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HomeMy WebLinkAbout2017-964-11/2/2017 Prepared by Chris Wendland, City Attorney, City of Waterloo, 715 Mulberry Street, Waterloo,IA 50703, (319)291-4323. RESOLUTION NO. 2017-964 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 SAN MARNAN URBAN RENEWAL AND REDEVELOPMENT PLAN THEREFOR. WHEREAS, by Resolution No. 1999-499 adopted on or about July 26, 1999, and amended by Resolution No. 2004-835, adopted on or about December 13, 2004, and by Resolution No. 2009-912 adopted on or about September 14, 2009, 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 San Marnan Urban Renewal and Redevelopment Plan of the City of Waterloo, Iowa and amendments thereto(the"Plan")for the urban renewal area described as follows: A part of the NW 1/4 of the NE 1/4,NE 1/4 of the NE 1/4 and the SW 1/4 of the NE 1/4 of Section 9-88-13,Waterloo,Black Hawk County,Iowa, described as follows: Commencing at the Northeast corner of the NW 1/4 of the NE 1/4 of said Section 9;thence S 00°26'14"E along the East Line of the NW 1/4 of the NE 1/4 of said Section 9 a distance of 463.53 feet to the point of beginning;thence S 89°03'48"E a distance of 110.02 feet;thence Northeasterly along a curve concave Northwesterly having a radius of 82.72 feet and a long chord bearing N 64°43'56" E a distance of 75.66 feet to the Northerly R-O-W line of Tower Park Drive as platted in Tower Park, Waterloo,Black Hawk County,Iowa;thence S 51°28'16"E along the Westerly end of said Tower Park Drive a distance of 60.00 feet;thence Southwesterly along a curve concave Northwesterly having a radius of 142.72 feet and a long chord bearing S 64°43157" W a distance of 130.55 feet;thence N 89°03'48" W a distance of 58.09 feet;thence Southerly along a curve concave Southeasterly having a radius of 20.00 feet and a long chord bearing S 45°14'59" W a distance of 31.90 feet;thence S 00°26'14"E a distance.of 346.22 feet;thence N 89°34'11" W a distance of 30.00 feet to the East line of the NW 1/4 of the NE 1/4 of said Section 9;thence S 00°26'14"E along the East line of the NW 1/4 of the NE 1/4 and the East line of the SW 1/4 of the NE 1/4 of said Section 9 a distance of 470.00 feet to the Northerly R-O-W of U.S. Hwy.20;thence N 89°34'11" W along said Northerly R-O-W a distance of 780.00 feet;thence N 00°26'14" W a distance of 530.00 feet;thence S 89°34'11"E a distance of 750.00 feet;thence N 00°26'14" W a distance of 367.24 feet;thence S 89°03'48"E a distance of 30.01 feet to the point of beginning, all in the City of Waterloo,Black Hawk County,Iowa. The East line of the NW 1/4 of the NE 1/4 of Section 9-88-13, Waterloo, Black Hawk County,Iowa is assumed to bear S 00°26'14"E. AND Beginning at the intersection of the centerlines of W.4 1 Street and West San Marnan Drive, thence Easterly along the centerline of West San Marnan Drive to the point where the centerline of Johnathon Street extended would intersect said centerline,thence South and Southeasterly along the extension of the centerline and the centerline of Johnathon Street to the South line of Tower Park Drive,thence Southwesterly along an are following the Southerly line of Tower Park Drive to the Westerly line of Tract A of Tower Park Addition,thence South 45°26' 14"East a distance of 173.84 feet,to a point on the Southwesterly line of Lot 1 Tower Park Addition,thence following said line of Lot 157.3 feet along a 64 foot radius curve,thence South 45°26' 14"East 52 feet to the point of intersection of Lot 1 and Tract A,thence South 54°48' 14"East to the most Southerly corner of Tract A,thence in a straight line to the most Westerly corner of Lot 1 of Tower Park No. 2,thence East along the South line of said Lot 1 and an extension thereof to the centerline of Kimball Avenue,thence South along the centerline of Kimball Avenue to the centerline of U.S. Highway 20,thence Easterly along the centerline of U.S. Highway 20 to its intersection with the East line of the West 3/4 of Section 10 Township 88 Range 13,thence South along the East line of the West 3/4 of said Section 10 to the South line of said Section,thence West along the South line of Section 10 Township 88 Range 13 to the Southwest corner of said Section,thence continuing West along the South line of Section 9 Township 88 Range 13 to the Southwest corner of said Section,thence West 466 feet along the South line of Section 8 Township 88 Range 13,thence North 466 feet,thence East 466 feet to the East line of said Section 8,thence North along the East line of said Section to its intersection with the centerline of U.S. Highway 20,thence Westerly along said centerline to its intersection with the centerline of Resolution No. 2017-964 Page 2 West 4th Street,thence North along the centerline of West 4th Street to the centerline of San Martian Drive, said point being the point of beginning, except that part described as follows: A part of the NW 1/4 of the NE 1/4,NE 1/4 of the NE 1/4 and the SW 1/4 of the NE 1/4 of Section 9-88-13, Waterloo,Black Hawk County, Iowa, described as follows: Commencing at the Northeast corner of the NW 1/4 of the NE 1/4 of said Section 9;thence S 00°26'14" E along the East Line of the NW 1/4 of the NE 1/4 of said Section 9 a distance of 463.53 feet to the point of beginning;thence S 89°03'48" E a distance of 110.02 feet;thence Northeasterly along a curve concave Northwesterly having a radius of 82.72 feet and a long chord bearing N 64°43'56"E a distance of 75.66 feet to the Northerly R-O-W line of Tower Park Drive as platted in Tower Park,Waterloo,Black Hawk County,Iowa;thence S 51°28'16" E along the Westerly end of said Tower Park Drive a distance of 60.00 feet;thence Southwesterly along a curve concave Northwesterly having a radius of 142.72 feet and a long chord bearing S 64°43'57" W a distance of 130.55 feet;thence N 89003'48" W a distance of 58.09 feet;thence Southerly along a curve concave Southeasterly having a radius of 20.00 feet and a long chord bearing S 45°14'59" W a distance of 31.90 feet;thence S 00026'14"E a distance of 346.22 feet;thence N 89°34'11" W a distance of 30.00 feet to the East line of the NW 1/4 of the NE 1/4 of said Section 9;thence S 00'26'14" E along the East line of the NW 1/4 of the NE 1/4 and the East line of the SW 1/4 of the NE 1/4 of said Section 9 a distance of 470.00 feet to the Northerly R-O-W of U.S. Hwy. 20;thence N 89°34'11" W along said Northerly R-O-W a distance of 780.00 feet;thence N 00°26'14" W a distance of 530.00 feet;thence S 89°34'11" E a distance of 750.00 feet;thence N 00°26'14" W a distance of 367.24 feet;thence S 89003'48" E a distance of 30.01 feet to the point of beginning, all in the City of Waterloo,Black Hawk County,Iowa. The East line of the NW 1/4 of the NE 1/4 of Section 9-88-13,Waterloo,Black Hawk County,Iowa is assumed to bear S 00026'14" E. AND A parcel of land in the Northwest Quarter(NW '/4)of Section .10,Township 88 North,Range 13 West of the 5th P.M.,Black Hawk County,Iowa, described as follows: Beginning at the intersection of the centerline of Kimball Avenue and the centerline of US Highway 20;thence Easterly along the centerline of US Highway 20 to the intersection of said centerline and the Southerly extension of the Western-most line of Lot 1,Anderson's Addition;thence Northerly along said Western-most line of Lot 1,Anderson's Addition and the extension thereof,to the South line of Lot 1,Anderson's 1St Addition;thence Westerly along the South line of Lot 1,Anderson's 1St Addition and the South end of the Mirage Ridge right of way to the West right of way line of Mirage Ridge;thence North along the West right of way line of Mirage Ridge to the South line of Lot 1,Anderson's Fifth Addition;thence Westerly along the South line of Lot 1,Anderson's Fifth Addition and Lot 1,Anderson's Eighth Addition and the Westerly extension thereof,to the centerline of Kimball Avenue;thence Southerly along the centerline of Kimball Avenue to the centerline of US Highway 20 and the point of beginning, all in the City of Waterloo,Black Hawk County,Iowa. 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. 2004-835, filed with the San Marnan Development Plan Amendment No. 1 ("Amendment No. 1")as Doc.No.2006-4061, located in Section 9 and 10 of T88 R13 lying Southerly of the centerline of US Highway 20. AND That part of the above described Amendment No. 1 area located in Section 8 of T88 R13, except that part of said Section 8 described as Beginning at the intersection of the East line of the NE '/4 of said Section 8 and an Easterly extension of the South line of the parcel of land described in Land Deed Book 543, Page 141, in the Black Hawk County Recorder's Office;thence S89040'05"W 49.00';thence continuing S89°40'05"W 188.62';thence S89°05'28"W to the Easterly right-of-way line of Galactic Drive;thence Northerly along said Easterly right-of-way line and an extension of said Easterly right-of-way line to the centerline of West San Marnan Drive;thence Easterly along said centerline to a point that would intersect a Northerly extension of the East line of said Section 8;thence Southerly along said Northerly extension and the East line of said Section 8 to the Point of Beginning. AND That part of the above described Amendment No. 1 area described as Beginning at the intersection of the centerline of West San Marnan Drive and the Northerly extension of the West line of the Northeast 1/4 of the Northwest'/4 of Section 9,T88 R13;thence Southerly along said Northerly extension and said West line to the Northerly right-of-way line US Highway 20;thence Easterly along said Northerly right-of-way line to the Southwest corner of Lot 1 of Tower Resolution No. 2017-964 Page 3 Technology Park Plat No. 1;thence Northerly along the Westerly line of said Lot 1 to the Northwest corner of said Lot 1;thence Northerly along the Westerly most line of Tract A of Tower Technology Park Plat No. 1 to the Northwest corner of said Tract A that is on said Westerly most line of said Tract A;thence Easterly along the Northerly right-of-way line of Fisher Drive, as presently established,to a point that is N89°34'50"W 50.00' from the Southwest corner of Lot 3 of Tower Park No. 5;thence NO°26'00"W 310.66' to the Southerly right-of-way line of Tower Park Drive, as presently established;thence Easterly along said Southerly right-of- way line to a point where a Southerly extension of the West line of Lot 2 of Tower Park No. 5 would intersect;thence Northerly along a Southerly extension of said West line,along said West line, and along a Northerly extension of said West line to the centerline of West San Marnan Drive;thence Westerly along said centerline to the point where a Northerly extension of the Easterly line of Lot I of Tower Park No. 6 would intersect;thence Southerly along said Northerly extension and said Easterly line to the Southeast corner of said Lot I;thence Westerly along the South line of said Lot 1 to the Southwest corner of said Lot 1;thence Northerly along the Easterly right-of-way line of Hurst Drive and a Northerly extension of said Easterly right-of-way line to the centerline of West San Marnan Drive;thence Westerly along said centerline of West San Martian Drive to the Point of Beginning. AND That part of the above described Amendment No. 1 area described as: Lot 1,Tract A, and Tract B of Tower Park No. 4. AND That part of the above described Amendment No. 1 area described as: Lot A and Lot 3 except the East 21.99 feet of Lot 3 of Country Club Business Center Addition, and Lot 2 of Country Club Business Center Second Addition, and Lot 3 of Country Club Business Center Third Addition. 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 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 San Marnan 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, Resolution No. 2017-964 Page 4 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 San Marnan 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 San Marnan Urban Renewal and Redevelopment 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 San Marnan 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 San Marnan 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 27h day of November 2017. Quentin M. Hart,Mayor ATTEST: LA elley Fefe, City 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 2017-964, 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. Kelley Fe chle •. "M City Clerl .� �� *' .