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HomeMy WebLinkAbout2004-254-04.26.2004 Council Member Cole then introduced the following Resolution entitled "RESOLUTION DETERMINING 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; DESIGNATING SUCH AREA AS APPROPRIATE FOR AN URBAN RENEWAL PROJECT; AND ADOPTING AMENDMENT NO. 1 TO THE NORTHEAST INDUSTRIAL AREA PLAN THEREFOR" and moved that the same be adopted. Council Member Schmitt seconded the motion to adopt. The roll was called and the vote was, AYES: Kincaid, Cole, Greenwood, Clark, Schmitt, Gunderson, Welper NAYS: none Whereupon, the Mayor declared the Resolution duly adopted as follows: RESOLUTION NO. 2004-254 RESOLUTION DETERMINING 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; DESIGNATING SUCH AREA AS APPROPRIATE FOR AN URBAN RENEWAL PROJECT; AND ADOPTING AMENDMENT NO. 1 TO THE NORTHEAST INDUSTRIAL AREA PLAN THEREFOR. WHEREAS, by Ordinance No. 3925, adopted on February 15, 1993, and Resolution No. 1993-57, adopted February 8, 1993, 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 ipproved and adopted the Northeast Industrial Area Plan of the City of Waterloo, Iowa (the "Plan") for the Urban Renewal Area described as follows: See Exhibit "A" WHEREAS, a proposed Amendment No. 1 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 include within the Plan an additional parcel of land, described as follows: See Exhibit "B" and incorporates a number of potential incentives including a property tax rebate program and other incentives; and WHEREAS, it is desirable that these areas be redeveloped as part of the overall redevelopment area covered by said Plan; WHEREAS, the Iowa statutes require the City Council to submit the proposed Amendment No. 1 to the Northeast Industrial Area to the Planning and Zoning Commission 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 WHEREAS, adoption of Amendment No. 1 has been approved by the Planning and Zoning Commission for the City 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 herewith, which report and recommendation is hereby accepted, approved in all respects and incorporated herein by this reference; and WHEREAS, consultation was held with the designated representatives of all affected taxing entities to discuss the proposed Amendment No. 1 to the Northeast Industrial Area and the division of revenue described therein, and that notice of said consultation and a copy of the proposed Amendment No. 1 to the Northeast Industrial Area be sent to all affected taxing entities; and WHEREAS, pursuant to such notice, the consultation was duly held as ordered by the City Council and 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 Designated Representative filed herewith and incorporated herein by this reference, which report is in all respects approved; and WHEREAS, by said resolution this Council also set a public hearing on the adoption of Amendment No. 1 to the Northeast Industrial Area Plan 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 said proposed Amendment No. 1 to the Northeast Industrial Area Plan, 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 this 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 Amendment No. 1 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. Section 2. This Council further finds: * A feasible method exits for the location of families who will be displaced from the Northeast Industrial Area into decent, safe and sanitary dwelling accommodations within their means and without undue hardship to such families; * The Plan and Amendment No. 1 to the Northeast Industrial Area Plan of the City of Waterloo, Iowa, conform to the general plan for the development of the City as a whole; and * As to those areas of open land included within the Northeast Industrial Area Plan Area to be acquired by the City: * With reference to those portions thereof which are to be developed for residential uses, this City Council hereby determines that a shortage of housing of sound standards and design with decency, safety and sanitation exists within the City; that the acquisition of the area for residential uses is an integral part of and essential to the program of the municipality; and that one or more of the following conditions exist: A. That the need for housing accommodations has been or will be increased as a result of the clearance of slums in other areas, including other portions of the urban renewal area. B. That conditions of blight in the municipality and the shortage of decent, safe and sanitary housing cause or contribute to an increase in and spread of disease and crime, so as to constitute a menace to the public health, safety, morals, or welfare. C. That the provision of public improvements related to housing and residential development will encourage housing and residential development which is necessary to encourage the retention or relocation of industrial and commercial enterprises in this state and its municipalities. D. The acquisition of the area is necessary to provide for the construction of housing for low and moderate- income families. * With reference to those portions thereof which are to be developed for non-residential uses, the City Council hereby determines that such non- residential uses are necessary and appropriate to facilitate the proper growth and development of the City in accordance with sound planning standards and local community objectives. Section 3. That the Northeast Industrial Area is an economic development area within the meaning of Iowa Code Chapter 403; that such 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, 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 this City. Section 4. That Amendment No. 1 to the Northeast Industrial Plan of the City of Waterloo, Iowa be and the same is hereby approved and adopted as "Amendment No. 1 to the Northeast Industrial Plan for the City of Waterloo, Iowa"; Amendment No. 1 to the Northeast Industrial Plan,of the City of Waterloo, Iowa, is hereby in all respects approved; and the City Clerk is hereby directed to file a certified copy of said Amendment No. 1 with the proceedings of this meeting. Section 5. That the Plan, as so amended, for the Northeast Industrial 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 No. 1 to the Northeast Industrial Area 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 6. That all other provisions of the Plan not affected or otherwise revised by the terms of Amendment No. 1 thereto, as well as Ordinance No. 3925 and Resolution No. 1993-57, previously adopted by this City Council be and the same are hereby ratified, confirmed and approved in all respects. PASSED AND APPROVED this 26th day of April , 2004. ayor Tim urley ATTEST: City Clerk N y Eckert CIG-3 9/91 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 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. WITNESS my hand and the seal of said Municipality hereto affixed this 28th day of April , 2004. City Clerk NarEckert SEAL EXHIBIT ". LEGAL FOR NORTHEAST INDUSTRIAL AREA TIF DISTRICT Part of Sections 15, 20, 21 and 22, Township 89 North, Ranc West of the 5th Principal Meridian in the City of Waterloo, J Hawk County, Iowa, described as follows: Beginning at the southeasterly corner of Section 20, Township . , Range 12, thence west along the south line of said section t a point that is sixty-six (66) feet west of the west line of 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 Chicago and Northwestern Transportation Company 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 Chicago and 'Northwestern Transportation Company 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) 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 section line approximately 1500'±, thence north 40° 01' 01" west 166. 19 feet, thence north 15° 32 ' 50" 1 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 Chicago Northwestern Transportation Company, 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 94.32 feet to the south line of the northwest quarter (NW 1/4) 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 Chicago Northwestern Transportation Company, 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) , Section 21, thence south along said west line to the northwest corner of the northeast quarter (NE 1/4) of the southwest quarter (SW 1/4) said Section, thence east along the north line of the southwest quarter (SW 1/4) 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 southwest quarter (1/4) said section to the south line of said section, thence west along the south line Section 21 to the point of beginning. 2 EXHIBIT "B" AMENDMENT NO. 1 TO NORTHEAST INDUSTRIAL TIP DISTRICT That part of Section 21 Township 89 Range 12 as follows: The Southeast 1/ of said Section,except the Southeast 1/4 of the Southeast 1/4 of said Section, and except the East 332 feet of the South 693 feet of the Southwest 1/4 of the Southeast 1/4 said Section. That part of Section 20 Township 89 Range 12 as follows: Beginning at a point on the West line of Section 20 Township 89 Range 12, that is 990' North of the Southwest corner of said Section,thence North along the West line of said Section to the West %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 1h of the Northeast 1/4 of the Southwest 1/4 of Section 20 Township 89 Range 13, thence East along the South line of North'/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 %Z of the Southeast 1/4 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 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. 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