HomeMy WebLinkAbout2016-197-3/21/2016 Prepared by Chris Wendland, City Attorney, City of Waterloo, 715
Mulberry Street, Waterloo, IA 50703, (319) 291-4323 .
RESOLUTION NO. 2016-197
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 27, 2014, 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 (the
NNPlan") for the urban renewal area described as follows :
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 1-4 of Section 33, Township 89 North, Range 13
West of the 5th P.M. , thence East along the North line of said
Southeast -1-4 of the Southwest q-4 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 1-14 of the
Southwest 1/ of 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 the East line of Tract A to the Northwest
corner of Lot 15 Kingswood First Addition, saidoint also being
g
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 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 North,
Range 13 West, thence South along the West line of said Section
to the North line of the Southeast 1/ of the Southeast '-4 of
Section 6, Township 88 North, Range 13 West, thence West along
the North line of the Southeast 1/ of the Southeast '-4 and the
North line of the Southwest 1/ of the Southeast '-4 to a point on
the Northwesterly right-of-way line of the Chicago Great Western
Railroad (now abandoned) , thence South 35031130" 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 75014 ' 03" West 637 . 67
feet, thence North 77 ' 34 ' 36" West 835 . 86 feet, thence North
06019 ' 51" East 32 . 15 feet to the South line of the Northwest 1/ of
the Southwest 1-4 of said Section 6, thence East along said line to
the West line of the Northeast 1/ of the Southwest 1-4 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 '-4 of said Section, thence East along said North line to
Resolution No . 2016-197
Page 2
a point on the East line of the West 440 feet of the East one-
half of the Northwest fractional -1-,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 North, Range 13 West,
to the West line of the East 475 feet of the Southwest 1-4 of the
Southeast 1/ of said Section 32, thence North 790 feet along said
West line, thence East 475 feet to the West line of the Southeast
of the Southeast 1/ of said Section, thence North along the West
line of the Southeast '-4 of the Southeast :�,4 to the Southwest
corner of the Northeast 1/ of the Southeast 1/ said Section 32,
thence Northeasterly to a point that is 990 feet East of and 675
feet North of the Southwest corner of the Northeast 1/ of the
Southeast 1-4 of said Section, thence Northeasterly to a point on
the East line of Section 32 that is 420 feet South of the
Northeast corner of the Southeast 1/ of said Section, thence South
along the East line of Section 32 to its intersection with the
Northerly right-of-way line of Martin Road, thence Northeasterly
and Easterly along said right-of-way, and an extension thereof,
to the centerline of U. S . Highway 63 (Sergeant Rd. ) , thence
Southerly along said centerline to the point of beginning, all in
the City of Waterloo, Black Hawk County, Iowa;
And also:
Beginning at the intersection of the North line of the Southeast
1, of the Southwest 1/ of Section 33, Township 89 North, Range 13
West and the Southeasterly right-of-way line of U. S . Highway 63
(Sergeant Road) ; thence Southwesterly along said right-of-way to
its intersection with the West line of the Southeast �,4 of the
Southwest ',4 of said Section 33; 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 East along said South line to the
Southeast corner of the Southeast 1/ of the Southwest 1-4 of said
Section 33; thence North along the East line of said Southeast 1/
of the Southwest 1/ of Section 33 to the Northeast corner of the
said Southeast 1/ of the Southwest k4 of Section 33; thence West
along the North line of said Southeast 1-4 of the Southwest 1/ of
Section 33 to the point of beginning;
And also:
Beginning at a point on the Northwesterly right-of-way line of
the Chicago Great Western Railroad (now abandoned) that is South
35031' 30" West 850 . 21 feet from a point on said Northwesterly
right-of-way line that intersects the North line of the Southwest
1/ of the Southeast 1/ of Section 6, Township 88, Range 13; thence
South to the centerline of U. S. Highway 20 as presently
established; thence Southeasterly along the centerline of U. S.
Highway 20 as presently established to its intersection with the
East line of Section 7, Township 88 North, Range 13 West; thence
Southerly along the East line of said Section 7 to a point that
is 745 . 6 feet South of the Northeast corner of said Section 7 ;
thence West 70 . 6 feet; thence South 419. 6 feet; thence Southerly
265 . 5 feet along a 407 . 5' radius curve concave Westerly having a
chord bearing South 18040' West 260 . 8 feet; thence South 37020'
West 149 . 5 feet; thence North 52°17 . 5' West 643 . 0 feet; thence
South 37042' West 450 feet; thence continuing South 37°42' West
to the Southeasterly most corner of the following described
parcel; the North 17 . 06 acres of the South 14 of the Northeast 1/
of Section 7, Township 88 North, Range 13 West located West of
road, and except that part of Timberline Patio Homes plat bounded
as follows : commencing at a point on the centerline of West 4th
Street which is 626. 32 feet Southwest of the intersection of said
centerline with the East line of said Section 7, ' thence North
89030' West 881 . 76 feet, thence North 37021' 30" East 837 . 49 feet,
thence South 52038' 30" East 710 feet, thence Southwesterly along
the centerline of West 4th Street to the point of beginning, and
except Highway, and except that part of the Northeast 1-4 of said
Resolution No . 2016-197
Page 3
Section 7 described as follows : beginning at a point on the West
line of said Northeast 14 which is 1, 218 feet South of the
Northwest corner of said Northeast ',,4, thence North 78 °47145" East
208 . 37 feet, thence South 3506' 15" West 352 . 10 feet to the West
line of said Northeast 1-4, thence Northwest to the point of
beginning, and except that part platted as Ekho Ridge Addition;
thence Northwesterly along the Southwesterly line of said
described parcel to its intersection with the West line of the
Northeast 1/ of said Section 7; thence Southerly along the West
line of the Northeast 1-4 of said Section 7 to the center of said
Section 7; thence South 89046150" West 99 . 19 feet along the North
line of the Southwest 1/ of, said Section 7; thence South 665 . 54
feet to the Westerly most corner of Lot 3 of Nottingham Heights
Addition; thence Westerly along the South line of the North '� of
the North 1,� of the Southwest '-4 of said Section 7 to the Northeast
corner of Lot C-1 of Southland Park Third Addition; thence
Southeasterly along the Northeasterly line of said Lot C-1 to the
Easterly most corner of said Lot C-1; thence southwesterly along
the Southeasterlyline of s -
said Lot C 1 and an extension of the
Southeasterly line of said Lot C-1 to the centerline of Charm
Drive; thence Northwesterly, Westerly, and Southwesterly along
the Centerline of Charm Drive to its intersection with a point on
the Southwest line of Southland Park 4th Addition; thence
Northwesterly and Northeasterly following the Southwesterly lines
of Southland Park 4th Addition to the Southerly most corner of
Lot C-8 of said addition; thence Northwesterly along the
Southwesterly line of said Lot C-8 to the Westerly most corner of
said Lot C-8; thence Southwesterly along the Southeasterly right-
of-way line of U. S . Highway 63 to the Northerly most corner of
the following described parcel : Unplatted Waterloo West, a part
of the Southwest 34 of Section 7, Township 88 North, Range 13
West, beginning at a point on the West line of said Section 7
which is 1, 066 . 45 feet North of the Southwest corner of said
Section 7, thence North 3602' East 44 feet, thence South 53058'
East 500 feet, thence South 36'21' West 344 feet thence North
53058' West 281 . 77 feet to the West line of said Section 7,
thence North 370 . 98 feet to the point of beginning; thence
Southeasterly along the Northeasterly line of said described
parcel to the Easterly most corner of said described parcel;
thence Southwesterly along the Southeasterly line of said
described parcel to the Southerly most corner of said described
parcel; thence South 53058' East a distance of 107 . 59' ; thence
South 35016' 20" West a distance of 139. 64' ; thence Southwesterly
in a straight line to a point on the West line of said Section 7
that i's 33 feet North of the Southwest corner of said Section 7;
thence South 33' to the Southwest corner of said Section 7;
thence Westerly along the South line of Section 12 of Township 88
North, Range 14 West to the intersection of the South line of
said Section 12 and a line 1,'000'' `Northwesterly of and parallel
to the Northwesterly right-of- way line of the Chicago Great
Western Railroad (now abandoned) ; thence Northeasterly 935 feet
along said parallel line; thence Southeasterly at a right angle
500 feet; thence ' Northeasterly at a right angle 878 . 6 feet;
thence Northwesterly at a right angle to the North line of the
South 1-� of the Southeast 1,4, of said Section 12; thence continuing
Northwesterly along the last bearing to the intersection with a
line 1, 000' Northwesterly of and parallel to the Northwesterly
right-of-way line of the Chicago Great Western Railroad (now
abandoned) ; thence Northeasterly along said parallel line to its
intersection with the Northeasterly right-of-way line of the
Cedar Falls Branch Line of the C NW Transportation Co. (now
abandoned) ; thence Northwesterly along said Northeasterly right-
of-way line to its intersection with the North line of the
Northeast 14 of the Southeast 1/ of Section 12, Township 88 North,
Range 14 West; thence East along said North line and the North
line of the Northwest 14 of the Southwest 14 of Section 7, Township
Resolution No . 2016-197
Page 4
88 North, Range 13 West to its intersection with the
Northwesterly right-of-way line of the Chicago Great Western
Railroad (now abandoned) ; thence Northeasterly along said
Northwesterly right-of-way line to the centerline of Ranchero
Road as presently established; thence Northwesterly and Westerly
along said centerline of Ranchero Road to the Southwest corner of
Section 6, Township 88 North, Range 13 West; thence Northerly
along the West line of said Section 6 to the Northwest corner of
the Southwest fractional 1-4 of the Southwest fractional 1-4 of said
Section 6; thence North 89042154" East a distance of 818 . 14 feet;
thence South 06°19' 51" West a distance of 32 . 15 feet; thence
South 77034' 36" East a distance of 835 . 86 feet; thence Easterly
637 . 85 feet along a 7, 789 . 65 foot radius curve, concave
Southerly, having a chord bearing South 75014103" East 637 . 67
feet; thence South 72026110" East 1005 . 02' to the point of
beginning.
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 :
Parcel "D" according to Plat of Survey filed on 1/28/2015 as Doc.
No. 2015-12088, as described as : That part of the Southwest
Quarter (SW'-4) of the Southeast Quarter (SE's) of Section Thirty-
three (33) , Township Eighty-nine North ' (T89N) , Range Thirteen
West (R13W) of the Fifth Principal Meridian, Waterloo, Black Hawk
County, Iowa, described as follows : Beginning at the Southwest
corner of aforesaid Southwest Quarter (SWI-4) of the Southeast
Quarter (SE1-4) ; thence N01052125"W Thirty-three (33 . 00) feet along
the West line of said Southwest Quarter (SWI-4) of the Southeast
Quarter (SES) to the North Right-of-Way line of Ridgeway Avenue;
thence N01053144"W Six Hundred Twenty-four and Twenty-six
Hundredth (624 . 26) feet still along said West line to the
Southeast corner of Parcel "K", Document No. 2003-27008 in the
Black Hawk County Recorder' s Office; thence N01037111"W Six
Hundred Sixty-seven and Fifty-two Hundredths (667 . 52) feet along
the East line of said Parcel "K" to the Northwest corner of
aforesaid Southwest Quarter (SW1-4) of the Southeast Quarter (SE1-,4) ,
which is also on the South line of Jane Addition; thence
N89°14 ' 00"E Two Hundred Ninety-five and Eighty-eight Hundredths
(295 . 88) feet along the South line of said Jane Addition to the
Southeast corner of said Jane Addition; thence S0104523"E One
Thousand Three Hundred Twenty-four and Sixteen Hundredths-
(1324 . 16) feet to the South line of aforesaid Southwest Quarter
(SW1/) of the Southeast Quarter (SE1-4) ; thence S89°06156"W Two
Hundred Ninety-five and Eighty-eight Hundredths (295 . 88) feet
along said South line to the point of beginning.
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}
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
Resolution No . 2016-197
Page 5
all respects and incorporated herein by this reference; `and
WHEREAS, on March 2, 2016, 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 February 15, 2016, 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 cof(flusions 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
J
Resolution No . 2016-197
Page 6
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.
4
Section 5 . That all other , provisions ,of the Plan not
affected or otherwise revised by the termsof the above-described
Amendment thereto be and the same are hereby ratified, confirmed,
and approved in all respects .
PASSED AND ADOPTED this 21St day of March, 2016.
14
Quentin Hart, Mayor
ATTEST:
Suz4Sar-es, CMC
Citk
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 .
WITNESS my hand and the seal of said Municipality hereto affixed
this 21St day of March 2016.
SEAL
P
uzy Sc ar , City Clerk