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HomeMy WebLinkAbout2004-522-08.09.2004 This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. Council Member Gunderson 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 MARTIN ROAD DEVELOPMENT PLAN THEREFOR" and moved that the same be adopted. Council Member Kincaid seconded the motion to adopt . The roll was called and the vote was, AYES : Kincaid, Cole, Greenwood, Clark Schmitt, Gunderson NAYS : none Whereupon, the Mayor declared the Resolution duly adopted as follows : RESOLUTION NO. 2004-522 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 MARTIN ROAD DEVELOPMENT PLAN THEREFOR. WHEREAS, by Ordinance No. 4204 , adopted on November 12 , 1996, and Resolution No. 1996-673 , adopted October 7, 1996, 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 Martin Road Industrial Area Plan of the City of Waterloo, Iowa (the "Plan" ) for the Urban Renewal Area described as follows : Exhibit "A" Martin Road Plaza Legal Description (original) Part of Section 32 Township 89 Range 13 and Section 33 Township 89 Range 13 , City of Waterloo, Black Hawk County, Iowa, described as follows : Resolution No. 2004-522 Page 2 Beginning at a point on the east line of Section 32, Township 89, Range 13 that is four hundred twenty (420) feet south of the northeast corner of the southeast quarter of said Section, thence south along said east line to its intersection with the northerly right-of-way line of Martin Road, thence northeasterly and easterly along said right-of-way line and an extension thereof to its intersection with the centerline of U. S . Highway 63 , thence southwesterly along said centerline to its intersection with the south line of Section 33 , thence westerly along the south line of Sections 33 and 32 to the southwest corner of the southeast quarter of the southeast quarter of Section 32 , thence north to the southwest corner of the northeast quarter of the southeast quarter of said Section 32 , thence northeasterly to a point that is nine hundred ninety (990) feet east of and six hundred seventy five (675) feet north of the southwest corner of the northeast quarter of the southeast quarter of said Section, thence continuing northeasterly to the point of beginning, all in the City of Waterloo, Black Hawk County, Iowa. 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 : Exhibit "B" MARTIN ROAD PLAZA (Addendum 1) Beginning at the point of intersection of the centerline of U. S . Highway 63 (Sergeant Rd. ) and the North line of the Southeast 1/ of the Southwest 1/ of Section 33 Township 89 Range 13 , thence East along the North line of said Southeast 1/ of the Southwest 1/ of said Section to the Southeasterly right-of-way line of U. S . Highway 63 (Sergeant Rd. ) , thence Southwesterly along said right-of-way to its intersection with the West line of the Southeast 1/ of the Southwest 1/ said Section, thence South 89° 50' 15" East a distance of 432 . 65' , thence South 1° 40' 30" East to the South line of said Section, thence West along said South line to the point where it would intersect the Northerly extension of the East line of Tract A of Kingswood Second Addition to Waterloo, thence South along the extension of and the East line of Tract A to the Northwest corner of Lot 15 Kingswood First Addition, said point also being a point on the Easterly line of Lot 6 of South Waterloo Commercial Park, thence Southeasterly following the Easterly line of said Lot 6 to the most Southeasterly corner of said lot, thence Southwesterly and Westerly along the South line of Resolution No. 2004-522 Page 3 said lot to an angle point on the South line of said Lot 6, which is also a point on the West line of Section 5 Township 88 Range 13 , thence South along the West line of said Section to the North line of the Southeast 4 of the Southeast 1/ of Section 6 Township 88 Range 13 , thence West along the North line of the Southeast 4 of the Southeast 1/ and the North line of the Southwest 1/ of the Southeast % to a point on the Northwesterly right-of-way line of the Chicago Great Western Railroad (now abandoned) , thence South 35°31' 30" West 850 .21 feet along said line, thence North 72°26' 10" West 1005 . 02 feet, thence Westerly 637 . 85 feet along a 7, 789 . 65 foot radius curve, concave Southerly, having a chord bearing North 75°14 ' 03" West 637 . 67 feet, thence North 77°34 ' 36" West 835 . 86 feet, thence North 06°19' 51" East 32 . 15 feet to the South line of the Northwest % of the Southwest 14 of Section 6 Township 88 Range 13, thence East along said line to the West line of the Northeast 1/ of the Southwest % of said Section, thence North along the West line of the Northeast 1/ of the Southwest 4 to the North line of the Northeast 1/ of the Southwest 1/ of said Section, thence East along said North line to a point on the East line of the West 440 feet of the East one-half of the Northwest fractional 4 said Section, thence North along the East line of the West 440 feet of the East one-half of the Northwest fractional 1/ to the North line of said Section 6, thence East along the North line of said Section 6, which is also the South line of Section 32 Township 89 Range 13 , to the West line of the East 475 feet of the Southwest 1/ of the Southeast 1/ of Section 32, thence North 790 feet along said West line, thence East 475 feet to the West line of the Southeast 1/ of the Southeast % of said Section, thence South along the West line of the Southeast % of the Southeast 1/ to the South line of Section 32 , thence East along the South line of Section 32 Township 89 Range 13 and Section 33 Township 89 Range 13 to the centerline of U. S . Highway 63 (Sergeant Rd. ) , thence Northeasterly along said centerline to the point of beginning, all in the City of Waterloo, Black Hawk County, Iowa; 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 developed 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 Martin Road Development Plan 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 Resolution No. 2004-522 Page 4 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 Martin Road Development Plan and the division of revenue described therein, and that notice of said consultation and a copy of the proposed Amendment No. 1 to the Martin Road Development Plan 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 Martin Road Development 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 Martin Road Development 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 exists for the location of families who will be displaced from the Martin Road Development Plan into decent, safe and sanitary dwelling accommodations within their means and without undue hardship to such families; Resolution No. 2004-522 Page 5 * The Plan and Amendment No. 1 to the Martin Road Development 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 Martin Road Development 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 Martin Road Development Plan 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 Resolution No. 2004-522 Page 6 of the public health, safety or welfare of the residents of this City. Section 4 . That Amendment No. 1 to the Martin Road Development Plan of the City of Waterloo, Iowa be and the same is hereby approved and adopted as "Amendment No. 1 to the Martin Road Development Plan for the City of Waterloo, Iowa" ; Amendment No. 1 to the Martin Road Development 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 Martin Road Development Plan 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 Martin Road Development 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. 4204 and Resolution No. 1996- 673 , previously adopted by this City Council be and the same are hereby ratified, confirmed and approved in all respects . PASSED AND APPROVED this 9th day of August, 2004 . Tim Hurley, ayor ATTEST: (1 rata-L-19— Nancy Ecker CMC City Clerk ResolutionC No. 2004-522 D'1-v b s w tr Nos HtibHtitrj JOt'J tit*jbs, CGtmi HH > ONCUNt=IO d O H Hd <4H . CD chests CIG-3 a) EH O CD 9/91 H EH ti N 0 H t] O O t7 0 tr H H t1 H O CERTIFICATE ss > oec) t O H t7 H o v t71 H ) SS o - '1 sK HAWK T s • LT- - �� r,] pndersigned City Clerk of Waterloo, Iowa, do hereby ce iat,--attached is a true and complete copy of the portion-� c+d porate records of said Municipality showing -"c eL ©f the Council, and the same is a true and complete ;/),gip-1,,, ciiMMy,action taken by said Council with respect to said main acts tie meeting held on the date indicated in the atseh14 c2 ; proceedings hick roceedin s remain in full force and effect, 4na have = iot :been amended or rescinded in any way; that meeting 4nd 4I1F gat ion thereat was duly and publicly held in accordance with a `,ng'tr4.‘ of meeting and tentative agenda, a copy of which wasi Tmel s..erved on each member of the Council and posted on a 4u1leUp bard 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 lath day of August, 2004 . SEAL Nancy -Ecke CMC City Clerk