HomeMy WebLinkAbout2009-912-09/15/2009 This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry
Street, Waterloo, Iowa.
Council Member Steve Schmitt 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. 2 TO THE SAN MARNAN
DEVELOPMENT PLAN THEREFORE" and moved that the same be adopted.
Council Member Welper seconded the motion to adopt .
The roll was called and the vote was,
AYES : Cole, Getty, Hart, Greenwood, Steve Schmitt,
Welper, Reggie Schmitt
NAYS : none
Whereupon, the Mayor declared the Resolution duly adopted
as follows :
RESOLUTION NO. 2009-912
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. 2 TO THE SAN MARNAN
DEVELOPMENT PLAN.
WHEREAS, by Ordinance No. 4351, adopted on April 19, 1999,
and Resolution No. 1999-499, adopted July 26, 1999, 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
Development Plan of the City of Waterloo, Iowa (the "Plan" ) for
the Urban Renewal Area described as follows :
EXHIBIT "A"
San Marnan Development Plan - Original
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 :
Resolution No. 2009-912
Page 2
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 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.
WHEREAS, by Ordinance No. 4748 , adopted on December 13 ,
2004, and Resolution No. 2004-835, adopted December 13 , 2004,
this Council found and determined that certain areas located
within the City are eligible and should be designed as an urban
renewal area under Iowa law, and approved and adopted the San
Marnan Development Plan Amendment No. 1 of the City of Waterloo,
Iowa (the "Plan" ) for the Urban Renewal Area described as
follows :
EXHIBIT "B"
San Marnan Development Plan - Amendment No 1
Beginning at the intersection of the centerlines of W.
4th 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
Resolution No. 2009-912
Page 3
the South line of Tower Park Drive, thence
Southwesterly along an arc 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 1 57 . 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 % of
Section 10 Township 88 Range 13 , thence South along
the East line of the West % 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 West 4th Street,
thence North along the centerline of West 4th Street to
the centerline of San Marnan 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 89°03 ' 48" W a distance of 58 . 09 feet; thence
Resolution No. 2009-912
Page 4
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.
WHEREAS, a proposed Amendment No. 2 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 "C"
San Marnan Development Plan - Amendment No 2
A parcel of land in the Northwest Quarter (NW 1/) 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;
Resolution No. 2009-912
Page 5
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. 2 to the San Marnan
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
WHEREAS, adoption of Amendment No. 2 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. 2 to the San Marnan Development Plan and
the division of revenue described therein, and that notice of
said consultation and a copy of the proposed Amendment No. 2 to
the San Marnan Development Plan was 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. 2 to the San Marnan
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. 2 to the San Marnan 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. 2 thereto concerning the
area of the City of Waterloo, Iowa described in the preamble
Resolution No. 2009-912
Page 6
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 San Marnan
Development Area into decent, safe and sanitary dwelling
accommodations within their means and without undue
hardship to such families;
* The Plan, Amendment No. 1 and Amendment No. 2 to
the San Marnan 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 San Marnan Development 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
Resolution No. 2009-912
Page 7
City in accordance with sound planning standards and
local community objectives .
Section 3 . That the San Marnan Development Plan 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 . 2 to the San Marnan
Development Plan of the City of Waterloo, Iowa be and the same
is hereby approved and adopted as "Amendment No. 2 to the San
Marnan Development Plan for the City of Waterloo, Iowa" ;
Amendment No. 2 to the San Marnan Development Plan 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. 2 with the proceedings of
this meeting.
Section 5 . That the Plan, as so amended, for the San
Marnan Development 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. 2 to the San Marnan 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. 2
thereto, as well as Ordinance No. 5351, Resolution No. 1999-499,
Ordinance No. 4748 and Resolution No. 2004-835, previously
adopted by this City Council be and the same are hereby
ratified, confirmed and approved in all respects .
PASSED AND APPROVED this 14th day of September, 2009 .
Tim Hurley, May
ATTEST:
•'
Nancy -cker,j CMC
City Clerk
Resolution No. 2009-912
Page 8
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 16th day of September, 2009 .
SEAL Nancy cke CMC
City Clerk