HomeMy WebLinkAbout2014-01-21-Resolutions 14-023_Access Technologies - Development AgrRESOLUTION NO.14-023
RESOLUTION APPROVING AND AUTHORIZING
EXECUTION OF A DEVELOPMENT AGREEMENT BY AND
BETWEEN THE CITY OF WAUKEE AND ACCESS
TECHNOLOGIES,INC.
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 0 I-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 form 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 the
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 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
WHEREAS,Iowa Code Chapters 15A and 403 authorize cities to make loans and
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 Chapters,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 plU1Joseand 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 any or all of the factors set forth in Chapter 15A,to wit:
a.Businesses that add diversity to or generate new opportunities for the Iowa
economy should be favored over those that do not.
b.Development policies in the dispensing of the funds should attract,retain,
or expand businesses that produce exports or import substitutes or which
generate tourism-related activities.
c.Development policies in the dispensing or use of the funds should be
targeted toward businesses that generate public gains and benefits,which
gains and benefits are warranted in comparison to the amount of the funds
dispensed.
d.Development policies in dispensing the funds should not be used to attract a
business presently located within the state to relocate to another portion of
the state unless the business is considering in good faith to relocate outside
the state or unless the relocation is related to an expansion which will
generate significant new job creation.Jobs created as a result of other jobs
in similar Iowa businesses being displaced shall not be considered direct
jobs for the purpose of dispensing funds;and
WHEREAS,pursuant to notice published as required by law,this Council has held
a public meeting and hearing upon the proposal to approve and authorize execution of the
Agreement and has considered the extent of objections received from residents or
property owners as to said proposed Agreement;and,accordingly the following action is
now considered to be in the best interests of the City and residents thereof.
NOW THEREFORE,BE IT RESOLVED,BY THE CITY COUNCIL OF THE
CITY OF WAUKEE IN THE STATE OF IOWA:
Section 1.That the performance by the City of its obligations under the
Agreement,including but not limited to making ofloans and grants to the Developer in
connection with the use and development ofthe Development Property under the terms
set f011h in the Agreement,be and is hereby declared to be 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.
Section 2.That the form and content of the Agreement,the provisions of which
are incorporated herein by reference,be and the same hereby are in all respects
authorized,approved and confirmed,and the Mayor and the City Clerk be and they
hereby are authorized,empowered and directed to execute,attest,seal and deliver the
Agreement for and on behalf of the City in substantially the form and content now before
this meeting,but with such changes,modifications,additions or deletions therein as shall
be approved by such officers,and that from and after the execution and delivery of the
Agreement,the Mayor and the City Clerk are hereby authorized,empowered and directed
to do all such acts and things and to execute all such documents as may be necessary to
carry out and comply with the provisions of the Agreement as executed.
:t4ayor
ATTEST:
ROLL CALL VOTE
Shane Blanchard
Brian Harrison
Casey L.Harvey
Shelly Hughes
Rick Peterson
AYE
X
NAY ABSENT ABSTAIN
X
X
X
X