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HomeMy WebLinkAbout2020-521-07.13.2020Prepared by Chris Wendland, City Attorney, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2020-521 RESOLUTION AFFIRMING DETERMINATION OF AN AREA OF THE CITY TO BE AN ECONOMIC DEVELOPMENT AREA, AND DEVELOPMENT OR REDEVELOPMENT THEREOF 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 CROSSROADS WATERLOO URBAN RENEWAL AND REDEVELOPMENT PLAN THEREFOR. WHEREAS, by Resolution No. 2014-965 adopted on or about November 10, 2014, by Resolution No. 2019-516 adopted on or about July 8, 2019, and by Resolution No. 2019-517 adopted on or about July 8, 2019 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 Crossroads Waterloo Urban Renewal and Redevelopment Plan (Amended and Restated) of the City of Waterloo, Iowa, and amendments thereto (the "Plan" or "Restated Plan"), for the urban renewal area described in said Resolution and Restated Plan; and WHEREAS, a proposed Amendment (the "Amendment") to the Restated 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 Restated Plan, described as follows, and to make other amendments conforming thereto: Beginning at the Southwest corner of Section 12, T88N R13W; thence North 55 feet to the Northerly right-of-way line of East Shaulis Road as presently established; thence Easterly along said Northerly right-of-way line of East Shaulis Road and an Easterly extension of said Northerly right-of-way line to the centerline of U.S. Highway 218 as presently established; thence Southeasterly along said centerline to the East line of Section 13, T88N R13W; thence South along the East line of said Section 13 to the South line of the Northeast 1/4 of said Section 13; thence West along said South line and the South line of the Northwest 1/4 of said Section 13 to the West line of said Section 13; thence North along the West line of said Section 13 to the Northwest corner of said Section 13, said point also being the Southwest corner of Section 12, T88N R13W, and the Point of Beginning. AND Beginning at the Southwest corner of Section 12, T88N R13W; thence East 50 feet to the Easterly right-of-way line of Hess Road as presently established; thence Northerly along said Easterly right-of-way line of Hess Road to the intersection with an Easterly extension of the North line of the Southeast 1/4 of the Southeast 1/4 of Section 11, T88N R13W; thence Westerly along said Easterly extension of the North line of said Southeast 1/4 of the Southeast 1/4, and said Resolution No. 2020-521 Page 2 North line of said Southeast'/4 of the Southeast'/4, and the North line of the Southwest'/4 of the Southeast'/4 of said Section 11 to the Northwest corner of said Southwest'/4 of the Southeast'/4; thence Southerly along the West line of said Southwest'/4 of the Southeast'/4 to the South line of said Section 11; thence Easterly along said South line to the Southeast corner of said Section 11, said point also being the Southwest corner of Section 12, T88N R13W, and the Point of Beginning. WHEREAS, because the described lands are comprised primarily of economic development areas that are undeveloped parcels and it is believed that the development potential of said lands will be enhanced by their inclusion in the San Marnan Urban Renewal and Redevelopment Plan, it is desirable that these areas be removed from the overall development area covered by the Plan; and 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 June 17, 2020, a consultation was held with the designated representatives of all affected taxing entities to discuss the proposed Amendment to the 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 June 1, 2020, 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 Resolution No. 2020-521 Page 3 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 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 Crossroads Waterloo Urban Renewal and Redevelopment Plan (Amended and Restated) for the City of 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 Crossroads Waterloo Urban Renewal and Redevelopment Plan Area (Amended and Restated) 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 Crossroads Waterloo Urban Renewal and Redevelopment Plan (Amended and Restated) 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 13th day of July, 2020. Ouentin Hart Quentin M. Hart, Mayor ATTEST: Kelley Felchle, City Clerk Resolution No. 2020-521 Page 4 CERTIFICATE STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) I, the undersigned City Clerk of Waterloo, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that the meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. SEAL WITNESS my hand and the seal of said Municipality hereto affixed this 14th day of July, 2020. Ke//erg �e/ch/e Kelley Felchle, City Clerk