Loading...
HomeMy WebLinkAbout2017-962-11/27/2017 Prepared by Chris Wendland, City Attorney, City of Waterloo, 715 Mulberry Street, Waterloo,IA 50703, (319)291-4323. RESOLUTION NO. 2017-962 RESOLUTION AFFIRMING DETERMINATION OF AN AREA OF THE CITY TO BE AN ECONOMIC DEVELOPMENT AREA,AND THAT THE REHABILITATION, CONSERVATION, REDEVELOPMENT, DEVELOPMENT, OR A COMBINATION THEREOF, OF SUCH AREA IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY; AFFIRMING DESIGNATION OF SUCH AREA AS APPROPRIATE FOR AN URBAN RENEWAL PROJECT; AND ADOPTING AN AMENDMENT OF THE NORTHEAST INDUSTRIAL AREA URBAN RENEWAL AND REDEVELOPMENT PLAN THEREFOR. WHEREAS, by Resolution No. 1993-57 adopted on or about February 8, 1993, and amended by Resolution No. 2004-254, adopted on or about April 26, 2004, and by Resolution No. 2015-801 adopted on or about October 5, 2015, 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 Northeast Industrial Area Urban Renewal and Redevelopment Plan of the City of Waterloo, Iowa and amendments thereto(the"Plan")for the urban renewal area described as follows: Part of Sections 15, 20, 21 and 22, Township 89 North, Range 12 West of the 5t` Principal Meridian in the City of Waterloo,Black Hawk County,Iowa, described as follows: Beginning at the Southeasterly corner of Section 20,Township 89,Range 12,thence West alongthe South line of said Section to a point that is sixty-six 66 feet West of the West line of p n' ( ) the East one-half(1/2)of the Southeast quarter(SE 1/4)of said Section,thence North along a line sixty-six(66)feet West of the West line of said East one-half(1/2)to its intersection with the South line of the North one-half(1/2) of the Northwest quarter(NW 1/4)of the Southeast quarter (SE 1/4) Section 20,thence West on said South line and its extension Westerly to the South line of the Union Pacific Railroad Right-of-Way,thence Northeasterly along said right-of-way line to its intersection with the West line of the East one quarter(1/4)of said Section,thence Northerly along the West line of the Northeast quarter(NE 1/4)of the Southeast quarter(SE 1/4)said Section to the Southwest corner of the Southeast quarter(SE 1/4)of the Northeast quarter(NE 1/4)said Section,thence West along the South line of the North one-half(1/2)of said Section to the West line of said Section,thence North along the West line to the Northwest corner of the Southwest quarter(SW 1/4)of the Northwest quarter(NW 1/4) said Section,thence East one hundred ninety-four and four tenths(194.4)feet,thence North parallel to the West line of said Section to the North line of said Section,thence East to the Northeast corner of said Section 20, thence continuing East along the North line Section 21,Township 89, Range 12 to the Northeast corner of said Section,thence North along the West line of Section 15,Township 89,Range 12 to the Northwest corner of the Southwest quarter(SW 1/4)of the Southwest quarter(SW 1/4)said Section,thence East along the North line of the Southwest quarter(SW 1/4) of the Southwest quarter(SW 1/4)to the Northeast corner of said quarter(1/4)quarter(1/4)said Section,thence South along the East line of the Southwest quarter(SW 1/4)of the Southwest quarter(SW 1/4) said Section to its intersection with the South line of the Union Pacific Railroad Right-of-Way, thence Northeasterly along said South Right-of-Way line to its intersection with the East line of the Southeast quarter(SE 1/4)of the Southwest quarter(SW 1/4)of said Section, said point also being a point on the current Corporate City Limit Line of Waterloo,thence South following the current(1992)Corporate Limits of said City to the South line of Section 15, said line also being the North line of Section 22, Township 89,Range 12,thence continuing South along the East line of the Northeast quarter(NE 1/4)of the Northwest quarter(NW 1/4) of Section 22, Township 89, Range 12 to a point that is 680 feet South of the North line said Section,thence West along a line 680 feet normally distant Southerly of the Section line approximately 1500'±,thence North 40°01'01"West 166.19 feet,thence North 15°32'50"West 194.91 feet,thence North 02°34'55" West 174.45 feet,thence North 32°18'09"East 115.17 feet,thence North 57°10'27"East 111.27 feet to the South line of the Union Pacific Railroad Right of Way,thence South 70°11'41"West along said South Right-of-Way line to a point that is 264.54 feet Northeasterly of the West line Section 22,thence South 86°28'27"East 190.29 feet,thence South 73°13'02"East 119.21 feet, thence South 61°04'21"East 154.14 feet,thence South 40°08'51"East 145.09 feet,thence South 24°47'31"East 141.92 feet,thence South 9'45'15"East 287.51 feet,thence South 0°06' West 261.27 feet,thence South 14°18"West 256.24 feet,thence South 65.02 feet,thence West 766 feet to the East line of North Elk Run Road,thence South 70 feet along said right-of-way,thence East 391 feet,thence South 60 feet,thence East 130 feet,thence South 60 feet,thence East 165 feet, thence South 0'07'14"East 777.35 feet,thence South 81'02'06"West 255.19 feet,thence South Resolution No. 2017-962 Page 2 94.32 feet to the South line of the Northwest quarter(NW 1/4)of said Section,thence West along said South line to the centerline of North Elk Run Road,which is also a point on the West line Section 22,Township 89,Range 12,thence North along said West line to the South line of the Union Pacific Railroad Right of Way,thence Southwesterly along said South Right-of-Way line through Section 21,Township 89,Range 12 to its intersection with the West line of Southeast quarter(SE 1/4)of the Northwest quarter(NW 1/4), of Section 21,thence South along said West Northwest corner of the Northeast quarter E 1/4 of the Southwest quarter SW 1/4 line to the Nortq (N ) q ( ) said Section,thence East along the North line of the Southwest quarter(SW 1/4)of said Section to the center of Section 21,said point also being a point on the corporate limit line of Waterloo, thence South along the East line of the Southwest quarter(1/4)of said Section to the South line of said Section,thence West along the South line of Section 21 to the point of beginning,all in the City of Waterloo,Black Hawk County, Iowa. AND That part of Section 21,Township 89, Range 12 as follows: The Southeast 1/4 of said Section, except the Southeast 1/4 of the Southeast'/4 of said Section,and except the East 332 feet of the South 693 feet of the Southwest 1/4 of the Southeast 1/4 of said Section. AND That part of Section 20,Township 89,Range 12 as follows: Beginning at a point on the West line of said Section 20 that is 990'North of the Southwest corner of said Section,thence North along the West line of said Section to the West 1/4 corner of said Section,thence East along the centerline of said Section to the point where it intersects the Northwest corner of the Northeast 1/4 of the Southeast 1/4 of said Section,thence South along the West line of the Northeast 1/4 of the Southeast 1/4 of said Section to the South line of Union Pacific Railroad,thence Southwesterly along said South right of way line to the South line of the North 1/2 of the Northeast 1/4 of the Southwest 1/4 of said Section 20,thence East along the South line of the North 1/2 of the Northeast 1/4 of the Southwest 1/4 and the South line of the North 1/2 of the Northwest 1/4 of the Southeast 1/4 to its intersection with a line 66 feet West of and parallel to the West line of the East%2 of the Southeast 1/4 of said Section,thence South along said parallel line to the South line of said Section,thence West along the South line of said Section to the centerline of Bishop Avenue, thence Northerly along the centerline of Bishop Avenue, as now established,to the North line of the South 990' of said Section,thence West along the North line of the South 990' of said Section to the point of beginning. AND That part of the East One-half of the Southwest Quarter of Section 15, Township 89 North, Range 12 West of the Fifth Principal Meridian, Waterloo, Black Hawk County Iowa, lying North of the Chicago and Northwestern Transportation Company Right-of-Way, except the North 990 feet thereof. WHEREAS, a proposed Amendment (the "Amendment") to the Plan has been prepared, which proposed Amendment is on file in the office of the City Clerk and which is incorporated herein by reference, the purpose of which is to set forth and remove certain land from the Plan, described as follows, and to make other amendments conforming thereto: That part of the Amendment No. 1 area,which area is described on Exhibit`B"of Resolution No. 2004-254, filed with the Northeast Industrial Area Development Plan Amendment No. 1 ("Amendment No. 1")as Doc.No. 2004-34719, described as: The Northeast 1/4 of the Southeast '/4 of Section 21,Township 89 North,Range 12 West of the Fifth Principal Meridian, Black Hawk County, Iowa. AND That part of the above-described Amendment No. 1 area described as: A parcel of land located in the Northwest 1/4 of the Southeast 1/4 of said Section 21,more particularly described in LD Book 571 Pae 808 in the office of the Black Hawk County Recorder. Page tY AND That part of the above described Amendment No. 1 area located in Section 20, Township 89 North, Range 12 West, except that part of the West 1/2 of the Northeast 1/4 of the Southwest Quarter of said Section 20 lying South of the Union Pacific Railroad, and except that part of the North 5 acres of the West 1/2 of the Southeast '/4 of the Southwest 1/4 of said Section 20 lying Northwesterly of the Northwesterly right of way line of Northeast Drive (formerly Bishop Avenue), and except the Union Pacific Railroad Right of Way. WHEREAS,because the described lands are comprised primarily of economic development areas that are undeveloped parcels which are unlikely to be developed before the statutory sunset of the urban renewal area with respect thereto, it is desirable that these areas be removed from the overall development area covered by said Plan;and Resolution No. 2017-962 Page 3 WHEREAS, Iowa statutes require the City Council to submit the proposed Amendment to the Planning and Zoning Commission of the City for review and recommendation as to its conformity with the general plan for development of the City as a whole, prior to City Council approval thereof, and adoption of the Amendment has been approved by said Commission as being in conformity with the general plan for development of the City as a whole, as evidenced by its written report and recommendation filed with the Council, which report and recommendation is hereby accepted, approved in all respects and incorporated herein by this reference; and WHEREAS,on November 8, 2017, a consultation was held with the designated representatives of all affected taxing entities to discuss the proposed Amendment to the Northeast Industrial Area Urban Renewal and Redevelopment Plan and the division of revenue described therein, and that notice of said consultation and a copy of the proposed Amendment was sent to all affected taxing entities, all required responses to the recommendations made by the affected taxing entities, if any, have been timely made as set forth in the report of the Community Planning & Development Director submitted to Council and incorporated herein by this reference,which report is in all respects approved; and WHEREAS, by a resolution passed October 23, 2017, this Council also set a public hearing on the adoption of the Amendment for this meeting of the Council, and due and proper notice of said public hearing was given, as provided by law, by timely publication in the"Waterloo Courier", which notice set forth the time and place for this hearing and the nature and purpose thereof, and WHEREAS, in accordance with said notice, all persons or organizations desiring to be heard on the proposed Amendment, both for and against, have been given an opportunity to be heard with respect thereto, and due consideration has been given to all comments and views expressed to the Council in connection therewith, and said public hearing has been closed. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF WATERLOO,IOWA: Section 1. That the findings and conclusions set forth or contained in the Plan and the Amendment thereto concerning the area of the City of Waterloo, Iowa described in the preamble hereof, be and the same are hereby ratified and confirmed in all respects as the findings of this Council for this area, including but not limited to determinations that the Plan area is eligible for designation as an urban renewal area and otherwise meets all requisites under the provisions of Chapter 403 of the Code of Iowa; that the Plan area is an economic development area; that the rehabilitation, conservation, redevelopment, development or a combination of such activities, of said area is necessary in the interest of the public health, safety or welfare of the residents of this City; and designating said area as appropriate for an urban renewal project. Section 2. This Council further finds that(a) a feasible method exists for the location of families who will be displaced from the Northeast Industrial Area Urban Renewal and Redevelopment Plan Area into decent, safe and sanitary dwelling accommodations within their means and without undue hardship to such families, and (b)the Plan and Amendment thereto conform to the general plan for the development of the City as a whole. Section 3. That the Amendment be and the same is hereby approved and adopted as an Amendment to the Northeast Industrial Area Urban Renewal and Redevelopment Plan for the Ci of p City Waterloo, Iowa;that said Amendment is hereby in all respects approved; and that the City Clerk is hereby directed to file a certified copy of said Amendment with the proceedings of this meeting. Section 4. That the Plan, as so amended, for the Northeast Industrial Area Urban Renewal and Redevelopment Plan Area shall be in full force and effect from the date of this Resolution until the later of the date of termination set forth in the Plan as so amended, or the date on which payment of all obligations issued or advances made to carry out the purposes thereof shall be fully provided for. Said proposed Amendment to the Northeast Industrial Area Urban Renewal and Redevelopment Plan shall be forthwith certified by the City Clerk, along with a copy of this Resolution, to the Recorder for Black Hawk County;Iowa,to be filed and recorded in the manner provided by law. Section 5. That all other provisions of the Plan not affected or otherwise revised by the terms of the above-described Amendment thereto be and the same are hereby ratified, confirmed, and approved in all respects. PASSED AND APPROVED this 27`"day of November 2017. Resolution No. 2017-962 Page 4 _ b Quentin M. Hart, Mayor- ATTEST: Kelley Felchle ity Clerk CERTIFICATE I, Kelley Felchle City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Resolution 2017-962, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 27th day of November 2017. Witness my hand and seal of office this 27th day of November 2017. '.A Kelley Felchl City Clerk SEAL: