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