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e t zes°f the land
• Ati�� Mt.NIcCa requeststooluntazyamenddesczzbea es the P etiti°n$�)R °iN �Natezl°o v a1°fav sh°wna addzes eightyscx��� The City of d appz be annexed zs The nan'es't°ut in th thanbe annexed isWari 1 consideration e ea to esheteiz1 seubstant CeXationazeent5 Thpz tO tes,LL .cAR°t�`N �,ratezlo d�n S bseAUent pagdf°zant zepzes eXed Ass°cza
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w�ra under vati also in ell,which p includes a'coal
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be annexed b Merle$ be annexed detlying fare ed among th contigurty
°x 1� itpzy tO owned y toty t0 the un e inclUd t°vide tO the
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p ers' a�t re incl nning a
RoN petition t ners of th eas a e rOvislOn 1a
Kawk Coun t, the°�'� setting az th p fzon'a p
wLPER Kawk Count t _con tO facilitate sense
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etitiOners• zzn bout
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Nancy Et
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City Clet
Enclosures G F�R�O��
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TABLE �� C ATTACHMENTS
ATIpN WITH ATTA
TARP ANNEX THE AERATION BOUNDARY AND
UN ION APPRONASG N ETpRY
�1p1'
PETITION FOR �'CITY
A PE CIL RESOLUT WING TIIE-EXISTING
PORTIONS 5 OF CALCULATIONS OF
B. CITY CAUN TITE TERRITORY
E T ORYON O NON
-CONSENT
UD G F T E AMBER OF
MAPS ONSESCRIP AND N ITE TEWTORY INCLUDING
ENONNSER
CALL
C. TIIE CONSENTING
OF OF A�S BEING E CONSENT OF
TIT
D. LEGAL AT�'1'N WITHOUT TIIE
x O SEE SECTION j)IIN'PROPOSED
A NOTICES
INCLUDED
NCLU PUBLICATIONS(ALSO
ACRES wI E NNEXAND NEW
NOTICES AND PU TOT AL NUMBER OF A T1IE ER�TORY A
E. RYATP TTOEDTINE USES IN
SUMMA TION TE�PROPOSED LAND BE PROVIDEDGAL DESCRIPTION
N
OA F� cNN�NT ALA RVICES THAT �ERSKIP AND LE Y IS SUBJECT T
MUNICIPA VERIFICATION OF O ERTxETE So`T�ETxEs o THE
TIIE
AUDITOR S V INDICATING
WMENT AND WITHTHE TERM
G. ROPOSSTATEMENT
E p T��U N IS CONSISTENT PROPERTY OR
K• �XISTOS�D A�EXATIO R ST ATE_O��CLUDED�T
EI1 IIE E
A ITEM T INDICATING WT_O WAY SECTION N 15 NOTICE
TEMENT ROB UGH CODES E OF
A STATY_OWNED ALIT TO IAW A ECTIOED WallINCLUDING N O TO
I COO ASAI'PUON E CITY IIACTOpN 3Gg.'1(3�oP PUBLICATION
UBLICA
PROPOSAL
R CERTIFICATION TEAS OFM W A CODE
ND APPIDAVIT
J. CER UIREMENTOF PIE APPLICATION
PPLICC O OF SUPERVISORS
MOILING D PUBLIC-NOTICE
UBLIC NOTI TS BY THE BOARD REQUI ION AND CAMMEN
K. RESpLUT NT AGREEMENT
L.
DEVELOPME
/ ,
BEFORE THE CITY COUNCIL OF WATERLOO,IOWA
/
NW. PETITION FOR VOLUNTARY ANNEXATION
v
'* `-- option
c, � �� "- Associates, LLC, as
c'"Tltdersigned landowners and Elk Run Energyhereby
"' r-re4 estate owned by the undersigned (collectively the "Petitioners"),� ther as
�hetd ,fo to annex the following
«it of Waterloo, Iowa (the its location? in relationship to the City, and as
:petition the Y herein.
showx�by the4 aP that follows, showing provided in subsequent pages
legal described on the Annexation Plat d signatures of the Petitioners arc set out in the
The names,so is addresses,
for Voluntary Annexation and made a part hereof.
following pages of this
least eighty 80 percent of
al Union Pacd area in ific
Thehe
Petitionersox herein. The r territory at to be annexed also includeswhich parties arec
territory to be annexed.
Railroad right-of-way and a parcel of real estate owned by Merle
Bel , which includes a
not included among the Petitioners. In addition, the territory
Black Hawk County, Iowa, through easements with the underlying
road occupied b Y in Phyllis Joan Morgan, Thomas C. and Theresa L. Milota,
ownership thereof being
John D. Arbuckle
James H. and Eleanor Pardee, Michael and Ghristin A. Padden,
Scott Craig Munger, Troy Gene Munger, and Dorothy
Trustee, Todd Raymond Munger, the Petitioners.
J. Munger,which parties are not included among 368.7, Petitioners request a
THEREFORE, pursuant to Iowa Code Section
Resolution annexing the area described herein.
I, i3y:
f cl044../(2j (Date)
aul G.Thessen
Executive Vice President
ates,LLC
Elk Run Energy
do LS power Development, LLC
400 Chesterfield Center, Ste. 110
St. Louis,Missouri 63017
Phone 636-532-2200
�.—.-DAY OF
RECEIVED BY THE CITY O20F WATERLOO,IOWA,THIS
City C ark
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I hereby certify that this Land Surveying
�I document yes prepared by me or under
i "'' my direct personal supervision and
I "' that I am a duly Licensed Land Surveyor
,,, `2S•o..•�AND.ti4';FWD. 3" ALUM. DISK �thelava pfl the Stets of lova.
`, i W 1/4 CDR. SEC. 22-89-12 I 'U: MICXA[L t. io z
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License rester 8505
' 22 ;OR. SEC. 23-89-12 �''-.,,I''"•..••''.1 ,.•0`` M Iteense renewal date !s ()ember 31,20DB
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_ _ _ _ _ _ _ — _ _ — _ _ — _ _ — _ _ — — _ "` Pages or sheets covered by this seals
1 1 O F 2 SHEETS 1 AND 2 OF 2
�iyca Manue�Ltd cesa.r
PROPERTY
SECTION 15. TOWNSHIP 89 NORTH. RANGE
PROJECT NAME STREET. ALSO MERLE ROAD. AND ALSO
PARCEL COUNTY OF BLACK HAWK. STATE OF
NUMBER
1 MILLER/OLDENBURGER "E SOUTH 89° (DEGREES) 20' (MINUTES) 35"
2 MILLER/OLDENBURGER CRIPTION) ON THE SOUTH LINE OF THE
3 MILLER/DLDENBURGER TO THE POINT OF BEGINNING: THENCE SOUTH
4 MILLER/OLDENBURGER Y LINE OF NEWELL STREET: THENCE SOUTH
ET TO THE WEST LINE OF THE NORTHWEST 1/4
5 MILLER/OLDENBURGER PRINCIPAL MERIDIAN: THENCE SOUTH
6 BELL WELL STREET. 1.005.90 FEET; THENCE SOUTH
7 RYAN THENCE SOUTH 89°49'51" WEST ON SAID SOUTH
8 RYAN ON SAID SOUTH RIGHT-OF-WAY LINE. 17.00
Y LINE. 741.02 FEET TO THE WEST LINE OF
9 LKR FARMS 2 WEST OF THE 5TH PRINCIPAL MERIDIAN:
10 MILLER 3 THE SOUTH 1/4 CORNER OF SAID SECTION 15:
ST 1/4 OF SAID SECTION 15. A DISTANCE OF
STREET: THENCE NORTH 89°49'51" EAST
0O°10'47" EAST ON SAID NORTH RIGHT-OF-
7RTH RIGHT-OF-WAY LINE. 460.00 FEET TO THE
ION 15: THENCE NORTH 00°10'47" EAST ON
EAST 1/2 OF THE SOUTHEAST 1/4 OF SAID
= THE EAST 1/2 OF THE SOUTHEAST 1/4 OF
4 CORNER OF SAID SECTION 14: THENCE NORTH
THWEST 1/4 OF SAID SECTION 14. A DISTANCE
BEARI= THE NORTHWEST 1/4 OF SAID SECTION 14:
1/2 OF THE NORTHWEST 1/4 OF SAID
1 TO 2 = SNER OF THE SOUTH 1/2 OF THE NORTHWEST
2 TO 3 = <VORTH LINE OF THE SOUTHWEST 1/4 OF THE
TO THE NORTHERLY EXTENSION OF THE WEST
3 TO 4 = 9NDEMNATION. RECORDED IN LAND DEED
4 TO 5 = THENCE SOUTH 00°01'39" EAST ON SAID
'7UTHWEST CORNER OF SAID PARCEL OF
5 TO 6 = '. PARCEL OF LAND AND ITS EASTERLY
6 TO 7 = !OF AND PARALLEL WITH THE EAST LINE OF THE
E SOUTH 00'08'13" EAST ON SAID PARALLEL
7 TO 8 = pyTHE NORTHEAST 1/4 OF SAID SECTION 14:
8 TO 9 = 5[ TO THE NORTHEAST CORNER OF THE EAST
°01'46" EAST ON THE EAST LINE OF SAID EAST
9 TO 10 = -ET NORTH OF AND PARALLEL WITH THE NORTH
10 TO 11 = MD IN LAND DEED BOOK 561. PAGE 63. IN
11 TO 12 = r35" WEST ON SAID PARALLEL LINE.
?.00 FEET WEST OF AND PARALLEL WITH THE
12 TO 13 = p;T ON SAID PARALLEL LINE AND ITS
13 TO 14 =
14 TO 15 =
15 TO 16 = p
16 TO 17 =
17 TO 18 = p
18 TO 19 = p
19 TO 20 = I
20 TO 21 = p
21 TO 22 =
THIS PLAT OR SURVEY IS NOT A DIVISION OF LAND.
22 TO 23 =
23 TO 24 = IT IS FOR ANNEXATION OF LAND.
24 TO 25 =
25 TO 2 = -�
r.. 3-(4 -a !
SIGNATURE OF SURVEYOR DATE
Earth Tech
A typo H.MWNI Ud G°pa/
SHEET 2 OF 2
Landowner/Petitioner Name:Douglas Miller and Debra Miller
Landowner/Petitioner Address:4811 Newell Street,Waterloo,IA 50703
Landowner/Petitioner Phone: (319)291-6035
Legal Description:
The following described real property located in.Black Hawk County,Iowa is FULLY
included in the Annexation Plat:
Parcel ID:8912-15-476-003
TEAT PART SE SE SEC 15 T 89 R 12 DESC AS FOL: COM AT SE COR SAID SE SE
TH W 699.68 FT ALONG S LINE SAID SE SE TO PT OF BEG TH CONT W 523.27
FT ALONG SAID S LINE TH N 415.88 FT THE 313.55 FT TH S O1 DEG 49 MIN 44
SEC W 93.97 FT THE 211.91 FT TH S 316.59 FT TO PT OF BEG EXC RD R-O-W
Owner(s):
021_40#1-4,4
gM (Date)
(Ak, a k c)7
Debra Miller ` (Date)
Landowner/Petitioner Name:Marlene Pearl Miller
Landowner/Petitioner Address:4418 Vintage Lane,Waterloo,IA 50701
Landowner/Petitioner Phone:(319)232-1806
Landowner/Petitioner Name:Darrel Oldenburger and Jeanne Mae Oldenburger
Landowner/Petitioner Address:3435 Monarch Avenue,Marion,IA 52302
Landowner/Petitioner Phone: (319)377-2721
Legal Description:
The following described real property located in Black Hawk County,Iowa is FULLY
included in the Annexation Plat:
Parcel ID: 8912-15-476-002
SE SE SEC 15 T 89 R 12 EXC N 17 FT OF THE S 50 FT OF THE W 300 FT SEE BK
493 P 631 AND EXC RD AND EXC THAT PART DESC AS FOL: COM AT SE COR
SAID SE SE TH W 699.98 FT ALONG S LINE SAID SE SE TO PT OF BEG TH
CONT W 523.27 FT ALONG SAID S LINE TH N 415.88 FT THE 313.55 FT TH S 01
DEG 49 MIN 44 SEC W 93.97 FT TH E 211.91 FT TH S 316.59 FT TO PT OF BEG
AND EXC RD R-O-W
Parcel ID: 8912-15-426-001
NE SE EXC RR SEC 15T89R12
Parcel ID: 8912-14-351-001
SW SW SEC 14 T 89 R 12
ii
Parcel ID:8912-14-301-001
NW SW SEC 14 T 89 R 12
Parcel ID: 8912-14-151-001
SWNWEXCRRSEC 1.4T89R 12
Owner(s):
�.1/1 btu- p
Marlene Peal Miller J (Date)
- ett() —7
Darrel Oldenburger (Dat
Jeanne Mae Oldenbur r (ITa�e
Landowner/Petitioner Name:Marvena Ryan
Landowner/Petitioner Address: 2643 E. Donald Street,Waterloo,IA 50703
Landowner/Petitioner Phone:(319)236-3166
Legal Description:
The following described real property located in Black Hawk County,Iowa is FULLY
included in the Annexation Plat:
Parcel ID: 8912-14-326-001
NE SW SEC 14 T 89 R 12
The following described real property located in Black Hawk County,Iowa is
PARTIALLY included in the Annexation Plat:
Parcel ID: 8912-14-376-002
SE SW SEC 14 T 89 R 12 EXC COM AT PT 33 FT N OF SE COR SW SEC 14 TO PT
OF BEGTH310 FTNTH 532 FT W TH 310 FT S TH 532 FT ETOPT OF BEG
Owner(s):
itkt1: OQ- 0 rt
Ma -na Ryan ( 1\ (Date)
AFFIDAVIT VERIFYING AUTHORITY
State of Iowa, County of Black Hawk ss.
Comes now the undersigned,being duly sworn,deposes and says:
1. That I am the Attorney of LKR Farms,Inc. ("LKR"),a Corporation duly created,
organized, and existing,under and by virtue of the laws of the State of Iowa.
2. That as Attorney of LKR I have custody of the stock book of said Corporation.
3. That Lois K. Rieger is the sole Shareholder,Director,and Officer of LKR. More
specifically,Lois K. Rieger is the duly elected and qualified President of LKR, and as such has
the authority to act and enter into all documents on behalf of LKR,including but not limited to
the Petition for Voluntary Annexation with the City of Waterloo, Iowa,dated March 20,2007.
4. That I make this Affidavit in order to verify that Lois K. Rieger is the President of
as authority to act on its behalf.
Eric W. Johnson �.
Beecher, Field, Walker,M is,
Hoffinan, &Johnson,P.C.
620 Lafayette St.
Waterloo, IA 50704
Telephone(319)234-1766
Subscribed and sworn to before me this 411,0 day of June, 2007.
tekt
aLl
11 •"'"`•• BARBARA J. KAYSER
My commission expires , i19509 COMMISSION NO. 5
• s MY COMMISSION 9509
/ow• March 02,2010
Landowner/Petitioner Name: Merle Bell
Landowner/Petitioner Address: 1644 Merle Road,Waterloo, IA 50703
Landowner/Petitioner Phone: (319)233-8631
Legal Description:
The following described real property located in Black Hawk County, Iowa is FULLY
included in the Annexation Plat:
Parcel ID: 8912-14-176-001
SE NW EXC RR SEC 14 T 89 R 12
Owner(s):
Merle Bell (Date)
This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry
Street, Waterloo, Iowa.
RESOLUTION NO. 2007-332
RESOLUTION ANNEXING REAL ESTATE TO THE CITY
OF WATERLOO, IOWA.
WHEREAS, the following property owners have made application
to have the hereafter described real estate annexed to the City of
Waterloo, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
WATERLOO, IOWA, that the following described real estate, all of
which is located in the County of Black Hawk, State of Iowa, be
and the same is hereby added to and annexed and made a part of the
City of Waterloo, Black Hawk County, Iowa:
ELK RUN ENERGY ASSOCIATES, LLC
A PARCEL OF LAND SITUATED IN PART OF SECTION 14 AND
PART OF SECTION 15, TOWNSHIP 89 NORTH, RANGE 12 WEST OF
THE 5TH PRINCIPAL MERIDIAN, ALSO PART OF NEWELL STREET,
ALSO MERLE ROAD, AND ALSO PART OF THE UNION PACIFIC
RAILROAD RIGHT-OF-WAY, ALL IN THE COUNTY OF BLACK HAWK,
STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH 1/4 CORNER OF SAID SECTION 14;
THENCE SOUTH 89° (DEGREES) 20' (MINUTES) 35" (SECONDS)
WEST (ASSUMED BEARING FOR THE PURPOSE OF THIS
DESCRIPTION) ON THE SOUTH LINE OF THE SOUTHWEST 1/4 OF
SAID SECTION 14, A DISTANCE OF 632.01 FEET TO THE POINT
OF BEGINNING; THENCE SOUTH 00°01'46" EAST, 33.00 FEET
TO THE PRESENT SOUTH RIGHT-OF-WAY LINE OF NEWELL
STREET; THENCE SOUTH 89°20'35" WEST ON SAID SOUTH
RIGHT-OF-WAY LINE, 2,022.48 FEET TO THE WEST LINE OF
THE NORTHWEST 1/4 OF SECTION 23, TOWNSHIP 89 NORTH,
RANGE 12 WEST OF THE 5TH PRINCIPAL MERIDIAN; THENCE
SOUTH 89°49'51" WEST ON THE PRESENT SOUTH RIGHT-OF-WAY
LINE OF NEWELL STREET, 1,005.90 FEET; THENCE SOUTH
00°34'11" EAST ON SAID SOUTH RIGHT-OF-WAY LINE, 17.00
FEET; THENCE SOUTH 89°49'51" WEST ON SAID SOUTH RIGHT-
OF-WAY LINE, 900.02 FEET; THENCE NORTH 00°34'11" WEST
ON SAID SOUTH RIGHT-OF-WAY LINE, 17.00 FEET; THENCE
SOUTH 89°49'51" WEST ON SAID SOUTH RIGHT-OF-WAY LINE,
741.02 FEET TO THE WEST LINE OF THE NORTHEAST 1/4 OF
SECTION 22, TOWNSHIP 89 NORTH, RANGE 12 WEST OF THE 5TH
PRINCIPAL MERIDIAN; THENCE NORTH 00°34'11" WEST ON SAID
WEST LINE, 33.00 FEET TO THE SOUTH 1/4 CORNER OF SAID
SECTION 15; THENCE NORTH 00°13'42" EAST ON THE WEST
LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 15, A
DISTANCE OF 33.00 FEET TO THE PRESENT NORTH RIGHT-OF-
WAY LINE OF NEWELL STREET; THENCE NORTH 89°49'51" EAST
ON SAID NORTH RIGHT-OF-WAY LINE, 863.37 FEET; THENCE
NORTH 00°10'47" EAST ON SAID NORTH RIGHT-OF-WAY LINE,
17.00 FEET; THENCE NORTH 89°49'51" EAST ON SAID NORTH
RIGHT-OF-WAY LINE, 460.00 FEET TO THE WEST LINE OF THE
EAST 1/2 OF THE SOUTHEAST 1/4 OF SAID SECTION 15;
THENCE NORTH 00°10'47" EAST ON SAID WEST LINE, 2,598.71
FEET TO THE NORTHWEST CORNER OF THE EAST 1/2 OF THE
SOUTHEAST 1/4 OF SAID SECTION 15; THENCE NORTH
89°44'27" EAST ON THE NORTH LINE OF THE EAST 1/2 OF THE
SOUTHEAST 1/4 OF SAID SECTION 15; A DISTANCE OF
1,321.17 FEET TO THE WEST 1/4 CORNER OF SAID SECTION
14; THENCE NORTH 00°11'55" EAST ON THE WEST LINE OF THE
SOUTH 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 14, A
Resolution 2007-332
Page 2
DISTANCE OF 1,325.27 FEET TO THE NORTHWEST CORNER OF
THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 14;
THENCE NORTH 89°16'57" EAST ON THE NORTH LINE OF THE
SOUTH 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 14, A
DISTANCE OF 2,642.29 FEET TO THE NORTHEAST CORNER OF
THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 14;
THENCE NORTH 89°17'36" EAST ON THE NORTH LINE OF THE
SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 14,
A DISTANCE OF 190.01 FEET TO THE NORTHERLY EXTENSION OF
THE WEST LINE OF A PARCEL OF LAND DESCRIBED IN THE
APPLICATION FOR CONDEMNATION, RECORDED IN LAND DEED
BOOK 543, PAGE 1, IN THE BLACK HAWK COUNTY RECORDER'S
OFFICE; THENCE SOUTH 00°01'39" EAST ON SAID WEST LINE
AND ITS NORTHERLY EXTENSION, 540.03 FEET TO THE
SOUTHWEST CORNER OF SAID PARCEL OF LAND; THENCE NORTH
89°17'36" EAST ON THE SOUTH LINE OF SAID PARCEL OF LAND
AND ITS EASTERLY EXTENSION, 1,019.61 FEET TO A LINE
THAT IS 100.00 FEET WEST OF AND PARALLEL WITH THE EAST
LINE OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID
SECTION 14; THENCE SOUTH 00°08'13" EAST ON SAID
PARALLEL LINE, 790.07 FEET TO THE SOUTH LINE OF THE
SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 14;
THENCE SOUTH 89°21'17" WEST ON SAID SOUTH LINE 1,211.12
FEET TO THE NORTHEAST CORNER OF THE EAST 1/2 OF THE
SOUTHWEST 1/4 OF SAID SECTION 14; THENCE SOUTH
00°01'46" EAST ON THE EAST LINE OF SAID EAST 1/2, A
DISTANCE OF 2,206.84 FEET TO A LINE THAT IS 100.00 FEET
NORTH OF AND PARALLEL WITH THE NORTH LINE OF A PARCEL
OF LAND DESCRIBED IN WARRANTY DEED, RECORDED IN LAND
DEED BOOK 561, PAGE 63, IN THE BLACK HAWK COUNTY
RECORDER'S OFFICE; THENCE SOUTH 89°20'35" WEST ON SAID
PARALLEL LINE, 632.01 FEET TO THE NORTHERLY EXTENSION
OF A LINE THAT IS 100.00 FEET WEST OF AND PARALLEL WITH
THE WEST LINE OF SAID PARCEL OF LAND; THENCE SOUTH
00°01'46" EAST ON SAID PARALLEL LINE AND ITS NORTHERLY
EXTENSION, 443.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 15,038,145 SQUARE FEET OR 345.23 ACRES.
BE IT FURTHER RESOLVED that a transition for the imposition
of city taxes is hereby authorized for property within the
annexed territory, which property shall be entitled to an
exemption for taxation according to the schedule set forth in
Iowa Code section 368.11(3) (m) ; provided, however, that each
separate parcel of such property shall cease to qualify for said
exemption when record title to a parcel is acquired by Elk Run
Energy Associates, LLC, or its successors, assigns or affiliates.
BE IT FURTHER RESOLVED that the annexation application is
approved notwithstanding the fact that the annexation area
includes land without the consent of all of the owners because
such land is necessary to create more uniform boundaries for the
annexation area, to create the most direct and sensible route of
access for the extension of municipal services to the annexation
area as compared to other possible routes of access, and to
provide for the most orderly development of the annexation area.
BE IT FURTHER RESOLVED that the City Clerk is hereby
authorized and directed to file a certified copy of this
Resolution in the Office of the Recorder of Black Hawk County,
Iowa, and take other action as is necessary.
Resolution 2007-332
Page 3
PASSED AND ADOPTED this 7th day of May, 2007.
Tim rley,
ATTEST:
Nancy Ecke , CMC
City Cler
CERTIFICATE
I, Nancy Eckert, City Clerk of the City of Waterloo, Iowa, do
hereby certify that the preceding is a true and complete copy of
Resolution No. 2007-332, as passed and adopted by the Council of
the City of Waterloo, Iowa, on the 7th day of May, 2007.
Witness my hand and seal of office this 9th day of May, 2007.
SEAL Nancy Eck t, CMCC
City Cler
Landowner/Petitioner Name:L K R Farms,Inc.
Landowner/Petitioner Address:2825 Huntington Road,Waterloo,IA 50701
Landowner/Petitioner Phone:(319)277-1571
Legal Description:
The following described real property located in Black Hawk County,Iowa is
PARTIALLY included in the Annexation Nat:
Parcel ID:8912-14-251-002
SW NE SEC 14 T 89 R 12 EXC N 540 FT OF E 665 FT OF W 855 FT&EASE
Owner(s):
•
t `/` ,g/e/a
ois K.Rieger (Date
President
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DESCRIPTION: ANNEXATION
A PARCEL OF LAND SITUATED IN PART OF SECTION 14 AND PART OF SECTION 15,TOWNSHIP 89 NORTH,RANGE
12 WEST OF THE 5TH PRINCIPAL MERIDIAN,ALSO PART OF NEWELL STREET,ALSO MERLE ROAD,AND ALSO
PART OF THE UNION PACIFIC RAILROAD RIGHT-OF-WAY,ALL IN THE COUNTY OF BLACK HAWK,STATE OF
IOWA,MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH 1/4 CORNER OF SAID SECTION 14;THENCE SOUTH 89°(DEGREES)20'(MINUTES)35"
(SECONDS)WEST(ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION)ON THE SOUTH LINE OF THE
SOUTHWEST 1/4 OF SAID SECTION 14,A DISTANCE OF 632.01 FEET TO THE POINT OF BEGINNING;THENCE SOUTH
00°01'46"EAST,33.00 FEET TO THE PRESENT SOUTH RIGHT-OF-WAY LINE OF NEWELL STREET;THENCE SOUTH
89°20'35"WEST ON SAID SOUTH RIGHT-OF-WAY LINE,2,022.48 FEET TO THE WEST LINE OF THE NORTHWEST 1/4
OF SECTION 23,TOWNSHIP 89 NORTH,RANGE 12 WEST OF THE 5TH PRINCIPAL MERIDIAN;THENCE SOUTH
89°49'51"WEST ON THE PRESENT SOUTH RIGHT-OF-WAY LINE OF NEWELL STREET, 1,005.90 FEET;THENCE SOUTH
00°34'11"EAST ON SAID SOUTH RIGHT-OF-WAY LINE, 17.00 FEET;THENCE SOUTH 89°49'51"WEST ON SAID SOUTH
RIGHT-OF-WAY LINE,900.02 FEET;THENCE NORTH 00°34'11"WEST ON SAID SOUTH RIGHT-OF-WAY LINE,17.00
FEET;THENCE SOUTH 89°49'5l"WEST ON SAID SOUTH RIGHT-OF-WAY LINE,741.02 FEET TO THE WEST LINE OF
THE NORTHEAST 1/4 OF SECTION 22,TOWNSHIP 89 NORTH,RANGE 12 WEST OF THE 5TH PRINCIPAL MERIDIAN;
THENCE NORTH 00°34'11"WEST ON SAID WEST LINE,33.00 FEET TO THE SOUTH 1/4 CORNER OF SAID SECTION 15;
THENCE NORTH 00°13'42"EAST ON THE WEST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 15,A DISTANCE OF
33.00 FEET TO THE PRESENT NORTH RIGHT-OF-WAY LINE OF NEWELL STREET;THENCE NORTH 89°49'51"EAST ON
SAID NORTH RIGHT-OF-WAY LINE,863.37 FEET;THENCE NORTH 00°10'47"EAST ON SAID NORTH RIGHT-OF-WAY
LINE, 17.00 FEET;THENCE NORTH 89°49'51"EAST ON SAID NORTH RIGHT-OF-WAY LINE,460.00 FEET TO THE WEST
LINE OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SAID SECTION 15;THENCE NORTH 00°10'4T'EAST ON SAID WEST
LINE,2,598.71 FEET TO THE NORTHWEST CORNER OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SAID SECTION 15;
THENCE NORTH 89°44'27"EAST ON THE NORTH LINE OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SAID SECTION
15;A DISTANCE OF 1,321.17 FEET TO THE WEST 1/4 CORNER OF SAID SECTION 14;THENCE NORTH 00°11'55"EAST
ON THE WEST LINE OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 14,A DISTANCE OF 1,325.27 FEET
TO THE NORTHWEST CORNER OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 14;THENCE NORTH
89°16'57"EAST ON THE NORTH LINE OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 14,A DISTANCE
OF 2,642.29 FEET TO THE NORTHEAST CORNER OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 14;
THENCE NORTH 89°17'36"EAST ON THE NORTH LINE OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID
SECTION 14,A DISTANCE OF 190.01 FEET TO THE NORTHERLY EXTENSION OF THE WEST LINE OF A PARCEL OF
LAND DESCRIBED IN THE APPLICATION FOR CONDEMNATION,RECORDED IN LAND DEED BOOK 543,PAGE 1,IN
THE BLACK HAWK COUNTY RECORDER'S OFFICE;THENCE SOUTH 00°01'39"EAST ON SAID WEST LINE AND ITS
NORTHERLY EXTENSION,540.03 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL OF LAND;THENCE NORTH
89°17'36"EAST ON THE SOUTH LINE OF SAID PARCEL OF LAND AND ITS EASTERLY EXTENSION, 1,019.61 FEET TO
A LINE THAT IS 100.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF THE SOUTHWEST 1/4 OF THE
NORTHEAST 1/4 OF SAID SECTION 14;THENCE SOUTH 00°08'13"EAST ON SAID PARALLEL LINE,790.07 FEET TO
THE SOUTH LINE OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 14;THENCE SOUTH 89°21'17"
WEST ON SAID SOUTH LINE 1,211.12 FEET TO THE NORTHEAST CORNER OF THE EAST 1/2 OF THE SOUTHWEST 1/4
OF SAID SECTION 14;THENCE SOUTH 00°01'46"EAST ON THE EAST LINE OF SAID EAST 1/2,A DISTANCE OF 2,206.84
FEET TO A LINE THAT IS 100.00 FEET NORTH OF AND PARALLEL WITH THE NORTH LINE OF A PARCEL OF LAND
DESCRIBED IN WARRANTY DEED,RECORDED IN LAND DEED BOOK 561,PAGE 63,IN THE BLACK HAWK COUNTY
RECORDER'S OFFICE;THENCE SOUTH 89°20'35"WEST ON SAID PARALLEL LINE,632.01 FEET TO THE NORTHERLY
EXTENSION OF A LINE THAT IS 100.00 FEET WEST OF AND PARALLEL WITH THE WEST LINE OF SAID PARCEL OF
LAND;THENCE SOUTH 00°01'46"EAST ON SAID PARALLEL LINE AND ITS NORTHERLY EXTENSION,443.00 FEET TO
THE POINT OF BEGINNING.
CONTAINING 15,038,145 SQUARE FEET OR 345.23 ACRES.
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Newell Street Easements—Legal Description
Non-Consenting Landowners
Phyllis J. Morgan:
The South 33 feet of the West 235 feet of the Southwest Quarter of the Southeast Quarter
of Section 15, Township 89 North,Range 12 West of the 5th P.M.;
And,
The South 33 feet of the East 197 feet of the West 432 feet of the Southwest Quarter of
the Southeast Quarter of Section 15,Township 89 North,Range 12 West of the 5th P.M.;
And,
The South 33 feet of the East 730 feet of the Southwest Quarter of the Southeast Quarter
of Section 15,Township 89 North,Range 12 West of the 5th P.M.;
And,
The North 17 feet of the South 50 feet of the East 460 feet of the Southwest Quarter of
the Southeast Quarter of Section 15,Township 89 North,Range 12 West of the 5th P.M.
Thomas C. Milota
The South 33 feet of the East 170 feet of the West 602 feet of the Southwest Quarter of
the Southeast Quarter of Section 15,Township 89 North, Range 12 West of the 5th P.M.
James H. Pardoe
The North 33 feet of the West 330 feet of the Northwest Quarter of the Northeast Quarter
of Section 22, Township 89 North,Range 12 West of the 5th P.M.
Michael Padden
The North 33 feet of the East 330 feet of the West 660 feet of the Northwest Quarter of
the Northeast Quarter of Section 22,Township 89 North,Range 12 West of the 5th P.M.
John D. Arbuckle
The North 33 feet of the East 1995 feet of the Northeast Quarter of Section 22 , Township
89 North,Range 12 West of the 5th P.M.;
And,
The South 17 feet of the North 50 feet of the East 900 feet of the West 1641 feet of the
Northeast Quarter of Section 22,Township 89 North,Range 12 West of the 5th P.M.
Todd R. Munger
The North 33 feet of the Northwest Quarter of Section 23,Township 89 North, Range 12
West of the 5th P.M.
Dorothy J. Munger
The North 33 feet of the West 314 feet of the Northwest Quarter of the Northeast Quarter
of Section 23,Township 89 North,Range 12 West of the 5th P.M.
. . . 1
�— FILE Cop! 1
x.. D A
tAt
ACITY OF WATERLOO ,
.►111:t1I WATERLOO PLANNING, PROGRAMMING & ZONING COMMISSION
ry%^^ ""_^4 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-43f36 Fax (319)291-4262 i
4fer� Nci DONALD T.TEMEYI.A • Community J'lanmu,y I'Development Director
Notice of Consultation— City of Waterloo Annexation
February 28, 2007 ,
11 y i( T111"I i.
I1l`Itl.I I Chairperson Tom Little and
Black Hawk County Board of Supervisors
coT\c.11 Poyner Township Trustees
Mt-\11 R"--
1; .t., .,: , RE: March 9,2007 Consultation Meeting on Annexation for Elk Run Energy Associates
..HMMIT l
id,a<, 1 The City of Waterloo has received a petition for voluntary annexation of land by Elk Run
Energy Associates, LLC on approximately 407 acres generally located along Merle Road,
4:RCY.1\ North of Newell Street, % of a mile East of N Elk Run Road(East of Elk Run Creek). In
compliance with Iowa Code Section 368.7,the City of Waterloo has scheduled a consultation
meeting with the Board of Supervisors and Poyner Township Trustees. The meeting is to be '
i - t =t_._, held Friday March 9,2007 at 1:30 P.M. in the Frank Mollenhoff Conference Room on the I
t:I=ri= second floor of City Hall,715 Mulberry Street, Waterloo IA, 50703.
You may attend this consultation meeting to give input on the proposed annexation, and may
FIN( \ID make written recommendations for modification to the proposed annexation no later than
v;,,t 4 Tuesday, March 20, 2007.
`' ' In compliance with Iowa Code Section 368.7,the Board of Supervisors shall,by resolution,
. 1PLI3
;,,,, state whether or not it supports the application or whether it takes no position in support of
or against the application,no later than Tuesday, April 10, 2007.
ilt_)rs
CREENt't't K)r, The legal description and map of the area proposed to be annexed is attached hereto. If you
"` '`` have any questions or need any ditional information,please contact our office.
, :,- Sincer
Noel C. Anderson,
City Planner
IAttachments
I cc Mayor Tim Hurley
Donald Temeyer,Director of Community Planning and Development
Aric Schroeder,Senior Planner
Jim Walsh,City Attorney
Black Hawk County Auditor's Office
Gail Mueller,5729 Newell St,Waterloo IA,50703(Trustee)
Chris Kemmerer,6030 14 St,Dewar IA,50623(Trustee)
James L.Eighmey,5914 2,d St,Dewar IA,50623(Trustee)
lit I"RI':WORKING FOR 'C U!
An Egoai Oppartur.ty:Affirmatiue Action Employer
STATEMENT OF VERIFICATION
I, Pattie Magee, do hereby certify that a copy of the attached Notice of
Consultation— City of Waterloo Annexation, annexation plat, legal
description, and aerial photo was either mailed or distributed to the
following individuals on the attached notice on February 28, 2007.
0 r\.CCC,
Pattie Magee
3
l
r f 1 r copy 1
....-------- . : ...,
1
r:; '{ y CITY OFWATERLOO, IOWA
ttiAltr k
WATERLOO PLANNING, PROGRAMMING 6 ZONING COMMISSION 1
,�•••�.• •^'•••y+.. 715 Mulberry St • Waterloo, IA 50703 • C3191 291-4366 Fax t3t9} tat-a?g�
.'het)O DONALD J.TEMEYER * Community Planning&I'r eIopment Director
i
J
Notice of Consultation— City of Waterloo Annexation g
i
3
Al,,,,,i March 20,2007
1IMO FiY I
IWIG EY Chairperson Tom Little and
Black Hawk County Board of Supervisors 1
COUNCIL Poyner Township Trustees
MEMBER'
RE: March 28, 2007 Consultation Meeting on Annexation for Elk Run Energy Associates
srH>ti7aTr The City of Waterloo has received a petition for voluntary annexation of land by Elk Run
Ward I
Energy Associates, LLC on approximately 345 acres generally located along Merle Road,
CAJ OLYN North of Newell Street, %of a mile East of N Elk Run Road(East of Elk Run Creek). In
col r compliance with Iowa Code Section 368.7, the City of Waterloo has scheduled a consultation
Ward' meeting with the Board of Supervisors and Poyner Township Trustees. The meeting is to be €
HAROLD held Wednesday March 28, 2007 at 1:15 P.M. in the Frank Mollenhoff Conference Room on I.
GUTY the second floor of City Hall, 715 Mulberry Street, Waterloo IA, 50703. 1
Iv,,;t 3
You may attend this consultation meeting to give input on the proposed annexation, and may
JOHN A. make written recommendations for modification to the proposed annexation no later than
Ktic'aI[7 Friday,April 6, 2007.
Ward 4ROB In compliance with Iowa Code Section 368.7,the Board of Supervisors shall,by resolution,
W F.LPER state whether or not it supports the application or whether it takes no position in support of
I'`szr'' or against the application,no later than Friday,April 27, 2007.
C12EENwoor) As you may recall, a consultation was held on March 9th to discus this matter. The applicants
;t.L,,,,., have changed the area and legal description of what is to be annexed to the City of Waterloo,
therefore the process has been started over, including holding a new consultation meeting.
ERil
GUN The petition,legal description and map of the area proposed to be annexed, as well as the
Al ` , notes from the March 9ih consultation meeting are attached hereto. If you have any questions
or need any additional information, please contact our office.
Sincerely,
Noel . An n,
City Planner
Attachments
cc. Mayor Tim Hurley
Donald Temeyer,Director of Community Planning and Development
Aric Schroeder,Senior Planner
Jim Walsh,City Attorney
Black Hawk County Auditor's Office
Gail Mueller,5729 Newell St,Waterloo IA,50703(Trustee)
Chris Kemmerer,6030 Ia St,Dewar IA,50623(Trustee)
James L.Eighmey,59I4 2 t ,I � FO''ou
An Equal Opportunity/Affirmative Action Employer
ii
STATEMENT OF VERIFICATION
I, Pattie Magee do hereby certify that a copy of the attached Notice of Consultation—
City of Waterloo Annexation, annexation plat, legal description,and petition for
voluntary annexation was either mailed or distributed to the following individuals on the
attached notice on March 20,2007.
The notes from the first consultation held on March 9th were mailed or distributed to the
following individuals on the attached notice on March 21,2007.
9catLe
Pattie Magee
•
This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry
Street, Waterloo, Iowa.
RESOLUTION NO. 2007-275
RESOLUTION FIXING THE TIME AND PLACE OF
HEARING AND NOTICE TO BE GIVEN ON ANNEXATION
OF APPROXIMATELY 345 ACRES OF LAND GENERALLY
LOCATED ALONG MERLE ROAD, NORTH OF NEWELL
STREET, N MILE EAST OF NORTH ELK RUN ROAD AS
MAY 7, 2007 AT 5:30 P.M. IN CITY HALL COUNCIL
CHAMBERS, WATERLOO, IOWA AND INSTRUCTING THE
CITY CLERK TO PUBLISH THE NOTICE OF HEARING.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA,
AS FOLLOWS:
Section 1. That the Council of the City of Watarinn_ Iowa
shall meet at City Hall Council Chambers in the City of Waterloo,
Iowa at 5:30 p.m. on the 7th day of May, 2007, for the purpose of
considering and acting upon the annexation of approximately 345
acres of land generally located along Merle Road, north of Newell
Street, 3 mile east of North Elk Run Road, and legally described
as follows:
A PARCEL OF LAND SITUATED IN PART OF SECTION 14 AND
PART OF SECTION 15, TOWNSHIP 89 NORTH, RANGE 12 WEST OF
THE 5TH PRINCIPAL MERIDIAN, ALSO PART OF NEWELL STREET,
ALSO MERLE ROAD, AND ALSO PART OF THE UNION PACIFIC
RAILROAD RIGHT-OF-WAY, ALL IN THE COUNTY OF BLACK HAWK,
STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH 1/4 CORNER OF SAID SECTION 14;
THENCE SOUTH 89° (DEGREES) 20' (MINUTES) 35" (SECONDS)
WEST (ASSUMED BEARING FOR THE PURPOSE OF THIS
DESCRIPTION) ON THE SOUTH LINE OF THE SOUTHWEST 1/4 OF
SAID SECTION 14, A DISTANCE OF 632.01 FEET TO THE POINT
OF BEGINNING; THENCE SOUTH 00°01'46" EAST, 33.00 FEET
TO THE PRESENT SOUTH RIGHT-OF-WAY LINE OF NEWELL
STREET; THENCE SOUTH 89°20'35" WEST ON SAID SOUTH
RIGHT-OF-WAY LINE, 2,022.48 FEET TO THE WEST LINE OF
THE NORTHWEST 1/4 OF SECTION 23, TOWNSHIP 89 NORTH,
RANGE 12 WEST OF THE 5TH PRINCIPAL MERIDIAN; THENCE
SOUTH 89°49'51" WEST ON THE PRESENT SOUTH RIGHT-OF-WAY
LINE OF NEWELL STREET, 1,005.90 FEET; THENCE SOUTH
00°34'11" EAST ON SAID SOUTH RIGHT-OF-WAY LINE, 17.00
FEET; THENCE SOUTH 89°49'51" WEST ON SAID SOUTH RIGHT-
OF-WAY LINE, 900.02 FEET; THENCE NORTH 00°34'11" WEST
ON SAID SOUTH RIGHT-OF-WAY LINE, 17.00 FEET; THENCE
SOUTH 89°49'51" WEST ON SAID SOUTH RIGHT-OF-WAY LINE,
741.02 FEET TO THE WEST LINE OF THE NORTHEAST 1/4 OF
SECTION 22, TOWNSHIP 89 NORTH, RANGE 12 WEST OF THE 5TH
PRINCIPAL MERIDIAN; THENCE NORTH 00°34'11" WEST ON SAID
WEST LINE, 33.00 FEET TO THE SOUTH 1/4 CORNER OF SAID
SECTION 15; THENCE NORTH 00°13'42" EAST ON THE WEST
LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 15, A
DISTANCE OF 33.00 FEET TO THE PRESENT NORTH RIGHT-OF-
WAY LINE OF NEWELL STREET; THENCE NORTH 89°49'51" EAST
ON SAID NORTH RIGHT-OF-WAY LINE, 863.37 FEET; THENCE
NORTH 00°10'47" EAST ON SAID NORTH RIGHT-OF-WAY LINE,
17.00 FEET; THENCE NORTH 89°49'51" EAST ON SAID NORTH
RIGHT-OF-WAY LINE, 460.00 FEET TO THE WEST LINE OF THE
EAST 1/2 OF THE SOUTHEAST 1/4 OF SAID SECTION 15;
THENCE NORTH 00°10'47" EAST ON SAID WEST LINE, 2,598.71
FEET TO THE NORTHWEST CORNER OF THE EAST 1/2 OF THE
SOUTHEAST 1/4 OF SAID SECTION 15; THENCE NORTH
Resolution 2007-275
Page 2
89°44'27" EAST ON THE NORTH LINE OF THE EAST 1/2 OF THE
SOUTHEAST 1/4 OF SAID SECTION 15; A DISTANCE OF
1,321.17 FEET TO THE WEST 1/4 CORNER OF SAID SECTION
14; THENCE NORTH 00°11'55" EAST ON THE WEST LINE OF THE
SOUTH 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 14, A
DISTANCE OF 1,325.27 FEET TO THE NORTHWEST CORNER OF
THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 14;
THENCE NORTH 89°16'57" EAST ON THE NORTH LINE OF THE
SOUTH 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 14, A
DISTANCE OF 2,642.29 FEET TO THE NORTHEAST CORNER OF
THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 14;
THENCE NORTH 89°17'36" EAST ON THE NORTH LINE OF THE
SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 14,
A DISTANCE OF 190.01 FEET TO THE NORTHERLY EXTENSION OF
THE WEST LINE OF A PARCEL OF LAND DESCRIBED IN THE
APPLICATION FOR CONDEMNATION, RECORDED IN LAND DEED
BOOK 543, PAGE 1, IN THE BLACK HAWK COUNTY RECORDER'S
OFFICE; THENCE SOUTH 00°01'19" EAST ON SAID WEST LINE
AND ITS NORTHERLY EXTENSION, 540.03 FEET TO THE
SOUTHWEST CORNER OF SAID PARCEL OF LAND; THENCE NORTH
89°17'36" EAST ON THE SOUTH LINE OF SAID PARCEL OF LAND
AND ITS EASTERLY EXTENSION, 1,019.61 FEET TO A LINE
THAT IS 100.00 FEET WEST OF AND PARALLEL WITH THE EAST
LINE OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID
SECTION 14; THENCE SOUTH 00°08'13" EAST ON SAID
PARALLEL LINE, 790.07 FEET TO THE SOUTH LINE OF THE
SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 14;
THENCE SOUTH 89°21'17" WEST ON SAID SOUTH LINE 1,211.12
FEET TO THE NORTHEAST CORNER OF THE EAST 1/2 OF THE
SOUTHWEST 1/4 OF SAID SECTION 14; THENCE SOUTH
00°01'46" EAST ON THE EAST LINE OF SAID EAST 1/2, A
DISTANCE OF 2,206.84 FEET TO A LINE THAT IS 100.00 FEET
NORTH OF AND PARALLEL WITH THE NORTH LINE OF A PARCEL
OF LAND DESCRIBED IN WARRANTY DEED, RECORDED IN LAND
DEED BOOK 561, PAGE 63, IN THE BLACK HAWK COUNTY
RECORDER'S OFFICE; THENCE SOUTH 89°20'35" WEST ON SAID
PARALLEL LINE, 632.01 FEET TO THE NORTHERLY EXTENSION
OF A LINE THAT IS 100.00 FEET WEST OF AND PARALLEL WITH
THE WEST LINE OF SAID PARCEL OF LAND; THENCE SOUTH
00°01'46" EAST ON SAID PARALLEL LINE AND ITS NORTHERLY
EXTENSION, 443.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 15,038,145 SQUARE FEET OR 345.23 ACRES.
Section 2. That the City Clerk is hereby directed to
publish notice of the time and place of said hearing in the
Waterloo Courier.
PASSED AND ADOPTED this 16th day of April, 2007.
-_____----
Tim Hurley, Mayo
ATTEST:
, -
Nancy cker , MC _
City Clerk
FORM I I T.
STATE OF IOWA, I do solemnly swear that the annexed copy of legal Waterloo, City o i
Black Hawk County, SS Public Hearing on Annexation—Elk Run Energy
NOTICE OF PUGUC HEARING --
ON AATION
TO WHOM I t MAY CONCERN:
Notice'ill'hereby•given
on the 751.day of May,2007. __
at 5.30.P•4k la the Council
' Chambers Nn the City Hall hi the
City of,Waterion lows,a pub-
lic healing WI be belt/bT the notice was published in the Waterloo-Cedar Falls Courier, a daily newspaper printed inCouncil or the City of Waterloo.
Iowa.,en est of Elk
Ronk_ County, commencing zotr�
annex ptwx ely 345 acres Waterloo,Black Hawk Iowa,once on the
of lark!ge located along
--
Merle Robb, north oT NONNI
3r4"d ile east of North 20 7 in the name of
Elk Run' Road April to Show for day of —
development of a 750-mega-
watt coal-fired eleotdc genera-
tion'Natty,-legally•'described
as follows: said newspaper, and that the annexed rate of advertised is the regular legal rate of said
A PARCEL OF LAND SITUATED
IN PART ;OF SECTION.14
AND PART OF 'SECTION- bill for u•_r •__
15, TOWNSHIP 9 Nvf:TH. newspaper,and that the following is a correct f publishing said notice,
E STH
PFPAN E 12GIFM-MEREST DI Ttf
PART,OF �E�7:
tag MERLE E t AEo;UNION And Printer's Bill$ 71 .59
°r ' •
.o.As' d COIN - e A`r THE 9 I V
1/4 e SAID N lJ� tJ)el \efe-'‘'- ,
1,b, 'THENCE (SOIJnt - le:35 Slgned
SECONDS}WEST`II(A
'FOR THE PURPOSE
OF TINS-DESCRIPTION) ON
THE SOUTH UNE OF.THE
SOUTHWEST 1/4 OF'SAID
SECTION.14 O of
DISTANCE of Subscribed and sworn to before me this _day of
of FF,JrT TOME Pow
tO3> aloe
$3.00 orAlor 'or , TO
SOUTH: IGHT A.D.,20 67
rti
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OF THE 'STH PRINCIPAL
MERIDIAN.`THENCE SOUTH Nfll r ,Pnhlt
89 41751" -WEST ON THE - T e c
PRESENT SOUTH RIGHT-OF- 3 1 D E'} E E S AH B t C L E
WAY LNJEEET THEELLSTREET. 1 '' If C i 1 I S1i)N�,t 174858
oo° 24, SAID11'-EHEIICESOUD : ; ,'v*O i wIi^SION E PIRES
SO TH' 1 G-EAST ON NE, I --
,t 00 HFE THENCE SOUTH Received of
89 49'51'-;WEST ON SAID
SOUTH,TIGHT-OF-WAY UNE,
900.12 kt_Ef,THENCE NOIIHI
0014'11" WEST ON SAID.
SOUTH,RIGHT-OF•WAY UNE,
17,01 FEET,"nIEticE,SOUTH
ON SAID
�# tR e�A•Y UNE, the sum of --
74102}-ttf It1E WEST
UNE OFTHE`H EAST1/4
DNOO�sC T¶ OF _ Dollars
THE5111PRIt4PALM N;
00°34"f1
Y�ON�DWEST"UNE.
33.001 .l'TOTHE.SOUTH 1/4 in full for publication of the above notice.
+O, OF iSAI D'SECTION
15; NORTH 001-3`42"
T WEST.UNE OF
THE J14;OF SAIDCTION 15 A DISTANCE,OF
33.00 FEET to THE PRESENT
NORTH.RHitrr•OF-WAY LANE
OF NEWELL S i Het.;THENCE
G -WAY•
LINE, SS3.37 FEET: THENCE
NORTH'00'10':47" EAST ON
SAND NORTH RIGHT-OF-WAY
LINE, 17,00 FEET; THENCE
NORTH S9°49'1' EAST ON
SAID NORTH FIGHT-OF°WAY
00 FEET TO THE
t OF,THE EAST 1/2
OF THE 1/4 of
THENCE 0010'a7"
2,59ON SAID WEST,LINE.
.71 FEET TO THE
NORTHWEST# NEROF THE
EAST TM SIVEHEAST
1 f4.OF Sam SECTION 15;
THENCE Nos* istr44'27"
--'-- ----
�
`
� \
� \ '
EAST ON tHEi NORTH LINE
OF THE EAST 1/2 OF THE
SOUTHEAST 1/4 OF SAID
SECTION IS: A DISTANCE
OF 1,321.17 FEET TO THE
WEST 1/4 CORNER OF SAID
SECTION 14;THENCE NORTH
00111'55,' PAST ON THE
WEST 7bFF'-THE-SOUTH
112 OF THIE NORTHWEST
DISTANCE OF 1325.27 FEET
TOTHENOMWESTCORNER
OF THE SOUTH 1/2 OF THE
NORTHWEST 1/4 OF SAID
SECTION 14;THENCE NORTH
NORTH LINE OF THE SOUTH
1/2 OF THE,NORTHWEST
1/4 OF SAID:SECTION 14,
FEET TO THE NORTHEAST
CORNER OF, THE SOUTH
112 OF: THE NORTHWEST
114 OF SAID SECTION 14;
EAST ON THE NORTH LINE
Or THE SOUTHWM 1/4 OF
THE NORTHEAST 1/4 OF SAID
SECTION 14,'A DISTANCE
OF 190.01 FEET TO THE
NORTHERLY � EXTENSION
OF THE WEST LINE OF A
PARCEL OF LAND DESCRjRFn
IN THE APPUCA71ON FOR
CONDEMNATION, RECORDED
IN LAND DEED BOOK 643,
PAGE 1, IN THE BLACK
HAWK COUNTY RECORDER'S
OFFICE: THENCE SOUTH
LINE AND fit NORTHERLY
THE SOUTHWEST -CORNER
OF SAID PARCEL Of LAND;
SAID PARCEL OF LAND AND
ITS EASTERLY EXTENSION,
1419.61 FEET TO A U NE THAT
IS 100.00 FEET WEST OF AND,
PARALLEL WITH THE EAST,
IU(4E OF THE SOUTHWEST 1/4
OF THE NORTHEAST 1/4 OF
SAID SECTION 14; THENCE
SOUTH 00108'13! EAST ON
SAID PARALLEL UNF,790-07
FEET TO THE
OF THE SOLnWST ulk/E4
OF THE NORTHEAST 114 OF
SAID SECT109 114; THENCE
SOUTH 89*21'17' WEST ON
SAID SOUTH LINE 1,211-12
FEET TO T"E�, ORTNE48T
THErEASt
AND
LiNe
DE I
DE PAGE 63,IN
THE COUNTY
THEN 89*20,35,
WEST ON SAID PARALLEL
LINE, 632.Di FEET TO,THE
SOUTH jeAST ON
SAID E AND
443.00 FEE I TO THE POMT OF
CONTAINING 15,038,145
SQUARE FEET OR'M5.23,
Anyone who is interested may
and be heard or m Ile writ-
ton'ot)jebfion With the 'Cily
Clesic.City Hall.Waterloo.WA-i,
Wore the daft
ol
BY thaC�Mft 4 the
city CIO*
`
---------------__--
'
CITY OF WATERLOO , IOWA
/mil 1,�■\2�r-
0165r'���j COMMUNITY PLANNING AND DEVELOPMENT
/y'._____ .gym 715 Mulberry Street • Waterloo,Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262
DONALD J.TEMEYER,Community Planning&Development Director
�tE't100 `O
June 26, 2007
Mayor
TIMOTHY J.
HURLEY Iowa Department of Economic Development
City Development Board
COUNCIL Attn: Mr. Steven McCann
MEMBERS 200 East Grand Avenue
Des Moines, IA 50309
REGINALD A.
IT
SCHMT RE: Elk Run Energy Associates T.T.0 Annexation—Statement of Reason fur Annexation,
i uvui
Ward I Current and Proposed Use of Territory
CAROLYN Mr. McCann and City Development Board,
COLE
Ward 2 The territory proposed for annexation by the City of Waterloo is 345.23 acres. The area is
HAROLD currently used for agricultural purposes with several rural residential acreages. The
GETTY proposed use of the facility is a 750-Megawatt coal-fired electric generation facility by Elk
Ward 3 Run Energy Associates,LLC, an affiliate of LS Power Development, LLC. Elk Run Energy
JOHN A. Associates LLC has options to purchase approximately 494 acres in total, of which some
KINCAID area will be left out of the annexation request to allow for a buffer between other properties
Ward 4 and the city limit line. While the area proposed for annexation is not included within the
City of Waterloo Future Land Use Map,the adjoining area within the corporate limits in this
RON
WELPER vicinity is designated for industrial development. Waterloo has considered additional
Wards industrial expansion in this area on a project by project basis. The City has already made
substantial infrastructure improvements and extended municipal services into adjoining
BOB incorporated areas for Deere and Company,Tyson Foods,the Eagle Tannery,Ferguson
GREENWOOD
At-Large Enterprises,Warren Transport,Kinder Morgan Energy,as well as the Northeast Industrial
Park. The proposed annexation meets the goals and policies of the City of Waterloo
ERIC Comprehensive Plan for the use of existing infrastructure and logical expansion of an
GUNDERSON industrial area. If approved for annexation and development,Elk Run Energy Associates
At-Large
will make improvements to Newell Street, and the City of Waterloo will maintain the
improved Newell Street within the areas to be annexed. All services will be extended to the
site by the applicable companies, including water, sewer, gas,electric,phone,etc. These
services will be extended through the Newell Street right-of-way. See attached staff report,
minutes, and Future Land Use Map for additional information on land use.
Respectfully,
Aric A. Schroeder,
Senior Planner
WE'RE WORKING FOR YOU! III
An Equal Opportunity/Affirmative Action Employer
Annex—NE area—Elk Run Energy—April 07
REQUEST: THE REQUEST BY ELK RUN ENERGY ASSOCIATES LLC ON THE
BEHALF OF LANDOWNERS FOR THE VOLUNTARY ANNEXATION OF
APPROXIMATELY 345 ACRES OF LAND LOCATED ALONG MERLE
ROAD, NORTH OF NEWELL STREET, 3/4 MILE EAST OF NORTH ELK
RUN ROAD (EAST OF ELK RUN CREEK). THIS IS BEING REQUESTED
FOR THE PURPOSE OF CONSTRUCTING A 750-MEGAWATT COAL-
FIRED ELECTRIC GENERATION FACILITY.
APPLICANT: Elk Run Energy Associates, LLC do LS Power Development, LLC, 400
Chesterfield Center, Suite 110, St. Louis, MO, 63017.
LOCATION: The site is approximately 345 acres, east of Elk Run Creek, from the
railroad line to Newell Street. Elk Run Energy Associates LLC is
purchasing approximately 494 acres in total, and leaving some area out of
the annexation request to allow for a buffer between other properties and
the city limits lino
ZONING
HISTORY: The property has been zoned "A" Agricultural District (since 1982) and is
located outside of the corporate boundaries. This portion would be
annexed as a part of this project.
COMPREHENSIVE The Black Hawk County Future Land Use Map designates the area to be
PLAN: annexed as agricultural. The City of Waterloo Future Land Use Map shows
this entire area inside of the city limits as Industrial.
SURROUNDING
LAND USE: AREA ZONING CLASSIFICATION CURRENT USE
North "A" Agricultural District agricultural
"A-L" Agricultural Limited Quarry use
East "A" Agricultural District agricultural
"R-S" Residential Suburban residential homes
South "A" Agricultural District agricultural
West "A" Agricultural District agricultural
"M-2,P" Planned Industrial Deere, Tyson,
Eagle Tannery
FLOOD
INFORMATION: There is a small portion of the requested area that is located within a flood
hazard area as indicated by the Federal Insurance Administration's Flood
Insurance Rate Map 190535 0040. The area for development of the power
plant is not located within the flood hazard area.
MAJOR STREET
PLAN: The area is served by Newell Street, which is classified as Minor Arterial (in
city limits), and by North Elk Run Road to the west, which is classified as a
Minor Arterial. North Elk Run Road has access to Highway 20 and 1-380 to
the southeast, classified as Principal Arterials.
UTILITY
SERVICES: All services will be extended to the site by the applicable companies,
Annex—NE area—Elk Run Energy—April 07
including water, sewer, gas, electric, phone, etc. These services will be
extended through the rights-of way.
DEVELOPMENT
SECTOR The LESA score for the site is 174 out of 300.
ANALYSIS: This score represents a low agricultural value.
PROPOSED USE: Elk Run Energy Associates, LLC affiliate of LS Power proposes to construct
a 750-Megawatt coal-fired electric generation facility. The project would
involve rail accessibility and use.
STAFF
ANALYSIS: The requested area is a 345-acre site, outside of the corporate limits, which
would be voluntarily annexed into the city limits as a part of the project. Elk
Run Energy Associates would be purchasing the area for annexation as a
part of their project, and they are requesting the annexation. The area to be
annexed is not abutting. the City of Waterloo corporate iirnits, so this
annexation would be classified as a "flag pole" annexation. By this
description, the City would annex portions of Newell Street heading easterly
to the main entrance site of the project. The annexation would not create
any type of island situation, which is prohibited by the State Code of Iowa.
A "flag pole" annexation is legal.
While this area is not included within the City of Waterloo Future Land Use
Map, the entire area within the corporate limits in this vicinity is designated
for industrial development. This is due to the presence of Deere and
Company, Tyson Foods, the Eagle Tannery, Ferguson Enterprises, Warren
Transport, Kinder Morgan Energy, as well as the Northeast Industrial Park.
The City of Waterloo has invested in past infrastructure improvements to
this area for industrial type development, and this annexation would appear
to meet the goals and policies of the Comprehensive Plan for the use of
existing infrastructure and logical expansion of an industrial area.
The City of Waterloo has held a consultation with other entities as required
on this request. At that consultation, of which the notes and submittals are
attached for your review, there was discussion of drainage, traffic, and the
overall development of the power plant. The majority of comments were
focused on the project itself, and its operation. There has been a petition
previously submitted to the Black Hawk County Board of Supervisors, from
adjacent neighbors, requesting the Board of Supervisors to stop the City of
Waterloo from annexing the land. Said petition notes flooding, emission of
chemicals, and traffic as reasons for the opposition. The Board of
Supervisors has endorsed a letter from the Black Hawk County Engineer
noting the need for information and planning on improvements relating to
drainage and traffic/road improvements. The City of Waterloo has
expressed its intent to maintain the improved Newell Street, after its
annexation. The other notes of traffic to the site, drainage on and from the
site — including bridge improvements—will be addressed in the
Development Agreement between the City of Waterloo and Elk Run Energy
Associates LLC, as well as meeting city codes and ordinances for such
drainage designs, etc.
Annex—NE area—Elk Run Energy—April 07
The City of Waterloo City Council will take action on the annexation of land
at the same City Council meeting as the rezoning hearing. The annexation
would then be forwarded to the State of Iowa for their review and approval.
STAFF
RECOMMENDATION: Therefore, staff recommends that this request be approved for the
following reasons:
1. The request is in conformance with the goals and policies of the
Comprehensive Plan, due to past infrastructure investment in this area
for industrial development, making this a Smart Growth Project.
2. The request would appear beneficial to the continued development of
the Northeast Industrial Park area, and would appear compatible to
surrounding industrial development.
3. The request would put more land into the city limits in the Primary
Growth Area.
A The
t 1..._L_..._ •t_-
4. i hhe request is a voluntary annexation.
MINUTES
CITY OF WATERLOO,IOWA
PLANNING,PROGRAMMING AND ZONING COMMISSION
REGULAR MEETING -4:00 P.M. April 3,2007
The regular meeting of the Waterloo City Planning,Programming, and Zoning Commission was called to
order at 4:02 p.m. by Chairperson Hart on April 3, 2007 in the City Hall Council Chambers.
Members present were: George,Evans,Burt, Fossell, Craft, Powers, Grimm,Johnson, Hartleip, Loveless,
Moser, Orchard, and Hart. Burt left at 4:40.
Members absent were: none.
Others present: Don Temeyer,Noel Anderson,Aric Schroeder, Chris Western, and Shane Graham—
Planning Department; Eric Thorson and Dennis Gentz—Engineering Department; Mayor Tim Hurley and
Councilperson Reggie Schmitt; and approximately 150 citizens.
I. Approval of the Agenda
Hart noted that he would like to entertain a motion to amend the agenda to change the order of the agenda to
move the special permit and plat requests ahead of the annexation and rezoning requests.
It was moved by Craft, seconded by Evans to approve the agenda with the amendment to move the special
permit and plat requests ahead of the annexation and rezoning requests. Motion carried unanimously.
II. Minutes from the Regular Meeting on March 6, 2007.
It was moved by Fossell, seconded by Hartleip to approve the minutes as submitted. Motion carried
unanimously.
III. Receive and place on file the Notes of the Special Meeting on March 13, 2007 (no quorum)
It was moved by Craft, seconded by Grimm to approve the notes as submitted. Motion carried
unanimously.
IV. Financial Report: February 2007
Temeyer noted that the financial report is right on line. Temeyer noted that we are at about 63%which is
where we should be at.
It was moved by Moser,seconded by Orchard to receive and place on file the financial report for
February 2007. Motion carried unanimously.
V. Oral Presentations
There were no Oral Comments from the Public.
VI. Agenda Items
Hart gave a statement giving instructions as to how the meeting would proceed,noting that they do try to
follow Robert's Rules of Order. Hart noted that staff would give a report first,then the Commission could
ask questions of staff,and then the applicant would be allowed to present and when that is done the
Commission would allow residents to first speak in opposition and then all residents to speak in favor of the
request or allow the applicant to answer any questions that are raised. Hart noted that they would probably
take 3-5 people from each side and then alternate back and forth. Hart asked that people keep their
comments to about 3 minutes because there are a lot of people and we want to give everyone an opportunity
to speak to ensure that a diversity of the concerns are heard. Hart asked that people wishing to speak give
new information so we do not have repetitive information. Hart noted later in the meeting we would break
for a recess,as he has been told that there are individuals in the overflow room that would like to also come
Planning and Zoning Commission
April 3,2007 Minutes
up and share their comments, but the room is maxed out per the fire code, and so to give those folks an
opportunity, individuals that have already spoke may wish to leave to make room for the others to come
speak. Hart noted the following rules of conduct: 1)Please refrain from making abusive remarks or
indulging in any offensive behavior or from engaging in any behavior that is not in keeping with proper
courteous conduct, including the waiving or displaying of signs, 2)refrain from talking to other members of
the audience in a loud or otherwise disruptive manner, 3)refrain from initiating private conversations with
Commission members, staff or legal counsel, 4) refrain from approaching the podium unless recognized by
the Chair, and 5) because this is a quasi-judicial proceeding,refrain from cheers,jeers, applause or any
expressions of approval or disapproval of comments made by any speakers or any actions taken by the
Commission. Hart noted that we want to hear as many comments as we can today in an orderly fashion.
Hart noted that as previously advised by legal council, if any Commission members were contacted by
individuals regarding a request,that it be disclosed so that it becomes part of the record. Hart noted that he
received a few phone calls but they basically wanted to know about the process and protocol that would
occur at today's meeting. Hart noted that he also received a couple sets of letters by residents regarding the
power plant requests that he wanted to make known to the Commission, and Hart submitted the letters.
Loveless noted that he received a letter concerning the power plant requests and submitted the letter. The
other Commission members noted that they had received the same letter that Mr.Loveless referenced, and
all members submitted the letters they had received.
Powers noted that in addition to the letter that everyone received, he also had a meeting earlier that day
where Mr.Milburn with LS Power and Alyssa with Hellman's presented information at his fire station on
the power plant requests and wanted to disclose that.
Evans noted that he had also attended several presentations on the power plant requests over the last 6
months at various locations.
Craft noted that in September Mr.Milburn spoke to his Quinoas Club and he has had conversations with
Mark Kresowik and Charles Larsen pertaining to the proposed power plant, and had also received the letter
that the other Commission members received but had not had time to read it.
Moser noted that he received the same letter and attended a program by LS Power and has received several
phone calls from residents, but just discussed the general procedure of what is going to happen.
Hart questioned if any Commission Member had a conflict of interest and would need to abstain from the
vote, requesting that they identify that they need to abstain and indicate what the conflict of interest is.
Johnson noted that he is representing the landowners owning the land for the Elk Run Energy proposed
annexation and rezoning and would not participate in those requests.
C. Special Permits
1. Request by Struxture Architects on behalf of the Waterloo Community Schools for a Special Permit for
the expansion of East High at 214 High Street for the purpose of a 16,819 SF two story locker room and
fitness center addition to the northeast corner of the existing East High School.
Graham gave the staff report, noting that the surrounding land use is mixed with additional school
owned property and the adjacent railroad, with additional commercial uses further to the west and south.
Graham noted that the Zoning Ordinance requires that a school obtain a special permit issued by the
Board of Adjustment after a recommendation from the Planning, Programming and Zoning
Commission. Graham noted that the 16,819 SF two-story addition would be used for new locker rooms
on the first floor and a new fitness center on the second floor, and approximately 5,600 SF of existing
locker rooms would be remodeled. Graham noted that the addition would go into an existing parking
area, and two rows of parking would be lost, however the applicant has indicated that there is adequate
parking for staff,as there will be a new row of parking along the street in front of the addition. Graham
noted that a portion of the addition may extend into vacated Barclay St,which was vacated in 1998 with
an easement being retained,however the street was never conveyed to the School. Graham noted that
the City may need to look into conveying the street while still maintaining an easement for an existing
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sewer line. Graham noted that staff recommends the special permit be approved, as the request would
appear to be in conformance with the Comprehensive Plan and Future Land Use Map, and the request
would not appear to have a negative impact on the neighborhood or traffic conditions, and would appear
to better serve the needs of the community, and subject to the condition that the final site plan meet all
applicable City codes, including but not limited to drainage, landscaping, etc.
Fossell noted that she would be abstaining from this vote due to her position with the School Board.
It was moved by Burt,seconded by Loveless to approve the Special Permit subject to the final site plan
meeting all applicable City codes, including but not limited to drainage, landscaping, etc. Motion
carried 12-0 with Fossell abstaining.
D. Plats
1. Request by Shive Hattery Inc. on behalf of Cardinal Construction for the Preliminary Plat of Country
Club Business Center Addition generally located east of Ansborough Avenue between San Marnan
Drive and Highway 20 for development of a business park.
Schroeder noted that the property was recently rezoned from"A-1"Agricultural District to "R-4,R-P"
Planned Residence District, "C-P"Planned Commercial District, and"B-P"Business Park District back
in February of 2004. Schroeder noted that the surrounding uses include a professional office, funeral
home and multi-family homes to the north, US Highway 20 and vacant business park land to the south,
vacant business park land to the east, and VGM Sunnyside Business Park to the west. Schroeder noted
that the area is served by San Marnan Drive and Ansborough Ave,which are Minor Arterials, and
Fitzway Drive, Tower Park Drive and Country Club Lane run through the plat and would be classified
as local streets. Schroeder noted that US Highway 20 borders the southern portion of the plat and is
classified as a Principal Arterial. Schroeder noted that the plat shows sidewalks located on one side of
the proposed streets, except that no sidewalks are proposed on the portion of Country Club Lane
between San Marnan Drive and Tower Park Drive, and that the plat shows the reservation of a 15'
proposed recreational trail easement for the establishment of a recreational trail along the south side of
Fitzway,which lines up with a proposed trail that is currently going through the platting approval
process. Schroeder noted that Engineering is recommending that the proposed trail area be added as
road right-of-way as opposed to an easement. Schroeder noted that sewer and water would be extended
to serve the plat. Schroeder noted that the plat has two Outlots, of which Outlot B is a 1.89 acre strip of
land that is currently part of the San Marnan Drive right-of-way,of which the applicants will be
requesting it to be vacated and conveyed to them. Schroeder noted that the plat is divided by several
different zoning districts, all of which are planned districts, so prior to any construction on the lots,the
applicant would have to go through a site plan amendment process to approve the site plan layout and
uses of the proposed lots. Schroeder noted that Engineering has stated that the proposed street name
"Country Club Lane"would not work,and the proposed street name"Fitzway Drive"may not work, as
it would line up with existing Fitzway Drive west of Ansborough,however the future extension of the
street will connect to existing Fisher Drive,potentially creating a street name change in the middle of a
block, so the street may need to be named"Fisher Drive"or the existing Fisher Drive would need to be
re-named. Schroeder noted that staff recommends that the Preliminary Plat be approved, as the plat is in
accordance with the Subdivision Ordinance and can be serviced by extensions of existing utilities, and
the plat is in accordance with the Comprehensive Plan and Future Land Use Map,and subject to the
following conditions: 1)A change in the street names as required by Engineering,2)The dedication of
necessary easements to allow for a public storm sewer to drain into a private retention pond, 3)
Dedication of additional right-of-way for the proposed recreational trail,with said trail to be constructed
along with construction of the street,4)The Deed of Dedication shall provide for private maintenance of
the retention pond and outlet, 5)A left turn lane on the street currently labeled as"Country Club Lane"
at the intersection with San Marnan Drive, 6)The street currently labeled as"Fitzway Drive"shall
match the street widths of existing Fitzway Drive at Ansborough Avenue.
Hartleip noted that the Tech Notes indicate that Traffic would like to see a traffic analysis done and
questioned if that has been done or is being proposed. Schroeder noted that it has not been done yet but
that it has been relayed to the applicant that the Traffic Department has requested the additional
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information, and the applicant may be able to add more comments. Hartleip questioned if that would be
done automatically or if it should be added as a condition,to which Schroeder indicated that it could be
added as a condition. Iry Mooseman with Shive Hattery noted that the report summarized the request
well, and noted that he does not believe that any of the conditions cited are of any concern to the
applicant and will work through those with staff,noting they will work with the Traffic Engineer to give
him the info they will need to be satisfied with the design of the intersection.
It was moved by Johnson,seconded by Craft to approve the Preliminary Plat subject to: 1)A change
in the street names as required by Engineering, 2) The dedication of necessary easements to allow for
a public storm sewer to drain into a private retention pond, 3)Dedication of additional right-of-way
for the proposed recreational trail, with said trail to be constructed along with construction of the
street, 4) The Deed of Dedication shall provide for private maintenance of the retention pond and
outlet, 5)A left turn lane on the street currently labeled as "Country Club Lane"at the intersection
with San Marnan Drive, 6) The street currently labeled as "Fitzway Drive"shall match the street
widths of existing Fitzway Drive at Ansborough Avenue. Motion carried unanimously.
Hart noted that items A-1 and B-1 would be discussed together, but acted on separately.
A. Annexations
1. Request by Elk Run Energy Associates,LLC,on behalf of the property owners for voluntary annexation
of approximately 345 acres generally located along Merle Road,North of Newell Street,%of a mile
East of N Elk Run Road(East of Elk Run Creek) for the purpose of constructing a 750-megawatt coal-
fired electric generation facility.
B. Hearings—Zoning Amendments
1. Request by Elk Run Energy Associates,LLC, on behalf of the property owners to rezone approximately
260 acres from"A-1"Agricultural District to "M-2,P"Planned Industrial District on property generally
located along Merle Road,North of Newell Street, 3/4 of a mile East of N Elk Run Road(East of Elk Run
Creek)for the purpose of constructing a 750-megawatt coal-fired electric generation facility.
It was moved by Burt and seconded by Grimm to receive and place on file the statement of
verification at 4:20 p.m. Motion carried unanimously and Hart declared the hearing open.
Anderson gave the annexation staff report,noting that the annexation is approximately 345 acres,
generally located east of Elk Run Creek, from the railroad line to Newell Street,noting that Elk Run
Energy Associates LLC is purchasing approximately 494 acres in total, and leaving some area out of the
annexation request to allow for a buffer between other properties and the City limit line. Anderson
noted that the surrounding land uses include agricultural and quarry land to the north,agricultural and
residential homes to the east,agricultural to the south, and agricultural and industrial to the west.
Anderson noted that a small portion of the requested area is within a flood hazard area,however the area
for development of the power plant is not located within a flood hazard area. Anderson noted that the
area is served by Newell Street,which is classified as a Minor Arterial in the City limits,and by North
Elk Run Road to the west, which is classified as a Minor Arterial,with access to Highway 20 and I-380
to the south,which is classified as a Principal Arterial. Anderson noted that all services would be
extended to serve the site including water, sewer, gas, electric,phone,etc,and will be extended through
the rights-of-way. Anderson noted that the site as a LESA score of 174 out of 300, which represents a
low agricultural value and that Elk Run Energy Associates,LLC, an affiliate of LS Power,proposes to
construct a 750-Megawatt coal-fired electric generation facility, including rail accessibility and use.
Anderson noted that the 345 acres would be voluntarily annexed into the City Limits as part of the
project,as Elk Run Energy Associates would be purchasing the area and are requesting the annexation.
Anderson noted that the area to be annexed is not abutting the City of Waterloo corporate limits, so this
annexation would be classified as a"flag pole" annexation,as the City would annex portions of Newell
Street heading east to the main entrance site of the project, and the annexation would not create any type
of island situation,which is prohibited by the State Code,and that a"flag pole"annexation is legal.
Anderson noted that while the area is not included within the City of Waterloo Future Land Use Map,
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the entire area within the corporate limits in this vicinity is designated for industrial development,due to
the presence of Deere and Company,Tyson Foods,the Eagle Tannery,Ferguson Enterprises,Warren
Transport,Kinder Morgan Energy,as well as the Northeast Industrial Park,and that the City of
Waterloo has invested in past infrastructure improvements to this area for industrial type development,
and this annexation would appear to meet the goals and policies of the Comprehensive Plan for the use
of existing infrastructure and logical expansion of an industrial area. Anderson noted that the City of
Waterloo has held a consultation with other entities as required on this request, of which the notes and
submittals are included in the packet,with a majority of the comments focused on drainage,traffic,and
the overall development and operation of the power plant. Anderson noted that there was previously a
petition submitted to the Black Hawk County Board of Supervisors from area residents requesting that
the Supervisors stop the City of Waterloo from annexing the land,with the petition noting flooding,
emission of chemicals,and traffic as reasons for the opposition. Anderson noted that the Board of
Supervisors endorsed a letter from the Black Hawk County Engineer noting the need for information
and planning on improvements relating to drainage and traffic/road improvements, and that the City of
Waterloo has expressed its intent to maintain the improved Newell Street after its annexation. Anderson
noted that the other notes of traffic to the site,drainage on and from the site, including bridge
improvements,will be addressed in the Development Agreement between the City of Waterloo and Elk
Run Energy Associates LLC,as well as meeting city codes and ordinances for such drainage designs,
etc. Anderson noted that the City Council would take action on the annexation of land at the same
meeting as the rezoning hearing,and that the annexation would then be forwarded to the State of Iowa
for their review and approval. Anderson noted that staff recommends that the annexation be approved
as the request is in conformance with the goals and policies of the Comprehensive Plan,due to past
infrastructure investment in this area for industrial development,making this a Smart Growth Project,
the request would appear beneficial to the continued development of the Northeast Industrial Park area,
and would appear compatible to surrounding industrial development,the request would put more land
into the city limits in the Primary Growth Area, and the request is a voluntary annexation.
Anderson gave the rezone staff report,noting that the rezone is on approximately 260 acres as a part of
the 494 acres being purchased by Elk Run Energy Associates LLC. Anderson noted that the Zoning
Ordinance states that all territory that is annexed into the City of Waterloo shall automatically be
classified as"A-1"Agricultural District,until amended, and as part of the unincorporated area,the site
is currently zoned"A"Agricultural. Anderson noted that all services would be extended to the site by
the applicable companies, including the construction of a transmission line and switchyard/substation,
the piping of natural gas from an existing supply pipeline in the area,storage tanks for above-ground
storage of diesel fuel and gasoline,a system for providing wastewater effluent from the City of
Waterloo wastewater treatment plant for the cooling process,a smaller quantity of wastewater would be
returned to the Cedar River,with a larger quantity evaporating,the project will require 12 to 15 million
gallons per day,potable water will be from the Waterloo Water Works,the provision of rail service for
the coal train deliveries,with the trains being approximately 7,750 feet in length(assuming 135 cars and
3 to 4 locomotives,but potentially ranging from 110 to 150 cars),and a new single or double rail loop
will be built on the project site, allowing for unloading on-site. Anderson noted that the Growth Area
Map of the Comprehensive Plan does not include this area, as it is not currently located within the City
of Waterloo,but the adjacent area to the west is a Primary Growth Area,scoring 29 out of a possible 31
points on the Land Evaluation Scoring Summary. Anderson noted that Elk Run Energy Associates is an
affiliate of LS Power Development LLC,which was established in 1990,and has developed 10 other
Greenfield power sites,with this project involving over$1 billion in investment,and is targeted to begin
construction in 2008. The"M-2,P"Planned Industrial District permits any uses noted in the"M-2"
District,which allows any use whatsoever except 4 listed uses,which list of exclusions does not include
a power plant. Anderson noted that the required conditions listed in the"M-2"District note the"best
practical means known for the disposal of refuse matter of water carried waste,the abatement of
obnoxious or offensive odor,dust, smoke,gas,noise,or similar nuisance shall be employed",and that
Elk Run Energy Associates LLC indicates that it will be utilizing state-of-the-art technology for its
operation, and due to the submittal of the detailed information,will be approving the site plan as shown
as a part of the rezoning process. Anderson noted that the site plan shows several plant buildings,a
tower location,wastewater pond, coal pile,rail line within the site,as well as buffering areas,access off
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of Newell Street,and some vegetative plantings,and that the submitted site plan would appear to meet
all required conditions as stated in the"M-2,P"District regulations, including the indication that the
proposed project will"establish performance standards relating to air and water pollution emissions
meeting or exceeding standards established by Federal, State,or local pollution control ordinances or
laws." Anderson noted that the submitted site plan design would incorporate large setback distances and
natural vegetation screening to create buffer areas to minimize off-site noise from the operation of the
plant. Anderson noted that as part of the process,the applicant has submitted a traffic study performed
by Earth Tech, a local transportation consultant,which in summary finds that the traffic,both rail and
street traffic,would be minor in nature,both during the construction phase and the operation phase, and
that staff has included some mitigation alternatives in the recommendation. The applicants have further
submitted an independent study on property values,to determine the impact of the project upon nearby
property values,utilizing other coal fired power plants and developments near them,and the study
concludes that based on the trends in the region, locating a power plant does not negatively impact the
value of the existing residential property. Anderson noted that there have been many people vocalizing
environmental concerns for the project, and staff has pointed out the regulations of the Zoning
Ordinance, and does not have authority over other environmental entities, laws, etc,and would reiterate
the information submitted by the applicant: "the design,construction, and operation of the planned
electric generation facility would be in compliance with all federal, state,and local
laws,ordinances,
and regulations. The facility would be equipped with state-of-the-art air emission control technologies,
which would make the Elk Run Energy Station one of the cleanest coal plants in the country. This
compliance shall include meeting or exceeding all air and water pollution permits, standards, and laws.
There will be extensive regulatory oversight and evaluation by state and federal authorities including the
Iowa Department of Natural Resources(IDNR),Iowa Utilities Board(IUB),US Environmental
Protection Agency(EPA),and US Army Corps of Engineers.The plant would comply with all federal
laws including the Clean Air Act,the Clean Water Act,the Historic Preservation Act, and the
Threatened and Endangered Species Act.The IDNR permits would ensure that a new emission source
does not violate National Ambient Air Quality Standards(NAAQS). Waste streams produce coal
combustion by-products and scrubber by-products. These by-products would be transported by truck to
local quarries to be used as beneficial fill material. There will be a 450-foot tower above ground level
for exhaust gases,cleaned by control technologies. The company would continue to further engineer and
economically study the use and selection of renewable fuel sources. It may potentially involve switch
grass, corn stalks,or waste products from Iowa-based ethanol projects". Anderson noted an economic
impact study conducted by the Greater Cedar Valley Alliance,which notes the 4-year construction
period could sustain directly and indirectly as many as 1,526 jobs in the region,and $271 million in
2006 dollars. The operation after construction is estimated at$25.8 million per year in economic
stimulus, and$17.4 million in labor income associated with the plant. In addition,tax payments are
estimated at over$2 million per year to local jurisdictions. The Greater Cedar Valley Alliance and
Chamber of Commerce have taken action to endorse the project.Anderson noted that there has been
opposition to the project,primarily for environmental reasons,with traffic concerns also noted, and such
opposition has previously included a petition to the Board of Supervisors of approximately 680
signatures against the request, and staff estimates this petition contains less than 100 signatures from
residents within the Waterloo city limits. Anderson reiterated that the City of Waterloo does not have
the authority or the technical expertise or staff to properly discern the environmental regulations for
which a power plant operates,and would leave those decisions to the appropriate authorities,beginning
with the Iowa Utilities Board,and the others previously listed,and noted that traffic concerns would be
addressed by the provisions of the traffic study,which staff has included as conditions in the
recommendation. Anderson noted that staff recommends that the rezoning be approved as the request is
in conformance with the goals and policies of the Comprehensive Plan,and would appear compatible to
existing businesses and the Future Land Use Map for this area,and the request would appear beneficial
to the continued development of the Northeast Industrial Park area,utilizing infrastructure previously
invested into by the City of Waterloo,making this a Smart Growth Project,and the request would put
more land into the city limits in the Primary Growth Area and is a voluntary annexation,and subject to
the following conditions: 1)The proposed Mitigation Criteria as outlined in the traffic study on page 16,
2)that the design,construction,and operation of the planned electric generation facility will be in
compliance with all federal, state,and local laws,ordinances,and regulations. The facility would be
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equipped with state-of-the-art air emission control technologies,which would make the Elk Run Energy
Station one of the cleanest coal plans in the country, 3)that the company continues to further engineer
and economically study the use and selection of renewable fuel sources,which may potentially involve
switch grass, corn stalks, or waste products from Iowa-based ethanol projects, 4)that the site plan meets
the rules and regulations of all applicable local codes and ordinances, including but not limited to
drainage, landscaping, etc.,and 5)that a Development Agreement is approved to address the extension
of infrastructure for the project, including but not limited to,wastewater,water, sewer, and Newell
Street improvements. Anderson noted that staff has received objections;one from Phyllis Morgan of
4621 Newell St and one from Merle Bell of 1111 Bauch St,and those were passed out to the
Commission.
Craft questioned that in the Development Sector Analysis portion of the staff report it mentioned a
LESA score and questioned what that stood for. Schroeder noted that it stands for Land Evaluation Site
Assessment(LESA) System,which is a system that the County utilizes to rank a site for agricultural
viability.
Mark Milburn with Elk Run Energy Associates,the project manager for development of the Elk Run
Energy Station and is an employee of LS Power Development, of which Elk Run Energy Associates is
an affiliate, spoke about the request. Milburn noted that staff gave a quality summary of the proposed
project and he would just touch on some of the items and would be available to answer any questions.
Milburn then reviewed the highlights of the proposed project and the requested annexation and rezoning
requests. Milburn noted that they are proposing to start construction in 2008 and it would take about 4
years to construct,generating electricity in the 2011 or 2012 timeframe. Milburn reviewed the benefits
and impacts of the proposed development, noting the Greater Cedar Valley Alliance independent study.
Milburn reviewed the environmental aspects of the proposed project,noting it would meet or exceed all
requirements and laws pertaining to environmental protection and noted the scrupulous oversight and
evaluation from multiple agencies. Milburn noted other benefits of taking byproducts to reclaim local
quarries instead of creating a landfill, and the ability of the project to reuse waste water from the City of
Waterloo that is currently being discharged into the Cedar River,which they propose to enter into an
agreement with the City to use that water to cool the plant. Milburn reviewed the conceptual site plan
showing the land use around the site,where they are proposing to implement uses to benefit the plan,the
neighbors, and the environment. Milburn introduced Mark Kuiper,who helped create the site
development plan. Kuiper noted that the plan would improve the environmental quality of the land,
both through improved water quality and through the use of native plant material,and to respond to the
wishes of neighbors that were collected from meetings with the residents to create screening,
continuation of farming,and recreational uses, including the potential inclusion of a fishing pond and
recreation trail. Kuiper described the potential use of wetlands and the Elk Run Creek corridor to
improve the environment,and to incorporate agricultural best management practices,which improve
water quality and improve wildlife habitat. Kuiper noted that the plan has the input of the Black Hawk
County Soil and Water Conservation District, who are interested in the creation of a one-stop
demonstration area for best management practices. Milburn noted that the conservation aspects have
been endorsed by the local Soil and Water Conservation District and the recreational aspects were
endorsed by the Waterloo Leisure Services Commission. Milburn then discussed the transportation
impacts of the project, including truck traffic and train traffic. Bob Lentz with Earth Tech Engineers
discussed the scope of the transportation study that they conducted,noting that it considered traffic
impacts both during and after construction and characterized its impact on the transportation system that
is out there today. Lentz noted that the study concluded that during construction the traffic would
disperse in all directions from the site and would not exceed the capacity of any roads leading from the
site,but the main finding was that the portion of Newell St east of Elk Run Rd would need to be
improved. Lentz noted that another mitigation proposed by the study was that construction truck traffic
not be routed on Newell St to the west of Elk Run Rd,which gets into the residential areas. Lentz noted
that during operation there are three transportation aspects, including general traffic going to the site by
employees and deliveries,the disposal of the byproducts to a local quarry, and delivery of coal by train.
Lentz noted that the employee and delivery traffic would be much less than during construction and
would not have any significant impact on the transportation system. Lentz noted that the byproducts
would require about 33 trucks per day to transport the material from the site to the quarry,and they
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examined 9 different routings that the trucks could take,of which the roads on all 9 routes would have
the capacity to take that much additional traffic, however they noted that some routes would be
preferable from others, and the County Engineer has endorsed the route that keeps the trucks on state
highways as much as possible. Lentz noted that coal deliveries by rail could come from 3 different
companies in the area, and presently these tracks serve approximately 2-3 trains per day, generally
operating at a 10 mph speed limit, and at this speed a coal train would generally block an individual
crossing an average of approximately 9 minutes, and the plant would require 1 unit train every 2 days in
and out. Lentz noted that they interviewed agencies that have a need to provide emergency services,
such as police, fire, EMS,met transit, and school buss traffic. Lentz noted that the additional train
traffic would not be a major impact on their operations. Lentz noted that the study gives several
mitigation criteria,which the applicant has indicated are acceptable. Milburn noted that Elk Run Energy
is prepared to accept all of the mitigations that are proposed in the study and in the development
agreement mentioned in the staff report they would codify their comment to accept those mitigations.
Milburn noted that an independent real estate appraiser looked at the project and determined that it
would not have a negative impact on property values,citing properties and developments near other
coal-fired power plants. Milburn noted that regarding site drainage, a study was completed by Earth
Tech, and the design goal is that any of the drainage resulting from their project would be no worse than
it today and would better and that could the
is even be they design site drainage so that cofnpaIea to a
100-year flooding event they could reduce by over 50%,maybe as much as 70%, the amount of
drainage that is currently coming off the site. Milburn noted that they would meet all noise
requirements of OSHA and lighting would be done in an appropriate manner. Milburn concluded that
the project would provide a significant economic impact to the community with very little burden on
local infrastructure and services and they have agreed to the mitigation measures provided in the
transportation study and would be providing direct funding for various social programs and initiatives.
Milburn noted that the project has received the support by the Greater Cedar Valley Chambers of
Commerce of Waterloo and Cedar Falls, the Waterloo Industrial Development Association,the
Waterloo Development Corporation,and the Greater Cedar Valley Alliance. Milburn asked that the
Commission please vote in favor of a recommendation to the City Council to approve the requested
annexation petition and zoning application.
Hart noted that a notebook is going to be passed around so that individuals could state their name so that
they are recorded as being present, as not everyone may end up speaking.
Don Shatzer,vice president of Community Energy Solutions,noted that the Commission is to consider
the appropriate use of land,and questioned if 345 acres of prime Iowa farmland should be annexed into
the City of Waterloo for industrial development. Shatzer discussed the loss of agricultural land and the
irregular flagpole type annexation,which he does not feel is looked on favorably by the State. Shatzer
also indicated that the Commission should consider that one of the parcels of land has been in the same
family for over 100-years,noting the owner of this land and one other owner refused to sign voluntary
annexation papers, and that LS Power simply reduced the number of acres to meet compliance for
voluntary annexation. Shatzer discussed environment stewardship issues. Shatzer requested that the
Commission not recommend approval of the requests.
Laura Jackson of 1703 Washington St in Cedar Falls noted she is a scientist that has followed green
house gas emission and global warming for 17 years in the scientific literature and also raises a family
here in the Cedar Valley. Jackson asked that the proposal be denied on the concept of responsibility,
which is in the six pillars of character on the poster behind the Commission, because of the current and
future generations that would be negatively affected by this plant. Jackson discussed global warming
and the lack of regulation. Jackson suggested that the plant is not state-of-the-art because it does not
employ carbon-sequestration technology that is available today,and noted that our country and others
would have to reduce carbon emissions by 80%by 2020 in order to head off the worst of the impacts of
global warming. Jackson noted that the biomass fuels proposed by the applicants are highly unlikely to
have any significant effect on total carbon emissions,and noted there should be a commitment of how
much green house gasses they intend to replace with renewable fuels.
Phyllis Morgan expressed her opposition to the request,noting her property is between the City Limits
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and the area proposed to be annexed, noting she has lived there for 75 years, and doesn't want to have
this plant built and have all this traffic on the road, and questioned how much of her property they are
going to have to take with putting in pipes along the road or railroad.
Merle Bell noted he was born on their family farm off of Newell St that his grandfather had bought
around 1850 and has been in the family ever since. Bell noted he has lived there most his life and raised
his children there. Bell noted that in 2003 he was approached about selling his farm, noting that his
neighbors are all selling their farms and that there was going to be a coal-powered plant built west of his
house,and that his wife,who was still alive at the time,was sick with lung cancer and had trouble
breathing and said she could not live on their farm if a coal plant was next door so he signed an option to
sell the land. Bell noted that he had promised his father before he died that he would never sell the
family farm, and that later when LS Power came back and asked for an extension on the contract, his
wife had died from cancer and he told them that he no longer wanted to sell,but they said LS Power
would buy his land under contract if he did not agree to the extension, and now he hopes the power plant
will not be built so he does not have to sell his land, and requested the Commission to vote against the
annexation.
Gail Mueller,president of Community Energy Solutions, asked the Commission to disclose all the
communications with LS Power, its representatives, and all supporters and opponents of this project,as
ex-parte communication must be disclosed at the public hearing, and if they are unable to do so at this
time he requested that after hearing all the testimony today that the Commission delay the decision until
the next regular scheduled meeting. Mueller suggested that there are significant legal questions to the
proposal remaining, noting the DNR has not yet issued a permit nor has a draft permit been presented,
so there is no evidence that this plant will meet all environmental regulations identified in the Zoning
Ordinance. Mueller questioned having a 4:00 meeting, noting that other people wanted to be here but
could not get off work, and asked that another meeting be scheduled on this issue which would also give
the Black Hawk County Supervisors an opportunity to make their resolution and for the Commission to
fully consider any questions raised here today. Mueller quoted the Zoning Ordinance's purpose to
promote the health, safety, morals, order, convenience,prosperity and general welfare;to conserve and
protect the value of property throughout the City and to encourage the most appropriate use of land;to
lessen congestion in the streets;to prevent the overcrowding of land;to avoid undue concentration of
population; and to facilitate the adequate provision of transportation,water, sewerage, schools,parks
and other public requirements. Mueller noted that it was stated that they have 600 signatures and
presented a petition to put on file with a lot more than 600 signatures.
Richard Hockey, from Waterloo,noted that regarding an emergency, such as in the case of a tornado, if
there would only be one road into the plant for fire trucks and emergency personal, as Tyson's has,and
would have to go down the railroad track to get to. Hockey noted an article in the Courier regarding coal
tar seeping into ground and hoped they would have a way to protect the environment from the coal tar.
Milburn commented about carbon sequestration and the comment that it is available as a viable
technology today. Milburn noted that there is a great push within their industry and in the country to
further the research on carbon sequestration,which is one method to remove Co2 and sequester it into
the ground, and there are ongoing studies, some of which are funded by the government, and LS Power
and many other companies have made available funds to partner with potential investors and research
opportunities to bring the technology to fruition and make it commercially viable,but it is not a
commercially viable technology today. Milburn noted that there would be road upgrades required,
particularly to Newell Street,and LS Power would commit a significant portion of the cost in doing that
and there will not be any burden of the cost on the residents, and noted that they are working with Mrs.
Morgan and her neighbors to try and protect them from being annexed, as they have indicated they do
not want to be annexed.
Mike Mallaro with Progress Cedar Valley, a group formed to look into this project and the impact it will
have on the community,have learned that this is an extraordinary opportunity for the community and
that they support it and hope the Commission will as well. Mallaro noted they visited the coal plant in
Ottumwa,which has operated for 25 years,and they realized that it is a very high-tech and highly
regulated facility, and that such facilities provide high-paying jobs and create a great economic impact
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Planning and Zoning Commission
April 3,2007 Minutes
to the community, and the residents have no negative comments about having a coal plant in their
community.
Jonathan Shennowith,previously of Waterloo and now a Cedar Falls resident spoke in opposition to the
annexation and rezoning requests, noting environmental concerns and stated that just because they
would meet the requirements to be legal does not mean that the project should go forward.
Nathan Northey, 214 Niagra representing his son and daughter-in-law at 938 N Raymond Rd, and
expressed concern about the value of land, and concerned for additional industries that will want to be
part of this,noting Newell St would be extended to Raymond Rd. Northey noted that he visited with
Black Hawk County Engineer Richard King and has a copy of his report which raises issues about
drainage and roads and the importance of industrial access to the east and north, and that the plant will
put approximately a 15 million infrastructure requirement on the county and other local governments,
and expressed concern on traffic impacts. Northery noted the train would not be going 10 mph over the
Newell crossing, and would likely be going 2 mph so would block Newell St for at least 45 minutes
every time it goes in and out of the plant, so anyone leaving the plant at that time would go to N
Raymond Rd.Northey requested that the Commission deny the request or delay their action.
Don Shoultz noted overcapacityproduction and while the legislature
_i l
S o an of energy that he was in legislature they
looked at efforts to reduce energy consumption, noting that existing utility companies that provide
electricity to the customers have to invest millions of dollars into energy efficient programs, and the rate
controlled utilities have to buy renewable energy from small producers,and have to provide a certain
amount of green energy, but this power plant will not be a rate controlled utility so will not have to do
this. Shoultz suggested that the current model of how energy is produced and distributed is not going to
continue and that this plant would be outdated.
Mark Milburn noted that the physics of the project would provide the electricity to regional co-ops and
long distance transmissions are not as feasible. Milburn noted that there is an interest in local
companies, but if they don't have the customers to sell the power to they won't move forward with the
plant. Milburn noted that the utilities that have a requirement for spending on energy efficiency and
renewable energy are rate regulated utilities and they have a guaranteed rate of return and can pass on
the additional costs to their customers,whereas they are a wholesale provider and could not pass on that
cost to their customer as they would not buy from them. Milburn noted that the comments from the
County Engineer regarding drainage would be addressed by Doug Schindel with Earth Tech. Schindel
noted that they looked at the site from both a pre-development and post-development standpoint and are
looking at decreasing runoff by adding retention basins in addition to the best management practices that
Mr. Kuiper commented on,creating a 70%reduction in runoff.
Dave Kreichi, chair of the Greater Cedar Valley Chamber of Commerce in Cedar Falls,expressed their
support for the Elk Run Energy Station due to the economic impacts. Bob Manning, representing the
Waterloo side of the Greater Cedar Valley Chamber of Commerce, noted that their Board supported the
proposed plant with conditions,pending environmental evaluation,a transportation study, and for the
company to purse and invest in renewable technologies. Joe Vich, 1525 Olympic Drive and chairman of
the Greater Cedar Valley Alliance, formed to be the single voice for economic development in the Cedar
Valley. Vich noted that the applicants have worked diligently to educate individuals on the request.
Vich noted that the City of Waterloo should be congratulated on three years of a row with over 100
million in permit valuation,but this project is 1.3 billion, 10 years worth of permits,providing 1,500
construction jobs over 4 years,and generate 2 million in taxes, $800,000 directly to the City of
Waterloo,which are significant dollars to help lower our taxes. Vich noted that issues of the
environment would go through many hearings and is the responsibility of other organizations that are
more qualified to address those issues than many of us here.
Hart noted that they would take a 10-minute recess,and noted that if people have had an opportunity to
speak,there are folks downstairs that would like to speak, so if you have spoken and could rotate, it
would let them have an chance to speak. After the recess,Hart reconvened the meeting.
Joyce Jensen, 172 Gray St Elk Run Heights,noted that her house faces Dubuque Rd,which is so bad
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Planning and Zoning Commission
April 3,2007 Minutes
due to the large amount of truck traffic which vibrates her house, and expressed concern that train traffic
would do similar to other properties, and also expressed concern on the pollution it would emit.
Betty Steege from Raymond Rd, spoke about their home as a major investment and concerns on the
values, noting their acreage has been on sale for some time and their realtor was told by a potential
buyer that he would be able to buy their acreage cheap after they start the power plant. Steege
questioned the amount of emissions from the plant and expressed concern on the emissions. Steege
commented that 50 people at a Planning and Zoning Commission meeting and 61 signatures can stop a
business from relocating it's world headquarters to a new state of the art green building with zero
emissions because it might cause light pollution to ruin their view of the sky,noting they have real
issues and around 4,000 signatures on the petition and asked the Commission to consider the health and
the quality of the community and vote against this annexation and rezoning.
Heather Sadler,on Donald St by Dewar,expressed her concerns with the proposed coal plant and effects
on our air and water and its impact on our children and on autism,which is on the rise and the pollution
from the plant would increase that risk.
Juanita Williams, 6145 Kimball Ave, could not understand how the economic impacts are being
de« d the impacts 7 i , health l , offset but health are not, a1,U int.,'eased Care costs would more than any
economic benefits, and that is just health and not environment.
Linda Huss, on Newell St,noted that the Zoning Ordinance requires that the health, safety,and general
welfare must be considered, and all in Black Hawk County will be affected by this coal plant and the
toxins that it will emit. Huss estimated that 28 excess deaths per year in Waterloo and Cedar Falls due
to coal plants in Iowa and across the county,which does include old coal plants, but even putting up a
new so called clean coal plant would result in excess deaths, estimating 2-6 premature deaths due to the
LS power plant, and questioned how much a life is worth,but suggested that it outweighs any benefits
from the plant, which doesn't even consider the increased health costs.
Linda Shatzer, on Newell St,noted that they have been getting all the information they can on coal-fired
power plants,and LS Power did not answer their questions at the May 11 meeting. Shatzer noted that
air pollutants are a significant issue,particularly in the health of children. Shatzer noted that there is
pollution in our area from other facilities like John Deere, CFU, UNI coal plant, etc. but questioned how
building a plant of this magnitude is going to decrease the amount of pollution that we already have.
Shatzer said that she does not want to live next to a coal plant and doesn't want it in anyone else's back
yard either and that the annexation is the first step in adding to the health problems in Waterloo,Dewar
and surrounding areas and suggested that it is the Commission's job to promote the health and safety of
those living in Waterloo, and requested the Commission not recommend the annexation and rezoning.
Cathy French, environmental manager with LS Power, noted that they are still preparing their
application so none of the emissions estimates are finalized yet so she could not speak directly to those
numbers, but emphasized that EPA is continually reviewing the national ambient air quality standards,
levels of air pollution set to protect humans and the environment, including elderly and children, and
they would have to meet those and increment levels that are significantly below the max, so this would
never be even close to in violation of the standards that are protective of the health and the environment.
French noted the comments on studies indicating a relationship between health problems and coal-fired
power plants,but not most of those studies are done on"grandfathered"plants as that is the majority of
what exists throughout the nation, as there have been only a handful of new plants built in the last 20 or
so years since regulations have been in place requiring the level of emissions controls that they will have
on the proposed plant.
Hugh Field,president of the Waterloo Industrial Development Association,noted that WIDA has
endorsed the project subject to a number of issues and concerns that they had, some of which have been
addressed and others will be addressed in the future, and noted that the arguments on the health and
environment, of which the Commission has been urged to address, is confusing based on listening to
facts presented from both sides but suggested that fortunately the issue for the licensing of the plant
where such technical issues are of concern would be done by the Environmental Protection Agency and
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Planning and Zoning Commission
April 3,2007 Minutes
Iowa Department of Natural Resources, and they will have to get the proper permitting and be of the
highest standards and have the lowest emissions. Field commented on the development agreement
being worked out and the applicants agreeing to the recommendations of the traffic study and noted the
economic benefit of the plant and recommended the Commission approve the annexation and rezone.
Rick Young, 3849 Trent Ln and Greater Cedar Valley Alliance, noted that no project is perfect, but what it
comes down to is that we use electricity,we use electric lights, air conditioning,heat,we all use it so
should not be hypocrites and think its ok if its in Council Bluffs, Ottumwa, or somewhere else, as we need
electricity at home and at work,noting we need the product and the Waterloo-Cedar Falls area is a good
area for it,as we can match what they need,will get about 2 million in taxes, a lot of money the County
can use,noting the Courier article regarding Richard King and the County not being able to support the
roads and bridges they have, and$800,000 in Waterloo will hire back a lot of police, fire, keep the library
open longer and do a lot of other positive things for us, and the jobs and it payroll is a good thing to have
in our community,the power plant will go someplace and we need it here. Young noted the coal plants in
Cedar Falls and noted that within V2 mile around UNI's plant,which produces more mercury than this
plant will,there have been new subdivisions and new houses, with a new subdivision in less than 1/8 of a
mile that roads were just put in last year, and the housing boom in that area has been significant, certainly
more homes than have been built in the Dewar and Dunkerton area. Young noted that within y2 mile of
the downtown CFU plant there is a 40 million dollar downtown housing/commercial development, so
suggest that the idea that the real-estate values would go down is not proven.
Renata Sack,414 Sunset Rd Waterloo, expressed concern over the annexation of 400 acres of farmland
for a coal-fired power plant,noting the mistakes Waterloo has made is shaping our community, and this
project could bring the most negative and long lasting effect of all,expressing concerns on the
environmental effects of the plant, and referenced the purpose of the Zoning Ordinance,and asked the
Commission to delay its decision until LS Power has filed its proposal with the Iowa Utilities Board and
the DNR, so the detailed facts on size and emissions could be known.
Ronda Rottinghaus, Canfield Rd 3 miles east of Dewar, expressed concern on the harmful effects of the
plant, noting they have been assured that anything that comes out of the plant would be government
regulated but indicated that the regulating agencies only enforce the current rules and they are not strict
enough to protect the health. Rottinghaus noted that the government used to let people mix chemicals
with bare hands and now they have to wear industrial rubber gloves, wear protective eyewear, and take a
class to apply the chemicals. Rottinghaus noted that the government used to allow asbestos in schools
and now they have to have special teams to bag and remove it.
Susan Sonnack, 173 Gray St Elk Run Heights,noted that the annexation is not right for our county and
that we are giving precious land to coal plants and Waterloo needs to be progressive and develop new
and safe efficient energy. Sonnack suggested that this needs to be stopped and that we are losing a
precious commodity that feeds the world, and the health effects on children is a concern, and suggested
to consider the six pillars of character and stand up to this.
Ron Spears, 228 Prospect Ave Waterloo and owns an acreage at 4127 Independence Ave,noted that he
has been there for 80 years. Spears referenced the purpose statement and indicated the Commission's
job is to take care of them, including health,value of property, and appropriate land use, and lessen
congestions in the City Streets,and to facilitate the adequate provision of transportation,noting Mr.
Milburn has not control over the railroads and they would do as they please coming and going with
those trains, and referenced the need to protect the general welfare. Spears suggested that his property
tax break would come to about$28 and that he could forfeit that for this type of a development.
Mark Milburn noted a lack of understanding as to what they are intending to do pertaining to the
mitigation measures identified in the transportation study and noted they are committing to all of the
measures,which includes controlling the dispatch of outgoing trains, and noted there have been several
comments on property values and introduced Mark Winninger,who conducted the study that is in the
packet. Winninger,with Winninger Commercial of 3356 Kimball Ave,noted he specializes in real-
estate evaluation and analysis, and noted that LS Power came to him to study the impact on the value of
property where the project would be placed and indicated that there are basic economic principals that
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Planning and Zoning Commission
April 3,2007 Minutes
effect the value of a property, and a prime one is that properties tend to seek the level of the surrounding
properties and he determined the location of the plant with the buffer around it would not have any more
of a negative affect on property values than those locational characteristics that already exist,noting the
existing location characteristics include a lot of large heavy industrial uses including Eagle Ottawa
Tannery, Tyson,Deere and Company, Warren Transport, a sewage treatment plant near Dewar, and
farmland, noting that he also studied property values of properties around the coal plants in Cedar Falls,
which have single family homes all around it and have seen a steady increase in property values, and the
one at UNI has seen a lot of new development around it. Winninger also noted a MidAmerican plant in
Council Bluffs,which is a 790 MW plant just being finished, and 3 years ago 2 residential subdivisions
were developed despite the plant that was under construction. Winninger suggested that the problem
that the residents in the area are going to have right now is that there is controversy over the issue, and
while there is controversy and they are trying to sell their home it will affect the value, but when the
controversy is over that factor will no longer exist.
Ann Johnson, a local community activist from Cedar Falls, questioned who benefits, who is making the
money, why now,why this town, and what the rush is. Johnson questioned where the coal is coming
from and what we are doing to our environment and the Powder River Basin. Johnson referenced the
six pillars statement and the Commission's mission statement. Johnson referenced the book"An
Inconvenient Truth"and quoted All Gore from the book.
Margaret Whiting, 1974 Caras Rd Waterloo, expressed concern on global warming and the need for
renewable energy such as wind, solar, and geothermal, and that this plant would be part of the problem,
not part of the solution. Whiting noted that they have not submitted applications yet with information
about the amounts and types of pollutants the plant will emit so suggested that it is too early for the City
of Waterloo to make a decision about the annexation and rezoning, and requested the Commission delay
the decision until the applications are submitted.
Moris Dolph, 3221 Osage Rd Waterloo, noted he toured a GM plant in Mexico in 1990 that was touted
as state-of-the-art pollution control,which turned out to be a lagoon. Dolph expressed concern on
strangers bearing gifts and expressed concern on negative impacts on the environment.
Michel Miller,4811 Newell St,noted a concern that has not been addressed questioning why and when
Earth Tech was formed and who funds them and their studies, and questioned the statement that without
customers they would not be pursuing anything and wanted to know who their customers are and if it is
MidAmerican or Alliant,who produces most of the energy in Iowa. Miller noted that they state that
they are going to minimize pollutants and didn't think they could get any more minimal than what they
are right now, and requested the Commission to wait to make the decision until after they get the
permits from the DNR and the EPA.
Jerry Gallmeyer, 2425 Crane Creek Rd, a 3-generation farm that is along Elk Run Creek,noted that
when they put the new bridge in for Donald Street they made the opening in the bridge bigger so the
water can go through but they raised the road and they still get flooded, as it can no longer go over top
the road, and Dewar has had flooding problems as well and noted they say they will contain the water on
site but they also would have to build a dike around the site to keep the creek out of the property, and
know when the creek floods the water will back up onto this land,and after the plant is built it will be
like a small dam with no place for the water to go and part of the study should look at that.
Mark Milburn noted that there was a question on the studies and he noted that they paid for the studies,
including the transportation study by Earth Tech, noting that they hired a consultant to look at the issues
and nobody else offered to do them for free so they had to pay someone to do them. Milburn
commented on the question of who their customers will be, noting he is bound by confidentially
agreements from revealing names of customers but can say that if they don't have customers then they
won't build the plant. Schindel noted that the site for the power plant is not within an area designated as
a floodplain,and in terms of bridge sizing if Newell St gets reconstructed there are requirements that the
DNR has for backwater that they will have to meet.
Travis Young, 750 S Hacket Rd,noted that he has been at 11 meetings,presentations,or debates where
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Planning and Zoning Commission
April 3,2007 Minutes
the LS Power Plant has been discussed and he has sat at tables across from Mr.Milburn and his answers
have always been consistent and honest, and urged the Commission recommend approval.
Hart questioned the source of coal. Milburn noted it would be from the Powder River Basin,which is
primarily in Wyoming. Fossell questioned if it was hard or soft coal.
Connie Marvin,N Raymond Rd, expressed concern on taking good rich farm ground out of production
for the power plant, and questioned what is going to be done with it in 40 years when they are done
producing energy, and suggested that it would become a burden to the City of Waterloo just like the
Rath Company and the Dog Track. Marvin noted that there is a City Ordinance prohibiting the burning
of leaves because it is harmful to neighbors but yet it is being considered to allow a plant to come in and
burn coal, and suggested there is no logic to that, and requested that the Commission delay action.
Dave Myers, 5111 Osage Rd,expressed his opposition to the LS Power development and has grave
concerns on the pollution hazards that will be incumbent with this proposed facility, and noted
numerous locations throughout the country were mercury pollution has been traced to coal plants.
Myers also expressed concern on dumping fly-ash in the quarry that is directly connected to our
drinking water aquifer, and suggested it is a great risk. Myers expressed that mercury and fly-ash
would have adverse strawberry farm business, and submitted
letter
contamination an impact on his JuU1111LLGUcl letter
going on record as opposed to the plant.
Craig Miller, 5713 Independence Ave, expressed concern that the land under consideration is part of his
family's land and he grew up hunting the area and with urban sprawl he will be unable to hunt this area
anymore. Miller noted that along MLK Jr Dr there are lands with for sale signs,the railroad tracks, and
the lagoon, and questioned if all possibilities of it being located in the City Limits have been exhausted
without annexing this property.
Jackie Bergren,Pleasant Dr Cedar Falls, and one of the over 4,000 people opposed to this plant and the
annexing of it into Waterloo,noted she has suffered from life-threatening asthma attacks due to toxins in
the air and is concerned for the elderly and those with other breathing problems and this would only
make it worse. Bergren reviewed the amount of mercury that plants produce and expressed concern for
the health of animals and for garden crops grown throughout the area. Bergren noted that the plant is
suppose to bring in money to the community, but according to County Engineer Richard King, it is
going to cost the community tax dollars to the tune of 15 million,with LS Power only paying about
$300,000, less than 2%, and questioned if we want to pay out all this money to bring all these toxins on
ourselves. Bergren asked the Commission to delay the action for people that could not make it here
because of the 4:00 p.m. time, at least until the next regularly scheduled meeting. Bergren presented
two letters to the Commission. Hart noted that 4:00 has been the standard meeting time probably since
the Commission's inception,and we want it to be available for most people,but no matter what time we
have it we will miss someone that has to work or has other commitments, and thanked all those that
were able to make it to the meeting.
Chris Pint, 1111 Bach St,noted that what she was going to say has been said by others but did question
why this is being done backwards and why they are not getting their permits first, and then going for the
annexation, and what exactly is conditional annexation, and how are the two people that didn't sign for
the voluntary annexation going to be dealt with, and noted that plants are required to keep records on
emissions for 28 days a month and questioned what about the other days in the month,and noted there
are no regulations for what they put in these quarries and questioned how this would be monitored and
regulated, and until these questions get answered to their satisfaction the request should be tabled.
Mike King, 6031 E Donald St,noted a lot of real-estate in the area is for sale, noting that the study on
values was mentioned but questioned why they did not come out and ask some people why their houses
aren't selling, and suggested it is because LS Power wants to build this plant and nobody wants to move
out there, noting he will be putting his house up for sale and if it doesn't sell he is going to be highly
unhappy and questioned who would pay for the losses if he has to sell his house at a loss. King
questioned where you are going to put 40 years of fly-ash, and suggested that there are not quarries big
enough to hold 40 years of fly-ash, and questioned what happens when they are full.
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Planning and Zoning Commission
April 3,2007 Minutes
Hart asked staff to address the procedural question on if this is being done backwards. Anderson noted
that the Iowa Utilities Board wants all the local approvals in place prior to the application being
submitted, so that is why it is going through the annexation and rezoning process at this time. Hart
questioned conditional annexation. Anderson noted that because we know that they have other
approvals at the state level, if the annexation is approved here and if acceptable by the State we would
not file the annexation paperwork with the State in case that they are not able to get their approvals from
the Iowa Utilities Board or others and that way we would not have to take any action and the area would
not be annexed. Hart questioned the issue of two people not signing the voluntary annexation petition.
Anderson noted that there is one person that did not sign that is included in the area that they are
proposing to annex, and that area represents less than 20%of the total area requesting to be annexed so
it is still considered to be a voluntary annexation. Hart questioned the 28 days regulations for the plant
and the issue of leaking into the quarry. Milburn noted that the monitoring requirements by the DNR
are 24/7 so they would be monitoring continuously throughout the operation of the plant, and regarding
the quarry issue,there are regulations, as there is a state law that has specific requirements for what
would be acceptable for reclaiming an existing quarry and they would have to meet that, and every
quarry is not acceptable for it, as it depends upon the topography, distance to groundwater, and distance
to surface waters, and the quarry they are proposing is controlled by BMC Corporation who currently
L.,.,, permit to a i L__,.a: 1_ that from r_1_ ram__._ rir.Tr and r _ State
a accept coal-combustion materials into quarry John Deer, UN!, Iowa State
University, and they are reclaiming over that area right now and have corn production where they have
already placed ash. Milburn noted there was a question on how much the quarry can handle,noting they
need to make sure they will have enough room for the long term and BMC Coropration,with the quarry
they are proposing and other quarries in the area such as the Raymond quarry, have sufficient room for
well over 100 years of fill, and regarding the issue of leaching out of the ash into the groundwater,
because of the distance between the groundwater supply and the surface water,the DNR has determined
which quarries are acceptable for that type of reclamation, and note that there have been studies done
that show that the leaching actually doesn't take place and that due to the PH of the ground even if it did
leach it wouldn't likely be transported to the groundwater, so all of those things put together the DNR
would regulate and permit that would allow it.
Dick Quackenbush, City Council member from the City of Jesup, noted they are 6 miles as the crow
flies from the edge of this development and felt there was an unrepresented voice that needs to be
represented,which is the counties of Fayette, Buchanan, Benton,and Delaware,noting this is the
biggest decision that this board will make as far as health for over 80,000 people, and noted that the
Commission wants to separate the environmental issues from the zoning and hopefully there would be
this contingent in Des Moines that will safeguard us all, but it is still our responsibility to take care of
ourselves, noting 90%of the airborne mercury will fall within 35 miles of the source,which is why he
mentioned the counties he did, noting the prevailing winds and that they will take the brunt of it,with
Jesup having mercury fallout for the next 40 years which is why he is here, as he is very concerned
about the health of his constituents. Quackenbush noted that as a City Councilman he spent a day with
the Iowa Department of Economic Development,who is in charge of the annexation board,noting that
to him this is an island annexation, noting the Florida Keys are individual islands and have a bridge, and
to simply put a road and call that part of something to differentiate from an island, and the Zoning Board
should ask themselves if this is a contingent body of land to the City of Waterloo, noting the annexation
board has been more stringent with irregular shaped annexations. Quackenbush noted that staff used the
term"high tech"and"state-of-the-art" but he has never heard that LS Power will exceed the federal
minimum emissions standards,which would be an easy thing to do to get the trust, and also noted that
their plant can't be compared to Cedar Falls as CFU and the college utility are so small compared to
what is being proposed.
Katie Lesure,attorney from Mt.Vernon, noted she specializes in environmental law and is providing
pro-bono council to the coalition that is opposed to the plant and came to listen,but since she has some
expertise in the agency processes that have been referred to several times she wanted to make a few
points on how the regulatory issues play out,noting that enforcement of the Clean Air Act will get a
permit for every new source from our State Department of Natural Resources, and then they will enter
into an enforcement period and the permits are only as good as the enforcement we receive from the
DNR, and unfortunately Iowa DNR is one of the most poorly funded in the nation. Lesure noted that
15
Planning and Zoning Commission
April 3,2007 Minutes
she pulled quarterly compliance reports for the George Neal Station,MidAmerican's Council Bluff
station, which includes six pages of singled-spaced violations over the course of a quarter for nearly
every single day,these violations did not trigger fines and did not trigger any enforcement action and
represents business as usual for Clean Air Act permitting in this state. Lesure spoke on coal-combustion
waste,noting that in 1980 Congress asked the EPA to look at coal-combustion waste and to come up
with a recommendation for regulating it, and 27 years later EPA has still not come up with a final
agency action to regulate coal combustion waste under the recourse conservation and recovery act, and
in January of this year an alternative proposal for regulating this waste stream but as it stands now in the
State of Iowa we have what are called beneficial use regulations,which means we don't consider the
coal ash that goes into a quarry a form of waste, it doesn't receive the same regulation as a sanitary
landfill would, and there is no provision for groundwater monitoring or financial assurance, if we were
to find at some point in the future that such a quarry is a giant superfund site that it comes back to every
one of us. Lesure noted there will be permitting under the Clean Water Act because a river and a
wetland are involved in this site, and if the Army Corps of Engineers is sufficiently concerned about the
impact, there is the possibility of an environmental assessment,which would give more information on
the local impacts on the proposed development, of which we might be interested in waiting on. Lesure
commented on the role of local government, noting there are agencies to issue permits according to
'fic i..__. but't:,.the role f 1,... ..1 t to t,.L,. ,.11 the t hand, d L t.,.+:..truly
specific iaw, UUL ii.1J the luic V1 local guvc1111uciu to take all ulc issues al llaiiu, and ask what 1J truly
best for this community. Lesure submitted a letter from someone that couldn't be here tonight.
Mark Kresowik, formerly of 279 Hammond Ave,one of the organizers for Community Energy
Solutions, and an employee of the Sierra Club here in the State of Iowa. Kresowik submitted the sign
up sheet that was circulated as well as several letters from people that were not able to stay for the
duration of the meeting. Kresowik noted that he understood the amount of frustration from people for
months from not being able to express their opinions in any kind of formal way,this being the first
opportunity in more than a year,noting it is the policy of LS Power not to debate these issues publicly
and they have repeatedly refused any offer of public debate, noting that the meeting today is not a public
debate, in that LS Power has been allowed to respond to every comment that has been made and they
have not been given that same privilege, and asked that they consider the chance for the Commission to
here a full presentation. Kresowik commented on the Clean Air Act and the amount of air pollution
allowed and indicated that this plant would take up a significant amount of the emission allowed so the
plant would hinder future economic development in this area. Kresowik also commented on the coming
regulation on carbon dioxide emissions, and if regulated like the Clean Air Act, those areas that have
huge emissions would also be hindered by the operation of this plant economically, and that the cost of
the electricity in this region would go up dramatically and would be limited from what we are able to do.
Kresowik commented on efficiency,noting that it is not true that it would be one of the most efficient
plants in the country,noting that the University of Northern Iowa Plant is actually more efficient than
what this plant would be,because it uses something called co-generation combined heat and power,
which in many cases more than doubles the efficiency of a traditional coal fired plant,which would not
be a technology that would be in use with the proposed plant, stating that it is being used across the
country. Kresowik commended on the economic study that has been brought up, and that the author of
the study specifically said not to use the study, and that the study was extremely limited in a proceeding
of exactly this kind. Kresowik noted that renewable energy options would be better, including
economically. Kresowik noted that all of the studies that have been mentioned have been funded by LS
Power and there have been no independent studies done, and would encourage you, along with the
advise of the Black Hawk County Engineer,to delay your proceedings until that is possible,noting that
he has actually requested that delay. Kresowik commented on the economics, noting that with Mr.
Kings numbers, about 15 million is needed to be paid by this community upfront, noting that you won't
start collecting taxes from this plant until it operates, 4 or 5 years down the road, and the debt burden
built up on the 15 million that you will have to shell out will dwarf the 1 or 2 million that you will get in
tax base, so you are not getting any tax base for decades. Kresowik noted that the quality of this land
should be considered,noting that there is more agricultural land under production in the United States
and in Iowa since 1944, and this land is valuable. Kresowik noted that our biggest export should not be
dirty power,and commented on our community's roots in agriculture. Kresowik cited an estimate that
80%of the people in this community oppose this plant. Kresowik stated that the property should be left
16
Planning and Zoning Commission
April 3,2007 Minutes
with its current owners to power our rural economy and not to build a coal plant.
Hart questioned the process regardless of the vote. Temeyer noted that the request would be filed with
the City Council,who would take action similar to what has occurred today,they would set a date of
public hearing and the annexation and rezoning hearing would probably occur at the same meeting, and
the recommendation of the Planning Commission would be filed with the Council, and if it is a positive
recommendation then it would require a simple majority vote of the Council to forward it on, but if there
would be a negative vote of the Commission it would require a 3/4 vote for the Council to override the
Commission's recommendation.
It was moved by Evans and seconded by Powers to close the public hearing. Motion carried
unanimously.
Fossell restated her previous question if it was a hard or soft coal. Milburn noted that it is considered a
medium subbitumonus coal. Moser noted that Mr. Schultz stated that at one time Iowa was 50%over
capacitated with electricity and hasn't heard anyone say if we need more electricity or not,to which no
one was sure of an answer. Fossell questioned if this were passed if the company would have to follow
all new laws as they came into existence or if they would be grandfathered in at our present law level.
Temeyer noted that it would depend, as any new law has to establish iI it would apply to existing
facilities or not, so Congress or the Legislature could enact new rules that they would have to follow,or
they could say that they grandfather certain requirements. Noting that when the City of Waterloo passes
new laws sometimes they require all to meet the regulation,which can be controversial, and sometimes
we grandfather them in, so it can be different for each situation. Powers questioned Mr.Kresowik's
comments on an 80%poll and questioned where the information on the poll was and if anyone has seen
it, noting that based on the questions it can produce the results, and questioned who funded the poll.
Kresowik stated that it was not a poll and it was an impartial person who had done a survey both in their
personal opinion relative to the comments they had heard and the people they had talked to outside, but
stated that a poll was done by University of Northern Iowa students and was done in Waterloo along the
areas in the 4t"Ward particularly and sampled a few other parts of the community and their numbers
were actually even higher against the proposed plant. Kresowik commented that the Energy
Information Administration is the source and is the department of US government that provides all the
electric statistics, and from 1999 until 2003,the last date there is solid data from,the demand for
electricity in Iowa did not grow at all, and in fact given the no population increase the projections for
Iowa are not expected to grow over the next few years.
Temeyer then read the names of the individuals that submitted a letter during the meeting, including
Jack Hummel, Connie Marvin, Holly Lindsay, Anne Johnson, Jackie Berggren, Sue Alcott, Conrad
Gallmeyer, Sue Etringer, Julie Fischer, Sheila Kayser, Michael Kayser, and Cleola Robb.
It was moved by Powers,seconded by Evans to receive and place on file the written comments.
Motion carried unanimously.
It was moved by Craft, seconded by Evans to approve the annexation request, based on staff
recommendations.
Prior to vote George commented that he could not believe that there is more discussion from the
Commission before the vote. Hart noted that he had asked for discussion and no additional comments
were given. George questioned what the rush was,noting that we just accepted a stack of letters that he
hasn't seen and would like to be able to read the letters before he makes a decision and noted he has
heard several other questions tonight that he would like answers to before he casts a vote. Hart noted
that there is a motion on the floor but the Commission can decide if they need a recess and then come
back to make a decision. Moser questioned the statement by Mr. King that it will take 15 million to
bring this site up to the standards that is needed and nobody has discussed that and questioned if they
were improvements the county would need to spend anyway, or is it in addition to what the County is
going to spend or the City is going to spend to improve the roads and rail lines to the site. Temeyer
noted that the City isn't going to be required to spend this money and the development agreement would
17
Planning and Zoning Commission
April 3,2007 Minutes
address the improvement of Newell St and will ask that LS Power pay for the improvement,with our
agreement to apply for a RISE grant to help pay for it, but if such a grant was awarded it would not fund
the whole thing and so the development will ask them to pay for the construction of Newell Street from
N Elk Run Rd to Raymond Rd. Temeyer noted that the other projects that Mr. King's letter references
are current projects that the County has on their books as needed improvements already, so they have a
need for road improvements,but this won't be caused by LS Power and these improvements need to be
made whether LS Power goes or not. Temeyer noted that he would agree with Mr. King that he needs to
make these improvements and the County needs to fund road improvements to get them done, noting
that in the City of Waterloo we use our local option tax for road improvements so that they don't have to
be assessed to local property owners, so this gets into a philosophical discussion with rural residents
whether they want property tax relief or infrastructure improvements. Temeyer noted that everyone
would agree that the County rural areas need road improvements,but those are part of the 15 million
that is not caused by LS Power. George stated that he has not heard anything on percentages of who
pays for what for the improvements that are needed. Temeyer noted that all of the utility improvements
would be funded by LS Power to get the utility improvements to the site, and that Waterloo does not
intend to fund those improvements. George questioned if the power company is going to pay for
everything. Temeyer noted that that is what we are asking as part of the development agreement.
Milburn noted that the road improvements for Newell St would be paid for by a commitment in the
development agreement by LS Power to the City and they would also need to work with the County to
do a similar sort of agreement to commit to certain funds to upgrade the road,noting that further studies
are needed to understand what the cost of the road is going to be,but stated that anything that is caused
by the power plant being built, such as infrastructure improvements, drainage control,road
improvements, etc. has to be born by the project, and stated that the 15 million is not the cost to the City
or the County because of the power plant, but there are costs and those costs would be the responsibility
of the project, including pipelines and connections to utilities. Evans questioned if there is a number on
how much Waterloo would spend or if there would be costs. Temeyer noted that he did not want to say
there would be no cost, but it is the City's goal to keep those to a minimum. George noted that he heard
the amount of money that the City would realize was not 2 million but somewhere around$800,000 a
year once it is up and operating, stating that he did not feel that was much. Mayor Hurley noted that if
you sit through the City budget process and know what has happened with the Human Rights
Department, $800,000 is a goldmine,noting that when we were that short in the budget just to get legal
on what we could budget,noting it is a matter of opinion but also noted that LS Power does not need the
annexation to put the power plant in, and if not annexed they can simply go to the County and build
their plant and then that$800,000 goes to Des Moines, and doesn't help the County as they would not
get any more, so would not do anything additional to help Mr. King fix the County roads. Powers
commented that the nurses, health care professionals, environmental attorneys and the citizenry that
spoke tonight made some compelling statements, including some things that set him back and that he
could learn from, but noted that he was not smart enough to analyze the environmental aspect and felt
that his job as a Commissioner is to move this process forward so that those that are in the State and
Federal level can help us as a community come up with those environmental impacts and make those
statements for us. Powers noted that in terms of road problems, more traffic on a road is a good sign of
economic development, and in terms of economic development,we need it, but we also need to look at
the environmental impacts and he will defer to others. Evans suggested that we all have a job in the
process and this is the Commission's job in the process, and there are others in the process that regulate
the environment and suggested that the Commission does not have the expertise to do that and should
not be expected to do that. Moser suggested that there have been good comments from both sides but
suggested the Commission was ready to make a decision.
Motion to approve the annexation carried 6-5, with Johnson abstaining due to a conflict of interest.
Ayes:Powers,Moser,Evans, Craft, Orchard, Grimm
Nays: George, Fossell,Hartleip,Loveless,Hart
Abstain:Johnson
Absent:Burt
18
Planning and Zoning Commission
April 3,2007 Minutes
It was moved by Evans,seconded by Moser to approve the rezoning request based on staff
recommendation and subject to the following conditions:1) The proposed Mitigation Criteria as
outlined in the traffic study,Page 16, 2) That the design, construction, and operation of the planned
electric generation facility will be in compliance with all federal,state, and local laws, ordinances,
and regulations. The facility will be equipped with state-of-the-art air emission control technologies,
which will make the Elk Run Energy Station one of the cleanest coal plants in the country, 3) That
the company continues to further engineer and economically study the use and selection of renewable
fuel sources, which may potentially involve switch grass, corn stalks, or waste products from Iowa-
based ethanol projects, 4) That the site plan meets the rules and regulations of all applicable local
codes and ordinances, including but not limited to drainage, landscaping, etc., and 5) That a
Development Agreement is approved to address the extension of infrastructure for the project
including, but not limited to, wastewater, water,sewer, and Newell Street improvements. Motion
carried 6-5, with Johnson abstaining due to a conflict of interest.
Ayes:Powers, Moser, Evans, Craft, Orchard, Grimm
Nays: George, Fossell,Hartleip,Loveless,Hart
Abstain:Johnson
Absent: Rurt
E. Discussion/Possible Action Items
1. Amendment to the City of Waterloo Zoning Ordinance,creating multiple amendments and updates.
Hart noted as a reminder that the next Special Meeting for the Planning and Zoning Commission would
be held on April 10, 2007 at 3:00 p.m. in the Council Chambers.
VII. Adjournment
With no further business to discuss,Hart declared the meeting adjourned at 8:15 p.m.
Respectfully submitted,
Aric A. Schroeder,
Secretary
19
COUNTY AUDITOR
GRANT VEEDER
HELEN R.STEFFEN—Payroll/Real Estate Tax Manager BLACK HAWK COUNTY Phone (319)833-3002
JULIE PROTSMAN-Financial System Manager 316 E. 51"STREET ROOM 213 Fax (319)833-3I 19
BONNIE ADAMSON-Accountant,Payables WATERLOO,IOWA 50703-4774 E-mail auditor@ co,black-hawk.ia.us
gveederCco.black-hawk,ia,us
ANNEXATION REVIEW
Elk Run Energy Associates LLC
Annexation Plat for Part of Sections 14 and 15,
Township 89 N, Range 12 W of the 5th P.M. and
part of Newell Street, and Merle Road, and part
of the Union Pacific Railroad Right-of-Way, all
in the County of Black Hawk, State of Iowa
Description is accurate and complete(see attached annexation plat)
Description is not accurate and/or complete(see attached annexation plat)
Titleholders listed are accurate and/or complete(see property owner table below)
Titleholders listed are not accurate and/or complete(see property owner table below) _
Project Parcel Name Deed or Document County Tax ID
Number* Number
1 Miller/Oldenburger 2003 014438 8912-15-476-002
2 Miller/Oldenburger 2003 014438 8912-15-426-001
3 Miller/Oldenburger 2003 014438 8912-14-151-001
4 Miller/Oldenburger 2003 014438 8912-14-301-001
5 Miller/Oldenburger 2003 014438 8912-14-351-001
6 Bell CT 008 360 8912-14-176-001
7 Ryan 2006 007057 8912-14-326-001
8 Ryan 2006 007057 8912-14-376-002
9 LKR Farms LD 573 818 8912-14-251-002
10 Miller LD 574 629 8912-15-476-003
*Project Parcel Number refers to the identification number on the annexation plat
Person Completing Review: (/haul N 2 . . Sc.k OOTitle: 1 �P u�A T�v��
Date of Review: 6 — 2-2-- :='- 7 Signature: Vi`t-t
1m.- N CITY OF WATERLOO , IOWA
i��^rj COMMUNITY PLANNING AND DEVELOPMENT
k,----,,,, 715 Mulberry Street • Waterloo,Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262
tl0 DONALD J.TEMEYER,Community Planning&Development Director
Mayor June 26,2007
TIMOTHY J.
HURLEY
Iowa Department of Economic Development
COUNCIL City Development Board
MEMBERS
Attn: Mr. Steven McCann
200 East Grand Avenue
REGINALD A. Des Moines, IA 50309
SCHMITT
Ward 1
RE: Elk Run Energy Associates LLC Annexation—Statement of Agreements
CAROLYN
COLE Mr. McCann and City Development Board,
Ward 2
HAROLD The territory proposed for annexation by the City of Waterloo is not within 2 miles of
GETTY any other incorporated City and is not subject to any moratorium or annexation
Ward 3 agreements.
JOHN A.
KINCAID
Ward 4 Respectfully,
RON da:-.:.-
WEEPER
Ward 5
Aric A. Schroeder,
BOB Senior Planner
GREENWOOD
At-Large
ERIC
GUNDERSON
At-Large
WE'RE WORKING FOR YOU!
III
An Equal Opportunity/Affirmative Action Employer
r .
Nil M .11.••1
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CITY OF WATERLOO , IOWA
1,11/ANIVIrr / COMMUNITY PLANNING AND DEVELOPMENT
/VW 715 Mulberry Street • Waterloo,Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262
WOO- DONALD J.TEMEYER,Community Planning&Development Director
Mayor June 26, 2007
TIMOTHY J.
HURLEY
Iowa Department of Economic Development
COUNCIL City Development Board
MEMBERS
Attn: Mr. Steven McCann
200 East Grand Avenue
REGINALD A. Des Moines, IA 50309
SCHMITT
Ward 1
RE: Elk Run Energy Associates LLC Annexation—Statement of State or County Right
CAROLYN of Way
COLE
Ward 2 Mr. McCann and City Development Board,
HAROLD
GETTY The territory proposed for annexation by the City of Waterloo does not include any
Ward State-owned property. The territory does include a road occupied by Black Hawk
JOHN A. County, Iowa,pursuant to easements,with the underlying ownership thereof being in
KINCAID Phyllis Joan Morgan, Thomas C. and Theresa L. Milota, James H. and Eleanor Pardoe,
Ward 4 Michael and Christin A. Padden, John D. Arbuckle Trustee, Todd Raymond Munger,
Scott Craig Munger, Troy Gene Munger, and Dorothy J. Munger, which parties are not
RON
WEEPER included among the Petitioners. The County Board of Supervisors were notified of the
Ward S application and participated in two consultations with the City of Waterloo, all in
conformity with Iowa Code § 368.7(1)(b). The City of Waterloo is relying on the City
BOB Development Board to provide the notice to the County Attorney that is required by
GREENWOOD Iowa Code § 368.5.
At-Large
ERIC On behalf of the City of Waterloo, I certify that the above statements are true and
GUNDERSON correct.
At-Large
Respectfully,
Aric A. Schroeder,
Senior Planner
WE'RE WORKING FOR YOU!
An Equal Opportunity/Affirmative Action Employer
% ji`, CITY OF WATERLOO , IOWA
G ,,� ,•„� CITY CLERK AND FINANCE DEPARTMENT
G � 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4323 Fax (319) 291-4571
d�er�oa o NANCY ECKERT • City Clerk MICHELLE.WEIDNER,CPA • Chief Financial Officer
Mayor
TIMOTHY J. Certification of Notice to Property Owners
IIURLEY
The undersigned, first being duly sworn, states that on the 17th day of April,
COUNCIL 2007, I personally mailed to each of the following named persons listed on Exhibit
MEMBERS "A", a Notice of Public Hearing on an application for annexation of approximately
345 acres of land generally located along Merle Road, north of Newell Street, ' mile
REGINALD A. east of North Elk Run Road for the construction of a 750-megawatt coal-fired
srHMlrr electric generation facility. Said Notice of Public Hearing included a copy of the
Ward I
Petition for Voluntary Annexation, with a legal description and map of the area
CAROI.YN proposed to be annexed. Said Notice of Public I fearing and attachments was mailed
COLE by regular mail, except for those indicated on Exhibit"A" as being sent by certified
Ward 2 mail, including the non-consenting owner and affected public utilities. Said Notice
IHAROLD of Public Hearing and attachments was mailed in a sealed envelope with proper
GETTY postage thereon, addressed to said persons respectively at their last known Post
Ward.3 Office addresses, by depositing the same on said date in a United States Post Office
TOI IN A. mail receptacle in Black Hawk County, Iowa.
KINCAID
Ward 4 DATED this 26th day of June, 2007.
RON
WELPER
Ward 5
BOB Nancy re e t, City Clerk
GREENWOOD
A t-14 try
ERIC SUBSCRIBED AND SWORN to before me this 26th day of June, 2007.
GUNDERSON
At-Large
( � l
'No-tar yPublic in and for the State of Iowa
(SEAL)
WE'RE WORKING FOR YOU!
An Equal Opportunity;Affirmative Action Employer
HLE C
P 7 it'
y CITY OF - IOWA
oalllio. i• r R � ._
'" CITY CLERK ANC FINANCE DEPARTMENT
i
'S Mu berry St Waterloo IA 50703 3 9) 291 4323 Fax(3?3' t 14(111
�ger1i00 1 --NANC) EC K1`1•1 • •,_gmCle'rR Mk liElI. 11r1^IDN fi CPA • Chre, r ee a ? 1t'r- f
April 17, 2007 .
lr 7 n
l l\1UI IIY J,
I1L'1tlI:\ :• .• /
Dear Property Owner: ,° =I" 1 ;
C)L\C_IL -.w_
MEMBERS This letter is being sent to you pursuant to Iowa Code Section 368.7(1)(c) and Iowa
Code Section 368.7(1)(d) to inform you that the Waterloo City Council will hold
hl.vi\AL.i:>.\- public hearings on the request of Elk Run Energy Associates, LLC to annex
`*CF l\111`I approximately 345 acres of land and to rezone approximately 260 acres of land
;van' I
generally located along Merle Road, north of Newell Street,3j milt. cast of North Elk
C.11I,(,11 Run Road for the construction of a 750-megawatt coal-fired electric generation
t:or..1- facility.
1{A:zr,1 r> The Waterloo City Council will hold the public hearings on the above annexation
(-.1 r)r and rezoning requests on Monday, May 7, 2007 at 5:30 p.m. in the Council
t4:r.t Chambers,second floor of City Hall, 715 Mulberry Street, Waterloo, Iowa. You
may appear at that time and place and be heard or you may file written objection or
I�>1j�,�. su ort with the CityClerk, CityHall Waterloo, Iowa before the date set for said
ktv Air)
pp
11.,,r,a-I hearings.
1`t"' Enclosed please find copies of the petition for voluntary annexation which includes a
t, ; copy of the legal descriptions and maps. Also enclosed is the legal description and
map for the rezoning request.
b(>1;
`''`l I l~``t'I) If you have questions on the above information,please feel free to contact my office.
.ir-I:,,tia
•
rrtt- Sincerely,
t;t\t.lt-RSt 1\ �C%
itl„
Nancy -ckert
City Clerk
Enclosures
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Exhibit"A" Page 1 of 2
Elk Run Energy Associates,LLS ACKERMAN,RAYMOND L BELL,MERLE T
Annexation Notice—Adjacent ACKERMAN,MARION J 1644 MERLE RD
5338 E DONALD ST WATERLOO,IA 50703
Property Owners and Owners WATERLOO,IA 50703
within the Area to be Annexed
DEWAR SANITARY DISTRICT FARMERS NATIONAL COMPANY HERTZ FARM MANAGEMENT INC
PO BOX 3 TABER,THOMAS N ARBUCKLE,JOHN DAVID TRUSTEE
DEWAR,IA 50623 11516 NICHOLAS ST#100 415 S 11TH ST
PO BOX 542016 PO BOX 500
OMAHA,NE 68154 NEVADA,IA 50201
HOFFMAN,MATTHEW L KASS,ARTHUR LKR FARMS INC
HOFFMAN,ANNE 1'1E M 3428 N NESBIT RD 2825 HUNTINGTON RD
932 BROOK RD DUNKERTON,IA 50626 WATERLOO,IA 50701
WATERLOO,IA 50703
MILLER,DOUGLAS D MILLER,MARLENE PEARL MILOTA,THOMAS C
MILLER,DEBRA J OLDENB V RGER,EAN T.MAE ivIlLO T A,T HERESA L
4811 NEWELL ST 4418 VINTAGE LN#V 4545 NEWELL ST
WATERLOO,IA 50703 WATERLOO,IA 50701 WATERLOO,IA 50703
MORGAN,PHYLLIS J MORGAN,PHYLLIS JOAN MUNGER,DOROTHY J
4621 NEWELL ST MORGAN,REVA MAY MUNGER,TODD RAYMOND
WATERLOO,IA 50703 4621 NEWELL ST MUNGER,SCOTT CRAIG ETAL
WATERLOO,IA 50703 3365 MT VERNON DR
WATERLOO,IA 50701
OBERHAUSER,MICHAEL PADDEN,MICHAEL PARDOE,JAMES H
OBERHAUSER,NANCY PADDEN,CHRISTIN A PARDOE,ELEANOR
5421 NEWELL ST 940 BROOK RD 942 BROOK RD
WATERLOO,IA 50703 WATERLOO,IA 50703 WATERLOO,IA 50703
RYAN,MARVENA R SCHONS,JACK R WARD,LE ROY V
2643 E DONALD ST PO BOX 21 WARD,DEBRA K
WATERLOO,IA 50703 DUNKERTON,IA 50626 BRINKMAN,MICHAEL T
1405 N RAYMOND RD
WATERLOO,IA 50703
WIDDEL,KATHLEEN L UNION PACIFIC RAILROAD COMPANY
1747 LATHROP RD REAL ESTATE DEPARTMENT BELL,MERLE T
DEWAR,IA 50623 ATTN:TONY LOVE,ASST.V.P. 1111 BAUCH ST
1400 DOUGLAS ST STOP 1690 WATERLOO,IA 50701
OMAHA,NE 68179-1001
TOM LITTLE,CHAIR
Chairperson of the Black Hawk BOARD OF SUPERVISORS
COUNTY COURTHOUSE
County Board of Supervisors SUITE 203,316 E 5TH ST
WATERLOO,IA 50703
Exhibit"A" Page 2 of 2
UNION PACIFIC RAILROAD COMPANY TERRY WITT
REAL ESTATE DEPARTMENT MIDAMERICAN ENERGY
Affected Public Utilities ATTN: TONY LOVE,ASST.V.P. 260 FAIRVIEW AVE
1400 DOUGLAS ST STOP 1690 P 0 BOX 600
OMAHA,NE 68179-1001 WATERLOO,IA 50704
RANDY BROWN DENNIS CLARK ROD LARSEN
MEDIACOM WATER WORKS IOWA DOT
4040 ALEXANDRA DRIVE 325 SYCAMORE ST 1875 W RIDGEWAY AVE
WATERLOO,IA 50702 WATERLOO,IA 50703 PO BOX 1888
WATERLOO,IA 50704
SUSAN HEFNER GORDON WALDON BRANDON HAMANN
QWEST QWEST QWEST
2103 UNIVERSITY 1010 STRATFORD 1010 STRATFORD
DES MOINES,IA 50317 WATERLOO,IA 50701 WATERLOO,IA 50701
Copy of the application by BELL,MERLE T BELL,MERLE T
certified mail to non-consenting 1644 MERLE RD 1111 BAUCH ST
owner and affected public utilities WATERLOO,IA 50703 WATERLOO,IA 50701
SUSAN HEFNER DAN ARENS RANDY BROWN
MIDAMERICAN ENERGY
2103Q QWEST ME UNIVERSITY M
260 FAIRVIEW AVE 4p 0 ALEDIAXANDRA ANDRA DRIVE
DES MOINES,IA 50317 P 0 BOX 600 WATERLOO,IA 50702
WATERLOO,IA 50704
DENNIS CLARK ROD LARSEN UNION PACIFIC RAILROAD COMPANY
WATER WORKS IOWA DOT REAL ESTATE DEPARTMENT
1875 W RIDGEWAY AVE ATTN:TONY LOVE,ASST.V.P.
325 SYCAMORE ST
WATERLOO,IA 50703 PO BOX 1888 1400 DOUGLAS ST STOP 1690
WATERLOO,IA 50704 OMAHA,NE 68179-1001
GORDON WALDON BRANDON HAMANN MORGAN,PHYLLIS JOAN
QWEST QWEST MORGAN,REVA MAY
1010 STRATFORD 1010 STRATFORD 4621 NEWELL ST
WATERLOO,IA 50701 WATERLOO,IA 50701 WATERLOO,IA 50703
PARDOE,JAMES H PADDEN,MICHAEL HERTZ FARM MANAGEMENT INC
PARDOE,ELEANOR PADDEN,CHRISTIN A ARBUCKLE,JOHN DAVID TRUSTEE
942 BROOK RD 940 BROOK RD 415 S 11TH ST
WATERLOO,IA 50703 WATERLOO,IA 50703 PO BOX 500
NEVADA,IA 50201
MUNGER,DOROTHY J MILOTA,THOMAS C
MUNGER,TODD RAYMOND MILOTA,THERESA L
MUNGER,SCOTT CRAIG ETAL 4545 NEWELL ST
3365 MT VERNON DR WATERLOO,IA 50703
WATERLOO,IA 50701
FORM 1 I T.
STATE OF IOWA, I do solemnly swear that the annexed copy of Legal Waterloo, City of
SS
Black Hawk County, Public Hearing on Annexation-Elk Run Energy
NOTICE:OF PUBLIC HEARING
ON ANNEXATiON
c TO WHIM IT MAY CONCERN:.
Notice Is hereby given that
on the 7th;day of May,2007,
• at 5:30 pm, in the Council
Chambers in the City Hall in the
• CAT of Waterloo ioWa,a pub-
lic hearine wAll be held nY the notice was published in the Waterloo-Cedar Falls Courier, a daily newspaper printed in
. „CityolFr-aat�ik
Run Energy+° ea,LLCto
_ atteey ed acres Waterloo,Black Hawk County,Iowa,once commencing on the 20 t h
Wong
Mer• le Road noith Cif Newell
E n Road toallow east North
day of April 20 07 in the name of
development of a 750-mega-
watt coal-fired electric genera-
`+ facility, legally,described
a said newspaper, and that the annexed rate of advertised is the regular legal rate of said
A PAIIGEL OF.LAND SITUATED
IN PARTT7OF SECTION 14
AND PART- OF. SECTION-
15 TnWKOHIP A9 NnaTu. newspaper,per and that the following is a correct bill for pl:blisi-ang said notice
RANGE 12 OF THE y5ik1
PRINDIPAL
PART OF LL TREE`,
• MERLE R AD, AN• Printer's Bill$ 71 .5 9
Its. pAIL,or, E t1,ON
E dc,,,:;,(2 oF CA ,fCOMfNOfTIDE ' •el
14 t trTi, ne .
{ a ,•WEST(ASi, a
�• Signed
FOR THE PURPOSE
OF ThIS DESCRIPTION) ON
THEz SOUTH LINE OF.THE
SOUTHWEST 1/4 OF SAID fieL
' ° DISTANCE Of Subscribed and sworn to before me this -day of
a I,Iai Etta LITH
4300 TO /�
THE, Slog rH A.D.,20 V 7
g�p cE .SOUTH
2• • -or-wow'uNE,
OF SECTION23.TOWNSHIP
59 NORTH,'RANGE'12 WEST .„),S ..
OF THE 'STH PRINCIPAL
MERIDIAN:'THENCE'SOUTH
89'WEr:-WEST ON THE Nolas,
I
P RESENT'SOUTH RIGHT-OF- `', j DE BITE S. ARBtapr•+.�.E
WAY LINE OF NEWELL STREET, 11 i
1,00590E4E1;THENCESOUTH A a €L I SIGN NO. 174858
00 34,,11°v EAST ON SAID , `= t \ CO 1 I SON FIRES
SOUTH RIGHT-OF-WAY UNE, p .
17.00 FEET; THENCE SOUTH Received of i >.
80°49`51" WEST..ON SAIDSOUTH,RIGHT,OF-WAY LINE,
9002 FEET;THENCE NORTH
00 34 11• WEST ON SAID tif- •-
SOUTHI. OF-WAY UNE,
qq0p FEET THENCE:SbuTH
$g°+T9 51, ST'ON SAID
SOUTHRIGHT-OF-WAY'UNE, the sum of
741 02 `THE WEST — A _--
1,RGE OF 7TN1/4
T Dollars
RTH 00°34`11
3.t;uv WESTOin full for publication of the above notice.
38. f�TtOTHESOt1TtI1r4
s• '_ .OF 43A1 D,SECTION
15; - .' NORTH 00°13'42"
WEST.UNE OF
'SEC
NE@ SOUTH)-CAST 1/4,0E
SECTION 15.A oF
33.00 FEET TO THPRESENT
NORTH,RIGHT-OF-WAY LINE
OF'NEWELL Siiti;TIENCE
NE,
'b" pT
u THENCE
NORTH 00'lO'F4r EAST ON
SAID NORTH RIGHT-OF-WAY
UN 17.00 FEET; THENCE .
NORTH &4°49'¢i. EAST ON
$ NORTH RIGHT-OF•WAY
LIN 400.00 FEET TO THE
LINE OFITHE EAST 1/2
OF THE SOUTHEAST 1/4 OF
E SECTIC N 5; 00 10'47"
2N,50
N
T
Iar 4F HE
sow SOUTHEAST
1/4 SAID CRON 15;
THENCE 44'2r`
1
'---- ----
'
EAST TVIV.NORr`H LINE
OF 'THE Wf 1/2 OF THE
SOUTHEAST 1/4 OF SAID
SECTION 15; A DISTANCE
OF 1,M.17 FIEET TO THE
WEST 1/4 CORNER OF SAM
SECTION 14;THENCE NORTH
00-11-0- EAST ON THE
WEST LINE OF THE SOUTH
1/2 6� THIE� NORTHWEST
DISTANCE OF'1,325.27,FEEr
TO THE NORTHWEST CORNER
OF THE SOUTH 1/2 OF THE
NORTHWEST 114 OF SAID
SECTION 14;THENCE NORTH
NORTH LINE OF THE SOUTH
1/2 OF THE,NORTHWEST
1/4 6F SAID SECTION 14,
A DISTANCE OF 2,642.29
FM TO THE NORTHEAST
,-CORNER OF, THE SOUTH
1/2 OF THE'NORTHWEST
114 OF SAID SECTION 14;
THENCE NORTH 8V IT 36'
EAST ON THE NORTH LINE
OF THE SOUTHWEST 1/4 OF
THE NORTHEAST 114 OF SAID
SECTION 14, A DISTANCE
OF 190.01 FEET TO THE
NORTHERLY : EXTENSION
OF THE WEST LINE OF A
PARCEL OF LAND DESCRIBED
IN THE APPUCATION FOR
CONDEMNATION, RECORDED
IN LAND DEED BOOK 643,
PAGE 1, IN THE BLACK
HAWK COUNTY,RECORDER'S
OFFICE; THENCE SOUTH
00-01-39-EASTON SAID WEST
LINE AND ITS NORTHERLY
EXTE?1ISJON, 540.03 FEET TO
THE souTiHWtsT 'CORNER
,OF-SAID PARCEL OF LAND;
THENCE NORTH 89*17'36'
SAID PARCEL LAND AND
ITS EASTERLY- EXTENSION,
1,019.61 FEET TO A LINE THAT
IS 100.00 FEET WEST OF AND
PARALLEL WITH T14E EAST
LINE OF THE SOkITHWEST 114�
OF THE NORTHEAST 114 OF'
SAID SECTIOk 14: THENCE
SOUTH 00-08'13- EAST ON
SAID PARALLEL UNF,790.07
FEET TO THE SOUTH LINE
or rHrm so4fi-iwEsT 1/4
OF THE NORTHEAST 1/4 OF
SAID SEGTIO14 14; THENCE
SOUTH 89*21'17' WEST ON
SAID SOUTH LINE
FEET TO zNORTHEAST
CORNER OF' EAST 1/2
140
SOUTH!" 14 EAST,ON
ST
Is
OF LAND
DEED, 0 IN,-LAND
THE HAWK COUNTY
THE CE SOUTH 89'20'36'
WEST ON SAID PARALLEL
LINE, 632.01 FEET TO THE
SAID PA:Rj; VE AND
CONTAINING 16,038,145
soUAAE FEET Dill-345.23,
Anyone#b
Clark ally Hall,Waterloo,ldwi�
head
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---- ---------�------- ---- ------�----' --- ----------�X--------r--
Waterloo, Iowa April 24, 2007
The Board of Supervisors of the County of Black Hawk, in the State of Iowa, met in regular adjourned
meeting at the Courthouse in Waterloo, County Seat of said County, at nine o'clock(9:00) a.m., pursuant to
law, to the rules of said Board, and to adjournment. The meeting was called to order and on roll call there were
present: Tom Little, Chair; Scott Jordan,Frank Magsamen, John Miller and Craig White.
Absent: None.
White moved the following resolution seconded by Magsamen.
WHEREAS,the city of Waterloo has received a petition for voluntary annexation of land by Elk Run
Energy Associates,LLC on approximately 345 acres generally located along Merle Road, North of Newell
Ste..# 3/A l '1 East f AT Elk.D Road c Elk D Creek), .7
J 1.1 liGL, J!T of a mile Lia.71,of N. L.LA X%.UU IW(IU ‘'East of lilt..Run l..reellf, aI&
WHEREAS, a consultation meeting was held to gain input on the proposed annexation, and
WHEREAS, in compliance with Iowa Code§368.7, the Board of Supervisors shall, by resolution, state
whether or not it supports the application or whether it takes no position in support of or against the application,
no later than April 27, 2007, now therefore
BE IT HEREBY RESOLVED that the Black Hawk County Board of Supervisors takes NO POSITION
on the request for voluntary annexation of land by Elk Run Energy Associates, LLC.
Jordan asked for an explanation of the action from Assistant County Attorney Peter Burk. Mr. Burk
said that the law says the Board must take action and gives it the options of supporting the annexation, opposing
it, or taking no position. Little asked if the Board's action affected the annexation. Mr. Burk said it would not.
Miller asked if the Board had ever opposed any annexations. Mr. Burk said that he didn't recall, but noted that
normally the Board isn't required to take action, and he wasn't sure why it was required in this case, and
guessed it could be because it involved utilities.
AYES: Jordan, Magsamen,Miller, White, Little.
NAYS: None. Resolution adopted.
Minutes were approved as submitted.
On Motion and Vote the Meeting adjourned.
* * *
I, Grant Veeder, duly elected and qualified Auditor of the County of Black Hawk, in the state of Iowa,
do hereby certify that the above and foregoing is an exact and true copy of action taken by the Board of
Supervisors,Black Hawk County, at their regular meeting held April 24, 2007.
IN WITNESS WHEREOF,I have hereunto set my hand and the seal of this office this 25th day of
April, 2007.
SEAL 214-6*---.0_
Grant Veeder, County Auditor
r
, 1
FL
E c Richard L.King,PE/LS
QffIC@ Of th@ County Engineer
^-� homas P.Schoenen,PE
lack Hawk County Assistant County Engineer
f*, Brian Cady, PE
Assistant la County Engineer
Engineer Dennis A.Clarke
Lynn Kioberdanz
Geoffry A.Tinker,PLS
316 East Fifth Street, Room 211 Engineering Staff
Waterloo, Iowa 50703-4774 Jan Hix
Telephone: 319-833-3008 AdrninistratIve Aide
Fax: 319-833-3139 Galen Elters
S E-mail.engineer@co.black-hawk.ia.us Maintenance Superintendent
':'94
ei-r Rick Buffington
.. A4ainten once SupenAse
March 14, 2007
C r`
To: Board of Supervisors �> 4� 3 Fc!
From: Richard L. King, P.E./L.S.
County Engineer �, `s
Re: Technical Review of LS Power Development
Following are my comments regarding the L S Power Plant Annexation Report of
P&Z:
This is an important document that outlines the intent of the annexation. There are
two areas that affect the further development and project scheduling for drainage and
roads. I would suggest these projects, schedules and cost sharing be cDnsidered as
noted on the attached outline.
1. Consider the projects as needed for the sight and area affected by the site.
Drainage:
An Outlet of the site drainage
A Comprehensive Drainage Plan will address issues down stream to
the Cedar River.
Roads:
Roads within the access of the site
Roads leading to the Interstate
Roads on the route to the quarry
2. Consider the ROW acquisition for roads prior to the rezoning
3. Consider the total cost for this general area of industrial development
4. Consider the importance of the Industrial access route around east and
north of the metro area
.A ri;
, .
. I -
e.
B I C 1 D E I F I G H _,-I 1
3 LS Power ; Segment ! Location ` Task Target
4 Drainage comprehensive plan Is needed to evaluate tasks sending target and costs
5 Elk Run Creek :
6 i 'North of Newell
7 _ --- --� iRail Road _ Raii road bridge drainage capacity 'pending -- --
8 —' - - Raymond Rd. _M_Road Reconstruction&Storm_Sewer With paving _ —«- --_—
9 f Dewar :Road Reconstruction&Storm Sewer;With paving
10 — Newell Bridge Bridge Reconstruction -- With paving --- $650,000 IDOT/CtyfCo
11 :South of Newell
12 •-- - �_ Independence Bridge Reconstruction pending $600 000;DOT--—
13 — :Osage Bridge Reconstruction With paving
14 jelly Of Elk Run Bridge Reconstruction pending - .. .._---- --- -�
15 -Elk Run Tributa
16 l :Section 14 !outlet development at Newell With paving $150,000 LS Power
17 -Section 22&23 Drainage way pending ! $75 000'LS Power
18 :Section 26&27• 'Drainage-- -way _--__..-----._ pending $75 000 LS Power
19 _____.__._..___._-_,Storm Water management ,
20 i !City of Waterloo By ordinace ,
21 1__ '._...... !Black Hawk Count—.. __--------..._._-__.._.._ By Or..___
22 i 'City of Elk Run ; By ordinace
23 Comprehensive Master Plan !City/County Agreement ipending $150,000
24 __._ i_. _ -._f. i- $2i300.000
27 Transportation
28 Rail. 1
29 Location , :Main line upgrade !Pending
30 ;Crossing improvements :signal and gates !pending
31 Spur alternate location study --_ — - upending.
32 Roads i_ �_—_-•--------._-:— __—.__--- _._'
33 ;Access area I
34 I Newell Street Cityleonnty agreement latter zoning
35 i i ;ROW for road construction 2008 $75 000 Cl/Co--
j- _ Reconstrucioon Elk Run To Raymond 2009 $4.220,000 ay/Co..
37
i Elk Road .Cut /count
-- — �---- ---- ! .. .__... _ .,__Y-_.-_ YsBrecment latter zoning
38 i a ROW for road construction 2010 $25,000 Co.
— ROW
to Dubuque 2011 $1 200 000 City/Co --
40 lRaymond ROW for road construction 000
20081 $50 'Co
41 i dependence Raymond Intersection 20081 $1,200 000,IDOT/Co.
42 ,
281 to Dewar . _._.
43
Dewar 2fl10 i ,Co
44
$8,270,000'
45 — .Truck Routes i
46 • Transportation Plan .Route review
47 _—... i _ .Puts pending -_ _
48 Dysart- 2009.
49 ! Ea le $3,000 000 Co
— -
' —-- ' $1 500 OOD Co
51 --; I 1 .$4,500,000 Co
'
�... —_ Totai DrarnageE [ $2.3oo,000
---I-- - - _ Total Roads t $12,7770,400
- Total ` $15,070 000
- 1
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1
DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF WATERLOO,IOWA
AND
ELK RUN ENERGY ASSOCIATES, LLC
THIS DEVELOPMENT AGREEMENT, made and entered into this 747 day
of May, 2007, by and between the CITY OF WATERLOO, IOWA, a municipal
corporation (hereinafter called "City") established pursuant to the Iowa Code and acting
under the authorization of Iowa Code Chapter 414 (2005), and ELK RUN ENERGY
ASSOCIATES, LLC c/o LS Power Development, LLC, 400 Chesterfield Center, Suite
110, St. Louis, MO 63017, a Delaware limited liability company, its successors and
assigns (hereinafter called"Developer").
WITNESSETH THAT:
WHEREAS, the Developer has secured exclusive options to purchase several
parcels of land in Black Hawk County, Iowa, legally described as set out on Appendix A
(the "Site"), on which Developer plans to construct a modern electric generating facility;
and
WHEREAS, the development of the Site by the Developer is contingent on, inter
alia, the Developer obtaining all necessary Governmental Approvals, securing acceptable
contracts for the sale of electricity from the Project, securing financing for the Project and
procuring the property comprising the Site, which at this time, the Developer cannot
predict when or whether such contingencies will be satisfied; and
WHEREAS, it is the desire of the City and the Developer to set forth herein the
terms and conditions under which each of the parties hereto shall comply with their
respective obligations and commitments as set forth in this Agreement; and
WHEREAS, the City recognizes the significant benefits of the Project to the
City, the Cedar Valley region, and the State of Iowa and desires to ensure that certain
aspects of the Project's development proceed in an orderly manner.
NOW,THEREFORE, in consideration of the mutual covenants contained herein
and other valuable consideration, the receipt and sufficiency of which are hereby
acknowledged,the City and Developer agree as follows:
ARTICLE 1.
DEFINITIONS
1.1 Definitions.
In addition to other definitions set forth in this Agreement, all capitalized terms
used and not otherwise defined herein shall have the following meanings unless a
different meaning clearly appears from the context:
A. Agreement means this Development Agreement and all appendices
hereto,as the same from time to time may be modified,amended,or supplanted.
B. Annexation Resolution means a resolution of the City annexing the
Site or any part thereof into and part of the City.
C. City means the City of Waterloo, Iowa, or any successor to its
functions.
D. Developer means Elk Run Energy Associates, LLC,a Delaware limited
liability company,and its lessees, licensees, successors and assigns.
E. Governmental Approvals shall mean the approval or approvals of the
federal government of the United States, and any state, county, municipal or local
government or regulatory department, body, political subdivision, commission,
instrumentality, agency, ministry, court,judicial or administrative body, taxing authority,
or other authority having jurisdiction over either party or the Project, as applicable.
F. Iowa Code shall mean the Code of Iowa(2005).
G. Preliminary Site Layout shall mean the graphic depiction of
Developer's conceptual development plan for the Site as shown in Appendix B attached
hereto and incorporated herein by this reference. Final site layout will be determined by
Developer.
H. Project shall mean an electric generating plant and ancillary
development to be constructed on the Site.
I. Rezoning Ordinance shall mean an ordinance subjecting all or a
portion of the Site to the "M-2,P Planned Industrial District" zoning regulations of the
City.
J. Site shall mean the land legally described in Appendix A attached
hereto.
ARTICLE 2.
TERM AND TERMINATION
2.1 Term.
This Agreement is a binding obligation of the parties immediately upon the
parties' execution of this Agreement. This agreement shall continue in full force and
effect from the date set forth above until the obligations of the parties set forth herein
have been fulfilled, unless terminated earlier in accordance with the terms and conditions
of this Agreement.
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2.2 Conditions Precedent.
The obligations of the Developer set forth in Article 4 hereof shall not become
binding obligations of the Developer unless and until: (i) the Annexation Resolution and
Rezoning Ordinance have become effective; (ii) the Developer has received all final,
non-appealable permits and approvals including but not limited to, all Governmental
Approvals necessary to construct the Project; and (iii) the Developer has determined, in
Developer's sole discretion, that it will initiate construction of the Project. Developer
shall notify the City in writing upon satisfaction of all conditions set forth in this Section
2.2. If the City has not received said notice or a notice pursuant to Section 2.3 below by
December 31, 2009, then the City may request that the Developer provide a written
notice stating whether the conditions set forth in this Section 2.2 have been satisfied. The
Developer shall respond to such request within thirty(30)days.
2.3 Termination for Convenience by Developer.
The parties understand and agree that the Project is currently under development
and that any number of foreseeable and unforeseeable circumstances, including but not
limited to change in law,permitting, and economic conditions, could cause the Developer
to decide to discontinue development of the Project. Accordingly, the Developer shall
have the right, in its sole discretion and at any time before notice is given pursuant to
Section 2.2 above but not after, to terminate this Agreement without cause for its own
convenience upon the City's receipt of written notice from the Developer. Upon the
City's receipt of the termination notice from Developer, neither party shall have any
further obligations hereunder.
ARTICLE 3.
OBLIGATIONS OF THE CITY
3.1 Annexation Resolution and Rezoning Ordinance Procedure.
The Developer anticipates filing or causing to be filed with the city council of the
City a petition for voluntary annexation pursuant to Iowa Code § 368.7 and an
application for rezoning pursuant to Iowa Code § 414.4 for the applicable portions of the
property encompassing the Site. In accordance with the applicable statutory procedures,
the city council, and such other applicable administrative agencies of the City, shall
review these petitions and determine whether and under what conditions such petitions
should be approved. If the applicable authorities of the City determine that the petition
for voluntary annexation and the application for rezoning should be approved, and
approve the same, the City shall, in accordance with all applicable Iowa law and
regulations: (i) in the case of the Annexation Resolution, either file or cause to be filed
with the City Development Board or the Iowa Secretary of State, as applicable, such
approved Annexation Resolution as required to become effective pursuant to Iowa Code
§ 368.7; and(ii)in the case of the Rezoning Ordinance, publish or cause to be published
such approved Rezoning Ordinance as required to become effective pursuant to Iowa
Code § 380.6; and (iii) take such other actions as are necessary and required pursuant to
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all applicable Iowa law and regulations to effectuate the Annexation Resolution and
Rezoning Ordinance.
3.2 Site Taxation.
In the event that the City annexes and rezones the Site or any part thereof prior to
Developer acquiring the property comprising the Site,the City shall,notwithstanding said
annexation and rezoning of the Site or any part thereof to M-2,P Planned Industrial
District, provide exemptions from taxation to the property owners within said Site so that
the property owners pay tax in an amount equivalent to the tax payment on said property
had it not been annexed into the City and rezoned, until: (i) the Developer acquires the
property comprising the Site; or(ii) the Site,or portions thereof, is severed from the City
in accordance with Section 3.3 hereof. The foregoing covenant of the City is hereby
expressly made subject to the limitations set forth in Iowa Code § 368.7(5). In the event
that one or more property owners elects not be severed from the City in accordance with
Section 3.3 hereof, the City shall have the right, on and after the date in which such
property owner or owners make such election, to impose a tax rate on such property
owner or owners that is consistent with each such property owner's actual use of its
respective property.
3.3 Voluntary Severance.
The parties acknowledge that there are a number of circumstances that could arise
in the future that could cause the Developer to abandon or terminate the Project. The
parties further acknowledge that abandonment or termination of the Project by the
Developer may occur after the City has annexed and rezoned the Site or any part thereof
in accordance with this Agreement. If the Project is abandoned or terminated after the
City has annexed and rezoned the Site or any part thereof, it is the intent of the parties
that the City will undertake proceedings to voluntarily sever same from the City in
accordance with applicable law. However, the parties also acknowledge that, regardless
of any change in circumstances, the City cannot obligate any future city council to act in
a prescribed manner in the exercise of its sovereign powers. In light of the foregoing, in
the event that the Developer: (i) affirmatively abandons the Project by providing written
notice of the same to the City, or (ii) has not initiated construction of the Project on or
before December 31, 2010, or other date as mutually agreed by and between the City and
Developer by amendment to this Agreement, the City shall deem the Project abandoned
or terminated, and shall as soon as practicable thereafter, in accordance with Iowa Code
Section 368.8 and subject to city council approval at that time, take such actions as are
required to voluntarily sever from the City: (y) the Site or such portions of the Site for
which consent from landowners is received, and (z) any other property the City annexed
in contemplation of the Project, provided the owners of such other property consent to
such severance as required by Iowa Code Section 368.8.
3.4 Annexation Moratorium.
The City acknowledges that there are certain property owners with property
adjacent to or near the Site that do not wish to be annexed into the City and have
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requested assurance from the City that the City will not take action to annex such
property. The City represents that it does not intend to take such action to annex any of
the property set forth in Appendix C unless and until an applicable property owner
agrees to allow its respective property to be annexed by the City at such property owner's
sole discretion. However, the parties acknowledge that the City cannot obligate any
future city council to refrain from the exercise of its sovereign powers.
3.5 Reclaimed Water Supply Agreement.
Immediately upon execution of this Agreement, the City and the Developer shall
in good faith begin negotiating the terms and conditions of a definitive Reclaimed Water
Supply Agreement. The definitive Reclaimed Water Supply Agreement shall include
provisions requiring the City to provide to Developer, for a reasonable fee to be
negotiated by the parties, effluent from the City's wastewater treatment plant for use by
the Project, as well as access to rights-of-way to extend existing utility pipelines and
construct new utility pipelines as required by the Developer for the benefit of the Project,
whereby such pipelines may include, but are not limited to, reclaimed water supply,
cooling water discharge, sanitary sewer, potable water supply, and waste methane gas
supply. The obligations to provide and pay for water under the Reclaimed Water Supply
Agreement shall be based solely on the Developer's scheduled need for reclaimed water
supply for the Project and such obligations shall not be triggered unless and until such
need is determined by Developer.
3.6 Rights-of-Way Access.
The City hereby agrees to provide to Developer access via license or other
instrument to the City's rights-of-way for the purpose of installing or having installed
water supply, discharge or other utilities necessary to support operation of the Project,
provided the use of such rights-of-way by the Developer does not impair the City's
current use of such rights-of-way and complies with all existing City rules and
regulations and requirements. The parties acknowledge: (i)that there may be fees that the
City assesses to third parties to access and occupy the City's rights-of-way; (ii) any fees
the City assesses to Developer to access the City's rights-of-way shall be reasonable,
commensurate with the access provided to the City's rights-of-way and Developer's
occupancy of same; (iii) the fees to access and occupy the City's rights-of-way have yet
to be negotiated by the parties. For purposes of this Agreement and the Reclaimed Water
Supply Agreement, such rights-of-way include property owned in fee simple by the City,
including property adjacent to the Cedar River which may be suitable for construction of
a wastewater discharge outfall location.
3.7 Waste Methane Gas Agreement.
The City has entered into a Gas Rights Purchase and Operation Agreement, dated
May 1, 2006, with Planergy Capital, LLC ("Gas Rights Agreement"). Upon termination
of the Gas Rights Agreement, the City shall notify the Developer and provide to
Developer a first right of refusal to the waste methane gas made available as a result of
the termination of the Gas Rights Agreement. The right of first refusal must be exercised
5
by the Developer within ninety (90) days of written notice with terms to be negotiated
thereafter between the parties.
3.8 Sewer and Water Services.
The City agrees to permit Developer to extend sanitary sewer services and water
services to the Site in accordance with terms and conditions mutually agreeable to the
parties, including satisfactory terms for the payment of all costs by Developer. The terms
and conditions of any agreement concerning water services must be negotiated between
Developer and Waterloo Water Works.
3.9 Road Improvements.
The Developer has made certain pledges in Article 4 herein regarding the funding
of road improvements on Newell Street. The City shall apply for and use good faith
efforts to obtain a RISE grant with the State of Iowa to assist with such road
improvements. The City shall reduce the Developer's financial obligation pursuant to
Article 4.4 by the amount of the RISE funds ultimately received by the City to perform
the Road Upgrade (as such term is defined in Article 4.4 below), and if applicable, City
shall reimburse the Developer for any sums already advanced to the City for the Road
Upgrade that are offset by the RISE funds received by the City.
ARTICLE 4.
OBLIGATIONS OF THE DEVELOPER
4.1 Beneficial Use of Waste Methane.
In the event City notifies Developer of available waste methane gas per Section
3.7 above, and subject to the conditions precedent set forth in Section 2.2 above,
Developer agrees to explore in good faith the potential incorporation of waste methane as
a supplemental fuel source for the Project, and if deemed viable in Developer's sole
discretion, to enter into negotiations on a Waste Gas Purchase Agreement with City.
Incorporation of waste methane as part of the Project shall be determined based on
Developer's sole discretion.
4.2 Renewable Fuels.
Subject to the conditions precedent set forth in Section 2.2 above, Developer
plans to incorporate the capability to burn biomass fuels in the power generation facility
as a supplement to low sulfur coal. Developer shall investigate in good faith the technical
and economic feasibility of incorporating the use of biomass as a supplemental fuel
source for the Project and to identify economically viable sources of biomass fuels.
Incorporation of biomass fuels as part of the Project shall be determined based on
Developer's sole discretion.
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1 �
4.3 Development of Excess Land.
Subject to the conditions precedent set forth in Section 2.2 above, Developer shall
endeavor in good faith to incorporate agriculture, green space, conservation best
management practices and recreational opportunities on the portions of the Site not
developed as part of the power generation facility. Developer shall coordinate such
efforts with applicable local, state and federal agencies including, but not limited to, the
U.S. Department of Agriculture, the Iowa Department of Natural Resources, the City's
Department of Leisure Services, and the Black Hawk County Soil and Water
Conservation District. Potential uses of the undeveloped land may include, but not be
limited to, buffer area, green space, agricultural production, recreation, park lands,
wetlands restoration, prairie restoration, and demonstration of urban and rural best
management practices. For illustrative purposes, a conceptual site layout showing the
power generation facility and potential uses for the undeveloped land is provided in
Appendix B. The final determination regarding incorporation of any such potential uses
for the undeveloped portion of the Site shall be determ..mneld at t P Cole discretion of
Developer but shall include at least one and potentially more of the above potential uses.
4.4 Road Improvements.
Once the conditions precedent set forth in Section 2.2 hereof have been fully
satisfied, Developer shall provide funding to the City for purposes of upgrading that
portion of Newell Street between Elk Run Road and Raymond Road (hereinafter "Road
Upgrade")or construct the Road Upgrade itself. The parties agree that the Road Upgrade
will consist of a two-lane rural section road with ten-foot shoulders. Developer's
agreement to fund the actual costs and expenses for the Road Upgrade is contingent on
the Developer being provided with the right and reasonable opportunity to participate in
the design of the Road Upgrade, including the right to review and approve technical
specifications prepared for bidding on the Road Upgrade, and the right to review any
contract offer received by the City for work associated with the Road Upgrade In
addition, Developer retains the right to review and approve any requested variations or
change orders related to the Road Upgrade. Notwithstanding anything to the contrary in
this Section 4.4, Developer maintains the right at its sole discretion to design and/or
construct, to the City's minimum standard specifications, all of the Road Upgrade.
Whether performed by the City or Developer, the construction of the Road Upgrade will
be performed according to a schedule to be mutually agreed between Developer and the
City. In the event the Developer elects not to design and/or construct the Road Upgrade,
Developer shall pay to the City the sum of $500,000 before the commencement of
construction of the Road Upgrade and the remainder thereof as invoiced by the City upon
its incurring additional expenses related to the Road Upgrade. Recognizing that a portion
of the Road Upgrade will be outside the corporate limits of the City, the City shall be the
lead governmental agency for all improvements to be made to Newell Street, whether
done within or outside of the City limits, and shall have primary responsibility for
planning and implementation of the road improvement project. Such responsibility
includes the acquisition of rights-of-way whether the Road Upgrade is performed by the
City or Developer. The City anticipates entering into an agreement with Black Hawk
County to formalize the verbal commitment already given for the City to function in this
7
manner. The Developer agrees to cooperate with the City and Black Hawk County as it
pertains to the handling and disbursement of road improvement funds and to the
performance of other administrative matters relating to the road project.
4.5 Recreational Trail.
Subject to the conditions precedent set forth in Section 2.2 above, and no later
than twelve (12) months following the full satisfaction of the conditions precedent set
forth in Section 2.2, Developer shall provide to the City a one time grant of$150,000.00
for recreational improvements as selected by the City in that portion of the City located
north and east of the Cedar River. Such recreational improvements may include, in the
City's sole discretion, one or more of the following: (i) construction, operation, and
maintenance of a recreational trail suitable for pedestrian and bicycle use on certain
portions of the Site acceptable to Developer, subject to conveyance of required property
rights to the City, or(ii) extension of the City's existing recreational trail to a connection
point with any recreational trail constructed by the Developer upon the Site, or (iii) other
improvement(s)selected by the City that are not on the Site.
4.6 East Side Revitalization.
Subject to the conditions precedent set forth in Section 2.2 above, Developer will
grant a total of $400,000, payable in annual installments of $100,000 over four years
beginning in the year that full satisfaction of the conditions precedent set forth in Section
2.2 above has occurred, to the Highway 63 Gateway Community Development
Corporation ("Gateway CDC") to assist with operational costs and grant matching to
ignite revitalization and redevelopment opportunities in the neighborhoods surrounding
the US Highway 63 corridor on the east side of Waterloo. Developer understands that the
intent of the Gateway CDC is to provide technical and management resources to assist
the City to combat community deterioration and blight through community
redevelopment efforts designated to assist in the creation of housing, small business and
employment opportunities,to revitalize the east side of Waterloo. Within one (1) year of
each installment paid by Developer, the Gateway CDC shall provide an annual report to
Developer along with an invoice for the subsequent year's installment. Such annual
report should demonstrate, at the sole determination of the Developer, that tangible
progress has been made toward the stated goals of the Gateway CDC (see Appendix D),
and that further progress is anticipated in the years to come. In the event the Developer
determines that tangible progress has not been made, the remaining installments may be
cancelled in Developer's sole discretion. This Section 4.6 is included in the Agreement
for reference only and is not enforceable as between the City and Developer. For
purposes of this Section 4.6, Gateway CDC shall be deemed a third-party beneficiary
solely for purposes of enforcing Section 4.6 of this Agreement. The City shall not
enforce any provision of this Section 4.6.
4.7 Technical Scholarship Fund.
Subject to the conditions precedent set forth in Section 2.2 above, Developer
desires to establish, with the assistance of the City, an educational scholarship fund to
8
assist with post-secondary educational funding for students who reside in Black Hawk
County. Developer will contribute a total of$100,000 over four years to establish the
fund. Contributions shall be made in four annual installments of$25,000 each beginning
in the year that satisfaction of the conditions precedent set forth in Section 2.2 hereof has
occurred. Prior to payment of the first installment, Developer shall enter into a
Scholarship Fund Agreement with the Community Foundation of Waterloo/Cedar Falls
and Northeast Iowa (the "Community Foundation") to establish the criteria for initiating
and managing the fund. Said agreement shall designate the Community Foundation, or
such other entity mutually designated by the City and Developer in the event that the
Community Foundation declines, as the recipient of the Developer's contributions and as
administrator of the scholarship fund. The fund shall encourage technical education
including engineering, physical sciences, and vocational trades. For purposes of this
Section 4.7, the Community Foundation shall be deemed a third-party beneficiary solely
for purposes of enforcing Section 4.7 of this Agreement after execution of the
Scholarship Fund Agreement. The City shall not enforce any provision of this Section
4.7 after execution of the Scholarship Fund Agreement.
.
4.8 Transportation Study.
Developer has retained an independent expert consultant to perform a study(the
"Transportation Study")evaluating the potential impacts of the Project on the local
transportation system including railway and roadway traffic. Subject to the conditions
precedent set forth in Section 2.2 above,Developer agrees to use commercially
reasonable efforts to employ all of the recommended mitigation measures identified in
the Transportation Study with the intent of minimizing adverse impacts to the local
community. In the event one or more of the mitigation measures are deemed
commercially unreasonable or if the assumptions or circumstances upon which the
mitigation measures were recommended have materially changed, Developer will seek to
identify and implement,in consultation with the City,alternative mitigation measures
which are useful for minimizing potential impacts and which are reasonably practicable
to implement.
ARTICLE 5.
REMEDIES
5.1 In General.
Except as otherwise specifically provided in this Agreement, in the event of a
default by either party under this Agreement, the aggrieved party may, by written Notice
of Default to the party in default, demand that it proceed immediately to cure or remedy
such default, and in any event,complete such cure or remedy within ninety (90)days after
receipt of such notice.
In the event that Notice of Default is given as provided above and action to cure
or remedy the default is not promptly taken or not diligently pursued, or the default is not
cured or remedied within the time allowed,then the party in default may be declared to be
in breach of this Agreement by the aggrieved party.
9
In the event of a breach of this Agreement, in addition to such other rights as the
aggrieved party may have hereunder, the aggrieved party may institute such proceedings
as may be necessary or desirable in its opinion to cure and remedy such default or breach,
including, but not limited to, proceedings to compel specific performance by the party in
breach of its obligations.
5.2 Other Rights and Remedies,No Waiver by Delay.
City and Developer shall have the right to institute such actions or proceedings, as
each may deem desirable for effectuating the purposes of this Article. Provided,that any
delay by City or Developer in instituting or prosecuting any such actions or proceedings
or otherwise asserting its rights shall not operate as a waiver of such rights or to deprive
either City or Developer of or limit such rights in any way; it being the intent of this
provision that City and Developer should not be constrained to exercise such remedies at
a time when such party may still hope otherwise to resolve the problems created by the
default involved so as to avoid the risk of being deprived of or limited in the exercise of
such remedies because of concepts of waiver, laches, or otherwise. No waiver in fact
made by City or Developer with respect to any specific default by the other party shall be
considered or treated as a waiver of the rights of City or Developer with respect to any
other defaults by the other party or with respect to the particular default, as the case may
be, except to the extent specifically waived in writing by City or Developer.
5.3 Rights and Remedies Cumulative.
The rights and remedies of the parties to this Agreement, whether provided by law
or by this Agreement, shall be cumulative, and the exercise by either party of any one or
more of such remedies shall not preclude the exercise by it,at the same or different times,
of any other such remedies for the same default or breach or of any of its remedies for
any default or breach by the other party. No waiver made by either party shall be deemed
a waiver in any respect in regard to any other rights of the party making the waiver or of
any other obligations of the other party.
ARTICLE 6.
MISCELLANEOUS
6.1 Representatives Not Individually Liable.
No member, official, employee, or agent of City shall be personally liable to
Developer in the event of any default or breach by City or for any amount that may
become due to Developer or for any obligations under the terms of this Agreement.
No member, manager, employee, or agent of Developer shall be personally liable
to City in the event of any default or breach by Developer or for any amount that may
become due to the City or for any obligations of Developer under the terms of this
Agreement.
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Notwithstanding anything contained in this Agreement to the contrary, the person
or persons executing this Agreement on behalf of either party shall incur no personal
liability with respect to either party's performance hereunder.
6.2 No Third Party Beneficiaries.
Except as explicitly stated otherwise in this Agreement, this Agreement does not
create or vest in any person or organization other than the City, the Developer, and their
successors and assigns, any rights or cause of action with respect to any performance,
obligation,plan, schedule or undertaking stated in this Agreement.
6.3 Representations and Warranties of City.
City represents and warrants that the following are true, legal and correct:
A. The City is a municipal corporation organized and existing under the laws
of the State of Iowa and possesses all requisite power and authority to enter into and
perform this Agreement and to carry out the obligations contemplated herein.
B. This Agreement has been duly executed and delivered on behalf of the
City and constitutes the legal, valid and binding obligation of the City except as the
enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or
other similar laws affecting the enforcement of creditor's rights generally and general
equitable principles.
C. The execution and delivery of this Agreement and its performance by the City
will not violate, result in a breach of or conflict with any law, rule, regulation, order or
decree applicable to it, its organizational documents or the terms of any other agreement
binding on it.
6.4 Representations and Warranties of the Developer.
Developer represents and warrants that the following are true, legal and correct:
A. The Developer is an entity validly existing and in good standing under the
laws of the jurisdiction in which it is organized, and that it is qualified to do business in
all jurisdictions where failure to qualify would materially interfere with its ability to
perform its obligations under this Agreement and that it possesses all requisite power and
authority to enter into and perform this Agreement and to carry out the obligations
contemplated herein.
B. This Agreement has been duly executed and delivered on behalf of the
Developer and constitutes the legal, valid and binding obligation of the Developer except
as the enforceability may be limited by bankruptcy, insolvency, reorganization,
moratorium or other similar laws affecting the enforcement of creditor's rights generally
and general equitable principles.
it
C. The execution and delivery of this Agreement and its performance by the
Developer will not violate,result in a breach of or conflict with any law, rule, regulation,
order or decree applicable to it, its organizational documents or the terms of any other
agreement binding on it.
6.5 City Not a Guarantor, Surety or Partner.
City is not a guarantor or surety for the completion of the Site improvements nor
for any indebtedness incurred by Developer. It is mutually understood that nothing in
this Agreement is intended or shall be construed as in any way creating or establishing
the relationship of copartners between the parties hereto,or as constituting Developer as a
contractor,agent or representative of City for any purpose of in any manner whatsoever.
6.6 Reserved.
6.7 Titles of Articles and Sections.
Titles of the several sections, subsections, and paragraphs of this Agreement are
inserted for convenience of reference only and shall be disregarded in construing or
interpreting any of the provisions of this Agreement.
6.8 Assignment.
Developer shall have the right to assign this Agreement or any of Developer's
rights and obligations hereunder at any time without the consent of the City; and from the
date of such assignment, the term Developer as used herein shall mean and include such
assignee. Developer shall promptly notify the City of any assignment and the name of
the assignee.
6.9 Agreement Binding on Successors in Interest.
This Agreement shall inure to the benefit of and shall be binding upon successors
and assigns of the parties.
6.10 Extensions for Non-Working Days.
In the event the last date for performing any act required by this Agreement falls
upon a weekend day or holiday, then the time for performing such act shall be extended
to the next following working day.
6.11 Notices.
A notice, demand, or other communication under this Agreement by either party
to the other shall be sufficiently given or delivered if it is dispatched by registered or
certified mail, postage prepaid, return receipt requested; delivered personally; or sent by
overnight courier service,as follows:
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In the case of Developer, addressed to:
Elk Run Energy Associates, LLC
Attention: Project Manager
400 Chesterfield Center
Suite 110
St. Louis,MO 63017
In the case of City, addressed to:
City of Waterloo
Attention: City Clerk
City Hall, 715 Mulberry Street
Waterloo,Iowa 50703
With a copy to:
City of Waterloo
Attention: City Attorney
715 Mulberry Street
Waterloo,Iowa 50703
or to such other address as either may, from time to time, designate in writing and
forward to the other as provided in this Article.
6.12 Counterparts.
This Agreement may be executed in two (2) counterparts, each of which shall
constitute one and the same instrument. A copy of this Agreement, including all the
Appendices shall be maintained in the office of the City Clerk of City.
6.13 Severability.
If any provision of this Agreement shall be determined to be unenforceable,void
or otherwise contrary to any requirement of law, such condition shall in no manner
operate to render any other provision of this Agreement unenforceable, void or contrary
to any requirement of law, and this Agreement shall continue in force in accordance with
the remaining terms and provisions hereof.
6.14 Amendment.
Any amendment of this Agreement must be in writing and signed by proper
representatives of both the City and the Developer.
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IN WITNESS WHEREOF, the City has caused this Agreement to be duly
executed in its name and behalf by its Mayor and its seal to be hereunto duly affixed and
attested by its City Clerk, and the Developer has caused this Agreement to be duly
executed in its name and behalf on or as of the day first above written.
CITY OF WATERLOO,IOWA,
an Iowa municipal corporation
By:
Timothy J. ty, ayor
Nancy cke ity Clerk
STATE OF IOWA,BLACK HAWK COUNTY, ss:
This instrument was acknowledged before me on the dayof May, 2007,
g Y by
Timothy J. Hurley and Nancy Eckert, as Mayor and City Clerk, respectively, of the City
of Waterloo, Iowa on behalf of whom this instrument as executed.
i _
N tart'Pub is in and for the
State of Iowa
14
•
ELK RUN ENERGY
ASSOCIATES,LLC,a Delaware
limited liability company
By:
aul G. Th ssen
Vice President
STATE OF nil;sSo.i c CJ_ Ltd _C COUNTY, ss:
This instrument was acknowledged before me on the 4.9tk day of
Of\,c�- , 2007 by Paul G. Thessen, Vice President of Elk Run Energy Associates,
LLC on tcehalf of whom this instrument was executed.
/61 Y\
Notary Public in and for said State
JOiANN R.BONA
Notary Public-Notary Seal
Slate of Miaouif.SI Lois County
Commission#F 0445E750
My Commission Expires Nov 8.400E
15
APPENDIX A
LEGAL DESCRIPTION OF THE SITE
The following described real property located in Black Hawk County, Iowa:
Owner: Arthur Kass
Parcel I D: 8912-14-401-001
Legal Description: NW SE SEC 14 T 89 R 12
Parcel ID: 8912-14-451-001
Legal Description: SW SE SEC 14 T 89 R 12 EXC S 313 FT W 241 FT E 858 FT&
EXC HWY
Owner(s): Douglas Miller and Debra Miller
Parcel ID: 8912-15-476-003
Legal Description: THAT PART SE SE SEC 15 T 89 R 12 DESC AS FOL: COM AT SE
COR SAID SE SE TH W 699.68 FT ALONG S LINE SAID SE SE TO PT OF BEG TH
CONT W 523.27 FT ALONG SAID S LINE TH N 415.88 FT THE 313.55 FT TH S 01
DEG 49 MIN 44 SEC W 93.97 FT THE 211.91 FT TH S 316.59 FT TO PT OF BEG
EXC RD R-O-W
Owner(s): L K R Farms,Inc.
Parcel ID: 8912-14-426-006
Legal Description:NE SE EXC N 547.4 FT SEC 14 T 89 R 12
Parcel ID: 8912-14-476-001
Legal Description: SE SE EXC S 844.4 FT& EXC N 320 FT OF S 1164.4 FT OF E 325
FT& EXC HWY SEC 14T89R12
Parcel ID: 8912-14-251-002
Legal Description: SW NE SEC 14 T 89 R 12 EXC N 540 FT OF E 665 FT OF W 855
FT& EASE
Parcel ID: 8912-14-276-007
Legal Description: SE NE EXC E 455 FT N 1094 FT SEC 14 T 89 R 12 EXC HWY
Parcel ID: 8912-14-276-009
Legal Description: S 958 FT OF N 1094 FT OF E 455 FT OF SE NE SEC 14 T 89 R 12
EXC THAT PART DESC AS FOL S 335 FT N 695 FT E 455 FT SE NE SAID SEC 14
Owner(s): Marvena Ryan
Parcel ID: 8912-14-326-001
Legal Description: NE SW SEC 14 T 89 R 12
Parcel ID: 8912-14-376-002
Legal Description: SE SW SEC 14 T 89 R 12 EXC COM AT PT 33 FT N OF SE COR
SW SEC 14 TO PT OF BEG TH 310 FT N TH 532 FT W TH 310 FT S TH 532 FT E
TO PT OF BEG
Owner(s): Merle Bell
Parcel ID: 8912-14-176-001
Legal Description: SE NW EXC RR SEC 14 T 89 R 12
Owner(s): Marlene Pearl Miller,Darrel Oldenburger and Jeanne Mae Oldenburger
Parcel ID: 8912-15-476-002
Legal Description: SE SE SEC 15 T 89 R 12 EXC N 17 FT OF THE S 50 FT OF THE W
300 FT SEE BK 493 P 631 AND EXC RD AND EXC THAT PART DESC AS FOL:
COM AT SE COR SAID SE SE TH W 699.98 FT ALONG S LINE SAID SE SE TO PT
OF BEG TH CONT W 523.27 FT ALONG SAID S LINE TH N 415.88 FT THE 313.55
FT TH S 01 DEG 49 MIN 44 SEC W 93.97 FT THE 211.91 FT TH S 316.59 FT TO PT
OF BEG AND EXC RD R-O-W
Parcel ID: 8 912-15-426-001
Legal Description:NE SE EXC RR SEC 15 T 89 R 12
Parcel ID: 8912-14-351-001
Legal Description: SW SW SEC 14 T 89 R 12
Parcel ID: 8912-14-301-001
Legal Description:NW SW SEC 14 T 89 R 12
Parcel ID: 8912-14-151-001
Legal Description: SW NW EXC RR SEC 14 T 89 R 12
2
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APPENDIX C
LEGAL DESCRIPTION OF PROPERTIES SUBJECT TO ANNEXATION
MORATORIUM
Owner: Carver,Deanna
Parcel ID: 8912-14-451-002
Legal Description: S 313 FT W 241 FT E 858 FT SW
Owner: Milota,Thomas C.
Parcel ID: 8912-15-451-002
Legal Description: E 170 FT W 602 FT SW SE SEC 15
Owner: Morgan,Phyllis Joan
Parcel ID: 8912-15-401-005
Legal Description:NW SE SEC 15 T 89 R 12
Parcel ID: 8912-15-451-004
Legal Description: W 235 FT OF THAT PART SW '/4
Parcel ID: 8912-15-451-005
Legal Description: SW SE SEC 15 T 89 R 12 EXC W
Parcel ID: 8912-15-45 1-006
Legal Description: E 197 FT OF W 432 FT SW SE SEC
Parcel ID: 8912-15-451-007
Legal Description: COM AT PT 602 FT E SW COR SE
Owner: Oberhauser,Michael
Parcel ID: 8912-14-376-003
Legal Description: PART SE SW SEC 14 T 89 R 12
I
APPENDIX D
HIGHWAY 63 GATEWAY CDC
EAST SIDE DEVELOPMENT GOALS
The Highway 63 Gateway Community Development Corporation(CDC)has been created to
guide the revitalization and redevelopment initiatives in the neighborhoods surrounding the US
Highway 63 corridor. The primary purpose of the CDC is to plan,coordinate,and implement
public and private redevelopment efforts within neighborhoods,generally on the east side of
Waterloo. The CDC and a neighborhood economic develop group will provide technical and
management resources to assist the City of Waterloo to combat community deterioration and
blight through community redevelopment efforts. Specific redevelopment initiatives include the
development of housing,entrepreneur support,workforce development,transportation
improvements,and the acquisition of commercial and residential properties for future
development consistent with community development plans.
The CDC is currently focusing on priority catalytic projects including:
• Assessing pedestrian circulation patterns and coordinating with City and State officials
• Strategic planning with the school district to increase attendance within school boundary
districts
• Planning for the reuse of the contaminated Chamberlain site(former munitions
manufacturing)and negotiating with the responsible party
• Assessing senior housing needs in the neighborhood
• Assembling property for a senior housing development
• Encouraging local employers to participate in an employer assisted housing program
• Seeking developers for infill housing development and/or neighborhood housing
development
• Pursuing retail development for underserved neighborhoods on the east side of Waterloo
• Facilitating the cleanup and revitalization of old industrial areas such as the Rath and
CMC Brownfield sites
• Creating partnerships that result in neighborhood residents getting the necessary training
and education to qualify for the new jobs that are being created
• Recruitment and/or creation of additional small businesses and services to the area
In order to continue to pursue these objectives aimed at increasing the economic vitality of
Waterloo's east side,the Highway 63 Gateway CDC will use the grant from Elk Run Energy to
support the important initiatives outlined above for both operations and to provide matching
funds for additional grant applications. The CDC plans to apply for targeted grants to help fund
community and economic development project costs, including property assembly and capital
costs.
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