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HomeMy WebLinkAbout2022-376-06.20.2022Prepared by Chris Wendland, City Attorney, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 (319)291-4323 RESOLUTION NO. 2022-376 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 MARTIN ROAD DEVELOPMENT PLAN THEREFOR. WHEREAS, by Resolution No. 1996-673 adopted on or about October 7, 1996, and amended by Resolution No. 2004-522, adopted on or about August 9, 2004, and by Resolution No. 2014-903 adopted on or about October 20, 2014, and by Resolution No. 2016-197 adopted on or about March 21, 2016, and by Resolution No. 2016-904 adopted on or about November 14, 2016, and by Resolution No. 2016-905 adopted on or about November 14, 2016, 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 Development Plan of the City of Waterloo, Iowa and amendments thereto (collectively, the "Plan") for the urban renewal area described as set forth in the Plan and in Attachment B to the proposed Amendment. 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 include within the Plan one or more additional urban renewal projects and to update related financial summaries of bonding capacity, project expenses, and funding sources, and also to set forth and include within the Plan an additional parcel of land, described as follows: Beginning at the intersection of the centerline of U.S. Highway 63 and the West line of the Northeast 1/4 of the Southwest 1/4 of Section 33, Township 89 North, Range 13 West, thence North along said West line to its intersection with a line that is 1,789.59 feet North of the South line of said Section 33, thence West along said line that is 1,789.59 feet North of the South line of said Section 33 to its intersection with the East line of Section 32, Township 89 North, Range 13 West, thence South along the East line of said Section 32 to its intersection with an Easterly extension of the North line of Lot 1 of Brock Addition, thence West along an Easterly extension of the North line of said Lot 1 and the North line of said Lot 1 to the Northwest corner of said Lot 1, thence South along the West line of said Lot 1 and a Southerly extension of the West line of said Lot 1 to the South line of said Section 32, thence East along the South line of said Section 32 and the South line of said Section 33 to the centerline of U.S. Highway 63, thence Northeasterly along the centerline of U.S. Highway 63 to the point of beginning. Also, beginning at the intersection of the Northerly right-of-way line of Martin Road and the Northwesterly right-of-way line of the Chicago Great Western Railroad (now abandoned), thence Northeasterly along said Northwesterly right-of-way to the centerline of W 3' Street, Resolution No. 2022-376 Page 2 thence East along the centerline of W 3rd Street to its intersection with a Northerly extension of the centerline of Orange Grove Avenue, thence South along said Northerly extension of the centerline of Orange Grove Avenue and the centerline of Orange Grove Avenue to the centerline of Campbell Avenue, thence East along the centerline of Campbell Avenue to the centerline of Fletcher Avenue, thence South and Southeasterly along the centerline of Fletcher Avenue to the centerline of W 4t' Street, thence Southwesterly along the centerline of W 4' Street to the centerline of Martin Road, thence West along the centerline of Martin Road to the centerline of Ansborough Avenue, thence North along the centerline of Ansborough Avenue to its intersection with the Southeasterly right-of-way line of U.S. Highway 63, thence Southwesterly along the Southeasterly right-of-way line of U.S. Highway 63 to its intersection with the East line of the West 75 feet of Lot 23 of Park View Gardens, thence South along said East line to its intersection with the North right-of-way line of Upland Drive, thence West along the North right-of-way line of Upland Drive to its intersection with the Southeasterly right-of- way line of U.S. Highway 63, thence Southwesterly along the Southeasterly right-of-way line of U.S. Highway 63 to its intersection with the Northerly right-of-way line of Martin Road, thence West along the Northerly right-of-way line of Martin Road to the point of beginning. WHEREAS, it is desirable that these areas be redeveloped as part of the overall development area covered by said 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 May 31, 2022, a consultation was held with the designated representatives of all affected taxing entities to discuss the proposed Amendment 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 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 May 16, 2022, 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 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: Resolution No. 2022-376 Page 3 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 Martin Road Development 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 Martin Road Development Plan 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 Martin Road Development 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 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 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 20th day of June, 2022. ,vvt►h ftart Quentin M. Hart, Mayor ATTEST: Kelley Felcile Kelley Felchle, City Clerk Resolution No. 2022-376 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 18th day of October, 2022. Kelley Felchle Kelley Felchle, City Clerk