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HomeMy WebLinkAbout2014-01-06-Resolutions 14-007_Access Technologies - Development Agr - Set PHRESOLUTION NO.14-007 RESOLUTION FIXING DATE FOR A PUBLIC HEARING ON THE PROPOSAL TO ENTER INTO A DEVELOPMENT AGREEMENT WITH ACCESS TECHNOLOGIES,INC.,AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS,by Resolution No.93,adopted December 13,1988,this Council found and determined that certain areas located within the City are eligible and should be designated as an urban renewal area under Iowa law,and approved and adopted the Waukee Urban Renewal Plan for the Waukee Urban Renewal Plan Area (the "Waukee Urban Renewal Area").The Waukee Urban Renewal Area was amended by Resolution 00-226,adopted December 18,2000;further amended by Resolution 01-58,adopted April 15,2001;further amended by Resolution 02-139,adopted September 23,2002; further amended by Resolution 03-10,adopted January 6,2003;further amended by Resolution 03-98,adopted April 21,2003;further amended by Resolution 04-159, adopted July 12,2004;and further amended by Resolution 07-95,adopted May 21,2007; and WHEREAS,by Resolution No.197,adopted June 15,1992,this Council found and determined that certain areas located within the City are eligible and should be designated as an urban renewal area under Iowa law,and approved and adopted the Waukee Southwest Urban Renewal Plan for the Waukee Southwest Urban Renewal Plan Area (the "Waukee Southwest Urban Renewal Area");and WHEREAS,by Resolution No.335,adopted March 20,1995,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 Enterprise Business Park Urban Renewal Plan for the Enterprise Business Park Urban Renewal Plan Area (the "Enterprise Business Park Urban Renewal Area");and WHEREAS,by Resolution No.04-272,adopted December 20,2004,this Council approved and adopted an Amendment to Consolidate the Hickman West Urban Renewal Area,Enterprise Business Park Urban Renewal Area,and the Waukee Urban Renewal Areas and add property;and WHEREAS,by Resolution No.11-80 adopted on May 23,2011,this Council approved and adopted Amendment No.1 to the Waukee Unified Urban Renewal Plan in order to:(1)unify all of the City's existing urban renewal areas into a single area;(2) rename the unified areas the Waukee Unified Urban Renewal Area ("Area"or "Urban Renewal Area")and rename the Plan as the Waukee Unified Urban Renewal Plan ("Plan");(3)add additional new property for roads and future development,which property is designated as the Amendment No.1 Area to the Waukee Unified Urban Renewal Area;(4)confirm the list of urban renewal activities that may be undertaken by the City;and (5)designate a part of the new area to be added as appropriate for the remediation of blight;and WHEREAS,by Resolution No.11-224 adopted on December 5,2011,this Council approved and adopted Amendment No.2 to the Waukee Unified Urban Renewal Plan;and WHEREAS,by Resolution No.12-251,adopted November 19,2012,this City Council approved and adopted an Amendment No.3 to the Plan;and WHEREAS,by Resolution No.13-256,adopted October 21,2013,this City Council approved and adopted an Amendment No.4 to the Plan;and WHEREAS,it is desirable that properties within the Area be redeveloped as part of the overall redevelopment area covered by said Plan;and WHEREAS,the City has received a proposal from Access Technologies,Inc.(the "Developer"),in the forrn of a proposed Development Agreement (the "Agreement")by and between the City and the Developer,pursuant to which,among other things,the Developer would agree to relocate its business to certain real property located within tile Waukee Unified Urban Renewal Area as defined and legally described in the Agreement; and WHEREAS,one of the obligations of Developer relates to employment retention and/or creation;and WHEREAS,the Agreement proposes that the City will make up to three (3) consecutive annual payments of Economic Development Grants to Developer according to a sliding percentage scale outlined in the Agreement,in amounts so as to allow Developer to receive the equivalent of 60%property tax abatement,under the terms and following satisfaction of the conditions set forth in tile Agreement;and WHEREAS,the Agreement further proposes that the City will make up to three (3)consecutive annual payments of Value Increase Grants to Developer to reimburse Developer for any increase in property taxes associated with an increase in assessed value in excess of 5%,under the terms and following satisfaction of the conditions set forth in the Agreement;and WHEREAS,the Agreement further proposes that the City will grant Developer a Relocation Grant in the amount of$20,000 to assist with costs associated with Developer's relocation to the Development Property following relocation to and opening of Developer's business on the Development Property,under the terms and following satisfaction of the conditions set forth in the Agreement;and WHEREAS,Iowa Code Chapters 15A and 403 (the "Urban Renewal Law") authorize cities to make grants for economic development in furtherance of the objectives of an urban renewal project and to appropriate such funds and make such expenditures as may be necessary to carry out the purposes of said Chapter,and to levy taxes and assessments for such purposes;and WHEREAS,the Council has determined that the Agreement is in the best interests of the City and the residents thereof and that the performance by the City of its obligations thereunder is a public undertaking and purpose and in furtherance of the Plan and the Urban Renewal Law and,further,that the Agreement and the City's performance thereunder is in furtherance of appropriate economic development activities and objectives of the City within the meaning of Chapters 15A and 403 of the Iowa Code, taking into account the factors set forth therein;and WHEREAS,neither the Urban Renewal Law nor any other Code provision sets forth any procedural action required to be taken before said economic development activities can occur under the Agreement,and pursuant to Section 364.6 ofthe City Code of Iowa,it is deemed sufficient if the action hereinafter described be taken and the City Clerk publish notice of the proposal and of the time and place of the meeting at which the Council proposes to take action thereon and to receive oral and/or written objections from any resident or property owner of said City to such action. NOW THEREFORE,BE IT RESOLVED,BY THE CITY COUNCIL OF TI-IE CITY OF WAUKEE IN THE STATE OF IOWA: Section 1.That this Council meet in the Waukee Community Center,675 Walnut Street,Waukee,Iowa,at 5:30 o'clock P.M.on the 21st day of January,2014,for the purpose of taking action on the matter of the proposal to enter into a Development Agreement with Access Technologies,Inc. Section 2.That the City Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting,in a legal newspaper,printed wholly in the English language,published at least once weekly,and having general circulation in said City,said publication to be not less than four (4)clear days nor more than twenty (20) days before the date of said public meeting. Section 3.The notice of the proposed action shall be in substantially the following fonn: (One publication required) NOTICE OF PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF WAUKEE IN THE STATE OF IOWA, ON THE MATTER OF THE PROPOSAL TO ENTER INTO A DEVELOPMENT AGREEMENT WITH ACCESS TECHNOLOGIES,INC.,AND THE HEARING THEREON PUBLIC NOTICE is hereby given that the Council of the City of Waukee in the State ofIowa,will hold a public hearing on the 21st day of January,2014,at 5:30 o'clock P.M.in the Waukee Community Center,675 Walnut Street,Waukee,Iowa,at which meeting the Council proposes to take action on the proposal to enter into a Development Agreement (the "Agreement")with Access Technologies,Inc.(the "Developer"). The Agreement would obligate the Developer to relocate its business to certain real property located within the Waukee Unified Urban Renewal Area as defined and legally described in the Development Agreement,under the terms and following satisfaction of the conditions set forth in the Agreement.One of the obligations of Developer relates to employment retention and/or creation. WHEREAS,the Agreement proposes that the City will make up to three (3) consecutive annual payments of Economic Development Grants to Developer according to a sliding percentage scale outlined in the Agreement,in amounts so as to allow Developer to receive the equivalent of 60%property tax abatement,under the terms and following satisfaction of the conditions set forth in the Agreement;and WHEREAS,the Agreement further proposes that the City will make up to three (3)consecutive annual payments of Value Increase Grants to Developer to reimburse Developer for any increase in property taxes associated with an increase in assessed value in excess of 5%,under the terms and following satisfaction of the conditions set forth in the Agreement;and WHEREAS,the Agreement further proposes that the City will grant Developer a Relocation Grant in the amount of $20,000 to assist with costs associated with Developer's relocation to the Development Property following relocation to and opening of Developer's business on the Development Property,under the terms and following satisfaction of the conditions set forth in the Agreement;and A copy of the Agreement is on file for public inspection during regular business hours in the office of the City Clerk,City Hall,City of Waukee,Iowa. At the above meeting the Council shall receive oral or written objections from any resident or property owner of said City,to the proposal to enter into the Agreement with the Developer.After all objections have been received and considered,the Council will at this meeting or at any adjournment thereof,take additional action on the proposal or will abandon the proposal to authorize said Agreement. This notice is given by order of the City Council of the City of Waukee in the State ofIowa,as provided by Section 364.6 of the City Code ofIowa. Dated this 6th day ofJanuary,2014. Rebecca D.Schuett City Clerk,City of Waukee in the State of Iowa (End of Notice) PASSED AND APPROVED this 6th day of January,2014. ATTEST: City Clerk ROLL CALL VOTE Shane Blanchard Brian Harrison Casey L.Harvey Shelly Hughes Rick Peterson AYE X X X X X NAY ABSENT ABSTAIN