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HomeMy WebLinkAboutCouncil Packet - 08/07/2017THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAR OLD E. GETTY COUNCIL CHAMBERS Monday, August 7, 2017 5:30 PM CITY OF WATERLOO GOALS 1. Support the creation of new, livable wage jobs through a balanced economic development approach of assisting existing businesses, fostering start-ups, attracting new employers and cultivating an adequate workforce. 2. Implement a Community Policing strategy that creates a safe environment in Waterloo. 3. Reduce the City's property tax levies through a responsible balance of cost reduction in City operations and increases in taxable property valuations to ensure that Waterloo is a competitive, affordable, and livable city. 4. Enhance the image of Waterloo and the City to residents and businesses inside and outside of the community. General Rules for Public Participation 1. At the chair/presider's discretion, you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation (if appropriate) and speak clearly into the microphone. 2. You may speak one (1) time per item for a maximum of five (5) minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Clerk's office you may speak one (1) time per item for a maximum of three (3) minutes. 3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow everyone who wishes to address the council, using the same participation guidelines found in these "general rules". 4. Although not required by city code of ordinances, oral presentations may be allowed at the chair/presider's (usually the Mayor or Mayor Pro Tem) discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. You may speak one (1) time for a maximum of five (5) minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Clerk's office a speaker may speak to one (1) issue per meeting for a maximum of three (3) minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 5. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 7. Citizens are encouraged to register with the Clerk's Office by 4:00 p.m. on Monday of the day of the City Council meeting to appear before the City Council (may also register by phone). Registered speakers will be given first priority. Page 1 of 300 Roll Call. Prayer or Moment of Silence Justin Kane, Grace Lutheran Church Pledge of Allegiance Noel Anderson, Community Planning & Development Director Agenda, as proposed or amended. Minutes of July 24, 2017, Regular Session, as proposed. Proclamation declaring August 13 - 19, 2017, as National Health Center Week ORAL PRESENTATIONS Iowa Code Chapter 21 gives the public the right to attend council meetings but it does not require cities to allow public participation except during public hearings. The City of Waterloo encourages the public to participate during the Oral Presentations by following the rules listed on the front of the agenda. Mayor and Council Monthly Reports 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) A. Resolution to approve the following: 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Resolution approving request to hold MDA Boot Block on August 18, August 25 and September 1, 2017 from 3:00 p.m. to 6:00 p.m., at the intersections of Franklin & E. 3rd Streets, Ansborough & Downing Avenues, LaPorte Road and San Marnan Drive, and Kimball & Ridgeway Avenues. Submitted By: Pat Treloar, Fire Chief 3. Request from Friendship Village to hold the Race To Remember 5K event starting at 9:00 a.m., August 19, 2017, on and around the Friendship Village Campus, sidewalks and side streets, with barricades on Southbrooke Drive, Rudi Place, Saratoga Drive, Crestline Avenue, Fairlane Avenue, Park Lane and Friendship Lane. Submitted By: Joe Leibold, Captain of Police Services 4. Resolution approving request of the Build Our Ballpark Foundation in cooperation with the Cedar Valley SportsPlex to hold its annual Kids Race and 5K fundraiser Page 2 of 300 on August 12, 2017 from 8:00 a.m. to 10:00 a.m., commencing at the Cedar Valley SportsPlex and concluding at the intersection of Westfield Avenue and Highway 63, and approving barricades and traffic control. Submitted By: Joe Leibold, Captain of Police Services 5. Request of Antioch Baptist Church for a variance to the Noise Ordinance on August 18, 2017 from 5:30 p.m. to 9:00 p.m. in conjunction with a Back to School Block Party event, to be held at Antioch Baptist Church, 426 Sumner Street, including use of a PA system. Submitted By: Joe Leibold, Captain of Police Services 6. Request of Cedar Valley Pridefest, Inc. for a variance to the Noise Ordinance and permission to close the 300 and 400 block of W. 4th Street and the 500 and 600 block of lower Washington Street, on from 4:00 a.m. on August 26 through 5:00 a.m. on August 27, 2017 and alleys with 4th Street access from 7:00 a.m. on August 26 through to 5:00 p.m. on August 29, 2017, in conjunction with Cedar Valley Pridefest 2017 event, including use of a PA system. Submitted By: Joe Leibold, Captain of Police Services 7. Request from Velma Sallis for a waiver for a concrete driveway located at 703 Cottage Street and authorizing the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Submitted By: Eric Thorson, PE, City Engineer 8. Request from Denise Thede for a waiver for a concrete driveway located at 205 Maryland Avenue and authorizing the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Submitted By: Eric Thorson, PE, City Engineer 9. Request from Bob Lichty for a waiver for a concrete driveway located at 850 Prospect Boulevard with the elimination of the sidewalk section due to the inability to meet grade requirements. Submitted By: Eric Thorson, PE, City Engineer 10. Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as August 24, 2017 and date of public hearing as August 28, 2017 for the FY 2018 Sidewalk Repair Assessment Program - Zone 7, Contract No. 931, and instruct City Clerk to publish notice. Submitted By: Wayne Castle, PLS, PE, Associate Engineer 11. Resolution approving preliminary specifications, form of contract, etc. and setting date of bid opening as of August 17, 2017 and date of public hearing as of August 21, 2017, for the recycling processing facility to support the City of Waterloo's curbside recycling program, and instruct City Clerk to publish notice. Submitted By: Sandie Greco, Interim Public Works Director 12. Resolution approving proposed specifications, form of contract, etc. and setting date of bid opening as August 17, 2017 and date of public hearing as August 21, 2017 for solid waste and recycling containers to support the City of Waterloo's recycling and various clean-up programs, and instruct City Clerk to publish notice. Submitted By: Sandie Greco, Interim Public Works Director 13. Resolution setting date of public hearing as August 21, 2017 to approve the request by Central Property Holdings, LLC to rezone approximately 0.39 acres from "R-3" Multiple Residence District to "C -P" Planned Commercial District located near the intersection of Franklin and East 2nd Streets, and instruct City Page 3 of 300 Clerk to publish notice. Submitted By: Noel Anderson, Community Planning & Development Director 14. Resolution setting date of public hearing as August 21, 2017 to approve a request by Central Property Holdings, LLC for a Site Plan Amendment to the "C -P" Planned Commercial District to allow for the construction of a 26,077 square foot grocery store near the intersection of Franklin and East 2nd Streets, and instruct City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning & Development Director 15. Resolution setting date of public hearing as August 21, 2017 to vacate, sell, and convey a portion of an alley generally located northwesterly of East 2nd Street between Franklin Street and Walnut Street, to Central Property Holdings, LLC in the amount of $1.00, and instruct City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning & Development Director B. Motion to approve the following: 1. TRAVEL REQUESTS a. Investigator Gergen and Officer Erie Class/Meeting: TASER Instructor Re -certification School Destination: Oelwein, IA Dates: 11/3/2017 Amount not to exceed: $480 b. Bob Lentzkow, Combination Inspector Class/Meeting: International Residential Code Residential Building Inspector Exam Destination: Coralville, IA Dates: 8/23/2017 or Amount not to exceed: $199 8/29/2017 c. Investigators Stratton and Hageman Class/Meeting: Advance Crime Scene School Destination: Raymond, IA Dates: 9/18-22/2017 Amount not to exceed: $600 d. Jason Hernandez, Interim Medical Officer and Pat Treloar, Fire Chief Class/Meeting: ESO User Group Meeting Destination: St. Louis, MO Dates: 9/25-27/2017 Amount not to exceed: $855 2. LIQUOR LICENSES a. Applebee's, 2780 Crossroads Blvd. Class: C Liquor Renewal Application Includes Sunday Expiration Date: 6/23/2018 b. BJ's Bar and Billiards, 110 Ida Street Class: C Liquor w/Outdoor Service Renewal Application Includes Sunday Page 4 of 300 Expiration Date: 7/29/2018 c. Brenda's Park Road Inn, 306 Park Road Class: C Liquor w/Outdoor Service New Application Includes Sunday Expiration Date: 7/31/2018 d. Bryan's on 4th, 320 E. 4th Street Class: C Liquor w/Outdoor Service/Catering Renewal Application Includes Sunday Expiration Date: 7/14/2018 e. Casey's Pub & Eatery, 1125 W. Donald Street Class: C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 7/31/2018 f. Kwik Stop 3, 1104 Washington Street Class: B Wine / C Beer / E Liquor Renewal Application Includes Sunday Expiration Date: 7/14/2018 g. Neighborhood Mart, 2100 Lafayette Street Class: B Wine / C Beer / E Liquor Renewal Application Includes Sunday Expiration Date: 7/31/2018 h. New Star, 1459 Ansborough Avenue Class: B Native Wine / C Beer / E Liquor Renewal Application Includes Sunday Expiration Date: 6/2/2018 i. Southtown Lounge, 2026 Bopp Street Class: C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 6/7/2018 3. APPOINTMENTS a. Virginia Wilber Board/Commission: Planning, Programming and Zoning Expiration Date: 8/7/2020 New Appointment 4. Recommendation of appointment of Margaret Howard-Heretakis to the position of Project Specialist for the Community Development Department effective August 8, 2017. Submitted By: Rudy D. Jones, Community Development Director 5. Motion to approve Application for Vehicle for Hire Business License for All Star Taxi, 1038 Riehl Street, Apt. 3, Waterloo. Page 5 of 300 6. Motion to approve Cigarette/Tobacco/Nicotine/Vapor Permit Application for Jim's Food, 437 Sullivan Avenue, Waterloo. 7. Motion to approve Cigarette/Tobacco/Nicotine/Vapor Permit Application for United Mart Inc., dba West Side Liquor, 919 W. 5th Street, Waterloo. 8. Bonds. PUBLIC HEARINGS 2. Request by Cardinal Construction, Inc., for a site plan amendment to the "R - 4,R -P" Planned Residence District and "B -P" Business Park District to allow for the designation of four lots as Office/Medical, located at the southeast corner of Ansborough Avenue and West San Marnan Drive. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close public hearing and receive and file oral and written comments and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file, consider and pass for the first time an Ordinance amendment to Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a Site Plan Amendment to certain property. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt ordinance. Submitted By: Noel Anderson, Community Planning & Development Director 3. Sale and conveyance of city owned property generally located northwest of 1318 Martin Road, in the amount of $1.00, to Cardinal Construction, Inc. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral an written comments. Resolution authorizing sale and conveyance of city owned property generally located northwest of 1318 Martin Road in the amount of $1.00, to Cardinal Construction, Inc., and authorize the Mayor and City Clerk to execute said documents. Resolution approving a Development Agreement with Cardinal Construction, Inc., and authorizing the Mayor and City Clerk to execute said agreement. Submitted By: Noel Anderson, Community Planning & Development Director 4. Sale and conveyance of city owned property generally located located near the CVS Pharmacy at 205 Franklin Street, in the amount of $1.00, to Central Holdings, LLC. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No Comments on file. Motion to close hearing and receive and file oral and written comments. Resolution authorizing sale and conveyance of city owned property generally located near the CVS Pharmacy at 205 Franklin Street, in the amount of $1.00, to Central Holdings, LLC, and authorize Mayor and City Clerk to execute said documents. Resolution approving a Development Agreement with Central Holdings, LLC, and authorize Mayor and City Clerk to execute said agreement. Submitted By: Noel Anderson, Community Planning & Development Director 5. Osage Road and Dubuque Road Traffic Safety Improvements Project - CS - Page 6 of 300 TSF -8155(745)--85-07. Motion to receive and file proof of publication and notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive, file and instruct City Clerk to read bids. Resolution awarding bid to K & W Electric of Cedar Falls, Iowa, in the amount of $185,000, in conjunction with the Osage and Dubuque Road Traffic Safety Improvements Project, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Sandie Greco, Interim Public Works Director 6. Site service for processing curbside recycling. Public hearing cancelled due to lack of bids. Submitted By: Sandie Greco, Interim Public Works Director 7. Solid waste containers and disposal of recycling. Public hearing cancelled due to lack of bids. Submitted By: Sandie Greco, Interim Public Works Director RESOLUTIONS 8. Resolution authorizing purchase of a Full Spectrum Imaging System from Arrowhead Scientific, Inc. of Lenexa, Kansas, in the amount of $62,287.15 with a $30,000 grant from Black Hawk Gaming, and the remaining cost shared between Black Hawk County Attorney, Black Hawk County Sheriff, and Waterloo Police Department. Submitted By: Joe Leibold, Captain of Police Services 9. Resolution approving a lease agreement with C & S Car Company for a 2018 Hyundai Santa Fe, VIN #5XYZUDLB7JG512284, to be used by the School Resource Officers for a six (6) month period at no cost to the City, and authorize Mayor to execute said agreement. Submitted By: Frank Krogh, Captain of Police Services 10. Resolution approving 28E Agreements with Elk Run Heights, Cedar Township, and East Waterloo Township, to provide fire and EMS protection, and authorize the Mayor to execute said documents. Submitted By: Pat Treloar, Fire Chief 11. Resolution approving a Technical Memorandum with AECOM in conjunction with the University Avenue Reconstruction from Midway Drive to US 63 Waterloo, Iowa, Contract No. 933 & 934, and authorize the Mayor and City Clerk to execute said agreement. Submitted By: Jeff Bales, Associate Engineer 12. Resolution approving a Professional Services Agreement between the City of Waterloo and Louis Berger U.S., Inc., for an architectural re -survey of the Walnut Street neighborhood and a National Register of Historic Places (NRNP) historic district Page 7 of 300 nomination for the Walnut Street area, in the amount of $20,750, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning and Development Director 13. Resolution approving a request by the City of Waterloo for the preliminary plat of Brock Second Addition, a one lot industrial subdivision located west of 2010 West Ridgeway Avenue. Submitted By: Noel Anderson, Community Planning and Development Director 14. Resolution approving a variance to the requirements of the Subdivision Ordinance in Section 11-3-2(C) Final Plat Approval, as it relates to the approval of the final plat of Brock Second Addition. Submitted By: Noel Anderson, Community Planning and Development Director 15. Resolution approving a request by the City of Waterloo for the final plat of Brock Second Addition, a one lot industrial subdivision located west of 2010 West Ridgeway Avenue. Submitted By: Noel Anderson, Community Planning and Development Director 16. Resolution supporting the application by Black Hawk Contracting & Development Co. for the Iowa Workforce Housing Tax Incentives Program to construct four new single family homes in Waterloo, located on Madison Street, Monroe Street and Hummingbird Circle, and rescinding Resolution No. 2015-984, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning & Development Director 17. Resolution supporting the application by Black Hawk Contracting & Development Co. for the Iowa Workforce Housing Tax Incentives Program to construct four new single family homes in Waterloo, located on Vermont Street and Hummingbird Circle, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning & Development Director 18. Resolution approving Business Property Lease Agreement between Christian Community Development and the City of Waterloo for 222 Walnut Street in the amount of $1.00, to allow for use by residents while new facility is being renovated, and authorize Mayor and City Clerk to execute all necessary documents. Submitted By: Noel Anderson, Community Planning & Development Director 19. Resolution approving Real Estate Purchase Agreement between Christian Community Development and the City of Waterloo for 222 Walnut Street, in the amount of $354,000, to allow for redevelopment of the area, and authorize Mayor and City Clerk to execute all necessary documents. Submitted By: Noel Anderson, Community Planning & Development Director ORDINANCES 20. Amendment to Traffic Code Section 549; Loading Zones; Subsection (20a) Sixth Street (E). Motion to receive, file, consider and pass for the first time an ordinance amending the Page 8 of 300 2008 Traffic Code by adding Subsection (20a) East side in the 400 block of Sixth Street (E), to Section 549, Loading Zones. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted By: Sandie Greco, Interim Public Works Director 21. Enacting a new Title 6, Motor Vehicles and Traffic, Chapter 1 Traffic Code. Motion to receive, file, consider and pass for the third time and adopt an ordinance amending the 2007 City of Waterloo Code of Ordinances by enacting a new Title 6, Motor Vehicles and Traffic, Chapter 1 Traffic Code by adding Section 4; Automated Traffic Enforcement. Submitted By: Daniel J. Trelka, Chief of Police OTHER COUNCIL BUSINESS 22. Resolution approving a Customer Agreement with Gatso USA, Inc. of Beverly, Massachusetts, for a fee of $36.00 per paid citation for ATE (Automated Traffic Enforcement) services to the City of Waterloo, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Daniel J. Trelka, Chief of Police 23. Resolution approving ATE (Automated Traffic Enforcement) fine schedule for speeding and red light violations. Submitted By: Daniel J. Trelka, Chief of Police 24. FY 2018 Sidewalk Repair Assessment Program - Zone 7, Contract No. 931. Resolution approving preliminary construction of sidewalk improvements. Resolution to fix value of lots. Resolution to adopt preliminary plat and schedule of assessments and estimate of costs. Resolution of Necessity and setting date of hearing as August 28, 2017. Submitted By: Wayne Castle, PLS, PE, Associate Engineer 25. Motion approving Change Order No. 1 for a decrease in the amount of $8,344.16, to Peters Construction of Waterloo, Iowa, in conjunction with the 2017 Riverfront Stadium Flood Repair Project. Submitted By: Travis Nichols, Facilities/Project Manager 26. Motion approving Change Order No. 1 for a total increase of $5,500, in conjunction with the Hangar No. 5 Rehabilitation Project at the Waterloo Regional Airport, and authorized the Mayor to execute said document. Submitted By: Keith Kaspari, Airport Director ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk Page 9 of 300 MEETINGS 4:05 Council Work Session, Harold E. Getty Council Chambers 4:45 p.m. Building and Grounds, Harold E. Getty Council Chambers 5:00 p.m. Boards and Commissions, Harold E. Getty Council Chambers 5:05 p.m. Human Resources Committee, Harold E. Getty Council Chambers 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers PUBLIC INFORMATION 1. Waterloo Housing Authority Board Minutes of July 17, 2017. 2. Leisure Services Commission Board Minutes of June 13, 2017. 3. Airport Board Meeting Minutes of June 27, 2017. 4. Communication from the Waste Management Services Department on the notice of the conclusion of employment for Mark Brandes, CMOM Specialist, effective June 26, 2017 with recommendation of approval of payout of $1,974.06 for unused benefits. 5. Communication from the Waste Management Services Department on the notice of the conclusion of employment for Kent Quin, ICT Foreman, effective July 31, 2017 with recommendation of approval of payout of $4,733.68 for unused benefits. 6. Communication from the Waterloo Cultural & Arts Department on the notice of the conclusion of employment for Carrie Gleason, Event Coordinator, effective July 5, 2017 with recommendation of approval of payout of $3,157.48 for unused benefits. 7. Communication from the Waterloo Fire Rescue Department on the notice of the conclusion of employment for Barbara McBride, Medical Supervisor, effective June 30, 2017 with recommendation of approval of payout of $8,399.38 for unused benefits. 8. Communication from the Leisure Services Parks Department on the notice of the conclusion of employment for Kurt Welsh, Park Maintenance II Construction, effective July 21, 2017 with recommendation of approval of payout of $6,075.13 for unused benefits. 9. Communication from the Public Works Department on the notice of the conclusion of employment for Mark Rice, Public Works Director, effective April 7, 2017 with recommendation of approval of payout of $2,307.41 for unused benefits. 10. Communication from the Public Works Department on the notice of the conclusion of employment for Shelly Theroith, Clerk, effective March 31, 2017 with recommendation of approval of payout of $1,126.25 for unused benefits. 11. Communication from the Waterloo Fire Rescue Department on the notice of the conclusion of employment for Michael Jenn, Battalion Chief, effective July 15, 2017 with recommendation of approval of payout of $9,357.87 for unused benefits. 12. Certified List for the position of Project Specialist for the City of Waterloo, Iowa Community Planning & Development Department - Community Development, as Page 10 of 300 certified by the Civil Service Commission on June 30, 2017. 13. Certified List for the position of Financial Analyst for the City of Waterloo, Iowa Finance Department, as certified by the Civil Service Commission on June 30, 2017. 14. Certified List for the position of Community Development Coordinator for the City of Waterloo, Iowa Community Planning & Development Department - Community Development, as certified by the Civil Service Commission on June 30, 2017. 15. Certified List for the position of Facilities Maintenance Foreman for the City of Waterloo, Iowa Building Maintenance Department, as certified by the Civil Service Commission on February 14, 2017. 16. Certified List for the position of Police Lieutenant for the City of Waterloo, Iowa Police Department, as certified by the Civil Service Commission on February 14, 2017. 17. Certified List for the position of Waste Water Systems Maintenance Foreman for the City of Waterloo, Iowa Waste Management Services Department, as certified by the Civil Service Commission on April 7, 2017. 18. Design Review Board Minutes of November 30, 2016. 19. Planning and Zoning Minutes of June 6, 2017. 20. Historic Preservation Minutes of June 20, 2017. 21. Waterloo Water Works Board of Trustees Meeting minutes of July 21, 2017 on file in the Waterloo City Clerk's office. Page 11 of 300 CITY OF WATERLOO Council Communication Justin Kane, Grace Lutheran Church City Council Meeting: 8/7/2017 Prepared: REVIEWERS: Department Reviewer Action Date Mayor Office Even, LeAnn Approved 8/3/2017 - 11:16 AM Submitted by: Submitted By: Mayor Quentin Hart Page 12 of 300 CITY OF WATERLOO Council Communication Minutes of July 24, 2017, Regular Session, as proposed. City Council Meeting: 8/7/2017 Prepared: REVIEWERS: Department Reviewer Action Date Clerk Office Higby, Nancy Approved 7/31/2017 - 1:38 PM ATTACHMENTS: Description Type ❑ Minutes of July 24, 2017 Backup Material Submitted by: Submitted By: Page 13 of 300 July 24, 2017 The Council of the City of Waterloo, Iowa, met in Regular Session at Harold E. Getty Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, July 24, 2017. Mayor Quentin Hart in the Chair. Roll Call: Jacobs, Morrissey, Powers, Lind, Amos, Schmitt, and Welper. Prayer or Moment of Silence. Pledge of Allegiance: Eric Thorson, City Engineer. 145719 - Welper/Schmitt that the Agenda, as amended, by adding five items to accommodate the upcoming events, Item 1.A.14, Resolution approving request of KBBG-FM to hold a parade on August 26, 2017 from 10:00 a.m. until 12:00 noon, beginning at Gates Park and traveling on Barclay, Newell, Mobile, Sumner and 4th Streets and ending at Sullivan Park; adding Item 1.A.15, Request from Waterloo Homecoming Association to close the 100 block of Adams, 00 block of Webster and the 200 block of Ankeny Street to hold the Waterloo Homecoming Event 2017 in Sullivan Park.; adding Item 1.A.16, Request of Waterloo Homecoming Association for variance to Noise Ordinance on August 6, 2017 from 9:00 a.m. to 8:00 p.m. in conjunction with the Waterloo Homecoming event, to be held at Sullivan Park, including the use of a PA system, together with recommendation of approval of Captain of Police Services; adding Item 1.A.17, Request for variance to Noise Ordinance on July 29, 2017 from 10:00 a.m. to 12:00 p.m. in conjunction with the Community Building Rally- Indivisible/Women's March - "Our Lives are on the Line" event, to be held at Lincoln Park, including the use of a PA system, together with recommendation of approval of Captain of Police Services; adding Item 1.B.4, Motion to approve Application for Fireworks Display at Red Carpet Golf Course, in conjunction with the Columbus High School Class of '87, on Saturday, July 29, 2017, at 9:30 p.m. (Approx. 25 minutes), for the Regular Session on Monday, July 24, 2017, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 145720 Welper/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, July 17, 2017, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. Mayor Hart recognized Evelyn Russell for 40 Years of Service. ORAL PRESENTATIONS Terry Stevens, 1629 Ackermant, explained further economic development is needed on the east side of Waterloo. She further commented that the Historic Preservation Commission will be sending a proposal to council to obtain grants to preserve historic sites on the east side of the community. David Dreyer, 3145 W. 4th Street questioned the city's plan to take back the Rath Packing Plant since the developer has defaulted on the Development Agreement and what provisions are in the Development Agreement for the 5 Sullivan Brothers Convention Center to take back the property. Forest Dillavou, 1725 Huntington Road, presented council with a handout from a newspaper from 1943 that shows that the city's tax rate was the lowest of all Iowa cities. Mr. Jacobs commented that he observed a police officer interacting with what looked like a homeless person and gave the man water from his car when it was 85 degrees outside and noted that it was a positive for the community. He further commented that though he abstained on the vote for the convention center due to work, he explained that he fully supports the sale of property and that it would be good to see the personal financial statements, a personal guarantee, and a copy of the development agreement. 145721 - Welper/Schmitt that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA Page 14 of 300 July 24, 2017 Page 2 145722 - Welper/Schmitt that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Finance Committee Invoice Summary Report, dated July 24, 2017, in the amount of $3,465,603.97 a copy of which is on file in the City Clerk's office, together with recommendation of approval of the Finance Committee. Resolution adopted and upon approval by Mayor assigned No. 2017-569. 2. Resolution approving the request of Almir and Lejla Bajramovic for tax exemptions on the construction of a new single family home valued at $364,950 for property located at 4823 Shelley Court, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2017-570. 3. Resolution approving the request of Derrick and Leanne Klinkenberg for tax exemptions on the construction of a new single family home valued at $301,951 for property located at 1232 Partridge Lane, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2017-571. 4. Resolution approving the request of Douglas D. Miller for tax exemptions on the construction of a new single family home valued at $347,000 for property located at 156 Lichty Blvd., and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2017-572. 5. Resolution approving the request of Darrell Huggins for tax exemptions on the construction of a new single family home valued at $228,400 for the property located at 1920 Idaho Street and located within the Consolidated Urban Revitalization Area (CURA). Resolution adopted and upon approval by Mayor assigned No. 2017-573. 6. Resolution approving the request of Joshua Jebe for tax exemptions on the construction of home improvements valued at $29,782.15 for the property located at 809 Fairview Avenue and located within the Consolidated Urban Revitalization Area (CURA). Resolution adopted and upon approval by Mayor assigned No. 2017-574. 7. Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as August 10, 2017, and date of public hearing as August 14, 2017, for the FY 2018 ADA Bus Stops - Phase I, Contract No. 937, and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2017-575. 8. Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as August 10, 2017, and date of public hearing as August 14, 2017, for the FY 2017 Brock 2nd Addition Sanitary Sewer Extension, Contract No. 932, and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2017-576. 9. Resolution setting date of public hearing as August 7, 2017 to approve a request by Cardinal Construction for a site plan amendment to the "R -4,R -P" Planned Residence District and "B- P" Business Park District to allow for the designation of multiple lots as Office/Medical, located at the southeast corner of Ansborough Avenue and West San Marnan Drive, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2017-577. Page 15 of 300 July 24, 2017 Page 3 10. Resolution setting a date of public hearing as August 7, 2017 to approve the sale and conveyance of city owned property (alley and street) located near the CVS Pharmacy at 205 Franklin Street, in the amount of $1.00, to Central Holdings, LLC, including a Development Agreement, and direct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2017-578. 11. Resolution setting date of hearing as August 28, 2017 to approve an amendment to the Amended and Restated Downtown Waterloo Riverfront Urban Renewal and Redevelopment Plan, to include additional projects and update related financial information, and setting date of consultation with taxing entities on August 11, 2017, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2017-579. 12. Resolution approving cancellation of assessment for 408 E. 8th Street in the amount of $369.01; and 409 E. 8th Street in the amount of $88, and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. Resolution adopted and upon approval by Mayor assigned No. 2017-580. 13. Resolution approving request from Main Street Waterloo to close the 500 Block of Mulberry on July 28th, 2017 from 4:00 p.m. to 11:00 p.m. for the Friday'Loo Car Show -And -Shine event. Resolution adopted and upon approval by Mayor assigned No. 2017-581. 14. Resolution approving request of KBBG-FM to hold a parade on August 26, 2017 from 10:00 a.m. until 12:00 noon, beginning at Gates Park and traveling on Barclay, Newell, Mobile, Sumner and 4th Streets and ending at Sullivan Park. Resolution adopted and upon approval by Mayor assigned No. 2017-582. 15. Resolution approving request from Waterloo Homecoming Association to close the 100 block of Adams, 00 block of Webster and the 200 block of Ankeny Street to hold the Waterloo Homecoming Event 2017 in Sullivan Park. Resolution adopted and upon approval by Mayor assigned No. 2017-583. 16. Resolution approving request of Waterloo Homecoming Association for variance to Noise Ordinance on August 6, 2017 from 9:00 a.m. to 8:00 p.m. in conjunction with the Waterloo Homecoming event, to be held at Sullivan Park, including the use of a PA system, together with recommendation of approval of Captain of Police Services. Resolution adopted and upon approval by Mayor assigned No. 2017-584. 17. Resolution approving request for variance to Noise Ordinance on July 29, 2017 from 10:00 a.m. to 12:00 p.m. in conjunction with the Community Building Rally-Indivisible/Women's March - "Our Lives are on the Line" event, to be held at Lincoln Park, including the use of a PA system, together with recommendation of approval of Captain of Police Services. Resolution adopted and upon approval by Mayor assigned No. 2017-585. b. Motion to approve the following: 1. a. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Officers Erie, Bram, Schaaf, Wilson and Firearms Instructor Recertification School Johnston, IA 11/16/2017 $825 Page 16 of 300 July 24, 2017 Page 4 2. b. c. a. b. c. d. e. Richter Name & Address of Business Class New or Renewal Expiration Date Officer Herkelman Defensive Tactics Instructor Recertification School Des Moines, IA 11/15/2017 $165 Investigator Gergen Defensive Tactics Instructor Rectification School Des Moines, IA 10/18/2017 $165 Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Benevolent & Protective Order of Elks #290, 407 E. Park Avenue (Ownership Update) C Liquor New 6/30/2018 Fraternal Order of Eagles Waterloo Aerie #764, 202 E. First Street A Liquor w/Outdoor Service Renewal 6/30/2018 X Walgreens #03590, 3910 University Avenue B Wine / C Beer / E Liquor Renewal 6/16/2018 X Main Street Waterloo, 212 E. 4th Street (5 Day Transfer from Lincoln Park) B Beer New 8/8/2017 Yesway Store #10023, 117 E. San Marnan Drive B Wine / C Beer / E Liquor Renewal 7/13/2018 X 3. Bonds. 4. Motion to approve Application for Fireworks Display at Red Carpet Golf Course, in conjunction with the Columbus High School Class of '87, on Saturday, July 29, 2017, at 9:30 p.m. (Approx. 25 minutes). Roll call vote -Ayes: Seven. Motion carried. PUBLIC HEARINGS 145723 - Schmitt/Amos that proof of publication of notice of public hearing on Asphalt Emulsion bids in conjunction with the City's Recycled Asphalt Paving Program, as published in the Waterloo Courier on July 17, 2017, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 145724 - Schmitt/Amos that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 145725 - Schmitt/Amos that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-586. 145726 - Schmitt/Amos that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-587. Page 17 of 300 July 24, 2017 Page 5 145727 - Schmitt/Amos Motion to receive and file and instruct City Clerk to read bids. Engineer's Estimate: $210,275.00 Bidder Product Estimated Bid Quantity Unit Price Total Bituminous $1.85 $9,250.00 Materials & Supply HFMS-25 5,000 Gallon Des Moines, IA CRS -2P 50,000 Gallon $1.95 $97,500.00 DILUTE CSS- $1.15 $17,250.00 1 15,000 Gallon HFE-300 5,000 Gallon $1.95 $9,750.00 Total $133,750.00 Voice vote -Ayes: Seven. Motion carried. 145728 - Schmitt/Amos that "Resolution approving awarding bid to Bituminous Materials & Supply, L.P., of Des Moines, Iowa in the amount of $133,750 for Asphalt Emulsions in conjunction with the City's Recycled Asphalt Paving Program and authorize the Mayor and City Clerk to execute said document", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Mr. Morrissey questioned how far in advance the city will know when the materials will be used. Sandie Greco, Interim Public Works Director, explained Big Rock Road and Fairview Avenue will be worked on first. Resolution adopted and upon approval by Mayor assigned No. 2017-588. 145729 - Lind/Welper that proof of publication of notice of public hearing on sale and conveyance of city owned property generally located at 1606 Williston Avenue, in the amount of $10,005, to Roberto and Florentina Castro, as published in the Waterloo Courier on July 14, 2017, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments. Todd Obadal, 124 Amity Drive, questioned if this is a 657A property and if a court decision has been made to transfer property, and commented that he believes the transfer has not taken place and the public notice does not mention that it is a 657A property. Noel Anderson, Community Planning and Development Director, commented that the City did file under 657A to take possession of the property and is now in the process of selling it to the individual. Dave Zellhoefer, City Attorney, explained the Iowa Code sections that apply to selling 657A properties. 145730 - Lind/Welper that the hearing be closed and oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 145731 - Lind/Welper Page 18 of 300 July 24, 2017 Page 6 that "Resolution authorizing sale and conveyance of city owned property generally located at 1606 Williston Avenue, in the amount of $10,005, to Roberto and Florentina Castro and authorize Mayor and City Clerk to execute said documents", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-589. 145732 - Lind/Welper that "Resolution approving Development Agreement with Roberto and Florentina Castro and authorize Mayor and City Clerk to execute said agreement", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-590. 145733 - Welper/Amos that proof of publication of notice of public hearing on request by Jason Grimm to purchase city owned property generally located adjacent to 157 University Avenue, in the amount of $2,000, as published in the Waterloo Courier on July 14, 2017, be received and placed on file. Voice vote - Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 145734 - Welper/Amos that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 145735 - Welper/Amos that "Resolution authorizing sale and conveyance of city owned property generally located adjacent to 157 University Avenue, in the amount of $2,000, to Jason Grimm and authorize Mayor and City Clerk to execute said documents", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-591. 145736 - Welper/Amos that "Resolution approving Development Agreement with Jason Grimm and authorize Mayor and City Clerk to execute said agreement, and rescinding Resolution No. 2017-499 originally approved on June 26, 2017", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-592. 145737 - Morrissey/Powers that proof of publication of notice of public hearing on request by P and H, LLC to vacate, sell and convey a portion of East San Marnan Drive right-of-way, adjacent to 121-129 East Tower Park Drive, as published in the Waterloo Courier on July 14, 2017, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments. Todd Obadal, 124 Amity Drive, questioned what code section allows the city to sell the property without bid. Noel Anderson explained that the city has followed Iowa Code §306.23 and can now sell the property. 145738 - Morrissey/Powers Page 19 of 300 July 24, 2017 Page 7 that the hearing be closed and oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 145739 - Morrissey/Powers that "an Ordinance approving a request to vacate a portion of East San Marnan Drive right-of-way located adjacent to 121-129 East Tower Park Drive", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. Mr. Schmitt requested an overview and questioned the timeliness of the development. Noel Anderson explained that they are increasing the parking on the back side to help with expanding their business and that it would be best to complete the project while the weather is good. 145740 - Morrissey/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 145741 - Morrissey/Welper that "an Ordinance approving a request to vacate a portion of East San Marnan Drive right-of-way located adjacent to 121-129 East Tower Park Drive", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5408. 145742 - Morrissey/Welper that "Resolution authorizing sale and conveyance of a portion of East San Marnan Drive right-of- way located adjacent to 121-129 East Tower Park Drive, to P and H, LLC, in the amount of $1.00, and authorize Mayor and City Clerk to execute necessary documents", be adopted. Roll call vote - Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-593. RESOLUTIONS 145743 - Amos/Morrissey that "Resolution approving submission of grant application for a FY 2017 Historic Preservation Fund - Underrepresented Communities Grant from the National Park Service, in the amount of $50,000, to perform a National Register Survey of the Triangle District and authorize Mayor and City Clerk to execute all necessary documents", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-594. 145744 - Amos/Morrissey that "Resolution approving extension of a moratorium for a period of three (3) months, ending on October 31, 2017, on the issuance of a Special Permit or License for the establishment of any new recycling, junk, or salvage yards", be adopted. Roll call vote -Ayes: Seven. Motion carried. Mr. Schmitt requested an overview of the item. Noel Anderson explained that the city is working on modifications to the zoning ordinance and that the department had a request from recycle yard owners to incorporate the ICARE Program. The department has been working to ascertain how to best incorporate the program and are looking to bring it to council in August or September. Page 20 of 300 July 24, 2017 Page 8 Mr. Morrissey commented that Ward 3 has had issues in the past with salvage yards attempting to start up in that area and that the citizens that live in the area are against establishing any new salvage yards in that part of town. Resolution adopted and upon approval by Mayor assigned No. 2017-595. 145745 - Amos/Morrissey that "Resolution approving acceptance of U.S. Department of Transportation and Federal Aviation Administration Grant No. 3-19-0094-045-2017 in the amount of $2,655,686 for the Pavement Reconstruction of Taxiway Charlie, Pavement Joint Seal Repair and Crack -Seal Maintenance on Runway 12/30, and Airfield Painting Improvements projects at the Waterloo Regional Airport, and authorize the Mayor, City Attorney, and Airport Director to execute said documents", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-596. 145746 - Lind/Amos that "Resolution approving Memorandum of Understanding between INRCOG and the City of Waterloo, for grant writing services related to a REAP grant application not to exceed $200,000 to be used for Castle Bluffs Park Improvements, and authorize the Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-597. 145747 - Lind/Amos that "Resolution authorizing submission of a Resource Enhancement and Protection (REAP) Grant application, not to exceed $200,000 for Improvements at Castle Bluffs Park, and authorize Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. David Dreyer, 3145 W. 4th Street, questioned if the city is going to pay INRCOG $200,000 to write the grant. Paul Huting, Leisure Services Director, explained that INRCOG will receive 1.5% of the total amount, up to $3,000, if the grant is awarded. Resolution adopted and upon approval by Mayor assigned No. 2017-598. 145748 - Lind/Amos that "Resolution approving Completion of Project and Recommendation of Acceptance of Work performed by GameTime c/o Cunningham Recreation of Charlotte, North Carolina, at a total cost of $43,992.41 in conjunction with the FY 2017 Highland Park Playground Project", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-599. 145749 - Morrissey/Amos that "Resolution approving a Customer Agreement with Gatso USA, Inc. of Beverly, Massachusetts, for a fee of $36.00 per paid citation for ATE (Automated Traffic Enforcement) services to the City of Waterloo, and authorize the Mayor and City Clerk to execute said documents", be adopted. Item tabled until August 7, 2017. Mr. Welper stated that a citizen called him to ask that the cameras be explained. Dan Trelka, Chief of Police, explained the cameras. Jim Chapman, 224 Bertch, explained that he is opposed to the cameras and that the cameras should be placed in high crime areas. Page 21 of 300 July 24, 2017 Page 9 Wayne Nathem, 548 Cloverdale, expressed concern that the cameras are more for revenue than safety. Mayor Hart questioned who controls the length of yellow traffic lights. Dan Trelka explained that the city controls the length of yellow light times. Don Share, 1415 Downing Avenue, commented that he does not support red light cameras because the fines are not enforceable in court. Dan Trelka explained that mechanisms are in place to collect the fines and that police can do an investigation to determine who is responsible. Mayor Hart questioned if the city pays anything on uncollected fines. Dan Trelka explained the contract is for each paid citation. Terry Stevens, 1629 Ackermant, questioned what neighborhoods would have the cameras, and feels that cameras should be placed outside the government offices. Dan Trelka explained that thirteen intersections have been identified and that the intersections are typically located in business districts and downtown. Mayor Hart questioned if they are typically placed in high traffic volume areas. Dan Trelka explained the decision is driven by current crash data. Mr. Schmitt questioned where the city's portion of the revenue will be located. Dan Trelka explained that the revenue will go to the general fund and he would like to use it for three additional police officers or tax relief. Mr. Schmitt questioned when the use of funds would be identified. Dan Trelka explained that they would like to wait one year prior to identifying a use of the funds. Mr. Morrissey questioned if item 12 should be tabled prior to passing the ordinance. 145750 - Morrissey/Schmitt Motion to table until after the corresponding ordinance is approved. Roll call vote -Ayes: Five. Nays: Two (Lind and Welper). Motion carried. Mr. Morrissey questioned what Gatso gets for a fee from other communities who have red light cameras. Mayor Hart explained that this item has been tabled, and further discussion regarding fee schedules will need to take place when the third reading of the ordinance comes before to council. 145751 - Morrissey/Amos that "Resolution accepting a donation of property from Wells Fargo to the City of Waterloo Community Development for property generally described as 418 Lane Street, with a $15,000 seller concession /cash contribution to assist with asbestos removal and demolition costs", be adopted. Roll call vote -Ayes: Seven. Motion carried. David Dreyer, 3145 W. 4th Street, questioned the cost of demolition and asbestos removal. Noel Anderson explained the costs will be covered by the sale price. Resolution adopted and upon approval by Mayor assigned No. 2017-600. 145752 - Morrissey/Amos Page 22 of 300 July 24, 2017 Page 10 that "Resolution approving award of contract to Lodge Construction, Inc., of Clarksville, Iowa in the amount of $39,792.70 and approving the contract, bonds and Certificate of Insurance for the FY 2018 Ash Street Drainage Improvements, Contract No. 936 and authorize Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-601. 145753 - Schmitt/Amos that "Resolution approving Reconstruction and Overlay Street Improvement lists for 2018", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-602. 145754 - Schmitt/Amos that "Resolution approving Sub -recipient Agreements with the University of Northern Iowa Foundation in the amount of $43,500, Blue Zones in the amount of $55,000 and Tri -County Head Start in the amount of $1,500 for the Healthy H2O Loo Project, and authorizing Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Seven. Motion carried. Cheryl Christiansen, 1702 E. Mitchell, questioned why the city is paying Blue Zones. Mayor Hart explained this from a national grant and therefore the city is not paying anything. Mr. Schmitt requested an overview of the grant. Mayor Hart explained the purpose of the grant. Mr. Schmitt questioned how this incorporates the University of Northern Iowa Foundation. Mayor Hart explained the UNI Foundation portion is in conjunction with Wheaton Franciscan. Michelle Weidner, Chief Financial Officer, explained that the Foundation is serving as the fiscal agent for the Fruit and Veggie Voucher Program for Wheaton Franciscan to disperse the funds. Mr. Lind questioned if the city is receiving $3,000 or $5,000 dollars. Michelle Weidner explained the city is not retaining any funds. Resolution adopted and upon approval by Mayor assigned No. 2017-603. ORDINANCES 145755 - Morrissey/Amos that "an Ordinance amending the 2007 City of Waterloo Code of Ordinances by enacting a new Title 6, Motor Vehicles and Traffic, Chapter 1 Traffic Code by adding Section 4; Automated Traffic Enforcement" be received, placed on file, considered and passed for the second time. Roll call vote - Ayes: Seven. Motion carried. Jim Chapman, 224 Bertch, questioned if this is connected with the cameras and questioned what would happen if a car does not have a license on the front of the car. Dan Trelka explained that this will be one part of enforcement and that state law requires vehicles to have a license plate on the front and back of the vehicle. David Dreyer, 3145 W. 4th Street, commented that cameras used to take a picture of the front of the vehicle and the driver, to prove who was driving the vehicle. Mr. Jacobs questioned the duration of the contract and if the ordinance will be enforceable. Page 23 of 300 July 24, 2017 Page 11 Mayor Hart questioned if the company makes presentations to communities. Dan Trelka explained that the company would help educate the community and that the contract is for three years with an option to opt out. Dorian Grubaugh, GATSO, commented on the legality of the automated traffic enforcement and explained that the contract would automatically terminate at such time it is no longer legal. He further explained that the city is in complete control of the system. Mr. Jacobs questioned if the ticket will affect driving records and how collections will be handled. Dorian Grubaugh explained that the tickets do not effect driving records as they will be civil tickets and not through the state. Collections are handled by collection agencies. Mr. Jacobs questioned if this will affect credit scores. Dorian Grubaugh explained that three payment notices are sent out, and then it would be up to the city whether to send it to collections. Mr. Powers questioned if their company changes yellow light timing. Dorian Grubaugh explained that the company does not change the yellow or red light time, but that their equipment would need to tap into the wiring to time for ticketing purposes. Mr. Powers questioned if they do business in Chicago. Dorian Grubaugh commented that GATSCO does not do business in Chicago but does so in Illinois. Mr. Morrissey questioned how they handle vehicles that have dealer license plates or temporary tags. Dorian Grubaugh provided an explained how those situations are handled. Rick Grimm, 426 Eureka Street, questioned if this will be issuing tickets on yellow lights or just red lights. Dan Trelka confirmed just red lights. 145756 - Morrissey/Amos that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Four. Nays: Three (Jacobs, Amos, Schmitt). Motion failed. 145757 - Morrissey/Amos that "an Ordinance amending the 2007 City of Waterloo Code of Ordinances by amending Title 5, Police Regulations, Chapter 5, Chronic Nuisance Properties, Section 1, Definitions, by adding "0. Fireworks", to definitions", be considered and passed for the third time and adopted. Roll call vote -Ayes: Seven. Motion carried. Jim Chapman, 224 Bertch, questioned how the ordinance will be enforced when the current ordinance is not being upheld at the county level. Dan Trelka explained that the ordinance is working well. He has moved forward with 29 citations and the judge has only not upheld one. Lawrence Wheeler, 433 Bratnober, explained that he would like to see the fireworks chronic issues limited, especially fireworks at Bucks Stadium, as the power of the fireworks sound have damaged his property. Ordinance adopted and upon approval by Mayor assigned No. 5409. 145758 - Welper/Amos Page 24 of 300 July 24, 2017 Page 12 that the council adjourn to Executive Session at 6:59 p.m. Roll call vote -Ayes: Seven. Motion carried. Dave Zellhoefer stated that discussion of the purchase of property is an approved Executive Session topic pursuant to Iowa Code Section 21.5(1)(j)(2017). EXECUTIVE SESSION 145759 - Welper/Lind that the council adjourn Executive Session at 7:17 p.m. Voice vote -Ayes: Seven. Motion carried. ADJOURNMENT 145760 - Welper/Lind that the Council adjourn at 7:17 p.m. Voice vote -Ayes: Seven. Motion carried. Kelley Felchle City Clerk Page 25 of 300 CITY OF WATERLOO Council Communication Proclamation declaring August 13 - 19, 2017, as National Health Center Week City Council Meeting: 8/7/2017 Prepared: 6/22/2017 REVIEWERS: Department Reviewer Action Date Mayor Office Westphal, Michelle Approved 6/22/2017 - 3:56 PM Clerk Office Higby, Nancy Approved 7/27/2017 - 5:42 PM ATTACHMENTS: Description Type ❑ Proclamation National Health Center Week Cover Memo Submitted by: Submitted By: Mayor Quentin Hart Page 26 of 300 CITY OF WATERLOO, IOWA PROCLAMATION BERE5, For over fifty years, Community Health Centers have provided high- quality, affordable, comprehensive primary and preventative health care in our nation's underserved communities, delivering value to and having a significant impact on America's health care system. HEREAS, As the country's largest primary care network, Health Centers now serve as the health care home for over 25 million Americans in over 10,000 delivery sites across the nation. One in every 13 people in the United States receives their care in a community health center; and HES, Health Centers are a critical element of the health care system, serving both rural and urban populations and often providing the only accessible and dependable source of primary care in their communities. Nationwide, Health Centers serve one in every six residents of rural areas; and HERS, Every day Health Centers are developing new approaches to integrating a wide range of services beyond primary care, including oral health, vision, behavioral health and pharmacy services to meet the needs and challenges of their community; and HEREAS, Health Centers are locally controlled by patient -majority boards, ensuring that the patients of each Health Center are engaged in their own health care decisions; and B£AS, Health Centers are Iocally owned and operated small businesses that serve as critical economic engines, powering local economies, helping to power local economies by generating billions of dollars in combined economic impact in some of the country's most economically deprived communities, REBS, Health Centers nationally employ nearly 190,000 people, including physicians, nurse practitioners, physician assistants, and certified nurse midwives who work as part of multi -disciplinary clinical teams designed to treat the whole patient; and HEREAS, The Health Center model continues to prove an effective means of overcoming barriers to healthcare access, including geography, income and insurance status, and in doing so, improves health care outcomes and reduces health care system costs; and Page 27 0 WI1EEAS, Health Centers reduce overall costs of care by managing chronic conditions and keeping patients out of costlier health care settings like hospital emergency rooms. WHEREAS, Health Centers are on the front lines of major health care crises that our country faces including provi8dng access to care for our nation's veterans, addressing the opioid epidemic and responding to public health threats like the Zika virus. NOII, THEREFORE, I, Quentin Hart, Mayor of the City of Waterloo, do hereby proclaim August 13— 19,2017, as NATIONAI. HEALTH CENTER WEEK And encourage all Americans to take part in this week by visiting their local Health Center and celebrating the important partnership between America's Health Centers and the communities that they serve. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and caused the seal of the City of Waterloo to be affixed this 7th day of August 2017. �.o 1 Quentin Hart Mayor ATTEST: Kelley Fele r le City Clerk Page 28 o CITY OF WATERLOO Council Communication Mayor and Council Monthly Reports City Council Meeting: 8/7/2017 Prepared: REVIEWERS: Department Reviewer Action Date Mayor Office Felchle, Kelley Approved 8/2/2017 - 9:56 AM Page 29 of 300 CITY OF WATERLOO Council Communication Resolution approving request to hold MDA Boot Block on August 18, August 25 and September 1, 2017 from 3:00 p.m. to 6:00 p.m., at the intersections of Franklin & E. 3rd Streets, Ansborough & Downing Avenues, LaPorte Road and San Marnan Drive, and Kimball & Ridgeway Avenues. City Council Meeting: 8/7/2017 Prepared: 7/25/2017 REVIEWERS: Department Reviewer Action Date Fire Rescue Treloar, Pat Approved 7/25/2017 - 12:07 PM Clerk Office Higby, Nancy Approved 7/27/2017 - 5:40 PM SUBJECT: Resolution approving request to hold MDA Boot Block on August 18, August 25 and September 1, 2017 from 3:00 p.m. to 6:00 p.m., at the intersections of Franklin & E. 3rd Streets, Ansborough & Downing Avenues, LaPorte Road and San Marnan Drive, and Kimball & Ridgeway Avenues. Submitted by: Submitted By: Pat Treloar, Fire Chief Recommended Action: Approve Summary Statement: This year, as always, we will place an emphasis on firefighter safety as well as the safety of commuters from the city. We will accomplish this by wearing high visibility vests and by using signage prior to our collection points. MDA will again provide an insurance policy. We would like to thank the City of Waterloo and the patrons of our city for their continued support and generosity in our efforts to raise money to assist those with neuromuscular diseases. Waterloo has continually been one of the top fundraisers in the state. Last year the citizens of Waterloo gave over $20,000 to fight muscular dystrophy. The MDA Coordinator for Local 66 is Jared Bargman. Page 30 of 300 CITY OF WATERLOO Council Communication Request from Friendship Village to hold the Race To Remember 5K event starting at 9:00 a.m., August 19, 2017, on and around the Friendship Village Campus, sidewalks and side streets, with barricades on Southbrooke Drive, Rudi Place, Saratoga Drive, Creastline Avenue, Fairlane Avenue, Park Lane and Friendship Lane. City Council Meeting: 8/7/2017 Prepared: 7/31/2017 REVIEWERS: Department Reviewer Action Date Police Department Leibold, Joe Approved 7/31/2017 - 12:10 PM Clerk Office Higby, Nancy Approved 7/31/2017 - 12:42 PM ATTACHMENTS: Description Type D Route Map Cover Memo SUBJECT: Request from Friendship Village to hold the Race To Remember 5K event starting at 9:00 a.m., August 19, 2017, on and around the Friendship Village Campus, sidewalks and side streets, with barricades on Southbrooke Drive, Rudi Place, Saratoga Drive, Crestline Avenue, Fairlane Avenue, Park Lane and Friendship Lane. Submitted by: Submitted By: Joe Leibold, Captain of Police Services Recommended Action: Approve request Summary Statement: Expenditure Required: The Race to Remember is a fundraiser to show support for those affected by Alzheimer's disease. Cost associated with barricade delivery/pick up and providing limited traffic support. Source of Funds: General Page 31 of 300 Raven Sonya C aAV Ileg4ui Dr c 0 olumbus Dr Fx tounken Blvd Columbus High School a co Brookeridge Dr Glee San Marnan Access Dr uenans Medical CP'lter H King Dr ap s laueJj iS Wildwood Rd Ja siaue.ij t sPueJd iS a3ejaal !we! E San Marnan Dr Page 32 of 300 F San Mai CITY OF WATERLOO Council Communication Resolution approving request of the Build Our Ballpark Foundation in cooperation with the Cedar Valley SportsPlex to hold its annual Kids Race and 5K fundraiser on August 12, 2017 from 8:00 a.m. to 10:00 a.m., commencing at the Cedar Valley SportsPlex and concluding at the intersection of Westfield Avenue and Highway 63, and approving barricades and traffic control City Council Meeting: 8/7/2017 Prepared: 7/31/2017 REVIEWERS: Department Police Department Clerk Office ATTACHMENTS: Description D Route Map SUBJECT: Submitted by: Recommended Action: Expenditure Required: Source of Funds: Policy Issue: Background Information: Reviewer Leibold, Joe Higby, Nancy Action Approved Approved Type Cover Memo Date 7/31/2017 - 12:17 PM 7/31/2017 - 12:47 PM Resolution approving request of the Build Our Ballpark Foundation in cooperation with the Cedar Valley SportsPlex to hold its annual Kids Race and 5K fundraiser on August 12, 2017 from 8:00 a.m. to 10:00 a.m., commencing at the Cedar Valley SportsPlex and concluding at the intersection of Westfield Avenue and Highway 63, and approving barricades and traffic control. Submitted By: Joe Leibold, Captain of Police Services Approve Request Cost associated with placing and retrieving barricades and traffic control. The event is hiring two officers to assist with traffic. General None This is the 3rd 5K by this group and they have provided a route that minimizes the use of traffic control by using the bike trail and River Road. There will be minimal impact on downtown traffic. Page 33 of 300 `''1 �� `. Logan Ave"ei . eb 4) ctot 75, o ei0 e / 67,k 16).A. C 111/41. int 9R4) 0 7 i^�•I .i } 47 SN- tr de- It? 41/49 C CP -13 5 4 115 a I Q1 J CU C CU O co Page 34 of 300 CITY OF WATERLOO Council Communication Request of Antioch Baptist Church for a variance to the Noise Ordinance on August 18, 2017 from 5:30 p.m. to 9:00 p.m. in conjunction with a Back to School Block Party event, to be held at Antioch Baptist Church, 426 Sumner Street, including use of a PA system. City Council Meeting: 8/7/2017 Prepared: 7/31/2017 REVIEWERS: Department Reviewer Action Police Department Higby, Nancy Approved SUBJECT: Date 7/31/2017 - 12:12 PM Request of Antioch Baptist Church for a variance to the Noise Ordinance on August 18, 2017 from 5:30 p.m. to 9:00 p.m. in conjunction with a Back to School Block Party event, to be held at Antioch Baptist Church, 426 Sumner Street, including use of a PA system. Submitted by: Submitted By: Joe Leibold, Captain of Police Services Page 35 of 300 CITY OF WATERLOO Council Communication Request of Cedar Valley Pridefest, Inc. for a variance to the Noise Ordinance and permission to close the 300 and 400 block of W. 4th Street and the 500 and 600 block of lower Washington Street, on from 4:00 a.m. on August 26 through 5:00 a.m. on August 27, 2017 and alleys with 4th Street access from 7:00 a.m. on August 26 through to 5:00 p.m. on August 29, 2017, in conjunction with Cedar Valley Pridefest 2017 event, including use of a PA system. City Council Meeting: 8/7/2017 Prepared: 7/31/2017 REVIEWERS: Department Reviewer Action Date Police Department Higby, Nancy Approved 7/31/2017 - 3:23 PM SUBJECT: Request of Cedar Valley Pridefest, Inc. for a variance to the Noise Ordinance and permission to close the 300 and 400 block of W. 4th Street and the 500 and 600 block of lower Washington Street, on from 4:00 a.m. on August 26 through 5:00 a.m. on August 27, 2017 and alleys with 4th Street access from 7:00 a.m. on August 26 through to 5:00 p.m. on August 29,. 2017, in conjunction with Cedar Valley Pridefest 2017 event, including use of a PA system. Submitted by: Submitted By: Joe Leibold, Captain of Police Services Page 36 of 300 CITY OF WATERLOO Council Communication Request from Velma Sallis for a waiver for a concrete driveway located at 703 Cottage Street and authorizing the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. City Council Meeting: 8/7/2017 Prepared: 8/1/2017 REVIEWERS: Department Reviewer Action Date Engineering Thorson, Eric Approved 8/1/2017 - 12:32 PM Clerk Office Higby, Nancy Approved 8/1/2017 - 12:41 PM ATTACHMENTS: Description Type o DW Waiver 703 Cottage St Cover Memo SUBJECT: Request from Velma Sallis for a waiver for a concrete driveway located at 703 Cottage Street and authorizing the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Submitted by: Submitted By: Eric Thorson, PE, City Engineer Recommend for approval by the City Engineer. This waiver is needed due to the placement of a driveway or sidewalk on Recommended Action: City right-of-way on an unimproved street. Summary Statement: I have reviewed this request and recommend its approval subject to the following provisions. 1.Work to be performed by an approved and bonded contractor. 2.A permit is to be obtained from the office of the City Engineer prior to construction. 3.All work shall be performed under the supervision of the City Engineer and at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. Legal Descriptions: ROSE HILL ADDITION W 45 FT LOT 11 BLK 9 Page 37 of 300 WAIVER Date: *I Zo t 7 Honorable Mayor and City Council City Hall Waterloo, IA 50703 Council Persons: l hereby request a waiver to the driveway and sidewalk specifications for the construction of a driveway or sidewalk located at (concrete r asphalt) 77L I-k5e (Address) This waiver is needed because of: special surface texture to be used on the concrete approach (Le., exposed aggregate, brick stamped pattern, paving brick). elimination of the sidewalk section due to the inability to meet the grade requirements. elimination of the sidewalk section for asphalt driveways. M5 placement of a driveway or sidewalk on City right-of-way on an unimproved street. Other: I agree to the following: 1. To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk is constructed. 2. To remove and replace the private driveway, as needed, to an official elevation at no additional expense to the City of Waterloo at such time that curb and gutter is constructed. 3. To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has been removed for any City of Waterloo project. 4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer. 6. To have the driveway constructed according- to the specifications and policies of the City Engineer and under his supervision. 6. This waiver is for this property only. Attached herewith is a payment in the amount of even dollars ($7.00 the purpose of recording this agreement. Respectfully submitted, 'VE L# J rn,54LLT s et- j Lo Printed Name of Property Owner Signature of Prope Owner Page 38 of 300 CITY OF WATERLOO Council Communication Request from Denise Thede for a waiver for a concrete driveway located at 205 Maryland Avenue and authorizing the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. City Council Meeting: 8/7/2017 Prepared: 8/2/2017 REVIEWERS: Department Reviewer Action Date Engineering Thorson, Eric Approved 8/2/2017 - 10:59 AM Clerk Office Higby, Nancy Approved 8/2/2017 - 11:22 AM ATTACHMENTS: Description Type o DW Waiver 205 Maryland Ave Cover Memo SUBJECT: Request from Denise Thede for a waiver for a concrete driveway located at 205 Maryland Avenue and authorizing the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Submitted by: Submitted By: Eric Thorson, PE, City Engineer Recommend for approval by the City Engineer. This waiver is needed due to the placement of a driveway or sidewalk on Recommended Action: City right-of-way on an unimproved street. Summary Statement: Legal Descriptions: I have reviewed this request and recommend its approval subject to the following provisions. 1.Work to be performed by an approved and bonded contractor. 2.A permit is to be obtained from the office of the City Engineer prior to construction. 3.All work shall be performed under the supervision of the City Engineer and at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. PROSPECT PLACE LOT 156 AND SELY 1/2 ALLEYADJ LOT 156 ON W EXC THAT PART DESC AS COM AT SELY COR LOT 134 TH ELY ALONG NLY LINE OF MARYLAND AVE TO PT LOC ON CENTER LINE SAID VAC ALLEY WHICH IS ALSO THE PT OF Page 39 of 300 BEG TH NLY ALONG SAID CENTERLINE TO PT WHICH IS INTER SAID CENTER LINE AND NLY LINE SAID LOT 134 EXTENDED TH ELY ALONG SAID NLY LINE EXTENDED DIST OF 6 FT TH SLY TO PT OF BEG Page 40 of 300 WAIVER Date: '7 (1,7 Honorable hVlayor and City Council City Hall Waterloo, IA 50703 Council Persons: pk‘e-ev( sI IK /, I hereby request a waiver to the . riveway and sidewalk specifications for the construction of a _ �_ driveway or sidewalk located at r asphalt) 7_05 A. h This waiver is needed because of: (Address) special surface texture to be used on the concrete approach (Le., exposed aggregate, brick stamped pattern, paving brick). elimination of the sidewalk section due to the inability to meet the grade requirements. elimination of the sidewalk section for asphalt driveways. Xplacement of a driveway or sidewalk on City right-of-way on an unimproved street. Other: I agree to the following: 1. To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk is constructed. 2. To remove and replace the private driveway, as needed, to an official elevation at no additional expense to the City of Waterloo at such time that curb and gutter is constructed. 3. To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has been removed for any City of Waterloo project. 4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer. 5. To have the driveway constructed according to the specifications and policies of the City Engineer and under his supervision. 6. This waiver is for this property only. Attached herewith is a payment in the amount of seven dollars ($7.00) for the purpose of recording this agreement. Respectfully submitted, Y` 1 [ • ci -, 't'`--Q-"c\kA 1, l ► l _ Printed Name of Property Owner Signature of Property Owner Page 41 of 300 CITY OF WATERLOO Council Communication Request from Bob Lichty for a waiver for a concrete driveway located at 850 Prospect Boulevard with the elimination of the sidewalk section due to the inability to meet grade requirements. City Council Meeting: 8/7/2017 Prepared: 8/1/2017 REVIEWERS: Department Reviewer Action Date Engineering Thorson, Eric Approved 8/1/2017 - 2:44 PM Clerk Office Even, LeAnn Approved 8/1/2017 - 3:45 PM ATTACHMENTS: Description Type ❑ DW Waiver 850 Prospect Blvd Cover Memo SUBJECT: Request from Bob Lichty for a waiver for a concrete driveway located at 850 Prospect Boulevard with the elimination of the sidewalk section due to the inability to meet grade requirements. Submitted by: Submitted By: Eric Thorson, PE, City Engineer Recommended Action: Recommended for approval by the City Engineer. Summary Statement: Background Information: Attached is a request for construction of a concrete driveway with the elimination of the sidewalk section due to the inability to meet requirements of the driveway and sidewalk specifications, Section 18, to be located at 850 Prospect Blvd. I have reviewed this request and recommend its approval subject to the following provisions: 1. Work to be performed by an approved and bonded contractor. 2. A permit is to be obtained from the office of the City Engineer prior to construction. 3. All work shall be performed under the supervision of the City Engineer at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. This is a waiver of the City's Standard Specifications for Driveway Construction. It requires Council approval so that it can be recorded to the property, so that the waiver requirements run with the property ownership. Page 42 of 300 Legal Descriptions: PROSPECT HILLS ADDITION ALL LOT 127 EX W 20 FT Page 43 of 300 WAIVER Date: Honorable Mayor and City Council City Hall Waterloo, IA 50703 Council Persons: �g ? " 9127ile w h-� 1V0z-f) l �_ I hereby request a waiver to the driveway and sidewalk specifications for the construction of a GoG- driveway or sidewalk located at oxtcret• or asphalt) pso PboaL (Address) This waiver is needed because of: special surface texture (i.e., exposed aggregate, brick stamped pattern, paving brick) to be used on the concrete approach. X elimination of the sidewalk section due to the inability to meet requirements of the driveway and sidewalk policy, paragraph 1. 6rr4 asphalt driveway with the elimination of the sidewalk section. placing a driveway or sidewalk on City right of way on an unimproved street. I agree to the following: 1. To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk is constructed. 2. To remove and replace the private driveway, as needed, to an official elevation at no additional expense to the City of Waterloo at such time that curb and gutter is constructed. 3. To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has been removed for any City of Waterloo project. 4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer. 5. To have the driveway constructed according to the specifications and policies of the City Engineer and under his supervision. fi. This waiver is for this property only. Attached herewith is a payment in the amount of seven dollars ($7.00) for the purpose of recording this agreement. Respectfully submitted, 7/A-44, g Signature of Property Owner Printed Name of Property Owner Page 44 of 300 CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as August 24, 2017 and date of public hearing as August 28, 2017 for the FY 2018 Sidewalk Repair Assessment Program - Zone 7, Contract No. 931, and instruct City Clerk to publish notice. City Council Meeting: 8/7/2017 Prepared: 8/1/2017 REVIEWERS: Department Reviewer Action Date Engineering Thorson, Eric Approved 8/1/2017 - 12:37 PM Clerk Office Higby, Nancy Approved 8/1/2017 - 12:40 PM SUBJECT: Submitted by: Summary Statement: Source of Funds: Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as August 24, 2017 and date of public hearing as August 28, 2017 for the FY 2018 Sidewalk Repair Assessment Program - Zone 7, Contract No. 931, and instruct City Clerk to publish notice. Submitted By: Wayne Castle, PLS, PE, Associate Engineer Plans prepared by the City Engineer's Office. Property owner assessments Page 45 of 300 CITY OF WATERLOO Council Communication Resolution approving preliminary specifications, form of contract, etc. and setting date of bid opening as of August 17, 2017 and date of public hearing as of August 21, 2017, for the recycling processing facility to support the City of Waterloo's curbside recycling program, and instruct City Clerk to publish notice. City Council Meeting: 8/7/2017 Prepared: 7/28/2017 REVIEWERS: Department Reviewer Action Date Traffic Operations Even, LeAnn Approved 7/31/2017 - 6:27 PM SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Background Information: Resolution approving preliminary specifications, form of contract, etc. and setting date of bid opening as of August 17, 2017 and date of public hearing as of August 21, 2017, for the recycling processing facility to support the City of Waterloo's curbside recycling program, and instruct City Clerk to publish notice. Submitted By: Sandie Greco, Interim Public Works Director Recommend Approval This service is for providing equipment, site service and collection/delivery of materials from neighborhood drop-offs, and the processing and ultimate marketing and disposal of materials thereby generated. $32,000.00 Sanitation Funding - 525-15-5400-1300 Strategy 3.4 and 3.5 - Identify and implement proven cost and rescource saving measures and continue to engage with local public partners to identify cost savings, streamline efforts and improve efficienty in City operations and activities. The City of Waterloo has provided curbside recycling for a number of years. The vendor divides and deparates all recyclables. Page 46 of 300 CITY OF WATERLOO Council Communication Resolution approving proposed specifications, form of contract, etc. and setting date of bid opening as August 17, 2017 and date of public hearing as August 21, 2017 for solid waste and recycling containers to support the City of Waterloo's recycling and various clean-up programs, and instruct City Clerk to publish notice. City Council Meeting: 8/7/2017 Prepared: 7/28/2017 REVIEWERS: Department Reviewer Traffic Operations Even, LeAnn SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Background Information: Action Approved Date 7/31/2017 - 6:28 PM Resolution approving proposed specifications, form of contract, etc. and setting date of bid opening as August 17, 2017 and date of public hearing as August 21, 2017 for solid waste and recycling containers to support the City of Waterloo's recycling and various clean-up programs, and instruct City Clerk to publish notice. Submitted By: Sandie Greco, Interim Public Works Director Recommend Approval This service is for providing equipment site service and collection/delivery of materials from neighborhood recycling drop-offs and the processing and ultimate marketing and disposal of materials thereby generated. Further services will include providing solid waste containers and disposal of refuse for a variety of different events lead by the City of Waterloo $90,000.00 Sanitation Funding - 525-15-5400-1300 Strategy 3.4 and 3.5 - Identify and implement proven cost and resource saving measures and continue to engage with local public partners to identify cost savings, streamline efforts and improve efficiency in City operations and activities. The City of Waterloo has provided recycling containers at various locations for the public to use. Containers have also been provided for neighborhood clean ups. Page 47 of 300 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as August 21, 2017 to approve the request by Central Property Holdings, LLC to rezone approximately 0.39 acres from "R-3" Multiple Residence District to "C -P" Planned Commercial District located near the intersection of Franklin and East 2nd Streets, and instruct City Clerk to publish notice. City Council Meeting: 8/7/2017 Prepared: 8/2/2017 REVIEWERS: Department Reviewer Action Date Planning & Zoning Schroeder, Aric Approved 8/2/2017 - 11:11 AM Clerk Office Higby, Nancy Approved 8/2/2017 - 11:22 AM ATTACHMENTS: Description Type ❑ Application Cover Memo ❑ Staff Report Cover Memo ❑ Aerial Photo Cover Memo ❑ Overview Map Cover Memo ❑ Pictures Cover Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Resolution setting date of public hearing as August 21, 2017 to approve the request by Central Property Holdings, LLC to rezone approximately 0.39 acres from "R-3" Multiple Residence District to "C -P" Planned Commercial District located near the intersection of Franklin and East 2nd Streets, and instruct City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning & Development Director Approval Transmitted herewith is a request to set the date of public hearing as August 21, 2017 to approve the request by Central Holdings, LLC to rezone approximately 0.39 acres from "R-3" Multiple Residence District to "C -P" Planned Commercial District located near the intersection of Franklin Street and East 2nd Street, and instruct City Clerk to publish notice. At their August 1, 2017 meeting the Planning, Programing and Zoning Commission unanimously recommended approval of the request. None None required Page 48 of 300 Policy Issue: Legal Descriptions: Zoning and Land Use Lots 17 and 18 of Block 64 of Cooley Addition, City of Waterloo, Black Hawk County, Iowa. Page 49 of 300 APPLICATION FOR REZONING CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION WATERLOO, IOWA 319.291.4366 1. APPLICATION INFORMATION: a. Applicant'sa (please print): Central Property Holdings, LLC c/o Eric W. Johnson Address: ozuLaFayette St. Phone: 319 234-1756 Fax: 319-234-1225 City: Waterloo State: IA Zip:50703 b. Status of applicant: (a) Owner (b) Other x (CHECK ONE): Ifother explain:.proposed purchaser c. Property owner's name if different than above (please print): See attached Exh i hi t "A" Address: Phone: Fax: City: State: Zip: 2. PROPERTY INFORMATION: a. General location of property to be rezoned: Frankl i n St. & E. 2nd St. , Waterl oo, IA b. Legal description of property to be rezoned: See attached Uhl bit "B" c. Dimensions of Proposed Zoning Boundary (Excluding Right of Way): d. Area of Proposed Zoning Boundary (Excluding Right of Way): e. Current zoning: R-3 Requested zoning:C-p f. Reason(s) for rezoning and proposed use(s) of property:_.gr,ocori store g. Conditions (if any) agreed to: h. Other pertinent information (use reverse side if necessary): Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process (separate from rezone request). The filing fee of $300 + $10 per acre ($750 max) (payable to the City of Waterloo) is required (round amount down to nearest $10 increment). This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process, with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning, Programming, and Zoning Commission until four (4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. AIL information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the property in question in regards to the request. Sig ature of ppli an 7 Date Signature of Owner Date Rodney A. Anderson Page 50 of 300 REQUEST: APPLICANT: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN AND COMPLETE STREETS POLICY: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: DEVELOPMENT HISTORY: BUFFERS/ SCREENING REQUIRED: DRAINAGE: August 1, 2017 Request by Central Holdings, LLC to rezone approximately 0.39 acres from "R-3" Multiple Residence District to "C -P" Planned Commercial District located near the intersection of Franklin Street and East 2nd Street. Central Property Holdings, LLC c/o Eric W. Johnson 620 Lafayette Street Waterloo, IA 50703 The applicant is requesting to rezone the property in question to construct a grocery store. The request would not appear to have a negative impact on the neighborhood as it would rezone the property to the zoning of the rest of the block. The request would not appear to have a negative impact on vehicular or pedestrian traffic movements in the area. The area is served by Logan and Franklin which are classified as Other Principal Arterials; 1St/Mullan which are classified as Collectors; and Walnut, Pine, and East 2nd which are classified as Local Streets. All streets in the area have sidewalks and a new trail is being constructed as part of the US Highway 63 project that is currently under construction. Park Avenue which is two blocks away is having bike lanes added. The area of the proposed site is currently zoned "R-3" Multiple Residence District and has been zoned as such since the adoption of the zoning code in 1969. Surrounding uses and zoning: North — Commercial Development zoned "C -P" Commercial District. South — Residential and Commercial Development zoned "C-2" Commercial District East — Residential zoned "R-3" Multiple Residence District. West — Commercial Development and Residential zoned "C-2" Commercial District The CVS Pharmacy to the north was built in 2012;to the east is single family homes built between 1885 and 1924, and a multifamily building built in 1922; to the south is residences built between 1895 and 1922, a commercial business built in 2003, and a fire station; and to the west commercial businesses built between 1917 and 2003. No Buffering will be required. It will be necessary that a storm water detention plan is submitted, as well as a SWPPP to the Engineering Department for review and approval. The proposed request would not appear to have a Southeast of 205 Franklin rezone from "R-3" to "C -P" PS1 5lf 6f 300 FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC: RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: August 1, 2017 negative impact upon drainage in the area if proper storm water detention techniques are put in place. The site plan shows the existing detention facility for the adjacent CVS will be expanded to also service the grocery store. The site in question is located in Zone X protected by levee as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0189F, dated July 18, 2011. Lincoln Park is located 3 blocks to the southeast. East High School is located 0.5 miles to the east There is a 4" Drain Tile, 8" Sanitary Sewer Line, and 24" Storm Sewer in Walnut Street; 27" Storm Sewer in East 2nd, and 10" Sanitary Sewer and 30" Storm Sewer under Franklin. The Future Land Use Map designates this area as Mixed Residential Low, Medium, High Density Residential, Professional Office, and Neighborhood Commercial. The proposed use appears to be compatible with the comprehensive plan. The applicant is requesting to rezone 0.39 acres from "R-3" Multiple Residence District to "C -P" Planned Commercial District. The "C -P" Planned Commercial District is intended and designed to provide a means for the residential and compatible commercial development of tracts of land on a unit basis, allowing greater flexibility and diversification of land uses and building locations than conventional single lot method. The "C -P" District allows any use permitted in a "C-1" or "C-2" commercial district other than delayed deposit service uses, which is compatibly designed and deemed an appropriate commercial use to the surrounding development. Currently there are just two parcels on the block that are not zoned "C -P" and this rezone will rezone those two parcels to match the rest of the block. This will allow the applicant to develop the property under a single zoning code if the two parcels are included. The applicant is not planning to subdivide the property. Southeast of 205 Franklin rezone from "R-3" to "C -P" PS1F 52f 6f 300 August 1, 2017 STAFF Therefore, staff recommends that the request to rezone RECOMMENDATION: approximately 0.39 acres from "R-3" Multiple Residence District to "C -P" Planned Commercial District be approved for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area. 2. The request would not appear to have a negative impact upon pedestrian and traffic conditions within the surrounding area. 3. New development will bring new shopping opportunities to an area that currently does not have a full line grocery store nearby. 4. It will further the efforts to revitalize the Walnut District. And with the following conditions(s): 1. That the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, screening, drainage, etc. Southeast of 205 Franklin rezone from "R-3" to "C -P" PsgEP53f 6f 300 City of Waterloo Planning, Programming and Zoning Commission August 1, 2017 111111111"niiita-11.111. r ALMOND ST 111 14ALMOND ST R 1. 194. b I SE of 205 Frankliln Street Rezone R-3 to C -P Central Holdings, LLC Page 54 of 300 ; �,: s „�„�= l�' �r �j ��--s ii 100 50 0 00 oteY100 ‘c (Feet City of Waterloo Planning, Programming and Zoning Commission August 1, 2017 MLI LL 111 'C72;C=Z —' 0 CD LL C- M -1 J I I I I I I I I L_L_LLL_i_ jj_L- \ C -Z C-2, III' II •fl ii I11111ii 11.■ 111 U !I toil �IIII■11U! A11111111■11 it 111111111111111 17711 _4101 :�_�,�111111 Illi moo 1- 11/4 MOM R-4; R -P, !11■11 Iii1.111111111i M-1 1 I- H 111111111 II R -2,C -Z U11 H 11111 11111/111 up, Ii1ll I C`2,C ZJ &t4 *de 4s, • rmi 1■ -r 4,. R-4, R -P 4 N C=2 M-1 C2;C=Z IE SE of 205 Frankliln Street Rezone R-3 to C -P Central Holdings, LLC Page 55 of 300 Rezoning Request — Adjacent to 205 Franklin Street Looking at 222 Walnut Street which would be demolished and rezoned to "C -P" Planned Commercial District. Looking at the parking lot to the east of 222 Walnut Street that would be demolished and rezoned to "C -P" Planned Commercial District. 222 Walnut Street. Standing at the intersection of East 2nd Street and Walnut Street looking at the parking lot adjacent to 222 Walnut Street. Page 56 of 300 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as August 21, 2017 to approve a request by Central Property Holdings, LLC for a Site Plan Amendment to the "C -P" Planned Commercial District to allow for the construction of a 26,077 square foot grocery store near the intersection of Franklin and East 2nd Streets, and instruct City Clerk to publish notice. City Council Meeting: 8/7/2017 Prepared: 8/2/2017 REVIEWERS: Department Planning & Zoning Clerk Office ATTACHMENTS: Description o Application o Staff Report o Aerial Image o Overview Map o Supermarket Plan SUBJECT: Submitted by: Recommended Action: Reviewer Schroeder, Aric Higby, Nancy Action Approved Approved Type Cover Memo Cover Memo Cover Memo Cover Memo Cover Memo Date 8/2/2017 - 11:14 AM 8/2/2017 - 11:25 AM Resolution setting date of public hearing as August 21, 2017 to approve a request by Central Property Holdings, LLC for a Site Plan Amendment to the "C -P" Planned Commercial District to allow for the construction of a 26,077 square foot grocery store near the intersection of Franklin and East 2nd Streets, and instruct City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning & Development Director Approval Resolution setting date of hearing as August 21, 2017 to approve Request by Central Property Holdings, LLC for a Site Plan Amendment to the "C- P" Planned Commercial District to allow for the construction of a 26,077 SF grocery store near the intersection of Franklin and East 2nd. and instruct City Clerk to publish notice. The applicant is proposing to build a 26,077 SF grocery store with 110 parking stalls in the parking lot in addition to 23 additional parking stalls on E 2nd street if the request for a variance to parking restrictions that is a separate request is approved. The site is zoned "C -P" Planned Commercial District and "R-3" Multiple Residence District with the applicant requesting to Page 57 of 300 Summary Statement: rezone the "R-3" to "C -P" in a separate request. The "C -P" Planned Commercial District is intended and designed to provide a means for the residential and compatible commercial development of tracts of land on a unit basis, allowing greater flexibility and diversification of land uses and building locations than conventional single lot method. The "C -P" District allows any use permitted in a "C-1" or "C-2" commercial district other than delayed deposit service uses, which is compatibly designed and deemed an appropriate commercial use to the surrounding development. The site in question is not located in alcohol overlay district. The Zoning Ordinance requires that a grocery store and other retail stores that are between 5,000 and 50,000 square feet provide one parking space for every two hundred fifty (250) of floor area which works out to 104 parking stalls. According to drawings provided the applicant intends to provide 133 parking stalls 29 more than is required although 23 of those will be on East 2nd via an appeal that will be heard separately. The proposed building facade is made up of Face Brick, Pigmented Rock - Face Block, Nichiha Panels, Metal Panels, Aluminum Entrance Framing, Metal Coping, and Metal Canopies. At their August 1st, 2017 the Planning, Programming and Zoning Commission voted unanimously to recommend the approval of the Site Plan Amendment. Expenditure Required: None Source of Funds: None required Policy Issue: Zoning and Land Use Legal Descriptions: Lots 2 and 3 of Waterloo RX First and Franklin Subdivision; And also, Lots 17 and 18 of Block 64 of Cooley Addition; And also, that part of the 20 foot alley as platted in Block 64 of Cooley Addition lying Southeasterly of a Southwesterly extension of the Northwesterly line of Lot 17 of Block 64 of Cooley Addition and lying Northwesterly of a Southwesterly extension of the Southeasterly line of Lot 18 of Block 64 of Cooley Addition, all in the City of Waterloo, Black Hawk County, Iowa. Page 58 of 300 APPLICATION SITE PLAN AMENDMENT TO A "R -P", "M -P", "C -P", "B -P", "S-1" OR "C -Z" DISTRICT CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION, WATERLOO, IOWA 319.291.4366 New or Overall Amendment Individual Building Minor change (check one) (Minor Change must be approved by staff) 1. APPLICATION INFORMATION: a. Applicant's name (please print): Central Property Holdings, LLC c/o Eric W, Johnson Address: 620 LaFayette St. Phone: 319-234-1766 Fax: 319-234-1225 City: Waterloo State: iA Zip: 50703 b, Status of applicant: (a) Owner (b) Other x (CHECK ONE): If other explain: proposed purchaser c. Property owner's name if different than above (please print): See attached Exhibit "A"Address: Phone:_ Fae: City; — State: Zip: 2. PROPERTY INFORMATION: a. General location of site plan to be amended: E 2nd St W rl IA b. Legal description of property or portion to be amended: See attached Exh i bit LB1I c. Dimensions of proposed site plan amendment: d. Area of proposed site plan amendment: e. Current zoning: F. Reason(s) for site plan amendment and proposed use(s) of properly: grocery store g, Conditions (if any) agreed to (does not affect existing conditions unless specified): h. Other pertinent information (use reverse side if necessary): Please Note: If applicant is not the owner of the property, the signature of the owner must be secured, if it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process (separate from site plan amendment request). The filing fee of $200 (for new or overall amendment), $100 (for individual Building), or $0 (for minor change) (payable to the City of Waterloo) is required. This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process, with a new filing fee, If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning, Programming, and Zoning Commission until four (4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the property in question in regards to the request. 7�Ir�f1 Signatur Applicant Rodney A. Date Signature of Owner Date Anderson Page 59 of 300 REQUEST: APPLICANT(S): GENERAL DESCRIPTION: SURROUNDING LAND USES AND IMPACT ON NEIGHBORHOOD: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN AND COMPLETE STREETS POLICY: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: BUFFERS/ SCREENING/ LANDSCAPING REQUIRED: DRAINAGE: August 1, 2017 Request for a Site Plan Amendment to the "C -P" Planned Commercial District to allow for the construction of a 26,077 SF grocery store near the intersection of Franklin and East 2nd Central Property Holdings, LLC c/o Eric W. Johnson 620 Lafayette Street Waterloo, IA 50703 The applicant is requesting to construct a new 26,077 SF grocery store. The request to construct the Grocery Store would not appear to have a negative impact on the neighborhood as will be located next to CVS Pharmacy, will be a small format store, and will bring a regular grocery store to a neighborhood that currently does not have one. The request would not appear to have a negative impact on vehicular or pedestrian traffic movements in the area. The area is served by Logan and Franklin which are classified as Other Principal Arterials; 1St/Mullan which are classified as Collectors; and Walnut, Pine, and East 2nd which are classified as Local Streets. All streets in the area have sidewalks and a new trail is being constructed as part of the US Highway 63 project that is currently under construction. Park Avenue which is two blocks away is having bike lanes added. The area of the proposed site is zoned "C -P" Planned Commercial District which was rezoned from "C-2" Commercial District with the adoption of ordinance 5093 on February 20, 2012 and "R-3" Multiple Residence District which the applicant is requesting to rezone to "C -P" Planned Commercial District in a separate request, neighboring zoning and uses are as follows : North — Commercial Development zoned "C -P" Commercial District. South — Residential and Commercial Development zoned "C- 2" Commercial District East — Residential zoned "R-3" Multiple Residence District. West — Commercial Development and Residential zoned "C- 2" Commercial District No Buffers will be required. It will be necessary that a storm water detention plan is submitted to the Engineering Department for review and SPA near intersection of East 2'd and Franklin — 26,077 grocery store Page 1 of Page 60 of 300 DEVELOPMENT HISTORY: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: August 1, 2017 approval. The proposed request would not appear to have a negative impact upon drainage in the area if proper storm water detention techniques are put in place. The CVS Pharmacy to the north was built in 2012; to the east is single family homes built between 1885 and 1924, and a multifamily building built in 1922; to the south is residences built between 1895 and 1922, a commercial business built in 2003, and a fire station; and to the west commercial businesses built between 1917 and 2003. The site in question is located in Zone X protected by levee as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0189F, dated July 18, 2011. Lincoln Park is located 3 blocks to the southeast. East High School is located 0.5 miles to the east There is a 4" Drain Tile, 8" Sanitary Sewer Line, and 24" Storm Sewer in Walnut Street; 27" Storm Sewer in East 2nd, and 10" Sanitary Sewer and 30" Storm Sewer under Franklin. The Future Land Use Map designates this area as Mixed Residential Low, Medium, High Density Residential, Professional Office, and Neighborhood Commercial. The proposed use appears to be compatible with the comprehensive plan. The applicant is proposing to build a 26,077 SF grocery store with 110 parking stalls in the parking lot in addition to 23 additional parking stalls on E 2nd street if the request for a variance to parking restrictions that is a separate request is approved. The site is zoned "C -P" Planned Commercial District and "R-3" Multiple Residence District with the applicant requesting to rezone the "R-3" to "C -P" in a separate request. The "C -P" Planned Commercial District is intended and designed to provide a means for the residential and compatible commercial development of tracts of land on a unit basis, allowing greater flexibility and diversification of land uses and building locations than conventional single lot method. The "C -P" District allows any use permitted in a "C-1" or "C-2" commercial district other than delayed deposit service uses, which is compatibly designed and deemed an appropriate commercial use to the surrounding development. The site in question is not located in alcohol overlay district. The Zoning Ordinance requires that a grocery store and other retail stores that are between 5,000 and 50,000 square feet provide one parking space for every two hundred fifty (250) of floor area which works out to 104 parking stalls. According to drawings provided the applicant intends to provide 133 parking stalls 29 more than is required although 23 of those SPA near intersection of East 2'd and Franklin — 26,077 grocery store Page 2 of Page 61 of 300 STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: August 1, 2017 will be on East 2nd via an appeal that will be heard separately. The proposed building facade is made up of Face Brick, Pigmented Rock -Face Block, Nichiha Panels, Metal Panels, Aluminum Entrance Framing, Metal Coping, and Metal Canopies. At Tech Review on July 25th it was suggested that the loading dock be moved to the north side of the building in order to avoid the issues with attempting a vacate of Clay Street. There is no platting required for this request. Therefore, staff recommends that the request for site plan amendment in the "C -P" Planned Commercial District and "R- 3" Multiple Family District, near the intersection of Franklin and East 2nd for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area. 2. The request would not appear to have a negative impact upon pedestrian and traffic conditions within the surrounding area. 3. New development will bring new shopping opportunities to an area that currently does not have a full line grocery store nearby and could be considered a food desert. 4. It will further the efforts to revitalize the Walnut District. And with the following conditions(s): 1. That the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, screening, drainage, etc. SPA near intersection of East 2'd and Franklin — 26,077 grocery store Page 3 of Page 62 of 300 City of Waterloo Planning, Programming and Zoning Commission August 1, 2017 SE of 205 Frankliln Street Site Plan Amendment Request Central Holdings, LLC Page 63 of 300 City of Waterloo Planning, Programming and Zoning Commission August 1, 2017 c-2,=17 o C-2 uu \N C -2,C -Z EEMI 211: E1111/1111 1■ Eml imam l \ _ „" AIME _ 1usirig 11`' 1111■ Illll�i -G t -,� 11—� i R 2 a ■ �r lei �' ir?T '4 i 41111'1• t7._R4�! C-2 R-2 R -2,C -Z -1111111■! ::11111111111 !1111111■1111 7 M-1 !!IUII IIIc 411111111/ M-1 44, 4I. C-2*4 �� .v:�;•., 4l` Q ion Ti4"la 111411 7QJ mi P� 1*# sy FS 1 1. 111111111 1 R -2,C -Z ■ 111111111 Ror ■ ■111 `I. 1111! r •• AIN j R-3 • 1t4svii.laufF ME 9t•• R-3, R -P .j • • R -4,R -P ../ ,� C-2 ♦� 7 C;2;C-Z\ 4181 SE of 205 Frankliln Street Site Plan Amendment Request Central Holdings, LLC Page 64 of 300 w F i 4 10 r4..ir F. 7 s)4:35 Atkitt. 61. - • i 6 44' • parkof % r 4 ,S ~~ . CVS STORE PROPOSED STORMWATER RETENTION • , • CVS EXISTING STORMWATER RETENTION 133 PARKING STALLS 11110[10 PROPOSED SUPERMARKET 26,077 Sf d fir 11:1 7 E. 2nd ST. +r: 'I 80 TH11IIIII ?') rio 47 5 iff .wee IIlU. 1 ;� r _ PROPOSED SITE PLAN = 1001- 0" 145 STALLS PROVIDED ARCHITECTURE P.O. Box 1240 Cedar Falls, IA 50613 319.277.5636 319.277.5639 fax www.leviarchitecture.com ©Copyright 2017 Drowings & specifications, ideas, designs, & arrangements represented are & shall remoin the property of the architect & no part shall be copied or disclosed to others a used in connection with any Irak a project other than the specified project for which they have been prepared without the written consent of the architect. Visual contact with these drawings & specifications shall constitute conclusive evidence of acceptance of these restrictions. Franklin Street Waterloo, Iowa Proposed Site Plan Date: July 7, 2017 Franklin Street Supermarket Waterloo - 26,077 Square Feet An ARCHITECTURE Page 66 of 300 Franklin Street Supermarket Waterloo - 26,077 Square Feet An ARCHITECTURE Page 67 of 300 Franklin Street Supermarket Waterloo - 26,077 Square Feet Metal Panels Face Brick Nichiha Panels Pigmented Rock -Face Block A\I ARCHITECTURE Metal Canopy Page 68 of 300 HI Aluminum Entrance Framing Metal Coping E.I.F.S. Metal Canopy CITY OF WATERLOO Council Communication Resolution setting date of public hearing as August 21, 2017 to vacate, sell, and convey a portion of an alley generally located northwesterly of East 2nd Street between Franklin Street and Walnut Street, to Central Property Holdings, LLC in the amount of $1.00, and instruct City Clerk to publish notice. City Council Meeting: 8/7/2017 Prepared: 8/2/2017 REVIEWERS: Department Reviewer Action Date Planning & Zoning Schroeder, Aric Approved 8/2/2017 - 11:34 AM Clerk Office Higby, Nancy Approved 8/2/2017 - 12:22 PM ATTACHMENTS: Description Type ❑ Alley Vacate Black 64, Lots 17 and 18 Cover Memo ❑ Legal Description Cover Memo SUBJECT: Submitted by: Resolution setting date of public hearing as August 21, 2017 to vacate, sell, and convey a portion of an alley generally located northwesterly of East 2nd Street between Franklin Street and Walnut Street, to Central Property Holdings, LLC in the amount of $1.00, and instruct City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning & Development Director Recommended Action: Approval Transmitted is a request to set the date of Public Hearing as August 21, 2017 to vacate, sell, and convey a portion an alley, located adjacent to Summary Statement: Lots 17 and 18 within Block 64 of the Cooley Addition to Central Property Holdings, LLC in the amount of $1.00. This will make additional property available for a grocery store development. Expenditure Required: N/A Source of Funds: N/A Policy Issue: Policy 1, 2 and 4 regarding Economic Development Alternative: N/A Legal Descriptions: That part of the 20 foot alley as platted in Block 64 of Cooley Addition lying Southeasterly of a Southwesterly extension of the Northwesterly line of Lot 17 of Block 64 of Cooley Addition and lying Northwesterly of a Southwesterly extension of the Southeasterly line of Lot 18 of Block 64 of Page 69 of 300 Cooley Addition, City of Waterloo, Black Hawk County, Iowa. Page 70 of 300 REQUEST: APPLICANT(S): GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN and COMPLETE STREETS POLICY. ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: August 1, 2017 Request by Central Property Holdings, LLC to vacate an alley northeast of the Franklin Street and E 2nd Street intersection, in Block 64, adjacent to Lots 17 and 18 of the Cooley Addition, and located adjacent to 222 Walnut Street. Central Property Holdings, LLC 620 Lafayette Street Waterloo, Iowa 50703 The applicant is requesting to vacate a portion of an alley in Block 64, adjacent to Lots 17 and 18 of the Cooley Addition, and located adjacent to 222 Walnut Street. The request to vacate the alley would not have a negative impact on the surrounding neighborhood as the alley only extends120 feet into Block 64, the remainder of the alley was vacated in 1986, and if it could be extended would dead end at the CVS parking lot at 205 Franklin Street. The alley currently serves as access to a women's shelter and parking lot for an apartment complex across the street. However, both properties are proposed to be purchased by the applicant to be incorporated into the proposed grocery store development. The request to vacate the alley would not appear to have a negative impact on vehicular or pedestrian traffic conditions. There are interconnecting sidewalks in the area. There are interconnecting sidewalks, but there are no recreational trails in the immediate vicinity. A proposed trail is planned as part of the US Hwy 63 reconstruction project, and it will be located one block west along the west side of Hwy 63. The site is currently zoned "C -P" Planned Commercial District and "R-3" Multiple Residence District. The "C -P" Planned Commercial District area was rezoned from "C-2" Commercial District on February 20, 2012 and the "R-3" Multiple Residence District has been zoned "R-3" since the adoption of the Zoning Ordinance in 1969, and is currently proposed to be rezoned to "C -P" Planned Commercial District. North — Commercial and Residential, and zoned "C -P" Planned Commercial District and "R-3" Multiple Residence District South — Commercial and Residential, and zoned "C-2" Commercial District East — Commercial and Residential, and zoned "R-3" Multiple Residence District West — Commercial and Residential, and zoned "C-2" Vacate Alley in Block 64 (Lots 1,2,17, and 18) of the Cooley Addition l egle f731 of 300 BUFFERS REQUIRED/ NEEDED: DRAINAGE: DEVELOPMENT HISTORY: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION August 1, 2017 Commercial District and "R-3" Multiple Residence District The request would not require any buffering by ordinance standards. The proposed vacate of the alley would not appear to have a negative impact on drainage in the area. There is an existing drainage basin across from the 205 Franklin Street (CVS) that will be expanded to improve drainage conditions for the area and address drainage requirements for the proposed grocery store. The surrounding area is principally commercial and residential with structures built between 1892 to present with a majority built between the 1920's to present. This area is located in Zone X: Protected by Levee as indicated by the Flood Insurance Rate Map No. 19013C0189F. East High School is located approximately 1/4 mile to the southeast. There are no known utilities located along the alley that is proposed to be vacated. However, under East 2nd Street there is a 27" storm sewer line and 8" sanitary sewer line. Under Franklin Street there is a 30" storm sewer line and 15" sanitary sewer line. Under Walnut Street there is a 24" storm sewer line, 4" drainage tile, and 15" sanitary sewer line. The Future Land Use Map designates the area as Mixed Residential: Low, Medium, and High Density Residential, Professional Offices, and Neighborhood Commercial. This request would be in compliance with such designation. The site is also located within the Primary Growth Area as designated on the Growth Area Map within the Comprehensive Plan. The request to vacate a portion of an alley in Block 64, adjacent to Lots17 and 18 of the Cooley Addition would not appear to negatively affect the area or traffic conditions. The alley only extends 120 feet into the Block, and if it could be extended would dead end at the CVS parking lot at 205 Franklin Street. The majority of the alley was vacated on January 1, 1986. Central Property Holdings, LLC as part of a grocery store development project is also submitting applications for a rezone request, appeal to permit parking in the city right-of- way, and site plan amendment request. Vacate Alley in Block 64 (Lots 1,2,17, and 18) of the Cooley Addition PPege f732 of 300 ORDINANCE: STAFF RECOMMENDATION: August 1, 2017 There would be no platting required in relation to the request. Therefore, staff recommends the request to vacate a portion of an alley in Block 64 of the Cooley Addition, and comprising of approximately 2,400 SF be approved for the following reasons: 1 The request to vacate would not appear to have a negative impact on the surrounding area, and would help prompt infill development. 2 The request to vacate would not appear to have a negative impact on vehicular or pedestrian traffic in the area. 3 The request to vacate will accommodate the redevelopment of the site, and create infill development in the Primary Growth Area. Vacate Alley in Block 64 (Lots 1,2,17, and 18) of the Cooley Addition F eg3e f733 of 300 City of Waterloo Planning, Programming and Zoning Commission August 1, 2017 SE of 205 Frankliln Street Vacate Request Central Holdings, LLC Page 74 of 300 \ NO � s „�i�= -'. k 111-, �// PS- 7-..„ 75 37.5 0 75 °�fer/oo �� IFeec City of Waterloo Planning, Programming and Zoning Commission August 1, 2017 MLI LL 111 'C72;C=Z —' 0 CD LL C- M -1 J I I I I I I I I L_L_LLL_i_ jj_L- \ C -Z C-2, 111� II •:n I11111ii 11.■ 111 U !I toil �IIII■11U! A11111111■11 it 111111111111111 17711 _4101 :�_�,�111111 1111 moo 1- 11/4 MOM R-4; R -P, !11■11 Iii1.111111111i M-1 1 I- H 111111111 II R -2,C -Z U11 H 11111 11111/111 up, Ii111 I C`2,C ZJ &t4 *de 4s, • rmi 1■ -r 4,. R-4, R -P 4 N C=2 M-1 C2;C=Z IE SE of 205 Frankliln Street Vacate Request Central Holdings, LLC Page 75 of 300 orior:iis,,e. 01.4 w . 4 !.i41114t,4 1k Itil I y t rtt • 4 E. 2nd ST. 100 it gally p 'AC tor it 26M.07 U u H 133 PARKING STALLS r CVS Slot kyl 0 PROPOSED STORMWATER RETENTION CVS EXISTING \STORMWATER RETENTION PROPOSED SUP[RMARI([T 26,077 Sf i}4 Proposed Vacate of Alley NJ • . L} 7.1 ..0 47 83 PROPOSED SITE PLAN ;aa6bo = loo' -o" 145 STALLS PROVIDED T ARCHITECTURE P.O. Box 1240 Cedar Falls, IA 50613 319.277.5636 319.277.5639 fax www.leviarchitecture.com ©Copyright 2017 Drawings & specifications, ideas, designs, & arrangements represented ore & shall remain the property of the architect & no port shall be copied or disclosed to others or used in connection with any work a project other than the specified project for which they have been prepared without the written consent of the architect. Visual contact with these drawings & specifications shall constitute conclusive evidence of acceptance of these restrictions. Franklin Street Waterloo, Iowa Proposed Site Plan Date: July 7, 2017 Vacate Request — Adjacent to 205 Franklin Street Looking northwest from East 2nd Street at the alley requested to be vacated. Looking southeast towards East 2nd Street at the alley requested to be vacated. There is a utility pole in the alley, however, there are no utilities on the pole. Page 77 of 300 City of Waterloo Planning & Zoning Department 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 Q Offer to Vacate and Purchase City Right -of -Way ❑ Request to Vacate Easement, Vacate Sidewalk, or Encroachment Agreement U Sale of City -Owned Property Central Property Applicant:_ lrlings, LLC Address620 LaFayette St. c/o Eric W. Johnson Waterloo, I A 50703 General Description of Property to Vacated (i.e.- alley between A St. & B St., South of C St.): Unvacated alley portion northwesterly of E 2nd St. running through Block 64 of The Cooley Addition, more particularly shown on attached Exhibit "A" Legal description of area to be conveyed, vacated, or encroached: See attached Exhibit "B" Phone No.: ( 319 ) 234-1766 1, A non-refundable filing fee(s) shall be made as follows (checks payable to City of Waterloo): • Right-of-way vacation — One Hundred Seventy Five Dollar ($175.00) Filing Fee • Easement or sidewalk vacation — Seventy Five Dollar ($75.00) Filing Fee • Encroachment — One Hundred Dollar ($100.00) Filling Fee • Sale of city -owned property not required to be vacated — No Fee • Any request not meeting the Sale of Property Policy -- One Hundred Dollar ($100.00) Fee 2, Offer Price*[Note: If the offer price meets the Sale of Property Policy (see attached) the request will not be required to be reviewed by the Building & Grounds Committee.] • Asking price (see attached Sale of Property Policy for how calculated): • Deductions • May decrease price by 50% for area located within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs (8 yrs inside of the CURA): • Costs (surveying & misc., demolition, remove of curbs, etc): Asking price — Deductions = Value of Property: Offer Price for Entire Arca: Note: The above information is a summary of the Sale of Property Policy (see attached). All requests to vacate and purchase City right-of-way must be accompanied by a signed "Intent to Vacate" form for each abutting property to the area to be vacated. Any request that fails to meet the Sale of Properly Policy shall not be forwarded to the Building and Grounds Committee or City Council. Any such applicant shall need to request review to Building and Grounds through a City Council member. 3, Publication and Recording Cees*: At the time a buyer(s) has been selected, all publication costs and recording fees must be paid by the applicant. Applicant shall be responsible for collecting from other buyers. 4. Easement*: The following easement shall be retained: 5. Other: Please provide a site plan and/or aerial photo of the area to be vacated if the request involves additional construction as the reason for the request. At, 4[1.1 Applicant /odney '. Anderson D 7_ ate *Not required for easement vacates sidewalk vacates or Encroachment Agreements Page 78 of 300 Description — rezone area: Lots 17 and 18 of Block 64 of Cooley Addition, City of Waterloo, Black Hawk County, Iowa. Description — alley vacate: That part of the 20 foot alley as platted in Block 64 of Cooley Addition lying Southeasterly of a Southwesterly extension of the Northwesterly line of Lot 17 of Block 64 of Cooley Addition and lying Northwesterly of a Southwesterly extension of the Southeasterly line of Lot 18 of Block 64 of Cooley Addition, City of Waterloo, Black Hawk County, Iowa. Page 79 of 300 CITY OF WATERLOO Council Communication Recommendation of appointment of Margaret Howard-Heretakis to the position of Project Specialist for the Community Development Department effective August 8, 2017. City Council Meeting: 8/7/2017 Prepared: 7/21/2017 REVIEWERS: Department Community Development Community Development Community Development SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Reviewer Higby, Nancy Merfeld, Anita Even, LeAnn Action Rejected Approved Approved Date 7/27/2017 - 5:46 PM 7/27/2017 - 5:50 PM 8/2/2017 - 2:23 PM Recommendation of appointment of Margaret Howard-Heretakis to the position of Project Specialist for the Community Development Department effective August 8, 2017. Submitted By: Rudy D. Jones, Community Development Director request approval The Human Resources Committee approved filling this vacancy. Salary of $46,176 @ 22.20 per hour CDBG Funds Page 80 of 300 CITY OF WATERLOO Council Communication Motion to approve Application for Vehicle for Hire Business License for All Star Taxi, 1038 Riehl Street, Apt. 3, Waterloo. City Council Meeting: 8/7/2017 Prepared: 8/2/2017 REVIEWERS: Department Reviewer Action Date Clerk Office Higby, Nancy Approved 8/2/2017 - 1:52 PM SUBJECT: Motion to approve Application for Vehicle for Hire Business License for All Star Taxi, 1038 Riehl Street, Apt. 3, Waterloo. Page 81 of 300 CITY OF WATERLOO Council Communication Motion to approve Cigarette/Tobacco/Nicotine/Vapor Permit Application for Jim's Food, 437 Sullivan Avenue, Waterloo. City Council Meeting: 8/7/2017 Prepared: REVIEWERS: Department Reviewer Action Date Clerk Office Higby, Nancy Approved 8/2/2017 - 1:54 PM SUBJECT: Motion to approve Cigarette/Tobacco/Nicotine/Vapor Permit Application for Jim's Food, 437 Sullivan Avenue, Waterloo. Page 82 of 300 CITY OF WATERLOO Council Communication Motion to approve Cigarette/Tobacco/Nicotine/Vapor Permit Application for United Mart Inc., dba West Side Liquor, 919 W. 5th Street, Waterloo. City Council Meeting: 8/7/2017 Prepared: REVIEWERS: Department Reviewer Action Date Clerk Office Higby, Nancy Approved 8/2/2017 - 1:54 PM SUBJECT: Motion to approve Cigarette/Tobacco/Nicotine/Vapor Permit Application for United Mart Inc., dba West Side Liquor, 919 W. 5th Street, Waterloo. Page 83 of 300 CITY OF WATERLOO Council Communication Bonds City Council Meeting: 8/7/2017 Prepared: REVIEWERS: Department Reviewer Action Date Engineering Higby, Nancy Approved 8/2/2017 - 1:55 PM ATTACHMENTS: Description Type ❑ Bonds for Council Approval Backup Material SUBJECT: Bonds. Page 84 of 300 BONDS FOR COUNCIL APPROVAL AUGUST 7, 2017 RIGHT OF WAY CONSTRUCTION BOND AMOUNT $15,000.00 95BA G306 0 IOWA FLATWORKS CEDAR FALLS, IA Page 85 of 300 CITY OF WATERLOO Council Communication Request by Cardinal Construction, Inc., for a site plan amendment to the "R -4,R -P" Planned Residence District and "B -P" Business Park District to allow for the designation of four lots as Office/Medical, located at the southeast corner of Ansborough Avenue and West San Marnan Drive. City Council Meeting: 8/7/2017 Prepared: 7/18/2017 REVIEWERS: Department Planning & Zoning Clerk Office Reviewer Schroeder, Aric Even, LeAnn Action Approved Approved ATTACHMENTS: Description Type ❑ Attachments - SPA Designation Cover Memo SUBJECT: Submitted by: Recommended Action: Date 8/2/2017 - 11:53 AM 8/2/2017 - 12:33 PM Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close public hearing and receive and file oral and written comments and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file, consider and pass for the first time an Ordinance amendment to Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10- 4-4, approving a Site Plan Amendment to certain property. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt ordinance. Submitted By: Noel Anderson, Community Planning & Development Director Approval Transmitted herewith is a request by Cardinal Construction for a site plan amendment to the "R -4,R -P" Planned Residence District and "B -P" Business Park District to allow for the designation of one lot as Office/Medical/Restaurant, and three lots as Office/Medical, located at the southeast corner of Ansborough Avenue and West San Marnan Drive. The request would not appear to have a negative impact on vehicular or pedestrian traffic movements in the area. The area is served by West San Marnan Drive and Ansborough Avenue, which are both classified as Minor Arterials. Highway 20 is located along the south side of the subdivision and is classified as a Principal Arterial. There are two ingress/egress points into the subdivision through Bankers Boulevard and Fisher Drive, which can help Page 86 of 300 Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: spread traffic out and alleviate and traffic concerns at Ansborough Avenue and Fisher Drive. The Traffic Operations Department questioned if the applicant can provide a quick estimation of street peak hour traffic difference, in any, if this is approved to see if there is a cumulative impact upon the intersection of Fisher Drive and Ansborough Avenue. The applicant responded that with the use of the lots for office/medical, it should not negatively impact the intersection of Fisher Drive and Ansborough Avenue. If the use of the one lot were for a restaurant, impacts could be more apparent and possibly a study would need to be conducted, however, that would not be known at this time until such, if any development occurs. A 10' recreational trail is located along the south side of Fisher Drive, and there is sidewalk along the south side of Tower Park Drive and west side of Bankers Boulevard. Kwik Star is currently in the process of constructing a new convenience store at the intersection of Fisher Drive and Ansborough Avenue and a carwash directly across the street and there are plans to extend the 10' trail in front of the convenience store. The Future Land Use Map designates this area as Business Park The proposed site plan amendment would be in conformance with the Comprehensive Plan and Future Land Use Map for this area. Business Park uses can include professional offices, commercial and compatible light industrial development. The applicant is requesting to predesignate the uses of four different lots within the Country Club Business Center Addition. One lot along West San Marnan Drive would be designated at office/medical/restaurant, and the other three lots in the middle and easterly side of the business park would be designate as office/medical. The applicant wants to predesignate the lots so when a development comes forth meeting the criteria of the designation, it can simply go through a minor site plan amendment for concurrence before the City Council. None None required Zoning and Land Use, Economic Development. Policy 1, 2 and 4. N/A N/A COUNTRY CLUB BUSINESS CENTER 2ND ADDITION, LOT 2 COUNTRY CLUB BUSINESS CENTER 3RD ADDITION, LOT 3 COUNTRY CLUB BUSINESS CENTER ADDITION, LOT 3, EXCEPT THE EAST 21.99 FEET COUNTRY CLUB BUSINESS CENTER THIRD ADDITION PART OF LOT 2 DESCRIBED AS BEGINNING AT THE NORTHWEST Page 87 of 300 Legal Descriptions: CORNER OF LOT 2 OF SAID ADDITION, THENCE NORTHEASTERLY ALONG THE NORTHLY LINE OF SAID LOT 2 156.50 FEET ALONG ARC OF 330 FEET RADIUS CURVE CONCAVED NORTHLY (CHORD BEARS NORTH 84 DEGREES 45 MINUTES 3 SECONDS EAST 155.03 FEET) THENCE NORTHEASTERLY ALONG ANORTHLY LINE OF SAID LOT 2 149.61 FEET ALONG THE ARC OF A 270 FEET RADIUS CURVE CONCAVED SOUTRLY (CHORD BEARS NORTH 87 DEGREES 2 MINUTES 23 SECONDS EAST 147.71 FEET) THENCE SOUTH 6 DEGREES 27 MINUNTES 58 SECONDS WEST 116.87 FEET THENCE SOUTH 33 DEGREES 40 MINUNTES 26 SECONDS WEST 57.76 FEET THENCE NORTH 73 DEGREES 7 MINUTES 7 SECONDS WEST TO THE WEST LINE SAID LOT 2 235.21 FEET THENCE NORTH 23 DEGREES 7 MINUTES 22 SECONDS WEST ALONG SAID WEST LINE SAID LOT 2 TO POINT OF BEGINNING 80.55 FEET Page 88 of 300 REQUEST: APPLICANT: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN AND COMPLETE STREETS POLICY: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: July 11, 2017 Request for a site plan amendment to the "R -4,R -P" Planned Residence District and "B -P" Business Park District to allow for the designation four lots as Office/Medical Cardinal Construction, Inc., PO Box 897, Waterloo, IA 50704. The applicant is requesting the lot designations in Country Club Business Center Addition, which is located at the southeast corner of Ansborough Avenue and West San Marnan Drive. The request would not appear to have a negative impact on the surrounding neighborhood or land use. The proposed office, medical development would appear to be compatible to already existing commercial, professional office and medical office development in the area. There are some residential uses to the north of West San Marnan Drive, and though it may not be required, some additional landscaping and screening could be planted. The request would not appear to have a negative impact on vehicular or pedestrian traffic movements in the area. The area is served by West San Marnan Drive and Ansborough Avenue, which are both classified as Minor Arterials. Highway 20 is located along the south side of the subdivision and is classified as a Principal Arterial. There are two ingress/egress points into the subdivision through Bankers Boulevard and Fisher Drive, which can help spread traffic out and alleviate and traffic concerns at Ansborough Avenue and Fisher Drive. The Traffic Operations Department questioned if the applicant can provide a quick estimation of street peak hour traffic difference, in any, if this is approved to see if there is a cumulative impact upon the intersection of Fisher Drive and Ansborough Avenue. The applicant responded that with the use of the lots for office/medical, it should not negatively impact the intersection of Fisher Drive and Ansborough Avenue. A 10' recreational trail is located along the south side of Fisher Drive, and there is sidewalk along the south side of Tower Park Drive and west side of Bankers Boulevard. Kwik Star is currently in the process of constructing a new convenience store at the intersection of Fisher Drive and Ansborough Avenue and a carwash directly across the street and there are plans to extend the 10' trail in front of the convenience store and a new sidewalk in front of the carwash for their employees. As mentioned, there is a 10' recreational trail along the south side of Fisher Drive and the area has developed well with a mix of different transportation alternatives ranging from automobile, pedestrian, bicycle and public transit. The area in question was 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 on February 25, 2004. 7_11_17 SPA Designations - SE Corner of Ansborough and San Marnan Dr.docx Page 1 of 3 Page 89 of 300 DEVELOPMENT HISTORY: BUFFERS/ SCREENING/ LANDSCAPING REQUIRED: DRAINAGE: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: July 11, 2017 Surrounding land uses and their zoning designations are as follows: North — Multiple Family Residences and professional office development to the north of West San Marnan Drive, zoned "R - 3,R -P" Planned Residence District. South — Existing professional office and commercial development zoned "C -P" Planned Commercial District and "B -P" Business Park. East — Existing professional office development, zoned "R -4,R -P" Planned Residence District. West — Existing professional office development, zoned "C -2,C -Z" Conditional Zoning District. The area is comprised of commercial and professional office development that was constructed from 2009 to 2017. There is no buffering or screening required as a part of this request. As the lots develop, the builder will need to submit a storm water drainage and detention plan to the Engineering Department prior to issuance of any building permits. No portion of the area in question is located within a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0303F, dated July 18, 2011. Hoover Middle School, Lou Henry Elementary School and Paulsen Park are located approximately a 1/2 mile to the north near the intersection of Rachael Street and Colby Road. There are 8" sanitary sewers and 18" storm sewers that serve the existing subdivision. There are also 12" water mains that serve the subdivision. The Future Land Use Map designates this area as Business Park. The proposed site plan amendment would be in conformance with the Comprehensive Plan and Future Land Use Map for this area. Business Park uses can include professional offices, commercial and compatible light industrial development. The applicant is requesting to predesignate the uses of four different lots within the Country Club Business Center Addition. One lot along West San Marnan Drive would be designated at office/medical/restaurant, and the other three lots in the middle and easterly side of the business park would be designate as office/medical. The applicant wants to predesignate the lots so when a development comes forth meeting the criteria of the designation, it can simply go through a minor site plan amendment 7_11_17 SPA Designations - SE Corner of Ansborough and San Marnan Dr.docx Page 2 of 3 Page 90 of 300 STAFF ANALYSIS — SUBDIVISION ORDINANCE: for concurrence before the City Council. There is no platting required for this request. July 11, 2017 STAFF Therefore, staff recommends that the request for a site plan RECOMMENDATION: amendment in the "R -4,R -P" Planned Residence District and "B -P" Business Park District to designate one lot for office/medical/restaurant and three lots as office/medical be approved, for the following reasons: 1. The request would appear to be compatible with the surrounding area, which is comprised of commercial and professional office development. 2. The request would not appear to have a negative impact upon the surrounding area. 3. The request would not appear to have a negative impact upon vehicular and pedestrian traffic in the area. 7_11_17 SPA Designations - SE Corner of Ansborough and San Marnan Dr.docx Page 3 of 3 Page 91 of 300 City of Waterloo Planning, Programming and Zoning Commission ' July 11, 2017 • •• ME5-1111: - - „No wit 11111 ma Iry A-1 •• -- • INNim IN I111.11.� \11■1I4•\ :77iPIV��ATounn • 11I1i• - murrelati-iii IP 11111■111in R-4 e od- • ortailg �VP TAGE C -2,C -Z R -4,R -P 1 W J A A-1 R -4,R -P -�• MN •- - ■•■■ ■ ■•■■ ■ mum ■n■■ ■ MI ■'■■-• NM INIIM iii• .I■■I. R-2 R-3 R-3= C -P 0 R-4 wol NA, 41 B -P A-1 Southeast Corner of Ansborough Avenue and West San Marnan Drive Site Plan Amendment Cardinal Construction Page 92 of 300 City of Waterloo Planning, Programming and Zoning Commission July 11, 2017 Lot Designation Plan W. SAN MARNAN DR W SAN MARNAN DR, Office/Medical ,Office/Medical Southeast Corner of Ansborough Avenue and West San Marnan Drive Site Plan Amendment Cardinal Construction Page 93 of 300 APPLICATION SITE PLAN AMENDMENT TO A "R -P", "M -P", "C -P", "B -P", "S-1" OR "C -Z" DISTRICT CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION, WATERLOO, IOWA 319.291.4366 New or Overall Amendment Individual Building Minor change (check one) (Minor Change must be approved by staff) 1. APPLICATION INFORMATION: a. Applicant's kerne (please print): Cai'di1 a I (0145119A C.:1- 101el 11 c Address: YO 00i Sq 7 Phone: 311- 23.2- 51000 Fax: City: We 000 State: .1.4 Zip: .34-o1 0 V b. Status of applicant: (a) Owner (b) Other (CHECK ONE): If other explain: c. Property owner's name if different than above (please print): Address: Phone: Fax: Zip: SA +1g' City: State: 2. PROPERTY INFORMATION: a. General location of site plan to be amended: CUkh b. Legal description of property or portion to he amended: Coxid A. A (r a sl 1 %C .1. Ott' i 1 f -..y A dl .7 �] -r‘ 3 ' °t AJJ-' Orv. AXwvvu.Acr (( 'l eol 3, o 2 c. Dimensions of proposed site plan amendment: d. Area of proposed site plan amendment: e. Current zoning: Rif, --9) B --P f. Reason(s) for site plan amendment and proposed use(s) of property: g. Conditions (if any) agreed to (does not affect existing conditions unless specified): h. Other pertinent information (use reverse side if necessary): Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process (separate from site plan amendment request). The filing fee of $200 (for new or overall amendment), $100 (for individual Building), or $0 (for minor change) (payable to the City of Waterloo) is required. This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process, with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning, Programming, and Zoning Commission until four (4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the property in question in regards to the request. Signature of Applicant —/r, Date nature of ncr Date Page 94 of 300 I J Ii WEST SAN ANDRIVE COUNTRY CLUB BUSINESS CENTER ADDITION to WATERLOO, BLACK HAWK COUNTY, IOWA WE LOCATION MAP Page 95 of 300 CC LU Z 0 X00 coCC )- LUwI- ZQ� m0 m I— z U 2 ~ Y CC CI U Z < 0 U CCOaRY ons WATERLOO. BLOCK I1Awrc couhnx 1OF1 Plat Request — Brock Second Addition Looking at the lot along Tower Park Drive just south of west San Marnan Drive that would be designated at office/medical/restaurant. Looking at the vacant lot next to 815 Tower Park Drive to be designated as office/medical. Looking at the vacant lot along the east side of Bankers Boulevard between Tower Park Drive and Fisher Drive to be designated as office/medical. Looking at the vacant lot on the north side of Fisher Drive that would be designated as office/medical. Page 96 of 300 CITY OF WATERLOO Council Communication Sale and conveyance of city owned property generally located northwest of 1318 Martin Road, in the amount of $1.00, to Cardinal Construction, Inc. City Council Meeting: 8/7/2017 Prepared: 8/2/2017 REVIEWERS: Department Planning & Zoning Planning & Zoning Planning & Zoning Clerk Office Reviewer Schroeder, Aric Miller, Adrienne Schroeder, Aric Even, LeAnn ATTACHMENTS: Description D Development Agreement D 12.5 acres N of 1318 Martin Rd SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Action Rejected Approved Approved Approved Type Cover Memo Cover Memo Date 8/2/2017 - 11:06 AM 8/2/2017 - 11:15 AM 8/2/2017 - 11:24 AM 8/2/2017 - 12:28 PM Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral an written comments. Resolution authorizing sale and conveyance of city owned property generally located northwest of 1318 Martin Road in the amount of $1.00, to Cardinal Construction, Inc., and authorize the Mayor and City Clerk to execute said documents. Resolution approving a Development Agreement with Cardinal Construction, Inc., and authorizing the Mayor and City Clerk to execute said agreement. Submitted By: Noel Anderson, Community Planning & Development Director Approval The City of Waterloo is working with Cardinal Construction for their expansion and relocation plans in Waterloo. Cardinal will be constructing a new 5,000 sq. ft. office building and 15,000 sq. ft. industrial building on the site with an estimated value of $1.1 million. The City will be deeding land and offering tax rebates at 5 years at 50% for the project, through the Development Agreement. Costs of sewer infrastructure extension to site - estimated at $200,000 Bond and TIF funds Page 97 of 300 Policy Issue: Policies 1, 2, and 4 in the Strategic Plan dealing with economic development. Alternative: Not approve Background Information: Legal Descriptions: The City acquired this land as a part of the original Denso project development. It has been designated and planned for industrial development, so this project fits well with the goal and surrounding land uses in this area (Fahr, O'Neal, Denso, and Kwik Star blending station coming soon). The Development Agreement would deed 12.5 acres to Cardinal Construction for the project, with only 5.8 acres of that actually out of the floodway. The floodway portions cannot be built upon, and will largely serve for storage of items that can be moved during flooding events, and for storm water detention area. As a part of the site development, Cardinal will be moving fill from the Floodway portions to other portions of site to potentially help flooding controls in area as well. Legal: All that portion of the property described in a Warranty Deed recorded as File Number 2009 00024704 in the Black Hawk County Recorder's Office lying within the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) of Section 32, Township 89 North, Range 13 West of the 5th P.M., in the City of Waterloo, Black Hawk County. Page 98 of 300 Prepared by: Noel Anderson, DEVELOPMENT AGREEMENT 715 Mulberry Street, Waterloo, Iowa 50703 319.291.4366 This Development Agreement is entered into as of , 2017, by and between Cardinal Construction, Inc. (an Iowa Corporation), (the "Company"), and the City of Waterloo, Iowa (the "City"). RECITALS A. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. B. Company is willing and able to finance and construct a building and related improvements on property located in the Martin Road Development Area. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property. On or before August 30, 2017, City shall convey, or cause to be conveyed, to Company the real property described in Exhibit "A" hereto (the "Property") for the sum of $1.00 (the "Purchase Price"). Conveyance shall be by special warranty deed, free and clear of all encumbrances arising by or through City except: (a) easements, conditions and restrictions of record; (b) current and future real estate real property taxes and assessments subject to the agreements made herein; (c) general utility and right-of-way easements serving the Property; and (d) restrictions imposed by the City zoning ordinances, or other applicable law. It is acknowledged that neither the City nor the Company has conducted a Phase] or other environmental study of the Property, which was formerly an acreage and cropland which are believed to have caused minimal environmental impact. Therefore it is agreed that if, within twelve (12) months of conveyance, it is determined that there was a violation of environmental law or regulation at the time of conveyance which is not of the making of 1 Page 99 of 300 the Company, its successors, contractors or agents, then the City will bear the costs of remediation or cleanup and indemnify and hold the Company harmless from such costs, within a scope of remediation consistent with hazards reasonably possible in light of the Property's former use as an acreage and cropland. If remediation is necessary for conditions outside such scope, the parties agree to negotiate in good faith regarding allocation of costs. 2. Improvements by Company. A. New Construction. Company shall construct a building consisting of approximately 5,000 square feet of office and 15,000 sq. ft. of industrial building, and related landscaping, sidewalks, signage and parking improvements (collectively, the "Improvements"). The Improvements shall be constructed in accordance with all applicable City, state, and federal building codes, and shall comply with all applicable City ordinances and other applicable law. It is contemplated that the value added by the improvements will, upon completion, result in an assessed value of no less than $1,100,000.00. The Property, the Improvements, and all site preparation and development -related work to make the Property usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project". B. Floodway Alterations. A portion of the Property lies within the floodway. Company will remove fill from the fioodway area and deposit it on buildable areas of the Property, to raise the elevation of such area. Company may also choose to construct, before the Project Completion Date defined below, a detention pond of a size greater than is necessary to handle storm water runoff from the Project site, to receive surface water flows from other properties in the vicinity. If such a detention pond or system is capable of use by developments other than the Project, then City will negotiate with Company in good faith to compensate Company for its investment in excess capacity of the detention pond. C. Wetland Development. Company may choose to develop, before the Project Completion Date defined below, a wetland area within the floodway area on the Property, and in that event City will work with Company in good faith to identify other current wetland areas along West Ridgeway Avenue that may be suitable for transfer to Company for development purposes. Terms of any transfer may be set forth in a separate development agreement. 3. Timeliness of Construction; Possibility of Reverter. The parties agree that Company's commitment to undertake the Project and to construct the Improvements in a timely manner constitutes a material inducement for the City to extend the development incentives provided for in this Agreement, including but not limited to its commitment to convey the Property to Company, and that without said commitment City would not have done so. Company must obtain a building permit and begin construction no later than twenty-two (22) months after the date of this Agreement (the "Project Start Date"), and construction of Improvements on the Property 2 Page 100 of 300 shall be completed within twelve (12) months of that Project Start Date (the "Project Completion Date"). If, by the Project Start Date, Company has not begun in good faith to begin construction of the Improvements upon the Property, then title to the Property shall revert to the City. If construction has not begun by the Project Start Date, but the development of the Project is still imminent, the City Council may, but shall not be required to, consent to an extension of time for the construction of the Improvements, and if an extension is granted but construction of the Improvements has not begun within such extended period, then the title to the Property shall revert to the City after the end of said extended period. If development has commenced by the Project Start Date or within any extended period and is stopped and/or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company, the requirement that construction is to be completed by the Project Completion Date shall be tolled for a period of time equal to the period of such stoppage or delay, and thereafter if construction is not completed within the allowed period of extension the title to the Property shall revert to the City after the end of said period. In the event of any reverter of title, Company agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter of title. Company shall pay in full, so as to discharge or satisfy, all liens, claims, charges, and encumbrances on or against the Property. Company further agrees that it shall indemnify and hold harmless the City with respect to any demand, claim, cause of action, damage, or injury made, suffered, or incurred as a result of or in connection with the Project, or Company's failure to carry on or complete same, or Company's ownership of the Property. If the City files suit to enforce the terms of this Section 3 and prevails in such suit, then the Company shall be liable for all of the City's legal expenses, including but not limited to reasonable attorneys' fees. 4. Water and Sewer. City will provide water main and sewer main infrastructure to the Property line, and Company will be responsible for extending water and sewer service to any location on the Property that it desires and for payment of any associated connection fees. 5. Property Tax Rebates. Provided that Company has completed the Improvements as set forth herein and has executed the Minimum Assessment Agreement as set forth in Section 6, the City agrees to rebate property taxes (with the exceptions noted below) as follows: a. Year One - 50% rebate b. Year Two - 50% rebate c. Year Three - 50% rebate d. Year Four - 50% rebate e. Year Five - 50% rebate for any taxable value over the January 1, 2017 value of $21,764 (calculated as 5.5 acres from parcel number 8913-32-426-003 which is valued at $2,098.75 per acre for a 3 Page 101 of 300 total of $11,544; and for the entire parcel of 8913-32-426-002 valued at a total of $10,220). Rebates are payable in respect of a given year only to the extent that Company has actually paid general property taxes due and owing for such year. To receive rebates for a given year, Company must, within twelve (12) months after the tax payment due date, submit a completed rebate request to City on the form provided by or otherwise satisfactory to City, otherwise Company will forfeit its right to a rebate for that year. The taxable value of the Property as a result of the Improvements must be increased by a minimum of 10% and must increase the annual tax by a minimum of $500. This rebate program is not applicable to any special assessment levy, debt service levy, or any other levy that is exempted from treatment as tax increment financing under the provisions of applicable law. The first year in which a rebate may be given ("Year One") shall be the first full year for which the assessment is based upon the completed value of the Improvements and not a prior year for which the assessment is based solely upon the value of the land or upon the value of the land and a partial value of the Improvements, due to partial completion of the Improvements or a partial tax year. 6. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other lawful charges whatsoever levied upon or assessed or placed against the Property. Company further agrees that, prior to the date set forth in Section 2 of Exhibit "B", it will not seek or cause a reduction in the taxable valuation for the Property, which shall be fixed for assessment purposes, below the aggregate amount of $1,100,000.00 ("Minimum Actual Value"), through: (i) willful destruction of the Property, Improvements, or any part of either; (ii) a request to the assessor of Black Hawk County; or (iii) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Company agrees to sign the agreement attached as Exhibit "B" at closing. 7. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 4 Page 102 of 300 8. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. Company is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Company is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. C. Company has full right, title, and authority to execute and perform this Agreement and to consummate all of the transactions contemplated herein, and each person who executes and delivers this Agreement and all documents to be delivered to City hereunder is and shall be authorized to do so on behalf of Company. 9. Abstracting. No less than ten (10) days prior to the anticipated date of conveyance, City shall, at its own expense, deliver to Company an updated abstract of title, or in lieu thereof Company may, at its own expense, obtain whatever form of title evidence it desires. If title is unmarketable or subject to matters not acceptable to Company, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Company, Company may terminate this Agreement. 10. Obligations Contingent. Each and every obligation of City under this Agreement is expressly made subject to and contingent upon City's completion of all procedures, hearings and approvals deemed necessary by City or its legal counsel for amendment of the urban renewal plan applicable to the Property and/or project area, all of which must be completed within 180 days from the date this Agreement is approved by the City council. If such completion does not occur, then this Agreement shall be deemed canceled and shall be null and void. 11. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, to Cardinal Construction, Inc., 531 Commercial Street, Suite 700, Waterloo, Iowa 50701, Attention: Gene Leonhart. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days 5 Page 103 of 300 following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. 12. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 13. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 14. Severability. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 15. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 16. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 17. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 18. Entire Agreement. This Agreement, together with the Minimum Assessment Agreement attached hereto as Exhibit "B", constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, 6 Page 104 of 300 discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 19. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized officers as of the date first set forth above. CITY OF WATERLOO, IOWA CARDINAL CONSTRUCTION, INC. By: By. Quentin Hart, Mayor--jd,,, "yr,.5.4:70Qa Title: Attest: Kelley Felchle, City Clerk 7 Page 105 of 300 Legal Description of Property To be platted EXHIBIT "A" 1 Page 106 of 300 EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of this day of , 2017, by and among the CITY OF WATERLOO, IOWA ("City"), Cardinal Construction, Inc. (an Iowa Corporation ("Developer"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Developer have entered into a development agreement (the "Development Agreement") regarding certain real property, described in Exhibit "A" thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Developer will undertake the development of an area ("Project") within the City and within the "Martin Road Development Area"; and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Developer desire to establish a minimum actual value for the land and the building(s) pursuant to this Agreement and applicable only to the Project, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the improvements (the "Improvements") which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the Improvements by the Developer, the minimum actual taxable value which shall be fixed for assessment purposes for the land and Improvements to be constructed thereon by the Developer as a part of the Project shall not be less than $1,100,000.00 ("Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the Improvements will be substantially completed on or before December 31, 2020. 2. The Minimum Actual Value herein established shall be of no further force and effect, and this Minimum Assessment Agreement shall terminate, on December 31, 2030. Nothing herein shall be deemed to waive the Developer's rights under Iowa Code § 403.6, as amended, to contest that portion of any actual value assignment 1 Page 107 of 300 made by the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Developer seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. 3. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 4. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 5. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties. CITY OF WATERLOO, IOWA By: Quentin Hart, Mayor ATTEST: By: Kelley Felchle, City Clerk Cardinal Construction, Inc. Corporation By: Title: Fj esrcy7— STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) On this day of , 2017, before me, a Notary Public in and for the State of Iowa, personally appeared Quentin Hart and Kelley Felchle, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of 2 Page 108 of 300 its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. Notary Public STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Acknowledged before me on 2017 by as of Cardinal Construction, Inc. Notary Public 3 Page 109 of 300 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land, building and equipment upon completion of the development shall not be less than One Million One Hundred Thousand Dollars ($1,100,000.00). Assessor for Black Hawk County, Iowa Date STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on , 2017, by T.J. Koenigsfeld as Assessor for Black Hawk County, Iowa. Notary Public 1 Page 110 of 300 Citic of Waterloo, Iowa W+E Zone AE (100 -Year Floodplain) Approximatelu 12.5 Acres Total 5.8 Acres out of Floodwau . .Paye 111 .ef 3 0 CITY OF WATERLOO Council Communication Sale and conveyance of city owned property generally located located near the CVS Pharmacy at 205 Franklin Street, in the amount of $1.00, to Central Holdings, LLC. City Council Meeting: 8/7/2017 Prepared: 7/21/2017 REVIEWERS: Department Planning & Zoning Clerk Office Reviewer Schroeder, Aric Even, LeAnn ATTACHMENTS: Description ❑ Central Holdings Development Agreement ❑ Site Plan SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Action Approved Approved Type Backup Material Backup Material Date 8/2/2017 - 4:24 PM 8/2/2017 - 6:06 PM Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No Comments on file. Motion to close hearing and receive and file oral and written comments. Resolution authorizing sale and conveyance of city owned property generally located near the CVS Pharmacy at 205 Franklin Street, in the amount of $1.00, to Central Holdings, LLC, and authorize Mayor and City Clerk to execute said documents. Resolution approving a Development Agreement with Central Holdings,. LLC, and authorize Mayor and City Clerk to execute said agreement. Submitted By: Noel Anderson, Community Planning & Development Director Approval The City of Waterloo is working with Central Property Holdings, LLC for another great project along the Franklin Street corridor. This Development Agreement would offer incentives for the purchase of the empty lot next to CVS Pharmacy, sell some city right-of-way alley and street portions, and redevelop the other portions of the block with acquisition of the House of Hope and parking lot properties for the overall betterment of the Walnut Street neighborhood with the development of a new grocery store. The Development Agreement would give a $400,000 grant for the project, work towards acquisition and demolition/relocation of 222 Walnut Street (House of Hope) and parcel 8913-24-308-025, (parking lot), with ten years of rebates at 80% and an 11th year at 25%, for the development of an 18,000 sq. ft. commercial building with a new taxable value of $2.0 million. estimated $950,000 Page 112 of 300 Source of Funds: Policy Issue: Alternative: Background Information: Legal Descriptions: Logan & Nuisance Bond funds and Logan TIF funds This project would meet Strategic Plan goals 1, 2, and 4 dealing with economic development, the creation of tax base, the creation of jobs, and the rejuvenation of neighborhoods. Not approve The CVS Pharmacy built on the former church and school site - creating a great opportunity for new commercial and infill development along the Franklin Street and Highway 63 corridors. The Walnut Neighborhood has been working, through a recent MOU, with the City of Waterloo for new improvements, new housing, and new commercial opportunities near their neighborhood and near Downtown Waterloo. One of their top priorities has been for a grocery store near their neighborhood. Past studies of the area have shown this general area and neighborhood to be classified as a food desert, meaning there is not a ready source of fresh groceries, etc. within a close proximity. This project is for the creation of a new grocery store, with a new taxable value of $2.0 million, next to the CVS Pharmacy. The City would be offering a grant of $400,000 to share in the cost of acquiring the site with the developer, the City is working with House of Hope to acquire their property so they can refurbish their new site on West 4th Street, and the City is working with Dave Larsen to acquire the parking lot at the corner of Walnut and East Second Street to allow him to work on new parking needs for Walnut Court. Te City will further offer tax incentives for the project at 10 years at 80% and an 11th year at 25%, and will be reviewing requests to vacate City right-of-way alleys and streets in the area for the project to properly function. Lots 2 and 3 of Waterloo RX First and Franklin Subdivision; And also, Lots 17 and 18 of Block 64 of Cooley Addition; And also, that part of the 20 foot alley as platted in Block 64 of Cooley Addition lying Southeasterly of a Southwesterly extension of the Northwesterly line of Lot 17 of Block 64 of Cooley Addition and lying Northwesterly of a Southwesterly extension of the Southeasterly line of Lot 18 of Block 64 of Cooley Addition, all in the City of Waterloo, Black Hawk County, Iowa. Page 113 of 300 Prepared by Christopher S. Wendland, P.O. Box 596, Waterloo, IA 50704 Phone (319) 234-5701 DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of , 2017, by and between Central Property Holdings, LLC (the "Company") and the City of Waterloo, Iowa (the "City"). Rodney A. Anderson and Daniel E. Levi are principals of Company and execute the personal guaranty at the end of this Agreement for the purposes stated therein. RECITALS A. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. B. Company is willing and able to undertake, or to cause to be undertaken, the financing and construction of a building and related improvements on property legally described on Exhibit "A-1" (the "Property"), located in the East Waterloo Unified Urban Renewal and Redevelopment Plan Area, formerly known as the Logan Plaza Urban Renewal and Redevelopment Plan Area ("Urban Renewal Area"). C. City believes that the development of the Property in the vital and best interests of the City and in accordance with the public purposes and provisions of the applicable State and local laws and requirements under which the project has been undertaken and is being assisted. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Purchase of Property. Company is purchasing the Property from its current owner. Company shall take all steps necessary or advisable to complete the purchase of the Property and to obtain marketable title thereto as promptly as possible. Page 114 of 300 2. Improvements. Company shall construct a new commercial building consisting of no less than 18,000 square feet and related infrastructure, parking and landscaping (collectively, the "Improvements"), all of which shall be located on the Property. The Improvements shall be constructed in accordance with all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. The Property, the Improvements, and all site preparation and development -related work to make the Property usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project" 3. Timeliness of Construction. The parties agree that Company's commitment to cause the Project to be undertaken and the Improvements to be constructed in a timely manner constitutes a material inducement for the City to extend the development incentives provided for in this Agreement, and that without said commitment City would not have done so. Company must begin construction of Improvements on the Property within six (6) months after the date of this Agreement, and construction of Improvements must be completed within twelve (12) months thereafter (the "Project Completion Date"). If Company has not obtained a building permit and begun in good faith the construction of the Improvements on the schedule set forth above, this Agreement may be cancelled at the sole option of City. If development has commenced but is stopped and/or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company, the requirement that construction is to be completed by the Project Completion Date shall be tolled for a period of time equal to the period of such stoppage or delay, and thereafter if construction is not completed within the allowed period of extension the City may terminate this Agreement following the failure of Company to diligently undertake construction within thirty (30) days following written notice of default from City to Company. If at any time Company fails to diligently undertake construction and other activities necessary for completion of the Project, then City may terminate this Agreement following the failure of Company to resume and diligently carry on construction within thirty (30) days following written notice of default from City to Company. 4. Development Grant; Contingent Repayment; Security. Concurrently with closing on Company's purchase of the Property, City will provide a payment of $400,000.00 (the "Grant") to assist Company with acquisition of the Property. The payment will be made on Company's behalf to the seller of the Property. If Company fails to complete the Project as required by Sections 2 and 3, then the Grant will be repayable to City in full, with interest thereon at the rate of six percent (6%) per annum, compounded monthly, from and after the date of disbursement and continuing until repaid in full. As security for repayment of the Grant, Company shall either (a) provide a mortgage against the Property to City, which City agrees to subordinate to any mortgage for acquisition or construction financing, or (b) obtain and keep in force one or more performance bonds in the amount of not less than $2,000,000.00 and one or more payment bonds that guarantee the timely payment of all materials, services and labor. If Company elects to maintain performance and payment bonds, then certificates or copies of said bonds shall be delivered to City before City disburses the Grant 2 Page 115 of 300 payment to Company, and until Project completion Company will not do or omit the doing of any act which would vitiate any bond. 5. Utilities. Company will be responsible for extending water, sewer, telephone, telecommunications, electric, gas and other utility services to any location on the Property and for payment of any associated connection fees. 6. Minimum Assessment Agreement. Company acknowledges and agrees that it, or any successor in title to the Property, will pay when due all taxes and assessments, general or special, and all other lawful charges whatsoever levied upon or assessed or placed against the Property. For itself and each of its successors in title to the Property, Company further agrees that, prior to the date set forth in Section 2 of Exhibit "B", neither it nor any successor in title will seek or cause a reduction in the taxable valuation for the Property, which shall be fixed for assessment purposes, below the amount of $2,000,000.00 (the "Minimum Actual Value"), through: (i) willful destruction of the Property, Improvements, or any part of either; (ii) a request to the assessor of Black Hawk County; or (iii) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Company agrees to sign the agreement attached as Exhibit "B" concurrently with execution of this Agreement. 7. Tax Rebates. Provided that the Improvements have been completed as set forth herein, and provided that Company has executed the Minimum Assessment Agreement as set forth in Section 6, City agrees to rebate property tax annually (with the exceptions noted below) for any taxable value over the January 1, 2016 value of $48,130 for the Property, as follows: Years 1-10 Year 11 80% 25% Rebates are payable in respect of a given year only to the extent that general property taxes due and owing for the Property for such year have actually been paid. To receive rebates for a given year, Company must, within twelve (12) months after the tax payment due date, submit a completed rebate request to City on the form provided by or otherwise satisfactory to City, or the rebate will be forfeited at City's option. The first year in which a rebate may be given ("Year 1") shall be the first full year for which the assessment is based on the completed value of the Improvements and not a prior year for which the assessment is based solely on the value of the land or on the value of the land and a partial value of the Improvements, due to partial completion of the Improvements or a partial tax year. 3 Page 116 of 300 The assessed value of the Property as a result of the Improvements must be increased by a minimum of 10% and must increase the annual tax by a minimum of $500.00. This rebate program is not applicable to any special assessment levy, debt service levy, or any other levy that is exempted from treatment as tax increment financing under the provisions of applicable law. 8. Purchase Option. In the event that Company desires to construct an additional project of equivalent or greater value on the Property, and provided that (a) City has acquired title to adjacent properties identified as assessor parcel nos. 8913-24- 308-006 and 8913-24-308-025 (the "Expansion Parcels") and legally described as set forth on Exhibit "A-2", then Company shall have an option (the "Option") to purchase the Expansion Parcels for the sum of $1.00, provided that Company shall enter into a minimum assessment agreement with respect to said project that provides for additional value of no less than $500,000.00. The Option may be exercised at any time on or before the fourth (4th) anniversary of the date of this Agreement by delivery of written notice of exercise to City. Within ten (10) days following delivery of the Option notice, the parties shall execute a written purchase agreement in form acceptable to City. Closing shall occur on a date to be agreed upon by the parties following delivery of the Option notice, which date shall be within sixty (60) days of delivery of the Option notice. Other terms and conditions of the closing shall be as specified in the purchase agreement, but in any event shall include as a condition to closing City's determination that Company's plans for additional Improvements satisfy the requirements of this Section and would meet other development criteria substantially similar to the Project criteria set forth in this Agreement. 9. Other City Assistance. City will review the feasibility of allowing additional on -street parking in areas abutting or near the Property. City will also proceed in good faith to evaluate opportunities for appropriate use of additional land for the Project or in support of the Project by means of vacating streets, alleys or public right of way. Any such public lands identified for inclusion in the Project will be vacated and conveyed to Company by required procedures and upon conveyance will be deemed to be included within the provisions of this Agreement and eligible for tax rebates 10. Obligations Contingent. Each and every obligation of City under this Agreement is expressly made subject to and contingent upon City's completion of all procedures, hearings and approvals deemed necessary by City or its legal counsel for amendment of the urban renewal plan applicable to the Property and/or project area, all of which must be completed within 180 days from the date this Agreement is approved by the City council. If such completion does not occur, then this Agreement shall be deemed canceled and shall be null and void. 11. Representations and Warranties of City. City hereby represents and warrants as follows: 4 Page 117 of 300 A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 12. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. Company is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Company is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. C. Company has full right, title, and authority to execute and perform this Agreement and to consummate all of the transactions contemplated herein, and each person who executes and delivers this Agreement and all documents to be delivered to City hereunder is and shall be authorized to do so on behalf of Company. 13. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 14. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at PO Box 4236 Waterloo, Iowa 50704, facsimile number , Attn: Rodney A. Anderson, Manager, with copy to Eric W. Johnson, Beecher Law Firm, P.O. Box 178, Waterloo, Iowa 50704. 5 Page 118 of 300 Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this section. 15. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 16. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 17. Severability. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 18. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 19. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 20. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 6 Page 119 of 300 21. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 22. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. [signatures on next page] 7 Page 120 of 300 CITY OF WATERLOO, IOWA CENTRAL PROPERTY HOLDINGS, LLC By: By: Quentin M. Hart, Mayor Rodney A. Anderson, Manager Attest: Kelley Felchle, City Clerk PERSONAL GUARANTY. The undersigned members and/or managers of Company hereby agree for themselves and their heirs, personal representatives, and assigns, to unconditionally guarantee to City, its successors and assigns, the full and prompt performance by Company, its successors and assigns, of all promises and covenants on the part of Company to be performed pursuant to the foregoing Agreement, including but not limited to the duties of indemnity set forth therein, if any. Liability of guarantors hereunder is joint and several. Rodney A. Anderson Daniel E. Levi 8 Page 121 of 300 EXHIBIT "A" Legal Description of Property Lots 2 and 3 of Waterloo RX First and Franklin Subdivision; And also, Lots 17 and 18 of Block 64 of Cooley Addition; And also, that part of the 20 foot alley as platted in Block 64 of Cooley Addition lying Southeasterly of a Southwesterly extension of the Northwesterly line of Lot 17 of Block 64 of Cooley Addition and lying Northwesterly of a Southwesterly extension of the Southeasterly line of Lot 18 of Block 64 of Cooley Addition, all in the City of Waterloo, Black Hawk County, Iowa. Page 122 of 300 EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as , 2017, by and among the CITY OF WATERLOO, IOWA ("City"), Central Property Holdings, LLC ("Company"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Company have entered into a development agreement (the "Development Agreement") regarding certain real property, described in Exhibit "A-1" thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Company will undertake, or cause to be undertaken, the development of an area ("Project") within the East Waterloo Unified Urban Renewal and Redevelopment Plan Area, formerly known as the Logan Plaza Urban Renewal and Redevelopment Plan Area of the City; and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Company desire to establish a minimum actual value for the land and the building pursuant to this Agreement and applicable only to the Project, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the improvements (the "Improvements") which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the Improvements, the minimum actual taxable value which shall be fixed for assessment purposes for the land and Improvements to be constructed thereon as a part of the Project shall not be less than $2,000,000.00 (the "Minimum Actual Value") until termination of this Agreement. The parties agree that construction of the Improvements will be substantially completed on or before December 31, 2018. 2. The Minimum Actual Value herein established shall be of no further force and effect, and this Minimum Assessment Agreement shall terminate, on December 31, 2038. Nothing herein shall be deemed to waive Company's rights under Iowa Code § 403.6, as amended, to contest that portion of any actual value assignment made by the Page 123 of 300 Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall Company seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. 3. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 4. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 5. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, including but not limited to future owners of the Project property. CITY OF WATERLOO, IOWA CENTRAL PROPERTY HOLDINGS, LLC By: By: Quentin M. Hart, Mayor Rodney A. Anderson Manager Attest: Kelley Felchle, City Clerk STATE OF IOWA ) ss. COUNTY OF BLACK HAWK ) On this day of , 2017, before me, a Notary Public in and for the State of Iowa, personally appeared Quentin M. Hart and Kelley Felchle, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. Notary Public 2 Page 124 of 300 STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Acknowledged before me on , by Rodney A. Anderson as Manager of Central Property Holdings, LLC. Notary Public 3 Page 125 of 300 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land, building and equipment upon completion of the development shall not be less than Two Million Dollars ($2,000,000) in the aggregate, until termination of this Minimum Assessment Agreement pursuant to the terms hereof. STATE OF IOWA ) ss COUNTY OF BLACK HAWK ) Assessor for Black Hawk County, Iowa Date Subscribed and sworn to before me on , by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. Notary Public Page 126 of 300 PROPOSED STORMWATER RETENTION CVS EXISTING STORMWATER RETENTION 133 PARKING STALLS 0 PROPOSED SUPERMARKET 26,077 Sf d j PROPOSED SITE PLAN i foo = 1001- 0" 133 STALLS PROVIDED ARCH LTC 1UR[ P.O. Box 1240 Cedar Falls, IA 50613 319.277.5636 319.277.5639 fax www.leviarchitecture.com ©Copyright 2017 Drowings & specifications, ideas, designs, & arrangements represented are & shall remoin the property of the architect & no pa0 shall be copied or disclosed to others or used in connection with any wak or project other Won the specified project for which they have been prepared without the written consent of the architect. Visual contact with these drawings & specifications shall constitute conclusive evidence of acceptance of these restrictions. c E 0 I ID V J u_ Franklin Street Waterloo, Iowa Proposed Site Plan 111, Date: July 19, 2017 CITY OF WATERLOO Council Communication Osage Road and Dubuque Road Traffic Safety Improvements Project - CS -TSF -8155(745)--85-07. City Council Meeting: 8/7/2017 Prepared: 8/1/2017 REVIEWERS: Department Reviewer Action Date Traffic Operations Even, LeAnn Approved 8/1/2017 - 4:29 PM Clerk Office Even, LeAnn Approved 8/1/2017 - 5:02 PM ATTACHMENTS: Description Type ❑ Bid Tab Backup Material SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Background Information: Motion to receive and file proof of publication and notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive, file and instruct City Clerk to read bids. Resolution awarding bid to K & W Electric of Cedar Falls, Iowa, in the amount of $185,000, in conjunction with the Osage and Dubuque Road Traffic Safety Improvements Project, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Sandie Greco, Interim Public Works Director Recommend Approval The project involves full signalization at the intersection, advance end of green warning beacons and railroad preemption. Estimated Cost: $180,000.00 100% State Grand Funds 0% City Match Strategy 2.2 - enlist all City departments and staff members in efforts to promote a safer community. This is an intersection with a very sharp crossing angle, experiencing right angle crashes. Safety Grant was applied for installing signal to improve safety. Page 128 of 300 Osage and Dubuque Road Traffic Safety Improvements Project Bid Tab: August 3, 2017 Estimate: $180,000 Bidder Bid Security Total K&W Electric Inc. Cedar Falls, IA 5% $185,000. Page 129 of 300 CITY OF WATERLOO Council Communication Site service for processing curbside recycling. City Council Meeting: 8/7/2017 Prepared: 7/28/2017 REVIEWERS: Department Reviewer Traffic Operations Higby, Nancy SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Background Information: Action Approved Date 7/12/2017 - 10:31 AM Public hearing cancelled due to lack of bids. Submitted By: Sandie Greco, Interim Public Works Director Cancel public hearing. This service is for providing equipment, site service, and collection/delivery, of materials from neighborhood drop-offs, and the processing and ultimate marketing and disposal of materials thereby generated. $32,000 Sanitation Funding - 525-15-5400-1300 The City of Waterloo has provided curbside recycling for a number of years. The vendor divides and separates all recyclables. Page 130 of 300 CITY OF WATERLOO Council Communication Solid waste containers and disposal of recycling. City Council Meeting: 8/7/2017 Prepared: 7/12/2017 REVIEWERS: Department Reviewer Action Date Traffic Operations Higby, Nancy Approved 7/12/2017 - 10:34 AM Clerk Office Higby, Nancy Approved 7/12/2017 - 10:35 AM SUBJECT: Public hearing cancelled due to lack of bids. Submitted by: Submitted By: Sandie Greco, Interim Public Works Director Recommended Action: Recommend Approval Summary Statement: This service is for providing equipment, site service, and collection/delivery, of materials from neighborhood recycling drop- offs, and the processing and ultimate marketing and disposal of materials thereby generated. Further services will include providing solid waste containers and disposal of refuse for a variety of different events lead by the City of Waterloo. Expenditure Required: $90,000 Source of Funds: Sanitation Funding - 525-15-5400-1300 Background Information: The City of Waterloo has provided recycling containers are various locations for the public to use. Also containers have been provided for neighborhood clean ups. Page 131 of 300 CITY OF WATERLOO Council Communication Resolution authorizing purchase of a Full Spectrum Imaging System from Arrowhead Scientific, Inc. of Lenexa, Kansas, in the amount of $62,287.15 with a $30,000 grant from Black Hawk Gaming, and the remaining cost shared between Black Hawk County Attorney, Black Hawk County Sheriff, and Waterloo Police Department. City Council Meeting: 8/7/2017 Prepared: 7/24/2017 REVIEWERS: Department Police Department Clerk Office SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Background Information: Reviewer Krogh, Frank Even, LeAnn Action Approved Approved Date 7/24/2017 - 10:15 AM 7/31/2017 - 2:36 PM Resolution authorizing purchase of a Full Spectrum Imaging System from Arrowhead Scientific, Inc. of Lenexa, Kansas, in the amount of $62,287.15 with a $30,000 grant from Black Hawk Gaming, and the remaining cost shared between Black Hawk County Attorney, Black Hawk County Sheriff,. and Waterloo Police Department. Submitted By: Joe Leibold, Captain of Police Services Approve Request This equipment is being purchased from Arrowhead Scientific Inc. This is a proprietary system and Arrowhead Scientific is the only vendor for this equipment. Remaining $22,287.15 split between Black Hawk County Sheriff and WPD. This cost is covered by a $30,000 Black Hawk Gaming Grant, $10,000 from the Black Hawk County Attorney's Office and the remainder will be split between the Black Hawk County Sheriff and WPD Forfeiture funds. None This is a proprietary lighting system that aids in the development of trace evidence that is collected and processed by the WPD Crime Lab. Page 132 of 300 CITY OF WATERLOO Council Communication Resolution approving a lease agreement with C & S Car Company for a 2018 Hyundai Santa Fe, VIN #5XYZUDLB7JG512284, to be used by the School Resource Officers for a six (6) month period at no cost to the City, and authorize Mayor to execute said agreement. City Council Meeting: 8/7/2017 Prepared: 7/24/2017 REVIEWERS: Department Reviewer Action Date Police Department Krogh, Frank Approved 7/24/2017 - 12:39 PM Clerk Office Even, LeAnn Approved 7/31/2017 - 2:49 PM ATTACHMENTS: Description Type ❑ SRO Vehicle Lease Agreement Cover Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Resolution approving a lease agreement with C & S Car Company for a 2018 Hyundai Santa Fe, VIN #5XYZUDLB7JG512284, to be used by the School Resource Officers for a six (6) month period at no cost to the City, and authorize Mayor to execute said agreement. Submitted By: Frank Krogh, Captain of Police Services Request that the City Council pass a resolution authorizing Mayor Hart to sign the lease agreement with C & S Car Company for a 2018 Hyundai Santa Fe vehicle to be used by the School Resource Officers for a 6 month period at no cost to the city. This is a 6 month lease to supply a vehicle to the School Resource Unit of the Waterloo Police Department. C & S Car Company has donated the use of a new vehicle for many years to the Police Department to be used the School Resource Unit. None None N/A This is an in kind donation by C& S Car company without this lease we would have to supply a squad car to the School Resource Unit which could cause a shortage of squad cars during special events. Background Information: N/A Legal Descriptions: 2018 Hyundai Santa Fe SUV VIN # 5XYZUDLB7JG512284 Page 133 of 300 AUTOMOBILE LEASE AGREEMENT This Agreement is made and entered into this 7th day of August, 2017, by and between C & S Car Company Hyundai Mazda Subaru, with its principal place of business at 812 Washington Street, Waterloo, Iowa (the Lessor) and the City of Waterloo, Iowa, a municipal corporation duly organized under the laws of the State of Iowa, (the Lessee), whose address for purposes of this Lease Agreement is 715 Mulberry Street, Waterloo, Iowa, 50703. RECITALS WHEREAS, C & S Car Company Hyundai Mazda Subaru is in the business of selling motor vehicles; and WHEREAS, C & S Car Company Hyundai Mazda Subaru is desirous of leasing to the City's Police Department, a white 2018 Hyundai Santa Fe Sport VIN#5XYZUDLB7JG512284; and WHEREAS, City is in need of a vehicle for the purposes of its Life Skills Program. NOW, THEREFORE, in consideration of the mutual covenants, conditions, and agreements contained herein, and for other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: TERMS 1. LEASE. The Lessor leases to the Lessee the motor vehicle described above from August 7, 2017, to February 7, 2018, unless the Lessor shall extend this Lease Agreement. 2. VEHICLE USE. (a) The Lessee shall not use or permit any leased vehicle to be used for any illegal purpose or for the transportation of any material deemed extra hazardous by reason of being explosive or flammable. The Lessee shall reimburse the Lessor for all damages sustained by the Lessor as a result of such use. The Lessee shall also reimburse the Lessor for any vehicle confiscated by any governmental agency, or other expense incurred as a result thereof, whenever such confiscation or expense is caused by the illegal use of such vehicle by the Lessee. (b) Without the permission of the Lessor, the Lessee shall not leave the State of Iowa with the leased vehicle. (c) The Lessee shall not overload the leased vehicle beyond its specified carrying capacity nor operate the vehicle on flat or insufficiently inflated tires. -1- Page 134 of 300 (d) The Lessor shall not be responsible for loss or damage to any goods or other property placed or carried in any leased vehicle arising from any cause whatsoever. (e) The Lessee shall not accrue more than 4,000 miles on the vehicle in any six (6) month period. 3. OPERATION. (a) The leased vehicle shall be operated by a safe, competent, and duly licensed driver selected, employed, and under the supervision of, and paid by the Lessee. Upon the Lessor's complaint specifying any reckless, careless, or abusive handling of any vehicle by a driver, the Lessee shall investigate the complaint, and if warranted, remove the driver and replace him or her with a competent substitute. (b) The Lessee and its drivers shall be solely responsible for individual fines and penalties for parking or traffic violations. If the Lessor is required to pay any fine or summons, it may bill the Lessee for them. 4. MAINTENANCE OF THE VEHICLE. The Lessee will bear all expense of maintaining the leased vehicle in good and operating condition. If the necessary repairs exceed the amount of $100.00 in any one given month, the Lessee will first consult the Lessor whose written instructions with regard to repair will be followed. 5. LIABILITY. The Lessee shall be liable for all damages caused by collision, upset, or overturn of the leased vehicle and all damaged caused by each instance of a hazard covered under standard comprehensive fire and theft coverage. 6. INSURANCE. (a) The Lessee, at its own expense shall insure the leased vehicle against all loss and carry liability insurance in limits of not less that $1,000,000 for any one person injured or killed, not less than $1,000,000 for more than one person in any one accident and not less than $100,000 for damage to property of others in any one accident. (b) The Lessee shall comply with all the terms and conditions of the insurance policies covering the leased vehicle and give the Lessor and the appropriate insurance carrier, within 24 hours of any accident involving a leased vehicle, a written report of such accident. The Lessee shall cooperate with the insurance carrier and the Lessor in the prosecution and defense of any and all claims arising out of the use of the leased vehicle. (c) The parties agree that the comprehensive coverage of the policy as to collision and other damages may be provided by the Lessee through its own self- insured program. -2- Page 135 of 300 7. THE LESSEE'S DUTIES. At its own expense, the Lessee shall: (a) Notify the Lessor immediately as to any damage caused to the leased vehicle; (b) Periodically wash the leased vehicle, and keep it clean, both inside and out; (c) Supply the necessary gasoline, oil, with Hyundai oil filter and lubricants for its operation; (d) Check the leased vehicle for antifreeze and oil and add, if necessary; the Lessee will be solely responsible for damages caused by lack of oil, lubricants, or antifreeze; (e) Check the tires of the vehicle for proper inflation; the Lessee will be solely responsible for tire damage due to improper inflation; (f) Carry sufficient Workers' Compensation or other work-related injury/disability insurance coverage for the Lessee's drivers and other employees operating the leased vehicle. 8. LICENSE AND REGISTRATION. The leased vehicle shall bear a license plate, and title to it shall be registered in the name of the Lessor. All expenses incurred in licensing and registering the leased vehicle shall be borne by the Lessee. Lessor shall license the vehicle in its name, and Lessee shall furnish a copy of the title, lease agreement, application for registration, and state plates to the Iowa Department of Transportation. 9. OWNERSHIP. This is a lease contract only and the Lessee acquires no ownership, title, property rights, or interest in or to the leased vehicle, except that which is consistent with the provisions of this Lease Agreement. 10. RETURN. Upon the termination of this lease, the leased vehicle, at the expense of the Lessee shall be returned to the Lessor's place of business in good condition, reasonable wear and tear excepted. Lessee will be responsible for removal of any logos added to the vehicle. 11. INSPECTION. The Lessee shall permit the Lessor and/or its agents at all times to inspect and examine the leased vehicles and permit the Lessor at any time to replace any such vehicle with one of like make and body. 12. EXTENSION OF THE LEASE TERM. On February 7, 2018, the Lessor may opt to extend the lease by an express written amendment to this Lease Agreement. If the Lessor does not exercise the option, the lease will terminate and the City shall return to the Lessor the vehicle excluding ordinary wear and tear for the -3- Page 136 of 300 purpose which it is used. The Lessor agrees that the City may affix the SRO (School Resource Officer) logo by paint or otherwise and any other body and paint modifications approved by the Lessor at the time of the initiation of this lease agreement. 13. Without the prior permission of the Lessor, the Lessee shall not be permitted to assign or sublet the vehicle. 14. WAIVER. The failure of either party in any one or more instance to insist upon the performance of any of the terms, covenants, or conditions of this lease, or to exercise any right or privilege in this lease conferred, or the waiver of any breach of any of the terms, covenants, or conditions of this lease, shall not be construed as thereafter waiving any such terms, covenants, conditions, rights, or privileges, all of which shall continue and remain in full force and effect, as if no such forbearance or waiver had occurred. 15. INDEMNITY. The Lessor does not assume any liability for any acts or omissions of the Lessee or the Lessee's drivers, agents, or employees. The Lessee hereby releases the Lessor and agrees to indemnify the Lessor and hold it harmless from any and all claims against the Lessor of any kind or nature whatsoever, arising out of or resulting from the use and/or operation of the leased vehicle by the Lessee, including any expenses and attorney's fees which the Lessor may incur in defending any such claims, except such claims or portions thereof as are covered by applicable insurance as otherwise herein provided. 16. BINDING EFFECT. This lease shall be binding upon and inure to the benefit of the parties hereto, their successors, legal representatives, and assigns. The Lessee may not assign, pledge, or otherwise encumber this lease or any interest therein or sublet the leased vehicle without the Lessor's written consent, nor shall the Lessee encumber or otherwise cause any lien to be placed against the leased vehicles, or abandon or conceal the leased vehicles. 17. ENTIRE AGREEMENT. This lease represents the entire agreement between the parties. All prior negotiations have been merged into this lease and there are no understandings, representations, or agreements, oral or written, express or implied, other than those set forth herein. This lease shall not be modified or amended except by an agreement in writing signed by the parties. 18. NOTICES. All notices required to be given under the terms of this lease shall be in writing and shall be sent by United States registered mail or certified mail addressed to the party to be notified at its address as above stated. For the Lessee, Chief of Police or Captain Mohlis, Waterloo Police Department, 715 Mulberry Street, Waterloo, Iowa, 50703, telephone number (319) 291-4340. For the Lessor, George Cooley or his designee, C & S Car Company Hyundai Mazda Subaru, 812 Washington Street, Waterloo, Iowa, 50702, telephone number (319) 291-7321. -4- Page 137 of 300 19. GOVERNING LAW. This lease shall in all respects be governed by and construed in accordance with the laws of the State of Iowa. 20. HEADINGS. Headings in this lease are for convenience only and shall not be used to interpret or construe its provisions. 21. COUNTERPARTS. This lease may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first written above. DATED this 7_ day of August, 2017. CITY OF WATERLOO, IOWA The Lessee By: Quentin M. Hart, Mayor ATTEST: Kelley Felchle, City Clerk STATE OF IOWA ) ) ss: BLACK HAWK COUNTY ) On this day of August, 2017, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Quentin M. Hart and Kelley Felchle, to me personally known, and who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa; and that the seal affixed to the foregoing instrument is the corporate sale of the corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council as contained in the Resolution adopted by the City Council, under Council Action No. of the City Council on the day of August, 2017, and that Quentin M. Hart and Kelley Felchle acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa -5- Page 138 of 300 C & S CAR COMPANY HYUNDAI MAZDA SUBARU The Lessor By: STATE OF IOWA ) ss: BLACK HAWK COUNTY ) On this day of August, 2017, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared and , to me personally known, and who, being by me duly sworn, did say that they are the and , respectively, of said corporation executing the within and foregoing instrument, that (no seal has been procured by the said) (the seal affixed thereto is the seal of said) corporation; that said instrument was signed (and sealed) on behalf of said corporation by authority of its Board of Directors; and that the said and as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa -6- Page 139 of 300 CITY OF WATERLOO Council Communication Resolution approving 28E Agreements with Elk Run Heights, Cedar Township, and East Waterloo Township, to provide fire and EMS protection, and authorize the Mayor to execute said documents. City Council Meeting: 8/7/2017 Prepared: 7/31/2017 REVIEWERS: Department Reviewer Action Date Fire Rescue Treloar, Pat Approved 7/31/2017 - 12:34 PM Clerk Office Even, LeAnn Approved 7/31/2017 - 2:47 PM ATTACHMENTS: Description Type ❑ 28E Agreements FY2018 Cover Memo SUBJECT: Resolution approving 28E Agreements with Elk Run Heights, Cedar Township, and East Waterloo Township, to provide fire and EMS protection, and authorize the Mayor to execute said documents. Submitted by: Submitted By: Pat Treloar, Fire Chief Recommended Action: Approve Summary Statement: Policy Issue: The 28E agreements extend the jurisdiction of Waterloo Fire Rescue for fire, rescue, ambulance response, and hazardous materials response by the Northeast Iowa Response Group. The agreements will be in effect July 1, 2017 through June 30, 2018. See attachment for actual agreements. This initiative aligns with strategy 3.5 of The City of Waterloo's Strategic plan. We continue to engage with local public partners to identify cost savings, streamline efforts and improve efficiency in City operations and activities. Page 140 of 300 28E AGREEMENT FIRE PROTECTION CONTRACT FISCAL YEAR 2018 (July 1, 2017 to June 30, 2018) The parties to this Agreement are the City of Waterloo, Iowa, (hereinafter referred to as "Waterloo") and the city of Elk Run Heights (hereinafter referred to as "Elk Run"). WHEREAS, Waterloo and Elk Run are public agencies pursuant to Iowa Code 28E.2 (1987), and WHEREAS, Elk Run has petitioned Waterloo, in accordance with Iowa Code 364.16 (1987), to extend the jurisdiction of Waterloo for fire and ambulance purposes (hazardous materials response by the Northeast Iowa Response Group) to include: City of Elk Run Heights, Iowa THEREFORE, for and in the consideration of the mutual covenants and agreements herein contained, the parties agree as follows: or 1. The cost for fire protection to Elk Run shall be approximately $31.73 per year, per capita, based on a population of one thousand, one hundred and seventeen (1,117) residents, for a total of $35,442.41 minus $.0.50 per capita for costs assessed by the County for membership in the Northeast Iowa Response Group. $35,442.41 minus $558.50 totals, thirty four thousand, eight hundred eighty three dollars and ninety- one cents ($34,883.91). This amount is to be paid on a quarterly basis by Elk Run Heights. 2. Ambulance charges will be billed to the party receiving the service based on the current City Ordinance. 3. Northeast Iowa Response Group shall be entitled to reimbursement of all costs for responding to hazardous material incidents under the City of Elk Run Heights Recovery Ordinance. 4. The Waterloo fire officer in charge of equipment shall call or cause to be called additional engine companies if it is believed that additional assistance is needed. 5. Waterloo reserves the right to refuse to answer any call at any time for the following reasons: a. That the necessary fire apparatus or medical units are not available b. That the Waterloo Fire Department is unable to reach the property on fire due to accident or road conditions. 6. Waterloo does not guarantee the successful operation of its equipment or persons at any fire outside the city of Waterloo. Waterloo shall not be liable for any damages that may be caused in refusing to answer any such call or for any damages that may be caused in the operation of equipment or by the personnel accompanying the equipment. 7. When the officers or equipment of Waterloo are engaged in rendering assistance pursuant to this Agreement, they shall be considered to be within their jurisdiction, and Waterloo shall have the same governmental immunity when responding to such calls as when operating within the City of Waterloo. Waterloo fire fighters operating equipment or responding to calls outside the corporate limits of Waterloo shall be entitled to the benefits of Iowa Code, Chapter 410 and 411 (1987), when otherwise qualified. Page 141 of 300 8. At all times in answering such calls, or in the operation of the equipment, or the direction of the members of the crew, or at any fire outside the city limits of Waterloo, the officer of the Waterloo Fire Department in charge of the equipment and work shall have full control of such equipment and officers. 9. This Agreement is entered into by the parties pursuant to the provisions of Iowa Code Chapter 28E (1987), and as such: a. This Agreement is for a period of one (1) year, from July 1, 2017, through June 30, 2018; and b. The parties may revoke this Agreement at any time by giving sixty (60) days' written notice; and c. Does not envision a separate organization or other composition of legal entity of any type and operates under the authority of the laws of the State of Iowa; and d. Is for the purpose of providing fire protection. Dated this day of , 2017. CITY OF WATERLOO, IOWA CITY OF ELK RUN HEIGHTS, IOWA By: By: Quentin Hart, Mayor Tim Swope, Mayor ATTEST: Kelley Felchle City Clerk STATE OF IOWA ss. BLACK HAWK COUNTY Kristi Lundy City Clerk On this day of , 2017, before me, the undersigned a Notary Public in and for the State of Iowa, personally appeared Quentin Hart and Kelley Felchle to me personally known, and who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of is City Council, and that Quentin Hart and Kelley Felchle acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa Page 142 of 300 28E AGREEMENT FIRE PROTECTION CONTRACT Fiscal Year 2018 (July 1, 2017 to June 30, 2018) The parties to this Agreement are the City of Waterloo, Iowa, (hereinafter referred to as "Waterloo") and the Board of Trustees of East Waterloo Township (hereinafter referred to as "East Waterloo"). WHEREAS, Waterloo and East Waterloo are public agencies pursuant to Iowa Code 28E.2 (1987), and WHEREAS, East Waterloo has petitioned Waterloo, in accordance with Iowa Code 364.16 (1987), to extend the jurisdiction of Waterloo for fire and ambulance purposes (hazardous materials response by the Northeast Iowa Response Group) to include: All that part of East Waterloo lying outside the City Limits of the City of Waterloo, Iowa, known as East Waterloo Township. THEREFORE, for and in the consideration of the mutual covenants and agreements herein contained, the parties agree as follows: or 1. The cost for fire protection to East Waterloo shall be one thousand, eight hundred and eighty eight dollars and ninety five cents ($1,888.97) per year. In addition, there will be a cost of two hundred dollars ($200.00) a call for the first hour or fraction thereof per Engine Company, from the time the engine company leaves its quarters until the engine company returns to its quarters. If more than one hours' time is consumed in responding to the call, the cost shall be One Hundred Dollars ($100.00) per hour or any fraction thereof after the first hour. An engine company shall mean one (1) piece of apparatus and crew. 2. Ambulance charges will be billed to the party receiving the service based on the current City Ordinance. 3. Northeast Iowa Response Group shall be entitled to reimbursement of all costs for responding to hazardous material incidents under the County Ordinance. 4. The Waterloo fire officer in charge of equipment shall call or cause to be called additional engine companies if it is believed that additional assistance is needed. At all times in answering such calls, or in the operation of the equipment, or the direction of the members of the crew, or at any fire outside the city limits of Waterloo, the officer of the Waterloo Fire Department in charge of the equipment and work shall have full control of such equipment and officers. 5. Waterloo reserves the right to refuse to answer any call at any time for the following reasons: a. That the necessary fire apparatus or medical units are not available b. That the Waterloo Fire Department is unable to reach the property on fire due to accident or road conditions. 6. Waterloo does not guarantee the successful operation of its equipment or persons at any fire outside the city of Waterloo. Waterloo shall not be liable for any damages that may be caused in refusing to answer any such call or for any damages that may be caused in the operation of equipment or by the personnel accompanying the equipment. 7 When the officers or equipment of Waterloo are engaged in rendering assistance pursuant to this Agreement, they shall be considered to be within their jurisdiction, and Waterloo shall have the same governmental immunity when responding to such calls as when operating within the City of Waterloo. Waterloo fire fighters operating equipment or Page 143 of 300 responding to calls outside the corporate limits of Waterloo shall be entitled to the benefits of Iowa Code, Chapter 410 and 411 (1987), when otherwise qualified. 8. At all times in answering such calls, or in the operation of the equipment, or the direction of the members of the crew, or at any fire outside the city limits of Waterloo, the officer of the Waterloo Fire Department in charge of the equipment and work shall have full control of such equipment and officers. 9. This Agreement is entered into by the parties pursuant to the provisions of Iowa Code Chapter 28E (1987), and as such: a. This Agreement is for a period of one (1) year, from July 1, 2017, through June 30, 2018; and b. The parties may revoke this Agreement at any time by giving sixty (60) days' written notice; and c. Does not envision a separate organization or other composition of legal entity of any type and operates under the authority of the laws of the State of Iowa; and d. Is for the purpose of providing fire protection. Dated this day of ,2017. CITY OF WATERLOO, IOWA EAST WATERLOO TOWNSHIP, IOWA By: By: Quentin Hart, Mayor Peter Natvig, Township Trustee ATTEST: Kelley Felchle, City Clerk STATE OF IOWA ss. BLACK HAWK COUNTY On this day of , 2017, before me, the undersigned a Notary Public in and for the State of Iowa, personally appeared Quentin Hart and Kelley Felchle to me personally known, and who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of is City Council, and that Mayor Quentin Hart and Kelley Felchle acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa Page 144 of 300 28E AGREEMENT FIRE PROTECTION CONTRACT Fiscal Year 2018 (July 1, 2017 to June 30, 2018) The parties to this Agreement are the City of Waterloo, Iowa, (hereinafter referred to as "Waterloo") and Cedar Township. WHEREAS, Waterloo and Cedar Township are public agencies pursuant to Iowa Code 28E.2 (1987), and WHEREAS, Cedar Township has petitioned Waterloo, in accordance with Iowa Code 364.16 (1987), to extend the jurisdiction of Waterloo for fire and ambulance purposes (hazardous materials response by the Northeast Iowa Response Group) to include: the territory outside the Waterloo City limits consisting of Balsam Street, Juniper Drive, Oakridge Road and Rose Lane. THEREFORE, for and in the consideration of the mutual covenants and agreements herein contained, the parties agree as follows: or 1. The cost for fire protection to Cedar Township shall be $1,933.80 per year. 2. Ambulance charges will be billed to the party receiving the service based on the current City Ordinance. 3. Northeast Iowa Response Group shall be entitled to reimbursement of all costs for responding to hazardous material incidents under the County Ordinance. 4. The Waterloo Fire Officer in charge of equipment shall call or cause to be called additional engine companies if it is believed that additional assistance is needed. 5. Waterloo reserves the right to refuse to answer any call at any time for the following reasons: a. That the necessary fire apparatus or medical units are not available b. That the Waterloo Fire Department is unable to reach the property on fire due to accident or road conditions. 6. Waterloo does not guarantee the successful operation of its equipment or persons at any fire outside the city of Waterloo. Waterloo shall not be liable for any damages that may be caused in refusing to answer any such call or for any damages that may be caused in the operation of equipment or by the personnel accompanying the equipment. 7. When the officers or equipment of Waterloo are engaged in rendering assistance pursuant to this Agreement, they shall be considered to be within their jurisdiction, and Waterloo shall have the same governmental immunity when responding to such calls as when operating within the City of Waterloo. Waterloo fire fighters operating equipment or responding to calls outside the corporate limits of Waterloo shall be entitled to the benefits of Iowa Code, Chapter 410 and 411 (1987), when otherwise qualified. 8. At all times in answering such calls, or in the operation of the equipment, or the direction of the members of the crew, or at any fire outside the city limits of Waterloo, the officer of the Waterloo Fire Department in charge of the equipment and work shall have full control of such equipment and officers. 9. This Agreement is entered into by the parties pursuant to the provisions of Iowa Code Chapter 28E (1987), and as such: Page 145 of 300 a. This Agreement is for a period of one (1) year, from July 1, 2017, through June 30, 2018; and b. The parties may revoke this Agreement at any time by giving sixty (60) days' written notice; and c. Does not envision a separate organization or other composition of legal entity of any type and operates under the authority of the laws of the State of Iowa; and d. Is for the purpose of providing fire protection. Dated this day of , 2017. CITY OF WATERLOO, IOWA CEDAR TOWNSHIP By: By: Quentin Hart, Mayor ATTEST: Kelley Felchle City Clerk STATE OF IOWA ss. BLACK HAWK COUNTY Township Clerk On this day of , 2017, before me, the undersigned a Notary Public in and for the State of Iowa, personally appeared Quentin Hart and Kelley Felchle to--- me personally known, and who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of is City Council, and that Quentin Hart and Kelley Felchle acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa Page 146 of 300 CITY OF WATERLOO Council Communication Resolution approving a Technical Memorandum with AECOM in conjunction with the University Avenue Reconstruction from Midway Drive to US 63 Waterloo, Iowa, Contract No. 933 & 934, and authorize the Mayor and City Clerk to execute said agreement. City Council Meeting: 8/7/2017 Prepared: 8/1/2017 REVIEWERS: Department Reviewer Action Date Engineering Thorson, Eric Approved 8/1/2017 - 12:38 PM Clerk Office Even, LeAnn Approved 8/2/2017 - 12:44 PM ATTACHMENTS: Description Type o Cont 933 and 934_Tech Memo_AECOM Cover Memo o Cont 933 and 934_Uni Ave Recon Key Cover Memo Recommendations SUBJECT: Resolution approving a Technical Memorandum with AECOM in conjunction with the University Avenue Reconstruction from Midway Drive to US 63 Waterloo, Iowa, Contract No. 933 & 934, and authorize the Mayor and City Clerk to execute said agreement. Submitted by: Submitted By: Jeff Bales, Associate Engineer Recommended Action: Source of Funds: Background Information: Work Session took place July 24, 2017. All design concepts are in the attached Technical Memorandum prepared by AECOM. The key recommendations are listed in the additional attachment. Page 147 of 300 TECHNICAL MEMORANDUM FOR UNIVERSITY AVENUE RECONSTRUCTION FROM MIDWAY DRIVE TO US 63 WATERLOO, IOWA CITY CONTRACT NO. 933 & 934 Prepared For: City of Waterloo, Iowa 715 Mulberry Street Waterloo, Iowa 50703 Prepared By: AECOM 501 Sycamore Street Suite 222 Waterloo, Iowa 50703 June 20, 2017 Page 148 of 300 University Avenue Technical Memorandum Roadway & Intersection Design TABLE OF CONTENTS Page INTRODUCTION TYPICAL CROSS SECTION 1 Discussion 1 Technical Details 1 Project Management Team Recommendation b -LANE SECTION VS 4 -LANE SECTION 2 Discussion 2 Technical Details 2 Project Management Team Recommendation 3 INTERSECTION DESIGN (ROUNDABOUT VS TRAFFIC SIGNALS) 4 Discussion 4 Technical Details 4 Project Management Team Recommendation 6 SPEED LIMITS 6 Discussion 6 Technical Details 6 Project Management Team Recommendation 6 BUS TURNOUTS AND BUS STOPS Discussion 6 Technical Details 7 Project Management Team Recommendation 8 AESTHETIC IMPROVEMENTS Discussion 8 Technical Details 8 Project Management Team Recommendation 8 SUMMARY 60528991/400/06-05-2017/Final - University Tech Memo 06-20-2017.docx Jun 2O e 1'49 of 300 UNIVERSITY AVENUE TECHNICAL MEMORANDUM CITY OF WATERLOO, IOWA JUNE 20, 2017 INTRODUCTION The University Avenue project extends from Midway Drive to Highway 63 in Waterloo, Iowa. Since the transfer of jurisdiction in 2016, the City of Waterloo has begun preliminary design and reviewed the alternatives presented in the Environmental Assessment (EA). The City of Waterloo has actively sought public input on the proposed alternatives presented in the EA, including a Public Informational Meeting held on March 21, 2017. This Technical Memorandum summarizes the review of key alternative design elements with respect to the project purpose. The project purpose is to reconstruct University Avenue for a 30+ year life, optimize the corridor operations to move people across and through the area safely and efficiently, develop a Complete Street corridor that is functional and appealing for non -motorists and motorists alike, provide opportunities for future aesthetic enhancements, and to support growth and revitalization. The design elements summarized in this memo are typical cross sections, intersection design, speed limit, bus turnouts and bus stops, and aesthetic improvements. TYPICAL CROSS SECTION Discussion: The existing University Avenue corridor is currently a 6 -lane facility with raised medians from Midway Drive to Highway 63. The corridor currently has minimal pedestrian, bicycle and bus accommodations. The existing cross section has 11 -foot lane widths with 2'/2 -foot curb and gutter sections and a 12 -foot median section. As part of the design process, the project team considered both the typical 12 -foot wide lanes and the narrower 11 -foot wide lanes throughout the corridor. The project team also considered sidewalks and shared use path typical widths and cross section locations. Technical Details: Based on current standards and traffic forecasts, the EA recommended a typical 4 -lane section throughout the corridor. The Iowa Statewide Urban Design and Specifications (Iowa SUDAS) recommends typical roadway sections have 12 -foot travel lanes with 3 -foot curb and gutter sections; however, Iowa SUDAS has an allowable typical roadway section with 11 -foot travel lanes and 2 -foot curb and gutter sections. Narrower lane widths may be selected in reduced -speed urban areas to manage or reduce speed and shorten crossing distances for pedestrians. The EA recommended a 16 -foot raised median. The 16 -foot median allows for 12 -foot turn lanes and pedestrian refuge areas to be installed at the intersections. Current design standards require sloped curbs on streets with design speeds greater than 40 mph and standard curbs for design speeds of 40 mph or below. The reduction from a 6 -lane section to a 4 -lane section allows for the addition of shared use path and sidewalks throughout the corridor. The EA proposed a 10 -foot shared use path on the south side of the roadway, with a 6 -foot sidewalk on the north side of University Avenue for pedestrian and bicycle accommodations. The Iowa SUDAS typical shared use path width is 10 feet to accommodate two-way bicycle traffic, and 5 -foot sidewalks are encouraged and required for pedestrian passing at maximum intervals of 200 feet. Project Management Team Recommendation: The recommended typical cross section for University Avenue from Tunis Drive to Highway 63 is a 4 -lane section, with 12 -foot wide lanes, 2 -foot standard sloped curb and gutter sections, and 16 -foot median. The typical cross-section would also have a 10 -foot shared use path on the south side and a 5 -foot sidewalk on the north side of University Avenue. The recommended typical cross section for Midway Drive to Tunis Drive will be discussed in the 5 -Lane Section vs 4 -Lane Section below. 60528991/400/06-05-2017/Final - University Tech Memo 6-20-17.docx -1- Jun Ae 11'50 of 300 g Recommended Typical Cross Section for University Avenue Tunis Drive to Highway 63 L, W. @. 6L. 6.0. 12' i 16' IDIGIAALIC T —1 [__IL 2' TrgU 1 F1KU MEDIAN iHRL] TNRU 'SNE LANE LANE IANC 2' MO 2` GURO ANO ANO GUTTER 12' 10' 72' FOAt2WAY 5 -LANE SECTION VS 4 -LANE SECTION uui-r, -u5% `.RAIL Discussion: University Avenue from Midway Drive to Tunis Drive is currently a 6 -lane cross section with raised median. The EA proposed a 4 -lane cross section with a raised median. On University Avenue between Midway Drive and Tunis Drive, a 5 -lane section was reviewed because of the high number of commercial driveways in this 1,500 -foot long stretch of roadway. The 5 -lane section would benefit the adjacent properties by increasing access to and from the businesses. Technical Details: The 4 -lane section with divided median maintains the limited access restriction currently on University Avenue and reduces the number of conflict points along the roadway by eliminating the left -turn conflicts. A 5 -lane typical section has two lanes in each direction, with a Two -Way Left -Turn Lane (TWLTL) in the center. The 5 -lane section has the potential of increasing the number of crashes due to the increase of conflict points compared to the 4 -lane cross section with divided median. However, the TWLTLs work well on streets with relatively low design speeds, high driveway densities and turning demands. TWLTLs safely reduce delays for through vehicles while allowing full access to the adjacent properties. South Duff Avenue in Ames, Iowa, and 2nd Street in Coralville, Iowa, both have roadways with similar traffic volumes, adjacent land uses and number of access points. These two roadways have benefited from the construction of a 5 -lane section. In discussion with the City Engineer for the City of Coralville, the City has seen a decrease in the number of crashes since the construction of the 5 -lane cross section and has been very pleased with the way the TWLTL has worked on Highway 6. The Director of Public Works for the City of Ames stated he would highly recommend going with a 5 -lane section. He did state there have been issues at some intersections, and the City will be adding medians at the intersections for the dedicated left turns approaching the intersection. In these locations, the driveways will be right-in/right-out. The estimated additional cost of a 5 -lane section from Midway Drive to Tunis Drive versus a 4 -lane section is approximately $50,000. The following table shows a historic comparison between existing University Avenue, 2nd Street in Coralville and South Duff Avenue in Ames. 60528991/400/06-05-2017/Final - University Tech Memo 6-20-17.docx -2- Jun ,Ae 11'51 of 300 Driveway Density (Driveways/Mile) Speed (MPH) University Avenue Comparison to Similar Corridors University Avenue 2nd Street (Hwy 6) South Duff Avenue 17,600-18,900 (2013) 20,000-27,000 (2014) 20,800-26,400 (2015) Crash Rates (HMVMT) 27.3 258 20.2-40.4 I 544 77.8 391 45 35/40 30/40 Project Management Team Recommendation: The recommendation for University Avenue from Midway Drive to Tunis Drive is a 5 -lane typical cross section with a 35 mph speed limit, 12 -foot lanes, and 2 -foot standard rolled curb and gutter sections. It is also recommended to construct medians at the intersections for the dedicated left -turn lanes to control the driveways near the intersections and avoid these conflicts. The TWLTL is recommended to be 16 feet wide to provide adequate room for the 12 -foot dedicated left -turn lanes at the intersections. Recommended 5 -Lane for University Avenue from Midway Drive to Tunis Drive Recommended 5 -Lane Typical Cross Section for University Avenue from Midway Drive to Tunis Drive ,5' 14' 510EWALK GL W. 12' x 121 b 116' 12' i 12' - TNRU TNRU CONTINUOUS fl -IRU fNRU LANE LANE LEFT TURN LANE LANE 2' GURO LANE 2'G1_,R6 ANO GUTTER ANC" GUTTER 66' rOAOWAY 10' MULT1-USE TRAIL { 60528991/400/06-05-2017/Final - University Tech Memo 6-20-17.docx -3- Jun ,Ae 11'52 of 300 INTERSECTION DESIGN (ROUNDABOUT VS TRAFFIC SIGNALS) Discussion: The existing corridor consists of traffic signals at Midway Drive, Progress Avenue, Tunis Drive, frontage road intersection at Casey's, Falls Avenue, Sager Avenue, Ansborough Avenue, Wallgate Avenue and Fletcher Avenue. The intersection of University Avenue and Greenhill Road has on and off ramps. The project team evaluated the costs, safety and economic impacts of both the construction of traffic signals and roundabouts on University Avenue from Midway Drive to Highway 63. Technical Details: Per the 2013 University Avenue Safety Analysis Technical Memorandum, both roundabouts and traffic signals have operational benefits for the University Avenue corridor. Roundabouts reduce the severity and frequency of severe crashes. The reduction is due to eliminating crossing conflict points and reduced speeds through the intersections. Coordinated traffic signals reduce delay throughout the corridor and, per the 2011 University Avenue Traffic Study, signals operated more efficiently for all intersections with the exception of Progress Avenue and Ansborough Avenue, as shown in the table below. Midway Drive Progress Drive Tunis Drive Greenhill West Ramp Greenhill East Ramp Casey's/Becks Falls Avenue Sager Avenue Ansborough Avenue Wallgate Avenue Fletcher Avenue Roundabout & Traffic Signal Comparison Level of Service/Delay Signals Roundabout N B/1011. C/26.5 B/12.7 C/23. ROW Impact Signals Minimal Minimal B/13.2 C/17.0 Minimal N/A B/11.5 N/A B/11.3 A/6.0 C/15.3 B/16.7 C/21.1 A/7.3 C/36.9 A/1.6 B/19.7 B/12.0 C/23.4 C/18.0 C/16.6 Source: 2011 University Avenue Traffic Study Minimal Minimal Minimal Minimal Minimal Minimal Minimal Minimal Roundabout Severe Severe Severe (impact reduced if intersection moved) Minimal Severe Severe Severe {study completed before bank moved in) Minimal Moderate Moderate Minimal Access Impact Signals None None Roundabout Severe Minimal None Moderate None Improved None None Moderate Severe None Severe None None None None Severe Minimal None None The estimated construction cost for a roundabout on University Avenue is $550,000 versus the construction cost of a typical traffic signal intersection of $660,000. However, the estimated construction costs do not include the necessary right-of-way required to construct a roundabout if right-of-way is required. At Progress Avenue, a roundabout will require significant right-of-way beyond the existing right-of-way limits. The roundabout at Progress Avenue would require the total acquisition of two properties identified in the EA at 3840 University Avenue (in the northeast quadrant) and 3909 University Avenue (in the southwest quadrant) and approximately 10,000 square feet of additional right-of-way at 3910 University Avenue (in the northwest quadrant) and 3821 University Avenue (in the southeast quadrant). The two total acquisitions are estimated at $1,620,000. The total acquisition of the two properties would include demolition of the existing buildings and associated relocation costs. The estimated price for commercial fee acquisition is estimated at $21.00/square foot, for an estimated total of $210,000. 60528991/400/06-05-2017/Final - University Tech Memo 6-20-17.docx -4- JUt Ae 1753 of 300 At Ansborough Avenue, construction of a roundabout will create issues with accessing the frontage roads and fire station, along with the right-of-way impacts to the adjacent businesses. The roundabout at Ansborough Avenue had previously been eliminated as an alternative through the EA process due to the im pacts. At Wallgate Avenue, the existing traffic has decreased due to the closure of Edison Elementary School in 2011. The school was a traffic generator and, due to the closure, the traffic volumes no longer warrant a traffic signal at Wallgate Avenue. At Hackett Road, the installation of a roundabout would increase access for Hackett Road and the businesses on Hackett Road south of University Avenue. The roundabout at Hackett Road is shown to have minimal right-of-way impacts to the adjacent businesses. The roundabout at Hackett Road may increase the traffic on Hackett Road south of University Avenue; however, discussion on this issue had suggested guide signs may be posted to direct traffic to the north for Greenhill Road access. The City of Waterloo completed a Vissim Simulation comparing a roundabout to the Greenhill Road ramps to evaluate the impacts to the progression of traffic through the corridor. The simulation showed no significant increase in delays for the proposed roundabout compared to leaving the ramps for Greenhill Road in place. The proposed roundabout at Hackett Road would add roughly 3,810 square yards of pavement and have an estimated additional cost to construction of $275,000, with the additional cost of right-of-way estimated at $110,000. The total estimated additional cost for a roundabout at Hackett Road is $385,000. Currently, the University Avenue and Greenhill Road intersection operates safely per the 2013 University Avenue Safety Analysis Technical Memorandum and operates below the state average crash rates for the University Avenue corridor from Tunis Drive to the frontage road intersection at Casey's. Hackett Road Roundabout Greenhill Road Ramps At the south Greenhill Road ramps, the existing ramp traveling from Greenhill Road to eastbound University Avenue has a short merge taper between the ramp and the frontage road intersection at Casey's. The proposed solution to the merge taper would be to add a lane from the ramp to the frontage road intersection. This added lane would be marked as a turn -only lane, with a merge area on the far side of the intersection. Project Management Team Recommendation: The recommended intersection control for University Avenue is the coordinated traffic signal alternative, with the exception of Wallgate Avenue. Both Progress 60528991/400/06-05-2017/Final - University Tech Memo 6-20-17.docx -5- JUP ,Ae 1754 of 300 Avenue and the Greenhill Road ramps operate safely with the current configuration, and evaluation of the Progress Avenue and Hackett Road roundabouts resulted in increased costs for construction. The Progress Avenue roundabout has substantial costs in right-of-way acquisition and the Hackett Road roundabout has increased costs for construction and potential impacts to traffic with Hackett Road south of University Avenue. It is recommended the intersection of University Avenue and Wallgate Avenue remove the existing traffic signals and control Wallgate Avenue with a 2 -way stop at University Avenue. SPEED LIMITS Discussion: The roadway has a current posted speed limit of 45 mph from Midway Drive to Highway 63. West of Midway Drive, the City of Cedar Falls has decreased the speed limit on University Avenue from 45 mph to 35 mph with the reconstruction. The project team has evaluated the existing speed limit of the corridor and the possibility of lowering the speed limit to create a business -friendly corridor to enhance economic development and to increase safety for all modes of transportation. Technical Details: The speed of a corridor is contingent upon several different factors including, but not limited to, safety, capacity, access points, driver expectation and intersections. The Waterloo portion of University Avenue operates at below-average crash rates with the posted speed limit of 45 mph. The 2011 Green Book recommends urban arterial streets should be designed, where practical, to permit running speeds of 20 to 45 mph. Speeds in the lower portion of this range are applicable to more crowded business areas, such as University Avenue from Midway Drive to Tunis Drive. This section of University Avenue has a number of conflict points with drives directly onto University Avenue; and with a recommended 5 -lane cross section from Midway Drive to Tunis Drive, a relatively lower design speed is appropriate. University Avenue from Tunis Drive to Highway 63 is proposed to be a 4 -lane with raised median and will have partial access control with access to adjacent properties primarily from side -road intersections. The existing frontage roads are designed to separate the local traffic from the higher speed through traffic. Since 2008, the City of Waterloo has invested approximately $2.4 million into the University Avenue frontage roads from Greenhill Road to Ansborough Avenue. These public improvements assist with access control, safety, speed and efficiency of the University Avenue corridor. This section of University Avenue adequately meets driver expectations for a higher running speed due to the minimal driveway conflict points and traffic signal spacing. Project Management Team Recommendation: The recommendation for University Avenue from Midway Drive to Tunis Drive is a posted speed limit of 35 mph. The recommendation for University Avenue from Tunis Drive to Highway 63 is 45 mph. BUS TURNOUTS AND BUS STOPS Discussion: The Metropolitan Transit Authority (MET Transit) operates in both Waterloo and Cedar Falls. The information received from MET Transit indicates that the ridership is highest for the following bus stops: North Star Community Services (3420 University Avenue), Exceptional Persons Incorporated (EPI) (3675 University Avenue), Falls Avenue, and Ansborough Avenue. On University Avenue, two existing bus shelters are located at the Falls Avenue intersection. The project team is evaluating the use and possible locations for constructing bus turnouts as a part of the design. The Bus Stop ADA Improvements Project was originally going to improve a number of bus stops along University Avenue. Bus stop improvements along University Avenue have been pulled from the Bus Stop ADA Improvements Project and will be included with the University Avenue Project. 60528991/400/06-05-2017/Final - University Tech Memo 6-20-17.docx -6- juri5Ae l755 of 300 EPI/Tunis Drive North Star Community Services Falls Avenue Ansborough Avenue Technical Details: The Transit Cooperative Research Program (TCRP Report 19 - Guidelines for the Location and Design of Bus Stops) recommends bus turnouts have a minimum of 5:1 tapers and stopping area lengths of 50 feet for each standard 40 -foot bus. Bus turnout locations typically include bus shelters with paved bus stops. The MET Transit buses have front -door loading and unloading. The majority of the MET Transit buses are 30 feet in length; however, they do have three buses that are 37 feet in length. The North Star Community Services bus stop currently has the highest ridership. This location currently has front -door service in the mornings and afternoons for Route 8. MET Transit would ideally transition away from front -door pickup and drop-off and would like bus turnouts installed in front of North Star Community Services. The removal of front -door pickup and drop-off improves the bus route efficiency. Routes 6 and 7 have several riders going to and from North Star Community Services, utilizing the bus stops at the frontage road intersection at Casey's and Beck's. The closest location for riders for pickup and drop-off would be a mid -block turnout across from North Star Community Services. The EPI and Tunis Drive bus stop currently has the second highest ridership. The majority of the riders are going to or leaving EPI. The riders would be able to utilize the pedestrian crossings at the Tunis Drive traffic signals. The proposed bus turnout is near the Hanna Cabin Marker in the southeast corner of the Tunis Drive intersection. The bus stops will need to meet ADA requirements and be connected to the shared use path or sidewalk adjacent to the pads. The locations for the bus stops have been selected and approved by MET Transit. When on -street bus stops or bus pads are utilized, it is recommended to have the stops on the far side of the intersection because farside stops have the least effect on capacity, followed by mid -block stops. For 60528991/400/06-05-2017/Final - University Tech Memo 6-20-17.docx -7- Juri5Ae 11'56 of 300 nearside and farside stops, the front or back of the bus shall have a minimum 10 -foot separation from the crosswalk. Project Management Team Recommendation: The recommended locations for bus turnouts are near North Star, with turnout on the north and south sides of University Avenue. The location for the south side turnout will need to be adjusted to be a farside stop at the intersection of the Casey's and Beck's frontage road and University Avenue. The second recommended location for bus turnouts is near EPI, with turnouts on the north and south sides of University Avenue. This location would utilize the pedestrian crossings at the Tunis Drive traffic signal. The bus turnouts and amenities will be designed as part of the University Avenue Project; however, due to funding constraints, the bus turnouts and pads will be constructed and the shelters, benches and other amenities will be delayed until funding is available. The two existing bus shelters at Falls Avenue are recommended to be reused for the Falls Avenue bus stop. AESTHETIC IMPROVEMENTS Discussion: The project team will develop a roadside landscaping conceptual plan for the University Avenue Project. As a part of this work, the project team will identify areas and design concept level aesthetic improvements with preliminary costs, including plantings and streetscape elements. Technical Details: These amenities will need to be located in areas that will not impact the roadway users or block the required sight triangles. The selected plantings will need to consider the existing local conditions of competition, soil moisture and type, available nutrients, etc. Locations for future streetscape elements will be identified in areas that would be highly visible, while not creating conflicts for the roadway users. Project Management Team Recommendation: Recommend developing a landscape design for the future installation, as funding becomes available. SUMMARY The recommendations for the University Avenue Project are as follows: • coordinated traffic signals with a 10 -foot shared use path on the south and a 5 -foot sidewalk on the north; • 5 -lane section with a 35 mph speed limit from Midway Drive to Tunis Drive; • 4 -lane section from Tunis Drive to Highway 63 with a 45 mph speed limit; • bus turnouts at North Star Community Services and Tunis Drive; and • development of a landscape design for future installation, as funding becomes available. The above recommendations for the University Avenue Project follow the project purpose for the reconstruction of University Avenue optimizing the corridor operations to move people across and through the area safely and efficiently. The design is a Complete Street corridor that will be functional and appealing for non -motorists and motorists alike and will provide opportunities for future aesthetic enhancements and support growth and revitalization. 60528991/400/06-05-2017/Final - University Tech Memo 6-20-17.docx -8- juri5Ae l757 of 300 University Avenue Reconstruction — Key Recommendations Highway 63 to Tunis Drive — 4 Lane Section, 12 -ft Lanes, 2 -ft Standard Sloped Curb and Gutter and 16 -ft Median Tunis Drive to Midway Drive — 5 Lane Section, 12 -ft Lanes, 2 -ft Standard Rolled Curb and Gutter and 16 -ft Continuous Left Turn Lane Shared Use Path and Sidewalk Improvements Aesthetic Design Plan For Corridor Enhancements For Future Installation As Funding Becomes Available Bus Turnouts and Bus Stops Improvements Posted Speed Limit of 35mph for Tunis Drive to Midway Drive Posted Speed Limit of 45mph for Highway 63 to Tunis Drive Intersection Design of Coordinated Traffic Signals Midway Drive Intersection Reconstruction Includes Some Work In Cedar Falls. Execute A 28E Document With Cedar Falls To Establish Cost Sharing. Page 158 of 300 CITY OF WATERLOO Council Communication Resolution approving a Professional Services Agreement between the City of Waterloo and Louis Berger U.S., Inc., for an architectural re -survey of the Walnut Street neighborhood and a National Register of Historic Places (NRHP) historic district nomination for the Walnut Street area, in the amount of $20,750, and authorize the Mayor and City Clerk to execute said documents. City Council Meeting: 8/7/2017 Prepared: 8/1/2017 REVIEWERS: Department Planning & Zoning Clerk Office Reviewer Schroeder, Aric Even, LeAnn Action Approved Approved ATTACHMENTS: Description ❑ Louis Berger U.S., Inc. Professional Services Contract SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Type Cover Memo Date 8/2/2017 - 11:00 AM 8/2/2017 - 12:36 PM Resolution approving a Professional Services Agreement between the City of Waterloo and Louis Berger U.S., Inc., for an architectural re -survey of the Walnut Street neighborhood and a National Register of Historic Places (NRHP) historic district nomination for the Walnut Street area, in the amount of $20,750, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning and Development Director Approval The City of Waterloo entered into a development agreement with JSA for the revitalization of 4 houses in the Walnut Neighborhood. As part of the agreement the city agreed to engage in a historic survey of the neighborhood in order to nominate the area for the National Register of Historic Places. $20,750 Logan TIF and Bonds Economic Development and Downtown Revitalization. Page 159 of 300 Professional Services Agreement (Environmental Studies) Page 1 of 10 Between City of Waterloo and Louis Berger U.S., Inc. Project No. This Agreement is made effective as of August 7, 2017, between City of Waterloo, [Client] having offices at Waterloo, Iowa, and Louis Berger U.S., Inc., [Berger] a New York corporation, having its principal offices at 412 Mount Kemble Avenue, Morristown, New Jersey, U.S.A., and having an office located at Kansas City, Missouri. Client and Berger are also referred to individually as a "Party" and collectively as the "Parties". Client has engaged Berger to provide services of professional engineers and other scientists in support of a National Register of Historic Places Nomination for the Walnut Historic District [Project] The Project is located at Waterloo [Site] Iowa [State]. General Scope of the Assignment is as follows: An architectural re -survey of the Walnut Street neighborhood and a National Register of Historic Places (NRNP) historic district nomination for the Walnut Street area. In consideration of the mutual promises herein, Client and Berger agree that the terms and conditions of this Agreement are the following: 1. SERVICES 1.1. Services. Berger shall provide the professional services [Services] generally described above and in detail in Exhibit 1, incorporated and made part of this Agreement. Berger's obligations under this Agreement are solely for the benefit of Client and no other party is intended to benefit or have rights hereunder. 1.2. Standard of Care. Berger shall perform the professional services under this Agreement at the level customary for competent and prudent professionals performing such services at the time and place where the services are provided [Standard of Care]. These services will be provided by licensed engineers and other professionals and individuals skilled in other technical disciplines, as appropriate. 1.3. Instruments of Service. Berger is responsible for the professional quality, technical accuracy, timely completion, and the coordination of all instruments of its service including designs, drawings, specifications, reports [Service Instruments] and other services provided under this Agreement. 1.4. Subcontractors. Any subcontractors and outside associates or consultants to be engaged by Berger under this Agreement are limited to those Client specifically approves during the performance of this Agreement. 1.5. Services — Additional Services. If authorized in writing by Client, Berger shall furnish or obtain from others Additional Services and shall be paid for by Client as indicated in Section 4 of this Agreement. 1.6. Hazardous Materials. Client acknowledges that Berger has played no part in the creation of any hazardous waste, pollution sources, nuisance, or chemical or industrial disposal problem, if any, which may exist on or under the Site; and further, acknowledges that Berger does not assume responsibilities of a generator, operator, transporter or an arranger in the treatment, storage, disposal or transportation of waste as those terms are understood within the meaning of the Resource Conservation and Recovery Act, or the Comprehensive Environmental, Response, Compensation and Liability Act or in similar related State law. 2. CLIENT'S RESPONSIBILITIES 2.1. Client's Representative. Designate in writing a person to act as Client's representative under this Agreement. The Client representative shall receive and examine documents submitted by Berger, interpret and define Client's policies and decisions with respect to Berger's services for the Project, and render decisions and authorizations in writing promptly to prevent unreasonable delay in the progress of Berger's services. 2.2. Project Criteria. Provide all criteria and full information as to Client's requirements for the Project. 2.3. Project Information. Assist Berger by placing at Berger's disposal all available information pertinent to the Project including previous reports and any other data relative to the Project. These data may include (1) data prepared by others, including borings, subsurface explorations, hydrographic surveys, and laboratory tests and inspections of samples, materials and equipment, (2) appropriate professional interpretations of such data, (3) environmental assessments and impact statements, (4) property, boundary, easement, right-of-way, topographic and utility surveys, (5) property descriptions, zoning, deed and other land use restrictions, and (6) other necessary special data or consultations. Berger may rely on the accuracy and completeness of the supplied data. Client shall identify to Berger discrepancies in the information that are known or become known to Client, such as varying site conditions and/or plans. 2016; walnut survey contract Page 160 of 300 Professional Services Agreement (Environmental Studies) Page 2 of 10 Between City of Waterloo and Louis Berger U.S., Inc. Project No. 2.4. Access. Arrange for access to and make all provisions for Berger to enter upon public and private property as required for Berger to perform services under this Agreement. 2.5. Notice. Give prompt written notice to Berger whenever Client observes or otherwise becomes aware of any development that affects the scope or timing of Berger's services. 2.6. Permits. Furnish approvals and permits from govern—mental authorities or other entities having jurisdiction over the Project and approvals from others as may be necessary for the timely completion of the Project. 2.7. Expert Advice. Provide legal, accounting, insurance or other necessary advisory services for the Project but outside of Berger's competencies. 3. PERIOD OF SERVICES 3.1. Time of Performance. The parties anticipate the orderly and continuous progress of the Project within the period described in Exhibit 1. 3.2. Delays. If this Agreement specifies periods of time for performance of services or specific dates by which services are to be completed and if such periods or dates are exceeded through no fault of Berger, the compensation shall be subject to adjustment that is equitable in the circumstances. Adjustment of the time for performance shall not automatically results in adjustment of Berger's compensation. 3.3. Start of Performance. Berger will start the Services upon authorization by Client. Unless otherwise stated in this Agreement, signing of this Agreement by both Client and Berger will constitute such authorization. If Client elects to authorize Berger to proceed before signing this Agreement, Berger shall be paid as if the services had been performed after both parties signed this Agreement. 3.4. Completion of Performance. For the purposes of final payment under Section 4, completion of Berger's services will occur upon delivery of the final report or the completion date described above, as appropriate. 3.5. Force Majeure. If a force, event, or circumstance beyond Berger's control interrupts or delays Berger's performance, the time of performance of the Services shall be equitably adjusted. Neither Client nor Berger shall be considered in default in the performance of its obligations under this Agreement to the extent that the performance of any such obligation, except the payment of money, is prevented or delayed by any cause, existing or future, which is beyond the reasonable control of the affected party, or by strike, lockout or other labor difficulty, the settlement of which is not within the sole discretion of the party involved. 4. PAYMENTS TO BERGER 4.1. For Services. Client shall pay Berger the amount stated in invoices issued in accordance with Exhibit 2 [Pricing Schedule] for actual work performed and reimbursable expenses incurred during the period covered by the invoice. Invoices are due and payable within 30 days after receipt by Client. Client's payments shall be in the form and shall be sent to the Berger address as described in the invoices. 4.2. For Additional Services. Client shall pay Berger for additional services actually performed pursuant to Client's authorization. 4.3. Litigation Services. If Client requires Berger's services either as a witness in, or support of, litigation or other dispute resolution procedures between Client and a third party, Berger will provide such services in accordance with a pricing schedule for litigation services. 4.4. Delay or Termination. 4.4.1. If Client delays the performance of, or payment for, services under this Agreement for more than 3 months for a reason(s) other than Berger's fault, Berger may suspend performance until it receives payment in full for services ren- dered and expenses incurred to the date of suspension. 4.4.2. If Client terminates this Agreement prior to completion of the Services, Berger shall be paid in full for services rendered and expenses incurred to the date of termination, including reasonable demobilization and termination expenses. 4.5. Disputed Amounts. If Client disputes an item(s) or amount(s) contained in an invoice, Client agrees to pay the balance of the undisputed invoiced amounts to Berger in accordance with Exhibit 2. 2016; walnut survey contract Page 161 of 300 Professional Services Agreement (Environmental Studies) Page 3 of 10 Between City of Waterloo and Louis Berger U.S., Inc. Project No. 4.6. Collection. Any reasonable attorneys' fees or other reasonable costs incurred by Berger in collection of amounts delinquent by more than sixty (60) days shall be paid by Client. 4.7. Disputed Services. No payments will be made for Services not properly completed; or work not accepted by Client, until such time as the Parties resolve the matter of the disputed Services. If Client disputes an item(s) or amount(s) contained in a statement, Client agrees to pay the balance of the undisputed invoiced amounts in accordance with Berger's invoices. Any contract price adjustments must be approved in writing by Client and Berger. 5. MISCELLANEOUS PROVISIONS 5.1. Changes. By written notice at any time, Client may change the Services, provided such changes are within the general scope of the services contemplated by this Agreement. In such event, an equitable adjustment both in the compensation for and time of performance of the Agreement shall be made in writing prior to Berger's performing the changed services. 5.2. Termination. This Agreement may be terminated by either Client or Berger for any reason whatsoever upon seven (7) days' written notice. Berger shall be paid for all services rendered up to the point of termination. 5.3. Confidentiality. Berger will hold secret and confidential all information designated by Client as confidential [Confidential Information]. Berger will not reveal Confidential Information to a third party unless: 5.3.1. Client consents in writing; 5.3.2. the information is or becomes part of the public domain; 5.3.3. Berger lawfully possessed the information before receipt from Client; 5.3.4. applicable law, regulation, court order or an agency of competent jurisdiction requires its disclosure; or 5.3.5. failure to disclose the information would pose an imminent and substantial threat to human health or the envi- ronment. 5.4. Service Instruments and Reuse. The Service Instruments furnished under this Agreement are the tangible results of Berger's professional services for the Project. Berger shall retain ownership and property interests in the Service Instruments. Client may make and retain copies for information and reference in connection with the Project by Client and others; however, such service Instruments are not intended or represented to be suitable for reuse by Client or others for modifications to the Project or on any other project. Any reuse without written verification or adaptation by Berger for the specific purpose intended will be at Client's sole risk and without liability or legal exposure to Berger; and Client shall indemnify and hold harmless Berger, its officers, directors, agents and employees from all claims, damages, losses and expenses including attorney's fees arising out of or resulting therefrom. Any such verification or adaptation by Berger will entitle Berger to further compensation at rates to be agreed upon by Client and Berger. 5.5. Computer Applications and Software. All computer applications and software shall be compatible with Client's applications and standards and/or those required by Client. All computers used by Berger shall be equipped with anti-virus software. All electronically stored data on Berger's network server shall have back-up no less often than daily. 5.6. Insurance. Berger will maintain insurance against the following risks during the term of the Agreement: 5.6.1. workers compensation in statutory amounts and employer's liability for Berger's employees' Project -related injuries or disease; 5.6.2. general liability and automobile liability each in the amount of $1,000,000 for personal injury or property damage to third parties which arises from Berger's performance under this Agreement; and 5.6.3. professional liability in the amount of $1,000,000 for legal obligations arising out of Berger's failure to meet the Standard of Care. 5.7. Controlling Law. This Agreement shall be interpreted by the laws of the State without giving effect to the choice of law rules therein. 5.8. Disputes. If a dispute or complaint [Dispute] arises concerning this Agreement, Client and Berger will negotiate a resolution of the Dispute. Should negotiation be unsuccessful, up to three sessions of mediation of the Dispute by a mutually acceptable third party shall be attempted; with the costs equally shared by both parties. Following the third meeting or earlier if appropriate, the mediator shall report to the parties whether he/she believes the Dispute is resolvable through mediation. At that point, the parties may end the mediation and adjudicate the Dispute. If adjudicated, the laws of the State shall control both the action and the substantive issues unless required by law to be filed in a federal district court. 2016; walnut survey contract Page 162 of 300 Professional Services Agreement (Environmental Studies) Page 4 of 10 Between City of Waterloo and Louis Berger U.S., Inc. Project No. 5.9. Liability. Berger's total liability to Client for any and all injuries, claims, losses, expenses, damages, or claim expenses arising out of this agreement from any cause or causes shall be $100,000 or the total amount of Berger's fee for its Services, whichever is greater. Such causes include but are not limited to Berger's negligent acts, errors or omissions, strict liability, breach of contract or breach of warranty (expressed or implied). Neither Client nor Berger shall be liable to the other party for any special, indirect or consequential damages, whether caused or alleged to be caused by their negligence, strict liability, breach of contract or warranty under this Agreement. 5.10. Indemnification. 5.10.1. By Berger. To the fullest extent permitted by law, Berger shall indemnify and hold Client harmless from and against any and all liabilities, losses, damages, costs and expenses (including reasonable attorneys' fees and court costs) which Client hereafter may suffer as the result of any claim, demand, action or property damage to the extent caused by the negligent acts, errors, omissions, or willful misconduct of Berger. Berger shall not be liable to the extent that any liability, loss, damage, costs, and expense arises or results from an act or omission, or negligence by Client. 5.10.2. By Client. Client acknowledges and agrees that Berger has not created or contributed to the creation or existence of any hazardous or toxic waste, material, or substance, or any other type of environmental hazard or pollution (as those terms are commonly understood or defined by applicable laws or regulations and collectively termed "Pollution" with regard to this paragraph) in connection with the Project. In addition, the compensation to be paid Berger under this Agreement is not commensurate with the risk of injury or loss which may be caused by Pollution. To the fullest extent permitted by law, Client shall indemnify, defend and hold Berger harmless from and against any and all liabilities, losses, damages, costs and expenses (including reasonable attorneys' fees and court costs) which Berger hereafter may suffer as the result of resulting from the presence of at the Site or the release of Pollution onto or off the Site. 5.11. Site Safety. Berger's site responsibilities are limited solely to the activities of Berger and Berger's employees or consultants on site. These responsibilities shall not be inferred by any party to mean that Berger has overall responsibility for site safety. 5.12. Site Safety -Construction. If the Project site for which Berger is performing its scope of services is a construction site or Client has, in any manner, retained contractors for construction -related work on its site, Client and Berger agree that safety in, on, or about the site shall be the sole and exclusive responsibility of Client's contractor alone. The contractor's methods of work performance, superintendence of the contractor's employees, and sequencing of construction shall also be the sole and exclusive responsibilities of the contractor alone. Client warrants that: 1) The contractor's sole and exclusive site safety responsibilities shall be clearly stated in Client's agreement with the contractor; 2) Client's agreement with its contractor shall require the contractor to indemnify, defend, and hold Client and Berger harmless from any claim or liability for injury or loss arising from Client's or Berger's alleged failure to exercise site safety responsibility; and 3) Client's agreement with the contractor shall require the contractor to make Client and Berger additional insureds under the contractor's general liability insurance policy, which insurance protection shall be primary protection for Client and Berger. 5.13. Notices. Written notices may be delivered in person or by certified mail, by facsimile, or by courier. Such notices shall be effective upon the date of receipt by the party. Notices shall be delivered or sent to the designated representative of the other party at the address(s) given below the signature block of this Agreement. An address may only be changed by written notice. 5.14. Independent Contractor. Berger represents that it is an independent contractor and is not an employee of Client. 5.15. Integration. This Agreement represents the entire and integrated agreement between Client and Berger and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Client and Berger. 5.16. Waiver and Severability. A waiver or breach of any term, condition, or covenant by a party shall not constitute a waiver or breach of any other term, condition or covenant. If any court of competent jurisdiction declares a provision of this Agreement invalid, illegal, or otherwise unenforceable, the remaining provisions of the Agreement shall remain in full force and effect 5.17. Captions. The captions in the Agreement are for the convenience of the parties and convey no rights or obligations upon either of them. 6. EXHIBITS 2016; walnut survey contract Page 163 of 300 Professional Services Agreement (Environmental Studies) Page 5 of 10 Between City of Waterloo and Louis Berger U.S., Inc. Project No. 6.1. Exhibits. The following Exhibits are attached to and made a part of this Agreement: 6.1.1. Exhibit 1. Scope of Services. 6.1.2. Exhibit 2. Fees and Payment Method 6.1.3. Exhibit 3. Additional Project -Specific Conditions This Agreement is a valid and authorized undertaking of Client and Berger. The representatives of Client and Berger who have signed below have been authorized to do so. IN WITNESS WHEREOF, the parties hereto have executed this agreement effective as of date shown on the first page of this Agreement City of Waterloo Louis Berger U.S., Inc. 11By: Name (Print): Title (Print): Date: Quentin Hart Hope Luhman, RPA Mayor, City of Waterloo Senior Vice President, Louis Berger U.S., Inc. Notice 715 Mulberry Street Address: Waterloo, IA 50703 2016; walnut survey contract 412 Mount Kemble Avenue Morristown, NJ 07962 Attn: Legal Department Page 164 of 300 Professional Services Agreement (Environmental Studies) Page 6 of 10 Between City of Waterloo and Louis Berger U.S., Inc. EXHIBIT 1 SCOPE SERVICES Project No. E.I - 1. Scope of Services: 1.1. The scope of services under this Agreement includes the following tasks: Research Design: Louis Berger will develop a research design for the project outlining the appropriate research and survey methodology to complete the NRHP nomination following Iowa State Historic Preservation Office (SHPO) and National Park Service (NPS) guidelines. Background Research: Upon approval of the research design, Louis Berger will conduct site-specific and contextual research to provide historical data necessary to interpret each property within its broader context and evaluate it with regard to NRHP Criteria. Historical resources that should contain information about the history of each building include deed records, abstracts, historical photographs, local histories, Sanborn fire insurance maps, city directories, and newspapers. Repositories that will provide valuable information include the Hans M. Chryst Archival Library at the Grout Museum of History and Science, Waterloo Public Library, Black Hawk County Courthouse, and State Historical Society Library in Des Moines. Resources consulted will include the 1992 survey of the Walnut Street Historic District by PHR Associates, for basic information on the history of the neighborhood as well as individual resources, and Waterloo Factory City of Iowa; Survey of Architecture and History, completed by Barbara Beving Long in 1986, for contextual information regarding the overall developmental history of the city and the Walnut Street area, as well as information on typology for commercial buildings, residences, apartments, and double houses. Louis Berger will draw upon other previous surveys/nominations, including the East High School NRHP nomination and the Part 1 tax credit application for the KWWL building, as necessary to develop the historical narrative and description sections of the nomination. The historic context for the NRHP nomination will be organized chronologically following major development periods in the history of the neighborhood. Architectural Survey: Louis Berger architectural historian Natalie Thomas and Research Analyst Emily Lenhausen will conduct the re- survey of the Walnut survey area under the direction and oversight of Senior Architectural Historian Camilla Deiber. The survey will include all 66 properties in the survey area: 44 residences, 19 commercial buildings, and three multi family complexes. We understand that two churches (Walnut Street Baptist and Grace Methodist Episcopal Church) are already listed in the NRHP. The area also includes public buildings such as the East High School, for which Ms. Deiber drafted an NRHP nomination in 2001 associated with the Public Schools for Iowa MPD. Survey of these properties will consist of field examination, notation, and photography for any property that is potentially eligible for listing in the NRHP individually or as a contributing resource in a historic district. Surveyors will take representative photographs of these buildings and note any significant changes in integrity for the NRHP nomination. Contextual views will be taken for the entire area. Louis Berger intends to use digital photographs that will conform to Iowa SHPO Standards for Digital Photography. All photographs and associated material, such as CD-ROMs, will meet Iowa SHPO requirements for NRHP nominations. Although no deliverable is required for this task, Louis Berger intends to deliver a summary of the survey findings to the City that delineates all of the contributing and non-contributing resources within the boundary of the proposed historic district. NRHP Nomination: The NRHP nomination will be submitted digitally according to Iowa SHPO Digital National Register Submission standards and conform to guidelines in National Register Bulletin 16A: How to Complete the National Register Registration Form and will be completed on NPS Form 10-900 (Rev. Oct 1990) OMB 1024-0018. As outlined in the RFP, Louis Berger will submit a draft nomination to the SHPO and Waterloo Historic Preservation Commission (WHPC) concurrently for review. Louis Berger will address all comments and submit the revised draft to SHPO by the August 1, 2018, deadline for presentation of the nomination at the October 12, 2018, State Nomination Review Committee (SNRC). Louis Berger will incorporate any revisions requested at the SNRC meeting into the final NRHP nomination. Public Meetings: Louis Berger will participate in two public meetings for the project in Waterloo, as suggested in the RFP, to explain the nominating process and present the findings of the historical research/survey and the benefits of listing in the NRHP. PowerPoint presentations will be developed in consultation with your office and the WHPC for each of these meetings. E.I - 2. Definition and Schedule of Deliverables: 2.1. TASK COMPLETION DATE 2016; walnut survey contract Page 165 of 300 Professional Services Agreement (Environmental Studies) Page 7 of 10 Between City of Waterloo and Louis Berger U.S., Inc. Research Design Public Neighborhood Meeting Research and Field Survey Public Meeting Draft Form Submitted to IA SHPO and WHPC Draft Form Comments from SHPO and WHPC Revised Draft Submitted to SHPO Final Draft Submitted to SHPO for SNRC Final Public Meeting Present Nomination to SNRC 2016; walnut survey contract September 15, 2017 October/November 2017 October/November 2017 March/April 2018 April 2, 2018 May 2, 2018 July 16, 2018 August 1, 2018 September 2018 October 12, 2018 Project No. Page 166 of 300 Professional Services Agreement (Environmental Studies) Page 8 of 10 Between City of Waterloo and Louis Berger U.S., Inc. EXHIBIT 2 Payment Method and Schedule E.2 - 1. Payment Method Project No. The Payment Method and Schedule consists of this page plus the following documents, attached and made part of this Agreement: 1.1.1. The financial proposal previously submitted 1.1.2. Payment Schedule E.2 - 2. Fees for Services 2.1. Lump Sum. For Services under Exhibit 1, Client shall pay Berger a lump sum of $ 20, 750.00 2.2. Payments on account of services rendered and for reimbursable expenses incurred shall be made according to the Payment Schedule. No deductions shall be made from Berger's compensation on account of penalty, liquidated damages or other sums withheld from payments to construction contractors, or on account of the cost of changes in the work other than those for which Berger has been adjudged to be liable in accordance with the dispute resolution procedures in this Agreement. 2.3. The fees shown above does not include all taxes, levies, fees, etc., Should any tax, levy, fee, etc., be claimed from Berger by the local controlling revenue authority or any other government, it will be directly settled by Client on behalf of Berger. 2.4. In lump sum contracts, the quantities indicated, frequencies and/or locations of work (if any) presented in this contract are approximate and are to be used for setting the contract price. Berger makes no guarantee as to the accuracy of these quantities. The quantities may be minimal, increase, decrease, or be omitted for any reason (i.e., changing Client goals, conditions, budgetary restrictions, etc.), with appropriate adjustment to the contract price, but without adjustment to unit prices. 2.5. If Client fails to make any payment due Berger for services and expenses within thirty (30) days after receipt of Berger's statement therefore, the amounts due shall bear interest, at 1.5% per month, from said thirtieth day. 2016; walnut survey contract Page 167 of 300 Professional Services Agreement (Environmental Studies) Page 9 of 10 Between City of Waterloo and Louis Berger U.S., Inc. EXHIBIT 3 ADDITIONAL PROJECT -SPECIFIC CONDITIONS Project No. E.3-1 Advisory Assignments. 1.1 Where a Scope of Services include assignments for advice, analysis or opinions by Berger to Client on certain engineering - related scenarios, Berger does not accept any responsibility for damages, if any, that may result from decisions made or actions taken by any third parties, based on our advice, analysis or opinions. Without Berger's specific permission to rely on such advice, analysis or opinions, any use that a third party makes of Berger's advice, analysis or opinions will be the sole risk of the third party. E.3-2 Construction Costs And Change Orders 2.1 Construction Cost. The cost of constructing the Project ["Construction Cost"] means the total cost to Client of those portions of the Project designed and specified by Berger. Construction Cost will not include Berger's compensation and expenses, the cost of land, rights of way, or compensation for properties unless specified in Exhibit 1. Construction Cost will also not include Client's legal, accounting, or insurance counseling services, or interest and financing charges incurred in connection with the Project, or the cost of services to be provided by others unless otherwise specified in Exhibit 1. 2.2 Opinions of Cost. Berger has no control over the cost of labor, materials, equipment or services furnished by others, or over the Contractor's methods of determining prices, or over competitive bidding or market conditions. Berger's opinion of probable Construction Cost is made on the basis of Berger's experience and qualifications and represents Berger's judgment as an experienced and qualified professional engineering firm, familiar with the construction industry. Berger does not guarantee that proposals, bids or actual Project cost will not vary from Berger's opinions of probable Construction Cost. 2.3 Construction Change Orders. Client recognizes and expects that certain construction change orders may be required to be issued as the result in whole or in part of imprecision, incompleteness, errors, omissions, ambiguities, or inconsistencies in the drawings, specifications, and other design documentation furnished by Berger or in the other professional services performed or furnished by Berger under this Agreement ("Covered Change Orders"). Accordingly, Client agrees not to make claim directly or indirectly against Berger on the basis of professional negligence, breach of contract, or otherwise with respect to the costs of approved Covered Change Orders unless the costs of such approved Covered Change Orders exceed 15% of Construction Cost, and then only for an amount in excess of such percentage. Any responsibility of Berger for the costs of Covered Change Orders in excess of such percentage will be determined on the basis of applicable contractual obligations and the Standard of Care. 2.3.1 For purposes of this paragraph, the cost of Covered Change Orders will not include any costs that Client would have incurred if the work in the Covered Change Order had been included originally without any imprecision, incompleteness, error, omission, ambiguity, or inconsistency in the Contract Documents and without any other error or omission of Berger related thereto. Nothing in this provision creates a presumption that, or changes the Standard of Care for determining if, Berger is liable for the cost of Covered Change Orders in excess of the percentage of Construction Cost stated above or for any other change order. E.3-3 Site Safety -Construction. 3.1 If the Project site for which Berger is performing its scope of services is a construction site or Client has, in any manner, retained contractors for construction -related work on its site, Client and Berger agree that safety in, on, or about the site shall be the sole and exclusive responsibility of Client's contractor alone. The contractor's methods of work performance, superintendence of the contractor's employees, and sequencing of construction shall also be the sole and exclusive responsibilities of the contractor alone. Client warrants that: 1) The contractor's sole and exclusive site safety responsibilities shall be clearly stated in Client's agreement with the contractor; 2) Client's agreement with its contractor shall require the contractor to indemnify, defend, and hold Client and Berger harmless from any claim or liability for injury or loss arising from Client's or Berger's alleged failure to exercise site safety responsibility; and 3) Client's agreement with the contractor shall require the contractor to make Client and Berger additional insured's under the contractor's general liability insurance policy, which insurance protection shall be primary protection for Client and Berger. E.3-4 Site Conditions 4.1 Berger shall not be liable for: (i) damage or injury to any subterranean structures (including, but not limited to, utilities, mains, pipes, tanks, and telephone cables) or any existing subterranean conditions; or the consequences of such damage or injury, if with respect to this clause (i), such structures or conditions were unknown and were not identified or shown, or were 2016; walnut survey contract Page 168 of 300 Professional Services Agreement (Environmental Studies) Page 10 of 10 Between City of Waterloo and Louis Berger U.S., Inc. Project No. incorrectly shown, in information or on plans furnished to or obtained by Berger in connection with the Services; (ii) concealed conditions encountered in the performance of the Services; (iii) concealed or unknown conditions in an existing structure at variance with the conditions indicated by the Scope of Services; or (iv) unknown physical conditions below the surface of the ground that differ materially from those ordinarily encountered and are generally recognized as inherent in work of the character provided under this Agreement. 4.2 Geologic and soil formations are inherently random, and indeterminate in nature, and subject to change with time as a result of natural or man-made processes, including water permeation. Accordingly, Berger cannot guarantee the results from subsurface investigations to be a complete representation of actual Site conditions. 4.3 Client shall provide to Berger all plans, maps, drawing and other documents identifying the location of any subterranean structures on the Site. Prior to location of any drilling or excavation below the ground surface, Berger shall obtain the concurrence of the Client as to the location for such drilling or excavation. 4.4 Should: (i) concealed conditions be encountered in the performance of the Services; (ii) concealed or unknown conditions in an existing structure be at variance with the conditions indicated by the Scope of Services or Work Authorization; or (iii) unknown physical conditions below the ground differ materially from those ordinarily encountered and generally recognized as inherent in work of the character provided under this Agreement; then the amount of this Agreement and/or time for performance shall be equitably adjusted by change order upon claim by either Party made within twenty (20) days after the first observance of the conditions. E.3-5 Hazardous Materials 5.1 Client agrees that title to all types of hazardous or toxic waste, material, or substance originating at or removed from the Site will remain in and with Client and that Client will not challenge said title by any means, including actions in state or federal court or any other forum. 5.2 If this Agreement requires the containerization, transportation, or disposal of any hazardous or toxic wastes, materials or substances, Berger is not, and has no authority to act as a generator, arranger, transporter, or disposer of any hazardous materials or toxic wastes, materials or substances that may be found or identified on, at, or around the Site. In this regard, Client and Berger agree as follows: 5.2.1 Berger will assist Client in obtaining the services of licensed hazardous materials contractors for the transportation and disposal of all hazardous or toxic wastes, materials or substances. Client shall contract directly for those services. 5.2.2 Client will provide all required hazardous or toxic wastes, materials or substance generator numbers, signed manifests, storage and treatment permits, and any permits or licenses required by local, state, or federal laws or regulations for the generation, transportation, storage, treatment and/or disposal of any hazardous or toxic wastes, materials or substances. E.3-6 Access To Site 6.1 During the term of this Agreement, Client shall grant to or cause to be made available to Berger reasonable and necessary nonexclusive access to the Site and other Sites, as necessary, for purpose of allowing Berger to perform the Services and fulfill its obligations under this Agreement. Berger shall comply with generally accepted safety procedures and all other safety procedures that have been communicated to Berger or its Personnel by Client. If the Site is sold or otherwise conveyed to a third party, Client shall immediately notify Berger if Client is unable to obtain necessary access within a timely manner. Should Berger be obstructed or delayed in the commencement, performance or completion of the Work, without fault on its part, by reason of not having full access to the Site, and then Berger will be entitled to an adjustment in compensation and/or an extension in the completion time requirements. 2016; walnut survey contract Page 169 of 300 CITY OF WATERLOO Council Communication Resolution approving a request by the City of Waterloo for the preliminary plat of Brock Second Addition, a one lot industrial subdivision located west of 2010 West Ridgeway Avenue. City Council Meeting: 8/7/2017 Prepared: 8/1/2017 REVIEWERS: Department Planning & Zoning Clerk Office Reviewer Schroeder, Aric Even, LeAnn ATTACHMENTS: Description ❑ Certificate of Survey ❑ Attachments - Brock Second Add Pre SUBJECT: Submitted by: Recommended Action: Summary Statement: Action Approved Approved Type Backup Material Cover Memo Date 8/2/2017 - 10:47 AM 8/2/2017 - 12:43 PM Resolution approving a request by the City of Waterloo for the preliminary plat of Brock Second Addition, a one lot industrial subdivision located west of 2010 West Ridgeway Avenue. Submitted By: Noel Anderson, Community Planning and Development Director Approval Transmitted herewith is a request for the preliminary plat of Brock Second Addition, a one lot industrial subdivision located west of 2010 West Ridgeway Avenue. Please find attached to this council letter the following items: • Staff report • Aerial photograph • Preliminary Plat • Legal Description • Report of City Engineer At the July 11, 2017 Planning, Programming and Zoning Commission meeting, the Commission voted unanimously to approve the preliminary plat. The request would not appear to have a negative impact on the surrounding vehicular and pedestrian traffic conditions. The applicant would be gaining access to the lot from West Ridgeway Avenue, which is classified as a Minor Arterial according to the Federal Functional Classification System. The curb cut location will be aligned with Titan Trail, which is located south of West Ridgeway Avenue. Martin Road is located to the east and is classified as a Local Street. Highway 63 is located further to the east and is Page 170 of 300 Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Legal Descriptions: classified as a Principal Arterial The area was rezoned from "U-1" Unclassified District to "M -2,P" Planned Industrial District through ordinance number 4690 on May 3, 2004. North — Agricultural Ground, zoned "M -2,P" Planned Industrial District. East — Denso International, "M -2,P" Planned Industrial District. South — Pro Build and vacant land, zoned "M -2,P" Planned Industrial District and "B -P" Business Park District. West — Vacant land, zoned "M -2,P" Planned Industrial District. The submitted plat shows one new lot being platted west of 2010 West Ridgeway Avenue and being 4.59 acres in size. The preliminary plat shows existing contours, however, proposed are not being shown and the surveyor has been made aware that this needs to be shown. A 100' building setback line is shown on the property in question, which is the minimum building setback for the "M -2,P" Planned Industrial District. A 15' drainage and utility easement is shown along the frontage of the lot to allow for the extension of utilities to serve the proposed blending site. On the final plat, there is no legal description shown and this will need to be put on before it is sent to the City Council. N/A N/A Land Use N/A N/A That part of the Southeast Quarter (SE 1/4) of Section Thirty-two (32), Township Eighty-nine North (T89N), Range Thirteen West (R13W) of the Fifth Principal Meridian, Waterloo, Black Hawk County, Iowa, described as follows: Beginning at the Southwest corner of Lot One (01), Brock Addition; thence S 89° 10' 10"W Four Hundred (400.00) feet along the North right-of-way line of Ridgeway Avenue as per Land Deed 569, Page 604 in the Black Hawk County Recorder's Office; thence N00°49'33"W Five Hundred (500.00) feet; thence N89° 10' 10"E Four Hundred (400.00) feet to the West line of aforesaid Lot One (01); thence S00°49'33"E Five Hundred (500.00) feet along said West line to the point of beginning containing 4.59 acres. Page 171 of 300 Page 1 of 1 WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC. PHONE: (VOICE) 319-235-6294 P. O. BOX 898 WATERLOO, IOWA 50704-0898 (FAX) 319-235-0028 CERTIFICATE OF SURVEY I, David L. Scheil, Licensed Land Surveyor, do hereby certify that I have made a survey of what is to be known as BROCK SECOND ADDITION, Waterloo, Black Hawk County, Iowa, which is located on and embraces the following described premises, to -wit: DESCRIPTION That part of the Southeast Quarter (SE 1/4) of Section Thirty-two (32), Township Eighty-nine North (T89N), Range Thirteen West (R13W) of the Fifth Principal Meridian, Waterloo, Black Hawk County, Iowa, described as follows: Beginning at the Southwest corner of Lot One (01), Brock Addition; thence S89°10'10"W Four Hundred (400.00) feet along the North right-of-way line of Ridgeway Avenue as per Land Deed 569, Page 604 in the Black Hawk County Recorder's Office; thence N00°49'33"W Five Hundred (500.00) feet; thence N89° 10' 10"E Four Hundred (400.00) feet to the West line of aforesaid Lot One (01); thence S00°49'33"E Five Hundred (500.00) feet along said West line to the point of beginning containing 4.59 acres (200,000 square feet). I further certify that the accompanying plat is a true representation of such survey and is made in accordance with my field notes thereof; that the location of streets, avenues and lots and their representative names, numbers, widths, courses and dimensions are to be as shown on the accompanying plat; that said survey and plat contain and show any excesses and/or deficiencies from former surveys, and that iron stakes are set at all lot corners by one year from this date. WITNESS my hand and seal at Waterloo, Iowa, this day of , 2017. (Folder\LegalDesc-Brock 2nd ADD.cs) David L. Scheil L.S. No. 16775 State of Iowa My license renewal date is December 31, 2018 Pages of sheets covered by this Seal 1 Page 172 of 300 REQUEST: APPLICANT: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN AND COMPLETE STREETS POLICY: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: DEVELOPMENT HISTORY: BUFFERS/ SCREENING July 11, 2017 Request by for the preliminary and final plat of Brock Second Addition. City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. The applicant is requesting to plat one commercial lot along West Ridgeway Avenue just west of its intersection with Martin Road to allow for the construction of a fuel blending station. The request would not appear to have a negative impact on the surrounding neighborhood or land use. The area is currently seeing an increase in new commercial development with recent approval of rezone and plat requests. The request would not appear to have a negative impact on the surrounding vehicular and pedestrian traffic conditions. The applicant would be gaining access to the lot from West Ridgeway Avenue, which is classified as a Minor Arterial according to the Federal Functional Classification System. The curb cut location will be aligned with Titan Trail, which is located south of West Ridgeway Avenue. Martin Road is located to the east and is classified as a Local Street. Highway 63 is located further to the east and is classified as a Principal Arterial. Currently no sidewalks are located around the property in question. The City of Waterloo has adopted a Complete Streets Policy and it is the intent of that policy to fill sidewalk gaps as development occurs. Due to no sidewalks being constructed on adjacent properties and the Sergeant Road Trail being located just east of the site in question, sidewalks would not appear to be needed as a part of the development of this property. A trail is planned for the south side of West Ridgeway Avenue in the future. The area was rezoned from "U-1" Unclassified District to "M -2,P" Planned Industrial District through ordinance number 4690 on May 3, 2004. North —Agricultural Ground, zoned "M -2,P" Planned Industrial District. East — Denso International, "M -2,P" Planned Industrial District. South — Pro Build and vacant land, zoned "M -2,P" Planned Industrial District and "B -P" Business Park District. West — Vacant land, zoned "M -2,P" Planned Industrial District. The area is comprised of commercial and industrial development and also vacant property. Denso International was developed in 2004. The property in question was acquired by the City in 2004 and has been in crop production since at least 1982. No screening or additional buffers are required. The site plan does indicate a security fence will be located around the perimeter of the W of 2010 Ridgeway Ave — Brock Second Add. PS1F171 of 300 REQUIRED: DRAINAGE: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC: RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: July 11, 2017 property along with landscaping along the fence line in numerous locations around the main development area. A restricted access gate is proposed at the entrance of the property that will be activated with a card reader. A drainage plan for the project will need to be submitted and reviewed by the Engineering Department prior to issuance of a building permit for the project. A small portion of the westerly portion of the project area (4.5 acres) is located within the 100 -year floodplain and a majority of the property is located within the 500 -year floodplain as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Numbers 0282F, dated July 18, 2011. A grading/filling plan is still needed to be submitted, but the plan will be to fill the site so it is above the floodplain. No schools are located within the vicinity around the project site. The Katoski Greenbelt is located approximately a 1/4 mile to the west. Sewer and water will need to be extended to serve the area in question. Sanitary sewer is located east of the site in question in Martin Road and West Ridgeway Avenue. A 12" water main is located south of West Ridgeway Avenue and a 4" gas main is located along the southerly property line of the property in question within the north right-of-way of West Ridgeway Avenue. The Future Land Use Map designates this area as Industrial and the proposed plat would be in conformance with the Future Land Use Map for this area and the Comprehensive Plan. The applicant is proposing the construction of a biodiesel fuel blending station for approximately 4.5 acres of the area in question along Ridgeway Avenue. The site plan shows four storage tanks initially along with a 20'x22' maintenance building and a fueling building with 3 entrance and exit points on the north and south side of the building to allow for trucks to conduct work inside of the structure. The proposed blending facility would be the first for Kwik Trip in the State of Iowa and would fill a need for their growing footprint in the state. At full building out, there could be up to ten tanks and up to twenty trucks per day. The submitted plat shows one new lot being platted west of 2010 West Ridgeway Avenue and being 4.59 acres in size. The preliminary plat shows existing contours, however, proposed are not being shown and the surveyor has been made aware that this needs to be shown. A 100' building setback line is shown on the property in question, which is the minimum building setback for the "M -2,P" Planned Industrial District. A 15' drainage and utility easement is shown along the frontage of the lot to allow for the extension of utilities to serve the proposed blending site. W of 2010 Ridgeway Ave — Brock Second Add. PS1F 7143 of 300 July 11, 2017 On the final plat, there is no legal description shown and this will need to be put on before it is sent to the City Council. Also, no certificate of survey has been submitted and this will need to be turned in as well before going to the City Council. STAFF Therefore, staff recommends that the request for the preliminary RECOMMENDATION: and final plat of Brock Second Addition be approved for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area. 2. The request would not appear to have a negative impact upon pedestrian and traffic conditions within the surrounding area with proper traffic control measures in place. 3. The request is in conformance with the Future Land Use Map and Comprehensive Plan for this area, which designate it as Industrial. 4. The request appears to meet the intent of the Subdivision Ordinance. With the following condition(s): 1. That the preliminary and final plat is updated as required by staff before it is forwarded to the City Council. 2. That a certificate of survey is submitted. W of 2010 Ridgeway Ave — Brock Second Add. F'Sle 176 of 300 City of Waterloo Planning, Programming and Zoning Commission July 11, 2017 A-1 R-2 R -2,C -Z R\C-Z R-4 A-1 M -2,P ■ R-3 C -P 111 R -4,C -Z S A-1 R-3 ,AM A no MEW Nv- • • 4440 ■ �ioo 0 0 z O w a M-.1 R-1 .•110 M-1 , A-1 _C-2 West of 2010 West Ridgeway Avenue Brock Second Addition Final Plat City of Waterloo Page 176 of 300 City of Waterloo Planning, Programming and Zoning Commission July 11, 2017 W. RIDGEWAY AVE W RIDGEWAY AVE West of 2010 West Ridgeway Avenue Brock Second Addition Final Plat City of Waterloo Page 177 of 300 N S „��� r , r -= ___ 250 125 0 250 dfer100 ‘o Fee 100 150 200 300 '\_S 1/4 CORNER SEC. 32-789N-R13W (FOUND MAO NAIL) DOC. Na. 2009-19433 1 INCH - 100 FEET W CNN INC W VLM Mt `r (N►1fr3rw-l32Les5 61 62 8180* AREA aaiimw AT_ - Preliminary Plat Brock Second Addition Part of SE 1/4 of Section 32-T89N-R13W Waterloo, Black Hawk County, Iowa June 2017 Leal Description: Lot One (01) Brock Second Addtion That part of the Southeast Quarter (SE 1/4) of Section Thirty-two (32), Township Eighty-nine North (T89N), Range Thirteen West (R13W) of the Fifth Principal Meridian, Waterloo, Black Hawk County, Iowa, described as follows: Beginning at the Southwest corner of Lot One (01), Brock Addition; thence S89'1O'10'W Four Hundred (400.00) feet along the North right-of-way line of West Ridgeway Avenue as per Land Deed 569, Page 604 in the Black Hawk County Recorder's Office; thence NO049'33"W Five Hundred (500.00) feet; thence N89'10'10"E Four Hundred (400.00) feet to the West line of aforesaid Lot One (01); thence 500'49'33"E Five Hundred (500.00) feet along said West line to the point of beginning containing 4.56 acres (200,000 square feet). LOT 01 BROCK :SECOND AmMOM MOM i GREEK Dsnso International Doe. No. 2004- 2010 W. Ridgeway Ane.. %el\ fl \ N 0097.28 E 8591 42 EL -859.19 AIL �� � f.�_-_,...,..iii-......,' B �i ^ y _ _ SAN aMIXIMW�trJ '3 L. EST RIDGEWAY AVENUE (RIGHT-OF-WAY VARier032984 ON. -857.77) OW. -15712) /4 WAT 4 sAN. MH TOP -800.13 (INV. N-852.98) (INV. Ww853.68) (INV. 5852.83) SAN. IAN 10P 801.85 . N-851.28) E-88R,S3) - (INV. 0-851.33) SE COMER SEC. 32 -TNN -RIM (FOUND LEAD PLUG) MSC. BOOK 332-506 N 0028.04 E 0071.75 Cl. -88220 ISW CORNER, 5E 1/4, SE 1/4, SEC. 32-TNN-R13W (SET 245.1/2' REAM a RED CAP 115775) N 5010.08 E 7749.35 EL. - City of Cedar Falls, Iowa Survey Sit SURVEY LEGEND: • DENOTES FOUND PIN & ORANGE CAP /7811 (UNLESS NOTED OTHERWISE) O DENOTES 1/2' X 24' STEEL REBAR W/ RED PLASTIC CAP W/ ND. 15775 ST 000.00 DENOTES RECORD DIMENSION (000.001 DENOTES FIELD DIMENSION WOODS EDGE C DENOTES GA5 CATH TEST LEAD E DENOTES ELECTRIC POLE �- DENOTES ELECTRIC POLE WITH DOWN GUY - _*- - DENOTES EXISTING CABKE TV DENOTES EXISTING TELEPHONE - - DENOTES EXISTING ELECTRIC UNE - -110- - DENOTES ENSRNG STORM SEWER - -SAN- - DENOTES EXISTING SANITARY SEWER - - - DENOTES EXISTING WATER MAIN - loos DENOTES ETOSTING GAS MAIN DENOTES DaSRNG FIRE HYDRANT DENOTES PROPOSED WATER VALVE DENOTES ELECTRIC BOX DENOTES GAS METER DENOTES TELEPHONE BOX Doc. No. -861 DENOTES SANITARY SEWER MANHOLE DENOTES DOCUMENT DENOTES NUMBER DENOTES BASE FLOOD ELEVATION LINE AND VALUE, ELEVATION IN FEET. Viainty Map No Some City of Waterloo, Iowa 1. Engineer/Surveyor. Wayne Claaesen Engineering and Surveying, Inc. 2705 Unlereity Anonue Waterloo, Iowa 50704 Phone: 319-235-6294 2. Owner/Developer: City of Waterloo, lows (Contact Adrienne Miller) 715 Mulberry Street Waterloo, Iowa 50703 319-291-4366 3. Present zoning of thle site Is C-3, Commercial District Contact city Of Waterloo Planning and Zoning Department, Mc Schroeder at (319) 291-4368. for epeMlc details. 4. This survey was made on the ground between May 15, 2017 and May 25, 2017. 5. The basis of bearing for this survey plot is the South line of the SE 1/4 assigned an assumed bearing of 585'10'37'W. 6. Flood Plain Designation M Zone X. areas of 0.2% onuol chance flood; area. of 1X annual chance flood With avdage depths of less than 1 foot or with drainage areas lees than 1 square mild; and areas protected by levees from 15 annual chance flood. Flood Plain Deeignotion is Zone AE. the Roadway is the channel of a stream plus any adjacent floodplain areas that must be kept free of encroachment so that the 1% antral chance flood can be carried without sudetanflal increases in flood heighe. Own map number 19013CO282F effective July 18, 2011. 7. locations of utilities Mown are from from field observations and esieting utllty records and may not coincide with actual underground locatiane. Additional utility is providing services to the buldinge on subject property, recorded or unrecorded, may edst which were not prodded to the surveyor. 8. Told overall area 4.59 aces (or 200,000 square feet). 9. This property Is zoned M -2.P - Planned Ught Industrial, as per the Black Hawk County GIS map. There was no contig report provided to the eurves r. 10. Sanitary Sewage treatment by the City of Waterloo. 11. Water service by the City of Waterloo Water Works 12. Electrical service by MloAmrican Energy Co.. Waterloo. Iowa. 13. Gas service by MidAmeriem Energy Co.. Waterloo. Iowa. 14. Cable television by Mediaoee. 15. Telephone ervk» by Owed.. Page 178 of 300 C 0 C a) U) C 01 C W C N 0) C 0 0 U C' (i) �0 C �1 L o CO f\ V O � F. o sheet A446) 1 of 122P CITY OF WATERLOO PLANNING AND ZONING COMMISSION REQUEST FOR PLATTING (MINOR OR PRELIMINARY) 1. APPLICATION INFORMATION: a. Applicant's Name (please print): _ CAN S (UQ j 0 O Address: 'it j '(y` 61lat.2Q_e-.` (-t , Phone: Z11- Y-3 (n (O City: V\)a c hil. State: Zip: -5'0 70Z. b. Status of Applicant: (a) Owner 772 (b) Other (CHECK ONE): If other explain: c. Property Owner's Name if different than above (please print): Address: Phone: City: State: Zip: 2. PROPERTY INFORMATION: a. Name of Plat: �L b. General Location of Property: c. Area of Proposed Plat: d. Zoning District(s): tiLk. 3A 09 - 13 q• S`t 19 3. OTHER DOCUMENTATION: a. Preliminary Deed of Dedication (prefered but not required) b. Overall Street Plan (if applicable) c. Six (6) copies of the Preliminary Plat which are in conformance with Section 11-3-2 of the Subdivision Ord. d. Four (4) copies of Preliminary Deed of Dedication 4. PUBLIC IMPROVEMENTS a. Costs (estimated) for any public improvements: Total Cost Estimate Storm Sewer $ Sanitary Sewer Paving $ Land Dedicated $ TOTAL $ The Request Fee of $300 + $10 per lot (payable to the City of Waterloo) is required. This fee is non- refundable. Under no condition shall said sum or any part thereof be refunded for failure of said request to be approved. Any major change in any of the information given will require that the request go back through the process, with a new Request Fee. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo P1 making their decision. = igned authorize City Zoning Officials to enter the pr• . in question in regards to the req - ing, Programming, and Zoning Commission and the Waterloo City Council in Signature of Applicant G,zr.l� Date Signature of Owner z(,)q- Date Page 179 of 300 CITY OF WATERLOO, IOWA ENGINEERING DEPARTMENT 715 Mulberry St. • Waterloo, IA 50703 • Phone (319) 291-4312 Fax (319) 291-4262 City Engineer • email: eity.engineen vaterloo-ia.org August 1, 2017 9131 9641 Aric Schroeder, City Planner Planning, Programming & Zoning Commission Waterloo City Hall Waterloo, IA 50703 RE: PRELIMINARY PLAT BROCK SECOND ADDITION Dear Aric: This preliminary plat has been reviewed, and it has been determined that it meets the requirements of the applicable portions of Section 3, 4 and 5 of Ordinance 2997, Subdivision Ordinance. It is recommended that this preliminary plat be approved. Sincerely, Dennis . Gentz, P.E. Assistant City Engineer WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 180 of 300 Plat Request — Brock Second Addition Looking at the open field to the west of 2010 West Ridgeway Avenue that will be platted into one lot 2010 West Ridgeway Avenue to the east of the site in question. Looking south across West Ridgeway Avenue at existing commercial development. Looking southwest across West Ridgeway Avenue at vacant development ground. Page 181 of 300 CITY OF WATERLOO Council Communication Resolution approving a variance to the requirements of the Subdivision Ordinance in Section 11-3-2(C) Final Plat Approval, as it relates to the approval of the final plat of Brock Second Addition. City Council Meeting: 8/7/2017 Prepared: 8/2/2017 REVIEWERS: Department Planning & Zoning Clerk Office SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Reviewer Schroeder, Aric Even, LeAnn Action Approved Approved Date 8/2/2017 - 11:17 AM 8/2/2017 - 12:47 PM Resolution approving a variance to the requirements of the Subdivision Ordinance in Section 11-3-2(C) Final Plat Approval, as it relates to the approval of the final plat of Brock Second Addition. Submitted By: Noel Anderson, Community Planning and Development Director Approval Resolution granting a Variance to the Requirements of the Subdivision Ordinance in Section 11-3-2(C) Final Plat Approval as it relates to the approval of the Final Plat of Brock Second Addition. The variance is needed because they are asking for approval of the preliminary and final plat at the same time, whereas the Subdivision Ordinance requires approval of the preliminary plat prior to submittal of the final plat. N/A N/A Subdivision Ordinance N/A The City of Waterloo is requesting to plat one new industrial lot, just west of 2010 West Ridgeway Avenue, for the purposes of Kwik Trip, Inc. to construct a fuel blending station. Page 182 of 300 CITY OF WATERLOO Council Communication Resolution approving a request by the City of Waterloo for the final plat of Brock Second Addition, a one lot industrial subdivision located west of 2010 West Ridgeway Avenue. City Council Meeting: 8/7/2017 Prepared: 8/2/2017 REVIEWERS: Department Planning & Zoning Clerk Office Reviewer Schroeder, Aric Even, LeAnn ATTACHMENTS: Description ❑ Attachments - Brock Second Add Final ❑ Certificate of Survey SUBJECT: Submitted by: Recommended Action: Summary Statement: Action Approved Approved Type Cover Memo Backup Material Date 8/2/2017 - 11:21 AM 8/2/2017 - 12:43 PM Resolution approving a request by the City of Waterloo for the final plat of Brock Second Addition, a one lot industrial subdivision located west of 2010 West Ridgeway Avenue. Submitted By: Noel Anderson, Community Planning and Development Director Approval Transmitted herewith is a request for the final plat of Brock Second Addition, a one lot industrial subdivision located west of 2010 West Ridgeway Avenue. Please find attached to this council letter the following items: • Staff rep ort • Aerial photograph • F inal P lat • Legal Description • Report of City Engineer At the July 11, 2017 Planning, Programming and Zoning Commission meeting, the Commission voted unanimously to approve the preliminary plat. The request would not appear to have a negative impact on the surrounding vehicular and pedestrian traffic conditions. The applicant would be gaining access to the lot from West Ridgeway Avenue, which is classified as a Minor Arterial according to the Federal Functional Classification System. The curb cut location will be aligned with Titan Trail, which is located south of West Ridgeway Avenue. Martin Road is located to the east and is classified as a Local Street. Highway 63 is located further to the east and is Page 183 of 300 Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Legal Descriptions: classified as a Principal Arterial The area was rezoned from "U-1" Unclassified District to "M -2,P" Planned Industrial District through ordinance number 4690 on May 3, 2004. North — Agricultural Ground, zoned "M -2,P" Planned Industrial District. East — Denso International, "M -2,P" Planned Industrial District. South — Pro Build and vacant land, zoned "M -2,P" Planned Industrial District and "B -P" Business Park District. West — Vacant land, zoned "M -2,P" Planned Industrial District. The submitted plat shows one new lot being platted west of 2010 West Ridgeway Avenue and being 4.59 acres in size. The preliminary plat shows existing contours, however, proposed are not being shown and the surveyor has been made aware that this needs to be shown. A 100' building setback line is shown on the property in question, which is the minimum building setback for the "M -2,P" Planned Industrial District. A 15' drainage and utility easement is shown along the frontage of the lot to allow for the extension of utilities to serve the proposed blending site. N/A N/A Land Use N/A N/A That part of the Southeast Quarter (SE 1/4) of Section Thirty-two (32), Township Eighty-nine North (T89N), Range Thirteen West (R13W) of the Fifth Principal Meridian, Waterloo, Black Hawk County, Iowa, described as follows: Beginning at the Southwest corner of Lot One (01), Brock Addition; thence S 89° 10' 10"W Four Hundred (400.00) feet along the North right-of-way line of Ridgeway Avenue as per Land Deed 569, Page 604 in the Black Hawk County Recorder's Office; thence N00°49'33"W Five Hundred (500.00) feet; thence N89° 10' 10"E Four Hundred (400.00) feet to the West line of aforesaid Lot One (01); thence S00°49'33"E Five Hundred (500.00) feet along said West line to the point of beginning containing 4.59 acres. Page 184 of 300 REQUEST: APPLICANT: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN AND COMPLETE STREETS POLICY: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: DEVELOPMENT HISTORY: BUFFERS/ SCREENING July 11, 2017 Request by for the preliminary and final plat of Brock Second Addition. City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. The applicant is requesting to plat one commercial lot along West Ridgeway Avenue just west of its intersection with Martin Road to allow for the construction of a fuel blending station. The request would not appear to have a negative impact on the surrounding neighborhood or land use. The area is currently seeing an increase in new commercial development with recent approval of rezone and plat requests. The request would not appear to have a negative impact on the surrounding vehicular and pedestrian traffic conditions. The applicant would be gaining access to the lot from West Ridgeway Avenue, which is classified as a Minor Arterial according to the Federal Functional Classification System. The curb cut location will be aligned with Titan Trail, which is located south of West Ridgeway Avenue. Martin Road is located to the east and is classified as a Local Street. Highway 63 is located further to the east and is classified as a Principal Arterial. Currently no sidewalks are located around the property in question. The City of Waterloo has adopted a Complete Streets Policy and it is the intent of that policy to fill sidewalk gaps as development occurs. Due to no sidewalks being constructed on adjacent properties and the Sergeant Road Trail being located just east of the site in question, sidewalks would not appear to be needed as a part of the development of this property. A trail is planned for the south side of West Ridgeway Avenue in the future. The area was rezoned from "U-1" Unclassified District to "M -2,P" Planned Industrial District through ordinance number 4690 on May 3, 2004. North —Agricultural Ground, zoned "M -2,P" Planned Industrial District. East — Denso International, "M -2,P" Planned Industrial District. South — Pro Build and vacant land, zoned "M -2,P" Planned Industrial District and "B -P" Business Park District. West — Vacant land, zoned "M -2,P" Planned Industrial District. The area is comprised of commercial and industrial development and also vacant property. Denso International was developed in 2004. The property in question was acquired by the City in 2004 and has been in crop production since at least 1982. No screening or additional buffers are required. The site plan does indicate a security fence will be located around the perimeter of the W of 2010 Ridgeway Ave — Brock Second Add. PS1F18f5 of 300 REQUIRED: DRAINAGE: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC: RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: July 11, 2017 property along with landscaping along the fence line in numerous locations around the main development area. A restricted access gate is proposed at the entrance of the property that will be activated with a card reader. A drainage plan for the project will need to be submitted and reviewed by the Engineering Department prior to issuance of a building permit for the project. A small portion of the westerly portion of the project area (4.5 acres) is located within the 100 -year floodplain and a majority of the property is located within the 500 -year floodplain as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Numbers 0282F, dated July 18, 2011. A grading/filling plan is still needed to be submitted, but the plan will be to fill the site so it is above the floodplain. No schools are located within the vicinity around the project site. The Katoski Greenbelt is located approximately a 1/4 mile to the west. Sewer and water will need to be extended to serve the area in question. Sanitary sewer is located east of the site in question in Martin Road and West Ridgeway Avenue. A 12" water main is located south of West Ridgeway Avenue and a 4" gas main is located along the southerly property line of the property in question within the north right-of-way of West Ridgeway Avenue. The Future Land Use Map designates this area as Industrial and the proposed plat would be in conformance with the Future Land Use Map for this area and the Comprehensive Plan. The applicant is proposing the construction of a biodiesel fuel blending station for approximately 4.5 acres of the area in question along Ridgeway Avenue. The site plan shows four storage tanks initially along with a 20'x22' maintenance building and a fueling building with 3 entrance and exit points on the north and south side of the building to allow for trucks to conduct work inside of the structure. The proposed blending facility would be the first for Kwik Trip in the State of Iowa and would fill a need for their growing footprint in the state. At full building out, there could be up to ten tanks and up to twenty trucks per day. The submitted plat shows one new lot being platted west of 2010 West Ridgeway Avenue and being 4.59 acres in size. The preliminary plat shows existing contours, however, proposed are not being shown and the surveyor has been made aware that this needs to be shown. A 100' building setback line is shown on the property in question, which is the minimum building setback for the "M -2,P" Planned Industrial District. A 15' drainage and utility easement is shown along the frontage of the lot to allow for the extension of utilities to serve the proposed blending site. W of 2010 Ridgeway Ave — Brock Second Add. PS1F i 88 of 300 July 11, 2017 On the final plat, there is no legal description shown and this will need to be put on before it is sent to the City Council. Also, no certificate of survey has been submitted and this will need to be turned in as well before going to the City Council. STAFF Therefore, staff recommends that the request for the preliminary RECOMMENDATION: and final plat of Brock Second Addition be approved for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area. 2. The request would not appear to have a negative impact upon pedestrian and traffic conditions within the surrounding area with proper traffic control measures in place. 3. The request is in conformance with the Future Land Use Map and Comprehensive Plan for this area, which designate it as Industrial. 4. The request appears to meet the intent of the Subdivision Ordinance. With the following condition(s): 1. That the preliminary and final plat is updated as required by staff before it is forwarded to the City Council. 2. That a certificate of survey is submitted. W of 2010 Ridgeway Ave — Brock Second Add. PS1F i87 of 300 City of Waterloo Planning, Programming and Zoning Commission July 11, 2017 A-1 R-2 R -2,C -Z R\C-Z R-4 A-1 M -2,P ■ R-3 C -P 111 R -4,C -Z S A-1 R-3 ,AM WaliV,�. A no MEW Nv- • • 4440 ■civ, 0 0 z O w a M-.1 R-1 .•110 M-1 , A-1 _C-2 R -4; R -F West of 2010 West Ridgeway Avenue Brock Second Addition Final Plat City of Waterloo Page 188 of 300 City of Waterloo Planning, Programming and Zoning Commission July 11, 2017 W. RIDGEWAY AVE W RIDGEWAY AVE West of 2010 West Ridgeway Avenue Brock Second Addition Final Plat City of Waterloo Page 189 of 300 N S „�� ;�//� ___ 250 125 0 250 dfer100 ‘o Fee 0 100 150 200 300 'L\_S 1/4 CORNER SEC. 32—T89N—R13W (FOUND MAG NAIL) DOC. No. 2009-19433 1 INCH = FEET \ I (S89'10'37.'0/-1322.54') • M r"• J 0 00 M N L6 • O S89' 10'10"W-443.97' SW CORNER, SE 1/4, SE 1/4, SEC. 32—T89N—R13W (SET 24"x1/2" REBAR & RED CAP #16775) N 6010.08 E 7749.35 EL. = Final Plat Brock Second Addition Part of SE 1/4 of Section 32—T89N—R13W Waterloo, Black Hawk County, Iowa June 2017 FOUND 1/2" REB25 ' N 6737.25 E 8582.06 EL. =858.28 PROPRIETOR: City of Waterloo Doc. No. 2009-24074 33"W-500.0 0 z 0 (N89' 10' 10"E-400.00') LOT 01 BROCK SECOND ADDITION (4.59 ACRES) (S89' 10'10"W-400.00') LAND DEED 569-604 15' DRAINAGE & UTILITY EASEMENT 0 0 0 I w M M 0) 0 0 N90' 00'00"E-430.00' 10' UTILITY EASEMENT AS PER BROCK ADDITION LOT 01 BROCK ADDITION N 6087.28 E 8591.42 EL. =859.19 15' DRAINAGE & UTILITY EASEMENT AS PER BROCK ADDITION N89' 14'20"W-438.67' (N89' 1 1 '42"E-438.65') FOUND PIN & ORANGE CAP UNREADABLE I0 0 0 0 S89' 14'00"E-1281.84' L4 (S89' 10'37"w-1322.54') RIDGEWAY AVENUE (RIGHT—OF—WAY VARIES) L3 L2 MARTIN ROAD (RIGHT-OF-WAY VARIES) SE CORNER SEC. 32—T89N—R13W (FOUND LEAD PLUG) MISC. BOOK 332-906 N 6029.04 E 9071.75 EL. =862.20 c City of Cedar Falls, Iowa LONE DUNKEHTON WATERLOO MUNICIPAL AIRPORT W. 1ST ST8 =SEI EMT _: z,,, ST W. 27TH AIRUNE MG ROCK ROAD HIGHWAY U.NJ. Survey Site NORTH STREET NEWELL STREET Q INDEPENDENCE 11% ITCHELL ° AMwri AVENUE Vicinty Map No Scale ROAD City of Waterloo, Iowa Legal Description: Lot One (01) Brock Second Addtion That part of the Southeast Quarter (SE 1/4) of Section Thirty—two (32), Township Eighty—nine North (T89N), Range Thirteen West (R13W) of the Fifth Principal Meridian, Waterloo, Black Hawk County, Iowa, described as follows: Beginning at the Southwest corner of Lot One (01), Brock Addition; thence S89° 10'10"W Four Hundred (400.00) feet along the North right—of—way line of West Ridgeway Avenue as per Land Deed 569, Page 604 in the Black Hawk County Recorder's Office; thence N00'49'33"W Five Hundred (500.00) feet; thence N89'10'10"E Four Hundred (400.00) feet to the West line of aforesaid Lot One (01); thence S00°49'33"E Five Hundred (500.00) feet along said West line to the point of beginning containing 4.56 acres (200,000 square feet). LINE TABLE LINE DISTANCE BEARING 1 65.00' NO0'00'00"E 2 25.08' S85'31'31"W 3 325.52' S85'31'31 "W 4 647.71' N89'14'20"W 5 10.00' NO0'45'40"E 6 325.00' N89' 14'20"W 7 22.00' NO0'45'40"E Legend: O — DENOTES FOUND IRON PIN & RED CAP #16775 (UNLESS OTHERWISE NOTED) — DENOTES 1/2" X 24" STEEL REBAR W/ RED PLASTIC CAP W/ NO. 16775 SET 0 O — DENOTES 'X' CUT IN CONCRETE FOUND OR SET • - DENOTES FOUND OR SET MAG NAIL AND WASHER NO. 16775 IN ASPHALT (0.00') — DENOTES RECORD DIMENSION 0.00' — DENOTES FIELD DIMENSION acct 1 of CERTIFICATION I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Iowa. Signature - David L. Scheil, L.S. Date• , 20 License No 16775 Pages or Sheets Covered by this Seal• This sheet only. My license renewal date is December 31, 2018 wayne claassen engineering and surveying, inc. waterloo, iowa 4462E Page 190 of 300 DEED OF DEDICATION BROCK SECOND ADDITION WATERLOO, BLACK HAWK COUNTY, IOWA The City of Waterloo, Iowa ("Declarant"), being desirous of platting the land described in the attached certificate of survey by David L. Scheil, a licensed land surveyor, dated the day of 2017, does by these presents designate and set apart the aforesaid premises as a subdivision of the City of Waterloo, Black Hawk County, Iowa, the same to be hereafter known as and called Brock Second Addition, Waterloo, Black Hawk County, Iowa (the "Property") all of which is with the free consent and desire of the undersigned. EASEMENTS The undersigned hereby dedicates and conveys to the City of Waterloo, Iowa, its successors and assigns, and to any private corporation, firm, or person furnishing utilities for the transmission and/or distribution of water, sanitary sewer, storm sewer, natural gas, electricity, communication service, or cable television, perpetual easements for the erection, laying, building, and maintenance of said services over, across, on and/or under the Easement areas as shown on the attached plat. RESTRICTIVE COVENANTS The undersigned hereby covenants and agrees for itself, its successors and assigns, that said subdivision shall be and the same is hereby made subject to the following restrictions as fully and effectively for all intents and purposes as if the same were contained and set forth in each deed, conveyance and mortgage, that this grantor or its successors in interest may hereinafter make and that such restrictions shall run with the land in the particulars hereinafter stated, to wit: ARTICLE I. 1. Establishment of Restrictions. The Property is now held and shall hereafter be held, transferred, sold, leased, conveyed and occupied, subject to the covenants, conditions, restrictions and easement set forth herein (which covenants, restrictions and easements are hereinafter referred to as the "Restrictions"), each of which is for and shall inure to the benefit of, shall run with the land and shall be binding upon and inure to the benefit of each and every parcel of the Property and each of which shall apply to and bind and benefit and may be enforced by the owner of each or any parcel of the Property and the heirs, assignees and successors in interest of each and every Owner of a parcel or parcels, and the City of Waterloo. 1 Page 191 of 300 2. Association. Declarant may, but shall not be obligated to, form a nonprofit, mutual benefit corporation named Brock Second Addition (the "Association") and delegate to such corporation the performance of certain functions and duties in connection with the Property. At such time as Declarant or any successor to Declarant by corporate acquisition, merger or business reorganization shall no longer be an Owner of any parcel, the Association, if so formed, shall assume all of the Declarant's rights and obligations hereunder. ARTICLE II. USE OF THE PROPERTY 1. Any company or agency supplying electricity, gas or communication service to any parcel in said addition shall have the right to construct, maintain and operate permanent underground gas, electricity or communication feeder or service facilities, within the easement lines as shown on the plat of said addition attached hereto; and 2. The City of Waterloo and any public company having a franchise for the distribution and sale of gas, electricity, water or communication service in said City shall have the right to construct and maintain underground sewer, water, gas, electricity, and communication service lines within the easement lines as shown on the plat attached hereto. The proprietor, agents and workmen of all such service corporations or agencies shall have the right to reasonable access to their said services and installation for the purpose of the proper construction and maintenance of their lines and equipment. 3. Permitted Use. Unless otherwise specifically prohibited by the City of Waterloo or other governmental agency, and except as otherwise provided in Section 4 below, the Property may be used for any use permitted by the City of Waterloo Zoning Ordinance. 4. Not Permitted Use. Auto salvage yards, feed yards poultry or meat killing, poultry or meat processing plant or residential uses are not permitted. This is in addition to limitations called for in the zoning restrictions or ordinances applicable to the Property from time to time. 5. Temporary Structures. Temporary structures will be allowed to be used as construction offices and/or small tool sheds. The temporary structures are to be removed within two (2) years after placement. 2 Page 192 of 300 ARTICLE III. DEVELOPMENT STANDARDS 1. Auto Parking. All auto parking requirements must be provided for within the Property boundaries and shall set back from all property lines with street frontage a minimum of five (5) feet. 2. Truck Parking and Maneuvering. The maneuvering area for trucks must be such as to allow for the truck to back up to the buildings without using the street as part of the maneuvering area. 3. Pavement Requirements. The entire area for auto parking and truck parking shall be paved. 4. Landscape. The landscaping section of the Zoning Ordinance should be followed to meet the intent of visually screening, street trees, and breaking up concrete areas with some landscaping components. 5. Building Material. All exterior faces of buildings shall be finished. 6. Fences. Where fences are to be installed, the fence shall be located entirely on the subject parcel. Finished side of fence shall be placed in such a manner as to face outward from the property. ARTICLE IV. ORGANIZATION AND APPROVAL 1. Plan Approval. Proposed site plans will be reviewed through the City of Waterloo site plan process. Existing owners of land in such subdivision shall be notified of the plan review process at the time said plan is submitted to the City for review. 2. Time of Covenants. The undersigned and all persons and entities hereafter acquiring any right, title or interest in any part of such subdivision shall be taken and held to have agreed and covenanted with all other owners in this subdivision and with the respective successors and assigns of all of the rest of such other owners to conform to and observe all of the foregoing covenants, restrictions and stipulations for a period of twenty-one (21) years and in accordance with Iowa Code Chapter 614.24 and 614.25 or their successor provisions, these covenants, restrictions and stipulations shall be automatically extended for an additional period of twenty- one (21) years upon compliance with Chapter 614.24 and Chapter 614.25, or successor provisions of Iowa law. In the event an extension of the covenants, restrictions and stipulations is not filed within the period of twenty-one (21) years or a successive 21 -year period, then the covenants, restrictions and stipulations contained herein shall terminate. 3 Page 193 of 300 Dated this day of , 2017. City of Waterloo, Iowa By: Quentin Hart, Mayor Attest: Kelley Felchle, City Clerk STATE OF IOWA COUNTY OF BLACK HAWK Acknowledged before me on , 2017 by Quentin Hart and Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. Notary Public 4 Page 194 of 300 CITY OF WATERLOO, IOWA ENGINEERING DEPARTMENT 715 Mulberry St. • Waterloo, IA 50703 • Phone (319) 291-4312 Fax (319) 291-4262 City Engineer • email: city.engineer@waterloo-ia.org July 31, 2017 9131 9641 Aric Schroeder, City Planner Planning, Programming & Zoning Commission Waterloo City Hall Waterloo, IA 50703 RE: FINAL PLAT BROCK SECOND ADDITION Dear Aric: This final plat has been reviewed, and it has been determined that it meets the requirements of the applicable portions of Section 3, 4 and 5 of Ordinance 2997, Subdivision Ordinance. It is recommended that this final plat be approved. Sincere , pi; i Ay,. ennis J entz, P.E. Assistant City Engineer WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 195 of 300 Plat Request — Brock Second Addition Looking at the open field to the west of 2010 West Ridgeway Avenue that will be platted into one lot 2010 West Ridgeway Avenue to the east of the site in question. Looking south across West Ridgeway Avenue at existing commercial development. Looking southwest across West Ridgeway Avenue at vacant development ground. Page 196 of 300 Page 1 of 1 WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC. PHONE: (VOICE) 319-235-6294 P. O. BOX 898 WATERLOO, IOWA 50704-0898 (FAX) 319-235-0028 CERTIFICATE OF SURVEY I, David L. Scheil, Licensed Land Surveyor, do hereby certify that I have made a survey of what is to be known as BROCK SECOND ADDITION, Waterloo, Black Hawk County, Iowa, which is located on and embraces the following described premises, to -wit: DESCRIPTION That part of the Southeast Quarter (SE 1/4) of Section Thirty-two (32), Township Eighty-nine North (T89N), Range Thirteen West (R13W) of the Fifth Principal Meridian, Waterloo, Black Hawk County, Iowa, described as follows: Beginning at the Southwest corner of Lot One (01), Brock Addition; thence S89°10'10"W Four Hundred (400.00) feet along the North right-of-way line of Ridgeway Avenue as per Land Deed 569, Page 604 in the Black Hawk County Recorder's Office; thence N00°49'33"W Five Hundred (500.00) feet; thence N89° 10' 10"E Four Hundred (400.00) feet to the West line of aforesaid Lot One (01); thence S00°49'33"E Five Hundred (500.00) feet along said West line to the point of beginning containing 4.59 acres (200,000 square feet). I further certify that the accompanying plat is a true representation of such survey and is made in accordance with my field notes thereof; that the location of streets, avenues and lots and their representative names, numbers, widths, courses and dimensions are to be as shown on the accompanying plat; that said survey and plat contain and show any excesses and/or deficiencies from former surveys, and that iron stakes are set at all lot corners by one year from this date. WITNESS my hand and seal at Waterloo, Iowa, this day of , 2017. (Folder\LegalDesc-Brock 2nd ADD.cs) David L. Scheil L.S. No. 16775 State of Iowa My license renewal date is December 31, 2018 Pages of sheets covered by this Seal 1 Page 197 of 300 CITY OF WATERLOO Council Communication Resolution supporting the application by Black Hawk Contracting & Development Co. for the Iowa Workforce Housing Tax Incentives Program to construct four new single family homes in Waterloo, located on Madison Street, Monroe Street and Hummingbird Circle, and rescinding Resolution No. 2015-984, and authorize the Mayor and City Clerk to execute said documents. City Council Meeting: 8/7/2017 Prepared: 8/2/2017 REVIEWERS: Department Planning & Zoning Clerk Office SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Reviewer Schroeder, Aric Even, LeAnn Action Approved Approved Date 8/2/2017 - 11:25 AM 8/2/2017 - 1:12 PM Resolution supporting the application by Black Hawk Contracting & Development Co. for the Iowa Workforce Housing Tax Incentives Program to construct four new single family homes in Waterloo, located on Madison Street, Monroe Street and Hummingbird Circle, and rescinding Resolution No. 2015-984, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning & Development Director Approval of a Resolution supporting the application by Black Hawk Contracting & Development Co. for the Iowa Workforce Housing Tax Incentives Program. The Iowa Workforce Housing Tax Incentives Program is a new tax credit program that is effective January 28, 2015. The program is similar to the Enterprise Zone program that was dissolved by the State of Iowa on June 30, 2014. N/A N/A Economic Development N/A The requirements for the Iowa Workforce Housing Incentives Program includes: Projects must meet one of four criteria: • Located on a grayfield or brownfield site • Repair or rehabilitation of dilapidated housing stock • Upper story project Page 198 of 300 Background Information: Legal Descriptions: • New construction in a community with demonstrated workforce housing needs • The developer must build or rehabilitate at least four single-family homes or at least one multi -family building containing three or more units or at least two upper story units. • Total project costs may not exceed $200,000 per unit for new construction or $250,000 per unit for historic rehabilitation. • Total program benefits are limited to a maximum of $1 million per recipient. • The housing project must be completed within three years of award. • IEDA must approve the developer's application for Workforce Housing Tax Credit prior to project initiation. Along with the requirements listed above the developer must have documentation of local matching funds pledges for the housing project in an amount equal to at least $1,000 per dwelling unit. These funds may be in the form of a tax exemption program such as the CURA and CLURA. The four homes are located on Madison Street and Monroe Street which are located within the CURA. HILLSIDE ADDITION TRACT 1 A REPLAT OF LOT 15 AND THE W 11.04 FT OF LOT 16 OF BLK 6 also HILLSIDE ADDITION TRACT 4 A REPLAT OF LOT 1 AND THE E 24.97 FT OF LOT2OF BLK6 also HILLSIDE ADDITION TRACT 5 A REPLAT OF LOT 2 EXC THE E 24.97 FT THEREOF AND LOT 3 EXC W 15 FT THEREOF IN BLK 6 also CROSSROADS ESTATES REPLAT NO 5 LOT 2 Page 199 of 300 CITY OF WATERLOO Council Communication Resolution supporting the application by Black Hawk Contracting & Development Co. for the Iowa Workforce Housing Tax Incentives Program to construct four new single family homes in Waterloo, located on Vermont Street and Hummingbird Circle, and authorize the Mayor and City Clerk to execute said documents City Council Meeting: 8/7/2017 Prepared: 8/2/2017 REVIEWERS: Department Planning & Zoning Clerk Office SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Reviewer Schroeder, Aric Even, LeAnn Action Approved Approved Date 8/2/2017 - 11:35 AM 8/2/2017 - 1:10 PM Resolution supporting the application by Black Hawk Contracting & Development Co. for the Iowa Workforce Housing Tax Incentives Program to construct four new single family homes in Waterloo, located on Vermont Street and Hummingbird Circle, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning & Development Director Approval of a Resolution supporting the application by Black Hawk Contracting & Development Co. for the Iowa Workforce Housing Tax Incentives Program. The Iowa Workforce Housing Tax Incentives Program is a new tax credit program that is effective January 28, 2015. The program is similar to the Enterprise Zone program that was dissolved by the State of Iowa on June 30, 2014. N/A N/A Economic Development N/A The requirements for the Iowa Workforce Housing Incentives Program includes: Projects must meet one of four criteria: • Located on a grayfield or brownfield site • Repair or rehabilitation of dilapidated housing stock • Upper story project • New construction in a community with demonstrated workforce Page 200 of 300 Background Information: housing needs • The developer must build or rehabilitate at least four single-family homes or at least one multi -family building containing three or more units or at least two upper story units. • Total project costs may not exceed $200,000 per unit for new construction or $250,000 per unit for historic rehabilitation. • Total program benefits are limited to a maximum of $1 million per recipient. • The housing project must be completed within three years of award. • IEDA must approve the developer's application for Workforce Housing Tax Credit prior to project initiation. Along with the requirements listed above the developer must have documentation of local matching funds pledges for the housing project in an amount equal to at least $1,000 per dwelling unit. These funds may be in the form of a tax exemption program such as the CURA and CLURA. The four homes are located on Madison Street and Monroe Street which are located within the CURA. Legal Descriptions: CROSSROADS ESTATES REPLAT NO 5 LOT 2 Page 201 of 300 CITY OF WATERLOO Council Communication Resolution approving Business Property Lease Agreement between Christian Community Development and the City of Waterloo for 222 Walnut Street in the amount of $1.00, to allow for use by residents while new facility is being renovated, and authorize Mayor and City Clerk to execute all necessary documents. City Council Meeting: 8/7/2017 Prepared: 7/21/2017 REVIEWERS: Department Planning & Zoning Clerk Office ATTACHMENTS: Description ❑ 222 Walnut Lease SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Legal Descriptions: Reviewer Anderson, Noel Felchle, Kelley Action Approved Approved Type Cover Memo Date 7/21/2017 - 12:34 PM 8/2/2017 - 3:49 PM Resolution approving Business Property Lease Agreement between Christian Community Development and the City of Waterloo for 222 Walnut Street in the amount of $1.00, to allow for use by residents while new facility is being renovated, and authorize Mayor and City Clerk to execute all necessary documents. Submitted By: Noel Anderson, Community Planning & Development Director Approve This lease agreement goes with the acquisition contract to allow for use of 222 Walnut while the new facility is being renovated. Until July 31, 2018 at $1.00 - they are responsible for utilities, etc. NA NA This meets Strategic Goals 1, 2, and 4 for redevelopment. Not approve This lease will allow for redevelopment of this area, as well as expansion by the House of Hope. COOLEY ADDITION LOT 17 BLK 64 Page 202 of 300 BUSINESS PROPERTY LEASE This Business Property Lease (the "Lease") is made and entered into as of 2017, by and between the City of Waterloo, Iowa, an Iowa municipal corporation ("Landlord"), whose address for the purpose of this Lease is 715 Mulberry Street, Waterloo, Iowa, 50703, and Christian Community Development, d/b/a House of Hope ("Tenant"), whose address for the purpose of this Lease is 222 Walnut Street, Waterloo, Iowa, 50703. The parties acknowledge that Tenant has owned the leased premises and has conducted its business thereon for several years and that Landlord has purchased the premises from Tenant. 1. PREMISES AND TERM. The Landlord, in consideration of the rents herein reserved and of the agreements and conditions herein contained, on the part of the Tenant to be kept and performed, leases unto the Tenant and Tenant hereby rents and leases from Landlord, according to the terms and provisions herein, the following described real estate, situated in Black Hawk County, Iowa, to wit: 222 Walnut Street, Waterloo, Iowa, with the improvements thereon and all rights, easements, and appurtenances thereto belonging, for a term commencing upon , 2017 and continuing until and including July 31, 2018, upon the condition that the Tenant pays rent therefor, and otherwise performs as provided in this Lease. 2. RENTAL. Tenant agrees to pay to Landlord as rental for said term, as follows: $1.00 , in advance, due upon signing of this Lease. 3. POSSESSION. Tenant shall be entitled to possession on the first day of the term of this Lease, and shall yield possession to the Landlord at the time and date of the close of this Lease term, except as herein otherwise expressly provided. 4. USE OF PREMISES; SALVAGE; PRIOR USE. Tenant covenants and agrees during the term of this Lease to use and to occupy the leased premises only for activities and purposes consistent with and incidental to the purposes for which Tenant is organized. Tenant is authorized to salvage and remove such fixtures from the property as it deems desirable, but at all times shall ensure that the building is secure against intrusion by unauthorized third parties and by the elements. Tenant's salvage activities shall not compromise the structural integrity of the building. The parties acknowledge that Tenant is the former owner of the premises and that this Lease is a lease -back following Landlord's purchase of the premises according to the terms of a purchase agreement between the parties. 5. QUIET ENJOYMENT, Landlord covenants that its estate in said premises is fee simple and that the Tenant on paying the rent herein reserved and performing all the agreements by the Tenant to be performed as provided in this Lease, shall and may peaceably have, hold and enjoy the demised premises for the term of this Lease free from molestation, eviction or disturbance by the Landlord or any other persons or legal entity whatsoever, except as otherwise provided herein. Landlord shall have the right to mortgage, all of its right, title, interest in said premises at any time without notice, subject to this Lease. 6. CARE AND MAINTENANCE OF PREMISES. (a) See paragraph 4. Tenant takes said premises in their present condition. Tenant acknowledges that it is the former owner of the premises and that it is fully familiar with the condition of same. Landlord shall have no duty whatsoever to care for or maintain the premises or any part thereof. (b) Tenant will make no unlawful use of said premises and agrees to comply with all valid regulations of the Board of Health, municipal ordinances, the laws of the State of Iowa and the federal government, but this provision shall not be construed as creating any duty by Tenant to members of the general public, Tenant will not allow trash of any kind to accumulate on said premises or the parking area, yards, or sidewalks, and it will remove same from the premises at its own expense. (c) TENANT'S DUTY OF CARE AND MAINTENANCE. Tenant shall, after taking possession of said premises and until the termination of this Lease and the actual removal from the premises, at its own expense, care for, maintain, and repair the exterior and interior parts of said premises in a reasonably safe and serviceable condition consistent with its own needs and pursuant to applicable law, ordinance or regulation. Tenant will furnish its own interior and exterior decorating. Tenant's duties under this Section shall include, but not be limited to, the 1 Page 203 of 300 foundation, roof, and other structural parts of the premises, all fixtures and mechanical systems, and any other feature of the premises that is commonly cared for, repaired, or maintained by a landlord. Tenant at its own expense may install floor covering and will maintain such floor covering in good condition. Tenant will be responsible for the plate glass in the windows of the leased premises and for maintaining the sidewalks and parking areas on and abutting the leased premises. Tenant shall make no structural alterations or improvements without the Landlord's prior written approval of the plans and specifications therefor. Tenant shall be responsible for all necessary upkeep of lawns, grounds, and landscaping, if any, to keep the premises well-maintained. Tenant shall be responsible to clear ice and snow from all sidewalks and parking areas on or abutting the premises. (d) Tenant shall have responsibility for and perform all acts necessary for compliance with the Americans with Disabilities Act. 7. FACILITY SERVICES. Tenant, during the term of this Lease, shall pay before delinquency all charges for use of telephone, water, sewer, gas, electricity, power, garbage or trash disposal, and all other utilities or services of whatever kind and nature which may be used in or upon the leased premises. Existing air conditioning and heating equipment shall be the responsibility of the Tenant to maintain, repair, and replace same. 8. END OF TERM. (a)This Lease shall terminate upon expiration of the original term or applicable renewal terms, in accordance with the terms of Section 1. (b) SURRENDER OF PREMISES AT END OF TERM. Tenant agrees that upon the termination of this Lease it will surrender, yield up and deliver the leased premises as required by Sections 3 and 4. (c) HOLDING OVER. Tenant shall not continue to occupy the premises beyond the Lease term without the express prior written consent of Landlord. 9. ASSIGNMENT AND SUBLETTING. Tenant may not assign this Lease or sublet the premises or any part thereof without the prior written consent of Landlord. 10. PROPERTY TAXES. N/A. Property is tax exempt. 11. INSURANCE. (a) Tenant agrees that it will at its own expense procure and maintain hazard insurance (i.e., fire and extended coverage) on the premises for the benefit of the parties as their respective interest may appear. Coverage shall be not less than $25,000. From and after delivery of possession, Landlord shall provide no fire and extended coverage insurance on said premises for the benefit of Tenant. Certificates or copies of said policies, naming the Landlord as an additional insured, and providing for thirty (30) days' advance notice to the Landlord before cancellation, shall be delivered to the Landlord within no later than the date that Tenant begins to occupy the leased premises. A renewal certificate shall be provided to Landlord prior to expiration of any policy. Tenant's share of such insurance proceeds is hereby assigned and made payable to the Landlord to secure rent or other obligations then due and owing by Tenant to Landlord. To the extent permitted by their policies, Landlord and Tenant waive all rights of recovery against each other. (b) Tenant further covenants and agrees that it will at its own expense procure and maintain commercial general liability insurance in the amount of not less than $1,000,000 per occurrence and $1,000,000 annual aggregate. Such insurance shall cover liability arising from premises operations, independent contractors, personal injury, products, and completed operations and liability assumed under an insured contract, including but not limited to the activities of Tenant, its employees and agents. Certificates or copies of said policies, naming the Landlord as an additional insured, and providing for thirty (30) days' advance notice to the Landlord before cancellation, shall be delivered to the Landlord within no later than the date that Tenant begins to occupy the leased premises. A renewal certificate shall be provided to Landlord prior to expiration of any policy. (c) Tenant will not do or omit the doing of any act which would vitiate any insurance, or increase the insurance rates in force upon the real estate improvements on the premises or upon any personal property of the Tenant upon which the Landlord by law or by the terms of this Lease, has or shall have a lien. 2 Page 204 of 300 (d) Tenant further agrees to comply with recommendations of Iowa Insurance Services Office, or its successor office, and to be liable for and to promptly pay, as if current rental, any increase in insurance rates on said premises and on the building of which said premises are a part, due to increased risks or hazards resulting from Tenant's use of the premises otherwise than as herein contemplated and agreed. 12. INDEMNITY. Except as to any negligence of the Landlord or its agents in the performance of any obligation of Landlord under this Lease, and to the extent not covered by insurance maintained by Landlord or Tenant, Tenant will protect, indemnify, and save harmless the Landlord, its officers, officials, employees, and agents, from and against any and all claims, demands, causes of action, loss, costs, expenses, damages and liabilities of any type or nature (including but not limited to attorneys' fees and expenses) (each of the foregoing is a "Claim") occasioned by, or arising out of, any accident or other occurrence causing or inflicting injury and/or damage to any person or property, happening or done, in, upon, or about the leased premises, or due directly or indirectly to the tenancy, use, or occupancy thereof, or any part thereof by the Tenant or any person claiming through or under the Tenant. The foregoing indemnity shall include, but is not limited to, Claim of Tenant or any third party for loss, damage or destruction of any personal property or fixtures left on the premises after termination of the tenancy, and any Claim of Tenant, Landlord, or any third party for loss, damage, personal injury, or death arising from or in connection with the salvage activities of Tenant or its agents or the condition of the premises resulting from such activities. Prior to occupancy of the leased premises hereunder, Tenant has had the opportunity to test the premises for toxic or hazardous substances, mold, and other environmental matters, and Tenant agrees that the indemnities set forth in this paragraph shall include but not be limited to any claims, demands, losses, or causes of action arising from or relating to such matters. The provisions of this paragraph shall survive the expiration, abandonment, or termination of this Lease. 13. FIRE AND CASUALTY. (a) PARTIAL DESTRUCTION OF PREMISES. In the event of a partial destruction or damage of the leased premises which causes a business interference by preventing the conduct of a normal business operation, Tenant shall have the option to repair such damages. (b) ZONING. If the zoning ordinance of the municipality in which this property is located makes it impossible for Tenant, using diligent and timely effort, to obtain necessary permits and to repair and/or rebuild so that Tenant is able to conduct its business on these premises, then such partial destruction shall be treated as a total destruction as in the next paragraph provided. (c) TOTAL DESTRUCTION OF BUSINESS USE. In the event of a destruction or damage of the leased premises, including the parking area (if a parking area is a part of the subject matter of this Lease), so that Tenant is not able to conduct its business on the premises, and which damages cannot be repaired within sixty (60) days, this Lease may be terminated at the option of either the Landlord or Tenant. Such termination in such event shall be effected by written notice of one party to the other, within twenty (20) days after such destruction. Tenant shall surrender possession within ten (10) days after such notice issues and, each party shall be released from all future obligations hereunder, Tenant paying rental pro rata only to the date of such destruction. 14. CONDEMNATION. N/A. 15. TERMINATION OF LEASE AND DEFAULTS OF TENANT. (a) TERMINATION UPON EXPIRATION OR UPON NOTICE OF DEFAULTS. This Lease shall terminate upon expiration of the demised term. Upon default by Tenant in accordance with the terms and provisions of this Lease, or upon Tenant's abandonment of the premises by failure to engage in business activities on the premises for more than fourteen (14) consecutive business days, this Lease may at the option of the Landlord be canceled and forfeited, provided, however, before any such cancellation and forfeiture except as provided in 15(b) below, Landlord shall give Tenant a written notice specifying the default, or defaults, and stating that this Lease will be canceled and forfeited seven (7) days after the giving of such notice, unless such default, or defaults, are remedied within such grace period. As an additional optional procedure or as an alternative to the foregoing (and neither being exclusive of the other), Landlord may proceed as provided in paragraph 22 below. (b) Waiver as to any default shall not constitute a waiver of any other or subsequent default. 16. RIGHT OF EITHER PARTY TO MAKE GOOD ANY DEFAULT OF THE OTHER. N/A. 17. SIGNS. Tenant shall have the right and privilege of attaching, affixing, painting, or exhibiting signs on the leased premises, provided only (1) that any and all signs shall comply with the ordinances of the municipality in which 3 Page 205 of 300 the property is located and with the laws of the State of Iowa; (2) such signs shall not change the structure of the building; (3) such signs if and when taken down shall not damage the building; and (4) such signs shall be subject to the prior written approval of the Landlord, which approval shall not be unreasonably withheld. 18. MECHANIC'S LIENS. Neither the Tenant nor anyone claiming by, through, or under the Tenant, shall have the right to file or place any mechanic's lien or other lien of any kind or character whatsoever upon said premises or upon any building or improvement thereon, or upon the leasehold interest of the Tenant therein, and notice is hereby given that no contractor, subcontractor, or anyone else who may furnish any material, service, or labor for any building, improvements, alteration, repairs, salvaging or any part thereof, shall at any time be or become entitled to any lien thereon, and for the further security of the Landlord, the Tenant covenants and agrees to give actual notice thereof in advance to any and all contractors and subcontractors who may furnish or agree to furnish any such material, service, or labor. 19. LANDLORD'S LIEN AND SECURITY INTEREST. Landlord shall have, in addition to the lien given by law, a security interest as provided by the Uniform Commercial Code as codified in the State of Iowa upon all personal property, and all substitutions, replacements, accessories, and accessions thereto and thereof, kept and used on the leased premises by Tenant. Landlord may proceed at law or in equity with any remedy provided by law or by this Lease for the recovery of rent or for termination of this Lease because of Tenant's default in its performance. 20. SUBSTITUTION OF EQUIPMENT, MERCHANDISE. ETC. Tenant shall have the right, from time to time during the term of this Lease, to sell or otherwise dispose of any personal property of the Tenant situated on the leased premises, when in the judgment of the Tenant it shall have become obsolete, outworn, or unnecessary in connection with the operation of Tenant's business on the leased premises. 21. OTHER PROVISIONS. (a) Before the end of the Lease term, Tenant may exercise salvage rights in accordance with this Lease with respect to any portion of the premises, provided that Tenant shall at all times keep structures on the premises secure against unauthorized entry by third parties and against intrusion by the elements. 22. RIGHTS CUMULATIVE. The various rights, powers, options, elections, and remedies of either party as provided in this Lease shall be construed as cumulative and no one of them as exclusive of the others or exclusive of any rights, remedies, or priorities allowed either party by law, and shall in no way affect or impair the right of either party to pursue any other equitable or legal remedy to which either party may be entitled as long as any default remains in any way unremedied, unsatisfied, or undischarged. 23. NOTICES AND DEMANDS. Notices as provided for in this Lease shall be given to the respective parties hereto at the respective addresses designated on page one of this Lease unless either party notifies the other, in writing, of a different address. Without prejudice to any other method of notifying a party in writing or making a demand or other communication, such message shall be considered given under the terms of this Lease when sent, addressed as above designated, postage prepaid, by registered or certified mail, return receipt requested, by the United States mail and so deposited in a United States mail box. 24. BINDING EFFECT. Each and every covenant and agreement herein contained shall extend to and be binding upon the respective heirs, personal representatives, successors, and assigns of the parties hereto; except that if any part of this Lease is held in joint tenancy, the successor in interest shall be the surviving joint tenant. 25. CHANGES TO BE IN WRITING. None of the covenants, provisions, terms, or conditions of this Lease to be kept or performed by Landlord or Tenant shall be in any manner modified, waived, or abandoned, except by a written instrument duly signed by the parties and delivered to the Landlord and Tenant. This Lease contains the entire agreement of the parties and supersedes any and all discussions, negotiations, understandings, or agreements pertaining to the subject matter hereof. 26. CONSTRUCTION. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine, feminine, or neuter, according to the context. [signatures on next page] 4 Page 206 of 300 IN WITNESS WHEREOF, the parties hereto have duly executed this Business Property Lease as of the date first written above. LANDLORD TENANT City of Waterloo, Iowa Christian Community Development By: Quentin Hart, Mayor Attest: Kelley Felchle, City Clerk 5 By: rae.-OC44-( Title: eXaca09-- C -Nr- Page 207 of 300 CITY OF WATERLOO Council Communication Resolution approving Real Estate Purchase Agreement between Christian Community Development and the City of Waterloo for 222 Walnut Street for $354,000, to allow for redevelopment of the area, and authorize Mayor and City Clerk to execute all necessary documents. City Council Meeting: 8/7/2017 Prepared: 7/21/2017 REVIEWERS: Department Planning & Zoning Clerk Office ATTACHMENTS: Description ❑ Real Estate Contract SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Reviewer Anderson, Noel Felchle, Kelley Action Approved Approved Type Cover Memo Date 7/21/2017 - 12:34 PM 8/2/2017 - 3:50 PM Resolution approving Real Estate Purchase Agreement between Christian Community Development and the City of Waterloo for 222 Walnut Street, in the amount of $354,000, to allow for redevelopment of the area, and authorize Mayor and City Clerk to execute all necessary documents. Submitted By: Noel Anderson, Community Planning & Development Director Approve the resolution The City is working with House of Hope to acquire their property at 222 Walnut. This will allow for redevelopment of a larger site in this area, and help the House of Hope to expand their operations in the community, where they are renovating the former Christensen medical offices at 845 West 4th Street. $354,000 plus up to $2,000 in closing costs TIF and bond funds This meets Strategic Plan goals 1, 2, and 4 for economic development. Not approve The acquisition of 222 Walnut has been discussed for a number of years. Originally, they were working to construct a new facility near the 519 East 3rd Street site, but that area is now being renovated by JSA Development. They have been given the former Christensen medical office as noted. This acquisition will allow House of Hope to go from 8 rooms to over 15 Page 208 of 300 Background Information: rooms -- serving a needed population in our community, and providing work force training, guidance, etc. to them. The City has worked within the guidance of the State Code to offer the price near 125% of the assessed value of the property. The acquisition of this parcel works well to provide for redevelopment of the CVS out lot. Legal Descriptions: COOLEY ADDITION LOT 17 BLK 64 Page 209 of 300 REAL ESTATE PURCHASE AGREEMENT (NONRESIDENTIAL) TO: Christian Community Development ("Seller") FROM: City of Waterloo, Iowa ("Buyer") Buyer hereby offers to buy, and the Seller by its acceptance agrees to sell, the real property situated in Waterloo, Black Hawk County, Iowa, locally known as 222 Walnut Street, legally described as per the abstract of title, consisting of assessor parcel no(s). 8913-24-308-006; together with any easements and appurtenant servient estates, but subject to any reasonable easements of record for public utilities or roads, any zoning restrictions customary restrictive covenants and mineral reservations of record, if any, herein referred to as the "Property," upon the following terms and conditions: 1. PURCHASE PRICE. The Purchase Price shall be $354,000.00. The entire Purchase Price shall be due and payable in full at closing. 2. POSSESSION AND CLOSING. Possession of the Property shall be delivered to Buyer at closing. Closing shall occur at City Hall, 715 Mulberry Street, Waterloo, on or before July 30, 2017, subject to satisfaction of any conditions stated in this Agreement. 3. REAL ESTATE TAXES. Seller shall pay taxes prorated to the closing date in accordance with the provisions of Iowa Code § 427.2, and any unpaid real estate taxes payable in prior years, either paying Buyer, or giving Buyer a credit, for all of such taxes. Buyer shall pay all subsequent real estate taxes. 4. SPECIAL ASSESSMENTS. Seller shall pay at time of closing all installments of special assessments which are a lien on the Property as of closing or which can be verified to be owing as of the closing date but are not yet certified as a lien. Buyer shall pay all other special assessments or installments. 5. RISK OF LOSS AND INSURANCE. Seller agrees to maintain existing insurance to the date of closing and shall bear the risk of loss or damage to the Property to the date of closing. In the event of substantial damage or destruction prior to closing, the Buyer shall have the option to complete the closing and receive insurance proceeds regardless of the extent of damages or to declare this Agreement null and void. 6. FIXTURES. Included with the Property shall be all fixtures that integrally belong to, are specifically adapted to or are a part of the real estate, whether attached or detached. The following items shall not be included: any items that Seller chooses to remove during salvage . 7. CONDITION OF PROPERTY. The Property as of the date of this Agreement, including buildings, grounds, and all improvements, will be preserved by the Seller in its present condition until closing, ordinary wear and tear excepted. Seller sells the Property "AS IS" and makes no warranties, expressed or implied, as to the condition of the Property. Within 45 days after the acceptance of this Agreement, Buyer may, at its sole expense, have the property inspected by a person or persons of its choice to determine if there are any Page 210 of 300 environmental or other deficiencies. Seller shall cooperate in providing reasonable access to Buyer's inspectors. Within this same period, the Buyer may notify the Seller in writing of any deficiency. The Seller shall immediately notify the Buyer in writing of what steps, if any, the Seller will take to correct any deficiencies before closing. The Buyer shall then immediately in writing notify the Seller that (1) such steps are acceptable, in which case this Agreement, as so modified, shall be binding upon all parties; or (2) that such steps are not acceptable, in which case this Agreement shall be null and void. 8. ABSTRACT AND TITLE. Seller, at its expense, shall obtain an abstract of title to the Property continued through a date that is within forty-five (45) days of the closing, and shall deliver it to Buyer's attorney for examination. It shall show marketable title in Seller in conformity with this Agreement, Iowa law, and title standards of the Iowa State Bar Association. The Seller shall make every reasonable effort to promptly perfect the title. If closing is delayed due to Seller's inability to provide marketable title, this Agreement shall continue in force and effect until either party rescinds the Agreement after giving ten days' written notice to the other party. The abstract shall become the property of Buyer when the Purchase Price is paid in full. Seller shall pay the costs of any additional abstracting and title work due to any act or omission of Seller, including transfers by or the death of Seller or its assignees. 9. SURVEY. Buyer may, at Buyer's expense, have the Property surveyed and certified by a registered land surveyor prior to closing if a survey is required by law. If the survey shows an encroachment on the Property or if any improvements located on the Property encroach on lands of others, the encroachments shall be treated as a title defect. 10. ENVIRONMENTAL MATTERS. A. Seller warrants to the best of its knowledge and belief that there are no abandoned wells, solid waste disposal sites, hazardous wastes or substances, or underground storage tanks located on the Property, the Property does not contain levels of radon gas, asbestos, or urea -formaldehyde foam insulation which require remediation under current governmental standards, and Seller has done nothing to contaminate the Property with hazardous wastes or substances. Seller warrants that the property is not subject to any local, state, or federal judicial or administrative action, investigation or order, as the case may be, regarding wells, solid waste disposal sites, hazardous wastes or substances, or underground storage tanks. Any exceptions to the warranties set forth above are fully described on a separate addendum attached hereto. B. Seller hereby represents that, to the best of its knowledge and belief, there is no active or abandoned septic tank or septic system on the property, except as described here: C. Buyer may, at Buyer's expense, have the Property inspected further for the existence of any hazardous materials, substances, or wastes. Seller shall cooperate in providing reasonable access to Buyer's inspectors and engineers. If hazardous materials, substances, or wastes are discovered on the Property, Buyer's obligation hereunder shall be contingent upon the removal of such materials, substances, conditions or wastes or other resolution of the 2 Page 211 of 300 matter reasonably satisfactory to Buyer. However, in the event Seller is required to expend any sum in excess of $1,000 to remove any hazardous materials, substances, conditions or wastes, Seller shall have the option to cancel this transaction and declare this Agreement null and void. The expense of any action necessary to remove or otherwise make safe any hazardous material, substances, conditions or waste shall be paid by Seller, subject to Seller's right to cancel this transaction as provided above. 11. DEED. Upon payment of the Purchase Price, Seller shall convey the Property to Buyer by warranty deed, free and clear of all liens, restrictions, and encumbrances except as provided in this Agreement. General warranties of the title shall extend to the time of delivery of the deed excepting liens and encumbrances suffered or permitted by Buyer. 12. JOINT TENANCY IN PROCEEDS AND IN REAL ESTATE. If Seller, immediately preceding acceptance of the offer, holds title to the Property in joint tenancy with full rights of survivorship, and the joint tenancy is not later destroyed by operation of law or by acts of the Seller, then the proceeds of this sale, and any continuing or recaptured rights of Seller in the Property, shall belong to Seller as joint tenants with full rights of survivorship and not as tenants in common; and Buyer in the event of death of any Seller, agree to pay any balance of the price due Seller under this contract to the surviving Seller and to accept a deed from the surviving Seller consistent with Paragraph 15. 13. JOINDER BY SELLER'S SPOUSE. Seller's spouse, if not a title holder immediately preceding acceptance, executes this Agreement only for the purpose of relinquishing all rights of dower, homestead, and distributive share or in compliance with Section 561.13 of the Code of Iowa and agrees to execute the deed or real estate contract for this purpose. 14. STATEMENT AS TO LIENS. If Buyer intends to assume or take subject to a lien on the Property, Seller shall furnish Buyer with a written statement prior to closing from the holder of such lien, showing the correct balance due. 15. USE OF PURCHASE PRICE. At time of settlement, funds of the Purchase Price may be used to pay taxes and other liens and to acquire outstanding interests, if any, of others. 16. 1031 EXCHANGE. N/A. 17. APPROVAL OF COURT. N/A. 18. REMEDIES OF THE PARTIES. A. If Buyer fail to timely perform this Agreement, Seller may forfeit it as provided in the Iowa Code (Chapter 656), and all payments made shall be forfeited; or, at Seller's option, upon thirty days' written notice of intention to accelerate the payment of the entire balance because of Buyer's default (during which thirty days the default is not corrected), Seller may declare the entire balance immediately due and payable. Thereafter this Agreement may be foreclosed in equity and the Court may appoint a receiver. B. If Seller fails to timely perform this Agreement, Buyer has the right to have all payments made returned to it, or Buyer may require specific performance by Seller. 3 Page 212 of 300 C. Buyer and Seller are also entitled to utilize any and all other remedies or actions at law or in equity available to them, and the prevailing parties shall also be entitled to obtain judgment for costs and attorney fees. 19. NOTICE. Any notice under this Agreement shall be in writing and be deemed served when it is delivered by personal delivery or mailed by certified mail, addressed to the parties at the addresses given below. Seller: Christian Community Development 306Walnut Street Waterloo, IA 50703 Attn: Executive Director Buyer: City of Waterloo 715 Mulberry Street Waterloo, IA 50703 Attn: Community Planning & Development Director 20. GENERAL PROVISIONS. In the performance of each part of this Agreement, time shall be of the essence. Failure to promptly assert rights herein shall not, however, be a waiver of such rights or a waiver of any existing or subsequent default. This Agreement shall apply to and bind the successors in interest of the parties. This Agreement shall survive the closing. This Agreement contains the entire agreement of the parties and shall not be amended except by a written instrument duly signed by Seller and Buyer. Paragraph headings are for convenience of reference and shall not limit or affect the meaning of this Agreement. Words and phrases herein shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender according to the context. 21. NO REAL ESTATE AGENT OR BROKER. Neither party has used the service of a real estate agent or broker in connection with this transaction. 22. ADDITIONAL PROVISIONS. A. The parties acknowledge that Buyer is acquiring the Property for economic development purposes. Buyer's rights and duties under this Agreement are assignable to any person or entity that will further the economic development objectives contemplated by Buyer. B. Special contingencies to effectiveness of Agreement. Notwithstanding any signatures below by representatives of Buyer, this Agreement is expressly subject to approval by the city council of Buyer. C. Seller shall have the right to salvage materials, equipment and fixtures from the Property until June 30, 2017. Any personal property or fixtures of any type or nature that remain on the Property after closing shall be deemed abandoned by Seller, and Buyer shall be free to keep or dispose of same in any way or at any time that Buyer chooses, without further compensation to Seller. Seller shall remove all hazardous materials and/or substances from the Property on or above the ground surface, including but not limited to 4 Page 213 of 300 barrels, cans, bottles or containers of any kind. Seller agrees to use reasonable methods to keep the Property secure against entry by unauthorized persons. Upon completion of salvage activities, Seller shall notify Buyer in writing so that a closing can be scheduled. 23. ENTIRE AGREEMENT. This Agreement represents the entire agreement between the parties, superseding all prior or contemporaneous understandings, negotiations, discussions, or agreements between the parties with respect to the subject matter hereof. 24. ACCEPTANCE. When accepted, this Agreement shall become a binding contract. If not accepted by Seller on or before , this Agreement shall be null and void. Dated BUYER City of Waterloo, Iowa Accepted by Seller SELLER Christian Community Development By: By: Mayor Attest: City Clerk 5 Title: Page 214 of 300 CITY OF WATERLOO Council Communication Amendment to Traffic Code Section 549; Loading Zones; Subsection (20a) Sixth Street (E). City Council Meeting: 8/7/2017 Prepared: 8/1/2017 REVIEWERS: Department Reviewer Action Date Traffic Operations Even, LeAnn Approved 8/1/2017 - 4:19 PM ATTACHMENTS: Description Type ❑ Ordinance Cover Memo SUBJECT: Motion to receive, file, consider and pass for the first time an ordinance amending the 2008 Traffic Code by adding Subsection (20a) East side in the 400 block of Sixth Street (E), to Section 549, Loading Zones. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted by: Submitted By: Sandie Greco, Interim Public Works Director Recommended Action: Adopt Ordinance Summary Statement: Policy Issue: Background Information: Police Department has asked for a loading zone in front of the property building at 408 E. 6th St. to allow for the public to park while picking up belongings or evidence. Strategy 2.3 - Expand efforts to make the City of Waterloo's police force reflective of the community it serves. The 400 block of E. 6th St. only allows city vehicles to park - the loading zone would allow citizens to park while picking up property. Page 215 of 300 ORDINANCE NO. AN ORDINANCE AMENDING THE 2008 TRAFFIC CODE BY ADDING SUBSECTION (20a) SIXTH STREET (E) to SECTION 549, LOADING ZONES, AS FOLLOWS: BE IT ORDAINED by the City Council of the City of Waterloo, Iowa: That Subsection (20a) Sixth Street (E) of Section 549, Loading Zones, of the 2008 Traffic Code, is hereby amended by adding the following: (20a) Sixth Street (E) East side in the 400 block. PASSED AND ADOPTED by the City Council this day of August, 2017, and approved by the Mayor this day of August, 2017. Quentin Hart, Mayor ATTEST: Kelley Felchle, City Clerk Page 216 of 300 CITY OF WATERLOO Council Communication Enacting a new Title 6, Motor Vehicles and Traffic, Chapter 1 Traffic Code. City Council Meeting: 8/7/2017 Prepared: 6/13/2017 REVIEWERS: Department Reviewer Action Date Police Department Trelka, Daniel Approved 6/13/2017 - 2:53 PM Clerk Office Even, LeAnn Approved 6/21/2017 - 11:59 AM ATTACHMENTS: Description Type ❑ ATE draft ordinance Cover Memo SUBJECT: Motion to receive, file, consider and pass for the third time and adopt an ordinance amending the 2007 City of Waterloo Code of Ordinances by enacting a new Title 6, Motor Vehicles and Traffic, Chapter 1 Traffic Code by adding Section 4; Automated Traffic Enforcement. Submitted by: Submitted By: Daniel J. Trelka, Chief of Police Recommended Action: Approval of an Automated Traffic Enforcement ordinance. Summary Statement: Policy Issue: There are several identifiable traffic controlled intersections where accidents are occurring more often and at a greater frequency than other intersections in the city. In addition, more incidents of careless, reckless, aggressive, and distracted driving is being observed throughout the city. The police department would like to implement an Automated Traffic Enforcement (ATE) program to address these issues. One of the dynamics of such a program is the passage of an ATE ordinance. Waterloo Strategic Plan - Goal 2: Implement a Community Policing strategy that creates a safe environment in Waterloo. - Strategy 2.1: Strengthen the work of the Waterloo Police Department through adequate training, staffing, and community programing. - Strategy 2.2: Enlist all City departments and staff members in efforts to promote a safer community. - Strategy 3.1: Continue to implement and explore new options for revenue generation (tax relief) for the City. Page 217 of 300 6-1-4: AUTOMATED TRAFFIC ENFORCEMENT A. General: The City of Waterloo, in accordance with its police powers, may deploy, erect or cause to have erected an automated traffic enforcement system for making video images of vehicles that fail to obey red light traffic signals at intersections designated by the Chief of Police, or his designee, or fail to obey speed regulations at other locations in the city. The systems may be managed by the private contractor that owns and operates the requisite equipment with supervisory control vested in the city's police department. Video images shall be provided to the police department by the contractor for review. The police department will determine which vehicle owners are in violation of the city's traffic control ordinances and are to receive a notice of violation for the offense. B. Definitions: 1. Automated Traffic Citation shall mean a notice of fine generated in connection with the automated traffic enforcement system. 2. Automated Traffic Enforcement Contractor shall mean the company or entity, if any, with which the City of Waterloo contracts to provide equipment and/or services in connection with the Automated Traffic Enforcement System. 3. Automated Traffic Enforcement System shall mean an electronic system consisting of a photographic, video, or electronic camera and a vehicle sensor installed to work in conjunction with an official traffic controller or police department employee to automatically produce photographs, video or digital images of each vehicle violating a standard traffic control device or speed restriction. 4. Vehicle Owner shall mean the person or entity identified by the Iowa Department of Transportation, or registered with any other state vehicle registration office, as the registered owner of a vehicle. C. Vehicle Owner's Civil Liability for Certain Traffic Offenses: 1. The Vehicle Owner shall be liable for a fine as imposed below if such a vehicle crosses a marked stop line or the intersection plane at a system location when the traffic signal for that vehicle's direction is emitting a steady red light or arrow. 2. The Vehicle Owner shall be liable for a fine as imposed below if such vehicle travels at a speed above the posted limit. 3. The violation may be exempted from liability as outlined below in subsection (f.) of this section, and other defenses may be considered in connection with the appeal process. Page 218 of 300 4. In no event will an Automated Traffic Citation be sent or reported to the Iowa Department of Transportation or similar department of any other state for the purpose of being added to the Vehicle Owner's driving record. D. Notice of Violation; Fine: 1. Notice of the violation will be mailed to the Vehicle Owner for each violation recorded by an Automated Traffic Enforcement System or traffic control signal monitoring device. The Automated Traffic Enforcement Contractor shall mail the notice within 30 days after receiving information about the Vehicle Owner. The notice shall include the name and address of the Vehicle Owner; the vehicle make, if available and readily discernable, and registration number; the violation charged; the time; the date; and the location of the alleged violation; the applicable fine and monetary penalty which shall be assessed for late payment; information as to the availability of an administrative hearing in which the notice may be contested on its merits; and that the basis of the notice is a photographic record obtained by an Automated Traffic Enforcement System. 2. Any violation of subsection C.1. or C.2. above shall be subject to a civil fine as established by resolution. All civil fines shall be payable to the City of Waterloo. E. Contesting an Automated Traffic Citation. A Vehicle Owner who has been issued an Automated Traffic Citation may contest the citation as follows: 1. By submitting in a form specified by the City a request for an administrative hearing to be held at the Waterloo Police Department before an administrative appeals board (the "Board") consisting of one or more impartial fact finders. Such a request must be filed within 30 days from the date on which Notice of the violation is sent to the Vehicle Owner. After a hearing, the Board may either uphold or dismiss the Automated Traffic Citation, and shall mail its written decision within 10 days after the hearing, to the address provided on the request for hearing. If the citation is upheld, then the Board shall include in its written decision a date by which the fine must be paid, and on or before that date, the Vehicle Owner shall either pay the fine or submit a request pursuant to the next paragraph, E.2. 2. By submitting in a form specified by the City a request that in lieu of the Automated Traffic Citation, a municipal infraction citation be issued and filed with the Clerk of Courts of the Iowa District Court in Black Hawk County. Such a request must be filed within 30 days from the date on which Notice of the violation is sent to the Vehicle Owner. Such a request will result in a court order requiring the Vehicle Owner to file an answer and appearance with the Clerk of Page 219 of 300 Court, as well as setting the matter for trial before a judge or magistrate. If the Court finds the Vehicle Owner guilty of the municipal infraction, mandated court costs will be added to the amount of the fine imposed by this section. F. Exceptions to Owner Liability. There shall be no liability pursuant to this section if: 1 The operator of the vehicle in question was issued a municipal infraction for the violation in question pursuant to Waterloo Code 6-1-1; or 2. The violation occurred at any time after the vehicle in question or its state registration plates were reported to a law enforcement agency as having been stolen, provided, however, the vehicle or its plates had not been recovered by the Vehicle Owner at the time of the alleged violation; or 3. The vehicle in question was an authorized emergency vehicle; or 4. The officer inspecting the recorded image determines that the vehicle in question was lawfully participating in a funeral procession; or 5. The officer inspecting the recorded image determines that the vehicle in question entered the intersection in order to yield the right-of-way to an emergency vehicle. G. Failure to Timely Pay or Appeal. If the recipient of an Automated Traffic Citation does not either pay the fine by the due date stated in the citation or appeal the citation as provided herein, a municipal infraction may be filed by the Waterloo Police Department and a fine may be sought in accordance with Waterloo Code 6-1-1 rather than subsection (d.) above. If the Court finds the Vehicle Owner guilty of the violation, mandated court costs will be added to the amount of the fine imposed by this section. Page 220 of 300 CITY OF WATERLOO Council Communication Resolution approving a Customer Agreement with Gatso USA, Inc. of Beverly, Massachusetts, for a fee of $36.00 per paid citation for ATE (Automated Traffic Enforcement) services to the City of Waterloo, and authorize the Mayor and City Clerk to execute said documents. City Council Meeting: 8/7/2017 Prepared: 7/18/2017 REVIEWERS: Department Police Department Clerk Office ATTACHMENTS: Description ❑ Customer Agreement D Board Bylaws Submitted by: Recommended Action: Summary Statement: Expenditure Required: Policy Issue: Reviewer Trelka, Daniel Even, LeAnn Action Approved Approved Type Cover Memo Cover Memo Submitted By: Daniel J. Trelka, Chief of Police Approve resolution. Date 7/18/2017 - 1:47 PM 7/19/2017 - 10:13 AM The Customer Agreement has been reviewed by the City Attorney, the City Clerk, and the Chief of Police. Two attachments are included: The Customer Agreement and a draft of the Board Bylaws for the required Administrative Hearing process. None This resolution conforms to the following of the Waterloo Strategic Plan: Strategy 2.1 (Training, staffing, and community programming) Strategy 2.2 (Safety) Strategy 3.1 (Revenue) Page 221 of 300 Customer Agreement This Customer Agreement ("Agreement") is made on [Insert Date] (the "Effective Date"), between Gatso USA, Inc., a Delaware corporation with a principal business address at 900 Cummings Center, Suite 222- T, Beverly, Massachusetts 01915 ("Gatso") and the City of Waterloo, Iowa with a principal business address at 715 Mulberry Street, Waterloo, Iowa 50703 (the "City"). WHEREAS, the City wishes to retain the technology and business services of Gatso to provide an automated red-light and speed enforcement program as further defined in Section 3.2 of this Agreement (the "Services"), as part of the City's automated traffic law enforcement program; and WHEREAS, Gatso agrees to provide the Services, including the hardware and software to provide and implement an automated red-light and speed enforcement system ("System"), pursuant to the terms of this Agreement; NOW THEREFORE, the parties mutually agree as follows: 1. AGREEMENT TERM; TERMINATION 1.1. Initial Term; Extensions. The Agreement shall commence on the Effective Date and continue for a period of three (3) years (the "Initial Term"). Upon expiration of the Initial Term, the Agreement will automatically renew for two (2) subsequent two (2) year terms (each a "Renewal Term" and, collectively with the Initial Term, the "Term"), unless either party provides a written notice to terminate not later than thirty (30) days prior to expiration of the then -current Initial Term or Renewal Term. Renewal Terms are subject to renewal pricing which shall be mutually agreed upon by the parties no less than sixty (60) days prior to the expiration of the then -current Initial Term or Renewal Term. 1.2. Termination By Agreement. This Agreement may be terminated at any time by the mutual written agreement of Gatso and the City. 1.3. Termination For Cause. Either party may terminate this Agreement for cause if: (a) the other party has breached its obligations under this Agreement; (b) applicable law is amended, or the Iowa Department of Transportation adopts a rule or other requirement, to prohibit or substantially restrict the operation of automated traffic law enforcement systems, including the System being provided by Gatso; or (c) any court of competent jurisdiction rules that the System, or other similar systems, violates applicable law or cannot otherwise be used to enforce notices of violation or citations issued hereunder. The terminating party must provide thirty (30) days advance written notice to the other party of its intent to terminate, which notice must include the reasons for the termination. In the case of a breach of this Agreement, the notice must provide the other party with an opportunity to cure the breach within thirty (30) days after receipt of the notice. No termination fee shall be required with respect to termination for cause under this paragraph. Notwithstanding the foregoing, in the event of termination based upon (b) or (c) above, Gatso or the City may suspend the System and all associated Services immediately upon the effective date of such amendment or ruling, as applicable. 1.4. Termination By City For Convenience. The City may terminate this Agreement at any time at its convenience by giving written notice to Gatso not less than sixty (60) days prior to the termination date. If the City terminates this Agreement for convenience at any time within the Initial Term, then the City must pay Gatso a fee in the amount of $1500 per automated enforcement unit for each month that remains in the Initial Term as of the termination date (the Page 222 of 300 "Termination Fee"). The Termination Fee must be paid within thirty (30) days after the Effective Date of Termination as defined in Section 1.5. There is no Termination Fee if the City terminates at the end of the Initial Term or during any Renewal Term. 1.5. Cessation of Activities Except Pending Violations. On the termination date (if this Agreement is terminated for convenience pursuant to Section 1.4) or on the first day after any other date of termination or expiration of this Agreement ("Effective Date of Termination"), the image capture activities provided by Gatso under this Agreement shall cease immediately. Nevertheless, unless otherwise prohibited by law, all photo -enforcement violations in process or captured prior to the Effective Date of Termination, will continue until final disposition is reached on the violations and Gatso will continue to provide Services related to the process leading to such judgment, if any. 1.6. Removal Of Hardware, Equipment; Restoration. Upon the termination of this agreement, Gatso shall promptly retrieve all automated enforcement units, as defined in Section 3.2, which retrieval shall be completed no later than forty-five (45) days after the Effective Date of Termination. 2. COMPENSATION 2.1. Amount. The City shall pay to Gatso the following fees for the System and related Services as set forth below: 2.2. A "Per Citation Fee" of $36.00 per paid citation for automated enforcement violations detected by an automated enforcement unit, commencing on the first day after the Warning Period, as defined in Section 3.5, if any, ends. 2.3. Fee Payment. 2.3.1. Gatso shall provide an itemized invoice to the City within one day of each violations fund sweep to the City. Each such invoice shall highlight the gross funds received from violation payments on behalf of the City and the violations to which such funds are attributable. Gatso shall deduct its fee per Section 2.2, and the net amount shall be transferred from the Master Account, as defined in Section 3.13, to the City. Net violation fund sweeps to the City shall be scheduled to occur on or around the 1st and the 15th of each month. The Town shall have access to a shared accounting system to insure the information included on the invoice is correct. 2.3.2. Fees are Sole Compensation. The fees required pursuant to this Section 2 shall be Gatso's sole compensation for the Service described herein. Except as explicitly set forth herein, all costs and expenses associated with the supply, installation, commissioning, operation, maintenance, repair, replacement, and removal of the System and all related hardware and equipment shall remain the responsibility of Gatso. 3. SCOPE OF WORK 3.1. Gatso Project Manager. Gatso will designate one Gatso employee as the City's principal contact at Gatso ("Gatso Project Manager"). Page 223 of 300 3.2. The System. Gatso shall provide the City with automated photo enforcement cameras to be installed at fixed locations as designated by the City (" Fixed Red -Light and Speed Enforcement" units), Hand -Held speed enforcement units and Mobile speed enforcement units, along with Violation Packages, as defined in Section 3.9, and processing of Violation Packages, as defined in Section 3.10. Gatso shall furnish, operate, and maintain the System in accordance with Gatso's standard installation practices. Gatso shall be solely responsible for the installation, including, but not limited to, construction costs, of the Fixed Enforcement Units. 3.4 Signage. Gatso will provide and install standard Gatso signage for each highway that is not a freeway that is part of the state highway system and that enters the City informing inbound traffic that the City utilizes traffic law photo -monitoring devices to enforce traffic laws, at no cost to the City. Gatso shall also provide non-standard signage specified by the City (such as signs that include welcome messages, logos, or other features), but the City shall bear all extra costs attributable to any such non-standard features. Those extra costs shall be included in the first invoice issued by Gatso to the City. 3.5 24 -Hour Operation; Warning Period. Gatso shall operate the server components of the System on a continuous, 24-hour basis, seven (7) days per week, except for reasonable scheduled and unscheduled downtime, including System maintenance and repairs as set forth in Section 3.6, and Force Majeure as set forth in Section 5.4. 3.6 System Maintenance; Repairs; Logs. Gatso shall maintain the System and shall promptly repair or replace any damaged or defective equipment at its own expense except if the damage was caused by the negligent operation of a Handheld Speed Enforcement Unit or a City owned or controlled vehicle. City police personnel will test the calibration of the Handheld Speed Enforcement Unit before each deployment. Gatso will perform annual calibration of the Fixed Location Speed Enforcement units on an annual basis, and shall provide the City with reports showing the results of the calibration testing, and confirming that the calibration is accurate. At least quarterly during the Term, City police personnel will verify calibration of the Fixed Location Speed Enforcement units using a Gatso-supplied, GPS -enabled, speed sensor box. Gatso shall perform preventative maintenance and cleaning of System components on a regularly scheduled basis, including review, cleaning and testing of camera settings and operation, communications, and other System components. Gatso will use commercially reasonable efforts to notify the City and initiate repairs to the System within forty-eight (48) hours after identification of any damage, defect, or material issues relating to calibration or accuracy of speed measurement. 3.7 System Upgrades. In the event Gatso makes upgrades to the software or related performance capabilities of the System generally available to its customers, Gatso will provide such upgrades without charge to the City. 3.8 City Personnel Training. Gatso will provide System training, including training documentation, to City personnel designated by the City. 3.9. Images and Data; Violation Package. Gatso will upload encrypted violation images and embedded violation data to a Gatso server in a timely manner. Gatso shall correlate images and data with DMV records, and shall assemble the images and data into an electronic violation package (a "Violation Package") in such a manner to allow the City to carry out those responsibilities set forth in Section 4.4 of this Agreement. 3.10. Processing Of Violation Package. Gatso shall process Violation Packages through a system that utilizes commercially reasonable security protocols and that shall be accessible by the City's Police Department through the internet to review, and approve or reject, each violation before a notice of violation is issued related to that violation. Gatso shall notify the City of the list of Page 224 of 300 supported web browsers for accessing this system. Gatso will use commercially reasonable efforts to process violation images and send a Violation Package to the City's Police Department for review within seven (7) business days after the violation has occurred. Gatso shall provide reasonable aid and assistance in the prosecution of citations issued hereunder, including the provision of witnesses, as may be required in a court or quasi-judicial panel of competent jurisdiction, at no charge to the City. 3.11.Notices of Violation. After the City's review and approval of a violation as set forth in Section 4.4, Gatso shall issue a notice of violation with images and data related to the notice of violation by mail within ten (10) days. The citation shall include images of the alleged traffic law infraction, and shall be in a form mutually agreed upon by the parties. The System shall allow the registered owner or owners of a cited vehicle to review the images and data related to the notice of violation, through the web -portal by using a unique identifier code issued as part of the notice of violation. Additionally, Gatso will maintain a toll-free telephone number for registered owners to discuss notices of violation and make payments, with hours of 8:00 a.m. to 5:00 p.m. (Eastern) Monday through Friday, not including state and federal holidays. With respect to any registered owner who has not paid the citation within 30 days of mailing of the notice of violation, Gatso shall send a 2' notice, in a form mutually agreed upon by the parties. With respect to any registered owner who has not paid the citation within thirty days of mailing of the 2' notice, Gatso shall send a 3rd notice, which shall also include language requiring the violator to pay and all costs of collection activity with respect to such citation, in a form mutually agreed upon by the parties. 3.12.Payment Methods; Collection of Infraction Fees. Gatso shall provide the registered owner or owners of a cited vehicle the following payment methods: "pay by web," "pay by telephone," and "pay by mail" for the payment of notices of violation issued through the System. Gatso may pass through to violators any reasonable credit card convenience fees imposed upon Gatso by its suppliers for violations paid by credit card ("Credit Card Convenience Fee"). Any registered owner that does not wish to pay the Credit Card Convenience Fee may remit payment to Gatso by mail in the form of a money order or check drawn upon a U.S. bank. The City shall have no obligation for the payment of any Credit Card Convenience Fees. 3.13. Collection of Infraction Fees. Gatso will collect infraction fees from those who voluntarily pay in response to notices issued by Gatso, and shall place such fees in a separate account with a banking institution accessible to the City ("Master Account"). The account shall be established in a manner which permits: (a) funds to be swept to a City -designated bank account by Gatso; and (b) and for the City to have viewing rights to the Master Account. 3.14.Further Action by City. If a registered owner disputes responsibility for a violation and a different violator is identified by the recipient of the notice of violation, then Gatso will reissue the citation to that different violator within ten (10) days after such identification 3.15. Storage Of Violation Packages. Gatso will store all captured violation data and images pursuant to the policy established by the City and communicated to Gatso prior to the Effective Date. The City shall have reasonable access to the Violation Packages during the storage period. 3.16.NLETS Requirements. All authorized Gatso or subcontractor personnel reviewing the vehicle registration information obtained via the National Law Enforcement Telecommunications System ("NLETS") on behalf of the City shall comply with all applicable State of Iowa and NLETS requirements. 3.17.Reports. Gatso shall make available monthly reports to the City comprised of statistics relating to the functioning of the System, including but not limited to the number of captured violations, the number of violations sent for Police Department approval, the number of notices of violation Page 225 of 300 issued, the number of notices of violation paid, the number of contested notices of violation, the amount of scheduled and unscheduled downtime of the System, and such other data as may be reasonably requested by the City. 3.18.Public Awareness. Gatso shall assist and support the City's efforts in public education and awareness programs, by providing information including, but not limited to, violation statistics and violation statistic improvements. Gatso shall provide the City with a pamphlet that the City may reproduce and distribute to City residents; such pamphlet shall include a description of the operation of the System in non-technical terms. 3.19. Insurance. Gatso shall, during the Term of this Agreement, maintain insurance coverage in at least the minimum amounts set forth in this Section 3.19. 3.19.1. Workers' Compensation and Employer's Liability with limits not less than: Workers' Compensation: statutory Employer's Liability: $500,000 ea. accident -injury $500,000 ea. employee -disease $500,000 disease -policy This insurance shall provide that coverage applies to the State of Iowa 3.19.2. Comprehensive Motor Vehicle Liability with limits for vehicles owned, non -owned, or rented of not less than $1,000,000 Bodily Injury and Property Damage Combined Single Limit. 3.19.3. Comprehensive General Liability with limits not less than $1,000,000 Bodily Injury and Property Damage Combined Single Limit. 3.19.4. Umbrella Liability with limits not less than $2,000,000 Bodily Injury and Property Damage Combined Single Limit. This policy shall apply in excess of the limits stated in 3.19.1 through 3.19.3 above. 3.19.5. Gatso shall list the City as an additional insured under all the policies described in this Section 3.19 and shall file with the City certificates of insurance reflecting the minimum insurance coverage and limits provided in this Section 3.19 prior to commencing work on the System. 4. CITY RESPONSIBILITIES 4.1. City Project Manager. The City will designate one City employee as Gatso's principal contact at the City ("City Project Manager"). 4.2. Cooperation. The City will cooperate with Gatso during all aspects of the planning, installation, implementation, and operation of the System and perform any other City obligations set forth in this Agreement including but not limited to the calibration activities described in Section 3.6. 4.3. Operation of Hand -Held Speed Enforcement Units. To promote community safety, the City agrees to: (a) follow reasonable industry practices in or Hand -Held and (b) download all violations detected by the Hand -Held or Mobile Speed Enforcement units in a timely manner which shall in no event exceed forty-eight (48) hours following detection. If, during any four (4) consecutive weeks during the Term, the City fails to utilize one (1) or more Hand -Held Speed Page 226 of 300 Enforcement unit for at least ten (10) hours per week, in addition to any other remedies it may have hereunder, Gatso may, at its sole discretion, remove any such Handheld Speed Enforcement unit that has been underutilized from the Service. 4.4. Review Of Violations. The City will provide sworn City police officers, community service officers or any other City employee designated by the City to carefully review each Violation Package to determine whether: (a) the violation is approved and notices of violation can be mailed; or (b) the violation is rejected. If the violation is rejected, the City Project Manager will report to Gatso the basis for the rejection. The City is solely responsible for determining which violations identified by Gatso are issued as citations. 4.5. Access to Information Services. To the extent required by NLETS, the City will provide written authorization (in a form reasonably acceptable to the City) for Gatso and its subcontractors to perform Motor Vehicle Division (Iowa Bureau of Motor Vehicles) inquiries on behalf of the City. 4.6. Collection of Unpaid Fines. In the event a violator fails to pay or contest a notice of violation as set forth in the 3' notice described in Section 3.11, the City shall refer such matters to a third - party collections agency or law firm to recover all costs of the fines, including collections costs and expenses for failure to pay in a timely manner. Any citations that are paid through the collections process described in this section will be deemed citations paid for the purposes of Section 2.1. If the City fails to timely engage a collections agency or law firm, Gatso may, at its option and expense, retain such an agency to recover such fines and costs, and any amounts recovered by Gatso in this manner will be subject to the terms of this Agreement. 5. GENERAL PROVISIONS 5.1. Indemnification Obligations. To the extent not prohibited by the constitution or laws of the State of Iowa, the City shall indemnify, defend, and hold harmless Gatso and its affiliates, shareholders or other interest holders, managers, officers, directors, employees, agents, representatives and successors, permitted assignees and all persons acting by, through, under or in concert with them (including but not limited to equipment suppliers and installers) (the "Gatso Indemnitees") from and against any and all third party claims arising out of or related to: a. any material breach of the representations and warranties of the City set forth in Section 5.3.2; b. negligence or misconduct of the City or its employees, contractors, or agents that results in bodily injury to any natural person (including third parties) or any damage to any real or tangible personal property (including the personal property of third parties), except to the extent caused by the negligence or misconduct of any Gatso Indemnitee; c. the validity of the results of the City's use of the System or any portion thereof; or the validity of any citation issued, prosecuted, and collected as a result of the City's use of the System except to the extent caused by Gatso's failure to comply with the terms of the Agreement. Page 227 of 300 5.1.1.Gatso shall indemnify, defend, and hold harmless the City and its elected officials, officers, employees, agents, attorneys, representatives, and permitted assignees and all persons acting by, through, under or in concert with them (the "City Indemnitees") from and against any and all third -party claims arising out of or related to: a. any material breach of the representations and warranties of Gatso set forth in Section 5.3.1; b. negligence or misconduct of Gatso or its employees, contractors, or agents that results in bodily injury to any natural person (including third parties) or any damage to any real or tangible personal property (including the personal property of third parties), except to the extent caused by the negligence or misconduct of any City Indemnitee; or c. a claim that the System infringes the copyright or U.S. patent of a third party. In the event such a claim is made or appears likely to be made, Gatso will either: (a) enable the City to continue to use the System, (b) modify the System to render it non -infringing; or (c) replace the System with a replacement System at least functionally equivalent. If Gatso determines that none of these alternatives is reasonably available, Gatso shall have the right to terminate this Agreement effective immediately. 5.1.2.In the event of any third -party claim, action, or demand for which a party seeks indemnification from the other pursuant to this Section 5.1 (each a "Claim"), the Indemnified Party must give the Indemnifying Party written notice of such Claim promptly after the Indemnified Party first becomes aware of it. The Indemnifying Party will have the right to choose counsel to defend against the Claim (subject to approval of such counsel by the Indemnified Party, which approval may not be unreasonably withheld, conditioned, or delayed) and to control and settle the Claim. The Indemnifying Party will have the right to participate in the defense of the Claim at its sole expense. 5.2. LIMITATION OF LIABILITY. EXCEPT FOR AMOUNTS PAYABLE WITH RESPECT TO THE INDEMNIFICATION OBLIGATIONS SET FORTH IN SECTION 5.1: (A) NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOST PROFITS OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES IN CONNECTION WITH THE AGREEMENT, THE SERVICES, OR THE SYSTEMS, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY; AND (B) THE AGGREGATE LIABILITY OF EITHER PARTY FOR DIRECT DAMAGES ARISING OUT OF THE AGREEMENT AND THE TRANSACTIONS CONTEMPLATED HEREBY SHALL BE LIMITED TO THE FEES PAID OR PAYABLE BY THE CITY TO GATSO PURSUANT TO SECTION 2.1 DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO SUCH CLAIM. 5.3. Representations and Warranties. 5.3.1.Gatso represents and warrants that at all times during the Term: a. it has the legal power to enter into the Agreement; b. the Systems are provided and will continue to perform in accordance with this Agreement; Page 228 of 300 c. the Services described herein will be performed in a workmanlike and professional manner with due care and skill; d. it will perform the Services described herein in compliance with all applicable federal, State of Iowa, and local laws including without limitation the Fair Labor Standards Act; any statutes regarding qualification to do business; any statutes prohibiting discrimination because of, or requiring affirmative action based on, race, creed, color, national origin, age, sex, or other prohibited classification including without limitation the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq; e. it is not barred by law from contracting with the City or with any other unit of state or local government as a result of (a) a delinquency in the payment of any tax administered by the Iowa Department of Revenue unless Gatso is contesting, in accordance with the procedures established by the appropriate revenue act, its liability for the tax or the amount of the tax or (b) any finding of recovery made against Gatso by the Iowa Auditor of State; f. the only persons, firms, or corporations interested in this Agreement as principals are those disclosed to the City prior to the execution of this Agreement and that this Agreement is made without collusion with any other person, firm, or corporation. If at any time it shall be found that Gatso, in procuring this Agreement, has colluded with any other person, firm, or corporation, then Gatso will be liable to the City for all loss or damage that the City may suffer thereby, and this Agreement will be null and void, at the City's option; and g. neither it nor any of its principals, shareholders, members, partners, or affiliates, as applicable, is a person or entity named as a Specifically Designated National and Blocked Person (as defined in Presidential Executive Order 13224) and that it is not acting, directly or indirectly, for or on behalf of a Specifically Designated National and Blocked Person. Gatso further represents and warrants to the City that Gatso and its principals, shareholders, members, partners, or affiliates, as applicable, are not, directly or indirectly, engaged in, and are not facilitating, the transactions contemplated by this Agreement on behalf of any person or entity named as a Specifically Designated National and Blocked Person. 5.3.2. The City represents and warrants that at all times during the Term: a. it has the legal power to enter into the Agreement and that it has complied with any and all applicable federal, State of Iowa, and local procurement requirements in connection therewith; and b. it will utilize the System in compliance with all applicable federal, State of Iowa and local laws. 5.3.3. EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION 5.3: a. THE PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A Page 229 of 300 PARTICULAR PURPOSE, TITLE AND NON -INFRINGEMENT AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PEFORMANCE. b. GATSO MAKES NO WARRANTY THAT THE SERVICES AND/OR SYSTEM WILL MEET THE CITY'S REQUIREMENTS, OR THAT THE SERVICES AND/OR SYSTEMS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES GATSO MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES AND/OR SYSTEM. 5.4. Force Majeure. Neither party shall be liable for delays in the performance of its obligations hereunder due to a Force Majeure Event. "Force Majeure Event" means conditions or other circumstances, such as acts of God, that: (i) were not foreseen, and could not have been reasonably foreseen, by the party obligated to perform, (ii) are beyond the control of the party obligated to perform, and (iii) materially hinder or interfere with the ability of the party obligated to perform to complete performance; provided, however, that no such condition or circumstance will be a Force Majeure Event if it is the result of the fault, negligence, or material breach of this Agreement by the party obligated to perform. Examples of Force Majeure events include wars, floods, strikes and labor disputes, unusual delay in transportation, epidemics abroad, earthquakes, severe adverse weather conditions not reasonably anticipated, and delays in permitting. 5.5. Relationship between Gatso and City. Gatso is an independent contractor. This Agreement does not create, and nothing in this Agreement may be deemed, construed, or applied to create, a partnership, joint venture or the relationship of principal and agent or employer and employee between the parties. Further, this Agreement does not permit either party to incur any debts or liabilities or obligations on behalf of the other party, except only as specifically provided herein. 5.6. Assignment. Neither party may assign this Agreement, in whole or in part, without the prior written consent of the other party, which consent shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Gatso may assign the Agreement to an affiliate or in connection with a merger or sale of substantially all of the assets related to the Agreement. The Agreement shall bind and inure to the benefit of the parties hereto and their respective successors and permitted assigns. 5.7. Escalation Procedure. The following procedure will be followed if resolution is required to a conflict arising during the performance of this Agreement. 5.7.1.When a conflict arises between the City and Gatso, the project team members will first strive to work out the problem internally. 5.7.2.If the project team cannot resolve the conflict within five (5) business days, the City Project Manager identified pursuant to Section 4.1 and the Gatso Project Manager identified pursuant to Section 3.1 will meet to resolve the issue. 5.7.3.If the conflict is not resolved within five (5) business days after being escalated to the Project Managers, a senior executive of Gatso will meet with the City Mayor within five (5) days to resolve the issue. Page 230 of 300 5.7.4.If the conflict remains unresolved as described in Section 5.7.3, the parties may mutually agree to terminate the Agreement pursuant to Section 1.2. 5.7.5.During any conflict resolution, Gatso agrees to provide those Services relating to items not in dispute, to the extent practicable pending resolution of the conflict. The City agrees to pay invoices per the Agreement. 5.8. Applicable Law; Jurisdiction and Venue. This Agreement is governed by and construed in all respects in accordance with the laws of the State of Iowa, without regard to any conflicts of laws rules. Any lawsuit arising out of or in connection with this Agreement must be filed in a state or federal court of competent jurisdiction in Iowa, and both parties specifically agree to be bound by the jurisdiction and venue of such courts. 5.9. Entire Agreement; Amendment. This Agreement and its exhibits constitutes the entire agreement between the parties about the Services and supersedes all prior and contemporaneous agreements or communications. This Agreement and its Exhibits may only be amended by a writing specifically referencing this Agreement which has been signed by authorized representatives of the parties. 5.10. Counterparts. This Agreement may be signed in one or more counterparts, each of which will be deemed to be an original and all of which when taken together will constitute the same Agreement. Any copy of this Agreement made by reliable means (for example, photocopy or facsimile) is considered an original. 5.11. Enforceability. If any term in this Agreement is found by competent judicial authority to be unenforceable in any respect, the validity of the remainder of this Agreement will be unaffected, provided that such unenforceability does not materially affect the parties' rights under this Agreement. 5.12. Waiver. An effective waiver under this Agreement must be in writing signed by the party waiving its right. A waiver by either party of any instance of the other party's noncompliance with any obligation or responsibility under this Agreement will not be deemed a waiver of subsequent instances. 5.13 Notices. Any notices provided pursuant to this Agreement shall be effective three days after deposit in the U.S. Mail if sent by Certified Mail Return Receipt Requested, or immediately if by confirmed facsimile, to the parties as follows: City: Mayor Quentin Hart City Hall 715 Mulberry Street Waterloo, Iowa 50703 Gatso: Andrew Noble, at the address above. Page 231 of 300 IN WITNESS WHEREOF, Gatso and the City of Waterloo, Iowa have caused this Agreement to be executed by their properly authorized representatives as of the Effective Date. Agreed to: Gatso USA, Inc. Agreed to: City of Waterloo, Iowa By By Authorized signature Authorized signature Name (type or print): Name (type or print): Quentin Hart Mayor Date: Date: Attested to: Attested to: By By Authorized signature Authorized signature Name (type or print): Name (type or print): Date: Date: Page 232 of 300 EXHIBIT A Additional Terms and Conditions for Installation of Camera Poles In the event that Gatso is required to install one (1) or more camera poles pursuant to Section 3.3 or Section 3.4, the following additional terms and conditions shall apply: A. Obtaining Permits. Gatso shall prepare all permit applications, design drawings or other related documents as may be reasonably required by the City or any other governmental entities for the installation and operation of the camera poles. The City will provide to Gatso, at no cost, all City permits necessary for the operation of the System and provision of the Services provided Gatso meets the minimum requirements for such permits. Gatso will use commercially reasonable efforts to obtain any other necessary permits for the camera poles from applicable agencies and shall pay all permit or other fees charged by such governmental entities in connection with the installation and operation of the System. The City will reasonably assist Gatso in securing necessary permits from other governmental agencies, as required. B. Installation. Gatso will commence installation of the camera poles within ten (10) business days after any and all necessary State, County and City permit applications have been approved and such permits have been received. Gatso shall not be responsible for any delays associated with the failure of any state or local government to promptly provide applicable permits. In the event any permitting agency requires one (1) or more upgrades to any City owned or controlled equipment at any intersection where the System will be installed, such upgrades shall be the sole responsibility of the City. Gatso may elect to add a separate circuit breaker to the traffic control system power source to obtain electric power for the System. Gatso will use commercially reasonable efforts to complete installation of the System in a timely manner. C. Fees. For any camera pole installed by Gatso pursuant to Section 3.3 and this Exhibit A, the City shall pay to Gatso the Camera Relocation Fee fee set forth in Section 2.1.2. D. Removal Of Hardware, Equipment; Restoration. Upon the termination of this agreement, Gatso shall remove any camera poles and related equipment and restore such intersections to substantially the same condition as existed prior to this Agreement. Notwithstanding the foregoing, Gatso will not remove any camera pole foundation, which shall be left approximately flush with grade with no exposed bolts or other hazards. Installed underground conduit and other equipment shall not be required to be removed. Gatso shall use commercially reasonable efforts such that removal and restoration activities occur within forty-five (45) days after the Effective Date of Termination and do not unreasonably interfere with or adversely affect traffic flow. Page 233 of 300 WATERLOO COMMUNITY SAFETY BOARD BYLAWS 7/17/2017 ARTICLE 1 NAME The name of this organization shall be the Waterloo Community Safety Board, hereinafter referred to as "the Board". ARTICLE 2 MISSION The Board has been established for the purpose of conducting administrative hearings in regard to persons contesting automated traffic citations that were issued as per City of Waterloo Code 6-1-4. The Board is designated as the impartial fact finder. ARTICLE 3 ORGANIZATION AND ADMINISTRATION The Board shall be comprised of the members of the Waterloo Police Chief's Citizen Advisory Team. The Police Chief, or his designee, will be the Administrative Assistant to the Board. The Administrative Assistant will be responsible for maintaining the minutes of the Board meetings. ARTICLE 4 ADMINISTRATIVE HEARINGS The Board will hold twelve administrative hearings per calendar year. The hearings will be at 6 PM (CST) on the second Tuesday of each month. If the second Tuesday is a recognized City Holiday, the administrative hearing will be on the following Thursday at 6 PM. The administrative hearings will be held in the Police Chief's office at Waterloo City Hall. Those requesting an administrative hearing can appear in person or by telephone. ARTICLE 5 COMPENSATION OF THE BOARD Each Board member shall be compensated $50 for each administrative hearing they attend. ARTICLE 6 ADMINISTRATIVE HEARING CONDUCT The administrative hearings shall be considered public meetings and shall be conducted in accordance with Robert's Rules of Order. They shall comply with the State of Iowa Open Meetings law. Signed by the board members and the Chief of Police. Page 1 of 1 Page 234 of 300 CITY OF WATERLOO Council Communication Resolution approving ATE (Automated Traffic Enforcement) fine schedule for speeding and red light violations. City Council Meeting: 8/7/2017 Prepared: 7/25/2017 REVIEWERS: Department Reviewer Action Date Police Department Trelka, Daniel Approved 7/25/2017 - 10:41 AM Clerk Office Even, LeAnn Approved 7/31/2017 - 2:22 PM ATTACHMENTS: Description Type o ATE Fine Amounts Cover Memo Submitted by: Submitted By: Daniel J. Trelka, Chief of Police Recommended Action: Approve the resolution. Page 235 of 300 Fine amounts for ATE- 2017 Speeding violations 6-10 miles per hour over the posted speed limit $50 11-15 miles per hour over the posted speed limit $75 16-20 miles per hour over the posted speed limit $100 More than 21 miles per hour over the posted speed limit$200 Red light violations 1st $75 2nd $100 3rd or more... $125 Page 236 of 300 CITY OF WATERLOO Council Communication FY 2018 Sidewalk Repair Assessment Program - Zone 7, Contract No. 931. City Council Meeting: 8/7/2017 Prepared: 7/21/2016 REVIEWERS: Department Reviewer Action Date Engineering Thorson, Eric Approved 8/2/2017 - 10:28 AM Clerk Office Even, LeAnn Approved 8/2/2017 - 2:29 PM Resolution approving preliminary construction of sidewalk improvements. Resolution to fix value of lots. SUBJECT: Resolution to adopt preliminary plat and schedule of assessments and estimate of costs. Resolution of Necessity and setting date of hearing as August 28, 2017. Submitted by: Submitted By: Wayne Castle, PLS, PE, Associate Engineer Transmitted herewith are the proposed schedule of assessments, plats, and Summary Statement: breakdown of project costs on the Fy 2017 Sidewalk Repair Assessment Program - Zone 6, Contract No. 909. Source of Funds: Property Owner Assessments Page 237 of 300 CITY OF WATERLOO Council Communication Motion approving Change Order No. 1 for a decrease in the amount of $8,344.16, to Peters Construction of Waterloo, Iowa, in conjunction with the 2017 Riverfront Stadium Flood Repair Project. City Council Meeting: 8/7/2017 Prepared: 7/31/2017 REVIEWERS: Department Reviewer Action Date Leisure Services Huting, Paul Approved 7/31/2017 - 11:09 AM Clerk Office Even, LeAnn Approved 7/31/2017 - 4:06 PM ATTACHMENTS: Description Type ❑ Change Order No. 1 Backup Material Submitted by: Recommended Action: Expenditure Required: Background Information: Submitted By: Travis Nichols, Facilities/Project Manager Approve Change Order No. 1 for a decrease in the amount of $8,344.16 to Peters Construction of Waterloo, Iowa, in conjunction with the 2017 Riverfront Stadium Flood Repair Project. Original Contract: $179,590.00 Change Order 1: ($8,344.16) Total: $171,245.84 Change Order #1 is a credit for unused general and electrical allowances in contract. Page 238 of 300 CITY OF WATERLOO Council Communication Motion approving Change Order No. 1 for a total increase of $5,500, in conjunction with the Hangar No. 5 Rehabilitation Project at the Waterloo Regional Airport, and authorized the Mayor to execute said document. City Council Meeting: 8/7/2017 Prepared: 8/2/2017 REVIEWERS: Department Reviewer Action Date Airport Kaspari, Keith Approved 8/2/2017 - 10:40 AM Clerk Office Even, LeAnn Approved 8/2/2017 - 12:59 PM ATTACHMENTS: Description Type ❑ AECOM Letter of Recommendation for Change Order Cover Memo No: 1 ❑ Copy of Change Order No: 1 Cover Memo Submitted by: Submitted By: Keith Kaspari, Airport Director Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Approve the above Change Order No: 1 as recommended by Staff. Change Order No: 1 will provide for the replacement of an additional 2,000 square feet of metal roofing panels, reuse the existing gutter system and provide four (4) additional downspouts from the gutter system to help discharge the water from the roof during heavy periods of rain. A total of $5,500. (See attached Change Order document) The above amount will be covered as part of the grant funds (approximately $42,300) that was transferred from FY -2016 to FY -2017. This Change Order will be funded via the Iowa DOT - and their Office of Aviation and the Commercial Service Vertical Infrastructure (CSVI) program. This project complies with the City of Waterloo's Strategic Plan, as follows: Goal No: 3, and Strategy Nos: 3.1, 3.3, 3.4 & 3.5. Goal No: 4, and Strategy Nos: 4.1 & 4.5. No project alternatives are recommended by Staff During construction activities at Hangar No: 5, it was discovered that additional roofing panels were showing signs of rust damage and holes pitting throughout additional roof panels of the overall roofing system requiring replacement of additional panels beyond what was identified in the Page 239 of 300 Background Information: original contract documents. In the opinion of Staff, if we did not replace these panels now via this Change Order - then applied the roof coating material, the rust on the panels would continue to expand and eventually deteriorate the panel requiring future replacement - causing more operating funds to repair. Legal Descriptions: N/A Page 240 of 300 A=COM August 1, 2017 Mr. Keith Kaspari Director of Aviation Waterloo Regional Airport 2790 Livingston Lane Waterloo, IA 50703 SUBJECT: Hangar 5 Rehabilitation 2017 CSVI Program Waterloo Regional Airport Waterloo, Iowa AECOM ID No. 60532584 Dear Mr. Kaspari: AECOM 515 323 7919 tel 500 SW 7th Street 515 244 4803 fax Suite 301 Des Moines, Iowa 50309 www.aecom.com Attached for your review and approval is Change Order #1 on the above referenced project. Change Order #1 is for the replacement of additional metal roof panels that were found after investigation of the Hangar No. 5 roof by Pella Roofing and Insulation. In addition to the replacement of the additional metal panels, Pella Roofing and Insulation provided a value engineering proposal to retain the existing metal gutter system while adding additional open downspouts. We have reviewed the information provided by Pella Roofing and Insulation and recommend approval of this change order. Change Order #1 increases the current contract value of $65,994.99 by $5,550.00 to a contract value of $71,544.99. If you have any questions or require additional information, please feel free to contact our office at your convenience. Yours sincerely, - David B. Hughes, P.E. Enclosure: As noted cc: Mr. Shane Wright, IDOT (w/enclosures) Mr. Doug Schindel, AECOM (w/enclosures) P:\60532584 ALO -FY 2017 Vertical Infral300 Communications\310 Client\KK080117.Itr.doc Page 241 of 300 CHANGE ORDER NO. 1 Owner Waterloo Regional Airport, City of Waterloo, Iowa Date August 1, 2017 Project Hangar 5 Rehabilitation Owner's Contract No. State Contract No. 18516 Contractor Pella Roofing & Insulation, Inc. Date of Contract Start July 17, 2017 You are directed to make the following changes in the Contract Documents. Description: ITEM NO. DESCRIPTION UNIT UNIT PRICE QUANTITY AMOUNT 3 Remove Existing Metal Roofing SFT $ 1.00 2,000 $ 2,000.00 4 Install New Metal Roofing — 24 GA SFT $ 3.00 2,000 $ 6,000.00 101 Reuse Existing Metal Gutter LS $ 2,450.00 (1) ($ 2,450.00) TOTALS $ 5,550.00 Reason for Change Order: Items 3& 4 — During detailed review of the existing metal roof by the contractor it was determined that replacement of additional metal roof panels beyond the contracted amount would be required because of an additional amount of metal panels that were determined to be in need of replacement because of the panel conditions. This change order will allow for an removal and replacement of an additional 2,000 square foot of metal roof panels. Item 101 — The contractor provided a value engineering item to reduce cost of the project. The existing gutter system was reviewed in the field and determined to be in excellent condition. The contractor will remove the existing gutter system, provide sealant material behind the existing gutter, reattach the existing gutter and provide 2 additional open downspouts on each side of the hangar. Hangar #5 Rehabilitation CO -1 Project No — 60532584 1 Page 242 of 300 CONTRACT PRICE Original: Previous C.O.s (ADD): This C.O. (ADD): Contract Price with all approved Change Orders: $ 65,994.99 $ 0.00 $ 5,550.00 $ 71,544.99 CONTRACT TIMES (Calendar Date) Substantial Final completion completion Original: Previous C.O.s (ADD): This C.O. (ADD): REVISED: 09/15/2017 0 0 09/15/2017 It is agreed by the Contractor that this Change Order includes any and all costs associated with or resulting from the change(s) ordered herein, including all impact, delays, and acceleration costs. Other than the dollar amount and time allowance listed above, there shall be no further time or dollar compensation as a result of this Change Order. THIS DOCUMENT SHALL BECOME AN AMENDMENT TO THE CONTRACT AND ALL STIPULATIONS AND COVENANTS OF THE CONTRACT SHALL APPLY HERETO. RECOMMENDED: By: Engineer (Authorized Signature) APPROVED: By: Owner (Authorized Signature) ACCEPTED: By: Contractor (Authorized Signature) Date Date Date Hangar #5 Rehabilitation CO -1 2 Project No — 60532584 Page 243 of 300 CITY OF WATERLOO Council Communication Waterloo Housing Authority Board Minutes of July 17, 2017. City Council Meeting: 8/7/2017 Prepared: 7/18/2017 REVIEWERS: Department Reviewer Action Date Housing Authority Mayer, Sonia Approved 7/19/2017 - 4:22 PM Clerk Office Higby, Nancy Approved 7/27/2017 - 5:44 PM ATTACHMENTS: Description Type ❑ WHA BOARD MINUTES Cover Memo SUBJECT: Submitted by: Waterloo Housing Authority Board Minutes of July 17, 2017. Submitted By: Julie Dawson, Executive Directo Page 244 of 300 WATERLOO HOUSING AUTHORITY, Governing Board Minutes Monday July 17, 2017 at 4:50 PM Harold E. Getty Council Chambers — Waterloo City Hall Members Present: Welper, Morrissey, Jacobs, Lind, Shinstine, Varnold, Powers, Schmitt, Amos, Motioned by Schmitt, seconded by Lind, that the Agenda be approved and to approve the minutes from the May 15, 2017 meeting. Ayes: All Motion Carried. New Business Motioned by Lind, seconded by Amos, to accept bid from Quality Concrete Construction for repair and replacement of front entry sidewalk and curb at Ridgeway Towers with proposed cost of $2,466.00. Ayes: All Motion Carried. Motioned by Lind, seconded by Amos, to approve and accept a 2017 HUD Capital fund grant of $47,086.00. Ayes: All Motion Carried. Motioned by Lind, seconded by Amos, to approve travel request for the FSS Coordinator, Beverly Cosby, to attend the 2017 FSS Coordinators meeting/training in Des Moines, Iowa on September 15, 2017 in the amount of $90.00. Ayes: All Motion Carried Motioned by Schmitt, seconded by Morrissey to approve the request to provide Homebuyer Education classes as it is a pre -requisite for the Housing Choice Voucher Homeownership Program, the Waterloo Housing Authority's Down Payment Assistance Program, and Community Development's Down Payment Assistance Program. Ayes: All Motion Carried Motioned by Schmitt, seconded by Morrissey to the 2017 Section 8 Management Assessment Program Annual Evaluation (SEMAP). Ayes: All Motion Carried Motioned by Schmitt, seconded by Morrissey to place on file the Housing Authority report including the Leasing, HAP, and Administrative Fee Utilization Report. Ayes: All Motion Carried Motioned by Morrissey, seconded by Lind to adjourn the meeting. Ayes: All Motion Carried. SAM Page 245 of 300 CITY OF WATERLOO Council Communication Leisure Services Commission Board Minutes of June 13, 2017. City Council Meeting: 8/7/2017 Prepared: REVIEWERS: Department Reviewer Action Date Leisure Services Huting, Paul Approved 7/20/2017 - 1:26 PM Clerk Office Higby, Nancy Approved 7/27/2017 - 5:44 PM ATTACHMENTS: Description Type ❑ 6/13/2017 Minutes Backup Material SUBJECT: Submitted by: Leisure Services Commission Board Minutes of June 13, 2017. Submitted By: Page 246 of 300 MINUTES WATERLOO LEISURE SERVICES COMMISSION TUESDAY, June 13, 2017 Warren Memorial Golf Course Pro Shop 1000 Fletcher Avenue Megan Hannam called the meeting to order at 7:30am. Present: Marvin Spencer, Megan Hannam, Nancy Bamsey, Don Huff, Brenda Durbahn, Sharon Samec, and Brenton Shavers. Staff: Paul Huting, Todd Derifield, Chris Dolan, JB Bolger, and Travis Nichols, Bill Bachman, and Jerome Amos Absent: Mark Gallagher and Steve Schmitt. Evan Schludecker with the Waterloo Black Hawks was also present. Megan Hannam called for approval of the agenda. Motion to approve agenda by Marvin Spencer, second by Sharon Samec Ayes: All. Nays: None Megan Hannam called for approval of the 05/9/2017 meeting minutes. Motion by Nancy Bamsey, second by Don Huff to approve the minutes. Ayes: All. Nays: None Megan Hannam called for approval of the bills. Questions were answered. Motion by Sharon Samec, second by Don Huff to approve the bills. Ayes: All. Nays: None STAFF UPDATES No committee meetings were held. Young Arena — Chris Dolan Plans are being drawn for the Black Hawks to add sky boxes and to expand the "Cold Zone". This is in early phase. HVAC rooftop units are being replaced. Working on security camera project and regular ice maintenance. Construction — Travis Nichols Crews are running garbage routes. The playground equipment at Highland Park has been installed. Scoreboards at Tibbitts are up and running. Working on the soft trail at Castle Bluff, and working on pool preparations. Forestry — Todd Derifield Working on the May 17th storm clean up, that included 49 tree removals (only one was an ash tree). Catching up with the mowing. Shared information on the expenses related to ash tree removals. Golf and Downtown Area — JB Bolger My Waterloo Days events were held at the Expo Plaza. Getting additional grass carp to deal with the algae on the golf ponds at Warren. Golf crews busy with watering the newly planted trees. Sports and SportsPlex — Mark Gallagher Mark was absent, dealing with HVAC issues at the sportsplex. Updates were provided by Paul — first week at outdoor pools was good. Summer programs are in full swing. Page 247 of 300 The next regular Leisure Services Commission Meeting will be held Tuesday, July 11, 2017 at the 1101 Campbell office. Brenda Durbahn will be absent. Megan Hannam asked for motion to adjourn. Motion by Marvin Spencer to adjourn, second by Nancy Bamsey. Adjourned at 8:25am. Nancy Ba ey, ,Secretary Signed this Date Page 248 of 300 CITY OF WATERLOO Council Communication Airport Board Meeting Minutes of June 27, 2017. City Council Meeting: 8/7/2017 Prepared: 7/25/2017 REVIEWERS: Department Reviewer Action Date Airport Kaspari, Keith Approved 7/25/2017 - 5:29 PM Clerk Office Higby, Nancy Approved 7/27/2017 - 5:39 PM ATTACHMENTS: Description Type ❑ Airport Board Meeting Minutes June 27,2017 Cover Memo SUBJECT: Airport Board Meeting Minutes of June 27, 2017. Submitted by: Submitted By:Keith Kaspari, Director of Aviation Page 249 of 300 MINUTES WATERLOO REGIONAL AIRPORT BOARD Tuesday, June 27, 2017 I. ROLL CALL Chairperson, Hugh Field, called the meeting to order at 12:00 p.m. Board Members Present: Board Members Absent: City Officials Present: City Officials Absent: Airport Staff Present: Other Attendees: Hugh Field, Dee Vandeventer, Bob Justis and Steve Dust. Arlene Humble arrived at 12:08. Aaron Buzza. Councilman Tom Lind. Councilman Steve Schmitt. Keith Kaspari, Airport Director and Sheila Combs, Airport Bookkeeper. Doug Schindel and David Hughes, AECOM. II. AGENDA AS RECEIVED OR AMENDED III. PUBLIC COMMENTS None. IV. REPORTS A. Director's Report: Kaspari asked for questions onhis written report. Field asked about meetings with prospective new Board members. Kaspari detailed his meetings. Discussed Cedar Valley Coalition trip to Washington, DC. Field stated that they had figured out the farm lease language and he had signed the lease earlier in June. Vandeventer asked about the purchase of a drone. Kaspari stated that Mayor had requested we purchase and store the drone for various uses by city departments. Kaspari stated that the Notice of Award for [DOT CSV l Grant work had been done. The Public Hearing for the AJ.P Construction Project was held by the City Council at their June 26, 2017 meeting. B. Planning & Development Report: Board reviewed the Planning and Grant Development report. 1 Page 250 of 300 C. Legislative Updates: Reviewed legislative update from the June 23rd Airport Alert of the American Association of Airport Executives. Kaspari stated that Iowa's Airport Directors are sending letters to Congressman Blum. requesting his support for raising the cap on Passenger Facility Charges and continued support of Airport entitlements and Essential Air Service. The House is considering the FAA Reauthorization Bill today. Letters to Senators Grassley and Ernst will follow before the Senate begins considering the bill on Thursday, June 29th. Vandeventer asked what a Contract Tower is and if that's what we have in Waterloo. Kaspari stated that we have an FAA -staffed Air Traffic Control Tower. A contract tower is staffed by private air traffic controllers. D. Monthly Airport Reports: Board reviewed and discussed airline stats and SkyWest service. Surprisingly, May enplanements were the highest so far in 2017, even though there were many very long delays. Humble stated that delays were bad everywhere due to the amount of stormy weather across the country. Vandeventer moved reports be received and placed on file, seconded by Justis. Ayes: 4. Motion carried. V. BOARD APPROVAL A. Approval of Minutes of May 23, 2017 Regular Meeting. Minutes of the May 23, 2017 meeting were reviewed. Dust moved approval of the minutes, seconded by Vandeventer. Ayes: 4. Motion carried. B. Motion to Receive and File April 2017 Expenses. All operating and capital expenses were reviewed. Moved by Vandeventer, seconded by Justis, that expenses be received and placed on file. Ayes: 4. Motion carried. C. Approval of T -Hangar Lease to Michael Cizek. Vandeventer moved approval of T -Hangar Lease, except that the lease still does not include a required insurance clause. Seconded by Justis. Ayes: 4. Motion carried. VI. OLD BUSINESS A. Update: [DOT CSVI Funding Approval to Use Funds — FY -2017 Hangar No. 5 and. General Aviation Terminal.HVAC. Reviewed bids as received. Staff will be able to complete all work on Hangar 5, as long as IDOT approves the use of remaining funds from. FY16. Will also be able to complete intended HVAC work on GA Terminal Building. Vandeventer moved approval to use IDOT funds to complete these projects, seconded by Humble. Ayes: 4_ Motion carried. VII. NEW BUSINESS A. Trip Report: Cedar Valley Coalition. Washington, DC, June 12 - 14. As previously discussed. 2 Page 251 of 300 B. General Discussion: FAA FY -2017 Taxiway Charlie Rehabilitation, Runway Joint Repair and Airfield Painting. Discussed scope of work covered by project and bids received. FY17 FAA Entitlements will not cover the Base Bid and three (3) bid alternates for Bid Package No: 2. However, FAA has advised that administrative costs (incurred by AECOM) to repackage the work for bid in a future year would not be eligible for reimbursement. FAA asked if the City could cover the excess ($226,230) to complete the work this year, as bid. FAA would approve a reimbursement grant to reimburse the City in FY 18, approximately 90% of the cost would be eligible for FAA reimbursement. FY1.8 work would then have to be reduced by this amount. Michelle Weidner, CFO, has agreed to cover the upfront costs to complete the work during the the 2017 and early 2018 construction season. VIII. STAFF AND BOARD MEMBER COMMENT Field asked about Consultant progress on the Leakage Study. Kaspari stated that it will be completed by June 30th and ready for review at the July meeting. Board and Staff discussed the upcoming EAS bid opportunity and the possibility of getting a bid from American Airlines, in addition to potentially receiving a bid from United Airlines. Kaspari asked Board members to consider what they would ideally like to see: ➢ From American, 3 flights per day to Chicago or 2 per day to Chicago plus 1 per day to Dallas; • United, 3 flights per day to Chicago or 2 per day to Chicago plus I per day to Denver. ➢ Of course, the USDOT would only allow EAS airports two daily or a NTE number of 14 -round trips per week. With June, 2017, being the final meeting of Board Members Bob Justis, Dee Vandeventer and Aaron Buzza, Field thanked them all for their many years of service to the Airport and Airport Board. Kaspari updated the Board that a sales transaction moved forward, for four (4) parcels totaling 13.79 acres, that the FAA approved for release in December of 2016, with the parcels located at the intersection of Wagner Road and Airline Hwy, resulting in sales proceeds to the airport of $209,600 being deposited in an interest bearing account as established by the City's CFO, of which the future use of the funds can only be used by a project as -approved by the FAA. IX. ADJOURNMENT Hearing no objections, Field adjourned the meeting at 1:04 pm. Respectfully submitted, Hugh M ield, Chairperson 3 Page 252 of 300 CITY OF WATERLOO Council Communication Communication from the Waste Management Services Department on the notice of the conclusion of employment for Mark Brandes, CMOM Specialist, effective June 26, 2017 with recommendation of approval of payout of $1,974.06 for unused benefits. City Council Meeting: 8/7/2017 Prepared: REVIEWERS: Department Reviewer Action Date Human Resources Higby, Nancy Approved 7/31/2017 - 9:35 AM Clerk Office Higby, Nancy Approved 7/31/2017 - 9:38 AM ATTACHMENTS: Description Type ❑ Mark Brandes Payout Cover Memo SUBJECT: Communication from the Waste Management Services Depaituent on the notice of the conclusion of employment for Mark Brandes, CMOM Specialist, effective June 26, 2017 with recommendation of approval of payout of $1,974.06 for unused benefits. Submitted by: Submitted By: Page 253 of 300 CITY OF WATERLOO, IOWA To: City Council Members Re: Notice of Severance CITY HALL 715 MULBERRY STREET 50703 Department Waste Management Services Today's Date: 7/6/2017 Effective Date: 6/26/2017 Employment Date: 6/6/1995 Job Title/Classification CMOM Specialist This is to report that the employment of Mark Brandes with the City of Waterloo has been severed by reason of: ❑ Retired Disability Related El No ❑ Yes ❑ Resigned 0 Termination ❑ Other In accordance with City Policy, it is requested to allow payment which consists of the following: Benefits Total Hours (x) Hourly Rate Total Payout Vacation -Accrued 63.6 $ 29.91 $1,902.28 Vacation -Current Usable Sick Leave Frozen Sick Leave Personal Hours Comp Time Pay Unscheduled Leave Birthday 2.4 $ 29.91 $ 71.78 15I 74-a% Comments: Mark began working a 12 hour per week schedule April 1, 2017 so benefits from that point were pro -rated at 30% Approved by Human Resource Date 2 4// -- Date 11 7 Routing: Original to Human Resources by Department Human Resources will forward original to City Clerk (Copy in Personnel File) Clerk's Office will forward copy of approved form to Department and Human Resources Council Agenda Date: ❑ Accruals ❑Status 0-9 Updated 6/28/11 Page 254 of 300 CITY OF WATERLOO Council Communication Communication from the Waste Management Services Department on the notice of the conclusion of employment for Kent Quin, ICT Foreman, effective July 31, 2017 with recommendation of approval of payout of $4,733.68 for unused benefits. City Council Meeting: 8/7/2017 Prepared: REVIEWERS: Department Reviewer Action Date Human Resources Higby, Nancy Approved 7/31/2017 - 9:35 AM Clerk Office Higby, Nancy Approved 7/31/2017 - 9:36 AM ATTACHMENTS: Description Type ❑ Kent Quin Payout Cover Memo SUBJECT: Communication from the Waste Management Services Depaiiment on the notice of the conclusion of employment for Kent Quin, IC T Foreman, effective July 31, 2017 with recommendation of approval of payout of $4,733.68 for unused benefits. Submitted by: Submitted By: Page 255 of 300 CITY OF WATERLOO, IOWA To: City Council Members Re: Notice of Severance CITY HALL 715 MULBERRY STREET 50703 Department Waste Management Services Dept Today's Date: 7/11/2017 Effective Date: 7/31/2017 Employment Date: 4/29/1996 Job TitlelClassification (CT Foreman This is to report that the employment of Kent Quin with the City of Waterloo has been severed by reason of: 0 Retired Disability Related ❑ No ❑ Yes ❑ Resigned ❑ Termination ❑ Other In accordance with City Policy, it is requested to allow payment which consists of the following: Comments: Benefits Total Hours (x) Hourly Rate Total Payout Vacation -Accrued $ - Vacation -Current 150 $ 29.96 $ 4,494.00 Sick Leave ._Usable (x) 25% $ - Frozen Sick Leave (x) 60% $ - Personal Hours aG 8 $ 29.96 $ 239.68 Comp Time Pay $ - Unscheduled Leave $ - Other Pay $ - % w sc 3Q`'d,QU.e Total Payment $ 4,733.68 Approved by Human Resources Routing: Original to Human Resources by Department Human Resources will forward original to City Clerk (Copy in Personnel File) Clerk's Office will forward copy of approved form to Department and Human Resources Council Agenda Date: ❑ Accruals ❑Status ❑-9 Date Date 7Ovi 7/71; Updated 6/28/11 Page 256 of 300 CITY OF WATERLOO Council Communication Communication from the Waterloo Cultural & Arts Department on the notice of the conclusion of employment for Carrie Gleason, Event Coordinator, effective July 5, 2017 with recommendation of approval of payout of $3,157.48 for unused benefits. City Council Meeting: 8/7/2017 Prepared: REVIEWERS: Department Reviewer Action Date Human Resources Higby, Nancy Approved 7/31/2017 - 9:36 AM Clerk Office Higby, Nancy Approved 7/31/2017 - 9:37 AM ATTACHMENTS: Description SUBJECT: Type Communication from the Waterloo Cultural & Arts Department on the notice of the conclusion of employment for Carrie Gleason, Event Coordinator, effective July 5, 2017 with recommendation of approval of payout of $3,157.48 for unused benefits. Submitted by: Submitted By: Page 257 of 300 Pa ,okite /1441/ i7 CITY OF WATERLOO, IOWA To: City Council Members Re: Notice of Severance CITY HALL 715 MULBERRY STREET 50703 Department Waterloo Cultural & Arts Department Today's Date: 7/6/2017 Effective Date: 7/5/2017 Employment Date: 7/15/2014 Job Title/Classification Event Coordinator This is to report that the employment of Carrie Gleason with the City of Waterloo has been severed by reason of: ❑ Retired Disability Related ❑ No ❑ Yes CI Resigned ❑ Termination ❑ Other in accordance with City Policy, it is requested to allow payment which consists of the following: 2018 Accr Vac 2017 Earn Vac FY2017 Sick FY17 Sk payout & & FY18 Per Earn FY2018 Sick Comments: Benefits Total Hours (x) Hourly Rate Total Payout Vacation -Accrued 40 $ 23.83 $ 953.20 Vacation -Current 43 $ 23.83 $ 1,024.69 Usable Sick Leave 0 $ 23.83 (x) 25% $ - Frozen Sick Leave 0 (x) 60% $ - Personal Hours--- 49.5 'r: $ 23.83 $ 1,179.59 (17.5 sk pyout & 32 Pers) 0 $ - Unscheduled Leave 0 $ - Other Pay 0 $ 23.83 (x) 25% $ - Approved by Human Resourc Routing: Original to Human Resources by Department Human Resources will forward original to City Clerk (Copy in Personnel File) Clerk's Office will forward copy of approved form to Department and Human Resources Y b1/4-1-' NA Total Payment $ 3,157.48 r„ . rrCY , \Ci Council Agenda Date: ❑ Accruals ❑Status ❑-9 Date 77/ CO I Date Updated 6/28/11 Page 258 of 300 CITY OF WATERLOO Council Communication Communication from the Waterloo Fire Rescue Department on the notice of the conclusion of employment for Barbara McBride, Medical Supervisor, effective June 30, 2017 with recommendation of approval of payout of $8,399.38 for unused benefits. City Council Meeting: 8/7/2017 Prepared: REVIEWERS: Department Reviewer Action Date Human Resources Higby, Nancy Approved 7/31/2017 - 9:37 AM Clerk Office Higby, Nancy Approved 7/31/2017 - 9:38 AM ATTACHMENTS: Description Type ❑ Barbara McBride Payout Cover Memo SUBJECT: Communication from the Waterloo Fire Rescue Department on the notice of the conclusion of employment for Barbara McBride, Medical Supervisor, effective June 30, 2017 with recommendation of approval of payout of $8,399.38 for unused benefits. Submitted by: Submitted By: Page 259 of 300 CITY OF WATERLOO, IOWA To: City Council Members Re: Notice of Severance CITY HALL 715 MULBERRY STREET 50703 Department Waterloo Fire Rescue Today's Date: Effective Date: Employment Date: Job Title/Classification Medical Supervisor This is to report that the employment of Barbara McBride (10520) with the City of Waterloo has been severed by reason of: 6 -Jul -17 30 -Jun -17 29 -Oct -96 O Retired Disability Related 111 No ❑ Yes ❑ Resigned ❑ Termination ❑ Other In accordance with City Policy, it is requested to allow payment which consists of the following: Comments: Benefits Total Hours (x) Hourly Rate Total Payout Vacation-Aseveerd 141 $ 34.90 $ 4,920.90 Vacation -Curren* 99.17 $ 34.90 $ 3,461.03 Usable Sick Leave (x) 25% Frozen Sick Leave (x) 60% $ - Personal Hours 0.5 $ 34.90 $ 17.45 Comp Time Pay $ - Unscheduled Leave $ - Holiday Total Payment $ 8,399.38 Approved • oth- asimck Human Resour Routing: Original to Human Resources by Department Human Resources will forward original to City Clerk (Copy in Personnel File) Clerk's Office will forward copy of approved form to Department and Human Resources Council Agenda Date: LI Accruals ❑Status ❑-9 Date � -1-2 Date 11601 Updated 6/28/11 Page 260 of 300 CITY OF WATERLOO Council Communication Communication from the Leisure Services Parks Department on the notice of the conclusion of employment for Kurt Welsh, Park Maintenance II Construction, effective July 21, 2017 with recommendation of approval of payout of $6,075.13 for unused benefits. City Council Meeting: 8/7/2017 Prepared: REVIEWERS: Department Reviewer Action Date Human Resources Higby, Nancy Approved 7/31/2017 - 9:41 AM ATTACHMENTS: Description SUBJECT: Type Communication from the Leisure Services Parks Department on the notice of the conclusion of employment for Kurt Welsh, Park Maintenance II Construction, effective July 21, 2017 with recommendation of approval of payout of $6,075.13 for unused benefits. Submitted by: Submitted By: Page 261 of 300 CITY OF WATERLOO, IOWA CITY HALL 715 MULBERRY STREET 50703 Today's Date: 7/21/17 Effective Date: 7/21/17 Employment Date: 9/4/13 To: City Council Members Re: Notice of Severance Department Leisure Services Job Title/Classification Park Maintenance 11 Construction This is to report that the employment of Kurt Welsh with the City of Waterloo has been severed by reason of: ❑ Retired Disability Related ❑ No LI Yes 0 Resigned ❑ Termination LI Other In accordance with City Policy, it is requested to allow payment which consists of the following: Comments: Benefits Total Hours (x) Hourly Rate Total Payout Vacation -Accrued 44 $ 25.80 $ 1,135.20 Vacation -Current 72 $ 25.80 $ 1,857.60 Usable Sick Leave 8 $ 25.80 (x) 25% $ 51.60 Frozen Sick Leave (x) 60% $ - Personal Hours 35.82 $ 25.80 $ 924.16 Comp Time Pay 81.65 $ 25.80 $ 2,106.57 Unscheduled Leave $ - Other Pay $ - Total Payment) $ 6,075.13 Approved by Human Resources . `• Routing: Original to Human Resources by Department Human Resources will forward original to City Clerk (Copy in Personnel File) Clerk's Office will forward copy of approved form to Department and Human Resources Council Agenda Date: ❑ Accruals ❑Status ❑-9 Date ° / — / Date 1 P16\11 Updated 6/28/11 Page 262 of 300 CITY OF WATERLOO Council Communication Communication from the Public Works Department on the notice of the conclusion of employment for Mark Rice, Public Works Director, effective April 7, 2017 with recommendation of approval of payout of $2,307.41 for unused benefits. City Council Meeting: 8/7/2017 Prepared: REVIEWERS: Department Reviewer Action Date Human Resources Higby, Nancy Approved 7/31/2017 - 9:41 AM ATTACHMENTS: Description SUBJECT: Type Communication from the Public Works Department on the notice of the conclusion of employment for Mark Rice, Public Works Director, effective April 7, 2017 with recommendation of approval of payout of $2,307.41 for unused benefits. Submitted by: Submitted By: Page 263 of 300 CITY OF WATERLOO, IOWA CITY HALL 715 MULBERRY STREET 50703 Today's Date: 4/19/2017 Effective Date: 4/7/2017 Employment Date: 2/27/2006 To: City Council Members Re: Notice of Severance Department PUBLIC WORKS Job Title/Classification PUBLIC WORKS DIRECTOR This is to report that the employment of MARK RICE with the City of Waterloo has been severed by reason of: 1 Retired Disability Related 0 No 0 Yes O Resigned ❑ Termination ❑ Other In accordance with City Policy, it is requested to allow payment which consists of the following: Benefits Total Hours (x) Hourly Rate Total Payout [Vacation -Accrued 42,52 MAIM $ 50.69 _ $ 50,69 111.11 $ 2,155.34 $ 1,368.63 $ .. Wootton -Current Usable Sick Leave Frozen Sick Leave MI. (x) 60% M1111111.1 MIIIIIIIIIII Mill11.111 $ 50.69 $ .. $ $ - $ $ (1,216.56) Personal Hours Comp Time Pay Unscheduled leave Other PayMEM Total Payment -t Comments: Overused sick leave by 24 hours due to only earning it for 9 months $ 2,307.41 Approved by Date Human Resource Date /. *2-4111 Routing: Original to Human Resources by Department Human Resources will forward original to City Clerk (Copy in Personnel File) Clerk's Office will forward copy of approved form to Department and Human Resources Council Agenda Date: ❑ Accruals ❑Status 0-9 Updated 5/28/11 Page 264 of 300 CITY OF WATERLOO Council Communication Communication from the Public Works Department on the notice of the conclusion of employment for Shelly Theroith, Clerk, effective March 31, 2017 with recommendation of approval of payout of $1,126.25 for unused benefits. City Council Meeting: 8/7/2017 Prepared: REVIEWERS: Department Reviewer Action Date Human Resources Higby, Nancy Approved 7/31/2017 - 9:42 AM ATTACHMENTS: Description Type o Shelly Theroith Payout Cover Memo SUBJECT: Communication from the Public Works Department on the notice of the conclusion of employment for Shelly Theroith, Clerk, effective March 31, 2017 with recommendation of approval of payout of $1,126.25 for unused benefits. Submitted by: Submitted By: Page 265 of 300 CITY OF WATERLOO, IOWA CITY HALL 715 MULBE=RRY STREET 50703 Today's Date: 4/19/2017 Effective Date: 3/31/2017 Employment Date: 5/18/1987 To: City Council Members Re: Notice of Severance Department PUBLIC WORKS Job Title/Classification CLERK This Is to report that the employment of SHELLY THEROITH with the City of Waterloo has been severed by reason of: El Retired Disability Related 0 No 0 Yes O Resigned O Termination O Other In accordance with City Policy, it Is requested to allow payment which consists of the following: Benefits Total Hours (x) Hourly Rate Total Payout Vacation -Accrued 49,32 $ 20.26 $ 999,22 Vacation -Current . 6.27 $ 20.26 _ $ 127.03 Usable Sick Leave 11111111111111111. MUM $ 20.26 (x) 25% (x) 60% _ MEE MEE $ 486.24 Frozen Sick Leave Persona! Hours Comp Time Pay Unscheduled Leave -24 MEM $ 20.26 UMW $ 409:04) Other Pay Total Payment Comments: *Overused 24 hrs. of sick leave due to only earning it for 9 months `, 11"7ln`L'i ( M4:z ) Approved by Routing: Original to Human Resources by Department Human Resources will forward original to City Clerk (Copy in Personnel File) Clerk's Office will forward copy of approved form to Department and Human Resources Council Agenda Date: 0 Accruals (]Status 0-9 Date 7 Date`— 'i Updcfed 6/29111 Page 266 of 300 CITY OF WATERLOO Council Communication Communication from the Waterloo Fire Rescue Department on the notice of the conclusion of employment for Michael Jenn, Battalion Chief, effective July 15, 2017 with recommendation of approval of payout of $9,357.87 for unused benefits. City Council Meeting: 8/7/2017 Prepared: REVIEWERS: Department Reviewer Action Date Human Resources Higby, Nancy Approved 8/2/2017 - 10:40 AM Clerk Office Higby, Nancy Approved 8/2/2017 - 10:41 AM ATTACHMENTS: Description Type ❑ Michael Jenn Payout Cover Memo SUBJECT: Communication from the Waterloo Fire Rescue Department on the notice of the conclusion of employment for Michael Jenn, Battalion Chief, effective July 15, 2017 with recommendation of approval of payout of $9,357.87 for unused benefits. Submitted by: Submitted By: Page 267 of 300 CITY OF WATERLOO, IOWA To: City Council Members Re: Notice of Severance CITY HALL Department Waterloo Fire Rescue 715 MULBERRY STREET 50703 Today's Date: 7/15/2017 Effective Date: 7/15/2017 Employment Date: 7/21/1986 Job Title/Classification Battalion Chief This is to report that the employment of Michael L. Jenn with the City of Waterloo has been severed by reason of: El Retired Disability Related 2 No ❑ Yes ❑ Resigned ❑ Termination ❑ Other In accordance with City Policy, it is requested to allow payment which consists of the following: Comments: Benefits Total Hours (x) Hourly Rate Total Payout Vacation -Accrued 154.65 $ 35.31 $ 5,460.69 Vacation -Current 72 $ 35.31 $ 2,542.32 Usable Sick Leave 12 $ 34.74 (x) 25% $ 104.22 Frozen Sick Leave (x) 60% $ - Personal Hours 36 $ 34.74 $ 1,250.64 Comp Time Pay $ - Unscheduled Leave $ - Other Pay $ - Total Payment $ 9,357.87 Approved by Human Resourd,es Routing: Original to Human Resources by Department Human Resources will forward original to City Clerk Clerk's Office will forward copy of approved form to Council Agenda Date: ❑ Accruals (Copy in Personnel File) Department and Human Resources • ❑Status ❑-9 Date Date —*I i Updated 6/28/11 Page 268 of 300 CITY OF WATERLOO Council Communication Certified List for the position of Project Specialist for the City of Waterloo, Iowa Community Planning & Development Department - Community Development, as certified by the Civil Service Commission on June 30, 2017. City Council Meeting: 8/7/2017 Prepared: REVIEWERS: Department Reviewer Action Date Human Resources Higby, Nancy Approved 7/31/2017 - 9:39 AM ATTACHMENTS: Description Type SUBJECT: Certified List for the position of Project Specialist for the City of Wates Iowa Community Planning & Development Depaiiment - Community Development, as certified by the Civil Service Commission on June 30, 2017. Submitted by: Submitted By: Page 269 of 300 CITY OF WATERLOO, IOWA HUMAN RESOURCES DEPARTMENT 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4303 Fax (319) 291-4569 June 30, 2017 TO: Honorable Mayor & City Council We, the members of the Civil Service Commission, certify the following list of applicants, who are eligible based upon the examination process as set forth by the Civil Service Commission for appointment to the position of Project Specialist for the City of Waterloo, Iowa Community Planning & Development Department — Community Development. Appointment(s) shall be made from this list for the next year (June 30, 2017 --- June 29, 2018). Respectfully submitted, CERTIFIED LIST Margaret Howard-Heretakis Megan Hoskins Eric Kramer Karen Bass 0 oC/joh7 Ban askins Date ovie ialdwell Date Ethel ashingto Date CS LIST PROJECT SPECIALIST 17 CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 270 of 300 CITY OF WATERLOO Council Communication Certified List for the position of Financial Analyst for the City of Waterloo, Iowa Finance Department, as certified by the Civil Service Commission on June 30, 2017. City Council Meeting: 8/7/2017 Prepared: REVIEWERS: Department Reviewer Action Date Human Resources Higby, Nancy Approved 7/31/2017 - 9:38 AM ATTACHMENTS: Description Type u Civil Service Certified List Financial Analyst Cover Memo SUBJECT: Submitted by: Certified List for the position of Financial Analyst for the City of Waterloo, Iowa Finance Department, as certified by the Civil Service Commission on June 30, 2017. Submitted By: Page 271 of 300 CITY OF WATERLOO, IOWA HUMAN RESOURCES DEPARTMENT 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4303 Fax (319) 291-4569 June 30, 2017 TO: Honorable Mayor & City Council We, the members of the Civil Service Commission, certify the following list of applicants, who are eligible based upon the examination process as set forth by the Civil Service Commission for appointment to the position of Financial Analyst for the City of Waterloo, Iowa Finance Department. Appointuient(s) shall be made from this list for the next year (June 30, 2017 — June 29, 2018). Respectfully submitted, Date CERTIFIED LIST Angela Graves Thomas Loperfido Jennifer Nurre Angela Robinson Kimberly Bahr Lovi- Caldwell Date Ethel Washington Date CS LIST FINANCIAL ANALYST 17 CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 272 of 300 CITY OF WATERLOO Council Communication Certified List for the position of Community Development Coordinator for the City of Waterloo, Iowa Community Planning & Development Department - Community Development, as certified by the Civil Service Commission on June 30, 2017. City Council Meeting: 8/7/2017 Prepared: REVIEWERS: Department Reviewer Action Date Human Resources Higby, Nancy Approved 7/31/2017 - 9:40 AM Clerk Office Higby, Nancy Approved 7/31/2017 - 9:41 AM ATTACHMENTS: Description SUBJECT: Type Certified List for the position of Community Development Coordinator for the City of Waterloo, Iowa Community Planning & Development Depalanent - Community Development, as certified by the Civil Service Commission on June 30, 2017. Submitted by: Submitted By: Page 273 of 300 CITY OF WATERLOO, IOWA HUMAN RESOURCES DEPARTMENT 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4303 Fax (319) 291-4569 June 30, 2017 TO: Honorable Mayor & City Council We, the members of the Civil Service Commission, certify the following list of applicants, who are eligible based upon the examination process as set forth by the Civil Service Commission for appointment to the position of Community Development Coordinator for the City of Waterloo, Iowa Community Planning & Development Depattnient — Community Development. Appointment(s) shall be made from this list for the next year (June 30, 2017 — June 29, 2018). Respectfully submitted, b/j /r1 Date CERTIFIED LIST Angela Fordyce Cinthia Knox Lekeisha Veasley Debra Can Amanda Wheelock Lovie1 aldwell Date CS LIST COMMUNITY DEVELOPMENT COORDINATOR 17 CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 274 of 300 CITY OF WATERLOO Council Communication Certified List for the position of Facilities Maintenance Foreman for the City of Waterloo, Iowa Building Maintenance Department, as certified by the Civil Service Commission on February 14, 2017. City Council Meeting: 8/7/2017 Prepared: REVIEWERS: Department Reviewer Action Date Human Resources Higby, Nancy Approved 7/31/2017 - 9:43 AM ATTACHMENTS: Description Type ❑ Facilities Maint Foreman List Cover Memo SUBJECT: Submitted by: Certified List for the position of Facilities Maintenance Foreman for the City of Waterloo, Iowa Building Maintenance Department, as certified by the Civil Service Commission on February 14, 2017. Submitted By: Page 275 of 300 CITY OF WATERLOO, IOWA HUMAN RESOURCES DEPARTMENT 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4303 Fax (319) 291-4569 February 14, 2017 TO: Honorable Mayor & City Council We, the members of the Civil Service Commission, certify the following list of applicants, who are eligible based upon the examination process as set forth by the Civil Service Commission for the appointment to the position of Facilities Maintenance Foreman for the City of Waterloo, Iowa Building Maintenance Department. This list shall be used to fill any vacancy in the Facilities Maintenance Foreman classification for the next two years (February 14, 2017 — February 13, 2019). CERTIFIED LIST Todd Henrich Edward Abben Respectfully submitted, Lovie aldwell ' Date .479 E el Washigton Date CS LIST FACILITIES MAINTENANCE FOREMAN 17 CITY WEB SITE: wwwcityofwaterIooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 276 of 300 CITY OF WATERLOO, IOWA HUMAN RESOURCES DEPARTMENT 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4303 Fax (319) 291-4569 February 14, 2017 The City of Waterloo Civil Service Laws adopted October 20, 1983, and approved by the Waterloo City Council on November 14, 1983, allow under Chapter IV, Section 2c for the Mayor and the department head to recommend the approval of a promotional eligibility list of less than three individuals. We are recommending the Civil Service Commission certify a promotional list of two for Facilities Maintenance Foreman — Building Maintenance. Quentin Hart, Mayor Noel Anderson Community Planning & Development Director CITY WEB SITE: www.eityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 277 of 300 CITY OF WATERLOO Council Communication Certified List for the position of Police Lieutenant for the City of Waterloo, Iowa Police Department, as certified by the Civil Service Commission on February 14, 2017. City Council Meeting: 8/7/2017 Prepared: REVIEWERS: Department Reviewer Action Date Human Resources Higby, Nancy Approved 7/31/2017 - 9:43 AM ATTACHMENTS: Description Type Certified List for the position of Police Lieutenant for the City of Waterloo, SUBJECT: Iowa Police Department, as certified by the Civil Service Commission on February 14, 2017. Submitted by: Submitted By: Page 278 of 300 CITY OF WATERLOO, IOWA HUMAN RESOURCES DEPARTMENT 715 Mulberry Street Waterloo, IA 50703 • (319) 291-4303 Fax (319) 291-4569 February 14, 2017 TO: Honorable Mayor & City Council We, the members of the Civil Service Commission, certify the following list of applicants, who are eligible based upon the examination process as set forth by the Civil Service Commission for appointment to the position of Police Lieutenant for the City of Waterloo, Iowa Police Department. Appointment(s) shall be made from this list for the next two years (February 14, 2017 — February 13, 2019). CERTIFIED LIST Matthew McGeough Richard Gehrke Steven Bose Kye Richter Augustin Farmer Michael Rasmussen Robert Camarata Robert Greenlee III Brian Hoelscher Robert Duncan The reserve list shall be held in reserve and must be certified within the first year in order to be utilized. Respectfully submitted, Barr j, askin Date RESERVE LIST Shawn Monroe L. 'e Caldwell D 210, Ethel Washing on Date CS LIST POLICE LIEUTENANT 17 ///77 CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOUI An Equal Opportunity/AffirmativeAction Employer Page 279 of 300 CITY OF WATERLOO Council Communication Certified List for the position of Waste Water Systems Maintenance Foreman for the City of Waterloo, Iowa Waste Management Services Department, as certified by the Civil Service Commission on April 7, 2017. City Council Meeting: 8/7/2017 Prepared: REVIEWERS: Department Reviewer Action Date Human Resources Higby, Nancy Approved 7/31/2017 - 9:44 AM ATTACHMENTS: Description Type Certified List for the position of Waste Water Systems Maintenance SUBJECT: Foreman for the City of Waterloo, Iowa Waste Management Services Department, as certified by the Civil Service Commission on April 7, 2017. Submitted by: Submitted By: Page 280 of 300 CITY OF WATERLOO, IOWA HUMAN RESOURCES DEPARTMENT 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4303 Fax (319) 291-4569 April 7, 2017 TO: Honorable Mayor & City Council We, the members of the Civil Service Commission, certify the following list of applicants, who are eligible based upon the examination process as set forth by the Civil Service Commission for appointment to the position of Waste Water Systems Maintenance Foreman for the City of Waterloo, Iowa Waste Management Services Department. Appointment(s) shall be made from this list for the next two years (April 7, 2017 — April 6, 2019). Respectfully submitted, OV/07//7 shins Date CERTIFIED LIST Jesse Gaherty Christopher Pett John Hyman Todd Damro zi.7 Louie Caldwell Date Ethel Washington Date CS LIST WASTE WATER SYSTEMS MAINTENANCE FOREMAN 17 CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 281 of 300 CITY OF WATERLOO Council Communication Design Review Board Minutes of November 30, 2016. City Council Meeting: 8/7/2017 Prepared: REVIEWERS: Department Reviewer Action Date Planning & Zoning Schroeder, Aric Approved 8/2/2017 - 10:34 AM Clerk Office Higby, Nancy Approved 8/2/2017 - 10:40 AM ATTACHMENTS: Description Type ❑ DRB Minutes 11/30/16 Cover Memo SUBJECT: Submitted by: Design Review Board Minutes of November 30, 2016. Submitted By: Page 282 of 300 MINUTES HIGHWAY 218 DESIGN REVIEW BOARD REGULAR MEETING — 4:00 P.M. November 30, 2016 Frank Mollenhoff Conference Room — City Hall Weber called the regular meeting of the Highway 218 Design Review Board to order at 4:00 p.m. in the Frank Mollenhoff Conference Room at City Hall. I. Roll Call The following members were present: Carty, Jordan -Burg, Ottesen, Jaacks, Hannam, and Weber. Member(s) absent: None. Staff in attendance was Anderson and Hyberger. II. Approval of the November 30, 2016 Agenda It was moved by Carty, seconded by Jordon -Berg to approve the agenda as submitted. Motion carried unanimously. I. Approval of the minutes from the November 1, 2016 meeting. It was moved by Jordon -Berg, seconded by Ottesen to approve the minutes from the November, 2016 meeting. Motion carried unanimously IV. Decision Items 1. 1923 E Mitchell Avenue — Installation of Wall Si2n Request to install 67.5 square foot wall sign with black lettering Hyberger gave the staff report noting that staff is recommending approval to allow for the installation of a wall sign that is 67.5 square feet. Hyberger noted that the total wall area of the building is 30' X 18' which equals 540 square feet and the Highway 218 Corridor limits the size of walls signs to no more than 10% of the total wall area. This therefor limits the size of the sign to 54 square feet. So, a waiver is being requested to allow for the sign to be 13.5 square feet more than what is allowed by ordinance in the Highway 218 Corridor. Jaacks asked if the Highway 218 Corridor sign code requirements are too restrictive considering that the "C-2" Commercial District limits the size of walls signs to no more than 15% of the total wall area. Jaacks indicated if the Highway 218 Corridor requirements should be changed to be more in line with what is required by the underlying zoning district. Hyberger indicated that he shall take note when future changes are made to the Highway 218 Corridor requirements in the future. It was moved by Jaacks and seconded by Jordan -Burg to approve the request to allow for installation of 67.5 square foot wall sign with black lettering at 1923 E Mitchell Avenue. Motion carried unanimously. 2. Corner of Jefferson Street and West Mullan Ave. — Grand Crossing 2 Request to build four-story Multi -Family Commercial Building Hyberger gave the staff report noting that staff is recommending approval to allow for the construction of Grand Crossing 2 which is a four-story multi -family commercial building. Hyberger also made it clear that the Design Review Board at this time was not making a decision regarding the parking deficiency. A separate variance is being applied for through the Board of Adjustment regarding the parking issue. The Design Review Board is simply approving the building, its landscaping, and layout. Hyberger also wanted Waterloo.9996.1.DRBMin 11 30 16.docx Page 283 of 300 HIGHWAY 218 DESIGN REVIEW BOARD November 30, 2016 to make it clear that if any changes occur regarding what was submitted, that the agenda item will have to go before the Design Review Board again for approval. Anderson also explained that the Grand Crossing Phases I and II are different, but they plan on building both in a year due to the time limitations involved with the tax credits that were approved regarding the facility. Anderson indicated that Phase III is in the works, but they are working with the Iowa Department of Transportation regarding potential environmental concerns. It was moved by Hannam and seconded by Weber to approve the request to allow for the construction of a four-story Multi -Family Commercial Building at the corner of Jefferson Street and West Mullan Avenue. Motion carried 5 to 0 with Carty abstaining. 3. SW of 109-127 Jefferson Street — Hawkeye Community College Request to build multipurpose educational facility Hyberger gave the staff report recommending approval to allow for the construction of Hawkeye Community College's multipurpose educational facility. Hannam noted that the materials selected for the facility are based upon Hawkeye Community College's past and history in the community Jaacks noted that there will be no parking along Jefferson Street and First Street. Hyberger indicated that was correct. This will allow for greater access to the site for pedestrians and a nearby trail that will connect to the Cedar Valley Sports Complex. It was moved by Hannam and seconded by Jaacks to approve the request to allow for the construction of a multipurpose educational facility southwest of 109-127 Jefferson Street. Motion carried 5 to 0 with Carty abstaining. V. Discussion Items There were no discussion items. VI. Adjournment With no further business to discuss, it was moved by Jordon -Berg, seconded by Jaacks to adjourn the meeting. Motion carried unanimously and the meeting adjourned at 4:30 p.m. Respectfully submitted, Seth Hyberger, Planner I Waterloo.9996.1.DRBMin 11 30 16.docx Page 284 of 300 CITY OF WATERLOO Council Communication Planning and Zoning Minutes of June 6, 2017. City Council Meeting: 8/7/2017 Prepared: REVIEWERS: Department Reviewer Action Date Planning & Zoning Schroeder, Aric Approved 8/2/2017 - 10:35 AM Clerk Office Higby, Nancy Approved 8/2/2017 - 12:21 PM ATTACHMENTS: Description Type ❑ P&Z minutes 6/6/17 Cover Memo SUBJECT: Submitted by: Planning and Zoning Minutes of June 6, 2017. Submitted By: Page 285 of 300 MINUTES CITY OF WATERLOO, IOWA PLANNING, PROGRAMMING AND ZONING COMMISSION REGULAR MEETING - 4:00 P.M. JUNE 6, 2017 The regular meeting of the Waterloo Planning, Programming, and Zoning Commission was called to order by Chairperson Holdiman at 4:00 p.m. in the Harold E. Getty Council Chambers at Waterloo City Hall. Members present were: Castle, Donat, Flynn, Gustafson, Hall, Holdiman and Miehe. Members absent were: Buttgen and Tyson. Others present: Noel Anderson, Aric Schroeder, Chris Western, Tim Andera, Adrienne Miller, John Dornoff and Seth Hyberger - Planning Department, Eric Thorson — Engineering, and ten citizens. I.Approval of the Agenda It was moved by Gustafson, seconded by Miehe to approve the agenda as submitted. Motion carried unanimously. II. Approval of the Minutes from the Regular Meeting on May 2, 2017. It was moved by Miehe, seconded by Donat to approve the minutes as submitted. Motion carried unanimously. III. Financial Report: April 2017 Anderson noted that the report appears to be in line for this time of the year, and the budget is currently at 75% of the fiscal year. The financial report was received and placed on file. IV.Oral Presentations There were no oral presentations. V. Agenda Items A. Hearings — Site Plan Amendments/Rezones 1. Request by Prime RE, LLC for a site plan amendment to the "S-1" Shopping Center District to allow for the construction of a 12,160 SF retail building and 71 stall parking lot, located north of 2060 Crossroads Boulevard. It was moved by Donat and seconded by Gustafson to receive and place on file the statement of verification at 4:03 p.m. Motion carried unanimously and Holdiman declared the hearing open. Andera gave the staff report indicating that staff is recommending approval of the site plan amendment with the condition that the final site plan meets all applicable city codes, including, but not limited to parking, landscaping, drainage, etc., except as specifically altered by approval of the site plan amendment. Donat questioned if there is a concern with a lack of sidewalk in the area. Andera noted that the property line for the parcel in question goes right up to the Crossroads Boulevard curb and there appears to be no room to install a sidewalk on that side of Crossroads Boulevard. Andera also mentioned that there appears to be room on the other side of Crossroads Boulevard to install sidewalk in the future to have more of a complete street appearance. Page 286 of 300 Planning and Zoning Commission June 6, 2017 Hall noted that he is concerned with the lack of designated areas for pedestrians and believes that allowing for new development to occur without pedestrian accommodations will just lead to problems in the future. Schroeder noted that Iowa Northland Regional Council of Governments (INRCOG) is working on a master pedestrian plan for the Metropolitan Planning Organization (MPO) and the Crossroads area will be a more detailed area in the plan to show where existing pedestrian accommodations are and where new pedestrian walks should be constructed or designated. Schroeder also noted that it would appear to be feasible to have sidewalk on the opposite side of Crossroads Boulevard, but tough to get sidewalk on the side abutting the proposed development. Schroeder noted that if sidewalk were required on the property in question, it would interfere with the storm water detention for the site and push the building back and possibly remove needed parking which could reduce the amount of tenants that the building could have. Donat questioned if it necessarily needs to be a sidewalk and be an area that is striped for pedestrians. Flynn noted that the Biolife center near Best Buy was required to put in sidewalk, however, that sidewalk does not connect into any other network, and she was concerned on putting additional requirements on developers. Chris Fischels, 4736 Yellowstone Drive, Waterloo, noted that he was available to answer questions. Hall questioned if a sidewalk is required, would it impact the design? Fischels noted that if a sidewalk is required, it would impact the storm water detention area and it would impact the parking and potential number of tenants, and he would be concerned with a requirement. It was moved by Hall, seconded by Miehe to close the Public Hearing. Motion carried unanimously. The public hearing was closed at 4:22 p.m. Anderson noted that possibly staff could contact the owners of Crossroads to see how areas could be designated for pedestrian uses. It was moved by Miehe, seconded by Donat to approve the site plan amendment request, with the condition that the final site plan meets all applicable city codes, including, but not limited to parking, landscaping, drainage, etc., except as specifically altered by approval of the site plan amendment. Motion carried unanimously. 2. Request by AMS Energy Ventures, Inc for a site plan amendment to the "S-1" Shopping Center District to allow for the construction of a retail gas station with an above ground tank, located north 2060 Crossroads Boulevard. It was moved by Flynn and seconded by Hall to receive and place on file the statement of verification at 4:25 p.m. Motion carried unanimously and Holdiman declared the hearing open. Hyberger gave the staff report, noting that staff is recommending approval of the site plan amendment with the condition that the final site plan meets all applicable city codes, including, but not limited to parking, landscaping, drainage, etc., except as specifically altered by approval of the site plan amendment. Donat questioned if there were any concerns with having an above ground tank. Hyberger indicated that is something the applicant can address. Anderson noted that there would be bollards placed around the tank, which is required by the Fire Code, and it will be a double walled tank in case of a leak. Gustafson noted that she is concerned that there is no requirement to buffer or screen the tank from other development in the area and she would like it to be aesthetically pleasing. Hyberger noted that due to the tank being placed in the middle of a parking lot, it makes it difficult to plant vegetation to screen it. Gustafson noted that it does not necessarily need to be vegetation; rather it could be fencing to screen the -2- Page 287 of 300 Planning and Zoning Commission June 6, 2017 tank. Schroeder noted that the Zoning Ordinance in this case does not require a buffer, however, the Commission could add a condition that there is some sort of buffer or screening of the use. Hall questioned if the applicant is open to other design elements. Hyberger indicated that they are. Castle questioned if there is a square footage requirement for landscaping. Schroeder noted that there is a provision in the Zoning Ordinance that requires landscaping based on square footage and the Commission could require landscaping if desired. Ethan Henderson, 2028 Altoona Avenue, Eau Claire, Wisconsin, handed out a book that detailed the proposed project and indicated that typical gas stations are declining in number. Henderson noted that the tank would be a certified fire resistant tank, and mentioned that the gas at the site would be cheaper than other gas stations. Henderson also indicated that there would be no cash sales at the site and everything would be paid through debit or credit card. Donat questioned if the attendant would have a bathroom. Henderson noted that they would be using the bathroom at the Sears Auto Center to the southeast, and that they would have a key for it when it is closed. Holdiman questioned if the tank is bullet resistant. Henderson noted that it is and it is put through many rigorous tests. Hall questioned if this is the first of its kind in Iowa. Henderson noted that there is other above ground tanks in Iowa, but mentioned this would be the first U -Fuel site in Iowa. Hall commented that the location of the tank seems odd and out of place. Henderson noted that they would be leasing the land from the mall and the tank can be easily removed if needed. It was moved by Hall, seconded by Miehe to close the Public Hearing. Motion carried unanimously. The public hearing was closed at 5:01 p.m. Gustafson noted that she could not support the request with it being located in this particular location. Hall and Donat also noted that they shared the same concerns as Gustafson. Holdiman noted that he is concerned with aesthetics. Flynn questioned if the Commission is approving a site plan. Anderson noted that the Commission is reviewing a site plan amendment and approval would approve the site plan. Miehe questioned if the use would generate property taxes. Miller noted that it would and it would be considered a building on leased land as the company would not actually be purchasing the property from the mall. It was moved by Gustafson, seconded by Hall to deny the site plan amendment request. The motion carried 4-3 with Castle, Flynn and Miehe voting against. 3. Request by Kwik Trip, Inc. for a site plan amendment to the "M -2,P" Planned Industrial District to allow for the construction of a biodiesel blending facility, located directly west of 2010 West Ridgeway Avenue. It was moved by Gustafson and seconded by Hall to receive and place on file the statement of verification at 5:06 p.m. Motion carried unanimously and Holdiman declared the hearing open. Miller gave the staff report, noting that staff is recommending approval of the site plan amendment request with the condition that the final site plan meets all applicable city codes, including, but not limited to parking, landscaping, drainage, etc., except as specifically altered by approval of the site plan amendment. Donat questioned if the Commission reviewed a similar request in the past. Miller indicated that the Commission reviewed this same request further to the south along Highway 63, however, that was denied by the City Council. -3 Page 288 of 300 Planning and Zoning Commission June 6, 2017 Wade Dumond, Kwik Trip, Inc., La Crosse, Wisconsin, noted that they proposed a blending station about two miles to the south from this location along Highway 63. Dumond also indicated that this is a blending facility and not a refinery. Dumond also noted that they would be raising the building and tanks at least 1' above the 100 -year floodplain, as required by the Zoning Ordinance. Miehe questioned if the facility will have retail sales. Dumond noted that there would be no retail sales from the location. Dumond also noted that with initially four tanks, there will be approximately ten trucks per day and at a full buildout of eight tanks, there will be approximately 20 trucks per day. It was moved by Flynn, seconded by Hall to close the Public Hearing. Motion carried unanimously. The public hearing was closed at 5:20 p.m. It was moved by Gustafson, seconded by Hall to approve the site plan amendment request, with the condition that the final site plan meets all applicable city codes, including, but not limited to parking, landscaping, drainage, etc., except as specifically altered by approval of the site plan amendment. Motion carried unanimously. 4. Request by Rick Young to rezone 1.705 acres from "A-1" Agricultural District to "C -P" Planned Commercial District, located at 4404 Ansborough Avenue, just south of the interchange of Highway 20 and Ansborough Avenue It was moved by Donat and seconded by Miehe to receive and place on file the statement of verification at 5:21 p.m. Motion carried unanimously and Holdiman declared the hearing open. Western gave the staff report, noting that staff is recommending approval of the rezoning request with the conditions that 1) the structure is removed after ten years or when adjoining parcel is redeveloped, whichever occurs first, and 2) that a variance is obtained to be below the two acre minimum parcel size for the "C -P" Planned Commercial District. Rick Young, 3849 Trent Lane, Waterloo, noted that the house on the property is in bad shape and needs to be torn down. Young indicated that he has removed the liquid propane tank and uses the accessory building for agricultural purposes. Schroeder noted that to be an agricultural building, it would need to be on 35 acres or more. Gustafson questioned if the Board of Adjustment would approve the variance and would this be setting precedence. Schroeder noted that he believes this would not be setting precedence as staff is looking at this as future use of the land and foresee it as being used for commercial purposes due to the adjacent interchange of Highway 20 and Ansborough Avenue. Young questioned if he would have a different tax rate if it is rezoned to commercial. Schroeder noted that the assessor looks at the use of the property and not the zoning. It was moved by Hall, seconded by Miehe to close the Public Hearing. Motion carried unanimously. The public hearing was closed at 5:36p.m. It was moved by Miehe, seconded by Hall to approve the rezoning request, with the conditions that 1) the structure is removed after ten years or when adjoining parcel is redeveloped, whichever occurs first, and 2) that a variance is obtained to be below the two acre minimum parcel size for the "C -P" Planned Commercial District. Motion carried unanimously. Miehe left at 5:38 p.m. -4 Page 289 of 300 Planning and Zoning Commission June 6, 2017 B. Vacates 1. Request Reg Drew Investments, LLC to vacate a portion of Fairview Avenue, and the alleys located in Campbell's Addition, located adjacent to 139 Clark Street. Dornoff gave the staff report, noting that staff is recommending approval of the vacate request with the condition that an easement is retained for drainage and utility purposes over vacated Fairview Avenue. Craig Lindsey, 1913 Upton Avenue, Waterloo, indicated that he was acceptable of retaining the easement over vacated Fairview Avenue and would possibly like to vacate Clark Street in the future. Schroeder noted that there is an interest by the City to extend Clark Street eastward to connect to David Street. Lindsey noted that the property owner to the southeast is not interested in having Clark Street go through. Schroeder noted that if Clark Street is extended, it would provide a second access to the area, as trains sometime block the railroad tracks along Grandview Avenue. It was moved by Hall, seconded by Donat to approve the vacate request, with the condition that an easement is retained for drainage and utility purpose over vacated Fairview Avenue. Motion carried unanimously C. Encroachment Agreements 1. Request by Craig Penrose for an encroachment agreement to allow for a portable shed to extend 5' into a utility easement, located at 1125 Englewood Avenue Western gave the staff report, noting that staff is recommending approval of the encroachment agreement with the condition that there be a signed and executed encroachment agreement. There were no questions or comments over the request. It was moved by Castle, seconded by Flynn to approve the encroachment agreement request, with the condition that there be a signed and executed encroachment agreement. Motion carried unanimously D. Ordinance Amendments 1. Amendment to the Zoning Ordinance governing Hobby Farms. Schroeder noted that the request was before the Commission last month and there was a special meeting on May 16, 2017 to discuss Hobby Farms. Schroeder noted that after those meetings, the special permit process has been added back into the amendment. Schroeder noted that an Urban Animal Hobby Farm (UAHF), excluding beekeeping, shall be required to be approved by a Special Permit by the Board of Adjustment (BOA) after recommendation of the Commission, except when the UAHF owner submits to the Planning Department a consent petition which indicates approval of the UAHF signed by 100 percent of the abutting property owners to the UAHF property , and signed by 60 percent of the property owners within 250 radial feet of the UAHF property, in which, Planning Staff shall have the authority to determine if a petition meets these requirements. Donat noted that he agreed with the proposed changes, but thought that registration and licensing was going to be added in. Schroeder noted that staff was opposed to having licensing and registration due to staffing numbers and constraints tracking such. Holdiman noted that having the special permit process will assist in knowing where UAHF are. Flynn questioned how does an applicant demonstrate the UAHF will not be a nuisance, and what constitutes a nuisance. Schroeder noted that it would be up to the BOA if they feel it is a nuisance. Donat noted that animal noises could be a nuisance and Castle mentioned that if the property is not kept up can be a nuisance. Castle noted that she saw it as an issue that having 100 percent of the property approve the request but go -5- Page 290 of 300 Planning and Zoning Commission June 6, 2017 to their neighbor and one is not interested in having a UAHF next to them, as this could take away from their opportunity at having a UAHF. Schroeder noted that he initially proposed 90 percent, but a typical property owner has three to five abutting property owners, so any percentage above 75% is effectively going to require 100%. Hall noted that there may be situations where an applicant cannot make contact with abutting property owners who may be out of state. Gustafson questioned if the BOA is aware they would be hearing these special permit requests. Schroeder noted that the BOA already reviews these special permits as required by the current regulations. Schroeder noted that he gave the BOA an update regarding the proposed changes to the Zoning Ordinance at their last meeting. Hall noted that he had reservations of going through a special permit, which he feels keeps the city from being more open to sustainability measures. Hall noted that there should be some basic allowance for a UAHF, and the special permit leaves everything up to interpretation. Holdiman noted that the special permit gives abutting property owners a say. Hall questioned if when an applicant brings in a form with all signatures, will it be photocopied. Schroeder noted that has not yet been determined. Castle questioned if she received the 100 percent of abutting property owners, but next year, one of the neighbors move, questioning what happens if the new owner objects. Schroeder noted that once it is approved, it is approved, and they would be allowed to keep the animals. Rick Westphal, 2232 Avon Avenue, noted that he sent a letter regarding the situation next to his house where a neighbor has over 30 sheep. Westphal also indicated that Commissioner Buttgen came out and visited his property to see the farm animals next door. Westphal noted that the odor is overwhelming and would like to see that the UAHF provisions at hand get passed so it can proceed to City Council. Flynn questioned if the neighbor next to Mr. Westphal is not grandfathered in. Schroeder noted that it is not grandfathered, and the proposed regulationwill apply to all existing properties that have farm animals. It was moved by Hall, seconded by Castle to approve the ordinance amendment request governing Hobby Farms. Motion carried unanimously. Gustafson left at 6:29 p.m. E. Plans and Studies 1. 2018-2022 Capital Improvements Program. Andera noted that staff is recommending that the Commission receive and place on file the five year Capital Improvements Plan. Donat questioned what exactly is the Commission supposed to be aware of when placing it on file. Schroeder noted it is written into the code and the plan needs to be presented to the Planning and Zoning Commission to review various bonded projects. It was moved by Hall, seconded by Donat to receive and place on file the 2018-2022 Capital Improvements Program.. Motion carried unanimously. VI. Discussion Items Donat questioned if the July meeting is being moved from July 4, 2017 to July 11, 2017. Schroeder noted that the July meeting will be held on the 11th VII. Adjournment It was moved by Hall, seconded by Donat, to adjourn the meeting at 6:33 p.m. Motion carried unanimously. -6 Page 291 of 300 Planning and Zoning Commission June 6, 2017 Respectfully submitted, Tim Andera, Planner II -7 Page 292 of 300 CITY OF WATERLOO Council Communication Historic Preservation Minutes of June 20, 2017. City Council Meeting: 8/7/2017 Prepared: REVIEWERS: Department Reviewer Action Date Planning & Zoning Schroeder, Aric Approved 8/2/2017 - 10:34 AM Clerk Office Higby, Nancy Approved 8/2/2017 - 11:27 AM ATTACHMENTS: Description Type ❑ HP minutes 6/20/17 Cover Memo SUBJECT: Historic Preservation Minutes of June 20, 2017. Submitted by: Submitted By: Page 293 of 300 WATERLOO HISTORIC PRESERVATION COMMISSION REGULAR MEETING — June 20, 2017— 4:30 P.M. First Floor Conference Room, City Hall Ottesen called the regular meeting of the City of Waterloo Historic Preservation Commission meeting to order at 4:32 p.m. Commission Members in attendance were: Ottesen, Jenson, Miller and Price. Commission Member(s) absent were: Orlando, Stevens and Jaacks. Others Present: Pat Morrissey — City Council Representative, Ed Gallagher — Grout Museum, and John Dornoff — Planning Staff Approval of Agenda Motion made by Jenson, seconded by Price to approve the agenda of the June 20, 2017 regular meeting. Motion carried unanimously. Approval of Minutes Motion made by Jenson seconded by Price to approve the minutes of the May 16, 2017 regular meeting. Motion carried unanimously. Hearings No Hearings Reports 1. Main Street Main Street has their traditional summer events going on. They Main Street committee has done a couple of sign reviews and has talked about sprucing up the deck hockey area. 2. Silos and Smokestacks. No Report from Silos and Smokestacks. In the last meeting there was concern about Silos and Smokestacks due to possible funding cuts but Dornoff noted that Candy Streed was at the Preservation Iowa conference although he did not get a chance to introduce himself to her so at the present time 3. Grout Museum The Grout board has been discussing the fixing up of the houses that are part of the museum and that a subgroup is responsible for maintaining the buildings. Julie Zell contacted Morrissey about fixing the porch on one of their historic properties. Ottesen went over the difference between locally designated and federally designated. If using federal -1- Page 294 of 300 funds or if it is locally designated it needs to come to the commission for an opinion. Morrissey was given the Federal standards and the city design guidelines by Dornoff and will take them to the Grout board meeting tomorrow. Grout looking to use more strict standards than federal to get fix the deck. Ottesen noted that it should be replaced with like materials. 4. Rath Administration Update The city is exploring taking the building back however this is the first time the city has had to do a reversion to this extent so it will most likely take some time although it was noted that there is a group interested in the building and have done several similar projects around the Midwest. Code Enforcement is also working on getting the building secure again. Discussion Items/Possible Actin Items 1. Walnut neighborhood RFP Dornoff reported that the RFP went out on May 3151, and they are due on July 6th, with a contracted to be awarded by August 15th Ottesen asked who would be assessing the RFP's to which Dornoff responded that it has not been determined at this time. It was requested that a member of the commission be on that committee. 2. Preservation Iowa Summit Dornoff and Stevens attended the Preservation Iowa Summit although it Dornoff was not sure if Stevens attended any sessions besides the one she was a speaker at. Dornoff attended a tour of the Warden Blocks in Ft. Dodge which is a large former Hotel that is being turned into apat linents. A new plant is opening in Fort Dodge and it currently has a shortage of housing units. It was noted that this hotel has sever Asbestos issues similar to St. Mary's school which shows with the right developer things can happen. It was also noted that the building is largely made of concrete much like the Rath building which means it held up better than if it was made of other materials. 3. National Association of Preservation Commission July 18-22"d, 2018 Dornoff said that there would be no Preservation Iowa summit next year because the National Association of Preservation Commissions will be having their every other year convention in Des Moines in 2018. All were encouraged to put it on their calendars. 4. Most Endangered Buildings 2017 Jenson has completed his portion of the Most Endangered list but the other part still needs to get down which includes the Dunsmore House, 516 and 521 Pine, 408 Saxon, and the Walnut Baptist Church. Price and Miller will split those properties and get those completed so that Dornoff can send them to Tim Jamison at the Courier and have put an announcement on the city's new Facebook page. Morrissey noted that the Dunsmore has been brought up in the last 3 building meetings and it was suggested that the Historic Preservation Commission take it on as a project and search for funding that way. It was asked if the building could be moved but thought is that because of the type of construction the building would crumble if you tried to move it. It was also noted that the Dunsmore house is in an area that is considered blighted and that could help with finding funding for restoration and updating. In addition the building sits right off of US Highway 63 which would help in it attracting visitors to the building. -2- Page 295 of 300 There was discussion of it being used by the African-American museum but nothing came of that. There was discussion on what the commission could do with the property. Does the Grout have any artifacts or information about the building? Would they have funding to help with the project? Dornoff will research examples of a historic commission taking over responsibility for a building like the Dunsmore House. 5. Highland District Dornoff noted that he had discussions with the building department and at the present time the permitting system is not flagging properties that are in the Highland Historic District thereby it is possible that permits could be issued in that area without the Certificate of Appropriateness from the commission. However, Jennifer Sparks the permit writer went through the permits and did not see any permits issued that recently except for the one project that was previously approved by the commission. Dornoff has given Sparks a map of the district in order for her to flag permits for the area. The commission's new member that represents the Highland district R. Miller mentioned some of the issues currently facing the district including crime and a large number of homes for sale in the area. R. Miller will talk to the neighborhood association and Dornoff noted that he could attend the meetings to discuss the commission. 6. Most Endangered Buildings List 2018 Dornoff noted that while the commission is finishing up the 2017 list, the members could start thinking about buildings to nominate for the 2018 list so that it is ready for the 2018 Awards Banquet and to be announced publicly. 7. City Owned Properties/Demo List Ottesen discussed that every month there is a meeting about dilapidated housing and that many of these buildings end up getting torn down and are in possible historic districts. The city now owns 809-811 E 4th Street which is in the Walnut Neighborhood although it was not known if it would fall under the Walnut demolition moratorium. In addition the city is actively pursuing St. Mary's school and church and wants to demo them. The city will also be demoing the Castle Apartments, 120 Center Street, the church at 2nd and Wellington, 613 W 7th Street, and an apartment building at 1100 Grant in the coming year. 8. Funding Dornoff noted that Michelle Weidner the Chief Financial Officer for the city had been going through previous minutes and noted that the commission had a presentation from the Community Foundation. Since the commission is part of the city any grant funding that the commission receives the city has to account for. 9. Survev/Website/Facebook Dornoff said that the city now has a Facebook page but needs to go through Wendy Bowman to be posted to the site. Dornoff will also find out who the commission needs to go through to get its portion of the website up and running. -3- Page 296 of 300 Adjournment Ottesen adjourned the meeting at 5:45 p.m. Respectfully submitted, John Dornoff Planner I -4- Page 297 of 300 CITY OF WATERLOO Council Communication Waterloo Water Works Board of Trustees Meeting minutes of July 21, 2017 on file in the Waterloo City Clerk's office. City Council Meeting: 8/7/2017 Prepared: 8/1/2017 REVIEWERS: Department Reviewer Action Date Water Works Mahler, Matt Approved 8/1/2017 - 11:50 AM Clerk Office Higby, Nancy Approved 8/1/2017 - 12:43 PM ATTACHMENTS: Description Type ❑ LEGAL NOTICE FOR MINUTES -JULY 2017 Cover Memo SUBJECT: Submitted by: Waterloo Water Works Board of Trustees Meeting minutes of July 21, 2017 on file in the Waterloo City Clerk's office. Submitted By:Matt Mahler. General Manager Page 298 of 300 Board of Water Works Trustees held their regular meeting on Friday, July 21, 2017, with Terry Kuntz, Chairman; Mary Potter, Vice -Chair; and Scott Wienands, Trustee, present. Also in attendance: Tom Lind, Waterloo City Council Member; Rick Wilberding, Distribution Department Manager; and Matthew L. Mahler, General Manager and Secretary. The Board approved to adopt: the agenda; the minutes of the regular meeting of June 28, 2017; the Monthly Financial Report; the Monthly Revenue and Expense Summary; a resolution to authorize purchase of Cyber Liability Insurance Policy and authorize the General Manager to execute documents and payment of premium; a motion to receive and place on file the Proof of Publication of the Notice of Public Hearing for the Progress Avenue Water Main Replacement: Acorn Lane to Cadillac Drive Project; to open the public hearing; to declare the hearing closed with no written or oral objections; a resolution to confirm approval of bid documents, plans, specifications, etc., and to proceed with the project; a resolution to receive and place on file the bids as opened on July 20, 2017; a resolution to award the Progress Avenue Water Main Replacement Project to Morris Enterprises, Inc., of Clutier, Iowa, as being the lowest and best bid and to authorize the General Manager to execute the contract documents; a resolution to authorize solicitation of bids to conduct Annual Audit Reports for calendar years 2017, 2018 and 2019; a motion to set the date of Public Hearing as the August Water Works Board of Trustees Meeting to set the 2018 water rates including a possible water rate increase; and to set the date of the next regular Board meeting as Wednesday, August 16, 2017 at 8:00 a.m. Payment of the following bills: Aable Pest Control ABM Janitorial Acco Unlimited Advanced Systems AECOM Al Gordon Plumbing & Heating Allen Memorial Hospital Alliance Benefit Group Aramark Uniform Aspro AW WA Benton's Ready Mixed Concrete Benton's Sand & Gravel BerganKDV Bill Colwell Ford Black Hawk County Auditor Black Hawk Waste Disposal BMC Aggregates BRB Lawn and Snow Campbell Supply CDW Government Cedar Valley Sportsplex Cedar Valley United Way CenturyLink Charles Schwab Institutional City of Raymond City of Waterloo CliftonLarsonAllen LLP Conkling, Jason Courier Communications Crossroads Auto Repair D&J Oil Dell Marketing Dex Media East Ferguson Enterprises Frickson Bros. Excavating Services Services Supplies Services Services Repairs Services Services Services Supplies Membership Dues Supplies Supplies Consulting Services Vehicle Water & Sewer Fees Services Supplies Services Supplies Supplies Payroll Deduction Payroll Deduction Services Pension Sewer, Garbage & Yard Waste Sewer, Garbage & Storm Water Audit Reimbursement Legal Ad Services Supplies Supplies Services Supplies Repairs 24.25 2,083.00 4,047.80 387.31 16,534.38 2,400.00 640.00 55.00 271.48 1,074.60 448.00 181.50 774.71 180.00 19,310.00 2,164.64 104.00 3,373.74 1,582.50 264.27 45.38 244.96 97.50 211.40 46,154.31 19,890.62 884,908.00 3,000.00 240.00 72.85 251.50 1,744.52 660.00 97.63 576.03 10,930.00 Page 299 of 300 Gierke -Robinson Goodyear Commercial Tire Gronen, Jim Hoffman & Hoffman Trenching Hogan & Hansen Iowa Dept. of Natural Resources Iowa Municipalities Workers' Compensation Association Iowa One Call IPERS K & R Consulting Group Kerns, Steve Keystone Lab KW Electric Kwik Trip Larson, Travis McDonald Supply Menards MidAmerican Energy Napa Auto Parts Nutri-Ject Systems Payroll Postmaster PPG Architectural Finishes Professional Office Services Public Employees Credit Union R Company Radio Communications Rapids Reproductions Ray Mount Wrecker Refunds Rochester Armored Car Scot's Supply Sensus Metering Systems Snyder & Associates Staples Advantage State of Iowa Treasurer Storey Kenworthy Sun Life Financial Swisher & Cohrt Teamsters Local Union #238 The Sled Shed Treasurer, State of Iowa U.S. Cellular United Parcel Service US Dept. of Treasurer USABIueBook Utility Equipment Van Meter Inc. Van Wert, Inc. Voya Financial Waterloo Water Works Wellmark Blue Cross Blue Shield Wilberding, Rick Supplies Services Reimbursement Supplies Services Operator Fees Insurance Services Pension Consulting Services Reimbursement Testing Services Fuel Reimbursement Supplies Supplies Gas, Power & Electric Supplies Services Postage Supplies Services Payroll Deduction Repairs Services Supplies Services Services Supplies Supplies Services Supplies Sales Tax Supplies Insurance Legal Services Payroll Deduction Supplies State Tax Services Services Federal Tax Supplies Supplies Supplies Services Payroll Deduction Reimbursement Insurance Reimbursement 938.20 243.45 107.00 305.10 479.40 120.00 9,915.00 859.50 14,361.23 70.00 50.00 1,329.20 70.00 3,147.02 88.39 867.80 434.35 25,743.00 19.04 85.00 107,549.21 1,391.00 1,505.46 17,489.48 9,262.00 730.00 126.00 44.06 150.00 6,663.49 234.76 253.40 10,684.80 1,712.57 187.07 30,459.00 1,347.77 15,030.59 259.00 1,049.00 895.85 8,289.00 42.12 49.73 48,575.50 310.01 9,028.18 27.84 5,736.50 7,904.00 9,253.73 114,545.76 50.00 WATERLOO WATER WORKS ATTEST: $1,495,095.44 Secretary Page 300 of 300