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HomeMy WebLinkAbout5289-6/22/2015Prepared by Kelley Felchle, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. ORDINANCE NO. 5289 an Ordinance amending multiple sections of Chapter 2, Main Street Waterloo Redevelopment Authority, of Title 2, Boards and Commissions, including defining the Central Business District, and updating the provisions regulating the powers and duties of the Main Street Commission. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, as follows: Chapter 2 MAIN STREET WATERLOO REDEVELOPMENT AUTHORITY 2-2-1: CREATION AND PURPOSE: There is hereby created a commission, hereinafter known as the Main Street Waterloo redevelopment authority, and referred to in this chapter as the commission, to act as agent for the city and for the purpose of development and redevelopment of the central business district in the city. For purposes of this chapter, the central business district is defined as all properties lying with the area bounded, on the northeast, by Franklin Street, on the southeast, by the Union Pacific Railroad line between 6th and 7th Streets, on the southwest, by Washington Street (formerly Bluff Street), and on the northwest, by 3rd Street and its extension to the Cedar River, except that the two block area bounded by Washington Street, West 5th Street, Jefferson Street and West 7th Street is not included in the central business district. (Ord. 4235, 6-23-1997; amd. Ord. 4428, 7-24-2000) 2-2-2: COMPOSITION AND MEMBERSHIP: A. Composition: Commission members shall be the same persons as the board of directors of the Cedar Skyline Corporation, an Iowa nonprofit corporation, organized to operate for the improvement of the traditional downtown business area in the city, within the meaning of Internal Revenue Code 501(c)(6). The commission shall not be reduced from the current number of authorized members of the Cedar Skyline board of directors, nor shall the makeup of the members of the commission vary from that set forth in the bylaws in existence for Cedar Skyline Corporation, a copy of which is herein incorporated by reference and kept on file in the office of the city clerk, without amendment to this chapter. Notwithstanding the foregoing paragraphs of this subsection A, Cedar Skyline Corporation is a distinct entity that exists apart from the commission and conducts operations and business separate from the commission. The provisions of this chapter do not govern Cedar Skyline Corporation except to the extent that Cedar Skyline Corporation, its directors, officers or members, act in their capacity as commission members and with respect to the property and affairs of the commission. B. Term Of Office: The term of office of the commission members shall be as defined for the board of directors in the bylaws of Cedar Skyline Corporation. Ordinance No. 5289 Page 2 C. Filling Vacancies: The vacancy of any commission position, occurring for any reason whatsoever, shall be filled in the same manner as a vacant board position is filled in accordance with the bylaws of Cedar Skyline Corporation. D. Compensation: All members of the commission shall serve without compensation except their actual expenses, which shall be subject to the approval of the commission. E. Officers: Offices of the commission shall be filled in the same capacity by those officers elected by the board of directors for Cedar Skyline Corporation. F. Councils: The commission shall establish any and all committees (called councils) being necessary for the execution of its powers and duties. (Ord. 4235, 6-23-1997; amd. Ord. 4428, 7- 24-2000) 2-2-3: POWERS AND DUTIES: A. The commission shall have full power and authority to make or cause to be made such surveys, studies, maps, plans or charts of the whole or portions of the central business district and of any land outside of the district which in the opinion of the commission bears relation to the development or redevelopment of the district, and shall submit these studies to the city council. The commission may publish its studies and recommendations. B. No proposal for the development, redevelopment or modification to the exterior of any building or grounds of the central business district shall be made without such proposal or change being first referred to the commission, which shall have had fifteen (15) days for review and action. Failure to respond in writing within fifteen (15) days shall be deemed approval. If said proposal is subsequently approved by the commission, whether through default or specific action, the normal process for obtaining building construction permits may proceed; provided, however, that within ten (10) days following approval by any means the mayor or three (3) members of the city council may request that the approval be brought before the city council for review at its next meeting. The city council may override the approval of the commission by at least two-thirds (2/3) of all members of the city council. If the commission recommends disapproval of any proposal or modification thereof, the developer may appeal to the city council within fifteen (15) days of said disapproval; however, the city council may override the recommendation of this body and approve the proposed development by at least two-thirds (2/3) of all members of the city council. C. All signs and/or street amenities shall be reviewed by the commission, its designated staff and/or any agency or committee of its designation to ensure the compatibility of the overall design concept of the central business district as set forth above. If any person wishes to appeal any decision made by this body or its staff, they may do so as outlined in subsection B of this section. D. The commission shall have the power to acquire real estate within the central business district by lease or purchase, as may be deemed necessary for development or redevelopment of the central business district. Real estate owned by the commission shall be held in the name of the commission and not Cedar Skyline Corporation. The commission shall have the authority to sell, exchange or lease any real estate acquired by it, subject to the approval of the city council. No real estate which shall be determined to affect the district shall Ordinance No. 5289 Page 3 be bought or sold by the city without first receiving the committee' s recommendation. E. The commission would act for the city in representing the central business district by performing the following functions: 1. Make recommendations to the mayor and city council regarding exercise of the use of eminent domain, for the acquisition of real or personal property and for the purpose of a development or redevelopment project; 2. Make recommendations to the mayor and city council with regard to the application for an acceptance of capital grants and loans from the United States and the state of Iowa or any other instrumentality of the United States or the state of Iowa for the development or redevelopment of the central business district , and to assist the city council in making application for said capital grants and loans; 3. Make recommendations to the mayor and city council with regard to the borrowing of funds as may be deemed necessary for the development and redevelopment of the central business district, and in this connection make recommendations regarding the issuance of such obligation or recitative bonds as may be deemed necessary, subject to the applicable statute of limitations; 4. Make recommendations to the mayor and city council with regard to the procedures, policies and/or ordinances for the planning, execution and implementation of plans regarding the downtown area. 2-2-4: FINANCING: A. Appropriation Of Funds: The city council may annually appropriate a sum of money for the payment of the commission's expenses. B. Expenditure Of Funds: The commission shall have full, complete and exclusive authority to expend for and on behalf of the city all sums of money so appropriated. C. Grants And Donations: All grants, gifts and donations or payments whatsoever received by the city on behalf of the commission for downtown development or redevelopment purposes shall be placed in the commission fund and may be used by the commission in the manner and for the purposes designated by the Cedar Skyline Corporation bylaws, although such funds shall be the property of the commission and not Cedar Skyline Corporation. D. Debt Contracting Powers: The commission shall have no power to contract debt beyond the amount of its projected income for the following fiscal year. (Ord. 4235, 6-23-1997; amd. Ord. 4428, 7-24-2000) 2-2-5: STAFF AND SPECIAL CONSULTANTS: Subject to the limitations contained in this chapter as to city expenditure of funds, the commission may hire such staff that it may deem necessary and prescribe and define their respective duties and fix and regulate the compensation to be paid to the person(s) employed by it. The commission may contract with professional consultants or county, regional, state and federal governments for planning assistance and may agree with each or all of them to the amount, Ordinance No. 5289 Page 4 if any, to be paid for such assistance. (Ord. 4235, 6-23-1997; amd. Ord. 4428, 7-24-2000) 2-2-6: ANNUAL REPORT: The commission each year shall make a report to the mayor and city council of its proceedings and the progress of its work for the preceding fiscal year. (Ord. 4235, 6-23-1997; amd. Ord. 4428, 7-24-2000) INTRODUCED: PASSED 1St CONSIDERATION: PASSED 2nd CONSIDERATION: PASSED 3rd CONSIDERATION: June 22, 2015 June 22, 2015 June 22, 2015 June 22, 2015 PASSED AND ADOPTED this 22nd day of June 2015. ATTEST: uzy City Cle k Ernest G. Clark, CERTIFICATE Mayor I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5289, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 22nd day of June 2015. Witness my hand and seal of office this 22nd day of June 2015. SEAL Suzy Sc ares, CMC City C1-rk