HomeMy WebLinkAbout2022-12-05 Resolution 2022-523_Set Public Hearing Date, Development Agreement, The Quarter at Waukee LLCRESOLUTION NO. 2022-523
RESOLUTION FIXING DATF I.OR A PUBLIC HEARING ON
THE PROPOSAL TO ENTER INTO A DEVELOPMENT
AGREEMENT WITH THE QUARTF,R AT WAUKEE, L.L.C.,
AND PROVIDING FOR PUBLICATION OF NOTICE TI IFIREOF
WI IEREAS, by resolution adopted November 21, 2022. this Council found and determined
that certain areas located within the City are eligible and should be designated as an urban renewal
area proposed to be named The Quarter Commercial Urban Renewal Area (the "Urban Renewal
Area"'), and set a public hearing on the proposed The Quarter Commercial Urban Renewal Plan
(the "Plan") for the proposed Urban Renewal Area described therein; and
WI IEREAS, this Council proposes to consider, on December 19, 2022, the adoption of the
proposed Plan and. if the Plan is adopted and the Urban Renewal Area established, it is desirable
that properties within the Urban Renewal Area be developed as part of the overall development
covered by the proposed Plan; and
WHEREAS, the City and The Quarter at Waukee, L.L.C. (the "Developer") previously
entered into a Second Amended and Restated Agreement for Private Development dated .January
3, 2022 (the "Second Amended and Restated Agreement") and a minimum assessment agreement
also dated ,January 3, 2022 (the "Prior Minimum Assessment Agrccment"), regarding certain
development activities on property then -located within the Waukee Consolidated Urban Renewal
Area (the "Development Property"), and
WIIEREAS, the Development Property is planned to be removed from the Waukee
Consolidated Urban Renewal Area and instead included in the proposed Urban Renewal Area, and
WIIEREAS, the City and the Developer desire to terminate the Second Amended and
Restated Agreement and the Prior Minimum Assessment Agreement, and replace those prior
agreements with a proposed Agreement for Private Development by and between the City and
Developer (the "Agreement'"), which A( -cement is proposed to be authorized as an urban renewal
project in the proposed The Quarter Commercial Urban Renewal Plan; and
WI IEREAS, the Agreement would provide restated terms for the Developer's proposed
project and would reflect updates and changes to the project, including changes to the description
of the "Development Property" and "Minimum Improvements" (as those terms are defined in the
Agreement), and changes to the terms for construction, assessed value, and operation of the
Minimum Improvements on the Development Property; and
WI IEREAS, pursuant to the Agrccment, the City and the Developer would execute a new
minimum assessment agreement to set minimum assessed values on the commercial buildings and
the surface parking lot to be included in the Minimum Improvements, as set forth in the
Agreement; and
WI IEREAS, pursuant to the terms of the Agreement, the City would make payments of
Economic Development Grants to Developer, with the payment amounts to be calculated based on
the Tax Increment generated by the various commercial buildings and the surface parking lot
included in the Minimum Improvements and collected by the City under Iowa Code Section
403.19, under the formulas and schedules for the separate buildings set forth in the Agreement,
which provide for payments for each building using varying percentages of "Fax Increment over a
period oftwelve (12), sixteen (16) or twenty (20) years. subject to the terms and conditions of the
Agreement, including annual maximum payment amounts, with the cumulative maximum amount
of all Economic Development Grants under the Agreement not to exceed $34,002,798, and
WI IFREAS. 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 proposed Plan, if adopted, and also in
furtherance of 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
WI IERI;AS, 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 TI IE CITY OF
WAUKEE 1N THE S'I'ATE OF IOWA:
Section 1. That this Council meet in the Council Chambers. City I Tall, 230 West Hickman
Road, Waukee, Iowa, at 5:30 P.M. on December 19, 2022, for the purpose of taking action on the
matter of the proposal to enter into a Development Agreement with The Quarter at Waukee, L.L.C.
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 AGRFFMENT WITH THF, QUARTER AT
WAUKI�,E, L.I,.C., AND T F, HEARING THF,RF,ON
PUBLIC NOTICL is hereby given that the Council of the City of Waukee in the State of
Iowa, will hold a public hearing on December 19, 2022, at 5:30 P.M. in the Council Chambers,
City Hall, 230 West I lickman Road, Waukee, Iowa, at which meeting the Council proposes to take
action on the proposal to enter into a Development Agreement (the "Agreement") with 'The Quarter
at Waukee, L.L.C. (the "Developer").
The City and the Developer previously entered into a Second Amended and Restated
Agreement for Private Development dated January, 3, 2022 (the "Second Amended and Restated
Agreement") and a minimum assessment agreement also dated January 3, 2022 (the "Prior
Minimum Assessment Agreement"), regarding certain development activities on property then -
located within the Waukee Consolidated Urban Renewal Area (the "Development Property-). The
Development Property is planned to be removed from the Waukee Consolidated Urban Renewal
Area and instead included in the proposed The Quarter Commercial Urban Renewal Area, pursuant
to the proposed The Quarter Commercial Urban Renewal Plan, which is set to be considered for
adoption by the Council on December 19, 2022.
The City and the Developer desire to terminate the Second Amended and Restated
Agreement and the Prior Minimum Assessment Agreement, and replace those prior agreements
with a proposed Agreement for Private Development by and between the City, and Developer (the
"Agreement"). The Agreement would: (i) provide restated terms for the Developer's proposed
project; (ii) reflect updates and changes to the project, including changes to the description of the
"Development Property" and "Minimum Improvements" (as those terms are defined in the
Agreement), and changes to the terms for construction, assessed value, and operation of the
Minimum Improvements on the Development Property; and (iii) require execution of a new
minimum assessment agreement to set minimum assessed values on the commercial buildings and
the surface parking lot to be included in the Minimum Improvements.
Pursuant to the terms of the Agreement, the City would make payments of Economic
Development Grants to Developer, with the payment amounts to be calculated based on the Tax
Increment generated by the various commercial buildings and the surface parking lot included in
the Minimum Improvements and collected by the City under Iowa Code Section 403.19, under the
formulas and schedules for the separate buildings set forth in the Agreement, which provide for
payments for each building using varying percentages of Tax Increment over a period of twelve
(12), sixteen (16) or twenty (20) years, subject to the terms and conditions of the Agreement,
including annual maximum payment amounts, with the cumulative maximum amount of all
Economic Development Grants under the Agreement not to exceed $34,002,798.
A copy of the Agreement is on file for public inspection during regular business hours in
the office of the City Clerk, City I lall, 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 5"' day of' December. 2022.
Rebecca D. Schuett
City Clerk, City of Waukee in the State of Iowa
(I?nd of Notice)
PASSED AND APPROVED this 5"' day of December, 2022.
Mayor
ATTEST:
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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