HomeMy WebLinkAbout2022-08-15 Resolution 2022-347_Set Public Hearing Date, TIC Properties LLC Development AgreementRESOLUTION NO. 2022-347
RESOLUTION FIXING DATE FOR A PUBLIC HEARING ON
THE PROPOSAL TO ENTER INTO A DEVELOPMENT
AGREEMENT WITH TIC PROPERTIES, LLC, AND
PROVIDING FOR PUBLICATION OF NOTICE THEREOF
WHEREAS, by Resolution No. 19-402, adopted November 4, 2019, the City approved and
adopted Amendment No. I to the Waukee Consolidated Urban Renewal Plan (the "Plan" or "Urban
Renewal Plan"), which unified the existing Gateway Economic Development Urban Renewal
Area, Waukee West Urban Renewal Area, and Waukee Central Urban Renewal Area into the
Waukee Consolidated Urban Renewal Area (the "Area" or "Urban Renewal Area") described
therein, which Plan has been subsequently amended several times, most recently by Amendment
No. 5 to the Plan approved by Resolution No. 2021-476 adopted on November 15, 2021, and which
Plan, as amended, is 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 TIC Properties, 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 (as that term is defined in the Agreement) on certain real property
located within the Urban Renewal Area as defined and legally described in the Agreement (the
"Development Property"), which Minimum Improvements include the construction of a new road
anticipated to be dedicated to the City as public infrastructure (the "Public Improvements") and a
60,000 square foot commercial building to be used as a medical center (the "Office Building"),
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 eight (8)
consecutive annual payments of Economic Development Grants to Developer consisting of 80%
of the Tax Increments collected pursuant to Section 403.19, Code of Iowa, and generated by the
construction of the Office Building on the Development Property; the cumulative total for all such
payments not to exceed the lesser of $1,668,467 or the aggregate amount of the Approved Costs
incurred by Developer in completing the Public Improvements, under the terms and following
satisfaction of the conditions set forth in the Agreement; and
WHEREAS, the Agreement further requires the Developer to cause a minimum number of
employees be created and maintained in the operations on the Development Property following
construction of the medical clinic; 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 September 6, 2022, for the purpose of taking action on the
matter of the proposal to enter into a Development Agreement with TIC Properties, 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 TIC PROPERTIES, 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 September 6, 2022, 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 TIC
Properties, LLC (the "Developer").
The Agreement would obligate the Developer to construct certain Minimum Improvements
(as defined in the Agreement) on certain real property located within the Waukee Consolidated
Urban Renewal Area as defined and legally described in the Agreement (the "Development
Property"), which Minimum Improvements include a new road anticipated to be dedicated to the
City as public infrastructure and a 60,000 square foot commercial building to be used as a medical
center (the "Office Building"), together with all related site improvements, under the terms and
following satisfaction of the conditions set forth in the Agreement. The Agreement would obligate
the Developer toto cause a minimum number of employees be created and maintained in the
operations on the Development Property following construction of the medical clinic.
The Agreement would further obligate the City to make up to eight (8) consecutive annual
payments of Economic Development Grants to Developer consisting of 80% of the Tax Increments
pursuant to Section 403.19, Code of Iowa, and generated by the construction of the Office Building
on the Development Property. The cumulative total for all such payments would not exceed the
lesser of $1,668,467 or the aggregate amount of the Approved Costs incurred by Developer in
completing the Public Improvements, under the terms and following satisfaction of the conditions
set forth in the Agreement.
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 15°i day of August, 2022.
Rebecca D. Schuett
City Clerk, City of Waukee in the State of Iowa
(End of Notice)
PASSED AND APPROVED this 15'' day of August, 2022.
Mayor
ATTEST:
City Clerk
RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN
Anna Bergman Pierce X
R. Charles Bottenberg X
Chris Crone X
Larry R. Lyon X
Ben Sinclair X