: City Clerk ROLL CALL VOTE Shane Blanchard Casey L.Harvey Shelly Hughes C.Isaiah McGee Mike Watts AYE X X X NAY ABSENT ABSTAIN X X Label the Plan as Exhibit 1 (with all exhibits)and attach it to this Resolution. GATEWAY ECONOMIC DEVELOPMENT URBAN RENEWAL PLAN for the GATEWAY ECONOMIC DEVELOPMENT URBAN RENEWAL AREA WAUKEE,IOWA October,2013 SIMMERING-CORY,INC. Finall0/2l/13 TABLE OF CONTENTS SECTION A.INTRODUCTION B.DESCRIPTION OF THE URBAN RENEWAL AREA C.DISTRICT DESIGNATION D.mSTORY AND PURPOSE E.BASE VALUE F.DEVELOPMENT PLAN G.AREA OBJECTIVES H.TYPE OF RENEWAL ACTNITIES 1.PROPOSED 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.SEVERABILITY Q.URBAN RENEWAL PLAN AMENDMENTS R.EFFECTNE PERIOD EXLCfIBITS A.LEGAL DESCRIPTION OF AREA B.URBAN RENEWAL AREA MAP C.AGREEMENT TO INCLUDE AGRICULTURAL LAND Final 10/21/13 -2 - Urban Renewal Plan Gateway Economic Development Urban Renewal Area City of Waukee,Iowa A.INTRODUCTION This Gateway Economic Development 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 connnitment,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 ofIowa,as amended. B.DESCRIPTION OF THE URBAN RENEWAL AREA The Gateway Economic Development Urban Renewal Area ("Area"or "Urban Renewal Area")is described in Exhibit A and illustrated in Exhibit B. The City reserves the right to modify the boundaries of the Area at some future date. C.DISTRICT DESIGNATION With the adoption of this Plan,the City of Waukee will designate this Gateway Economic Development Urban Renewal Area as an economic development district that is appropriate for the promotion of new commercial and light industrial development. D.HISTORY AND PURPOSE The City's first Urban Renewal Area was established in 1988.Over the years,as the City continued to grow and commercial development opportunities became available,the City created and amended several new urban renewal areas.In 2004, the City linked the various urban renewal areas that had been created in previous years. In 2011,the City of Waukee approved a Unified Urban Renewal Plan and Amendment No.1.The 201 I Unified Plan continued the City's objective to consolidate and link the urban renewal areas in order to maximize the future Final 10/21/13 -3 - expenditures of incremental property tax revenues necessary to promote economic development.Amendment Nos.2 and 3 followed. The City of Waukee is now in the final stages of receiving approval for a new interchange offInterstate 80.Work on the connecting corridor (Alice's Road)to the new interchange is anticipated to begin in the fall of2013 with the interchange work beginning in the summer of20l4. When the interchange and connecting corridor are completed,it will open up over 1,000 acres of available land for development.Through planning studies that have been completed,it is estimated that,over time,this new development area can support up to 7,000 additional residential units and 8.8 million square feet of commercial and office development.This development potential equates to an additionall5,000 residents and between 20,000 and 25,000 new jobs. A new Urban Renewal Area,which the City has designated as the Gateway Economic Development Area,is being established to include all of the existing undeveloped property within the proposed corridor as well as the existing right-of- way for those corridor improvements which will be completed over the next several years. The majority of the area to be included in the new Gateway development corridor is now a pari of the Unified Urban Renewal Area but has remained undeveloped due to lack of public infrastructure.Simultaneously with the adoption of the Gateway Economic Development Area,the City is also amending its Unified Urban Renewal Area,described above,to reflect changes in that Area's uses and development opportunities. With the construction of the new interchange,Waukee will be provided with a direct access to Interstate 80.This new interstate connection will provide new and unique opportunities to the community,including: •Development potential for highway service businesses which primarily rely on the traveler as a market. •Attractive access for companies in need of the interstate corridor such as those that are transportation based,market oriented,or distribution related. •Convenient traffic access which translates into reduced travel time for connnuters. •Large lot tracts of developable land appropriate for companies in need of minimal congestion,convenience to suburban workforce,and new appropriately-sized infrastructure. •Potential to recruit big box retailers who draw from a more regional customer base and who rely on the ease of access made available by locating near the Interstate. Final 10/21/13 -4- In order to accommodate this new development,it is estimated that various infrastructure and development projects will cost in the range of $45 -$50 million and will be completed over the next several years.In addition to incremental taxes,the City intends to apply for available federal and state dollars as a funding resource. As the City begins to invest millions of dollars in infrastructure to support this new corridor,City officials believe it is necessary to remove from the Unified Urban Renewal Area those parcels which are undeveloped to date and to re-establish those areas as a new and separate Urban Renewal Area. Creating this new Area will allow the City to plan for,execute and pay for the costs of the necessary public infrastructure to service new development and will allow the City the ability to maximize future expenditures of incremental property tax revenues to promote economic development within the new connecting corridor. Eo BASE VALUE If the Gateway Economic Development Urban Renewal Area is legally established and debt is certified prior to December 1,2013,the taxable valuation within the district as of January 1,2012,will be considered the "base valuation."If debt is not certified until a later date,the "base value"will be the assessed value of the taxable property in the Urban Renewal Area as of J anuary 1 of the calendar year preceding the calendar year in which the City first certifies the amount of any debt. 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. F.DEVELOPMENT PLAN Waukee has a general plan for development outlined in the Waukee Comprehensive Land Use Plan,adopted in 2008.This Urban Renewal Plan is consistent with the 2008 Comprehensive Plan and the land use policy and priorities that were adopted as part of the planning process.Specific objectives identified in the Comprehensive Plan include,but are not limited to,a connected citizenry involving the creation of strong civic gathering places;a successful and economically viable downtown;business environments that define the future through innovation and creativity;and mixed-use and neighborhood integrated commercial developments which maintain a strong retail base and are designed to be sustainable. Final 10/21/13 -5 - The Gateway Economic Development Urban Renewal Area is primarily zoned agricultural,commercial,and commercial office.A small portion of the Area is zoned Multi-Family Residential and Townhomes. This Urban Renewal Plan does not change or in any way replace the City's current land use planning or zoning regulation process. G.AREA 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 Gateway Economic Development Urban Renewal Area are as follows: 1.To stimulate through public action and commitment,private investment in new commercial and light industrial development. 2.To plan for and provide sufficient land for commercial and light industrial development in a manner that is efficient from the standpoint of providing municipal services. 3.To provide for the installation of public infrastructure and other public facilities which contribute to the sound development in the Area. 4.To provide a more marketable and attractive investment climate. 5.To achieve a diversified,well-balanced economy providing a desirable standard of living,creating job opportunities,and strengthening the tax base. H.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.To undertake and carry out urban renewal projects through the execution of contracts and other instruments. Final 10121/13 -6 - 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. 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 tenus 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 ally 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 ofIowa. 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. Final 10/21/13 -7- I.PROPOSED PROJECTS Although certain project activities may occur over a period of years,the Proposed Urban Renewal Projects under this Plan include: 1)Public Improvements: Project Estimated Estimated Cost Rationale Date Alice's Road Extension 2013-$8,610,000 Commercial Corridor (Ashworth -University 2014 Roadway Expansion Alice's Road Intersection 2014 $2,300,000 Commercial Corridor Improvements Roadway Expansion (University Avenue) Alice's Road 2014 $350,000 Commercial Corridor Enhancements,including Roadway Expansion but not limited to traffic signals and the installation of recreational trails Alice's Road Streetscape,2014 $3,000,000 Commercial Corridor including but not limited Roadway Expansion to medians,lighting, landscaping,and special features Alice's Road Interchange 2014-$6,800,000 Commercial Corridor (On-off ramps)2015 Interchange Expansion Alice's Road Paving-2014-$2,470,000 Commercial Conidor (Ashworth to 1-80)2015 Roadway Expansion Alice's Road Expansion 2016 $13,400,000 Commercial Corridor (University to Hickman)Roadway Expansion TOTAL $36,930,000 2)Development Agreements: 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. Final 10/21/13 -8 - 3)Related Planning Costs: Planning,engineering fees for planning work,and legal fees to support proposed urban renewal projects are estimated not to exceed $2,000,000. J.FINANCIAL DATA l.July 1,2013,constitutional debt limit:$54,995,155 2.Current outstanding general obligation debt:$28,547,418 3.Proposed amount of indebtedness to be incurred: A specific amount of debt to be incurred for the Proposed Urban Renewal Projects has not yet been determined,This document IS for planning purposes,The estimated proj ect costs in tbis 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 proj ect 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 Proposed Urban Renewal Projects as described above will be $48,030,000 - approximately:$50,030,000 K.AGREEMENT TO INCLUDE AGRICULTURAL LAND Because some of the area being added to the Gateway Economic Development Urban Renewal Area contains land that is defined as "agricultural land"by Iowa Code Section 403.17(3),the City and property owner have entered into an agreement in which the property owner agrees to allow the City to include real property defined as "Agricultural Land"in the Urban Renewal Area.A form of the agreement is attached as 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. The City of Waukee has the statutory authority to use a variety of tools to finance physical improvements within the Area.These include: Finall0/21113 -9- 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 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 proposed 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 and in any event upon the expiration of the tax increment district. B.General Obligation Bonds. Under Sections 384.23 to 384.36 and/or 403.12 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.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. 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 the urban renewal projects identified in this Plan related to commercial or light industrial development.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 Area.Altematively,the City may determine to use available funds for making such loans or grants or other incentives related to urban renewal projects. 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. Final 10121/13 -10 - M.PROPERTY ACQUISITIONillISPOSITION 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 REQUIREMENTS All provisions neceSSalY 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.SEVERABILITY In the event one or more provisions contained in the Urban Renewal Plan,as amended,shall be held for any reason to be invalid,illegal,unauthorized or unenforceable in any respect,such invalidity,illegality,unauthorization OT enforceability shall not affect any other provision of this Urban Renewal Plan,and this Urban Renewal Plan shall be construed and implemented as if such provisions had never been contained herein. Q.URBAN RENEWAL PLAN AMENDMENTS This Urban Renewal Area Plan may be amended from time to time for a number of reasons,including but not limited to,change in the Area,to add OT change land use controls and regulations,to modify goals OT types of renewal activities,OT to amend property acquisition and disposition provisions.The City Council may amend tills Plan pursuant to appropriate procedures under Iowa Code Chapter 403. R.EFFECTIVE PERIOD This Urban Renewal Plan will become effective upon its adoption by the City Council and will remain in effect as a Plan until it is repealed by the City Council. During the life of this Plan,the City Council may designate all OT any portion of the property covered by this Plan as a "tax increment area."With respect to ally property covered by this Plan which is included in an ordinance which designates that property as a tax increment area,the use of incremental property tax revenues, OT the "division of revenue,"as those words are used in Chapter 403 of the Code of Final 10/21/13 -II - Iowa,is limited to twenty (20)years from the 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 revenue attributable to the Area within the ordinance. Final 10121/13 -12 - EXHIBIT A LEGAL DESCRIPTION OF AREA The Gateway Economic Development Urban Renewal Area IS described as follows: The Southwest y"of the Southwest y"of Section 26,Township 79 North,Range 26 West of the Sth P.M.and adjacent Alice's Road Right of Way and adjacent Hickman Road (U.S.Highway 6)Right of Way (Parcel #12-26-300-00S and #12- 26-300-004),and A parcel of land within the Southeast y"of the Southwest y"of Section 26, Township 79 North,Range 26 West of the Sth P.M.beginning at the Southwest corner and extending 600 feet to the East,then 29S feet North,then diagonally Northwest to a point 300 feet West and 24S feet North,then 494.S feet North,then 300 feet west,then 1034.S feet South to a starting point at the Southwest corner and adjacent Hickman Road (U.S.Highway 6)Right of Way (Parcel #12-26-300- 007),and The East %of the Northeast y"of Section 34,Township 79 North,Range 26 West of the Sth P.M.and adjacent Alice's Road Right of Way and adjacent Hickman Road (U.S.Highway 6)Right of Way (Parcel #12-34-200-006 and Parcel #12-34- 200-00S),and The Alice's Road Right of Way extending from the north Right of Way line of Hickman Road (U.S.Highway 6)to the south Right of Way line of University Avenue,and The West 467 feet of the East 1,012 feet of the South 407 feet of the Southeast y" of the Southwest y"of Section 3S,Township 79 North,Range 26 West of the Sth P.M.and the adjacent University Avenue Right of Way (Parcel #12-3S-300-00S), and Government Lot 3 of Section 4,Township 78 North,Range 26 West of the Sth P.M.,and adjacent SE University Avenue Right of Way (Parcel #16-04-100-006); and r'I -~--~~••-_.---~--~----~--thGovcmmcntLotLotSection4,Townshtp '/'6 North,Range 26 West ot the 5 ~ P.M.,lying south of railroad light of way and adjacent SE University Avenue Right of Way (Parcel #16-04-200-001),and Government Lot 1 of Section 4,Township 78 North,Range 26 West of the Sth P.M.lying south of railroad right of way (Parcel #16-04-200-007),and Finall0I2l!13 -13 - Government Lot 7,Except Parcel "A";and Government Lot 10,Except Parcel "B" thereof,all in Section 4,Township 78 North,Range 26 West of the 5th P.M. (Parcel #16-04-200-011 and Parcel #16-04-200-013 and Parcel #16-04-200-002), and Outlot X of Grant Park 2,an Official Plat,City of Waukee,Iowa (Parcel #16-04- 200-014),and Government Lot 8 of Section 4,Township 78 North,Range 26 West of the 5th P.M.,(Parcel #16-04-200-008),and Government Lot 9 of Section 4,Township 78 North,Range 26 West of the 5th P.M.(Parcel #16-04-200-009),and Government Lot 16 of Section 4,Township 78 North,Range 26 West of the 5th P.M.(Parcel #16-04-200-010),and Government Lot 5 of Section 3,Township 78 North,Range 26 West of the 5th P.M.(Parcel #16-03-100-034)and adjacent west half of the SE Waco Place Right of Way,and Government Lot 12 of Section 3,Township 78 North,Range 26 West of the 5th P.M.and the adjacent west half of the SE Waco Place Right of Way (Parcel #16- 03-100-006)and, Government Lot 15 of Section 4,Township 78 North,Range 26 West of the 5th P.M.,(Parcel #16-04-200-005),and The West 3/8ths of the Southeast Quarter of Section 4,Township 78 North,Range 26 West of the 5th P.M.and the adjacent SE Ashworth Road Right of Way (Parcel #16-04-401-001),and The East 'I.of the Southwest 'I.of Section 4,Township 78 North,Range 26 West of the 5th P.M.and the adjacent SE Ashworth Road Right of Way (Parcel #16-04- 300-004),and The Northeast 'I.of the Southeast 'I.and the East 10 acres of the Northwest 'I.of the Southeast ~of Section 4,Township 78 North,Range 26 West of the 5th P .M, (Parcel #16-04-426-001),and The Northwest 'I.of the Southwest 'I.of Section 3,Township 78 North,Range 26 West of the s"P.M.and the adjacent west half of the SE Waco Place Right of Final 10/21/13 -14 - Way except Parcel A as defined within the Plat of Survey recorded in Bk 2009 Pg 18393 (Parcel #16-03-300-015 and Parcel #16-03-300-014),and All of Dolmage Estates Plat 1,an Official Plat,City of Waukee,Iowa and adjacent SE Ashworth Road Right of Way (Parcel #16-04-478-011 and Parcel #16-04- 478-010 and Parcel #16-04-478-009 and Parcel #16-04-478-008 and Parcel #16- 04-478-007 and Parcel #16-04-477-009 and Parcel #16-04-477-008 and Parcel # 16-04-477-007 and Parcel #16-04-477-006 and Parcel #16-04-477-005 and Parcel #16-04-451-005 and Parcel #16-04-451-006 and Parcel #16-04-451 -007),and All of Dol mage Estates Plat 2,an Official Plat,City of Waukee,Iowa (Parcel #16- 04-477-001 and Parcel #16-04-477-002 and Parcel #16-04-477-003 and Parcel # 16-04-477-001 and Parcel #16-04-451-001 and Parcel #16-04-451-002 and Parcel #16-04-451-003 and Parcel #16-04-451-004 and Parcel #16-04-476-002 and Parcel #16-04-476-003 and Parcel #16-04-476-004 and Parcel #16-04-476-005 and Parcel #16-04-476-006 and Parcel #16-04-478-001 and Parcel #16-04-478- 002 and Parcel #16-04-478-003 and Parcel #16-04-478-004),and The East 10 acres of the Southwest y"of the Southeast y"and the Southeast y"of the Southeast y"of Section 4,Township 78 North,Range 26 West of the 5th P.M., except Dolmage Estates Plat 1,an Official Plat,City of Waukee,Iowa and except Dolmage Estates Plat 2,an Official Plat,City of Waukee,Iowa (Parcel #16-04- 478-006 and Parcel #16-04-476-001),and The Southwest y"of the Southwest y"of Section 3,Township 78 North,Range 26 West of the 5th P.M.and the adjacent SE Ashworth Road Right of Way and the adjacent SE Waco Place Right of Way (Parcel #16-03-300-004 and Parcel #16- 03-300-005 and Parcel #16-03-300-006 and Parcel #16-03-300-007 and Parcel # 16-03-300-008 and Parcel #16-03-300-009),and The Northeast 114 of the Northwest y"of Section 9,Township 78 North,Range 26 West of the 5th P.M.and the adjacent SE Ashworth Road Right of Way (Parcel # 16-09-100-007),and The Northwest y"of the Northeast y"and the North 5 acres of the Southwest y"of the Northeast y"all within Section 9,Township 78 North,Range 26 West of the 5th P.M.and the adjacent SE Ashworth Road Right of Way and the adjacent SE Vermillion Court Right of Way (Parcel #16-09-200-001),and The Northeast y"of the Northeast y"of Section 9,Township 78 North,Range 26 West of the 5th P.M.and the adjacent SE Ashworth Road Right of Way and the adjacent SE Vermillion Court Right of Way (Parcel #16-09-200-002),and Final 10121/13 -15 - The Northwest Y.of the Northwest Y.of Section 10,Township 78 North,Range 26 West of the 5th P.M.and the adjacent SE Ashworth Road Right of Way (Parcel # 16-10-100-001),and The Southeast Y.of the Northeast Y.of Section 9,Township 78 N01ih,Range 26 West of the 5th P.M.,except the 11 acres for Interstate 80 and the adjacent SE Vermillion Court Right of Way (Parcel #16-09-200-004),and The South Yz of the Northwest Y.of Section 10,Township 78 N01ih,Range 26 West of the 5th P.M.,located north of Interstate 80 (Parcel #16-10-100-007),and The Northwest Y.of the Southeast Y.of Section of Section 9,Township 78 N01ih, Range 26 West of the 5th P.M.located north of Interstate 80 (Parcel #16-09-400- 00l),and The South 35 acres of the Southwest Y.of the Northeast Y.and the Southeast Y.of the Northwest Y.and the Northeast Y.of the Southwest Y.all within Section 9, Township 78 N01ih,Range 26 West of the 5th P.M.,EXCEPT the area lying 15.00 feet in width on each side of the following described line or line extended: Commencing as a point of reference at the West Y.comer of said Section 9;thence South 00°39'25"West (all bearings referenced to Grid North Iowa State Plane Coordinate System South Zone),a distance 892.50 feet along the West line ofNW Y.SW Y.of said Section 9;thence South 89°20'35"East,a distance of 1,308.61 feet to a point on the West line of said NE Y.SW Y.,said point being the point of beginning;thence North 36°09'50"East,a distance of 262.58 feet;thence North 69°25'13"East,a distance of 435.00 feet;thence North 34°26'08"West,a distance of 165.00 feet;thence North 05°00'03"East,a distance of 210.00 feet; thence North 46°19'55"East,a distance of 170.00 feet;thence North 36°39'43" East,a distance of 252.00 feet;thence North 31 °32'07"East,a distance of 392.00 feet;thence South 89°27'15"East,a distance of 360.00 feet;thence North 77°24'35"East,a distance of 125.87 feet to the West line of an Acquisition Plat Exhibit "A"recorded in Annexation Book 14 Page 268 in said Dallas County Recorder's Office.(Parcel #16-09-200-003 and Parcel #16-09-100-013 and Parcel #16-09-300-005),and Government Lot 4 of Section 3,Township 78 North,Range 26 West of the 5th P.M.located west of the centerline of SE Waco Place Right of Way and the adjacent SE University Avenue Right of Way (Parcel #16-03-100-001 and Parcel #16-03-501-003 and Parcel #16-03-100-013 and Parcel #16-03-100-002 and Parcel #16-03-100-012). Final 10/21/13 -16 - Exhibit B Map of Gateway Economic Development Urban Renewal Area ,:=J.-'T'~==1F~-·-:;;;;")1""'-..(J.-"+-Waukee Gateway Economic!l-i '.Development Urban Renewal Area f---+---"--~Ek.1 -L-L-+-~-·-II----+-r ---nIL.,-.....,......,~~~i=i'"~r--1,I -1~tt- Final 10/21/13 -17 - EXHIBITC AGREEMENT TO INCLUDE AGRICULTURAL LAND IN THE GATEWAY ECONOMIC DEVELOPMENT URBAN RENEWAL AREA WHEREAS,the City of Waukee,Iowa,(the "City")has proposed the Gateway Economic Development Urban Renewal Plan ("Plan")for the Gateway Economic Development 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 Area will include certain property designated in the Gateway Economic Development Urban Renewal Plan ("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 defmition 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 ofIowa; 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 area 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 ,2013. Agricultural Land Owner's Name:Agricultural Land Owner's Name: Signature:_Signature:_ Date:_Date:_ Witness:_Witness:_ Approved by the Waukee City Council on the __day of ,2013. Mayor Attest:City Clerk Final 10/21/13 -18 -