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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