HomeMy WebLinkAbout2019-10-21-J01R Waukee Crossing LLC Dev Agr_Set PHCITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: October 21, 2019
AGENDA ITEM:Consideration of approval of a resolution fixing date for a public hearing
on the proposal to enter into a Development Agreement with Waukee
Crossing, LLC
FORMAT:Consent Agenda
SYNOPSIS INCLUDING PRO & CON: Development Agreement between the City and
Waukee Crossing, LLC, to provide incentives for development and
infrastructure improvements.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT:
RECOMMENDATION: Approve the resolution setting the date of public hearing.
ATTACHMENTS: I. Proposed Resolution
PREPARED BY:Becky Schuett
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
AGENDA ITEM: J1R
RESOLUTION NO. ______
RESOLUTION FIXING DATE FOR A PUBLIC HEARING ON
THE PROPOSAL TO ENTER INTO A DEVELOPMENT
AGREEMENT WITH WAUKEE CROSSING, LLC, AND
PROVIDING FOR PUBLICATION OF NOTICE THEREOF
WHEREAS, on November 4, 2019, this Council will consider whether certain areas located
within the City are eligible and should be designated as an urban renewal area under Iowa law,
and will consider the adoption of the Waukee Consolidated Urban Renewal Plan (the "Urban
Renewal Plan" or "Plan") which proposes to consolidate the Gateway Economic Development
Urban Renewal Area, the Waukee West Urban Renewal Area, and the Waukee Central Urban
Renewal Area into a single urban renewal area to be known as the Waukee Consolidated Urban
Renewal Area and add property to the consolidated area (the "Urban Renewal Area" or "Area"),
which Plan, if adopted, will be on file in the office of the Recorder of Dallas County; 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 Waukee Crossing, LLC (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 construct certain Minimum Improvements and Public Improvements (as those terms are
defined in the Agreement) on certain real property located within the Urban Renewal Area as
defined and legally described in the Agreement, the Minimum Improvements consisting of the
construction of commercial buildings and related parking and site improvements, together with all
related site improvements, as outlined in the proposed Agreement; and
WHEREAS, the Agreement further proposes that the City will make up to five (5)
consecutive annual payments of Economic Development Grants to Developer consisting of 100%
of the Tax Increments pursuant to Section 403.19, Code of Iowa, and generated by the construction
of the Minimum Improvements, as defined in the Agreement, the cumulative total for all such
payments not to exceed the lesser of $262,000, or the Approved Costs for the Public
Improvements, under the terms and following satisfaction of the conditions set forth in the
Agreement; and
WHEREAS, the Agreement further proposes that the City will construct certain City Public
Improvements (as defined in the Agreement) in support of the Project; and
WHEREAS, Chapters 15A and 403, Code of Iowa, (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, Code of Iowa, 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,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 THE CITY OF
WAUKEE IN THE STATE OF IOWA:
Section 1.That this Council meet in the Council Chambers, City Hall, 230 West Hickman
Road, Waukee, Iowa, at 5:30 P.M. on November 4, 2019, for the purpose of taking action on the
matter of the proposal to enter into an Agreement with Waukee Crossing, LLC.
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 form:
(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 WAUKEE CROSSING, LLC, AND THE
HEARING THEREON
PUBLIC NOTICE is hereby given that the Council of the City of Waukee in the State of Iowa, will
hold a public hearing on November 4, 2019, at 5:30 P.M. in the Council Chambers, City Hall, 230 West
Hickman Road, Waukee, Iowa, at which meeting the Council proposes to take action on the proposal to
enter into a Development Agreement (the "Agreement") with Waukee Crossing, LLC (the "Developer").
The Agreement would obligate the Developer to construct certain Minimum Improvements and
Public Improvements (as those terms are defined in the Agreement) on certain real property located within
the proposed Waukee Consolidated Urban Renewal Area, as defined and legally described in the
Agreement, the Minimum Improvements consisting of the construction of commercial buildings and related
parking and site improvements, together with all related site improvements, under the terms and following
satisfaction of the conditions set forth in the Agreement.
The Agreement would further obligate the City to make up to five (5) consecutive annual payments
of Economic Development Grants to Developer consisting of 100% of the Tax Increments pursuant to
Section 403.19, Code of Iowa, and generated by the construction of the Minimum Improvements, as defined
in the Agreement, the cumulative total for all such payments not to exceed the lesser of $262,000, or the
Approved Costs for the Public Improvements, under the terms and following satisfaction of the conditions
set forth in the Agreement.
The Agreement further proposes that the City will construct certain City Public Improvements (as
defined in the Agreement) in support of the Project.
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 of Iowa, as
provided by Section 364.6, Code of Iowa.
Dated this 21st day of October, 2019.
Rebecca D. Schuett
City Clerk, City of Waukee in the State of Iowa
(End of Notice)
PASSED AND APPROVED this 21st day of October, 2019.
Mayor
ATTEST:
City Clerk