HomeMy WebLinkAbout2015-802-10/5/2015 i
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Prepared by Chris Wendland, City Attorney, City of Waterloo, 715
Mulberry Street, Waterloo, IA 50703, 319-291-4323 .
RESOLUTION NO. 2015-802
RESOLUTION -AFFIRMING DETERMINATION OF AN AREA OF
4' 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 THE- 2015 AMENDMENT, OF THE
SAN MARNAN DEVELOPMENT PLAN, THEREFOR.
WHEREAS,, by. Resolution No. 1999-499, adopted on or about
July 26, 1999, and amended by Resolution No. 2006-835 adopted on
or about December 13, 2004, and amended 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 Development
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 _ d
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°26114" 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 -Co
. - the point of beginning; thence S 89°03148"1 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 64043156" 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 64043157" W `a distance of 130 . 55 feet;'
thence N 89003148" 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°14159" 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°26114'" 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-
0-W of U. S Hwy. 20; thence . N 89034 ' 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 - 89'314 ' 11-" E
a distance of 750 . 00 'feet; thence N 00°26 '14" W a distance
of 367 . 24 feet; thence S 89°03148" E a distance of 30 . 01
feet to the point. of beginning, all in. the City of Waterloo
Black Hawk ,County, Iowa.
And
Beginning at the intersection of the, centerlines of W. 4th
Street and West San Marnan Drive, .thence Easterly along the
t centerline of West San MarnanT 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 arc following the Southerly line of
Tower ParkDrive 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
-
Resolution No. 2015-802x
Page 2
Tower 'Park Addition, thence following said line of Lot 1
'57 . 3 feet along a 64 foot radius curve, thence South 45026'
14" East 52 feet to theP oint of intersection of Lot 1 and
Tract A, thence South 54048' 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.
h' 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 8.8 Range"` 13, thence South
along the East line of the West :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 $8 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 alongthe
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 00026114" 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°03148" 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°43156" '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 51028 ' 16"
E along the Westerly end of said Tower Park Drive a distance
sof 60 . 00 feet; thence Southwesterly along a curve concave
Northwesterly having a radius of 142 . 72 feet and a long
chord bearing S 64°431.57" W a distance of 130 . 55 feet; '
thence N 89°03148" W a distanced 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°14159" W
a distance of 31 . 90 feet; thence S 00°26114" E a distance of
346. 22 feet; thence N 89034" 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-
0-W of U. S . Hwy. 20; thence N 89034 ' 11" W along said
Northerly ` R-O-W a ,distance of 780 . 00 feet; thence N`
00026114 W . a distance of 530 . 00 feet; thenc"e S 89'34111" E
a distance of 750 . 00 feet; "thence N 00'26114" W a 'distance
w of` 367 . 24 ,feet;, thence S 89003 ' 48" 'E a distance of 30 . 01
feet to the point of beginning, all iri the City of Waterloo,
Black Hawk County, Iowa.
And
A parcel of .land in the Northwest Quarter (NW 1-4) 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!
M 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
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Resolution No. 2015=802
Page 3
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 tb 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 2015 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, but not to alter the land,
previously designated as the urban. renewal plan area; and
k
WHEREAS, on September 18, 2015, a consultation was held with
the designated representatives of all affected taxing entities to
discuss the proposed Amendment 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 -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 & Devel=opment Director submitted to Council and
incorporated herein by this reference, which report is in all
respects approved; and
WHEREAS, by a resolution passed September .21, 2015, this
Council also set a public hearing on the adoption.. of the
Amendment for this meeting of , the Council, andfdue and proper
notice of said public hearing was given, as provided by law, by
timelypublication 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
-requisite 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 . xThis Council further finds that (a) a feasible
method exists for the location of families who will be displaced
from the San Marnan Development Plan Area into decent, safe and
Resolution No. 2015-802
Page 4
sanitary dwelling accommodations within their means and without
undue hardship to ' such families, and (b) the Plan and 2015
Amendment thereto conform to the general plan for the development
of the City as a whole.
s Section 3 . That the 2015 Amendment to the San Marnan
Devel'opment Plan of the City of Waterloo, Iowa be and the same is
hereby approved and adopted as "2015 Amendment - to the San Marnan
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' San Marnan
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 San Marnan Development Plan shall be
forthwith certified- by the City Clerk, along with a copy ,of this
4 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 Plane not
affected or otherwise revised by the terms of. '2015 Amendment _,:
thereto be and the same are hereby ratified,,. confirmed, and
approved in all respects,. k
,
PASSED AND APPROVED this 5th day of October, 2015 .
i
E st G. C ark, Mayor ,
ATTEST:
Suzy Sc ries, City Clerk
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 k
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
a 'to the commencement 'of the meeting as required-by said law and
s
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Resolution No. 2015-802
Page 5
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 orthe right of the individuals named
therein as officers to their respective positions .
WITNESS m hand and the seal of said Municipality hereto
affixed this 5tsday of October, 2015 .
SEAL
Suzy Sc ares, City Clerk
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