HomeMy WebLinkAboutCouncil Packet - 8/14/2017THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA,
REGULAR SESSION TO BE HELD AT
THE HAROLD E. GETTY COUNCIL CHAMBERS
Monday, August 14, 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 205
Roll Call.
Prayer or Moment of Silence
Pledge of Allegiance
Daniel Trelka, Chief of Police
Agenda, as proposed or amended.
Minutes of August 7, 2017, Regular Session, as proposed.
Proclamation declaring August 18 and 19, 2017, as Krajiski Teferic Days
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.
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. Request of Grout Museum District to hold the 11th annual Sullivan Brothers
Memorial 5/10 K Race on October 21, 2017 from 8:00 a.m. to Noon, commencing
and concluding in the area of Park Avenue and Jefferson Street, with the route
primarily on the Cedar Valley Lakes and South Riverside Trails.
Submitted By: Joe Leibold, Captain
3. Request from Main Street Waterloo and the Waterloo Community School District
to hold the 19th Annual Mayor's Fun Run Event on September 19, 2017 from 9:30
a.m. to 12:00 noon at the Expo Grounds and downtown Streets.
Submitted By: Joe Leibold, Captain of Police Services
4. Request of Iowa Department of Transportation, District 2 Office for a variance to
the noise ordinance for the period of August 14, 2017 to December 31, 2017 for
24 hours per day along US Hwy. 63 from Franklin Street to Newell Street, in
conjunction with the construction of DOT project NHSX-063-6(75)--3H.
Submitted By: Joe Leibold, Captain of Police Services
5. Resolution approving preliminary plans, specifications, bid documents, etc. and
setting date of bid opening as August 31, 2017 and the date of the public hearing
Page 2 of 205
as September 5, 2017 for the No. 6 Digester Roof Rehabilitation Project
Waterloo, Iowa, City Contract No. 939, and instruct City Clerk to publish notice.
Submitted By: Steven Hoambrecker, Director, Waste Management Services
6. Resolution approving preliminary specifications, form of contract, etc. and setting
date of bid opening as of September 7, 2017 and date of public hearing as of
September 11, 2017 for furnishing the City of Waterloo Public Works Facility with
Janitorial Services, and instruct City Clerk to publish said notice.
Submitted By: Sandie Greco, Interim Public Works Director
7. Resolution approving preliminary specifications, form of contract etc., and setting
date of bid opening as August 31, 2017 and date of public hearing as September
5, 2017, for the purchase of one (1) Ford F250 Crew Cab truck for Waterloo Fire
Rescue, and instruct City Clerk to publish notice.
Submitted By: Pat Treloar, Fire Chief
8. Resolution setting date of public hearing as August 28, 2017 to approve sale and
conveyance of City owned property located at 200 West 4th Street (Convention
Center), to LK Holdings Waterloo, LLC for $1.00, including an Amendment to
Development Agreement to correct the legal description, and instruct City Clerk to
publish notice.
Submitted By: Noel Anderson, Community Planning & Development Director
9. Resolution setting date of public hearing as August 28, 2017 to approve a
Business Property Lease Agreement with Crystal Distribution Services, Inc. for
property located at 70-90 Sycamore Street for $1 annually until December 31,
2022, and instruct City Clerk to publish notice.
Submitted By: Noel Anderson, Community Planning and Development Director
10. Resolution setting date of public hearing as August 28, 2017 to approve an
amendment to the City of Waterloo Zoning Ordinance No. 5079 to update multiple
sections regarding regulations for hobby farms and farm animals, and other
miscellaneous updates, and instruct City Clerk to publish notice.
Submitted By: Aric Schroeder, City Planner
B. Motion to approve the following:
1. TRAVEL REQUESTS
a. Rudy Jones, Matt Chesmore, and Anita Merfeld, Community
Development
Class/Meeting: 2017 OLHCHH New Grantee Orientation
Destination: Washington, D.C.
Dates: 09/18-22/2017 Amount not to exceed: $5,500.00
b. Pat Treloar, Fire Chief and three additional firefighters
Class/Meeting: Tri-State Emergency Responder Conference
Destination: Dubuque, Iowa
Dates: 10/21/2017 Amount not to exceed: $406.00
c. Officer Ehlers
Class/Meeting: USPCA Narcotics Detection Certification
Destination: Algona, Iowa
Dates: 08/10/2017 Amount not to exceed: $140.00
Page 3 of 205
d. Steve Hoambrecker, Director WMS, Brian Rath, Treatment
Operations Supervisor, Brian Bowman, Treatment Operations
Foreman
Class/Meeting: Water Environmental Federation's Technical Exhibition and
Conference - Technical Exhibition
Destination: Chicago, IL
Dates: 10/3-4/2017 Amount not to exceed: $880.00
e. Mayor Hart
Class/Meeting: Iowa League of Cities Annual Conference
Destination: Davenport, IA
Dates: 9/27/2017 to Amount not to exceed: $975.00
9/29/2017
2. LIQUOR LICENSES
a. Narey's 19th Hole, 2073 Logan Ave.
Class: C Liquor License
Renewal Application Does not include Sunday
Expiration Date: 08/22/2018
b. Chilitos Mexican Bar and Grill, 441 E. Tower Park Dr.
Class: C Liquor/Outdoor Service
New Application Includes Sunday
Expiration Date: 08/07/2018
3. APPOINTMENTS
a. John Chiles
Board/Commission: Community Development Board
Expiration Date: 8/7/2020
New Appointment
PUBLIC HEARINGS
2. FY16 Waterloo Pollution Control Facilities Upgrade to Instrumentation and
Controls systems, Contract No. 929
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 confirming approval of plans, specifications, form of contract, etc.
Resolution authorizing to proceed.
Motion to receive, file and instruct the City Clerk to read bids.
Resolution approving award of contract to Automatic Systems Co. of Ames, Iowa in the
amount of $652,000, and approving the contract, bonds, and certificate of insurance for
the FY 2016 Waterloo Pollution Control Facilities Upgrade to Instrumentation and
Controls Systems, Contract No. 929, and authorize Mayor and City Clerk to execute
said documents.
Submitted By: Steven Hoambrecker, Director, Waste Management Services
3. FY 2018 Brock 2nd Addition Sanitary Sewer Extension, Contract No. 932.
Page 4of205
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 confirming approval of plans, specifications, form of contract, etc.
Resolution authorizing to proceed.
Motion to receive and file and instruct City Clerk to read bids and refer to City Engineer
for review.
Submitted By: Jamie Knutson, Associate Engineer
4. FY 2018 ADA Bus Stops - Phase I, Contract No. 937.
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 confirming approval of plans, specifications, form of contract, etc.
Resolution authorizing to proceed.
Motion to receive and file and instruct City Clerk to read bids and refer to City Engineer
for review.
Submitted By: Wayne Castle, PLS, PE, Associate Engineer
RESOLUTIONS
5. Resolution approving Young Arena Lease and Use Agreement with Waterloo Black
Hawks Hockey, LLC, and authorizing Mayor and City Clerk to execute said agreement.
Submitted By: Paul Huting, Leisure Services Director
6. Resolution approving the bonds and certificates of insurance with Aspro, Inc. of
Waterloo, Iowa, for the Pavement Joint Repair Project on Runway 12/30 and Airfield
Painting Improvements Project on Runways 12/30 & 18/36, and Adjacent Eligible
Taxiways and Apron Parking Aprons at Waterloo Regional Airport in the amount of
$575,859.35, and authorize the Mayor and City Clerk to execute said documents.
Submitted By: Keith Kaspari, Airport Director
7. Resolution approving the bonds and certificates of insurance with Croell, Inc. of New
Hampton, Iowa, for the Taxiway Charlie Pavement Reconstruction Project at Waterloo
Regional Airport in the amount of $2,128,833.19 and authorize the Mayor and City
Clerk to execute said documents.
Submitted By: Keith Kaspari, Airport Director
8. Resolution approving a consultant contract with Shive-Hattery, Inc. of Cedar Rapids,
Iowa for downtown traffic signal retiming, in the amount of $193,445, and authorize
Mayor and City Clerk to execute said documents.
Submitted By: Sandie Greco, Interim Public Works Director
9. Resolution approving Right of Entry Agreement with Peterson Contractors
Incorporated, to utilize portions of City owned property in conjunction with the
construction of a new Highway 63 overpass over the Chicago Central Railroad near
Virden Creek, and authorize the Mayor to execute said document.
Submitted By: Noel Anderson, Community Planning and Development Director
Page 5 of 205
10. Resolution approving the Business Financial Assistance Application for tax credits
through the Iowa Economic Development Authority, with a local match commitment
through TIF incentives for the expansion of Crystal Distribution Services, Inc., located
at 1656 Sycamore Street, and authorize the Mayor and City Clerk to execute any
necessary documents.
Submitted By: Noel Anderson, Community Planning & Development Director
11. Resolution approving a Development Agreement and Minimum Assessment Agreement
with Crystal Distribution Services, Inc. for the construction of a $5,500,000 addition to
their existing building with a tax rebate amount of 85% for a term of ten years, one
additional year at 20% tax rebate and an economic Development Grant of $640,000,
and authorize Mayor and City Clerk to execute said agreement.
Submitted By: Noel Anderson, Commuity Planning and Development Director
12. Resolution approving authorization to apply for a traffic safety grant to Iowa DOT, in
the amount of $484,200, for the Ridgeway Avenue 4 -Lane to 3 -Lane conversion from
Bellaire Road (west of Kimball Avenue) to US 63.
Submitted By:Sandie Greco, Interim Public Works Director
ORDINANCES
13. 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, consider and pass for the second time an ordinance 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 third time and adopt said ordinance.
Submitted By: Noel Anderson, Community Planning & Development Director
14. Amendment to Traffic Code Section 551; Parking Prohibited At All Times;
Subsection (371) Sixth Street (W).
Motion to receive, file, consider and pass for the first time an Ordinance amending the
2008 Traffic Code by deleting Subsection (371) Sixth Street (W) of Section 551,
Parking Prohibited At All Times, and inserting in lieu thereof a new Subsection (371)
Sixth Street (W), to Section 551, Parking Prohibited At All Times.
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
ADJOURNMENT
Motion to adjourn.
Kelley Felchle
City Clerk
Page 6of205
MEETINGS
4:45 p.m. Council Work Session, Harold E. Getty Council Chambers
5:05 p.m. Boards and Commissions, Harold E. Getty Council Chambers
5:10 p.m. Finance Committee, Harold E. Getty Council Chambers
Page 7 of 205
CITY OF WATERLOO
Council Communication
Minutes ofAugust 7, 2017, Regular Session, as proposed.
City Council Meeting: 8/14/2017
Prepared:
REVIEWERS:
Department Reviewer Action Date
Water Works Felchle, Kelley Approved 8/10/2017 - 12:05 PM
ATTACHMENTS:
Description Type
D Minutes ofAugust 7, 2017, Regular Session. Backup Material
Page 8 of 205
August 7, 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, August 7, 2017. Mayor Quentin Hart in the Chair. Roll Call: Jacobs,
Morrissey, Powers, Lind, Amos, Schmitt, and Welper.
Prayer or Moment of Silence: Justin Kane, Grace Lutheran Church.
Pledge of Allegiance: Noel Anderson, Community Planning & Development Director.
145761 - Welper/Schmitt
that the Agenda, as amended, amending Item No. 1.A.6. by changing street closure times and adding
closure of alleys with access to 4th Street, and amending Item No. 17 by changing the location from
Baltimore Street to Vermont Street, for the Regular Session on Monday, August 7, 2017, at 5:30
p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried.
145762 - Welper/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, July 24, 2017, at 5:30 p.m., be
accepted and approved. Voice vote -Ayes: Seven. Motion carried.
Mayor Hart read a Proclamation declaring August 13 - 19, 2017, as National Health Center Week.
ORAL PRESENTATIONS
Joyce Wilder, 226 Bates, explained that she has experienced sewer backups at her home in 2009 and
again in 2017 and each time was told by the city it is her problem. She also explained this has
happened to two other individuals in her neighborhood and that the street in her neighborhood is in
poor shape. She explained she wants an explanation for why her claim was denied and how the city
plans to fix the infrastructure.
Chad Shipman, Iowa Irish Fest, explained Irish Fest concluded this weekend and they had over
1,500 unique volunteers. He recognized and thanked the following for helping with Irish Fest:
SportsPlex for their help with the Rugby Tournament, Pat Treloar and the Fire Department, Public
Works Sanitation Department, Eric Thorson with Engineering, BHC Health, BHC Sheriff, Cedar
Falls, Hudson, Aaron McClelland with the Waterloo Police Department for helping plan event
security, JB Bolger of Leisure Services, the Boys and Girls Club, and the East High Future Trojans
Wrestling Club.
Mayor and Council Monthly Reports
Mr. Lind questioned if the financial documents regarding the sale and development of the
Convention Center were available to the Council members.
Mayor Hart commented they have received and reviewed financial documents from the developer,
who has requested remain private, and a franchise commitment letter.
Mr. Schmitt commented he had a conversation with a developer about the former central garage and
the developer recommended holding an auction to help with and expediting the sale.
Mr. Morrissey commented that residents of Ward 3 have brought up a quiet zones survey and that
will be happening on August 24, 2017. He explained the pavement striping for Park Avenue has
been completed and public information meetings will be coming up soon to help educate the public.
He further commented he has helped with the language on the new Hobby Farm Ordinance and feels
as though progress has been made to improve the ordinance.
Mr. Jacobs commented his youth group helped clean up after Irish Fest and he was impressed with
how organized the event was and that it was a great event.
Mr. Powers complemented the organizers of Irish Fest. He commented he has attended several
community events which were also very organized and well attended. He further commented that
the due diligence of the staff in responding to citizen requests in his Ward has been impressive.
Page 9 of 205
August 7, 2017 Page 2
Mr. Morrissey thanked the Neighborhood Associations for their efforts in organizing National Night
Out.
Mayor Hart made comments regarding Irish Fest, Waterloo Homecoming, and National Night Out
events, and thanked the organizers for their efforts. Mayor Hart announced there will be a ribbon
cutting ceremony for the Park Avenue corridor, August 17, 2017.
145763 - Welper/Schmitt
that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion
carried.
CONSENT AGENDA
145764 - 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 August 7, 2017, in
the amount of $1,469,579.36 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. 2017-604.
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.
Resolution adopted and upon approval by Mayor assigned No. 2017-605.
3. Resolution approving 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,
Cretline Avenue, Fairlane Avenue, Park Lane and Friendship Lane.
Resolution adopted and upon approval by Mayor assigned No. 2017-606.
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 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.
Resolution adopted and upon approval by Mayor assigned No. 2017-607.
5. Resolution approving 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.
Resolution adopted and upon approval by Mayor assigned No. 2017-608.
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.
Resolution adopted and upon approval by Mayor assigned No. 2017-609.
Page 10 of 205
August 7, 2017 Page 3
7. Resolution approving 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.
Resolution adopted and upon approval by Mayor assigned No. 2017-610.
8. Resolution approving 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.
Resolution adopted and upon approval by Mayor assigned No. 2017-611.
9. Resolution approving 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.
Resolution adopted and upon approval by Mayor assigned No. 2017-612.
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.
Resolution adopted and upon approval by Mayor assigned No. 2017-613.
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.
Resolution adopted and upon approval by Mayor assigned No. 2017-614.
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.
Resolution adopted and upon approval by Mayor assigned No. 2017-615.
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 Clerk to publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2016-616.
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.
Resolution adopted and upon approval by Mayor assigned No. 2016-617.
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.
Resolution adopted and upon approval by Mayor assigned No. 2016-618.
b. Motion to approve the following:
Page 11 of 205
August 7, 2017 Page 4
1.
a.
b.
c.
d.
2.
a.
b.
c.
e.
e.
f.
g.
h.
i.
Travel Requests
Name & Title of
Class
New or
Renewal
Expiration
Date
Amount
Personnel
Class/Meeting
Destination
Date(s)
not to
Exceed
Investigator Gergen
and Officer Erie
TASER
Instructor Re-
certification
Oelwein, IA
11/3/2017
$480
Brenda's Park Road Inn, 306
Park Road
School
N
7/31/2018
x
Bob Lentzkow,
International
Coralville,
8/23/2017
$199
Combination Inspector
Residential
IA
or
x
Kwik Stop 3, 1104
Washington Street
Code
R
8/29/2017
x
Neighborhood Mart, 2100
Lafayette Street
Residential
R
7/31/2018
x
New Star, 1459 Ansborough
Avenue
Building
R
6/2/2018
x
Southtown Lounge, 2026
Bopp Street
Inspector Exam
R
6/7/2018
x
Investigators Stratton
and Hageman
Advance Crime
Scene School
Raymond,
IA
9/18-
22/2017
$600
Jason Hernandez,
ESO User Group
St. Louis, MO
9/25-
$855
Interim Medical
Meeting
27/2017
Officer and Pat
Treloar, Fire Chief
Approved Beer, Liquor, and Wine Applications
Name & Address of
Business
Class
New or
Renewal
Expiration
Date
Includes
Sunday
Applebee's, 2780 Crossroads
Blvd.
C Liquor
R
6/23/2018
x
BJ's Bar and Billiards, 110
Ida Street
C Liquor
w/Outdoor Service
R
7/29/2018
x
Brenda's Park Road Inn, 306
Park Road
C Liquor
w/Outdoor Service
N
7/31/2018
x
Bryan's on 4th, 320 E. 4th
Street
C Liquor
w/Outdoor
Service/Catering
R
7/14/2018
x
Casey's Pub & Eatery, 1125
W. Donald Street
C Liquor
w/Outdoor Service
R
7/31/2018
x
Kwik Stop 3, 1104
Washington Street
B Wine / C Beer / E
Liquor
R
7/14/2018
x
Neighborhood Mart, 2100
Lafayette Street
B Wine / C Beer / E
Liquor
R
7/31/2018
x
New Star, 1459 Ansborough
Avenue
B Native Wine / C
Beer / E Liquor
R
6/2/2018
x
Southtown Lounge, 2026
Bopp Street
C Liquor
w/Outdoor Service
R
6/7/2018
x
3. Mayor Hart's recommendation of the following appointments:
Appointee
Board/Commission
Expiration Date
New or Re -
Appointment
Virginia Wilber
Planning, Programming
and Zoning
8/7/2020
N
4. Recommendation of appointment of Margaret Howard-Heretakis to the position of Project
Specialist for the Community Development Department effective August 8, 2017.
4. Motion to approve Application for Vehicle for Hire Business License for All Star Taxi, 1038
Riehl Street, Apt. 3, Waterloo.
4. Motion to approve Cigarette/Tobacco/Nicotine/Vapor Permit Application for Jim's Food, 437
Sullivan Avenue, Waterloo.
Page 12 of 205
August 7, 2017 Page 5
4. Motion to approve Cigarette/Tobacco/Nicotine/Vapor Permit Application for United Mart Inc.,
dba West Side Liquor, 919 W. 5th Street, Waterloo.
5. Bonds.
Roll call vote -Ayes: Seven. Motion carried.
PUBLIC HEARINGS
145765 - Schmitt/Powers
that proof of publication of notice of public hearing on 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, as published in the Waterloo Courier on July 28,
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.
145766 - Schmitt/Morrissey
that the hearing be closed and oral and written comments and recommendation of approval of the
Planning, Programming and Zoning Commission, be received and placed on file. Voice vote -Ayes:
Seven. Motion carried.
145767 - Schmitt/Amos
that "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", be received, placed on file, considered and passed for the first
time. Roll call vote -Ayes: Seven. Motion carried.
145768 - Schmitt/Morrissey
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote -Ayes: Five. Nays: Two (Schmitt and Jacobs). Motion failed.
Mayor Hart questioned the timeliness of the project.
Noel Anderson, Community Planning and Development Director, explained that construction plans
are not yet set.
145769 - Lind/Schmitt
that proof of publication of notice of public hearing on Sale and conveyance of city owned property
generally located northwest of 1318 Martin Road, in the amount of $1.00, to Cardinal Construction,
Inc., as published in the Waterloo Courier on July 24, 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.
145770 - Lind/Schmitt
that the hearing be closed and oral and written comments be received and placed on file. Voice
vote -Ayes: Seven. Motion carried.
145771 - Lind/Schmitt
that "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
Page 13 of 205
August 7, 2017 Page 6
and City Clerk to execute said documents", be adopted. Roll -call vote -Ayes: Seven. Motion
carried.
Mayor Hart requested an overview of the sale and conveyance.
Noel Anderson provided an overview of the project.
Mr. Jacobs commented staff has done a great job of planning the project and setting the city up for
positive future development.
Mr. Lind thanked Noel Anderson for having a Work Session prior to the council meeting and
explained the incentives for the development agreement.
Mr. Powers questioned if the project will come back to council once Cardinal Construction's
engineers have reviewed the plans for handling flooding in the area.
Noel Anderson explained this action would not come back but other projects in the area would come
back.
Mayor Hart questioned staff signing off on storm water detention.
Mr. Lind questioned if the sewer easement would come back before the council.
Noel Anderson explained the staff would need to follow all zoning codes as with any standard
project.
Resolution adopted and upon approval by Mayor assigned No. 2017-619.
145772 - Lind/Schmitt
that "Resolution approving a Development Agreement with Cardinal Construction, Inc., and
authorizing the 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. 2017-620.
145773 - Amos/Schmitt
that proof of publication of notice of public hearing on 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., as published in the Waterloo Courier on July 28 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.
Mayor Hart commented that the developers have asked to do a presentation of the project.
Rodney Anderson, Central Property Holdings, LLC, provided an overview of the proposal to build a
grocery store and restaurant at 205 Franklin Street.
Atif Bostic, Uplift Solutions, explained that they are a national non-profit that works in 40 states
with 100% success rate working to rehabilitate grocery stores and super markets. A retail feasibility
study has been conducted for the site, which determined that it is a viable location for a supermarket.
He further explained they have worked with the city to develop the site plan for the location and
believe this can be a successful project.
Dan Levi, Levi Architecture, provided an overview of the site plans for the project. He explained
the project would bring 60-80 new jobs, provide development of downtown Waterloo, and bring new
energy to the neighborhood. They will also be partnering with JSA Development, Habitat for
Humanity, Walnut Neighborhood, and Waterloo Community Development on the project.
Community meetings will be held as well to ensure the neighborhood is on board with the project.
Mayor Hart stepped out at 6:28 p.m.
Page 14 of 205
August 7, 2017 Page 7
Noel Anderson provided an overview of the responsibilities of the developer and city for the
development agreement, including tax rebates, grants, and acquisition of property.
Mayor Hart returned at 6:31 p.m.
Rodney Anderson explained planning for the project has taken over a year. He commented he
received an architectural drawing from an architect that he has never met and emphasized that he has
partnered on the project with Levi Architecture from the beginning He explained that they have
invested time and money into planning the site and that they have met with House of Hope and that
they are a big partner in the project.
Ivan Valtchev, 527 East Park Avenue, commented that he supports the grocery store, his family
chose to live in Walnut Neighborhood, that he has 15 years of experience working in architecture,
and that these plans are not the views of the company he works for. He commented that he believes
that the development would be better fitted for the San Martian area and provided an overview of his
proposed changes to the site plan. The proposal included keeping the House of Hope and rotating
the building 90 degrees, which would increase parking stalls to 141 and increase site lines of the
building from other roads.
Eric Johnson, 929 Crabapple Lane and attorney for developer, explained the developer has changed
the site plan to accommodate neighborhood requests. He further explained a site plan exists and
CVS would not approve the plan because it blocks the site lines of their building.
Ed Otteson, Chairman of Historic Preservation Commission, explained the Commission's concerns
regarding the demolition of the House of Hope as that may affect consideration for historic
neighborhood status on the national registry.
Patrice Ambrose, 1215 Parker Street Cedar Falls, expressed support for the project and explained
that the east side of Waterloo needs this project.
Michael Mohamad, 531 Commercial Street, expressed support for the project and explained that it
will be a positive investment for a community that needs business activity.
Mary Robinson, 321 Normandy, expressed support for the project and explained the project will
bring back a sense of community to the neighborhood after businesses have moved out and
appreciated that the developers sat down with the residents to see their needs from the development.
Neil Hartman, owner of 4th Street Gym, commented that Mr. Valchev is not against the developer,
that he is proposing a different design and considering the money the city is investing in the project
it's good to look at all options.
Debra Carr, 916 Ash Street, commented she saw a development take place in Des Moines where a
feasibility study was not conducted and the project was not as successful. This project has taken
time to engage in cooperative economics, which examines the potential for the project long term and
takes a holistic approach to planning a development and is in support of the project and the
developers.
Mayor Hart stepped out at 7:07 p.m. and returned at 7:07 p.m.
Latonya Graves, 607 E. Donald Street, explained Mr. Valtchev's proposal would create additional
traffic congestion on Walnut Street.
Leon Mosley, 99 Mosley Street, commented on the restrictions placed on Waterloo's black
community, in this area, in the past, the changes against those restrictions and his support of the
project and development in the community.
Joyce Wilder, 226 Bates Street, spoke in support of the project and explained that the location will
benefit the elderly residents of the Walnut Court Apartments.
Laura Hoy, 335 Almond Street, spoke in support of the project and Uplift Solutions. She thanked
the City for meeting with the citizens of this community and considering their input.
Page 15 of 205
August 7, 2017 Page 8
Dr. Johnson, 1610 Columbia Street, expressed support for the project and building hope in the
community.
Joe Robinson, Boston, Massachusetts, recommended placing a monument in the location of House
of Hope to commemorate the positive impact it has had on the community.
Cassie Fenacle, 1427 Lyon, commented that she had moved to Waterloo on a temporary basis to take
a new job and decided to stay in the community and live on the east side and open an ice cream
store. She spoke in support of revitalizing the downtown community and the project.
Helen Seenster, 4040 Homer Street, commented she owns a business on the east side, can remember
when the east side was full of businesses, and that the project is needed in the community.
Forrest Dillavou, 1725 Huntington Road, commented this is a wonderful project as proposed and
that 50% of the money from the incentives should be placed in the general fund.
Willie Mae Wright, 327 Almond, encouraged council to approve the development.
Willie Campbell, 433 Hope Street, expressed support for the developer and the project.
Todd Claytor, San Francisco, California, explained he is a property owner in Waterloo and
expressed his support for the project moving forward to revitalize the community.
Wendell Speller, 919 E. Donald, commented he has opened a business on the east side and
appreciates that this project is on the east side which will help to support his investment in the
community.
Charles Pierson, 1750 Flower Street, commented a 20th Century African American Civil Rights grant
exists through the State Historical Society to help rehabilitate buildings in the community.
145774 - Morrissey/Amos
to take a five minute recess at 7:43 p.m. Voice vote -Ayes: Seven. Motion carried.
145775 - Schmitt/Morrissey
to resume at 7:48 p.m. Voice vote -Ayes: Seven. Motion carried.
Chuck Rowe, 159 Graceline, Boys and Girls Club, explained the project supports the teachings of
the Boys and Girls Club by providing healthy food and employment opportunities.
Karen Rowe, 159 Graceline and House of Hope, explained that the House of Hope is not just a
building it is a support system and that the project will support the futures of the families served by
the House of Hope and the residents of the Walnut area.
Debra Berry, 208 Greenbryer Road, commented Rodney Anderson is a person with character and
dignity who cares about what he is doing with the community and should be supported. She further
commented the 80 jobs the project will provide is especially important.
David Dreyer, 3145 W. 4th Street, expressed concerns regarding progression of rezoning, site plan
amendment and sale of property near the intersection of Franklin and East 2nd Streets in relation to
the sale of this property and the project.
Dan Levi, Levi Architecture, Iowa, commented on the shortfalls of the proposed alternate plan and
moving forward on the plan as proposed and approved by the Planning and Zoning Commission.
Atik Bostic, Uplift Solutions, commented All In Grocers is the appropriate name for the store and
that the project is about the entire community not a particular race or ethnicity. He further
commented on the support of the community for the project.
Page 16 of 205
August 7, 2017 Page 9
145776 - Amos/Schmitt
that the hearing be closed and oral comments be received and placed on file. Voice vote -Ayes:
Seven. Motion carried.
145777 - Amos/Schmitt
that "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", be adopted. Roll -call vote -Ayes:
Seven. Motion carried.
Mr. Lind questioned the portion of property the city owns.
Noel Anderson commented the city owns alley portions near the project and as part of the
development agreement the city would be authorized to sell the property once acquired.
Mr. Lind requested clarification on the city investment in the property.
Noel Anderson explained the financial investments in the property for the city and developer.
Mr. Lind clarified the Assessor only taxes the structure and property.
Mr. Jacobs questioned the proposed wages for jobs at the store.
Rodney Anderson commented the wages would start at $10.00/ hour and general managers and
managers would earn more.
Mr. Jacobs commented the council has not heard about the project and would like to know about
large projects in the future.
Mayor Hart explained council members are invited to the Economic Development meetings but the
meetings have been poorly attended. He stated that he takes full responsibility for communications
on this project.
Mr. Morrissey commented that it would have been good to have more time to review the project but
he is in support of the project. He further commented he hopes this will not interfere with bike
access to Park Avenue. He also asked that the Mayor and Interim Public Works Director reduce the
speed on Franklin Ave. to assist patrons entering and exiting the business safely.
Mr. Schmitt commented the project should have been held as a work session prior to this so that all
parties could meet and talk.
Noel Anderson explained the developer held meetings with community members and offered his
office as a meeting location.
Mr. Powers commented this is a great project that the community is wanting and thanked Rodney
Anderson for his investment in Waterloo and his faith in the community.
Mr. Amos commented he had an opportunity to talk to Mr. Anderson, he understands the
community, and that this will be a great project. He further commented this project needs to happen
soon.
Mr. Welper thanked Mr. Anderson for his investment in Waterloo.
Mayor Hart expressed his appreciation for the passion of the community for the success of this
project and asked that everyone use this passion to continue to build the community and expand this
success into other communities.
Resolution adopted and upon approval by Mayor assigned No. 2017-621.
145778 - Amos/Schmitt
Page 17 of 205
August 7, 2017 Page 10
that "Resolution approving a Development Agreement with Central Holdings, LLC, 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. 2017-622.
145779 - Morrissey/Powers
that proof of publication of notice of public hearing on Osage Road and Dubuque Road Traffic
Safety Improvements Project - CS -TSF -8155(745)--85-07, as published in the Waterloo Courier on
July 24, 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.
145780 - Morrissey/Powers
that the hearing be closed and oral and written comments be received and placed on file. Voice
vote -Ayes: Seven. Motion carried.
145781 - Morrissey/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. 2017-623.
145782 - Morrissey/Powers
that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-624.
145783 - Morrissey/Amos
Motion to receive and file and instruct City Clerk to read bids.
Engineer's Estimate: $180,000
Bidder
Bid Security
Bid Amount
K&W Electric Inc.
Cedar Falls, IA
5%
$185,000
Voice vote -Ayes: Seven. Motion carried.
145784 - Morrissey/Amos
that "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", be adopted. Roll -call vote -Ayes: Seven.
Motion carried.
Mr. Welper announced the public hearing on Site Service for processing curbside recycling, is
cancelled due to lack of bids.
Mr. Welper announced the public hearing on solid waste containers and disposal of recycling, is
cancelled due to lack of bids.
Mr. Morrissey questioned procedures when no bids are received.
Sandie Greco , Interim Public Works Director, explained the bid will be let again, which the council
authorized by consent resolution setting a new public hearing date and bid opening.
Resolution adopted and upon approval by Mayor assigned No. 2017-625.
Page 18 of 205
August 7, 2017 Page 11
RESOLUTIONS
145785 - Amos/Morrissey
that "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", be adopted. Roll call vote -Ayes: Seven. Motion
carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-626.
145786 - Amos/Morrissey
that "Resolution approving a lease agreement with C & S Car Company for a 2018 Hyundai Santa
Fe, VIN 145XYZUDLB7JG512284, 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", be adopted. Roll call
vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-627.
145787 - Amos/Morrissey
that "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", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-628.
145788 - Schmitt/Powers
that "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", be adopted. Roll call
vote -Ayes: Five. Nays: Two (Morrissey and Schmitt). Motion carried.
Mr. Schmitt questioned if the council is locked into portions of the contract with respect to lighting,
bike trails, and round -a -bouts.
Eric Thorson, City Engineer, explained he could review the Engineering Department's
recommendations, but would like to have this approved to proceed with the preliminary design in
order to received bids shortly after the first of the year to get the lowest quotes.
Mr. Schmitt questioned if roundabouts are feasible in the project.
Eric Thorson explained the plans do not include round -a -bouts as the foot print does not allow space
for them.
Mr. Morrissey questioned what weight this decision would carry.
Eric Thorson explained this vote would move the project forward.
Mr. Morrissey questioned if members of council do not agree with the plan then they should vote no
as he does not support the speed limit as proposed.
Eric Thorson explained frontage roads do not allow access so their recommendation would be to
keep the 45 mph speed limit.
Mr. Schmitt questioned the meeting schedule.
Eric Thorson explained a public input meeting was held, another will be held on the preliminary
design and then a public hearing will be held for bidding the project.
Page 19 of 205
August 7, 2017 Page 12
Mayor Hart explained there would be other opportunities for people to participate or comment, prior
to the project being finalized.
Eric Thorson commented input would be allowed, but at this point they were asking that the council
allow them to proceed with the project as proposed to try to meet the schedule that would allow the
best bid prices, and that there has been ample opportunity for input on the project over the last six
months.
Mayor Hart questioned if during that schedule the council could make changes.
Eric Thorson explained minor changes could be made, but if the council were considering round -a-
bouts, this would be the time to change the plans. He commented their recommendation was the
signalized plan.
Mayor Hart questioned the current plans.
Eric Thorson explained the Technical Memorandum spelled out the plans and the recommendations
of the Engineering Department and the motion would allow the council to approve those
recommendations.
Mr. Schmitt questioned if it would be feasible to wait one week or so to further review the project.
Eric Thorson explained the bidding process and time limitations for the consultants.
Doug Schindel, AECOM, explained they would like to move forward with the project as there are
further plans to draw based on the Technical Memorandum. He stated a one-week delay would not
make a large impact on the schedule but it is important to continue to move forward to meet the time
schedule.
Mayor Hart explained the council has indicated they would like an additional work session.
Mr. Morrissey commented he would like a work session with public input to allow members of the
public to have an opportunity to speak.
Mr. Schmitt questioned the cost at intersections mentioned, when they were given that information,
and if more detailed information would be available at another meeting, allowing council to make a
more informed decision.
Eric Thorson indicated those numbers were included in the presentation.
Mr. Lind commented that delaying the project will increase the cost exponentially and that it would
be good to move forward.
Mr. Powers commented he supports moving forward but would like to give the public an opportunity
to speak.
Mr. Welper commented it is important to listen to the experts and move forward.
Mr. Jacobs commented the council needs to move forward.
Mr. Morrissey recommended delaying the project to have a public session for further discussion. He
further questioned the Technical Memorandum and the public's understanding of it.
Mr. Schmitt questioned delaying two weeks.
Doug Schindel explained various avenues that have been available to the public for input and
indicated they received very little response.
Resolution adopted and upon approval by Mayor assigned No. 2017-629.
145789 - Schmitt/Morrissey
Page 20 of 205
August 7, 2017 Page 13
to table for one week with work session. Roll call vote -Ayes: Two. Nays: Five (Amos, Jacobs,
Powers, Lind). Motion failed.
145790 - Schmitt/Powers
that "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", be
adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-630.
145791 - Schmitt/Powers
that "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", be
adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-631.
145792 - Lind/Welper
that "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", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-632.
145793 - Lind/Welper
that "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", be adopted.
Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-633.
145794 - Morrissey/Powers
that "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", be
adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-634.
145795 - Morrissey/Powers
that "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", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-635.
145796 - Amos/Morrissey
that "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", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Page 21 of 205
August 7, 2017 Page 14
Resolution adopted and upon approval by Mayor assigned No. 2017-636.
145797 - Amos/Morrissey
that "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",
be adopted. Roll call vote -Ayes: Seven. Motion carried.
Mr. Lind questioned why an appraisal was not completed for a purchase agreement.
Noel Anderson explained the process for appraising properties which are occupied rather than trying
to have an appraisal of the property and relocation.
Mr. Lind questioned if they are confident the computation is fairly accurate.
Noel Anderson explained this is consistent with what the city has done with other properties based
on assessed values.
Mr. Lind questioned if the market supports that calculation.
Noel Anderson explained the valuation wouldn't be close to that number, but with relocation costs it
would be around that number.
Mr. Jacobs questioned the relocation costs.
Noel Anderson explained the city would have to follow a federal relocation cost formula.
Resolution adopted and upon approval by Mayor assigned No. 2017-637.
ORDINANCES
145798 - Morrissey/Amos
that "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 be received, placed on file, considered and
passed for the first time. Roll call vote -Ayes: Seven. Motion carried.
145799 - Welper/Amos
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote -Ayes: Seven. Motion carried.
Mr. Schmitt questioned the timeliness of the item.
Sandie Greco explained the area would be used as a loading zone for citizens to pick up property at
the Police Department as current parking is designated for city vehicles.
145800 - Welper/Morrissey
that "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 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. 5410.
145801 - 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 third time and adopted.
Roll call vote -Ayes: Six. Nays: One (Jacobs). Motion carried.
Page 22 of 205
August 7, 2017 Page 15
Don Share, 2719 University Avenue, provided council with a copy of an article from the Cedar
Rapids Gazette regarding red light cameras. He explained class action lawsuits have been brought
against the city for use of the cameras and reporting the information to credit bureaus for collection
of unpaid fines and voiced his opposition to the use of these cameras.
Wayne Nathem, 548 Cloverdale, questioned how much revenue will be taken in by the cameras.
Dan Trelka, Chief of Police, explained that he believes that it will generate $300,000 to $700,000 per
year.
Mr. Schmitt questioned where the camera, generated funds would go.
Mayor Hart explained until it was determined if more officers were being hired the revenues would
most likely go into the general fund.
Michelle Weidner, Chief Financial Officer, explained these revenues haven't been discussed. She
suggested the council approve retaining the funds and designating the year in which they can be
spent.
Mr. Jacobs commented from phone calls he received he believes the cameras will be anti -consumer
and questioned how they were going to enforce tickets issued. He stated he would recommend the
council not approve the ordinance.
Mr. Schmitt questioned if the cameras were also going to be used for public safety.
Dan Trelka commented the footage from the videos would be able to be used for investigation.
Mr. Powers questioned why cameras would deter consumers from shopping, as it would add safety
and asked for clarification on how the city will be reimbursed. He suggested any funds generated be
used in the high crime areas and that safety is a greater concern for him than revenue.
Mr. Jacobs commented Dubuque put safety cameras in high crime areas, that these cameras were to
be used differently, and he doesn't want the council confusing the two.
Mr. Welper commented if you aren't committing a crime then you shouldn't have a concern with the
cameras.
Mr. Schmitt questioned the use of cameras in Dubuque.
Dan Trelka explained Dubuque doesn't use their cameras for traffic enforcement but that his
intentions are to use them for both traffic and criminal investigations.
Mr. Schmitt questioned purchasing the cameras in light of lawsuits against other cities and if
GATSO had provided this information.
Dorian Grubaugh, GATSO USA, commented the cameras are legal in the State of Iowa and the only
cameras he is aware are being removed are those being used on state interstates, which he is
confident will be replaced for safety reasons. He further commented on numerous hearings and
appeals allowed for due process on citations.
Mr. Morrissey questioned the percentage of unpaid tickets.
Dorian Grubaugh explained 60-75% of citations are paid with the rest being turned over to Iowa
Income Offset, with a 70% return on collections, or utilize the hearing and appeals process.
Mr. Morrissey questioned if there is data indicating these cameras save lives.
Dorian Grubaugh commented based on studies, there is a reduction of accidents by 30% and speed
reduction by 30-50%, which saves lives.
Mr. Morrissey questioned placing the cameras at high activity intersections.
Dan Trelka explained the high traffic locations that will have cameras have had fatalities.
Page 23 of 205
August 7, 2017 Page 16
Mr. Schmitt questioned if officers can have discretion about whether or not to issue a ticket based on
camera data.
Dan Trelka explained it is at the discretion of the officer to use the camera information.
Mr. Amos questioned if the cameras could detect speed along with red lights and if citations would
be issued for both.
Dan Trelka responded they would be used for issuing red light tickets only.
Ordinance adopted and upon approval by Mayor assigned No. 5411.
OTHER COUNCIL BUSINESS
145802 - Amos/Morrissey
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. Roll
call vote -Ayes: Six. Nays: One (Jacobs). Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-638.
145803 - Amos/Morrissey
that "Resolution approving ATE (Automated Traffic Enforcement) fine schedule for speeding and
red light violations", be adopted. Roll call vote -Ayes: Six. Nays: One (Jacobs). Motion carried.
David Dreyer, 3145 W. 4th Street, questioned fine amounts.
Dan Trelka read the proposed fine amounts for red light and speed camera violations.
Mr. Morrissey questioned the stopping regulations regarding red light citations.
Dorian Grubaugh explained the Police Department receives twelve seconds of video to determine
how to process the ticket. He further explained that the Police Department sets up requirements for
videos and suggested parameters for right -turn violations.
Mr. Morrissey questioned minimum speed regulations for right -turn on red citations.
Mr. Jacobs questioned the additional man hours required to administer the program.
Dorian Grubaugh explained this would be dependent on the number of violations issued. He
estimated officers could process 100 violations per hour.
Mr. Jacobs questioned if additional staff will need to be hired to administer the program.
Dan Trelka explained the department generally has 1-2 officers on light duty and due to the ease of
the program, he does not anticipate hiring additional staff to administer the program.
Mayor Hart questioned signage alerting cameras are being used.
Dorian Grubaugh explained there would be signage to alert drivers that they are coming to an
intersection that is photo enforced, provided by GATSO USA.
Resolution adopted and upon approval by Mayor assigned No. 2017-639.
145804 - Morrissey/Amos
that "Resolution preliminary approving construction of sidewalk improvements in conjunction with
the FY 2018 Sidewalk Repair Assessment Program — Zone 7, Contract No. 931", be adopted. Roll
call vote -Ayes: Seven. Motion carried.
Page 24 of 205
August 7, 2017 Page 17
Resolution adopted and upon approval by Mayor assigned No. 2017-640.
145805 - Morrissey/Amos
that "Resolution to fix value of lots in conjunction with the FY 2018 Sidewalk Repair Assessment
Program — Zone 7, Contract No. 931", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-641.
145806 - Morrissey/Amos
that "Resolution to adopt preliminary plat and schedule of assessments and estimate of costs, in
conjunction with the FY 2018 Sidewalk Repair Assessment Program — Zone 7, Contract No. 931",
be adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-642.
145807 - Morrissey/Amos
that "Resolution of Necessity and setting date of hearing as August 28, 2017, in conjunction with the
FY 2018 Sidewalk Repair Assessment Program — Zone 7, Contract No. 931", be adopted. Roll call
vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-643.
145808 - Lind/Morrissey
that 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, be received,
placed on file and approved. Voice vote -Ayes: Seven. Motion carried.
145809 - Lind/Morrissey
that 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, be received, placed on file and approved. Voice vote -Ayes: Seven. Motion carried.
ADJOURNMENT
145810 - Morrissey/Amos
that the Council adjourn at 9:20 p.m. Voice vote -Ayes: Seven. Motion carried.
Kelley Felchle
City Clerk
Page 25 of 205
CITY OF WATERLOO
Council Communication
Proclamation declaring August 18 and 19, 2017, as Krajiski Teferic Days
City Council Meeting: 8/14/2017
Prepared: 3/8/2017
REVIEWERS:
Department Reviewer Action Date
Mayor Office Westphal, Michelle Approved 3/8/2017 - 3:16 PM
Clerk Office Felchle, Kelley Approved 8/9/2017 - 12:53 PM
ATTACHMENTS:
Description Type
D Proclamation Krajiski Teferic Days 2017 Cover Memo
Submitted by: Submitted By: Mayor Quentin Hart
Page 26 of 205
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CITY OF WATERLOO
Council Communication
Request of Grout Museum District to hold the llth annual Sullivan Brothers Memorial 5/10 K Race on
October 21, 2017 from 8:00 a.m. to Noon, commencing and concluding in the area of Park Avenue and
Jefferson Street, with the route primarily on the Cedar Valley Lakes and South Riverside Trails.
City Council Meeting: 8/14/2017
Prepared: 8/3/2017
REVIEWERS:
Department Reviewer Action Date
Police Department Leibold, Joe Approved 8/3/2017 - 11:53 AM
Clerk Office Even, LeAnn Approved 8/9/2017 - 2:20 PM
ATTACHMENTS:
Description Type
D Maps Cover Memo
SUBJECT:
Submitted by:
Summary Statement:
Expenditure Required:
Source of Funds:
Request of Grout Museum District to hold the llth annual Sullivan Brothers
Memorial 5/10 K Race on October 21, 2017 from 8:00 a.m. to Noon,
commencing and concluding in the area of Park Avenue and Jefferson
Street, with the route primarily on the Cedar Valley Lakes and South
Riverside Trails.
Submitted By: Joe Leibold, Captain
This is the llth annual event with no significant issues.
Cost with placing and retrieving barricades and providing traffic control
during the event.
The event has agreed to reimburse the Police Department up to $1500 in
costs associated with traffic control for this event.
Page 28 of 205
Sullivan 5K
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Page 29 of 205
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Page 30 of 205
CITY OF WATERLOO
Council Communication
Request from Main Street Waterloo and the Waterloo Community School District to hold the 19th Annual
Mayor's Fun Run Event on September 19, 2017 from 9:30 a.m. to 12:00 noon at the Expo Grounds and
downtown Streets.
City Council Meeting: 8/14/2017
Prepared: 8/9/2017
REVIEWERS:
Department
Police Department
Clerk Office
ATTACHMENTS:
Description
D Route Map
D Request
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Expenditure Required:
Source of Funds:
Policy Issue:
Reviewer
Leibold, Joe
Felchle, Kelley
Action
Approved
Approved
Type
Cover Memo
Cover Memo
D ate
8/9/2017 - 11:48 AM
8/9/2017 - 3:08 PM
Request from Main Street Waterloo and the Waterloo Community School
District to hold the 19th Annual Mayor's Fun Run Event on September 19,
2017 from 9:30 a.m. to 12:00 noon at the Expo Grounds and downtown
Streets.
Submitted By: Joe Leibold, Captain of Police Services
Approve Request from Main Street/Waterloo Community Schools
19th Annual event uses the Expo Center and surrounding streets for a 1 mile
fun run with the Mayor. Route will be from the Expo Grounds, north on
Park Ave to Lafayette, east on Lafayette to W. 5th, south on W. 5th to
Jefferson and west on Jefferson to the Expo grounds. The route is not
using 4th Street due to construction.
Cost associated with traffic control, barricades etc.
General
None
Page 31 of 205
1`Z(yN t`_
2017 Mayor's Run Run
Barricades =
Water Stations =
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Page 32of20,
Leibold, Joe
From: Cindy Wells <cjwsews@mchsi.com>
Sent: Monday, August 7, 2017 6:17 PM
To: Leibold, Joe
Subject: Mayor's Fun Run Request
Attachments: Event area layout.pdf; Run Route map.pdf; Mayor's Fitness Day City request.doc; Noise
Ordinance.pdf
Follow Up Flag: Follow up
Flag Status: Flagged
Hi Capt Leibold
This is a request for the upcoming Mayor's Fun Run that is scheduled for Tuesday, September 19. I spoke to Eric
Thorson and he said 4th St will not be open until the end of September so we are using the alternate route of Park Ave to
Lafayette to 5th to Jefferson
Attached:
Event area layout map
Run route map with barricade placement
City request
Noise ordinance
Let me know if you need anything else or have any questions
Thanks
Cindy Wells
1
Page 33 of 205
CITY OF WATERLOO
Council Communication
Request of Iowa Department of Transportation, District 2 Office for a variance to the noise ordinance for the
period ofAugust 14, 2017 to December 31, 2017 for 24 hours per day along US Hwy. 63 from Franklin Street
to Newell Street, in conjunction with the construction of DOT project NHSX-063-6(75)--3H.
City Council Meeting: 8/14/2017
Prepared: 8/11/2017
REVIEWERS:
Department Reviewer Action Date
Police Department Felchle, Kelley Approved 8/11/2017 - 10:54 AM
SUBJECT:
Request of Iowa Department of Transportation, District 2 Office for a
variance to the noise ordinance for the period ofAugust 14, 2017 to
December 31, 2017 for 24 hours per day along US Hwy. 63 from Franklin
Street to Newell Street, in conjunction with the construction of DOT project
NHSX-063-6(75)--3H.
Submitted by: Submitted By: Joe Leibold, Captain of Police Services
Recommended Action: Approval.
Page 34 of 205
CITY OF WATERLOO
Council Communication
Resolution approving preliminary plans, specifications, bid documents, etc. and setting date of bid opening as
August 31, 2017 and the date of the public hearing as September 5, 2017 for the No. 6 Digester Roof
Rehabilitation Project Waterloo, Iowa, City Contract No. 939, and instruct City Clerk to publish notice.
City Council Meeting: 8/14/2017
Prepared: 8/9/2017
REVIEWERS:
Department Reviewer Action Date
Waste Management Hoambrecker, Steven Approved 8/9/2017 - 10:16 AM
Clerk Office Even, LeAnn Approved 8/9/2017 - 2:00 PM
ATTACHMENTS:
Description Type
D no. 6 digester roof rehab no. 939 Cover Memo
SUBJECT:
Resolution approving preliminary plans, specifications, bid documents, etc.
and setting date of bid opening as August 31, 2017 and the date of the public
hearing as September 5, 2017 for the No. 6 Digester Roof Rehabilitation
Project Waterloo, Iowa, City Contract No. 939, and instruct City Clerk to
publish notice.
Submitted by: Submitted By: Steven Hoambrecker, Director, Waste Management Services
Recommended Action:
Summary Statement:
Expenditure Required:
Source of Funds:
Policy Issue:
Approve the specifications, etc. and taking of bids, and set the date of bid
opening and hearing.
This project consists of the rehabilitation of No. 6 Digester Roof, located at
3505 Easton Ave in the City of Waterloo, Iowa
Estimated $65,000.00
sewer funds
Strategy 3.5 "Streamline efforts and improve efficiency in City operations
and activities" .
Page 35 of 205
NOTICE OF PUBLIC HEARING
On Proposed Plans, Specifications, Form of Contract,
And Estimate of Cost and the
NOTICE TO BIDDERS
For the Taking of Construction Bids
For the
No. 6 Digester Roof Rehabilitation Project
In the City of Waterloo, Iowa
CITY CONTRACT NO. 939
RECEIVING OF BIDS
Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of the
said City on the 31st day of August, 2017, until 1:00 p.m. for the construction of the NO. 6 DIGESTER ROOF
REHABILITATION PROJECT, City of Waterloo, Iowa, City Contract No. 939, as described in detail in the
plans and specifications now on file in the Office of the City Clerk.
OPENING OF BIDS
All proposals received will be opened in the First Floor Conference Room at City Hall in the City of Waterloo, Iowa,
on the 31st Day of August, 2017, at 1:00 p.m. local time, and the proposals will be acted upon at such later time
and place as may then be fixed.
PUBLIC HEARING
Notice is hereby given that the Council of said City will conduct a public hearing on the proposed plans,
specifications, form of contract, and estimate of cost for the construction of the above-described improvement
project at 5:30 p.m. on September 5, 2017 said hearing to be held in the Harold E. Getty Council Chambers in the
City Hall in said City. The proposed plans, specifications, form of contract, and estimate of cost for said
improvements heretofore prepared by City of Waterloo, Iowa Waste Management Services Department (WMSD) are
now on file in the office of the City Clerk for public examination, and any person interested therein may file written
objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto with
the City Clerk before the date set for said hearing, or appear and make objection thereto at the meeting above set
forth.
SCOPE OF WORK
This project consists of the rehabilitation of No. 6 Digester Roof, located at 3505 Easton Ave in the City of
Waterloo, Iowa. The rehabilitation work includes removal and disposal of spray polyurethane foam (SPF), removes
rust and prepares a clean metal surface by using a turbo nozzle at 4000 psi removing all rust and/or by a process
called "walnut shell blasting" removing all rust. Apply metal protection and roofing products as: epoxy sealer,
primer, SPF, base coating and top coatings. Clean-up of all materials removed and used on the project.
ESTIMATE OF COST
The engineer's estimate of project cost is $65,000.00.
BEGINNING AND COMPLETION DATES
The work under the proposed contract shall be commenced within ten (10) working days after receipt of "Notice to
Proceed" and all items shall be completed on or before October 6, 2017.
NOTICE OF HEARING CITY CONTRACT NO. 939
NO. 6 DIGESTER ROOF REHABILATION PROJECT
NPH -1 of 4
Page 36 of 205
METHOD OF PAYMENT TO CONTRACTOR
The Contractor will be paid against monthly estimates in cash on the basis of ninety-five percent (95%) of the work
as it is completed and materials delivered and work approved. Final payment will be made thirty-one (31) days after
completion of the work and acceptance by the Council. Before final payment is made, vouchers showing that all
subcontractors and workmen and all persons furnishing materials have been fully paid for such materials and labor
will be required unless the City is satisfied that material, men and laborers have been paid.
PLANS AND SPECIFICATIONS
Plans and Specifications governing the construction of the proposed improvements have been prepared by WMSD.
Said plans and specifications and also the prior proceedings of the City Council referring to and defining said
proposed improvements are hereby made a part of this notice, and the proposed contract by reference shall be
executed in compliance therewith.
Plans and Specifications are available from WMSD, 3505 Easton Ave, Waterloo, Iowa 50702 between 7:OOam and
4:OOpm, weekdays. No deposit required.
CONTRACT AWARD
A contract will be awarded to the qualified bidder submitting the lowest qualified, responsible bid.
The City reserves the right to reject any or all bids, re -advertise for new bids, and to waive informalities in the bids
submitted that might be in the best interest of the City.
Bids may be held by the City of Waterloo, Iowa, for a period not to exceed thirty (30) days from the day of the
opening of bids for the purpose of reviewing the bids and investigating the qualifications of bidders, prior to
awarding the contract.
By virtue of statutory authority, a preference will be given to products and provisions grown and produced with the
State of Iowa and preference will be given to local domestic labor in the construction of the improvement.
PROPOSALS SUBMITTED
The bidder shall submit bids on the items listed in the proposal. The bidder shall clearly write or type the unit bid
price and the bid item extension (Unit Price x Estimated Qty) in numerals on the blanks provided. Should there be
any discrepancy between the unit bid price and extension, the City of Waterloo shall consider the unit bid price as
being the valid unit bid price.
The bidder has the option to submit a computer-generated spreadsheet in lieu of the portion of the Form of Bid or
Proposal, which includes the Bid Item Number, Description, Unit, Estimated Quantity, Unit Bid Price, Total Bid
Price and Total Bid. The computer-generated spreadsheet shall include all of the information listed in that portion of
the Form of Bid or Proposal as well as bear the signature of the Prime Contractor submitting the bid. For the bidders
who submit a computer-generated spreadsheet, the TOTAL BID (with alternates, if applicable) shall also be
indicated in the space(s) provided on the Form of Bid or Proposal.
BID SECURITY REQUIRED
All bids must be accompanied in a separate envelope by a certified or cashier's check drawn on an Iowa bank, or a
bank chartered under the laws of the United States, a certified share draft drawn on a credit union in Iowa or
chartered under the laws of the United States, or bid bond, (on the form furnished by the City) payable to the City of
Waterloo, Iowa, in the sum of not less than five percent (5%) of the bid submitted, which certified check, certified
share draft or bid bond will be held as security that the Bidder will enter into a Contract for the construction of the
work and will furnish the required bonds, and in case the successful Bidder shall fail or refuse to enter into the
Contract and furnish the required bonds, his bid security may be retained by said City as agreed upon liquidated
damages. If bid bond is used, it must be signed by both the Bidder and the surety or surety's agent. Signature of
surety's agent must be supported by accompanying Power of Attorney.
NOTICE OF HEARING CITY CONTRACT NO. 939
NO. 6 DIGESTER ROOF REHABILATION PROJECT
NPH -2 of 4
Page 37 of 205
PERFORMANCE & PAYMENT BONDS
The successful bidder will be required to furnish a "Performance Bond" and a "Payment Bond" within ten (10) days
after forms are presented to him in an amount equal to one hundred percent (100%) of the contract price, said bond
to be issued by a responsible surety approved by the City Council and shall guarantee the faithful performance of the
contract and the terms and conditions therein contained, and shall guarantee the prompt payment of all materials and
labor and protect and save harmless the City from claims of any kind caused by the operations of the contractor.
CONTRACT COMPLIANCE PROGRAM / SUBCONTRACTING
The program proposes numerical projections regarding utilization of Minority Business Enterprise (MBE) and
Women Business Enterprise (WBE) as Subcontractors, vendors and suppliers in the performance of Contracts
awarded by the City of Waterloo, Iowa
A goal of at least ten percent (10%) for MBE participation on all City funded construction projects that are estimated
at $50,000.00 or more. A goal of at least two percent (2%) for WBE participation on all City funded construction
projects that are estimated at $50,000.00 or more.
LIQUIDATED DAMAGES
Time is an essential element of this contract. It is important that the work be diligently pursued to completion. If the
work is not completed within the specified contract period, plus authorized extensions, the contractor shall pay to the
City Liquidated Damages in the amount of one hundred dollars ($100.00) per day, for each day, as further described
herein, in excess of the authorized time.
Days beyond the specified completion date for which Liquidated Damages will be charged will be working days that
the contractor does, or could have worked, from Monday through Saturday. Sundays will be counted only if work is
performed. Partial working days will be considered as a full working day. Days not chargeable for Liquidated
Damages will include rain days, Sunday if no work is done, and legal holidays.
Working days will cease to be charged when only punch list items remain to be completed. Punch list items do not
include contract bid items or approved change/extra work orders.
When the Contractor believes the project to be substantially completed, a written notice stating the same shall be
submitted to Waste Management Services Department and a request made for a Punch List. If the work under the
Contract extends beyond the normal construction season for such work the Contractor shall submit to Waste
Management Services Department in writing a request that working days counted toward the project be suspended
until work is resumed the following construction season.
This amount is not construed as a penalty. These damages are for the cost to the City of providing the required
additional inspection, engineering and contract administration.
PRE -CONSTRUCTION CONFERENCE
Before the work is commenced on this contract, a conference shall be held for the purpose of discussing the contract.
The conference shall be attended by the prime contractor, subcontractors and City Officials.
RESIDENT BIDDER/NON-RESIDENT BIDDER
Attention of bidders is called to compliance with the provisions of the Resident Bidder/Non-Resident Bidder
requirements.
Each bidder submitting a bid shall execute and include with the bid, a Resident Bidder Certification or a Non -
Resident Bidder Certification in the form(s) herein provided.
NOTICE OF HEARING CITY CONTRACT NO. 939
NO. 6 DIGESTER ROOF REHABILATION PROJECT
NPH -3 of 4
Page 38 of 205
SALES TAX EXEMPTION CERTIFICATES
Contractors and approved subcontractors will be provided a Sales Tax Exemption Certification to purchase building
materials or supplies in the performance of construction contracts let by the City of Waterloo.
Published pursuant to the provisions of Chapter 26 of the City Code of Iowa and upon order to the City Council of
said Waterloo, Iowa, on the 7 day of August 2017
CITY OF WATERLOO, IOWA
BY:
Kelley Felchle
City Clerk
NOTICE OF HEARING CITY CONTRACT NO. 939
NO. 6 DIGESTER ROOF REHABILATION PROJECT
NPH -4 of 4
Page 39 of 205
CITY OF WATERLOO
Council Communication
Resolution approving preliminary specifications, form of contract, etc. and setting date of bid opening as of
September 7, 2017 and date of public hearing as of September 11, 2017 for furnishing the City of Waterloo
Public Works Facility with Janitorial Services, and instruct City Clerk to publish said notice.
City Council Meeting: 8/14/2017
Prepared: 8/9/2017
REVIEWERS:
Department Reviewer Action Date
Traffic Operations Felchle, Kelley Approved 8/9/2017 - 3:01 PM
ATTACHMENTS:
Description Type
D RFP for Janitorial Services Cover Memo
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Expenditure Required:
Source of Funds:
Policy Issue:
Resolution approving preliminary specifications, form of contract, etc. and
setting date of bid opening as of September 7, 2017 and date of public
hearing as of September 11, 2017 for furnishing the City of Waterloo Public
Works Facility with Janitorial Services, and instruct City Clerk to publish
said notice.
Submitted By: Sandie Greco, Interim Public Works Director
Recommend Approval
This service is providing janitorial services for the Public Works Building,
including the supplies and equipment needed to maintain the building.
Estimated at $30,000
All departments share in the cost of janitorial service.
Road Use Tax
S anitation
General Fund
Strategy 3.4 - Identify and implement proven cost and resource saving
measures.
Background Information: The current contract with Marsden expired June 30, 2017.
Page 40 of 205
CITY OF WATERLOO — REQUEST FOR PROPOSAL
Janitorial Services
The City of Waterloo, under the jurisdiction of the City Council, is seeking bids for furnishing the
City of Waterloo Public Works Facility with janitorial services. To be considered for this project,
the bidder must be familiar with the specifications set forth in the bid document; and the
bidder offers to furnish those janitorial services to the City as required in the bid document.
This entire document shall be considered as binding, part of the contract, and must meet or
exceed the specifications set forth in the Request for Proposal. The vendor with the lowest
qualifying total bid, which best serves the City of Waterloo, will be awarded the project.
The term of this contact and price shall be fixed for o/a three (3) years, commencing October 1,
2017 through June 30, 2020. There may be a 1 or 2 year extension of the contract, if the City of
Waterloo is satisfied with the janitorial vendor's performance at the end of the contract period.
THE CITY OF WATERLOO RESERVES THE RIGHT TO WITHDRAW REQUEST FOR PROPOSALS IF
THE CITY SHOULD PROVE TO BE MORE COST EFFECTIVE...
Page 41 of 205
1. Term of Contract:
The price quoted for o/a the three (3) year term shall be fixed. There may be an option
to extend the janitorial agreement for one (1) or two (2) year period. This option may be
offered to the company by the City of Waterloo if the City Council is satisfied with the
janitorial vendor's performance during the initial contract period.
2. Definitions:
Owner: City of Waterloo City Council
Project Manager: Sandie Greco, Interim Public Works Director
City: City of Waterloo
Bidder: Vendor, Company
Maintenance Dept: Building Maintenance Department
3. Building Information:
The City of Waterloo Public Works Facility is roughly 152,000 square feet in total.
Janitorial services required and areas to be serviced are identified in paragraph 16 of
this bid document.
4. Important Dates:
Pre -Bid Meeting: A walk thru inspection of the areas to be serviced can be
scheduled in advance of submitting the bid by contacting the Public Works Director at
319-291-4267 / 319-291-4445 or by email at: sandie.greco@waterloo-ia.org
Bid Submittal Deadline: Bids are due NLT 1:OOpm on THURSDAY, SEPTEMBER 7,
2017.
Submit Bid (& Bid Bond) to: City of Waterloo, City Hall
Office of the City Clerk
715 Mulberry Street
Waterloo, IA 50703
All bids shall have prices clearly printed on the attached "FORM OF PROPOSAL". All bids
are to be submitted in a sealed envelope, clearly marked as follows: "BID PROPOSAL
FOR JANITORIAL SERVICES — CITY OF WATERLOO PUBLIC WORKS. All bids shall be
accompanied with a bid security of 5% of the bid price for one year. Bid security shall be
submitted with the bid proposal in a sealed envelope, clearly marked as: "BID SECURITY
FOR JANITORIAL SERVICES". The name of the business submitting the bid must also be
clearly marked on both envelopes. Any bid submitted after the specified date / time
shall be rejected. All bids must be hand delivered or mailed to the above address, and it
is the sole responsibility of the bidder to ensure that the bid is received by the City at
the above location and time. Any bid submitted after the specified date and time shall
be rejected.
Page 42 of 205
NO FAXED BIDS WILL BE ACCEPTED UNDER ANY CIRCUMSTANCES
5. Bid Opening:
Thursday, September 7, 2017
1:OOpm, City of Waterloo 1st Floor Conference Room
City Clerk Office
715 Mulberry Street, Waterloo, IA 50703
6. Contract / Project to Commence:
Janitorial contract shall commence on or after October 1, 2017, and signing of the
contract. Two (2) original signed contracts to be furnished by the successful bidder to
be approved by the City Council and signed by the Mayor.
By virtue of statutory authority, the company shall be given preference to Iowa
Domestic Labor, products and provisions grown, and coal produced within the State of
Iowa according to the provisions of the Code of Iowa as amended.
7. Bid Rejection / Acceptance:
The City reserves the right to reject any and all bids, waive informalities in bidding, or to
accept the bid which best serves the interests of the City of Waterloo.
8. Bid Withdraw!:
All bid prices, upon submission by bidder, are recognized by the City and bidder to be
irrevocable for a minimum of thirty (30) calendar days after the scheduled opening of
bids with the consent of the City.
9. Bid Security:
Each bidder shall accompany the bid with a bid security by a bid bond, cash deposit,
Cashier's Check or a Certified Check on a solvent bank chartered under the laws of the
United States and in accordance with the requirements of Section 384.97 of the Iowa
Code as amended, in the amount of not less than 5% of the total first year of the
proposed project. Bid security shall be made payable to the City of Waterloo. Bid
security shall be submitted in a separate sealed envelope and be affixed to the bid.
The envelope shall have the company name and address clearly stated along with
being labeled as "Bid Security".
Bid security shall be returned to bidders who were not awarded the contract, upon
signing of the contract.
10. Performance Bond:
Upon signing the Contract, a Performance Bond in the amount equal to the 1st year of
the three-year contract shall be required and submitted before work commences. The
Performance Bond shall be in effect until the end of the 1st year of the contract and the
contract has been satisfied and accepted by the Public Works Director and City Council.
Page 43 of 205
11. Taxes and Late Fees:
The City is a governmental agency and does NOT pay taxes or late fees.
12. Terms of Payment:
The company shall submit a monthly invoice request for payment. The City shall
endeavor to make payment in a reasonable time frame and manner.
13. Termination of Services:
Either party may terminate this agreement with a thirty (30) day notice to the other
party.
14. Interpretation of the Contract Documents:
Bidders are hereby given notice to check carefully the accuracy and arithmetic of their
bids before submission of said bid. Plea of errors in bid may never the less result in
acceptance or rejection of that bid and award to the next low bidder.
The vendor shall verify all sizes, locations and existing conditions prior to bidding. If any
discrepancy is noted by the vendor, the Public Works Director shall be notified
immediately.
In the event that any questions shall arise after the letting of the contract respecting the
true meaning of the specifications, the matter shall be referred to the Public Works
Director, whose decision shall be final as to all parties to the contract. No advantage
shall be taken of any manifest clerical errors or omissions or questions the vendor may
have which could affect the bid before submitting the bid.
15. Insurance and Legal Requirements:
15.1 The company shall maintain adequate liability insurance in form(s) and amount(s)
sufficient to protect the City of Waterloo, its agencies, its employees, its clients and the
general public against loss, damage and/or expense related to performance under the
janitorial agreement.
15.2 The company shall provide a Certificate of Liability insurance naming City of
Waterloo as additional insured and said insurance certifications must be provided to the
City of Waterloo before or upon award and signing of contract.
15.3 In the event insurance coverage is canceled or modified in any way, the City of
Waterloo must be notified immediately. If at any time during the contract period, the
company fails to maintain the minimum insurance coverage, the contract may be
canceled at the City's option.
15.4 Minimum insurance requirements are as follows:
Page 44 of 205
Comprehensive General Liability
Comprehensive Automobile Liability
Workers Compensation
$2,000,000
$1,000,000
$State Statutory
15.5 Hold Harmless: Our business partners shall defend, indemnify and hold harmless
the City of Waterloo, its officers, employees, agents, and/or representatives from and
against any and all liability, loss, expense (including reasonable attorneys' fees), or
claims for injury or damages arising out of the performance of the relationship, but only
in proportion to and to the extent such liability, loss, expense, attorneys' fees or claims
for injury or damages are caused by or result from neglect or intentional acts or
omissions of the business partner, its officers, agents or employees.
16. General Requirements:
16.1 The major cleaning shall be done after normal business hours. The Contractor's
supervisory personnel must be present at all times (during the night shift) while service
is being performed. All of the company's personnel must be identifiable my means of
not less than a name badge with the company's identification and the employee name
on the badge.
16.2 The Contractor will provide the Public Works Director with a criminal background
check form on each employee having access to City facilities. The information needed
would include correct name, date of birth and social security number. The Waterloo
Police Department will conduct a criminal background check to verify this information
and, the City will have the option of denying access at its discretion to persons it feels
has had significant offenses.
16.3 The contractor's personnel shall also sign a "Confidentiality Agreement" which
essentially states that any information the cleaning staff my inadvertently read in the
process of performing their duties shall remain STRICTLY CONFIDENTIAL. Unauthorized
use or disclosure of confidential information, including but not limited to protected
health information will result in disciplinary action up to and including recommendation
for termination and possibly imposition of fines pursuant to applicable local, state and
federal laws.
16.4 The contractor's staff will work primarily week nights, beginning at or after 5:OOpm
and end at such time is agreeable with both the company and the Director. Weekend
work will be permissible with advanced notice for special projects such as window
washing, floor stripping, waxing etc.
16.5 The contractor shall supply all paper towels, toilet tissue, hand soap, can liners,
cleaning supplies and equipment to properly maintain the buildings cleanliness.
16.6 The City shall provide adequate storage room(s) for the company's use.
Page 45 of 205
16.7 The company shall inform the Maint Dept / Director if it observes various
maintenance -related problems such as burned out lights, plugged drains, water leaks
etc.
16.8 The company shall perform the following janitorial assignments at the prescribed
frequency as listed below. Assignments include sweeping and mopping of tile floors,
vacuuming of carpeted floors, cleaning of tables and chairs, emptying of trash and
cleaning countertops. Restroom / locker room maintenance shall include cleaning of
toilets, urinals, sinks, mirrors, counters and floors. Restroom paper product
replacement.
Task
Daily
Weekly
Monthly
Clean & Restock Rest Rooms #177-109-151-129-130
Clean & Restock Locker Rooms (135-136-137-144-145-146)
X
Clean Lunch Room - 111
X
Clean Vending Area — 112
X
*Sweep — Mop Tile Floors (108-112A-113-119-121-123-187)
X
Sweep & Mop concrete corridor — 113
X
Buff Corridor and Entry Way Tile
X
Wax Corridors and Entry Way Tile
X
Vaccuum All Carpeted areas in office(s) area
X
Clean Window Sills — Office Area — Lunch area
X
Clean office area break room
X
Clean glass on entry doors (3 entrances)
X
Clean office blinds
X
Clean minor soiled spots on carpet
X
Clean/Wipe off conference room table / chairs
X
* Employees of Public Works work in all conditions and it is expected that common to
all areas such as rest rooms / lunch rooms / briefing rooms floors will be difficult given
the nature of construction work being accomplished by employees. *
16.9 The contractor shall provide a list of all cleaning supplies, paper goods, can liners,
hand soap, disinfectants, etc, used by the contractor in the performance of this contract
to the Director prior to contract start up date for approval. This list shall include
product name and supplier name.
16.10 The contractor shall provide a "Material Data Safety Sheet" (GHS) for every
chemical to be used by the contractor.
16.11 The City will provide the contractor with access and keys to the facilities for which
services are to be provided. It is the responsibility of the contractor to see that keys are
NOT misplaced, lost, stolen or copied.
Page 46 of 205
a) The use of keys by an employee of the contractor at an unauthorized time or
for an unauthorized reason may be reason for termination of the employee
and/or contract.
b) In the event that a key(s) provided to the contractor or its employee is lost,
misplaced or stolen, the contractor will be responsible for notifying the
Director or his designated representative and contractor shall pay for
replacement cost of key(s) and/or, if necessary, changing of locks.
16.12 It will be the responsibility of the Director to set up what is deemed satisfactory
performance of the contractor and will be based primarily on the continuous acceptable
appearance of the facilities.
16.13 The contractor's management personnel shall make regular and frequent
inspections to assure that work is being performed in accordance with these
specifications. The management personnel shall report to the Director on a regular,
pre -agreed upon schedule.
16.14 The contractor will be responsible for the repair or replacement of any damaged
equipment or damages to the building that may occur during the course of carrying out
the prescribed duties. If damages cannot be repaired by the contractor, it shall be
reported to the Director or his representative and the cost of said repair shall be
deducted from the monthly invoice.
16.15 The monthly charge includes the services as outlined. Any work not mentioned
can be negotiated and performed. These services shall be performed five (5) days per
week, Monday through Friday, unless severe weather would prevent such scheduling.
No work will be performed on weekends unless approved in advance by the Director.
16.16 No services will be required on holidays.
16.17 One (1) additional day may be charged each Leap Year.
16.18 The contractor should direct any questions, concerns or complaints to the Interim
Director, Sandie Greco, or his designated representative at 319-291-4267.
17. As an alternate, bidders are requested to quote semi-annual window cleaning (inside
and out) of all office, meeting, lunch rooms.
18. References:
The bidder must provide along with proposal, the names of two (2) or more references.
Installations of comparable size in which company currently provides janitorial services.
Bidder must list names of firms, addresses, phone numbers and name of contact
persons.
Page 47 of 205
CITY OF WATERLOO
FORM OF BID
The bidder, having fully read this document, hereby acknowledges that this Bid Proposal
completely reflects the total bid price contained herein.
It is the bidder's responsibility to determine the bid price based on the bidder's own
evaluation of the space to be covered and work to be done.
Base Bid per Month to Perform Janitorial Service at City of Waterloo Public Works
Facility as per Specifications:
(Monthly Bid)
(Company Representative Name)
(Company Representative Signature)
(Title)
(Date)
Page 48 of 205
CITY OF WATERLOO
Council Communication
Resolution approving preliminary specifications, form of contract etc., and setting date of bid opening as
August 31, 2017 and date ofpublic hearing as September 5, 2017, for the purchase of one (1) Ford F250
Crew Cab truck for Waterloo Fire Rescue, and instruct City Clerk to publish notice.
City Council Meeting: 8/14/2017
Prepared: 8/9/2017
REVIEWERS:
Department Reviewer Action Date
Fire Rescue Treloar, Pat Approved 8/9/2017 - 11:07 AM
Clerk Office Felchle, Kelley Approved 8/9/2017 - 3:13 PM
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Expenditure Required:
Source of Funds:
Resolution approving preliminary specifications, form of contract etc., and
setting date of bid opening as August 31, 2017 and date ofpublic hearing as
September 5, 2017, for the purchase of one (1) Ford F250 Crew Cab truck
for Waterloo Fire Rescue, and instruct City Clerk to publish notice.
Submitted By: Pat Treloar, Fire Chief
Approve
This truck will be used as our command vehicle unit #300. Our current
command vehicle is a 2006 Chevy 3/4 ton pick up that will be taken out of
service as an emergency vehicle, and will be utilized by our Fire Marshal.
Estimate is $ 40,000.00
417-12-1400-2117
Page 49 of 205
CITY OF WATERLOO
Council Communication
Resolution setting date of public hearing as August 28, 2017 to approve sale and conveyance of City owned
property located at 200 West 4th Street (Convention Center), to LK Holdings Waterloo, LLC for $1.00,
including an Amendment to Development Agreement to correct the legal description, and instruct City Clerk to
publish notice.
City Council Meeting: 8/14/2017
Prepared: 8/9/2017
REVIEWERS:
Department
Planning & Zoning
Clerk Office
Reviewer
Schroeder, Aric
Even, LeAnn
ATTACHMENTS:
Description
D Amendment to Development Agreement
D Approved Development Agreement
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Expenditure Required:
Source of Funds:
Policy Issue:
Action
Approved
Approved
Type
Backup Material
Backup Material
D ate
8/9/2017 - 11:05 AM
8/9/2017 - 2:11 PM
Resolution setting date of public hearing as August 28, 2017 to approve sale
and conveyance of City owned property located at 200 West 4th Street
(Convention Center), to LK Holdings Waterloo, LLC for $1.00, including
an Amendment to Development Agreement to correct the legal description,
and instruct City Clerk to publish notice.
Submitted By: Noel Anderson, Community Planning & Development
Director
Set date of hearing
The City of Waterloo previously held a hearing and took action to approve a
development agreement and authorize the sale and conveyance of 200 West
4th Street (Convention Center) to LK Holdings Waterloo, LLC for $1.00.
Staff is proposing an amendment to the development agreement to utilize an
updated legal description, which includes a 10' strip of vacated park that was
inadvertently omitted from the previous description, and provides a more
detailed description of the area to be conveyed based on a survey of the
property. No other portion of the development agreement is being amended
at this time, and all other terms of the agreement shall continue in full force
and effect.
None (for the amendment)
N/A
Economic Development. Meeting Stategic Goals 1, 3, and 4, with new jobs,
new tax base, new image improvements of Waterloo.
Page 50 of 205
Alternative: Not approve
Legal Descriptions:
DESCRIPTION: PARCEL `K'
PART OF BLOCK 7 IN THE ORIGINAL PLAT ON THE WEST
SIDE OF THE CEDAR RIVER AND THE SOUTHEASTERLY 10.00
FEET IN EVEN WIDTH OF FORMER MAIN STREET NOW PARK
AVENUE AND PART OF ELWELL'S PLAT A SUBDIVISION OF
LOTS 1 AND 2 IN BLOCK 7 IN THE ORIGINAL PLAT ON THE
WEST SIDE OF THE CEDAR RIVER, CITY OF WATERLOO,
COUNTY OF BLACK HAWK, STATE OF IOWA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEASTERLY CORNER OF LOT 1
OF E.J. BICKLEY'S SUBDIVISION, ALSO BEING THE POINT
OF INTERSECTION OF THE PRESENT SOUTHWESTERLY
RIGHT-OF-WAY LINE OF JEFFERSON STREET AND THE
PRESENT NORTHWESTERLY RIGHT-OF-WAY LINE OF WEST
4TH STREET; THENCE NORTH 41° (DEGREES) 05' (MINUTES)
42" (SECONDS) EAST, 80.00 FEET TO THE SOUTHERLY
CORNER OF SAID BLOCK 7; THENCE NORTH 48°54'56" WEST,
ON THE SOUTHWESTERLY LINE OF SAID BLOCK 7 ALSO
BEING THE PRESENT NORTHEASTERLY RIGHT-OF-WAY LINE
OF JEFFERSON STREET, 4.03 FEET TO THE POINT OF
BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED;
THENCE CONTINUING NORTH 48°54'56" WEST ON THE
SOUTHWESTERLY LINE OF SAID BLOCK 7 AND ITS
NORTHWESTERLY PROLONGATION, ALSO BEING THE
PRESENT NORTHEASTERLY RIGHT-OF-WAY LINE OF
JEFFERSON STREET, 306.59 FEET TO NORTHWESTERLY LINE
OF THE SOUTHEASTERLY 10.00 FEET OF FORMER MAIN
STREET NOW PARK AVENUE, ALSO BEING THE PRESENT
SOUTHEASTERLY RIGHT-OF-WAY LINE OF PARK AVENUE;
THENCE NORTH 41°03'49" EAST ON THE NORTHWESTERLY
LINE OF THE SOUTHEASTERLY 10.00 FEET OF FORMER MAIN
STREET NOW PARK AVENUE, ALSO BEING THE PRESENT
SOUTHEASTERLY RIGHT-OF-WAY LINE OF PARK AVENUE,
301.91 FEET (300.00 FEET RECORD) TO THE PRESENT
SOUTHWESTERLY RIGHT-OF-WAY LINE OF COMMERCIAL
STREET; THENCE SOUTH 49°02'55" EAST ON THE PRESENT
SOUTHWESTERLY RIGHT-OF-WAY LINE OF COMMERCIAL
STREET, ALSO BEING THE NORTHEASTERLY LINE OF SAID
BLOCK 7 AND ITS NORTHWESTERLY PROLONGATION, 240.52
FEET TO THE NORTHWESTERLY RIGHT-OF-WAY LINE OF
WEST 4TH STREET; THENCE SOUTHWESTERLY ON THE
NORTHWESTERLY RIGHT-OF-WAY LINE OF WEST 4TH
STREET BEING A 956.73 -FOOT RADIUS CURVE CONCAVE
SOUTHEASTERLY AND HAVING A98.84 -FOOT LONG CHORD
BEARING SOUTH 28°47'22" WEST, 98.89 FEET (ARC LENGTH);
THENCE SOUTH 26°09'45" WEST ON THE NORTHWESTERLY
RIGHT-OF-WAY LINE OF WEST 4TH STREET, 91.32 FEET;
Page 51 of 205
THENCE SOUTHWESTERLY ON THE NORTHWESTERLY
RIGHT-OF-WAY LINE OF WEST 4TH STREET BEING A 760.00 -
FOOT RADIUS CURVE CONCAVE NORTHWESTERLY AND
HAVING A 119.61 -FOOT LONG CHORD BEARING SOUTH
30°40'33" WEST, 119.73 FEET (ARC LENGTH) TO THE POINT OF
BEGINNING.
(THE SOUTHEAST LINE OF E.J. BICKLEY'S SUBDIVISION,
ALSO BEING THE PRESENT NORTHWESTERLY RIGHT-OF-
WAY LINE OF WEST 4TH STREET THAT IS SOUTHWESTERLY
OF JEFFERSON STREET, IS ASSUMED TO BEAR NORTH
41°05'42" EAST FOR THE PURPOSE OF THIS DESCRIPTION.)
CONTAINING 83,194 SQUARE FEET OR 1.91 ACRES.
Page 52 of 205
Prepared by Christopher S. Wendland, P.O. Box 596, Waterloo, IA 50704. Phone (319) 234-5701
AMENDMENT TO DEVELOPMENT AGREEMENT
This Amendment to Development Agreement (the "Amendment") is entered into as of
, 2017 by and between the City of Waterloo, Iowa ("City") and LK Holdings
Waterloo, LLC ("Company").
RECITALS
A. Company and City are parties to that certain Development Agreement dated July
17, 2017 (the "DA"), concerning the development of land (the "Property") described
on Exhibit "A" to the DA. Company and City are also parties to a Minimum
Assessment Agreement (the "MAA") pertaining to the Property.
B. The Property description contained errors that have been identified by survey, and
the parties desire to amend the DA on the terms set forth herein to provide for a
corrected legal description.
NOW, THEREFORE, in consideration of the premises and of other consideration, the
receipt and sufficiency of which is hereby acknowledged, the parties hereby agree to amend the
Agreement as follows:
1. The DA and MAA are amended to strike Exhibit "A" therefrom and to substitute in
place thereof a new Exhibit "A" as attached to this Amendment. The DA is further amended to
add the plat of survey as a new Exhibit "A-1."
2. Except as amended herein, the DA and the MAA shall continue unmodified in full
force and effect. This Amendment is binding on the parties and the respective successors,
assigns, transferees and legal representatives of each. This Amendment may be executed in
counterparts, each of which shall be deemed an original and all of which, when taken together,
shall constitute a single instrument.
IN WITNESS WHEREOF, the parties have executed this Amendment to Development
Agreement by their duly authorized representatives as of the date first set forth above.
[signatures on next page]
Page 53 of 205
CITY OF WATERLOO, IOWA LK HOLDINGS WATERLOO, LLC
By: By:
Quentin M. Hart, Mayor
Attest:
Kelley Felchle, City Clerk
2
Edwin W. Leslie
Managing Member of Leslie
Hospitality Consulting, LLC, its
Managing Member
Page 54 of 205
EXHIBIT "A"
Legal Description of Property
DESCRIPTION: PARCEL 'K'
PART OF BLOCK 7 IN THE ORIGINAL PLAT ON THE WEST SIDE OF THE CEDAR RIVER AND THE
SOUTHEASTERLY 10.00 FEET IN EVEN WIDTH OF FORMER MAIN STREET NOW PARK AVENUE AND
PART OF ELWELL'S PLAT A SUBDIVISION OF LOTS 1 AND 2 IN BLOCK 7 IN THE ORIGINAL PLAT ON
THE WEST SIDE OF THE CEDAR RIVER, CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF
IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEASTERLY CORNER OF LOT 1 OF E.J. BICKLEY'S SUBDIVISION,
ALSO BEING THE POINT OF INTERSECTION OF THE PRESENT SOUTHWESTERLY RIGHT-OF-WAY
LINE OF JEFFERSON STREET AND THE PRESENT NORTHWESTERLY RIGHT-OF-WAY LINE OF WEST
4TH STREET; THENCE NORTH 41° (DEGREES) 05' (MINUTES) 42" (SECONDS) EAST, 80.00 FEET TO
THE SOUTHERLY CORNER OF SAID BLOCK 7; THENCE NORTH 48°54'56" WEST, ON THE
SOUTHWESTERLY LINE OF SAID BLOCK 7 ALSO BEING THE PRESENT NORTHEASTERLY RIGHT-OF-
WAY LINE OF JEFFERSON STREET, 4.03 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF
LAND HEREIN DESCRIBED; THENCE CONTINUING NORTH 48°54'56" WEST ON THE
SOUTHWESTERLY LINE OF SAID BLOCK 7 AND ITS NORTHWESTERLY PROLONGATION, ALSO
BEING THE PRESENT NORTHEASTERLY RIGHT-OF-WAY LINE OF JEFFERSON STREET, 306.59 FEET
TO NORTHWESTERLY LINE OF THE SOUTHEASTERLY 10.00 FEET OF FORMER MAIN STREET NOW
PARK AVENUE, ALSO BEING THE PRESENT SOUTHEASTERLY RIGHT-OF-WAY LINE OF PARK
AVENUE; THENCE NORTH 41°03'49" EAST ON THE NORTHWESTERLY LINE OF THE
SOUTHEASTERLY 10.00 FEET OF FORMER MAIN STREET NOW PARK AVENUE, ALSO BEING THE
PRESENT SOUTHEASTERLY RIGHT-OF-WAY LINE OF PARK AVENUE, 301.91 FEET (300.00 FEET
RECORD) TO THE PRESENT SOUTHWESTERLY RIGHT-OF-WAY LINE OF COMMERCIAL STREET;
THENCE SOUTH 49°02'55" EAST ON THE PRESENT SOUTHWESTERLY RIGHT-OF-WAY LINE OF
COMMERCIAL STREET, ALSO BEING THE NORTHEASTERLY LINE OF SAID BLOCK 7 AND ITS
NORTHWESTERLY PROLONGATION, 240.52 FEET TO THE NORTHWESTERLY RIGHT-OF-WAY LINE
OF WEST 4TH STREET; THENCE SOUTHWESTERLY ON THE NORTHWESTERLY RIGHT-OF-WAY LINE
OF WEST 4TH STREET BEING A 956.73 -FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY AND
HAVING A 98.84 -FOOT LONG CHORD BEARING SOUTH 28°47'22" WEST, 98.89 FEET (ARC LENGTH);
THENCE SOUTH 26°09'45" WEST ON THE NORTHWESTERLY RIGHT-OF-WAY LINE OF WEST 4TH
STREET, 91.32 FEET; THENCE SOUTHWESTERLY ON THE NORTHWESTERLY RIGHT-OF-WAY LINE
OF WEST 4TH STREET BEING A 760.00 -FOOT RADIUS CURVE CONCAVE NORTHWESTERLY AND
HAVING A 119.61 -FOOT LONG CHORD BEARING SOUTH 30°40'33" WEST, 119.73 FEET (ARC LENGTH)
TO THE POINT OF BEGINNING.
(THE SOUTHEAST LINE OF E.J. BICKLEY'S SUBDIVISION, ALSO BEING THE PRESENT
NORTHWESTERLY RIGHT-OF-WAY LINE OF WEST 4TH STREET THAT IS SOUTHWESTERLY OF
JEFFERSON STREET, IS ASSUMED TO BEAR NORTH 41°05'42" EAST FOR THE PURPOSE OF THIS
DESCRIPTION.)
CONTAINING 83,194 SQUARE FEET OR 1.91 ACRES.
Page 55 of 205
EXHIBIT "A-1"
See attached Plat of Survey for Parcel "K".
Page 56 of 205
Prepared by Christopher S. Wendland, P.O. Box 596, Waterloo, IA 50703. 319-234-5701
DEVELOPMENT AGREEMENT
This Development Agreement (the "Agreement") is entered into as of
‘1 , 2017, by and between LK Holdings Waterloo, LLC, a Wyoming
limited liability company (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 undertake acquisition and
rehabilitation of an existing convention center property located in the
Downtown Waterloo Urban Renewal and Redevelopment Plan Area.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants set forth herein,
the parties agree as follows:
1. Sale of Property. Subject to the terms and conditions of this Agreement,
City will convey to Company for the sum of $1.00 the real property described on Exhibit
"A" attached hereto ("Property"), located at 200 W. 4th Street and consisting of assessor
parcel no. 8913-26-231-002. Company will undertake the Project (defined below) upon
the Property. Included with the Property at no additional cost will be all personal
property and fixtures (collectively, the "FFE") located therein or thereon that belong to
City, and the skywalk that connects the Convention Center (defined below) with the
hotel located at 205 W. 4th Street, including structures supporting the skywalk.
Company agrees to take the Property, all FFE, and the skywalk and supporting
structures in their "as is, where is" condition, subject to all faults. Company further
agrees that City has not made and does not hereby make any representation or
warranty concerning the Property, FFE, or the skywalk and supporting structures as to
their condition, operability, merchantability, fitness for any particular use, or otherwise,
and Company hereby disclaims any and all such warranties.
Page 57 of 205
2. Improvements by Company. Company shall upgrade and renovate the
lobby, meeting rooms and other facilities (all of the foregoing renovations and
improvements are collectively referred to as the "Improvements") at a minimum
estimated investment cost of $6,000,000. A list of intended Improvements is attached
hereto as Exhibit "B". 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 ail
development -related work to make the Property usable for Company's purposes as
contemplated by this Agreement are collectively referred to as the "Project". Company
shall commence Improvements within six (6) months after the date of this Agreement or
after taking ownership of the Property, whichever occurs last, and shall substantially
complete the Project within eighteen (18) months thereafter.
3. City Commitments in Aid of Project.
A. Rebates. City shall provide property tax rebates as further set forth
in Section 10 below.
B. Economic development grants. City will make an economic
development grant to Company in the amount of $700,000, payable within sixty (60)
days after plans for exterior improvements have been approved by the downtown
design/build management team (DBMT) and Waterloo Building Official. City will make
a further economic development grant to Company in the amount of $350,000, payable
within sixty (60) days after completion of final permit inspections relating to interior
improvements.
C. Parking. The parties agree to enter into a separate agreement for
use of up to 200 non -reserved spaces in the connected parking ramps by patrons of the
Waterloo Convention Center (the "Convention Center") and the associated hotel (the
"Hotel"). Because both facilities will be under management by Company, no particular
number of spaces is allocated herein between the facilities. Company may choose to
validate parking for authorized patrons, at rates to be determined by City policy.
D. Dedicated Support. City agrees that for a period of ten (10) years
after it deeds the Property to Company, City will not promote, provide incentives for, or
otherwise assist in the development of any convention center or events center in Black
Hawk County, Iowa that contains more than 10,000 square feet of rentable space, nor
will City assist or encourage any other person or entity to do so.
4. Conveyance; Title. Conveyance shall be by special warranty deed (the
"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 and other applicable law. City shall have no
duty to convey title to Company until Company delivers to City reasonable and
satisfactory proof of financial ability to undertake and carry on the Project (defined
2
Page 58 of 205
below), which may take the form of a lending commitment letter. The parties will
schedule a closing to occur as promptly as possible following completion of the
hearings, procedures and approvals that City is required to complete pursuant to
Section 18. No less than 30 days before closing, City shall provide to Company any
abstracts of title for the Property in its possession, updated to a date within 60 days
before closing. Company may, at its own expense, obtain whatever additional form of
title evidence it desires. City shall make every reasonable effort to promptly perfect
title. If closing is delayed due to City'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 Company when the Purchase Price is paid in full.
5. 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
convey the Property, or to cause the Property to be conveyed, to Company and that
without said commitment City would not do so. Company must obtain a building permit
and begin renovations within six (6) months after the date this Agreement is approved
by City (the "Project Start Date") and substantially complete renovations within eighteen
(18) months of the Project Start Date (the "Project Completion Date").
If Company has not, in good faith, begun work on the Improvements by
the Project Start Date, then title to the Property shall revert to the City, except as
provided in this Agreement; provided, however, that if work 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 work on the
Improvements, and if an extension is granted but the work 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 Company determines at any time that the Project is not
economically feasible, then after giving thirty (30) days' advance written notice to City,
Company may convey the Property to City by special warranty deed, and thereupon
neither party shall have any further obligation under this Agreement except as expressly
provided. If work has commenced by the Project Start Date or 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 the Improvement work 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 work 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.
6. Dedicated Property Use; Possibility of Reverter. The parties
acknowledge that the Property is used principally as a convention center and events
facility (the "Dedicated Uses"). Company agrees that the Property will continue to be
used principally for such purposes until City gives its written consent to an alternate
principal use. If Company permits the Property to be used principally for any purpose
other than the Dedicated Uses, then title to the Property shall revert to the City. The
3
Page 59 of 205
parties agree that the Deed shall include a statement of the Dedicated Uses and the
possibility of reverter.
7. Reverter of Title; Indemnity, 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 and to deliver to City title to the
Property that is free and dear of any lien, claim, charge, security interest, mortgage or
encumbrance (collectively, "Liens") arising by or through Company. Company shall pay
in full, so as to discharge or satisfy, all Liens on or against the Property.
Company further agrees that it shall indemnify City and hold it harmless
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, Company's failure to carry on
or complete same, or any Lien or Liens on or against the Property of any type or nature
whatsoever that attaches to the Property by virtue of Company's ownership of same. If
City files suit to enforce the terms of this Agreement and prevails in such suit, then
Company shall be liable for all legal expenses, including but not limited to reasonable
attorneys' fees, incurred by City. Company's duties of indemnity pursuant to this
section shall survive the expiration, termination or cancellation of this Agreement for
any reason.
8. No Encumbrances; Limited Exception. Until completion of the
Improvements, Company agrees that it shall not create, incur, or suffer to exist any
Liens on the Property, other than such mortgage or mortgages as may be reasonably
necessary to finance Company's completion of the Improvements and of which
Company notifies City in advance of Company's execution of any such mortgage.
Company may not mortgage the Property or any part thereof for any purpose except in
connection with financing of the Improvements.
9. 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 "C", 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
$5,000,000 ("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.
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Company agrees to sign the agreement attached as Exhibit "C" at closing.
10. 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 9, the City agrees to rebate property taxes (with the
exceptions noted below) as follows:
34% rebate for each of Years One through Fifteen, inclusive,
for any taxable value over the January 1, 2018 value of $2,500,000, subject to
adjustment as provided in this section based on evaluation by the performance review
board provided for in Section 14. If the board's scoring system at any time yields an
aggregate score of less than three (3), Company's eligibility for a full rebate shall be
placed on probationary status and the rebate payable in the succeeding year will be
adjusted down to a 25% rebate if the aggregate score in the succeeding year is not at
least six (6). Each year will be separately evaluated using the foregoing methodology.
The board will notify Company of all scoring decisions, which shall be subject to the
dispute resolution procedures set forth in Section 24.
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 in the City's discretion.
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.
11. Job Creation. Company agrees that it will, hire no fewer than 100
employees to provide an adequate staffing level for operation of the Hotel and
Convention Center to a standard of quality established by an oversight board more fully
described in Section 14 hereof. Company shall be free to assign or allocate its
personnel between the facilities as it deems best for optimal operation of the two
facilities, consistent with the quality standards referenced above. During each year that
a tax rebate is payable hereunder, Company shall, within thirty (30) days after the close
of City's fiscal year, provide a written report to City showing the number of full-time (30
or more hours per week) and part-time employees that Company has on its payroll as
of the last calendar day of each month during the reporting period.
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12. Insurance. Until City has, following completion of the Improvements,
released its rights for reverter of title as provided in Section 5, Company agrees to keep
in force one or more policies of insurance covering the Property and FFE against Toss
or damage, in an amount not less than the Minimum Actual Value. Such policy or
policies shall name City as an additional insured and provide for at least a 30 -day notice
of cancellation to City. Company shall provide proof of insurance to City at each policy
renewal.
13. Improvement Plan and Escrow. The parties acknowledge that the
Convention Center is a 40 -year-old facility that is likely to require significant periodic
maintenance, renovation, and upgrade. Accordingly, Company agrees to maintain a
segregated escrow account into which Company will deposit, during each calendar year
or within thirty (30) days after the close of each calendar year, an amount equal to four
percent (4%) of the Convention Center's operating revenues for such calendar year, but
not Tess than $100,000. Company's first contribution to the account shall be after the
second year that it operates the Convention Center. For purposes of this section,
"operating revenues" means the total amount received from third parties by Company or
any other person or entity operating the Convention Center on behalf of Company,
directly or indirectly arising out of or connected with the Convention Center, including
but not limited to transactions for cash, credit and credit card sales, less applicable
sales taxes. Company may utilize funds from the escrow account to defray the cost of
capital upgrades and improvements to the Convention Center, other than the initial
Improvements described in Section 2. By having such a fund, the parties express no
expectation that it will be the sole source of funds for such upgrades or improvement
costs. Company shall develop and periodically update (not less than annually) a facility
improvement plan to address foreseeable needs for Convention Center maintenance or
upgrades, desired improvements, and contingencies. The plan shall be provided to the
performance review board described in Section 14 after each update, and Company
shall consider input from said board.
14. Review Board. The parties agree to formation of a performance review
board for the Convention Center (the "Board"). The Board shall consist of at least
seven members, including two City staff members appointed by the mayor, the
Executive Director or other designee of the Waterloo Convention & Visitors Bureau, the
Executive Director or other designee of Main Street Waterloo, one representative of
Waterloo Development Corporation, one representative of Company, and one
representative from a company in the community that is designated by the mayor
because of the company's high utilization of the Convention Center. Each organization
that contributes a Board member may replace its appointed member at any time in its
discretion. The Board will meet at least semi-annually to evaluate the use, operation
and condition of the Convention Center and to assess the extent to which the
Convention Center has been utilized to positively impact the local economy, to enhance
the business climate of Waterloo, and to enhance the quality of life for Waterloo
residents and area visitors by providing a high-quality venue and user experience for
meetings, conventions, banquets, and other community gatherings and events.
Evaluation criteria shall include user attendance, the service satisfaction metrics
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described in Exhibit "D" attached hereto, and the requirements of Section 15. At least
annually, the Board will rate the evaluation criteria as set forth in Exhibit "D" and the
requirements of Section 15 to encourage continuous improvement and to provide an
incentive to Company for payment of full rebates as provided in Section 10.
15. General Operating Standard. Company, its successors, assigns and
transferees, shall at all times operate and maintain the Convention Center to a standard
that is substantially equivalent to that of a four-star hotel. Such standard shall be
determined with reference to applicable provisions of the Lodging Approval
Requirements & Diamond Rating Guidelines issued by the American Automobile
Association ("AAA"), or similar standards or system of AAA in effect at any given time.
16. Facility Name. In confirmation of public commitments previously made,
City agrees to name the city block on which the Convention Center is located "Five
Sullivan Brothers Plaza", and Company agrees that the Convention Center shall be
named "Waterloo Convention Center at Five Sullivan Brothers Plaza." Company will
ensure that all print, video, broadcast and social media refer to the Convention Center
by said name. Company, its successors, assigns and transferees, shall not rename the
Convention Center or adopt any other form or style of designation without the prior
written consent of City.
17. Restrictions on Transfer; Purchase Rights. Company may not sell,
convey, give, or otherwise transfer title to the Property to any third party without the
prior written consent of City, except to a successor by merger or consolidation, which
consent shall not be unreasonably withheld if such third party has demonstrated
experience of no less than ten (10) years in profitably operating one or more facilities of
similar size and agrees to assume all obligations of Company hereunder. If Company
is in receipt of a bona -fide purchase offer from a party that is unrelated to Company by
common ownership or control, and if the terms of the offer are acceptable to Company,
then Company shall promptly deliver a full and true copy of same to City. For a period
of sixty (60) days after receipt of the offer, City shall have a right of first refusal to
purchase the Property for the same price as stated in the offer, which City may exercise
by delivery of written notice to Company. At closing, City shall be given credit against
the purchase price as set forth below:
(i) If the City exercises its purchase right on or before December 31,
2023, the credit will equal the sum of (a) the assessed value of the
Property at the time of conveyance to Company pursuant to
Section 4 above, namely, $2,500,000, and (b) the economic
development grant paid to Company pursuant to Section 3.B
above.
(ii) If City exercises its purchase right from January 1, 2024 until and
including December 31, 2028, the credit will be the assessed value
of the Property at the time of conveyance to Company pursuant to
Section 4 above.
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(iii) If City exercises its purchase right after December 31, 2028, the
credit will be $250,000.
In any event where City exercises a right of purchase, the closing shall occur within an
additional forty-five (45) days after delivery of written notice of exercise, and Company
shall provide to City an updated abstract of title for the Property and convey title at
dosing by general warranty deed.
18. Regulatory Approvals. Company acknowledges and agrees that the
Project will require Company to obtain various approvals from the City of Waterloo
andlor other applicable governmental authorities, including but not limited to zoning, site
plan, subdivision, building permit and other approvals required or necessary for
Company's proposed Improvements to the Property. To optimize coordination of
Project plans and development with such approvals, Company agrees to participate
regularly and in good faith in the project management/design-build management
(PMT/DBMT) process applicable to the Property for design issues, landscape design,
parking, construction documents, and other matters.
19. 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 120 days from the date this Agreement is approved
by the City council. Likewise, Company's obligations under this Agreement are subject
to and contingent upon City's completion of all such procedures, hearings and
approvals.
20. 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.
21. 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.
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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.
D. Company may operate the Convention Center through a separate
company affiliated with Company by common ownership and/or control, but
Company will be responsible to ensure that Company or its operating affiliate
perform all of the terms of this Agreement that are Company's duty to perform.
22. 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 and would not have offered the substantial
Project incentives described herein. Upon breach of any promise or covenant, or in the
event of the incorrectness or falsity of any representation or warranty, City shall provide
written notice of such breach to Company, and if Company fails to cure such breach
within sixty (60) days thereafter, 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.
23. Cross -Default. City and Company are parties to a certain development
agreement with respect to the Hotel (the "Hotel DA"). The parties agree that a default
by Company under the Hotel DA shall constitute and be treated as a default under this
Agreement. In the event of a default under either this Agreement or the Hotel DA, City
shall be entitled to exercise any or all remedies available to it under either agreement or
under applicable law.
24. Dispute Resolution. If Company disputes any scoring decision of the
review board, then within fourteen (14) days it may notify the board in writing, and for a
period of fourteen (14) days after such notification Company and the board shall confer
about the score and whether it will be revised. If Company is not satisfied with the
board's final decision, which the board shall provide to Company in writing, then within
fourteen (14) days thereafter Company may serve on the board a written notice to
submit the matter to arbitration. Except as provided in this section, the arbitration shall
be conducted in accordance with the provisions of Iowa Code Chapter 679A. The
parties shall select an arbitrator by mutual agreement, and if they fail to do so then
Chapter 679A shall govern the selection of an arbitrator. Arbitration shall be conducted,
if possible, by mail and telephone conference call, and if personal appearances are
required, then in Waterloo, Iowa. The decision of the arbitrator shall determine all
issues in dispute between the parties with respect to the contested scoring decision.
The decision of the arbitrator shall be final and binding and shall not be subject to
appeal on a question of fact, law, or mixed fact and law. Each party shall bear all costs
and expenses, including but not limited to attorneys' fees, that it incurs in the handling
of any dispute pursuant to this section. Except where clearly prevented by the area in
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dispute, both parties agree to continue performing their respective obligations under this
Agreement while the dispute is being resolved.
25. 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 1402 S. 13th Street, Omaha, NE 68108, Attn:
Edwin W. Leslie. With a copy to: Matthew R. Berens, Berens Blonstein PLC,
7033 East Greenway Parkway, Suite 210, Scottsdale, AZ 85254.
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, or (iii) three (3) business days
following the date of deposit if mailed by United States registered or certified mail,
postage prepaid.
26. 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.
27. 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.
28, 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.
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29. 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.
30. Binding Effect. This Agreement shall be binding and shall inure to the
benefit of the parties and their respective successors, assigns, and legal
representatives.
31. 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.
32. Entire Agreement. This Agreement, together with the Minimum
Assessment Agreement attached hereto as Exhibit "D", 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.
33. 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.
CITY OF WATERLOO, IOWA
By:
ee-eue
Quentin M. Hart, Mayor
Attest:
11
LK HOL Pl® ATERLOO, LLC
n W. Leslie
Managing Member of Leslie
Hospitality Consulting, LLC, its
Managing Member
Page 67 of 205
PERSONAL GUARANTY. The undersigned, being either an officer, shareholder,
manager, or member 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 t. foregoing Agreement, including but not limited to the duties of indemnity
set forth n.
W. eslie
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EXHIBIT "A"
Legal Description of Property
Block 7, Original Plat on the West Side of the Cedar River, City of Waterloo, Iowa, and Lots 1
through 6 of Elwell's Subdivision, city of Waterloo, Iowa, including all alleys but excepting street
right of way.
Page 69 of 205
EXHIBIT "B"
Description of Improvements
See attached.
Page 70 of 205
Waterloo Convention Center
Leslie Hospitality
Development Agreement Exhibit B
Improvements
Page 71 of 205 1
Area
Task
Category
Elevators
Install required life safety signage outside elevator entrance (do not use in case of fire - use stairs)
90 days
Elevators
Clean light diffusers.
Immediate
Exterior
Power wash exterior including walls, windows, walkways and drive surfaces to remove all dust accumulation, bird/insect debris
and/or stains
90 days
Exterior
Following pressure washings, point/tuck grout as needed and seal brick to eliminate any further fluorescence.
Immediate
Exterior
Clean and replant all plant beds
Immediate
Exterior
Repair any damaged, cracked or lifting curbs or walkways.
Immediate
Exterior
Replace signage
Immediate
Exterior
Paint and seal exterior with new colors
90 days
Exterior
Close in Soffit of building with EFIS or similar product
90 days
Exterior
Repair/replace any damaged or cloudy windows.
90 days
Exterior
Provide designated guest smoking area away from front entrance.
Immediate
Exterior
Replace exterior lighting to enhance curb appeal of building
Immediate
Exterior
Replace Main entry doors with automated self opening door systems
90 days
Exterior
Upgrade egress doors to open In accordance with current code requirements
90 days
Exhibit Hall
Sand blast and clean ceiling and beams removing all paint
90 days
Exhibit Hall
Seal and coat ceiling to include sound barrier
90 days
Exhibit Hall
Paint and finish ceiling
90 days
Exhibit Hall
Replace wall sound boards with new
90 days
Exhibit Hall
Paint walls
90 days
Exhibit Hall
Replace signage
90 days
Exhibit Hall
Grind, clean, and resurface floor with new color and finish to new
90 days
Exhibit Hall
Paint and repair entry and exit doors
90 days
Public Restrooms
Combine Men's Room and Womens Room on 1st floors and 2nd floors to enlarge and enhance space into larger restrooms
180 days
Public Restrooms
Replace flooring
180 days
Public Restrooms
Replace and repair fixtures
180 days
Public Restrooms
Replace vanities
180 days
Public Restrooms
Replace wall vinyl and lighting
180 days
Public Restrooms
Repair and paint walls and doors
180 days
Public Restrooms
Enhance and add lighting
180 days
Lobby / Public Areas
Remove and replace brick flooring with wood / marble / granite
120 Days
Lobby / Public Areas
Repair walls and replace wall vinyl
120 Days
Lobby/ Public Areas
Replace and update ceiling lighting
120 Days
Lobby/ Public Areas
Replace all ceiling tiles and ceiling grid
120 Days
Lobby/Public Areas
Replace artwork
120 Days
Lobby / Public Areas
Repair and replace all carpeted areas of coat check
120 Days
Lobby / Public Areas
Replace center meeting room / elevated space with new office space for sales development team
120 Days
Lobby / Public Areas
Replace and enhance entire AV and Wireless Internet systems
Immediate
Lobby/ Public Areas
Upgrade egress doors to open in accordance with current code requirements
90 days
Lobby / Public Areas
Replace sheetrock ceiling in south east entry
90 days
Meeting Rooms
Repair damaged walls and ceilings
180 days
Meeting Rooms
Repair and replace ceiling tile and grid
180 days
Meeting Rooms
Replace all interior lighting with modern upgraded fixtures
180 days
Meeting Rooms
Replace all Interior carpet
180 days
Meeting Rooms
Replace all signage
180 days
Meeting Rooms
Repair and paint doors
180 days
Meeting Rooms
Replace all linens
180 days
Page 71 of 205 1
Waterloo Convention Center
Leslie Hospitality
Development Agreement Exhibit B
Improvements
Page 72of205 2
Area
Task
Category
Meeting Rooms
Replace any damaged and worn tables and chairs
180 days
Facility -wide
Inspect fire sprinkler system and make any required improvements
90 days
Facility -wide
Mount fire sprinkler head box by sprinkler rise pipe
90 days
Facility -wide
Inspect fire alarm system and make any required improvements
90 days
Facility -wide
Inspect kitchen hood fire suppression system and make any required improvements
90 days
Facility -wide
Replace !amps in sockets where needed
90 days
Facility -wide
Inspect generator and make any required improvements
90 days
Facility -wide
Upgrade all egress and exit lighting
90 days
Facility -wide
Replace light switch and outlet covers as needed
90 days
Facility -wide
Replace lamps in sockets where needed
90 days
Facility -wide
Replace electric panel covers where needed
90 days
Facility -wide
Upgrade wiring where needed
90 days
Storage Areas
Re -organize and remove storage from prohibited corridor areas
90 days
Kitchen/Storage Areas
Reorganize storage to ensure 18" gap below fire sprinkler deflectors
90 days
Page 72of205 2
EXHIBIT "C"
MINIMUM ASSESSMENT AGREEMENT
his Minimum Assessment Agreement (the "Agreement") is entered into as of
, 2017, by and among the CITY OF WATERLOO, IOWA ("City"),
LK Holdings aterloo, 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" thereto, located in the City; and
WHEREAS, it is contemplated that pursuant to the Development Agreement, the
Company will undertake the development of an area ("Project") within the City and
within the Downtown Waterloo Urban Renewal and Redevelopment Plan Area; 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(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 Company as
a part of the Project shall not be less than $5,000,000 ("Minimum Actual Value") until
termination of this Agreement. The parties agree for purposes of this Agreement that
construction of the Improvements will be substantially completed on or before
December 31, 2019.
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,
2034. Nothing herein shall be deemed to waive the Company's rights under Iowa Code
§ 403.6, as amended, to contest that portion of any actual value assignment made by
Page 73 of 205
the Assessor in excess of the Minimum Actual Value established herein. In no event,
however, shall the 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.
CITY OF WATERLOO, IOWA
By:
Quentin M. Hart, Mayor
Attest:
elley Felc' e, 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 appeed 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.
LK HO
By.
ATERLOO, LLC
Edwin W. Leslie
Managing Member of Leslie
Hospitality Consulting, LLC, its
Managing Member
e �
• •
NANCY HICBY
COMMISSION NO.788229
MY COMMISSION EI XPIRES
2
Notary Public
Page 74 of 205
STATE OF )
) ss.
COUNTY OF )
Acknowledged before me oh , 2017 by Edwin W. Leslie as
Managing Member of Leslie Hospitality Consulting, LLC, Managing Member of LK
Holdings Waterloo, LLC.
Notary Public
3
Page 75 of 205
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 and
building upon completion of the development shall not be Tess than Five Million Dollars
($5,000,000).
STATE OF IOWA
COUNTY OF BLACK HAWK
Assessor for Black Hawk County, Iowa
Date
Subscribed and sworn to before me on , 2017, by T.J.
Koenigsfeld, Assessor for Black Hawk County, Iowa.
Notary Public
Page 76 of 205
EXHIBIT "D"
Criteria to Evaluate Service Satisfaction
The annual performance review will be conducted by weighing Company's
performance each fiscal year (July 1 to next June 30) against quantitative and
qualitative goals mutually established by the Performance Review Board in the
categories of (1) service satisfaction, (2) attendance, (3) maintenance and (4) other
measures. The definition of each category is as follows:
(1) "Service Satisfaction" is the level of satisfaction set annually by the
Performance Review Board, rating Company's performance in meeting the overall goals
of the Board. The Board will consider f the following sub -categories, giving
consideration to the criteria set forth for each sub -category and other relevant and
related considerations by using customer satisfaction surveys that encompass the
concepts outlined below. The initial survey document is attached. The Company and
the Performance Review Board can jointly approve periodic changes to the survey
document. Survey responses will be requested from event planners for each event by
an independent third party.
Cleanliness — Are the building and grounds consistently in a high state of
cleanliness? Is cleaning done beyond a surface level? Company shall have a
manual that outlines cleaning procedures, schedules and standards applicable to
the facility. Company will provide committee with a copy of the manual as well
as documentation of cleaning.
Event Execution — Do set-up and tear -down happen in a timely fashion? Is the
audio-visual equipment prepared appropriately for the event? Are the details
and expectations that are set out in the banquet event order matched? The
committee will review all customer surveys that Company receives.
Customer Service — Have Company and staff performed all duties in a
professional productive manner with the aim of ensuring a successful event and
experience for the client, ensured that client needs are met and operational
policies and procedures followed, and been responsive to requests by customers
and prospective customers to view the facility and to address inquiries
satisfactorily and in a timely manner?
Food and beverage service -- Is food served at the appropriate temperature?
Are guests being served the correct food? Does the quantity of food match what
was ordered by the customer? Are food and beverage served in a timely
fashion? Does the setup of food service adequately provide guests an
opportunity to serve themselves (banquet setup)? Are there enough beverages
available to guests? Are dirty plates, glasses, silverware cleared at the
appropriate time?
Page 77 of 205
(2) "Attendance" is the total number of persons attending events at the Facility in
a fiscal year, determined by recording the attendance at each usage and adding up the
total attendance for all usages for the year. For attendance figures to be counted in this
calculation, an event must be a contracted event, for which a contract has been
completed. Casual attendance resulting from such day-to-day activities such as facility
tours shall not be counted as attendance. Attendance will be compared to targets
previously set annually by the Board and scored accordingly on the scale described
below. The initial attendance targets would be scored as follows:
Annual attendance
Less than 30,000 0
30,000 or more and less than 40,000 1
40,000 or more and less than 50,000 2
50,000 or more and less than 65,000 3
65,000 or more 4
(3) "Maintenance" — Are all facility features, systems and mechanicals in good
working order and, if appropriate, of a presentable appearance? This standard will be
measured using the American Automobile Association inspection guidelines.
(4) "Other measures" encompasses the following evaluative issues:
Reports and communications — Has Company made regular reports (monthly,
unless otherwise noted) to the Board with attendance figures, property and
equipment maintenance, facility cleaning and post -event customer surveys?
Sales and marketing -- Has Company worked with the Convention & Visitors
Bureau to ensure that the facility event calendar is kept up-to-date, and met
regularly with Convention & Visitors Bureau sales team?
Compliance (Legal and Audit) — Has Company maintained all appropriate
permits and insurance and ensured that staff has appropriate training? Have
Company and its staff complied with all applicable local, state and federal laws?
Under this plan, the customer satisfaction surveys would be tabulated using the
scale indicated below. Attendance would be tabulated using the scale indicated under
item 2 above. For the "other measures" category, each Board member would complete
a score card at the end of each fiscal year for which a property tax rebate may be
payable. For each evaluation category, one of the following scores would be assigned:
0 — Fails to meet expectations
1 — Sometimes meets expectations
2 — Consistently meets expectations
3 — Meets and sometimes exceeds expectations
4 — Consistently exceeds expectations
2
Page 78 of 205
Each sub -category under "service satisfaction" will be separately scored, and then the
scores will be totaled, averaged and rounded to the nearest tenth of a point to
determine a score for the service satisfaction category as a whole, using the customer
satisfaction surveys.
The overall score on all evaluation criteria shall be the sum of (a) the service
satisfaction category score times 70%; (b) the attendance category score times 20%;
(c) the maintenance category score times 10%; and (d) the other measures category
score times 5%. Aggregate scores for the two major categories falling below three (3)
for more than one consecutive year would lead to Company being placed on probation
for the next year for tax rebate purposes. Company will be required to provide plans for
specific corrective measures. Failure to bring scores to three (3) or above by the end of
the probationary period may result in downward adjustment of the tax rebate as
provided in the Development Agreement. The scoring system and expectations for
scores will be reviewed annually by the Performance Review Board and modified as
deemed appropriate by a majority of all members of the Board.
3
Page 79 of 205
n�
W
0110
THE WATERLOO
CONVENTION CENTER
O- AT SULLIVAN BROTHERS PLAZA -
0
The Waterloo Convention Center requests your help. Please complete the following Customer Satisfaction Survey
y - based on the event you recently held with us. Thank you for your time.
Customer Name: Event Name: Our Sales Manager was:
�0 [Customer Name] [Project Name] [Project Number]
V J
45Meeting Planner Name:
[Project manager] Date of Event:
[Date]
E
O1. Did the Convention Services team deliver the results and quality that were promised?
0 Less than expected 0 As expected ❑ More than expected ❑ Consistently more
U la. Were key setup and service deadlines met with a "whatever it takes" attitude?
O Less than expected 0 As expected 0 More than expected ❑ Consistently more
lb. Was the team consistent in its approach to the event, its overall scope, and schedule?
O Less than expected 0 As expected
0 Vlore than expected ❑ Consistently more
lc. Did the Sales and Convention Services team guide your staff and meet your
expectations?
❑ Less than expected 0 As expected 0 More than expected 0 Consistently more
Customer Satisfdctiou Surny ' (Date] 1
Page 80 of 205
2. The Food Quality was ...
❑ Less than desirable ❑ As expected ❑ Better than expected ❑ Consistently better
2a. Was the food service timely?
❑ Less than expected ❑ As expected
2b. Was the presentation?
❑ More than expected ❑ Consistently more
❑ Less than expected ❑ As expected ❑ More than expected ❑ Consistently more
2c. Was the service team professional in dress, communication, etc.?
❑ Less than expected ❑ As expected
The overall service for your event ...
❑ More than expected ❑ Consistently more
❑ Less than desirable ❑ As expected ❑ Better than expected ❑ Consistently better
3. Comments / Testimonial -
[Add your comments here.]
❑ Please check this box to grant us permissions to use your company logo and testimonial on our website or in our
future marketing efforts.
❑ Please check this box if you are willing to act as a reference for our company in the future.3a. Would you
recommend the Waterloo Convention Center for a return visit for your group or for others?
❑ Yes ❑ No
Thank you very much for taking the time to complete this survey. Your feedback is valued and very much
apprecia ted!
Customer Safisfirdiau Survey • [Date] 2
Page 81 of 205
CITY OF WATERLOO
Council Communication
Resolution setting date of public hearing as August 28, 2017 to approve a Business Property Lease Agreement
with Crystal Distribution Services, Inc. for property located at 70-90 Sycamore Street for $1 annually until
December 31, 2022, and instruct City Clerk to publish notice.
City Council Meeting: 8/14/2017
Prepared: 8/9/2017
REVIEWERS:
Department
Planning & Zoning
Clerk Office
Reviewer
Schroeder, Aric
Even, LeAnn
ATTACHMENTS:
Description
D Crystal Business Property Lease
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Expenditure Required:
Source of Funds:
Policy Issue:
Action
Approved
Approved
Type
Backup Material
D ate
8/9/2017 - 11:31 AM
8/9/2017 - 2:09 PM
Resolution setting date of public hearing as August 28, 2017 to approve a
Business Property Lease Agreement with Crystal Distribution Services, Inc.
for property located at 70-90 Sycamore Street for $1 annually until
December 31, 2022, and instruct City Clerk to publish notice.
Submitted By: Noel Anderson, Community Planning and Development
Director
Approval
Crystal Distribution currently owns the building located at 70-90 Sycamore
Street. They will be constructing an addition to their location at 1656
Sycamore Street and as a part of the development agreement for their
addition the City of Waterloo is acquiring the property located at 70-90
Sycamore Street. Crystal Distribution will be utilizing the building until they
are able to consolidate all of their services to their 1656 Sycamore Street
location.
The City believes the property at 70-90 Sycamore Street is located within a
prime development area and will be able to open up opportunities for
redevelopment in the future.
Expenditures are outlined within Development Agreement. City will be
purchasing the building from Crystal Distribution through an Economic
Development Grant for $640,000.
N/A
Strategic Planning Policy 1, 3 and 4 regarding Economic Development
Page 82 of 205
Alternative: Not Approve
Legal Descriptions:
VIRDENS ADD WATERLOO PART OF LOTS 1 & 2 BLK 1 ALSO
PART OF BLK 1 MILL LOT DES AS FOL: BEG AT A PT ON NELY
LINE LOT 1 VIRDENS ADD THAT IS 126' NWLY OF MOST ELY
COR SAID LOT TH SWLY TO A PT ON SWLY LINE LOT 2
VIRDENS ADD THAT IS 126' NWLY OF MOST SLY COR LOT 2
TH NWLYALONG SWLY LINE SAID LOT 2 & EXTENSION
THEREOF A DIST OF 167.25' TH NELY 4.2T TO A PT 115.73'
FROM SWLY LINE SYCAMORE ST TH NWLY 9.04' TO A PT
THAT IS 8.5' PERPENDICULARLY DIST NELY FROM CENTER
LINE ILLINOIS CENTRAL RR TH NWLYALONG A LINE THAT
IS PAR & 8.5' PERPENDICULARLY DIST NELY FROM CENTER
LINE OF SAID TRACK A DIST OF 166.76' TH NELY ALONG A
LINE THAT IS PAR WITH NWLY LINE OF LOT 1 &2 A DIST OF
14.T TH NWLY IN A STRAIGHT LINE A DIST OF 63.8' TO A PT
THAT IS 38.5' SWLY OF THE SWLY LINE OF SYCAMORE ST TH
NELY ALONG A LINE THAT IS PERPEN- DICULAR TO SWLY
LINE SYCAMORE STADIST OF 38.5' TH SELY ALONG SWLY
LINE OF SYCAMORE ST TO THE PT OF BEG
also
VIRDENS ADD WLOO SELY 126 FT LOTS 1 & 2 BLK 1
Page 83 of 205
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 Crystal Distribution Services, Inc. ("Tenant"),
whose address for the purpose of this Lease is P.O. Box 1744, Waterloo, Iowa, 50704.
The parties acknowledge that Tenant has owned the leased premises and has conducted its business
thereon for several years and that Landlord purchased the premises from Tenant as provided in a certain
Development Agreement (the "DA") between the parties. The DA also provides for Tenant to construct new
facilities for its business at a different location.
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:
See Exhibit "A" attached hereto.
Commonly known as 70-90 Sycamore Street, Waterloo, Iowa,
with the improvements thereon and all rights, easements, and appurtenances thereto belonging, for a term
commencing upon execution of this Lease and continuing until and including December 31, 2022, 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 per year, in
advance, due upon signing of this Lease. No security deposit.
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; 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 in keeping with and incidental to general
commercial purposes such as Tenant currently conducts on the premises. Landlord has not reviewed zoning or
other applicable legal requirements or limitations imposed by any local, state, or federal governmental authority
that may affect Tenant's use of the premises, and Landlord makes no representation or warranty that the
premises is suitable for Tenant's intended use. Tenant shall conduct its own review of applicable law and shall
be solely responsible for meeting all legal requirements, including but not limited to building permits, licensure,
or governmental approval. 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
development 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. (But see paragraph 14, below.) 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. Each party shall perform its responsibilities of repair and
maintenance to the end that the premises will be kept in a safe and serviceable condition, Neither party will
permit nor allow the premises to be damaged or depreciated in value by any act, omission, or negligence of
itself, its agents or employees.
1
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(a) Tenant takes said premises in their present condition except for such repairs and alterations as may
be expressly herein provided or to which Landlord may hereafter give its prior written consent. Tenant
acknowledges that it is the former owner of the premises and that it is fully familiar with the condition of same.
(b) LANDLORD'S DUTY OF CARE AND MAINTENANCE. Landlord shall have no duty whatsoever to
care for or maintain the premises or any part thereof.
(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 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 control and/or clear ice and snow from all
sidewalks and parking areas on or abutting the premises.
(d) 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.
(e) Tenant shall have responsibility for and perform all acts necessary for compliance with the
Americans with Disabilities Act.
7. FACILITY SERVICES. (a) UTILITIES AND SERVICES. Tenant, during the term of this Lease, shall
pay before delinquency all charges for use of telephone, water, sewer, gas, electricity, power, television,
internet, 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.
(b) AIR CONDITIONING AND HEATING equipment shall be initially furnished by Landlord, and Tenant
shall maintain, repair, and replace same.
(c) JANITOR SERVICE shall be furnished at the expense of Tenant.
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 in good and clean condition, except the effects
of ordinary wear and tear and depreciation arising from lapse of time, or damage not covered by insurance,
(c) REMOVAL OF FIXTURES. Tenant may, at the expiration of the term of this Lease, or renewal or
renewals thereof or at a reasonable time thereafter, if Tenant is not in default hereunder, remove any equipment
which said Tenant has installed in the leased premises, providing said Tenant repairs any and all damages
caused by removal. Notwithstanding the foregoing, all leasehold improvements made by Tenant and all fixtures
installed by Tenant shall remain upon the premises and shall be the sole property of Landlord.
2
Page 85 of 205
(d) 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. Notwithstanding anything to the contrary in this
paragraph, Tenant may assign this Lease to the surviving entity in connection with any corporate merger,
consolidation or reorganization to which Tenant is a party.
10. PROPERTY TAXES. Tenant shall pay all installments of real estate taxes, and all increases in
installments, that would become delinquent if not paid during the term of this Lease. Tenant shall also timely
pay all taxes, assessments, or other public charges levied or assessed by lawful authority against its personal
property on the premises during the term of this Lease. Tenant shall pay all special assessments that would
become delinquent if not paid during the term of this Lease. Each party reserves the right to protest any
assessment of taxes.
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 Property for the benefit of the parties as their respective interest may
appear. Coverage shall be not less than $50,000. 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 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 are 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 $3,000,000
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.
(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, 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) occasioned by, or arising out of, any accident or other occurrence causing or inflicting injury and/or
damage to any person or property, that happens or is 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. 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.
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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, and which damage is reasonably repairable within sixty (60) days after its
occurrence, this Lease shall not terminate but the rent for the leased premises shall abate during the time of
such business interference. In the event of partial destruction, 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 Landlord, using diligent and timely effort, to obtain necessary permits and to repair and/or rebuild
so that Tenant is able to conduct its business an 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. (a) DISPOSITION OF AWARDS. Should the whole or any part of the demised
premises be condemned or taken by a competent authority for any public or quasi -public use or purpose, each
party shall be entitled to retain, as its own property, any award payable to it. Or in the event that a single entire
award is made on account of the condemnation, each party will then be entitled to take such proportion of said
award as may be fair and reasonable.
(b) DATE OF LEASE TERMINATION. If the whole of the demised premises shall be so condemned or
taken, the Landlord shall not be liable to the Tenant except and as its rights are preserved as in paragraph 14(a)
above.
15. TERMINATION OF LEASE; DEFAULTS OF TENANT; OTHER REMEDIES. (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 its usual and customary business activities on the
premises for more than fifteen (15) 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 ten (10) 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) BANKRUPTCY OR INSOLVENCY OF TENANT. In the event Tenant is adjudicated a bankrupt or
in the event of a judicial sale or other transfer of Tenant's leasehold interest by reason of any bankruptcy or
insolvency proceedings or by other operation of law, but not by death, and such bankruptcy, judicial sale, or
transfer has not been vacated or set aside within ten (10) days from the giving of notice thereof by Landlord to
Tenant, then and in any such events Landlord may, at its option, immediately terminate this Lease and, upon
giving of ten (10) days' written notice by Landlord to Tenant, re-enter said premises, all to the extent permitted
by applicable law.
(c) OTHER REMEDIES. In addition to any remedies set forth in this Section 15 or otherwise available
under applicable law, in the event of a default Landlord may exercise any one or more of the following remedies:
(1) Declare due, sue for, and receive from Tenant the sum of all payments and other amounts then due and
owing under this Lease, plus the accelerated balance of future payments; (11) Terminate this Lease; (iii) Collect
from Tenant all other amounts due and owing under this Lease; (iv) Charge interest on all sums due hereunder
from and after the date of default at the rate of 18% per annum, compounded monthly, until paid in full, but in no
event more than the maximum rate permitted by law. In addition, Landlord may use any other remedies
available to it under applicable law,
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(d) In the circumstances described in paragraphs (a) -(c) above, waiver as to any default shall not
constitute a waiver of any other or subsequent default, and no delay in exercising any right or remedy shall
operate as a waiver of any right or remedy or modify the terms of this Lease. Remedies will be applied
cumulatively, to the extent allowed by law. Tenant agrees to pay Landlord all costs and expenses, including
attorneys' fees, incurred by Landlord in exercising or attempting to exercise any of its rights or remedies or in
defending against the claims of Tenant. If appropriate in the circumstances, remedies will include those
available under UCC Article 9. 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.
(e) The parties agree to the jurisdiction and venue of the Iowa District Court for Black Hawk County in
any action to construe, interpret, or enforce this Lease. EACH PARTY HEREBY WAIVES ITS RIGHT TO A
JURY TRIAL WITH RESPECT TO ANY MATTER ARISING OUT OF OR IN ANY WAY RELATED TO THIS
LEASE, WHETHER DIRECTLY OR INDIRECTLY.
(f) Acceptance of keys, advertising, and re -renting by the Landlord upon the Tenant's default shall be
construed only as an effort to mitigate damages by the Landlord, and not as an agreement to terminate this
Lease.
16. RIGHT OF EITHER PARTY TO MAKE GOOD ANY DEFAULT OF THE OTHER. If default shall be
made by either party in the performance of, or compliance with, any of the terms, covenants, or conditions of
this Lease, and such default shall have continued for thirty (30) days after written notice thereof from one party
to the other, the person aggrieved, in addition to all other remedies now or hereafter provided by law, may, but
need not, perform such term, covenant, or condition, or make good such default, and any amount advanced
shall be repaid forthwith on demand, together with interest at the rate of 10% per annum from the date of
advance.
17. SIGNS. (a) 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 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.
(b) Landlord during the last ninety (90) days of this Lease, or extension, shall have the right to maintain
in the windows or on the building or on the premises either or both a "For Rent" or "For Sale" sign and Tenant
will permit, at such time, prospective tenants or buyers to enter and examine the premises.
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 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; provided, however,
5
Page 88 of 205
that the Tenant shall, in such instance and at its own expense, substitute for such items of personal property so
sold or otherwise disposed of, a new or other item in substitution thereof, in like or greater value and adopted to
the affixed operation of the business upon the leased premises (unless no substituted article or item is
necessary).
21. OTHER PROVISIONS. N/A.
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 snail and so deposited in a United States mail box.
24. BINDING
binding upon the
except that if any
tenant.
EFFECT. Each and every covenant and agreement herein contained shall extend to and be
respective heirs, personal representatives, successors, and assigns of the parties hereto;
part of this Lease is held in joint tenancy, the successor in interest shall be the surviving joint
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.
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 Crystal Distribution Services, Inc.
By:
Quentin Hart, Mayor
Attest:
Kelley Felchle, City Clerk
6
By:
Title:
Page 89 of 205
EXHIBIT "A"
Legal Description
VIRDENS ADD WATERLOO PART OF LOTS 1 & 2 BLK 1 ALSO PART OF BLK 1 MILL LOT DES AS FOL:
BEG AT A PT ON NELY LINE LOT 1 VIRDENS ADD THAT 1S 126' NWLY OF MOST ELY COR SAID LOT TH
SWLY TO A PT ON SWLY LINE LOT 2 VIRDENS ADD THAT IS 126' NWLY OF MOST SLY COR LOT 2 TH
NWLY ALONG SWLY LINE SAID LOT 2 & EXTENSION THEREOF A DIST OF 167.25' TH NELY 4.27' TO A
PT 115.73' FROM SWLY LINE SYCAMORE ST TH NWLY 9.04' TO A PT THAT IS 8.5' PERPENDICULARLY
DIST NELY FROM CENTER LINE ILLINOIS CENTRAL RR TH NWLY ALONG A LINE THAT IS PAR & 8.5'
PERPENDICULARLY DIST NELY FROM CENTER LINE OF SAID TRACK A DIST OF 166.76' TH NELY
ALONG A LINE THAT IS PAR WITH NWLY LINE OF LOT 1 &2 A DIST OF 14.7' TH NWLY IN A STRAIGHT
LINE A DIST OF 63.8' TO A PT THAT IS 38.5' SWLY OF THE SWLY LINE OF SYCAMORE ST TH NELY
ALONG A LINE THAT IS PERPENDICULAR TO SWLY LINE SYCAMORE ST A DIST OF 38.5' TH SELY
ALONG SWLY LINE OF SYCAMORE ST TO THE PT OF BEG.
and
VIRDENS ADD WLOO SELY 126 FT LOTS 1 & 2 BLK 1.
7
Page 90 of 205
CITY OF WATERLOO
Council Communication
Resolution setting date of public hearing as August 28, 2017 to approve an amendment to the City of Waterloo
Zoning Ordinance No. 5079 to update multiple sections regarding regulations for hobby farms and farm
animals, and other miscellaneous updates, and instruct City Clerk to publish notice.
City Council Meeting: 8/14/2017
Prepared: 8/7/2017
REVIEWERS:
Department Reviewer Action Date
Planning & Zoning Schroeder, Aric Approved 8/9/2017 - 10:05 AM
Clerk Office Even, LeAnn Approved 8/9/2017 - 2:02 PM
ATTACHMENTS:
Description Type
a Ordinance Amendment - Hobby Farms - P&Z Backup Material
recommended
❑ Summary of changes between versions Backup Material
a Councilperson Morrissey recommended changes to Backup Material
Hobby Farm
SUBJECT:
Resolution setting date of public hearing as August 28, 2017 to approve an
amendment to the City of Waterloo Zoning Ordinance No. 5079 to update
multiple sections regarding regulations for hobby farms and farm animals,
and other miscellaneous updates, and instruct City Clerk to publish notice.
Submitted by: Submitted By: Aric Schroeder, City Planner
Recommended Action: Approval of the resolution setting a date of public hearing.
Staff is proposing multiple changes to the City of Waterloo Zoning
Ordinance No. 5079 regarding hobby farms and farm animals. The
amendment would change multiple definitions that relate to farm animals, and
make changes to how farm animals are regulated, including changes in the
"A-1" Agricultural District, "R -R" Rural Residence District, and "R-1" One
and Two Family Residence District (which said "R-1" regulations apply in
all other zoning districts as well). It also updates the wording and
requirements in the Special Permit section, requiring a Special Permit for
most, but not all hobby farms, and creates a new section specifically
regulating hobby farms, which are called an Urban Animal Hobby Farm
(UAHF). This is a summary of the major changes but does not cover all
changes. A complete copy of the proposed changes, showing strike through
of wording proposed to be removed and underlined for wording proposed
to be added is also attached. The Planning, Programming and Zoning
Commission held a hearing on June 6, 2017 and unanimously recommended
approval of the proposed amendment, but at the July 10, 2017 Council
meeting the item was remanded back to the Commission for additional
Page 91 of 205
Summary Statement:
Expenditure Required:
Source of Funds:
Policy Issue:
Background Information:
review and recommendation. The Commission held a hearing on August 1,
2017 and recommended approval of the amendment on a 6-1 vote with the
following changes to the previously recommended version:
- Peacocks would not be prohibited, and would instead be moved from the
"small" sized animals to the "large/intermediate" sized animals.
- Minimum fenced (confined) area and density for "small" sized animals
changed to two animals for the first 5,000 SF and one additional for every
2,500 SF thereafter with a maximum of eight small animals.
- Wording added to indicate no butchering of animals outside of an enclosed
building.
The changes for peacocks and butchering are consistent with the changes as
recommended by Councilperson Morrissey. The changes for fenced
(confined) area and density are similar to as recommended by Councilperson
Morrissey, reducing the minimum fenced (confined) area to 5,000 SF, but
differ in only recommending allowing 2 small animals for that initial 5,000 SF
instead of 4 as Councilperson Morrissey recommended, and recommending
allowing one additional for each 2,500 SF thereafter instead of one additional
for each 1,250 SF thereafter as Councilperson Morrissey recommended.
The Commission recommended leaving the consent petition requirement to
avoid needing Special Permit approval with 100% of abutting property
owners and 60% of the owners within 250 radial feet, instead of the change
recommended by Councilperson Morrissey of requiring 100% of abutting
property owners and owners "across the street" and eliminating the 60%
within 250 radial feet requirement. The Commission discussed that defining
"across the street" could be tricky, and discussed that because the
minimum fenced (confined) area is being reduced significantly from 20,000
SF to 5,000 SF that the requirement to have 60% of the owners within 250'
should remain if an applicant is to avoid the Special Permit requirement.
none
n/a
Zoning Ordinance
Prior to 2011 most farm animals were not permitted within the City of
Waterloo with limited exceptions. In 2011, as part of the major overhaul to
the entire Zoning Ordinance, hobby farms were added to the Zoning
Ordinance, but were required to obtain Special Permit approval (requires
recommendation of the Planning Commission and final approval by the
Board of Adjustment). But the ordinance did not provide any standards for
issuance of a Special Permit. After several requests for Special Permit for a
hobby farm were tabled indefinitely, the Commission and Board asked
Planning staff to re-evaluate hobby farms and propose an amendment that
would provide more standards for where and how they would be permitted.
The Planning Commission is a recommending body only, and the final
decision on wording of the Ordinance is up to the City Council, however the
Zoning Ordinance provides that if an amendment to the Zoning Ordinance is
disapproved by the Commission, then it can only be effective by favorable
vote of at least 3/4 of all members of the Council (so 6 of 7 votes). The
Planning Commission has recommended approval of the proposed
Page 92 of 205
amendment as attached, but it is unknown if they would have recommended
approval of a different proposal. The Attorney's Office has recommended
that the Ordinance be acted on as recommended by the Commission and
have recommended that if a majority of the Council wants to consider
additional changes, the request should be remanded back to the Commission
for further review and recommendation.
Legal Descriptions: n/a
Page 93 of 205
Amendment to the City of
Waterloo Zoning Ordinance
Changes and Updates to the City of Waterloo Zoning Ordinance, including:
- Section 10-3-1 Definition: update definition of Abutting to include adjoining
- Section 10-3-1 Definitions: update definition of Animals, Household Pet to add reference to
"when housed within a dwelling" for rabbits
- Section 10-3-1 Definitions: update definition of Animals, Livestock
- Section 10-3-1 Definitions: update definition of Farm, Hobby to refer to Urban Animal Hobby
Farm (UAHF)
- Section 10-3-1 Definitions: update definition of Feed Lot to prohibit new or expanded feed lots.
- Section 10-3-1 Definitions: add a definition of Urban Animal Hobby Farm (UAHF)
- Section 10-6-1 "A-1" Agricultural District Principal Permitted Uses: update regulations pertain-
ing to farm animals, livestock and specialized animal farms
- Section 10-7-1 "R -R" Rural Residence District Principal Permitted Uses: update regulations per-
taining to farm animals, livestock and specialized animal farms
- Section 10-8-1 "R-1" One and Two Family Residence District Principal Permitted Uses: update
regulations pertaining to farm animals, livestock and specialized animal farms
- Section 10-27-1 (H)(26) Update Hobby Farm as a Special Permit use
- Section 10-27-1 (U) Create a new Section U regulating Urban Animal Hobby Farms (UAHF)
Ordinance No. Amending Ordinance No. 5079
Planning and Zoning Commission Hearing: August 1, 2017
City Council Approval:
Page 94 of 205
CHAPTER 1
TITLE AND PURPOSE 10-1-1 TITLE AND PURPOSE.
CHAPTER 1
TITLE AND PURPOSE
[Ordinance 3196, 2/22/82]
10-1-1 TITLE AND PURPOSE.
A. Title.
This Ordinance shall be known and may
be cited and referred to as the "Zoning Ordi-
nance" of the City of Waterloo, Iowa.
B. Purpose.
The purpose of this Ordinance shall be to
promote the health, safety, morals, order,
convenience, prosperity and general welfare;
to conserve and protect the value of property
throughout the City and to encourage the
most appropriate use of land; to lessen con-
gestion in the streets; to prevent the over-
crowding of land; to avoid undue concentra-
tion of population; and to facilitate the ade-
quate provision of transportation, water,
sewerage, schools, parks and other public re-
quirements.
C. Authority.
This Ordinance is adopted in accordance
with the City of Waterloo Comprehensive
Plan, as amended, and as permitted and spe-
cifically authorized in Chapter 414, City Zon-
ing, Code of Iowa, as amended.
CHAPTER 2
INTERPRETATION OF
STANDARDS
10-2-1 INTERPRETATION OF
STANDARDS.
In their interpretation and application, the
provisions of this Ordinance shall be held to
be the minimum requirements and shall be
liberally construed in favor of the governing
body and shall not be deemed a limitation or
repeal of any other powers granted by State
1
statutes. Where provisions or requirements
of this Ordinance conflict, the most restrictive
provision or requirements applies, unless
otherwise specified.
10-2-2 INTERPRETATION PERTAINING
TO FLOOD PLAIN MANAGEMENT.
[Ordinance 3487, 6/15/87]
In their interpretation and application, the
provisions of this Ordinance shall be held to
be the minimum requirements and shall be
liberally construed in favor of the governing
body and shall not be deemed a limitation or
repeal of any other powers granted by State
statutes. Where provisions or requirements
of this Ordinance conflict, the most restrictive
provision or requirement applies, unless oth-
erwise specified. [Ordinance 5049, 6/20/11]
CHAPTER 3
DEFINITIONS
[Ordinance 3175, 12/14/81]
[Ordinance 3378, 12/17/84]
10-3-1 DEFINITIONS.
For the purpose of this Ordinance, certain
terms and words are hereby defined. Words
used in the present tense shall include the
future, the singular number shall include the
plural and the plural number includes the
singular; the word "shall" is mandatory, the
word "may" is permissive; and the word
"person" includes a firm, association, organi-
zation, partnership, trust, company, or corpo-
ration as well as an individual; the words
"used" or "occupied" include the words in-
tended, designed, or arranged to be used or
occupied. The word "lot" includes the words
plot or parcel.
Abutting: Having property or district
lines in common, adjoining.
Accessory Structure: A structure located
on the same lot with the principal use or
Page 95 of 205
CHAPTER 3
DEFINITIONS
10-3-1 DEFINITIONS.
premise consumption), commonly
known as a liquor store or similar
establishment.
e. Non -Limited Alcohol Sales use
(on -premise consumption), which
shall include any alcohol sales use
with on -premise consumption that
does not meet the definition of ei-
ther an incidental alcohol sales use
or a limited alcohol sales use (on -
premise consumption), commonly
known as a bar, tavern, night club,
dance hall or similar establish-
ment.
Alley: A public way, other than a street,
affording secondary means of access to abut-
ting property.
Animals, Farm: Animals other than
household pets, such as livestock, that, where
permitted, are kept and maintained for com-
mercial production and sale, family food or
by-product production, and/or educational
or recreational purposes.
Animals, Household Pet: Includes, but is
not limited to, dogs, cats, rabbits (when
housed within a dwelling), birds, hamsters,
and other similar animals kept for family en-
joyment or companionship, and not for com-
mercial or economic reasons. See also "Ken-
nel".
Animals, Livestock: Includes, but is not
limited to, horses, cows, pigs, sheep, chickens
and poultry (excluding roosters), goats, os-
triches, rheas, emus, farm deer, and other
similar animals that are typically raised for
meat, wool, eggs, milk or other functional or
economic uses. Roosters, camel, guinea, fal-
con, peacee or any exotic animals as deter-
mined in the reasonable discretion of the City
Planner or designee shall be prohibited with-
in the City of Waterloo. Swine (including pot
belly pigs) shall be prohibited within the City
of Waterloo except as provided in Section 5-1-
2 of the Code of Ordinances.
5
Amendment: A change, supplement, revi-
sion or reclassification in the Zoning Ordi-
nance. An amendment can take three (3)
forms: (1) a comprehensive revision or modi-
fication of the zoning text and map; (2) a text
change in zone requirements; and (3) a
change in the map, i.e., the zoning desig-
nation of a particular parcel or parcels.
Apartment: A dwelling unit in a multiple
dwelling.
Apartment Hotel: A building containing
both dwelling units and rooming units, used
primarily for permanent occupancy.
Apartment House: See Dwelling, Multi-
ple.
Auction Establishments: Any property or
structure devoted to public auction or sales,
two (2) or more times a year, for selling of
private property or consigned goods, except
as provided in Section 3-4A-2 of the City
Code.
Base Flood: The flood having one (1) per-
cent chance of being equaled or exceeded in
any given year. (See One Hundred (100) Year
Flood). [Ordinance 5049, 6/20/11]
Basement: A story having part but not
more than one-half (1/2) of its average height
below grade. A basement is counted as a sto-
ry for the purpose of height regulations. A
basement may be used as a habitable floor
subject to the requirements of the currently
adopted Building Code. For floodplain man-
agement purposes only, a basement shall
mean any enclosed area of a building having
its floor or lowest level below ground level
(subgrade) on all sides. [Ordinance 5049,
6/20/11]
Bed and Breakfast: A building other than
a hotel where, for compensation, meals or
lodging are provided on a short-term basis.
Short-term shall be defined as two weeks or
less.
Billboard: "Billboard" as used in this Or-
dinance shall include all structures regardless
of the material used in the construction of the
Page 96 of 205
CHAPTER 3
DEFINITIONS
10-3-1 DEFINITIONS.
the City of Waterloo. May also be referred to
as "existing structure". [Ordinance 5049,
6/20/11]
Factory -Built Home Park or Subdivision:
A parcel or contiguous parcels of land divid-
ed into two or more factory -built home lots
for rent or sale. [Ordinance 3487, 6/15/87] Any
such development that will classify the struc-
tures as non -real estate will require a Special
Permit, as a mobile home park or subdivision.
[Ordinance 5049, 6/20/11]
Factory -Built Housing: A factory -built
structure designed for long-term residential
use. For the purposes of these regulations,
factory -built housing consists of three (3)
types: modular homes, mobile homes, and
manufactured homes.
Factory -Built Structure: Any structure,
designed for residential use, which is wholly
or in substantial part, made, fabricated,
formed or assembled in manufacturing facili-
ties for installation or assembly and installa-
tion, on a building site. For the purpose of
this Ordinance, including floodplain man-
agement, factory -built homes include mobile
homes, manufactured homes and modular
homes and also include park trailers, travel
trailers and other similar vehicles placed on a
site for greater than 180 consecutive days.
[Ordinance 5049, 6/20/11]
Family: One or more persons occupying a
single dwelling unit, provided that unless all
members are related by blood, marriage, or
adoption, no such family shall contain over
four (4) persons. This provision shall not re-
strict children under foster care or exchange
students.
Family Home: Family home providing
care for the mentally or physically dependent
under Iowa Code Chapter 135C or as a child
foster care facility under Iowa Code Chapter
237 to provide room and board, personal
care, rehabilitation services, and supervision
within a family home for not more than eight
(8) mentally or physically dependent individ-
uals. [Ordinance 3959, 7/26/93] [Ordinance
9
4554, 6/3/02] Family Home shall also refer to
homes for other individuals protected by the
Fair Housing Amendments Act.
Farm: An area comprising thirty-five (35)
acres or more which is used for the growing
of usual farm products, such as vegetables,
fruits, and grain and their storing on the area,
as well as for the raising thereon of the usual
farm poultry and farm animals. The term
"farming" includes the operation of such area
for uses for treating or storing the food pro-
duce, provided, however, that the operation
of any such accessory uses shall be secondary
to that of the normal farming activities and
such accessory uses do not include the feed-
ing of garbage or offal to swine or other ani-
mals.
Farm, Hobby: A small gathering of farm
animals, excluding large animals such as cat
tic, horses, elk, dccr or similar large animals.
Such animals may be kcpt for commercial
production and sale, family food or by
product production, and/or educational or
recreational purposes, but not as a primary
source of incomc.See Urban Animal Hobby
Farm (UAHF).
Farm House: A house located on land
operated as a farm which is, or will be, occu-
pied by a person engaged in agriculture on
that same unit.
Fast Food: See Restaurant.
Feed Lot: Any parcel of land or premises
on which the principal use is the concentrated
feeding within a confined area of cattle, hogs,
or sheep. After January 1, 2018 no new feed
lot shall be established, and no existing feed
lot shall be expanded in area, except those
meeting Urban Animal Hobby Farm (UAHF)
requirements.
Fence, Non -Residential: A barrier and/or
structure erected accessory to a non-
residential use and not located in an "R" Dis-
trict intended to provide security, mark a
boundary or a means of landscaping with no
portion of fence extending onto adjacent
Page 97 of 205
CHAPTER 3
DEFINITIONS
10-3-1 DEFINITIONS.
structures on separate lots with diverse own-
ership shall be required to meet all applicable
codes and ordinances regarding building,
fire, water and utility connections, drainage,
subdivision, etc., and shall provide perma-
nent cross easements for access, parking, and
utilities and permanent maintenance agree-
ments for shared infrastructure, such as the
parking and vehicular use areas, storm water
detention, utility connections, etc. [Ordinance
4774, 06/06/05]
Structural Alterations: Any replacement
or changes in the types of construction or in
the supporting members of a building such as
bearing walls or partitions, columns, beams,
or girders, beyond ordinary repairs and
maintenance.
Structure: Anything constructed or erect-
ed including, but not limited to, buildings,
mobile homes, factory built homes, fences,
billboards and signs. [Ordinance 4725,
09/20/04]
Structure, Height of The vertical distance
from the average grade to the highest point.
See "Building, Height of" for buildings.
Structure, Principal: The main or primary
structure on a lot used or intended for use for
a principal use. This shall not prohibit more
than one principal structure on a lot if all oth-
er requirements of this Ordinance are met.
Substance Abuse Facility: See Group
Home (Supervised or Unsupervised) [Ordi-
nance 4554, 6/3/02]
Substantial Damage: Damage of any
origin sustained by a structure whereby the
cost of restoring the structure to its before -
damage condition would equal or exceed 50%
of the market value of the structure before the
damage occurred. [Ordinance 3810, 8/19/91]
Substantial Improvement: Any im-
provement to a structure which satisfies ei-
ther of the following criteria: 1.) Any repair,
reconstruction, rehabilitation, addition or im-
provement of a structure, the cost of which
equals or exceeds 50% of the market value of
21
the structure either (a) before the start of con-
struction of the improvement, or (b) if the
structure has been substantially damaged and
is being restored, before the damage oc-
curred. The term does not, however, include
either (1) any project for improvement of a
structure to correct existing violations of state
or local health, sanitary or safety code specifi-
cations which have been identified by the lo-
cal code enforcement officer and which are
the minimum necessary to assure safe living
conditions or (2) any alteration will not pre-
clude the structure's continued designation as
a "historical structure." [Ordinance 3810,
8/19/91] 2.) Any addition that increases the
original floor area of a building by 25 percent
or more. All additions constructed after July
3, 1985 shall be added to any proposed addi-
tion in determining whether the total increase
in original floor space would exceed 25 per-
cent. [Ordinance 5049, 6/20/11]
Trailer: See "Mobile Home."
Trailer Park: See "Mobile Home Park."
Urban Animal Hobby Farm (UAHF): A
small gathering of farm animals kept for
commercial production and sale, family food
or byproduct production, and/or educational
or recreational purposes, but not as a primary
source of income. Animals not allowed as
part of a UAHF include swine (including pot
belly pigs), camels, roosters, guinea, falcon,
mor any exotic animals as determined
in the reasonable discretion of the City Plan-
ner or designee. Horses shall not be regulat-
ed as part of a UAHF.
Used Car Lot: A designated location
wherein proper and adequate facilities shall
be maintained for displaying, reconditioning
and repairing any motor vehicle of a type
subject to registration under the laws of the
State of Iowa.
Use, Principal: The main or primary
purpose for which a building, structure or lot
is designed, arranged, or intended, or for
which they may be used, occupied, or main-
tained under this Ordinance.
Page 98 of 205
CHAPTER 6
"A-1" AGRICULTURAL DISTRICT 10-6-1 REGULATIONS.
pruning, mowing of lawns, adequate wa-
tering for all plant life, and also weeding
in accordance with the Tree and Shrub
Care Guidelines as set in forth by the Wa-
terloo Park Commission. The owner shall
also be responsible for any replacement,
as necessary, in order to preserve the
landscaping plan as approved by this Sec-
tion. The responsibility to maintain the
landscaping shall include the parking
strip located between the private property
line and the public street or highway, di-
rectly adjacent to the owner's property. A
maintenance and right to enter agreement
shall be signed prior to a building permit
being issued.
6. Submittal Requirements.
Submittal for landscape approval shall
include a separate planting plan showing
type, size, and number of plantings; a site
plan showing total area and total land-
scaped area and any supplementary in-
formation as required to demonstrate con-
formance to the landscape requirements.
Any deviations from the approved land-
scape plan must receive approval from
the City Planner or his/her designated
representative prior to installation.
7. Measured Compliance.
The following point schedule and
conditions apply to required landscaping
in all zones and shall be used in determin-
ing achieved points for required planting:
Overstory Trees
4 inch caliper or greater 100 points
3 inch caliper or greater 90 points
2 inch caliper or greater 80 points
Trees with caliper of more
than 4 inches 25 points per inch
Understory Trees
2 inch caliper or greater 40 points
11/2 inch caliper or greater 30 points
1 inch caliper or greater 20 points
41
Shrubs
5 gallon or greater
2 gallon or greater
Conifers
10 foot height or greater
8 foot height or greater
6 foot height or greater
5 foot height or greater
4 foot height or greater
3 foot height or greater
10 points
5 points
100 points
90 points
80 points
40 points
30 points
20 points
[Ordinance 3907, 12/21/92]
CHAPTER 6
"A-1" AGRICULTURAL
DISTRICT
10-6-1 REGULATIONS.
The regulations set forth in this Chap-
ter and those contained in Chapter 5 shall
apply in the "A-1" Agricultural District.
The "A-1" District is intended to provide for
areas of the community which are suitable for
agricultural and interrelated agricultural uses
that are adjacent to residential, commercial or
industrial districts. Any outside storage of
materials or equipment shall be limited and
clearly incidental and accessory to the Princi-
pal Permitted Use, and shall not include the
outside storage of junk or salvage material or
similar debris. Outside storage of materials or
equipment shall not be permitted in a front
yard. This provision shall not restrict the
outside storage of licensed and operable ve-
hicles or agricultural equipment or machinery
that are accessory and clearly incidental to
the Principal Permitted Use.
A. Principal Permitted Uses:
1. Agricultureal, farming and the usual
agricultural buildings and structures,
including specialized animal farms,
provided that no structures shall be
permitted unless accessory to another
Principal Permitted Use or unless
such structures are located on a farm
Page 99 of 205
CHAPTER 6
"A-1" AGRICULTURAL DISTRICT 10-6-1 REGULATIONS.
as defined herein. Any fenced con-
finement area (excluding pastures) for
farm animals shall have a minimum
10 -foot setback from all property lines.
Also a single-family dwelling provid-
ed that the owner/ occupant is active-
ly engaged in the farming operation
and is a member of the farm owner's
immediate family. For the purpose of
this Section, the immediate family
shall be interpreted as father, mother,
son, daughter, wife, husband, brother,
sister, grandparent or grandchild.
Only one (1) lot that is a minimum of
three (3) acres for this purpose shall
be separated from a farm and at least
thirty-five (35) acres shall remain after
the transfer with the farm. [Ordinance
4656, 11/10/03]
2. Truck gardening and nurseries [Ordi-
nance 4656, 11/10/03], provided how-
ever that any structures associated
with such uses shall comply with Sec-
tion 10-5-1(E) as if accessory to a sin-
gle family residence, unless such uses
are located on a farm as defined here-
in.
3. Pigeon, rabbit and other specialized
animal farms, but not including the
feeding or disposal of community or
collected garbage.
4.3. Stables, public and private, riding
academies and clubs, and riding are-
nas, where there exists a minimum lot
size of ten (10) acres and an area de-
voted to such purposes of at least five
thousand (5,000) square feet per ani-
mal and provided further that no
structure or building for the stabling
of horses or tethering area be closer
than fifty (50) feet from abutting resi-
dential properties. The area devoted
to such uses shall be kept in a clean
and sanitary condition. Private (non-
commercial) stables shall not be sub-
ject to the ten (10) acres requirement.
42
5.4. Grain elevators with usual accessory
structures and the seasonal storage of
coal whenever on or adjacent to and
not more than one hundred (100) feet
from a railway right-of-way.
675. Mining and extraction of minerals or
raw material, including sand or gravel
pits or borrow sites, upon approval of
a Special Permit by the Board of Ad-
justment after review by the Commis-
sion.
776. Airports and landing fields, with Fed-
eral Aviation Administration approv-
al if required.
8:7. Forest and forestry.
978. Parks, playgrounds, recreational
trails, and similar recreational uses.
4079.Any public building or use erected or
maintained by any department of the
city, township, county, state or federal
government a public agency, upon
approval of a Special Permit by the
Board of Adjustment after recom-
mendation of the Commission, except
as provided in Section 10-27-1.
4710.Public utility structures and equip-
ment necessary for the operation
thereof in accordance with Section 10-
27-1.
4-2711.Transmitting stations and towers in
accordance with Section 10-27-1.
4-3712.Recreational vehicles as defined
herein, within special flood hazard ar-
eas zoned A, AH, AO and AE on the
Flood Insurance Rate Map must:
1. Be on the site for fewer than 180
consecutive days, and
2. Be fully licensed and ready for
highway use.
A recreational vehicle is ready for
highway use if it is on its wheels or
jacking system, is attached to the site
only by disconnect type utilities and
Page 100 of 205
CHAPTER 6
"A-1" AGRICULTURAL DISTRICT 10-6-2 HEIGHT REGULATIONS.
security devices, and has no perma-
nent attached additions. [Ordinance
4125, 9/11/95] A recreational vehicle
that is accessory to a Principal Permit-
ted Use and is fully licensed and
ready for highway use may be on the
site for more than 180 consecutive
days for storage purposes only and
not living quarters. [Ordinance 5049,
6/20/11]
4413.Single-family homes that were legal-
ly built prior to adoption of Ordinance
2479, adopted 02/03/69. For the pur-
poses of this Ordinance, any such le-
gally established dwelling is not con-
sidered a non -conforming use as de-
fined herein, but is considered a legal
use. Furthermore, any such legally es-
tablished dwelling may be rebuilt on
the same lot as legally established,
provided that all other rules and regu-
lations of this Ordinance are met.
However, such rebuild must occur
within two (2) years of the removal of
the original structure or within two (2)
years of removal of a legal replace-
ment structure. [Ordinance 4656,
11/10/03] [Ordinance 5288, 06/15/15]
15.14.Public and parochial schools and
other educational institutions having
an established current curriculum
similar to that ordinarily given in Wa-
terloo public schools, and colleges,
universities, or institutions of higher
education, upon approval of a Special
Permit by the Board of Adjustment af-
ter review by the Commission.
16.15.Large Wind Energy Facilities upon
approval of a Special Permit by the
Board of Adjustment after review by
the Commission and in accordance
with Section 10-27-1.
B. Accessory Uses:
1. Accessory uses and structures cus-
tomarily incidental to any of the
above uses. [Ordinance 4724, 9/20/04]
2. Repealed by Ordinance 4724, 9/20/04.
10-6-2 HEIGHT REGULATIONS.
Any building hereafter erected or
structurally altered may be erected to any
height not in conflict with other existing or
future ordinances of the City of Waterloo.
10-6-3 BULK REGULATIONS.
The following minimum requirements
shall be observed, subject to the modified re-
quirements contained in Section 10-27-1:
"A-1" AGRICULTURAL DISTRICT
USE
MINIMUM
LOT AREA
MINIMUM
LOT WIDTH
MINIMUM
LOT AREA
PER FAMILY
MINIMUM
FRONT
YARD (1)
MINIMUM
SIDE
YARD
MINIMUM
REAR YARD
Farm Building or Farm
35 Acres
No Minimum
35 Acres
50 Feet
25 Feet
50 Feet
House
Single Family Dwellings
built prior to Ordinance
1.5 Acres
150 Feet
1.5 Acres
50 Feet
25 Feet
50 Feet
Other Permitted Uses
1.5 Acres
No Minimum
1.5 Acres
50 Feet
50 Feet
50 Feet
(1) The front yard depth of any lot abutting on a "Major Street" shall be measured from the proposed right-of-way lines as shown on
the Official Major Street Plan.
43
Page 101 of 205
CHAPTER 7
"R -R" RURAL RESIDENCE DISTRICT 10-7-1 PURPOSE.
CHAPTER 7
"R -R" RURAL RESIDENCE
DISTRICT
[Ordinance 4616, 6/9/03]
10-7-1 PURPOSE.
The "R -R" Rural Residential District is
intended to provide regulations for land
that is being converted to large lot resi-
dential uses. Lots to be included in this
District must be larger than one and one
half (1.5) acres but smaller than ten (10)
acres. Because availability of either water
or sewer services for properties in this
District are provided through the use of
individual wells or rural water type sys-
tem and septic systems they must meet
Board of Health standards. Areas to be
developed shall be conducive to the con-
struction and operation of onsite waste
treatment systems and private water
wells to be determined by the Black
Hawk County Health Department. The
Health Department may require an engi-
neered plan for onsite waste treatment
systems and private water wells. The
purpose of this District is to restrict the
permitted uses to those that are compati-
ble with agricultural, residential, and en-
vironmentally sensitive areas. Individu-
als building in this area should be made
aware of potential conflicts with agricul-
tural uses (such as the spreading of ma-
nure) and that the City of Waterloo pro-
vides no protection against 24 hour agri-
cultural operations. Police and fire pro-
tection, as well as other services, in the
"R -R" Rural Residential District may not
be comparable to other residential dis-
tricts in the City of Waterloo. This District
should only be used in areas where the
City of Waterloo does not foresee extend-
ing infrastructure due to topography or
other barriers and not used as a means to
circumvent extending city services in are-
as where it is feasible.
44
10-7-2 REGULATIONS.
The regulations set forth in this Chap-
ter and the regulations contained in
Chapter 5 shall apply in the "R -R" Rural
Residential District.
A. Principal Permitted Uses:
1. Single-family dwellings.
2. Farming, specialized animal farms
and truck gardening, but not on a
scale that would be obnoxious to adja-
cent areas because of noise or odors.
The Urban Animal Hobby Farm
(UAHF) regulations of Section 10-27-
1(U) shall govern specialized animal
farms and the keeping of farm ani-
mals, and livestock, except when on a
farm of over 35 acres and specialized
animal farms shall bc permitted upon
approval of a Special Permit by thc
Board of Adjustment after rccom
mcndation of thc Commieion, except
as provided in Section 10 27 1. Hors
cs shall bc regulated by 10 7 2(B)(4).
3. Public or semi-public parks.
4. Public utility structures and equip-
ment necessary for the operation
thereof in accordance with Section 10-
27-1.
B. Accessory Uses:
1. Accessory uses and structures cus-
tomarily incidental to any of the
above uses. [Ordinance 4724, 9/20/04]
2. Temporary buildings for uses inci-
dental to construction work, which
buildings shall be removed upon the
completion or abandonment of the
construction work.
3. Home Occupations
4. Stables, non-commercial where there
exists an area devoted to such pur-
poses of twenty thousand (20,000)
square feet with an additional ten
thousand (10,000) square feet per an -
Page 102 of 205
CHAPTER 8
"R-1" ONE AND TWO FAMILY RESIDENCE DISTRICT
10-7-3 HEIGHT REGULATIONS.
imal exceeding two (2) in number
housed or tethered and provided fur-
ther that no structure or building for
the stabling of horses or tethering area
be closer than fifty (50) feet from the
abutting residential properties. The
area devoted to such uses shall be
kept in a clean and sanitary condition
10-7-3 HEIGHT REGULATIONS.
No building shall exceed three (3) sto-
ries or forty (40) feet in height, except as
provided in Section 10-27-1.
10-7-4 BULK REGULATIONS.
The following minimum requirements
shall be observed, subject to the modified
requirements contained in Section 10-27-
1:
"R -R" RURAL RESIDENCE DISTRICT
USE
Minimum
Lot Area
Maximum
Lot Area
Minimum Lot
Width
Minimum
Front Yard
Minimum Side
Yard
Minimum Rear
Yard
Single Family Dwell-
ings
1.5 Acres
10 Acres
150 Feet
50 Feet
25 Feet
50 Feet
Other Permitted Uses
1.5 Acres
10 Acres
150 Feet
50 Feet
25 Feet
50 Feet
CHAPTER 8
"R-1" ONE AND TWO
FAMILY RESIDENCE
DISTRICT
10-8-1 REGULATIONS.
The regulations set forth in this Chap-
ter and the regulations contained in
Chapter 5 shall apply in the "R-1" Resi-
dence District.
The "R-1" District is intended to pro-
vide for areas of the community which
are suitable for low density residential
uses that are adjacent to residential, pro-
fessional office or neighborhood commer-
cial uses. Any outside storage of materials
or equipment shall be limited and clearly
incidental and accessory to the Principal
Permitted Use, and shall not include the
outside storage of junk or salvage materi-
al or similar debris. Outside storage of
materials or equipment shall not be per-
mitted in a front yard. This provision
45
shall not restrict the outside storage of li-
censed and operable vehicles that are ac-
cessory and clearly incidental to the Prin-
cipal Permitted Use.
A. Principal Permitted Uses:
1. One and two family dwellings, includ-
ing two-family row dwellings. [Ordi-
nance 4618, 6/16/03] Alterations and
conversions of single family dwellings
into two family dwellings shall only
be allowed in accordance with the lot
area, frontage and yard requirements
as set forth in this Section, and upon
approval of a Special Permit by the
Board of Adjustment after recom-
mendation of the Commission. [Ordi-
nance 5288, 06/15/15]
2. Religious facilities, upon approval of a
Special Permit by the Board of Ad-
justment after recommendation of the
Commission.
3. Public and parochial schools and oth-
er educational institutions having an
Page 103 of 205
CHAPTER 8
"R-1" ONE AND TWO FAMILY RESIDENCE DISTRICT
10-8-1 REGULATIONS.
established current curriculum similar
to that ordinarily given in Waterloo
public schools, and colleges, universi-
ties, or institutions of higher educa-
tion, upon approval of a Special Per-
mit by the Board of Adjustment after
recommendation of the Commission.
4. Private recreational areas and facilities
such as swimming pools, skating facil-
ities, community building or indoor
institutional or community recreation
centers or fields, country clubs, golf
courses and driving ranges when in-
cidental to a golf course, upon ap-
proval of a Special Permit by the
Board of Adjustment after recom-
mendation of the Commission. [Ordi-
nance 5395, 04/10/17]
5. Farming and truck gardening, but not
on a scale that would be obnoxious to
adjacent areas because of noise or
odors, and provided that no struc-
tures shall be permitted unless acces-
sory to another Principal Permitted
Use or unless such structures mare lo-
cated on a farm as defined herein. The
Urban Animal Hobby Farm (UAHF)
regulations of Section 10-27-1(U) shall
govern specialized animal farms and
the keeping of farm animals and
livestock, except when on a farm of
over 35 acres, except horses and ex
sept hobby farms as provided in Sec
tion 10 27 1, shall be prohibited.
6. Family Homes. [Ordinance 3959,
7/26/93] [Ordinance 4554, 6/3/02]
7. Recreational vehicles as defined here-
in within special flood hazard areas
zoned A, AH, AO and AE on the
Flood Insurance Rate Map must:
a. Be on the site for fewer than 180
consecutive days, and
b. Be fully licensed and ready for
highway use.
46
A recreational vehicle is ready for
highway use if it is on its wheels or
jacking system, is attached to the site
only by disconnect type utilities and
security devices, and has no perma-
nent attached additions. [Ordinance
4125, 9/11/95] A recreational vehicle
that is accessory to a Principal Permit-
ted Use and is fully licensed and
ready for highway use may be on the
site for more than 180 consecutive
days for storage purposes only and
not living quarters. [Ordinance 5049,
6/20/11]
8. Parks, playgrounds, recreational
trails, and similar recreational uses.
9. Any public building or use erected or
maintained by any department of the
city, township, county, state or federal
government, upon approval of a Spe-
cial Permit by the Board of Adjust-
ment after recommendation of the
Commission, except as provided in
Section 10-27-1.
10. Public or private cemetery or burial
ground provided it is on a minimum
of thirty (30) acres, upon approval of a
Special Permit by the Board of Ad-
justment after recommendation of the
Commission. This provision shall not
prohibit the expansion of an existing
cemetery or burial ground that is less
than thirty (30) acres. [Ordinance 5395,
04/10/17]
11. Public utility structures and equip-
ment necessary for the operation
thereof in accordance with Section 10-
27-1.
12. Transmitting stations and towers in
accordance with Section 10-27-1.
B. Accessory Uses:
1. Accessory Uses and structures cus-
tomarily incidental to any of the
above uses. [Ordinance 4724, 9/20/04]
Accessory structures shall meet the
Page 104 of 205
CHAPTER 27
SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS 10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
justment shall have the author-
ity to amend or revoke the
special use permit. [Ordinance
4976, 11/23/09]
c. The purpose and intent of these
special permit regulations is to
avoid undue concentration of cer-
tain alcohol sales uses, to mitigate
the secondary effects of certain al-
cohol sales uses, to preserve and
protect neighborhoods from dete-
rioration and loss of property val-
ue due to incompatible uses, and
otherwise to promote the general
purposes of the zoning ordinance.
Except in the "C-3" District, the
provisions of this subsection 15
shall apply in addition to any oth-
er zoning district regulations and
requirements in which the land
may be classified. In the case of
conflict, the most restrictive provi-
sions shall govern, except as oth-
erwise expressly provided in this
subsection.
16. Religious facilities.
17. Non-profit institutions of a philan-
thropic or educational nature, includ-
ing libraries but excluding philan-
thropic professional offices in the "R-
4" Multiple Residence District or less
restrictive district. Also private clubs,
fraternities, sororities and lodges.
18. Commercial mining and extraction of
minerals or raw material, including
sand or gravel pits or borrow sites.
19. Mini -storage or storage rental devel-
opment when in a "C-2" District.
20. Towers including wireless communi-
cations and wind generation devices,
except as provided in Sections 10-27-
1(B)(4), 10 -27 -1(D),
0 -27-
1(B)(4),10 -27-1(D), and 10-27-1(T).
21. Kennels.
22. Public utility structures and equip-
ment necessary for the operation
150
thereof except as provided in Section
10-27-1(S).
23. Contractor Businesses when including
equipment yards and when located in
a "C-2" or "C-3" District.
24. Off -Premise Advertising Signs and
Billboards, when exceeding 300
square feet.
25. Farm animals, livestock and special-
ized animal farms, excluding horses
and in other than an "A-1" District.
Due to the incompatibility of farm an-
imals and livestock with urban devel-
opment, large scale animal operations,
including animal confinement opera-
tions, shall be prohibited unless the
Board of Adjustment shall find that a
proposed operation would be con-
sistent and compatible with existing
and future surrounding land uses. Fu-
ture land uses shall be reviewed based
on the designation of property on the
Future Land Use Map, a component
of the City of Waterloo Comprehen-
sive Plan.
26. Urban Animal Hobby Farms (UAHF)
except as provided for in Section 10-
27-1 (U), as herein defined, in other
than an "A 1" or "R R" District, when
the applicant can demonstrate that
such a use will not constitute a nui-
sance on adjoining property. Other
criteria to determine if a Special Per-
mit shall be granted shall include, but
not be limited to: size of lot in relation
to the size and number of proposed
animals, size of pen(s) in relation to
the size and number of proposed an-
imals, proximity of surrounding de-
velopment, in particular residential
development, and the proposed waste
disposal plan. An approved Hobby
Farm shall require an annual license
iGcucd by Planning staff. The licence
shall be valid from July 1 to the fol
lowing June 30. Every Hobby Farm
Page 105 of 205
CHAPTER 27
SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS
10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
shall be inspected prior to iGcuance of
a license. Failure of a Hobby
FarmUAHF to comply with the re-
quirements for a Hobby FarmUAHF
or any requirements or conditions
placed on the Special Permit approval
for a Hobby Farm shall be subject to
review by the Board of Adjustment to
determine if the Special Permit shall
be revoked result in the license being
denied. Any Hobby Farm denied a li
cense shall be subject to review by the
Board of Adjustment to determine if
the Special Pcrmit shall be revoked.
No Hobby Farm or farm animals shall
be kept in an "R 1" or le,s restrictive
District if they have not been ap
proved as required herein, or if Spc
cial Permit approval has been re
yoked. Any such property with farm
animals existing at the time of enact-
ment of this Ordinance shall obtain
apply for Special Permit approval (if
required) for a Hobby FarmUAHF or
remove said farm animals within one
year of enactment of this Ordinan
eeprior to January 1, 2018.
27. Alterations and conversions of single
family dwellings or duplexes into two
family dwellings or multiple family
dwellings in accordance with the lot
area, frontage and yard requirements
as set forth in the Bulk Regulations of
the district in which it is located. [Or-
dinance 5288, 06/15/15]
28. Freestanding commercial parking lots.
[Ordinance 5288, 06/15/15]
Before issuance of any Special Permit for
any of the above buildings or uses, the Board
of Adjustment [Ordinance 3614, 1/9/89] shall
refer the proposed application to the Com-
mission, which shall be given forty-five (45)
days in which to make a report regarding the
effect of such proposed building or use upon
the character of the neighborhood, traffic
conditions, public utility facilities and other
matters pertaining to the general welfare. No
151
action shall be taken upon any application for
a proposed building or use above referred to
until and unless the report of the Commission
has been filed; provided, however that if no
report is received from the Commission with-
in forty-five (45) days, it shall be assumed
that approval of the application has been giv-
en by the Commission. [Ordinance 3918,
1/11/93] The provisions of 10-28-4 (Special
Permit, Appeals, and Variances) shall also
apply.
Minor changes that do not substantially
alter the character of any Special Permit may
be administratively reviewed and approved
by the Planning staff. If staff determines that
the magnitude of such a change is insignifi-
cant in nature, staff may approve the change
without a review before the Commission and
public hearing by the Board of Adjustment.
[Ordinance 3918, 1/11/93]
Examples of minor changes include, but
are not limited to the following: the location,
construction, replacement or change in type
of signage, minor change in building loca-
tions, or change in the locations of access,
driveways, or parking areas, and may be car-
ried out through the administrative review
and approval of the Planning staff.
Minor changes may include additions to
an existing building which do not increase
the existing floor area by more than fifty (50)
percent of the floor area of the building pro-
posed to be added on to, or new buildings
with a floor area not exceeding ten (10) per-
cent of the floor area of all existing or ap-
proved principal buildings. A change from
one Special Permit use to another is not a mi-
nor change and shall require Board of Ad-
justment approval as though it were a new
request. [Ordinance 3918, 1/11/93] If staff de-
termines that the magnitude of any such
change is significant in nature or could be-
come significant in nature, the change shall be
deemed major and the change shall require
approval as though it were a new request. In
determining if a change is significant in na-
ture the Planning staff shall consider, among
Page 106 of 205
10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
17. Violation and Permit Revocation
a. All wind energy facilities shall be
maintained in operational condi-
tion at all times, subject to reason-
able maintenance and repair out-
ages. Operational condition in-
cludes meeting all noise require-
ments and other permit condi-
tions. Should a wind energy facili-
ty become inoperable, or should
any part of the wind energy facili-
ty be damaged, or should a wind
energy facility violate a permit
condition, the owner/ operator
shall remedy the situation within
three (3) months after written no-
tice from the City of Waterloo.
Upon request of the owner or as-
signs, and for good cause, the City
Planner or designee may grant a
reasonable extension of time.
b. Notwithstanding any other
abatement provision, if the wind
energy facility is not repaired or
made operational or brought into
compliance after said notice, the
City Council may, after a public
meeting at which the operator or
owner shall be given opportunity
to be heard and present evidence,
including a plan to come into
compliance, (1) order either reme-
dial action within a specified
timeframe, or (2) order revocation
of the permit and require the re-
moval of the wind energy facility
within three (3) months. For large
wind energy facilities not removed
within the specified time period,
the City of Waterloo shall have the
right to use the irrevocable letter
of credit, bond, or cash escrow to
cover the costs associated with
removal of the large wind energy
facility.
c. Any wind energy facility that does
not meet the requirements of this
178
Ordinance, including, but not lim-
ited to those dealing with noise,
height, setback, or visual appear-
ance, or does not meet any condi-
tions attached to approval of the
wind energy facility, shall be
deemed an unlawful structure and
shall provide grounds for the rev-
ocation of the permit.
U. Urban Animal Hobby Farm (UAHF).
1. The UAHF regulations of this Section
shall in all cases govern specialized
animal farms and the keeping of farm
animals and livestock, except when on
a farm of at least 35 acres or in an "A-
1" Agricultural District. Notwith-
standing anything in Section 10-5-1(B)
to the contrary, any existing uses that
include farm animals, livestock or
specialized animal farms that do not
conform to the UAHF regulations
shall conform no later than January 1,
2018.
2. A UAHF shall be allowed within Wa-
terloo City limits on lots or parcels of
land as an accessory use to a principal
dwelling when the following re-
quirements are met:
a. Minimum fenced (confined) area
of 40,000 square feet or more for
large and intermediate sized ani-
mals such as cows, calves, sheep,
goats, llamas, emus, ostrich, pea-
cock and similar animals, exclud-
ing swine (including pot belly
pigs), camels and exotic animals as
determined in the reasonable dis-
cretion of the City Planner or de-
signee.
b. Minimum fence (confined) area of
20,0005,000 square feet or more for
small sized animals such as rab-
bits, mink, ferrets, chinchilla,
chicken, goose, pigeon, pheasant,
quail, duck and similar animals,
excluding rooster, guinea, falcon,
Page 107 of 205
10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
peacock, and exotic animals as de-
termined in the reasonable discre-
tion of the City Planner or design-
ee.
c. The UAHF owner resides on the
property.
d. Containing shelters for animals.
Lean-tos, tarps, car -ports and simi-
lar structures are prohibited. Fowl
must be kept in an enclosure or
fenced area at all times and se-
cured within a henhouse or "fowl -
tractor" type enclosure during
non -daylight hours.
e. Shelters must be roofed, predator -
resistant, ventilated, and easy to
access, clean and properly main-
tained, with water and food acces-
sible at all times.
f. Multiple -unit lots or parcels of
land in common ownership must
have approval for UAHF from all
occupants.
g. Density of a UAHF for large or in-
termediate sized animals, as de-
fined in subparagraph 2.a. above,
is set at 2 animals for the first
40,000 square feet and 1 additional
animal for each additional 20,000
square feet. A combination of
large or intermediate sized ani-
mals and small animals is allowed,
as long as it does not exceed the
total density allowed.
h. Density of a UAHF for small sized
animals, as defined in subpara-
graph 2.b. above, is set at 42 ani-
mals for the first 20,0005,000
square feet and 1 additional ani-
mal for each additional 5,0002,500
square feet up to a maximum of 8.
-A combination of large or inter-
mediate sized animals and small
animals is allowed, as long as it
179
does not exceed the total density
allowed.
The density of a UAHF is based
on the square footage within the
animals' confined (fenced) area
minus the square footage of any
structures within that same area
that are not devoted to the ani-
mals.
j. The confined area must be fenced
with approved material for a resi-
dential fence per the residential
fence regulations and in such a
way as to prohibit escape and be
properly maintained.
k. There shall be a 10 -foot setback of
the fenced (confined) area from
neighboring property lines for a
UAHF containing any large or in-
termediate sized animals, and said
fenced (confined) area for all
UAHF's shall not be located in a
front yard as defined herein.
Page 108 of 205
10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
3. All enclosures and fenced (confined)
areas must be kept in a clean, dry,
odor -free, neat and sanitary condi-
tions at all times, free of insects and
rodents, and all animal excrement
shall be properly disposed of and not
allowed to accumulate. All animals
shall have clean bedding. Odors from
animals, animal manure or other ani-
mal related substances shall not be
perceptible beyond the boundaries of
the UAHF property. All stored ma-
nure shall be covered by a fully en-
closed structure with a roof or lid, and
no more than four (4) cubic feet of
manure shall be stored on the UAHF
property. All other manure not used
for composting or fertilizing shall be
removed.
4. Animals born in a UAHF are allowed
to remain until 12 weeks old at which
time they must be removed unless
density limits allow them to remain.
5. No UAHF shall be operated so that
crowing, cackling, gobbling, bleating
or other animal or fowl noises, etc.,
occur at a level that creates a nuisance
for adjacent properties.
6. The Board of Adjustment shall have
the authority to grant exceptions to
the requirements of this Subsection U.
Such request will require submittal of
a variance application, but the Board
is not required to apply all standards
for issuance of a variance when con-
sidering a variance request for a
UAHF, except for requests involving
regulation under Chapter 22, Flood -
way and Flood Plain Districts.
7. Beekeeping shall be allowed within
the Waterloo City limits on lots or
parcels of land as an accessory use to
a principal dwelling when the follow-
ing requirements are met:
a. Minimum lot size of 20,000 square
feet.
180
b. The beekeeper resides on the
property.
c. Density shall be set at two hives
(with only one swarm per hive)
for every 20,000 square feet of to-
tal lot size. No more than 6 hives
shall be permitted on a lot, unless
the lot is more than 35 acres and
primarily used for agricultural
purposes.
d. Hives shall not be located within
25 feet of any lot line, shall not ex-
ceed 20 cubic feet in volume, and a
constant supply of water shall be
provided for all hives to prevent
bees from congregating at other
sources of water on nearby prop-
erties. The water shall be main-
tained so as not to become stag-
nant.
e. Queens: In any instance in which a
colony exhibits unusually aggres-
sive characteristics by stinging or
attempting to sting without due
provocation, or exhibits an unusu-
al disposition towards swarming
outside the hive, it shall be the du-
ty of the beekeeper to re -queen the
colony. Queens shall be selected
from stock bred for gentleness and
nonswarming characteristics.
Page 109 of 205
CHAPTER 28
BOARD OF ADJUSTMENT 10-28-1 APPOINTMENT - MEMBERSHIP.
8. All UAHF's, excluding beekeeping,
shall be required to be approved by
Special Permit by the Board of Ad-
justment after recommendation of the
Commission, except when the UAHF
owner submits to the Planning De-
partment a consent petition which in-
dicates approval of the UAHF signed
by 100 percent of the abutting proper-
ty owners to the UAHF property, and
signed by 60 percent of the property
owners within 250 radial feet of the
UAHF property. Planning Staff shall
have the authority to determine if a
petition meets these requirements.
9. Butchering: No butchering of any
UAHF animals shall be allowed ex-
cept within a fully enclosed building.
CHAPTER 28
BOARD OF ADJUSTMENT
10-28-1 APPOINTMENT —MEMBERSHIP.
A Board of Adjustment is hereby estab-
lished which shall consist of five (5) members
each appointed to a term of five (5) years.
Members shall be removable for cause by the
appointing authority by written charges and
after public hearing. Vacancies shall be filled
for the unexpired term of any member whose
term becomes vacant. [Ordinance 4074,
2/20/95] [Ordinance 4080, 3/13/95]
10-28-2 RULES —MEETINGS — GENERAL
PROCEDURE.
The Board shall adopt rules in accordance
with the provisions of this Ordinance. Meet-
ings of the Board shall be held at the call of
the chairman and at such other times as the
board may determine. Such chairman, or in
his or her absence, the acting chairman, may
administer oaths and compel the attendance
of witnesses. All meetings of the Board shall
be open to the public. The Board shall keep
minutes of its proceedings, showing the vote
of each member upon each question, or if ab-
sent or failing to vote, indicating such fact,
181
and shall keep records of its examinations
and other official actions, all of which shall be
immediately filed in the office of the Board
and shall be a public record.
10-28-3 JURISDICTION—POWERS.
The Board shall have the following pow-
ers and duties.
A. The Board of Adjustment may, in ap-
propriate cases and subject to appro-
priate conditions and safeguards,
make special exceptions to the terms
of this Ordinances in harmony with its
general purpose and intent. Any
property owner aggrieved by the pro-
visions of this Ordinance or any regu-
lations or restrictions thereunder, may
petition the said Board of Adjustment
to modify said regulations and re-
strictions as applied to such property
owner and the following rules shall
apply:
1. The Board of Adjustment shall
have a public hearing on said peti-
tion under the same terms and
conditions as hereinafter provided
for the hearing of appeals by the
Board of Adjustment.
2. The Board of Adjustment in mak-
ing any exception to this Ordi-
nance shall be guided by the gen-
eral rule that the exceptions shall
by their design, construction, and
operation adequately safeguard
the health, safety, and welfare of
the occupants of adjoining and
surrounding property, shall not
impair an adequate supply of light
and air to adjacent property, shall
not increase congestion in the pub-
lic streets, shall not increase public
danger of fire and safety and shall
not diminish or impair established
property values in surrounding
areas.
Page 110 of 205
MEMORANDUM
To: Mayor and City Council
From: Aric A. Schroeder, City Planner
Date: 08/08/17
RE: Summary of Changes to the Proposed Zoning Ordinance Amendment for Hobby
Farms.
As you are aware, staff has been working on an amendment to the City of Waterloo Zoning
Ordinance No. 5079 to update multiple sections regarding regulations for hobby farms and
farm animals, and other miscellaneous updates. At their June 6, 2017 meeting the Planning,
Programming and Zoning Commission recommended approval on a version of the proposed
amendment, but at the July 10, 2017 meeting of the City Council, the item was remanded
back to the Commission for additional review and recommendation. At their August 1,
2017 meeting the Commission recommended approval of the attached version of the
proposed amendment. The following is a list of the changes from the previously
recommended version compared to the currently recommended version. This summary only
identifies the differences between the two versions. A complete copy of the proposed
changes, showing strike through of wording proposed to be removed and underline for
wording proposed to be added is also attached.
- Section 10-3-1 Definition of "Animals, Livestock": the word "peacock" is removed
from the wording proposed to be added, so that a peacock would not be an animal
specifically prohibited within the City of Waterloo.
- Section 10-3-1 Definition of "Urban Animal Hobby Farm (UAHF)": the word
"peacock" is removed from the wording proposed to be added, so that a peacock would
not be an animal specifically prohibited within the City of Waterloo.
- Section 10-27-1 (U)(2)(a): the word "peacock" is added to the list of animals permitted
as large and intermediate sized animals in an Urban Animal Hobby Farm (UAHF).
- Section 10-27-1(U)(2)(b): the word "20,000" is removed from the wording proposed to
be added and replaced with the word "5,000". This would lower the minimum fence
(confined) area needed for small sized animals from 20,000 square feet to 5,000 square
feet (see below for changes to the number of animals allowed). Also the word
"peacock" is removed from the wording proposed to be added, so that a peacock would
not be an animal specifically prohibited within the City of Waterloo.
Page 111 of 205
- Section 10-27-1(U)(2)(h): the word "4" is removed from the wording proposed to be
added and replaced with the word "2", and the word "20,000" is removed from the
wording proposed to be added and replaced with the word "5,000". This would lower
the number of small animals allowed to 2 animals for the first 5,000 square feet instead
of 4 animals for the first 20,000 square feet. Also the word "5,000" is removed from the
wording proposed to be added and replaced with the word "2,500" and the words "up to
a maximum of 8" is added to the wording proposed to be added. This would lower the
area needed for additional animals beyond the initial 2 animals to 2,500 square feet per
animal instead of 5,000 square feet per animal, and would add a cap of 8 small animals
regardless of total area provided. Said changes are less restrictive than was previously
recommended, but more restrictive than the changes as were proposed by Councilperson
Morrissey.
- Section 10-27-1(U)(9) Butchering: a new subsection 9 is added to the wording proposed
to be added as follows: "Butchering: No butchering of any UAHF animals shall be
allowed except within a fully enclosed building".
The Commission did not recommend making any changes to the proposed wording
regarding the consent petition requirement to avoid the requirement to obtain Special
Permit by the Board of Adjustment after recommendation of the Commission. As
previously noted, this summary only highlights the changes between the previously
recommended version and the currently recommended version, so please review the
complete copy of the proposed amendment to review all changes being proposed. Please
let Planning staff know if you have any questions or need any additional information
regarding the proposed amendments.
staff memo 08-08-17 Summary of Changes Proposed Zoning Ordinance Amendment - Hah�
b Fa s12 of 205
Urban Animal Hobby Farm
The following are changes I believe will improve the current proposed
language. None of these are significant, in my opinion, for the reasons
stated in the suggested changes.
a.)
10-3-1 Definitions
Animals, Livestock:
In the 2" sentence, take out "peacock" from the excluded or
prohibited. (I believe that adding peacock to "Large and
Intermediate" would allow for a few keeping in mind the
guidelines for that grouping.)
b.) UAHF definition - "Animals not allowed as part of UAHF
include swine... falcon, peacock....
Eliminate "peacock" from the group excluded.
10-27-1
* U - 2 - a: add "peacock"
• U -2—b:
"Minimum fenced (confined) area of 20,000 sq. ft. or more for
small -sized animals" change the 20,000 to 5,000.
Justification: These are small animals with limits on the total
numbers. If one figures an average residential lot at @ 11,000 sq.
ft. and the front yard, driveway, garage and house are taken out,
that would probably leave less than half of the total sq. footage —
maybe 4,000 to 4,500 sq. ft. left. Besides the fact that all proposed
UAHF's have to either get a special permit thru BOA or the
100% of abutting properties, most would more than likely have
to seek a Variance.
Lowering the sq. ft. to 5,000 does not mean there
will be more UAHFs, but it means that the bar is set as to be
attainable for those that desire to have a few small animals rather
than at 20,000 (confine/fenced area) sq. ft. realizing that most will
likely have to get a Variance or have their neighbor's OK.
Page 113 of 205
Finally, 5,000 sq. ft. equals a 50 ft. wide by 100 ft.
deep lot/space. This is what has to be fenced to have 4 small
animals as defined.
• U -2—h:
Change this so as to read: " Density of a UAHF for
small -sized ... is set at 4 for the first 5,000 sq. ft. 1 additional for
each additional 1,250 sq. ft. up to a maximum of 8."
• U-8
"All UAHFs ... consent petition which indicates approval of
the UAHF signed by 100% of the abutting property owners to the
UAHF property AND THE OCCUPIED PROPERTY(ies)
IMMEDIATELY ACROSS THE STREET (if any).
Eliminate "and signed by 60% within 250 radial ft of the
proposed UAHF."
• U — 9: New Language:
BUTCHERING: No butchering of UAHF
animals allowed outside.
Again, these are the changes I would like to see to the proposed
Hobby Farm language. These Guidelines will allow the Planning
and Zoning Commission and the Board of Adjustment to have
guidelines to address such issues brought before them. Guidelines
are not there now, merely an open-ended nebulous and short
ordinance
I see these changes as reasonable and fair to all concerned and
thank Aric Schroeder for his work.
Patrick Morrissey, City Council, Ward 3
June 26, 2017
Page 114 of 205
CITY OF WATERLOO
Council Communication
FY16 Waterloo Pollution Control Facilities Upgrade to Instrumentation and Controls systems, Contract No.
929
City Council Meeting: 8/14/2017
Prepared: 8/8/2017
REVIEWERS:
Department Reviewer Action Date
Waste Management Hoambrecker, Steven Approved 8/9/2017 - 8:11 AM
Clerk Office Even, LeAnn Approved 8/9/2017 - 2:15 PM
ATTACHMENTS:
Description Type
D AECOM Letter of Recommendation Cover Memo
❑ Bid Tab Cover Memo
SUBJECT:
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 confirming approval of plans, specifications, form of contract,
etc.
Resolution authorizing to proceed.
Motion to receive, file and instruct the City Clerk to read bids.
Resolution approving award of contract to Automatic Systems Co. of
Ames, Iowa in the amount of $652,000, and approving the contract, bonds,
and certificate of insurance for the FY 2016 Waterloo Pollution Control
Facilities Upgrade to Instrumentation and Controls Systems, Contract No.
929, and authorize Mayor and City Clerk to execute said documents.
Submitted by: Submitted By: Steven Hoambrecker, Director, Waste Management Services
Page 115 of 205
A=COM
August 11, 2017
Mr. Steve Hoambrecker, P.E.
Water Pollution Control Facility
3505 Easton Avenue
Waterloo, Iowa 50702
Subject: FY 2016 Water Pollution Control Facilities
Upgrade to Instrumentation and Controls Systems
Letter of Recommendation
City of Waterloo, Iowa
City Contract No. 929
AECOM #60438627
Dear Steve,
AECOM 319-232-6531 tel
501 Sycamore Street 319-232-0271 fax
Suite 222
Waterloo, Iowa 50703
www.aecom.com
AECOM has reviewed the bids submitted for the FY 2016 Water Pollution Control Facilities Upgrade to
Instrumentation and Controls Systems project on August 10, 2017, for the City of Waterloo, Iowa.
The apparent low bidder has met the requirements of the Instructions to Bidders.
AECOM recommends awarding the contract to Automatic Systems Co. of Ames, Iowa, for the Total Bid price of
$652,000.00.
Yours sincerely,
Ross A. Hillsman, PE
Enclosure: FY 2016 Water Pollution Control Facilities Upgrade to Instrumentation and Controls Systems -
Project Bid Tab dated 08/10/2017
P:\60438627\600_Construction_Support\620_Correspondence\2017-08-11 Wloo I&C - Ltr of Recommendation.docx
Page 116 of 205
Bid Opening Tab
FY 2016 - Water Pollution Control Facilities
Upgrade to Instrumentation and Controls Systems
City of Waterloo
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Affirmative
Action
Program
Bidder
Certification
Bid Bond
Bid Form
Bid Price
$873,150.00
Contractor
Primex
Sweeney Controls Company
Automatic Systems Co.
Engineers Probable Cost of Construction
Page 117 of 205
FY16 Waterloo Pollution Control Facilities Upgrade
to Instrumentation and Controls Systems, Contract No. 929
Bid Tab: August 10, 2017
Estimate: $989,400.00
Bidder
Bid Security
Total
Primex
Detroit Lakes, MN
5%
796,230.00
Sweeney Controls Company
Fargo, ND
5%
873,150.00
Automatic Systems Co.
5%
652,000.00
Page 118 of 205
CITY OF WATERLOO
Council Communication
FY 2018 Brock 2nd Addition Sanitary Sewer Extension, Contract No. 932.
City Council Meeting: 8/14/2017
Prepared: 8/9/2017
REVIEWERS:
Department Reviewer Action Date
Engineering Thorson, Eric Approved 8/9/2017 - 10:33 AM
Clerk Office Even, LeAnn Approved 8/9/2017 - 2:14 PM
ATTACHMENTS:
Description Type
D Bid Tab Cover Memo
SUBJECT:
Submitted by:
Source of Funds:
Background Information:
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 confirming approval of plans, specifications, form of contract,
etc.
Resolution authorizing to proceed.
Motion to receive and file and instruct City Clerk to read bids and refer to
City Engineer for review.
Submitted By: Jamie Knutson, Associate Engineer
Martin Rd TIF
Plans prepared by Wayne C laas s en Engineering & Surveying
This item supports the City's Strategic Plan Strategy 1.3 by providing
sanitary sewer service to a development lot.
Page 119 of 205
FY2018 Brock 2nd Addition
Sanitary Sewer Extension, Contract No. 932
Bid Tab: August 10, 2017
Estimate: $
Bidder
Bid Security
Total
Hurst & Sons Contractors
Waterloo, IA
5%
191 330.70
Vieth Construction Corporation
Cedar Falls, IA
5%
259,792.00
Dave Schmitt Construction Co.,
Inc.
Cedar Rapids, IA
5%
132,823.30
Tschiggfrei Excavating
Dubuque, IA
5%
108,507.60
Ricklefs Excavating
Anamosa, IA
5%
135,000.75
Peterson Contractors, Inc.
Reinbeck, IA
5%
165,367.00
Page 120 of 205
CITY OF WATERLOO
Council Communication
FY 2018 ADA Bus Stops - Phase I, Contract No. 937.
City Council Meeting: 8/14/2017
Prepared: 8/9/2017
REVIEWERS:
Department Reviewer Action Date
Engineering Thorson, Eric Approved 8/9/2017 - 10:32 AM
Clerk Office Even, LeAnn Approved 8/9/2017 - 2:13 PM
ATTACHMENTS:
Description Type
D Bid Tab Cover Memo
SUBJECT:
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 confirming approval of plans, specifications, form of contract,
etc.
Resolution authorizing to proceed.
Motion to receive and file and instruct City Clerk to read bids and refer to
City Engineer for review.
Submitted by: Submitted By: Wayne Castle, PLS, PE, Associate Engineer
Source of Funds: GO Bonds
Background Information: Plans prepared by AECOM
Page 121 of 205
FY2018 ADA Bus Stops -Phase I
Contract No. 937
Bid Tab: August 10, 2017
Estimate: $114,000
Bidder
Bid Security
Total
Vieth Construction Corporation
Cedar Falls, IA
5%
189,214.30
Page 122 of 205
CITY OF WATERLOO
Council Communication
Resolution approving Young Arena Lease and Use Agreement with Waterloo Black Hawks Hockey, LLC, and
authorizing Mayor and City Clerk to execute said agreement.
City Council Meeting: 8/14/2017
Prepared: 8/8/2017
REVIEWERS:
Department Reviewer Action Date
Leisure Services Huting, Paul Approved 8/9/2017 - 9:55 AM
Clerk Office Even, LeAnn Approved 8/9/2017 - 1:56 PM
ATTACHMENTS:
Description Type
❑ Lease Changes Cover Memo
❑ Young Arena Hockey Lease 2017 Cover Memo
D Cold Zone Suites Backup Material
SUBJECT:
Resolution approving Young Arena Lease and Use Agreement with Waterloo
Black Hawks Hockey, LLC, and authorizing Mayor and City Clerk to
execute said agreement.
Submitted by: Submitted By: Paul Huting, Leisure Services Director
Recommended Action: Leisure Services Commission recommends that City Council approve the
Young Arena Lease and Use Agreement.
The Leisure Services Commission is recommending that the City enter into
a new 3 -year lease with a 2 -year renewal option. Attached is a copy of the
proposed lease and a summary sheet highlighting the major changes as
Summary Statement: compared to the current Young Arena Lease. With approval of this
agreement the Waterloo Black Hawks Hockey organization plans to
construct major improvements including luxury suites and lounge expansion
at no cost to the City.
Expenditure Required: None.
Policy Issue:
Approving this new agreement will support the Waterloo Strategic Plan,
Strategy 1.7 "Seek ways to create a live, work, learn, and play environment
with amenities that attract and retain population in Waterloo, and Strategy 4.5
"Maintain City facilities that support quality of place".
Page 123 of 205
Proposed Waterloo Black Hawks - Young Arena Lease
Changes as compared to current(month to month) Lease
• CITY would sell all food/soft drinks in the Arena.
• CITY would reclaim use of the NE concessions stand.
• CITY would no longer pay WBH any percentage of concessions sales. Currently the City pays 10%
of all gross food and beverage sales.
• CITY would no longer pay WBH playoff game incentives.
• WBH would sell all alcoholic beverages for Hockey events (as opposed to current mix with City
selling except in Cold Zone Lounge).
• WBH would pay $75,000 per year facility fee.
• WBH would no longer pay $300 per month office/building rent.
• WBH would no longer pay game fee (currently $175 per game if attendance is less than 2,700).
• WBH would construct arena improvements at its sole expense, including 2 luxury suites, Cold
Zone lounge expansion, and potential new "Foundation Room" above the office addition.
• Proposed lease has a 3 -year term with option to renew for additional 2 years.
Page 124 of 205
LEASE AND USE AGREEMENT
Young Arena
This Lease and Use Agreement (the "Agreement") is entered into as of , 2017,
by and between Waterloo Black Hawks Hockey, LLC, an Iowa limited liability company ("WBH"),
and the City of Waterloo, Iowa, a municipal corporation operating by and under the laws of the
State of Iowa, which necessarily includes the Leisure Services Commission and Young Arena
(collectively, the "City").
RECITALS
WHEREAS, the City of Waterloo owns a public multi -use complex known as Young Arena; and
WHEREAS, WBH owns and operates a hockey team known as the Waterloo Black Hawks and
desires to lease Young Arena from the City of Waterloo; and
WHEREAS, the City acknowledges the significant economic and entertainment value that WBH
contributes to the City of Waterloo and the residents of the Cedar Valley, and the parties
acknowledge that a constructive and mutually beneficial working relationship between the
parties is essential to the continued economic viability of both WBH and Young Arena; and
WHEREAS, in order to improve the environment for hockey in the City of Waterloo, WBH will
reinvest net revenues into the hockey program and related facilities; and
WHEREAS, WBH and the City desire that this Agreement shall set forth their full and complete
understanding of the terms and conditions under which WBH will schedule and play the home
games, hold practices, conduct other ice activities, conduct other business in the premises, and
occupy certain portions of said facility on a year-round basis.
NOW, THEREFORE, FOR AND IN CONSIDERATION of the use of the premises, the mutual
promises and covenants herein contained, and other good and valuable consideration, the receipt
and sufficiency of which are expressly acknowledged, WBH and the City, each intending to be
legally bound, do hereby mutually agree as follows:
I. DEFINITIONS
(1) Arena - The term "Arena" shall mean the building commonly known as Young Arena,
located at 125 Commercial Street, Waterloo, Iowa 50701.
(2) Beverage Stands — The term "Beverage Stands" shall mean portable stations, owned by
the City, for sale of beer or other beverages.
(3) Concessions — The term "Concessions" means all sale and offering of (a) food of any kind,
including but not limited to hot food, packaged food, snacks, and candies, and (b) all pre-packaged
non-alcoholic beverages, whether provided through restaurants, catering, vending machines, or
otherwise.
Page 1
Page 125 of 205
(4) Hockey Game - The term "Hockey Game" shall mean pre -season, regular season, and post -
season events of the Waterloo Black Hawks at the Arena as scheduled by the League.
(5) Hockey Season - The term "Hockey Season" shall mean and include at least twenty-eight
(28) regular season games as scheduled by the League and any all-star, play-off or post -season
games, and pre -season games. The parties contemplate that the season will begin in
September of each year and end in April or May of the following year, the exact date being
dependent upon the League schedule and whether WBH participates in any play-off or post -season
games.
(6) League - The term "League" shall mean and include the United States Hockey League, or
any successor or substitute association of hockey teams to which WBH may hereafter belong or
become affiliated. City approval is necessary prior to any league modifications or
transformations.
(7) Team Merchandise & Novelties - The term "Team Merchandise & Novelties" shall mean
any and all articles of clothing as well as any and all items such as pennants, posters, buttons, sticks,
pens, mugs, etc., which bear the name and/or logo of the hockey club owned by WBH, and the
name and/or logo of the League.
(8) Watch Events — The term "Watch Events" shall mean WBH-sponsored events at the
Arena for public video display of sporting events other than Hockey Games.
(9) WBH Concessions — The term "WBH Concessions" shall mean the sale and offering of
alcoholic beverages by WBH in the Arena, including non-alcoholic beverages that may be
incorporated into mixed alcoholic drinks.
II. TERM; OPTION TO RENEW
(1) The term of the Agreement shall commence as of August 1, 2017 and expire on May
31, 2020. WBH shall have the conditional option to renew this Agreement for an additional term
of two (2) years, subject to City's consent. By April 15, 2020, WBH shall exercise its option to
renew by giving written notice of that intent to City.
(2) Continued possession by WBH beyond the expiration date of the term of the Agreement,
or any renewal term, and absent a written agreement by both parties for an extension of the
Agreement or for a new lease, shall constitute a month-to-month extension of the Agreement.
III. USE OF PREMISES; IMPROVEMENTS
(1) The City hereby leases the Arena to WBH for the purpose of conducting regularly
scheduled Hockey Games, practice sessions, try -out camps and such other purposes and events
as are expressly described in this Agreement, and for no other purpose whatsoever without the
prior written consent of the City.
(2) WBH shall be the exclusive hockey club of Young Arena. WBH shall have first right
to schedule practice and game times in the facility, provided that the parties shall cooperate in
Page 2
Page 126 of 205
scheduling a limited number of major wrestling or other special events, and City will provide
advance notice to WBH of such events in connection with WBH's scheduling process for the
following season. WBH shall be entitled to retain all revenues from ticket sales for Hockey
Games and Watch Events.
(3) WBH shall have the exclusive right to occupy and/or use certain areas of the Arena on a
year-round basis, and WBH shall be responsible for securing same. The areas are limited to the
following:
(i) WBH business office and ticket office;
(ii) WBH equipment storage room and two additional storage rooms;
(iii) WBH coach and assistant coach offices;
(iv) WBH locker room and cardio room;
(v) WBH team room;
(vi) Laundry room;
(vii) WBH souvenir store known as Party Town Outfitters;
(viii) WBH "Cold Zone" lounge area;
(ix) Video and audio equipment storage and production rooms located on the main
concourse.
(4) WBH shall be permitted the use and occupancy of the following areas within the Arena
during WBH events:
(i) the Arena;
(ii) Visiting team locker rooms;
(iii) First aid room / video room;
(iv) Game official's dressing room.
(5) WBH shall be permitted use of City's coolers and freezers for storage of concessions
inventory. The parties shall confer as necessary to determine allocation of such storage spaces,
which may vary from time to time based on the parties' needs.
(6) Ice time shall be made available to Black Hawks three (3) times during the Hockey Season for
thirty (30) minutes before or after a Hockey Game (not including Zamboni time) at no additional
charge.
(7) Ice shall be made available during the months of June through August for WBH try -out and
youth camps, on dates to be mutually agreed upon with the City at least forty-five (45) days in
advance of the date of use, at the cost provided for in Section XIII(3).
(8) The City is permitted to make use of WBH's video board for events at the Arena other
than Hockey Games, provided that the City is responsible for costs charged by WBH's third -
party operator for such uses by the City or its permitees. WBH will pay 80% and the City will
pay 20% of all costs and expenses of maintaining and repairing the Daktronics video board and
related components, unless said maintenance or repair is necessary due to the sole negligence
of one of the parties, and then that party shall be solely responsible for the cost of the
maintenance or repair. All costs of operation, with the exception of utilities, for Hockey Games
and other uses by WBH shall be the responsibility of WBH.
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(9) WBH may, at its option and its sole cost and expense, construct the following new
features in and to the Arena: (a) up to two private suites for group or corporate use, (b) an
expansion of the Cold Zone into the area above the box office and foyer, and (c) a "foundation
room" as a second floor above the addition. All 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, including but not limited to building permits
and inspections. Before beginning construction, WBH shall submit detailed plans to City for
review, comment and approval. All goods, materials and fixtures incorporated into the
improvements, and the improvements themselves upon completion, shall be the property of City,
and WBH shall be deemed to have made a gift of same to City.
IV. STAFFING AND SERVICES
(1) WBH shall furnish two off-duty uniformed police officers and one paramedic or EMT at
each Hockey Game. The City agrees to reimburse WBH for 50% of the monthly fees. WBH
shall also furnish up to eight (8) hosts/ushers for general support purposes at each Hockey Game.
One representative of WBH will be on premises at least one hour before the game and after the
game until the visiting team has left the premises.
(2) The City shall provide the following services in connection with WBH's use of the Arena:
(i) ice in good and suitable condition for the performance of hockey, as determined by
Young Arena staff, WBH staff, and United States Hockey League (USHL) Director
of Hockey Operations;
(ii) boards in good and suitable condition for the performance of hockey, meeting the
most current operating standards of the USHL and USA Hockey. If replacements
or upgrades are necessary, the parties will negotiate an agreement to share the cost.
(iii) ice installation, including logo placement and proper on -ice marking for lines and
face-off circles;
(iv) water, electrical light, heat, and air conditioning;
(v) routine janitorial services inside the building and facility cleanup following all
Hockey Games;
(vi) waste disposal;
(vii) ammonia ice plant repairs and preventive maintenance;
(viii) ice surfacer repairs and preventive maintenance;
(ix) reasonable snow and ice removal outside of the building.
If WBH has a complaint or issue to address with respect to any of such services, it shall notify
City's Arena staff in writing within two (2) business days after such complaint or issue arises, and
City staff shall respond to such notice as soon as reasonably possible. If WBH is not satisfied with
the response of City staff, WBH may appeal within five (5) business days by notifying City's
Young Arena Committee, which shall respond within five business (5) days. If WBH is not
satisfied with the response of said Committee, the parties shall engage the services of a mutually
agreed upon consultant with professional credentials and expertise in the area of dispute, the cost
of which shall be shared equally between the Parties. The findings of the consultant shall be
presented to the Arena Staff, Young Arena Committee and the WBH. The parties shall agree to
implement the findings and recommendations of the designated consultant and will equally share
the costs of implementation.
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(3) WBH will make its team trainer and team physician available to attend to medical
emergencies that occur during Hockey Games, including the time before and after each game.
(4) At least fourteen (14) days before the first exhibition game for a Hockey Season, the parties
will work out a general template for a typical game -day schedule, including starting and ending
times for alcohol sales. The template will be adjusted as necessary in light of experience and the
needs of the parties, and it will be re-evaluated annually before each Hockey Season.
(5) WBH will pay 50% of actual expenses incurred by City for laundry expenses, including but
not limited to detergent and cost of washer and dryer repairs and maintenance, payable within
thirty (30) days after billing by City.
(6) WBH will pay $100.00 per month for unlimited use of the ozone air -purifying machine,
payable in advance on or before the first day of each month.
(7) To facilitate WBH's opportunities for alcohol beverage sales as provided in this
Agreement, City will make available for WBH's use, at no extra charge to WBH, the City's beer
sales equipment, walk-in cooler, and internet wiring for sales by credit card. WBH will be
responsible to arrange for its own internet service to enable credit transactions through WBH's
own financial institution.
V. PARKING
(1) WBH shall have free and uncontrolled access to all City owned parking facilities within
2,000 feet of the Arena, at no charge, beginning two (2) hours prior to start of any WBH home
game and concluding one (1) hour after the conclusion of the game, subject to the right of the
Center for the Arts to control its parking areas in connection with special events and the
SportsPlex to control its parking areas in connection with special events or, to a lesser extent, the
needs of its regular patrons.
(2) WBH have the right to receive all parking revenues from use of the Arena lot. WBH
shall provide the personnel needed to operate parking areas.
(3) Beginning up to two (2) hours before the start of any WBH home game, WBH may
control access to the Arena lot and administer a reserved -parking program in the Arena lot for
Hockey Games. The program will be developed and operated in cooperation with City
personnel to minimize its impacts on patrons of the Arena who may be using the Arena for
legitimate purposes before a Hockey Game.
VI. PRACTICE
Practice ice shall be made available Monday through Friday from 1:00 p.m. to 3:00 p.m. and
on weekday game days from 10 a.m. to 11 a.m. at a rate of $66.00 per hour during the
Hockey Season. WBH may schedule additional practice ice time at the hourly contracted
user rate. City will cooperate with WBH in making morning ice time available on a short -
duration, occasional basis consistent with past practice at no extra cost. If future school
district or USHL requirements require changes in practice times, City and WBH will confer
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in good faith about reasonable changes in availability of practice ice. City will bill WBH
only for time actually used. Payment shall be remitted to City within thirty (30) days after
the end of each month.
VII. SCHEDULING
(1) The WBH hockey club is the primary tenant of the Arena and shall have first right to
schedule game dates and practice times in the Arena.
(2) WBH shall have the option to schedule Watch Events, subject to other Arena events and
activities previously scheduled. WBH will give City no less than 14 days' advance notice of a
Watch Event to allow City to confirm that the schedule is clear and to arrange for suitable
support services. Because the scope and needs of each Watch Event may vary, in advance of
each Watch Event the parties will negotiate a reasonable fee for City's support services. For
any other use of the Arena, WBH understands and agrees that any additional dates, times and/or
rates must be separately negotiated with the City.
(3) The City reserves the right to change the date of a Hockey Game, subject to notifying
WBH in writing sixty (60) days in advance of the Hockey Game. The City shall assist in
advertising any date change for a Hockey Game.
(4) The following persons shall be authorized to schedule ice time and make any cancellations
to bind WBH: President, Chief Operations Officer, Head Coach or the Head Coach's designee.
VIII. SIGNS
(1) WBH is authorized to sell advertising in all public areas inside the Arena. WBH
shall retain all revenues derived from such sales. Signs to include but not be limited to:
(i) Dasher boards;
(ii) On -ice logos;
(iii) Back -lit signs;
(iv) Scoreboard;
(v) Ice resurfacer(s);
(vi) Restroom walls (but no restroom wall advertising until 80% of dasher board
signage is sold and in place);
(vii) Press box;
(viii) Arena concourse walls;
(ix) Main north facing exterior window and door surfaces and main entrance glass,
provided that such signs comply with the ordinances of the City of Waterloo
and further subject to Young Arena Committee approval, the approval of
which shall not be unreasonably withheld.
(2) WBH will bear all costs associated with the production, implementation and maintenance
of all signage.
(3) The City shall advertise each WBH Hockey Game in and on any advertising medium
controlled by the Arena, including calendar of events, marquee, etc.
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IX. BROADCAST RIGHTS
(1) WBH shall have the exclusive rights to broadcast, televise and cablecast all events which
may be scheduled, promoted and held by WBH in the Arena during the term of the
Agreement and shall retain all revenues which may be generated thereby.
(2) WBH may use the press boxes and/or other agreed upon areas for the purposes set forth in
the above paragraph.
(3) Except for any costs incurred by the City, there will be no fees for radio or television
broadcasts that originate from the Arena.
(4) Telephone bills for radio broadcast out of the Arena are to be directly billed to WBH, and
WBH shall make all necessary arrangements to that end with the telephone company.
X. CONCESSIONS AND BEVERAGES
(1) Except as otherwise expressly set forth in this Agreement, City shall provide and operate
all Concessions at all events in the Arena, including but not limited to Hockey Games and
Watch Events, and retain all revenues therefrom, and WBH shall provide and operate the WBH
Concessions during all Hockey Games and Watch Events and retain all revenues therefrom.
WBH shall provide reasonable promotion of Concessions on the video board during Hockey Games
and Watch Events. City shall have the exclusive right to sell Concession items through vending
machines. City will give reasonable consideration to suggestions and input from WBH and its
patrons about the Concessions menu and offerings and the pricing of same.
(2) On a limited basis, WBH may serve or sell Concessions from the Cold Zone area,
including special promotions by corporate sponsors or sponsor -themed novelties, upon giving at
least seven (7) days' advance written notice to City. WBH shall pay over to City all proceeds
that WBH receives in connection with such Concession sales.
(3) Each Hockey Season, WBH shall be allowed to hold outdoor tailgate parties that include
entertainment, food and beverage provided by WBH or its sponsors. WBH shall be responsible
for obtaining all permits and insurance therefor, and for proper cleanup and trash disposal
thereafter. City approval shall be necessary prior to these events, the approval of which shall
not be unreasonably withheld.
(4) Inside the Arena during Hockey Games, Watch Events, and other authorized events,
WBH may sell alcoholic beverages from the Cold Zone, from up to three (3) Beverage Stands,
and from one (1) Beverage Stand at the hospitality area in connection with reserved events in
such space as provided in paragraph (5) below. WBH shall be responsible for all costs and
expenses of any type or nature in any way relating to maintenance, repair, upkeep, renovation
and operation of Beverage Stands. If modifications are necessary to plumbing, electrical, or
other systems outside of the Beverage Stands in order to accommodate improvements relating to
the Beverage Stands, WBH shall be responsible for all related costs and expenses and shall not
proceed with work until the plans and specifications therefor have been approved by the City.
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All Beverage Stand improvements shall be constructed according to applicable federal, state and
local building codes and shall comply with all applicable City ordinances and other applicable
law. WBH shall coordinate with the City for access, scheduling, and other aspects of
constructing or remodeling the Beverage Stands. WBH's work of construction shall not
interfere with the City's operation of its own Concession areas or of the Arena in general.
(5) Upon seven (7) days' advance notice to City and subject to prior booking, WBH may
reserve the Budweiser hospitality area at the east end of the ground floor during Hockey Games
and Watch Events for group parties, for a fee of $100 per night. City will provide personnel to
set up and tear down any furniture, furnishings or equipment needed for the event.
(6) The parties agree that WBH's Cold Zone area may be reserved for group events during
Hockey Games and Watch Events and for up to two (2) hours before Hockey Games. WBH
may also reserve said area for supervised private group functions on non -game nights, upon
fourteen (14) days' advance notice to City and subject to non -conflict with other events at the
Arena. For functions on non -game nights, WBH shall pay City a fee of $150, and City will
provide customary custodial services for restrooms and areas outside of the Cold Zone.
(7) All non-alcoholic beverages offered or sold in the Cold Zone, private suites, and the
Budweiser hospitality suite shall be provided by City, except for non-alcoholic beverages
incorporated into mixed drinks. WBH will promote City as the preferred concessionnaire for
events in the Budweiser hospitality suite, and for events in the Cold Zone, private suites,
foundation room, and tailgate events the City's Concessions will be among a menu of catering
options available to event organizers. City shall at all times be free to offer Concessions for sale
to attendees of private events. WBH representatives will serve as the sole point of contact
between City and event organizers for coordination of Concession offerings and matters relating
thereto.
(8) WBH shall operate WBH Concession areas and Beverage Stands in compliance with all
local and state laws and regulations governing public health and sanitation, the sale of alcoholic
beverages, and alcohol licensing, as applicable. City shall provide reasonable cooperation in the
processing of WBH's alcohol licensing applications at the local and state levels.
(9) WBH may sell alcohol only in the Cold Zone and in designated Beverage Stands in
connection with Hockey Games and at no other time or location in the Arena, except as
provided in paragraph (10) below. WBH shall not sell alcoholic beverages of any kind from any
location after the end of a Hockey Game, except for sales in the Cold Zone for no more than 30
minutes after a Hockey Game.
(10) In addition to other authorized events, WBH may offer alcoholic beverages for sale from
Beverage Stands at other events in the Arena that are scheduled by the City, if requested by City
upon at least 14 days' advance notice to WBH and upon payment of a vendor fee to be
negotiated between the parties that is appropriate to the event. If instead City chooses to offer
beer or wine for sale itself at such events, WBH agrees to temporarily vacate its alcohol license
for the event so that City can obtain its own license for the event. City will reimburse WBH for
any fees assessed to WBH by the State of Iowa in connection with vacating or reinstating
WBH's license in such circumstances.
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(11) The parties will cooperate in good faith to develop and carry out joint promotional
ventures, such as but not limited to offering sponsor promotional items and providing pre -game
specials for season ticket holders. Each season, City agrees to offer discounted Concessions on
five (5) regular season game dates that the parties will mutually determine, including special
pricing on hot dogs, popcorn and soft drinks. Each season, City will also offer an affordable
"family four pack" option on up to ten (10) regular season game dates.
(12) For the 2017-2018 hockey season, City agrees to honor WBH's existing contract for a
third -party vendor to sell branded food items from a location in the Arena during Hockey
Games. City and the vendor will work together to provide a suitable location for said food
sales. City will retain all revenues derived from such sales.
(13) The offer or sale of non-alcoholic beverages of any type is subject to the terms and
limitations of any prior vending agreements applicable to the Arena. At present, Pepsi
Beverages Company has exclusive rights to offer and sell carbonated and non -carbonated non-
alcoholic beverages (other than fresh brewed hot coffee, hot chocolate and milk) distributed in
pre-packaged form such as bottles and cans.
XI. PROGRAMS
(1) WBH shall have the exclusive rights and retain all revenues generated from any
publications (including programs, yearbooks, scorebooks) which it may sell on the Arena
premi ses.
(2) The City shall provide space for WBH to sell programs at each Hockey Game.
XII. TEAM MERCHANDISE AND NOVELTIES
(1) WBH has the exclusive right to sell Team Merchandise & Novelties and to retain all
profits from such sales.
(2) The City shall provide space for WBH to sell Team Merchandise & Novelties at each
Hockey Game.
XIII. RENTAL; FEES
(1) WBH will pay City a base fee of $75,000 per Hockey Season for rental of Arena facilities
as set forth in this Agreement. Because the term of this Agreement involves three Hockey
Seasons but does not involve three full fiscal years, for the avoidance of doubt the following
monthly fees are payable with respect to each fiscal year:
8/01/17 — 6/30/18
7/01/18 — 6/30/19
7/01/19 — 5/31/20
$6,818.18
$6,250.00
$6,818.18
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In the alternative, WBH may pay the monthly fees in equal amounts of $6,617.65 over the 34 -
month initial term of this Agreement. In any renewal term, the monthly fee shall be $6,250.00.
The monthly rental fee is payable in advance on or before the first day of each month during the
term hereof. No later than August 1, 2017, WBH shall also pay in full all invoices from City that
have been outstanding for more than thirty (30) days.
(2) WBH agrees to pay the contracted ice user rate for all try -out camps and youth
hockey camps, not to exceed $175 per hour for the 2017-2020 hockey seasons. Payment will be
made within thirty (30) days after conclusion of each camp. For pre -season orientation camp,
WBH will pay the rate provided for in Section VI.
(3) WBH shall pay such other fees as are provided for in other sections of this Agreement.
XIV. PAYMENT PROCEDURES
(1) The procedures set forth in this Section XIV shall apply to any obligation of payment
under this Agreement that one party has to the other. The base rental fee shall be paid in
advance, on or before the first day of each month during the term of this Agreement. All other
fees shall be paid in arrears as provided in this Section XIV.
(2) Within fifteen (15) days following the end of each month, each party shall deliver to the
other an itemization showing all amounts payable by such party, or chargeable by such party to
the other party, with respect to the month just ended, other than base rental fees. The parties
shall promptly cooperate and confer to address any concerns or discrepancies so that payment
can be made in accordance with paragraph (3).
(3) Within sixty (60) days after the end of each month, following evaluation of the
information exchanged pursuant to paragraph (2), the party that has a payment obligation to the
other party for the preceding month shall remit payment in full to the other party.
(4) Unless expressly stated to the contrary elsewhere in this Agreement, all payments are
due and owing no later than sixty (60) days after the end of the month from which the payment
obligation arose.
XV. INSURANCE
(1) WBH shall secure at its own expense and provide the City a certificate of insurance naming
the City as an additional insured and obtaining a comprehensive public liability insurance policy for
bodily injury or death in the minimum amount of $2,000,000 for one person, one occurrence, and
$2,000,000 for two (2) or more people on any one occurrence, and property damage in the amount
of $2,000,000 per occurrence. The certificate of insurance shall be provided within thirty (30)
days of the effective date of this Agreement and shall provide for thirty (30) days' advance
notice to City before cancellation. A renewal certificate shall be provided to City prior to
expiration of any policy.
(2) WBH shall provide proof of financial responsibility by the existence of a dram shop
liability insurance policy as required by law (which coverage may be included in liability
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coverage required by paragraph (1) above) in the minimum amount of $2,000,000 per
occurrence. If WBH or operators of its concession areas will serve alcohol other than beer or
wine, the minimum coverage amount shall be $3,000,000 per occurrence. Certificates or copies
of said policies, providing for thirty (30) days' advance notice to the State of Iowa before
cancellation, shall be delivered to City before WBH serves or sells any alcoholic beverages in the
Arena. A renewal certificate shall be provided to City prior to expiration of any policy. The
indemnity provisions of Section XVI(1) shall also apply with respect to any and all loss, cost,
damage, and expense occasioned by, of arising out of, any claim relating to alcoholic beverages
dispensed by WBH. WBH shall provide to City proof of all licenses required by law prior to the
conducting of any service or sale of alcoholic beverages. WBH agrees to assume all liability for
any and all claims and/or causes of action at law or equity or otherwise which may arise from the
dispensing of alcoholic beverages by WBH, its employees or agents.
XVI. INDEMNIFICATION
(1) WBH shall defend, hold harmless and indemnify the City, its officers, employees and
agents, from and against any and all liability, loss, expense (including reasonable attorney's
fees), or claims for injury or damages arising out of the performance of this Agreement or the
activities of WBH, its officer, agents or employees, on or about the Arena or the Arena parking
lot, but only in proportion to and to the extent such liability, loss, expense, attorney's fees, or
claims for injury or damages are caused by or result from the negligent or intentional acts or
omissions of WBH, its officers, agents, or employees.
(2) To the extent permitted by applicable law, City shall defend, hold harmless, and
indemnify WBH, its officers, employees and agents, harmless from and against any and all
liability, loss, expense (including reasonable attorney's fees), or claims for injury or damages
arising out of the performance of this Agreement or the activities of City, its officers, agents or
employees, on or about the Arena or the Arena lot, but only in proportion to and to the extent
such liability, loss, expense, attorney's fees, or claims for injury or damages are caused by or
result from the negligent or intentional acts or omissions of the City, its officers, agents, or
employees.
XVII. TERMINATION/DEFAULT
(1) This Agreement shall automatically terminate upon expiration of the original term or any
renewal term.
(2) In the event that any dispute arising between the parties hereto with respect to the subject
matter herein contained cannot be resolved amicably by the parties after reasonable and diligent
effort, notice of said default shall be given in writing to the defaulting party, and it shall have
thirty (30) days from receipt of such notice within which to correct such default. If the parties
fail to agree on the existence, extent or correction of an alleged event of default, then the same shall
be submitted for arbitration to an organization licensed in Iowa providing such services as mutually
agreed upon. The parties shall select from a list of arbitrators provided by the organization,
each having the opportunity to reject names on the list until such time as one name is left. This
name would then be the arbitrator selected to resolve the dispute.
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(3) Either party may use any other remedies available to it under applicable law. These
remedies will be applied, to the extent allowed by law, cumulatively. No delay in exercising
any right or remedy shall operate as a waiver of any right or remedy or modify the terms of this
Agreement.
(4) If either party institutes any suit or action to enforce its rights hereunder, the successful
party in such suit or action shall be entitled to recover from the other whatever sum the court or
arbitrator may award as reasonable attorneys' fees in such suit or action and in any appeals
therefrom.
XVIII. ASSIGNMENT; SUBLEASE
Except as set forth herein, neither this Agreement, nor the rights, privileges, duties nor
obligations of the parties hereunder, may be assigned or delegated without the prior written
consent of the other party; and such consent will not be unreasonably withheld. WBH may
assign this Agreement without City's consent to a hockey organization approved by USA
Hockey or the executive committee of the USHL, provided that (a) WBH will notify City as
soon as possible in advance of any such assignment, (b) WBH shall not be released from the
performance of any duty that accrued or was required to be done before the effective date of
assignment, and (c) the assignee shall agree in writing to be subject to all of the terms and
conditions of this Agreement that are applicable to WBH. WBH may sublease the premises on
a temporary, short-term basis, but only with the prior written consent of City and only if the
sublessee agrees in writing to be subject to all of the terms and conditions of this Agreement
that are applicable to WBH.
XVIX. OPERATIONS REVIEW
(1) Between April 15 and May 15 of each year of the Agreement, WBH and City will meet to
review the previous year's operation, including but not limited to the following:
(i) seating;
(ii) parking;
(iii) advertising;
(iv) ice surface area and condition;
(v) accommodations — locker rooms, office areas, etc.
The purpose of this review is not to change the terms of this Agreement, but rather to address
annually the legitimate concerns of each party and to jointly resolve those concerns to the extent
practical. If the concerns of each party cannot be satisfactorily resolved, the dispute will be
resolved according to Section XVII(2) above.
XX. NOTICE
Any and all notices required or permitted to be given hereunder shall be deemed given when
actually received, if delivered personally, or two (2) business days after mailing if mailed by U.S.
registered or certified mail, postage prepaid, and addressed as follows:
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(1) WBH Waterloo Black Hawks Hockey, LLC
Attn: P.K. O'Handley
125 Commercial Street
Waterloo, IA 50701
(2) City of Waterloo Mayor
City of Waterloo
715 Mulberry St.
Waterloo, IA 50703
With copy to: Young Arena
Attn: Chris Dolan (or successor facility manager)
125 Commercial St.
Waterloo, IA 50701
XXI. GENERAL TERMS
(1) 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.
(2) 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.
(3) If any provision of this Agreement shall be waived or be determined to be invalid, illegal
or unenforceable, the remaining provisions of this Agreement shall be unaffected thereby and
shall remain binding and in full force and effect.
(4) This Agreement constitutes the entire agreement between the parties hereto with respect
to the subject matter herein contained. There are no agreements or understandings between the
parties hereto, whether oral or written, regarding the subject matter hereof, which have not been
embodied herein or incorporated herein by reference. This Agreement is binding upon and shall
inure to the benefit of the parties and their respective successors and assigns. It may not be
modified or amended except in a written instrument signed by the parties.
IN WITNESS WHEREOF, the parties have entered into this Lease and Use Agreement by their
duly authorized representatives as of the date first set forth above.
[signatures on next page]
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CITY OF WATERLOO, IOWA WATERLOO BLACK HAWKS
HOCKEY, LLC
By:
Quentin M. Hart, Mayor By:
Title:
Attest:
Kelley Felchle, City Clerk
STATE OF IOWA )
) ss.
BLACK HAWK COUNTY )
Acknowledged before me on , 2017 by Quentin M. Hart and Kelley
Felchle, as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa.
Notary Public
STATE OF IOWA )
) ss.
BLACK HAWK COUNTY )
Acknowledged before me on , 2017 by
as of Waterloo Black Hawks
Hockey, LLC.
Notary Public
Page 14
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CITY OF WATERLOO
Council Communication
Resolution approving the bonds and certificates of insurance with Aspro, Inc. of Waterloo, Iowa, for the
Pavement Joint Repair Project on Runway 12/30 and Airfield Painting Improvements Project on Runways
12/30 & 18/36, and Adjacent Eligible Taxiways and Apron Parking Aprons at Waterloo Regional Airport in the
amount of $575,859.35, and authorize the Mayor and City Clerk to execute said documents.
City Council Meeting: 8/14/2017
Prepared: 8/8/2017
REVIEWERS:
Department Reviewer Action Date
Airport Kaspari, Keith Approved 8/8/2017 - 6:48 PM
Clerk Office Even, LeAnn Approved 8/9/2017 - 1:16 PM
ATTACHMENTS:
Description Type
D Project Financial Plan Cover Memo
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Expenditure Required:
Source of Funds:
Policy Issue:
Resolution approving the bonds and certificates of insurance with Aspro,
Inc. of Waterloo, Iowa, for the Pavement Joint Repair Project on Runway
12/30 and Airfield Painting Improvements Project on Runways 12/30 &
18/36, and Adjacent Eligible Taxiways and Apron Parking Aprons at
Waterloo Regional Airport in the amount of $575,859.35, and authorize the
Mayor and City Clerk to execute said documents.
Submitted By: Keith Kaspari, Airport Director
Approve of the above request by Airport Staff.
This project will provide ongoing pavement rehabilitation to critical areas of
aircraft movement areas, but especially this project, since it is on Waterloo's
Primary Runway.
Total cost of this project, referenced as: Bid Package No: 2, has a project
bid cost of $575,859.35.
The funds will be derived via the Federal Aviation Administration's (FAA's)
Airport Improvement Program (AIP).
See Attached Financial Plan.
This project complies with the City of Waterloo's Strategic Plan, as follows:
Goal No: 2, and Strategy No: 2.2
Goal No: 3, and Strategy Nos: 3.1, 3.3, 3.4, 3.5 and 3.7.
Goal No: 4, and Strategy Nos: 4.1 and 4.5.
Page 151 of 205
Alternative:
Background Information:
Legal Descriptions:
There were no project alternatives for this project.
This project will finally, and permanently correct the heaving / buckled
pavement at the intersection of Runway 12/30 and Taxiway B-1.
This project will also repaint all project eligible pavement markings on
Runways 12/30, 18/36 and all adjacent taxiways.
Not Applicable for this request by Staff.
Page 152 of 205
City of Waterloo
As of June 30, 2017
Projected Expenses and Funding for AIP Contract 045
Expenses:
Contracts:
AECOM
Design
130,500.00
87, 800.00
218,300.00
Prepared by MWeidner 7/12/17
AECOM CRS 254,000.00
Total Engineering 472,300.00
Airport Administration 5,000.00
Construction
Croel I 2,128,833.19
Aspro 575,859.35
2,704, 692.54
Less Ineligible Items (8,290.00)
Subtotal Eligible Construction 2,696,402.54
Total Eligible Expenses (Construction, Engineering & Admin) 3,173,702.54
Grant Application Amount 3,181,993.00
Difference
(8,290.46)
C:\Users\AIRBOSS\AppData\Local\Microsoft\Windows\Temporary Internet
Files\Content.Outlook\DOKBCC6Z\DWS Airport AIP Contract Funding Shortfall Sheet' Page 153 of 205
Prepared by MWeidner 7/12/17
City of Waterloo
As of June 30, 2017
Projected Expenses and Funding for AIP Contract 045
Revenue:
FAA Entitlement Funds:
FFY14 Committed $0.00
FFY15 Committed $655,714.00
FFY16 Committed $1,000,000.00
FFY17 Committed $1,000,000.00 $2,655,714.00
FFY18 Projected $200,619.00
Passenger Facility Charges:
Total Matching Funds Required
Total ineligible Amount
Total Local Share
3,173,702.54
8,290.00
2,856,333.00
317,370.25
8,290.00
325,660.25
PFC Cash Balance June 30, 2017 108,591.38
Projected FYE18 PFC Collections 107,000.00
Actual FYE17 106,832.86
Corporate Hangar Funds Collected in Excess
of Amount Needed to repay
Bonds as of June 30, 2017 40,929.82
Budgeted FYE18 Corporate Hangar Revenue 64,296.00
Less:
PFC Audit fees
PFC Program Administration Fees
Engineering - Taxiway A West, Other Proj
(2,000.00)
(25,000.00)
(9,000.00)
Projected PFCs Available Through June 30, 2018 284,817.20
Excess (Shortfall)
(40,843.05)
C:\Users\AIRBOSS\AppData\Local\Microsoft\Windows\Temporary Internet
Files\Content.Outlook\DOKBCC6Z\DWS Airport AIP Contract Funding Shortfall Sheetl Page 154 of 205
Keith Kaspari
To: MICHELLE WEIDNER
Cc: David.Hughes@aecom.com; doug.schindel@aecom.com; KELLEY FELCHLE; SHEILA
COMBS
Subject: RE: Grant 45 Funding Sheet
Michelle,
I understand you are out of the office this morning, not sure if all day,
Working with Sheila of the Staff below is Staff's request, pending a number of budget amendments with your approval,
to arrive at the estimated project shortfall of $40,843.05.
Reduce the following accounts as follows:
Acct: 1319 —$5,000. Other Professional Services
Acct: 1351— $10,000 Advertising Expense
Acct: 1387 - $2,500 Radio and Related Equipment
Acct: 1538 — $5,000 Fuel For Resale
Acct: 2106 — $2,500. Computer Equipment
Sub -Total — $25,000
The Outstanding Balance is $15,843.05.
Please deduct the above balance from the Bond Funds via the Parking Lot Replacement Equipment project. Since this
was approved I believe at $230,000, this then should still provide Staff approximately $214,000 to complete the
installation of new equipment.
With your review of the above, please provide your approval of the above, as I would still need to make the necessary
revisions to the three agenda items via the NOVUS system before Kelley and LeAnn finalizes Monday's agenda.
As such, Doug, I'll reroute the two copies of the CRS agreement to your office for signature, and then hand deliver them
to Nancy of Kelley's team on Monday.
Thank you —
Keith
From: MICHELLE WEIDNER
Sent: Thursday, July 13, 2017 7:44 AM
To: Schindel, Doug
1
Page 155 of 205
CITY OF WATERLOO
Council Communication
Resolution approving the bonds and certificates of insurance with Croell, Inc. of New Hampton, Iowa, for the
Taxiway Charlie Pavement Reconstruction Project at Waterloo Regional Airport in the amount of
$2,128,833.19 and authorize the Mayor and City Clerk to execute said documents.
City Council Meeting: 8/14/2017
Prepared: 8/8/2017
REVIEWERS:
Department
Airport
Clerk Office
Reviewer
Kaspari, Keith
Felchle, Kelley
ATTACHMENTS:
Description
D Project Financing Plan
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Expenditure Required:
Source of Funds:
Policy Issue:
Alternative:
Action
Approved
Approved
Type
Cover Memo
D ate
8/8/2017 - 7:07 PM
8/9/2017 - 1:16 PM
Resolution approving the bonds and certificates of insurance with Croell,
Inc. of New Hampton, Iowa, for the Taxiway Charlie Pavement
Reconstruction Project at Waterloo Regional Airport in the amount of
$2,128,833.19 and authorize the Mayor and City Clerk to execute said
documents.
Submitted By: Keith Kaspari, Airport Director
Approve the above request by Airport Staff.
This project continues Staff priorities to rehabilitate aircraft pavements.
This project provides complete pavement reconstruction of the parallel
taxiway to Waterloo's secondary runway (18/36).
This project, referenced as Bid Package No: 1, has an as -bid cost of:
$2,128,833.19.
This project will be funded by the Federal Aviation Administration's (FAA's)
Airport Improvement Program (AIP).
See attached project financing plan.
This project complies with the City of Waterloo's Strategic Plan, as follows:
Goal No: 2 and Strategy No: 2.2
Goal No: 3 and Strategy Nos: 3.1, 3.3, 3.4, 3.5 and 3.7.
Goal No: 4 and Strategy No: 4.1.
No project alternatives were selected for this project.
Page 156 of 205
Background Information:
This project replaces the current asphalt pavement on Taxiway Charlie with
concrete (PCC), which can significantly extend the service life on this
taxiway.
This project also includes moving forward with energy efficient LED
taxiway edge lights replacing antiquated quartz technology.
Legal Descriptions: Not Applicable for this request by Staff.
Page 157 of 205
City of Waterloo
As of June 30, 2017
Projected Expenses and Funding for AIP Contract 045
Expenses:
Contracts:
AECOM
Design
130,500.00
87, 800.00
218,300.00
Prepared by MWeidner 7/12/17
AECOM CRS 254,000.00
Total Engineering 472,300.00
Airport Administration 5,000.00
Construction
Croel I 2,128,833.19
Aspro 575,859.35
2,704, 692.54
Less Ineligible Items (8,290.00)
Subtotal Eligible Construction 2,696,402.54
Total Eligible Expenses (Construction, Engineering & Admin) 3,173,702.54
Grant Application Amount 3,181,993.00
Difference
(8,290.46)
C:\Users\AIRBOSS\AppData\Local\Microsoft\Windows\Temporary Internet
Files\Content.Outlook\DOKBCC6Z\DWS Airport AIP Contract Funding Shortfall Sheet' Page 158 of 205
Prepared by MWeidner 7/12/17
City of Waterloo
As of June 30, 2017
Projected Expenses and Funding for AIP Contract 045
Revenue:
FAA Entitlement Funds:
FFY14 Committed $0.00
FFY15 Committed $655,714.00
FFY16 Committed $1,000,000.00
FFY17 Committed $1,000,000.00 $2,655,714.00
FFY18 Projected $200,619.00
Passenger Facility Charges:
Total Matching Funds Required
Total ineligible Amount
Total Local Share
3,173,702.54
8,290.00
2,856,333.00
317,370.25
8,290.00
325,660.25
PFC Cash Balance June 30, 2017 108,591.38
Projected FYE18 PFC Collections 107,000.00
Actual FYE17 106,832.86
Corporate Hangar Funds Collected in Excess
of Amount Needed to repay
Bonds as of June 30, 2017 40,929.82
Budgeted FYE18 Corporate Hangar Revenue 64,296.00
Less:
PFC Audit fees
PFC Program Administration Fees
Engineering - Taxiway A West, Other Proj
(2,000.00)
(25,000.00)
(9,000.00)
Projected PFCs Available Through June 30, 2018 284,817.20
Excess (Shortfall)
(40,843.05)
C:\Users\AIRBOSS\AppData\Local\Microsoft\Windows\Temporary Internet
Files\Content.Outlook\DOKBCC6Z\DWS Airport AIP Contract Funding Shortfall Sheetl Page 159 of 205
Keith Kaspari
To: MICHELLE WEIDNER
Cc: David.Hughes@aecom.com; doug.schindel@aecom.com; KELLEY FELCHLE; SHEILA
COMBS
Subject: RE: Grant 45 Funding Sheet
Michelle,
I understand you are out of the office this morning, not sure if all day,
Working with Sheila of the Staff below is Staff's request, pending a number of budget amendments with your approval,
to arrive at the estimated project shortfall of $40,843.05.
Reduce the following accounts as follows:
Acct: 1319 —$5,000. Other Professional Services
Acct: 1351— $10,000 Advertising Expense
Acct: 1387 - $2,500 Radio and Related Equipment
Acct: 1538 — $5,000 Fuel For Resale
Acct: 2106 — $2,500. Computer Equipment
Sub -Total — $25,000
The Outstanding Balance is $15,843.05.
Please deduct the above balance from the Bond Funds via the Parking Lot Replacement Equipment project. Since this
was approved I believe at $230,000, this then should still provide Staff approximately $214,000 to complete the
installation of new equipment.
With your review of the above, please provide your approval of the above, as I would still need to make the necessary
revisions to the three agenda items via the NOVUS system before Kelley and LeAnn finalizes Monday's agenda.
As such, Doug, I'll reroute the two copies of the CRS agreement to your office for signature, and then hand deliver them
to Nancy of Kelley's team on Monday.
Thank you —
Keith
From: MICHELLE WEIDNER
Sent: Thursday, July 13, 2017 7:44 AM
To: Schindel, Doug
1
Page 160 of 205
CITY OF WATERLOO
Council Communication
Resolution approving a consultant contract with Shive-Hattery, Inc. of Cedar Rapids, Iowa for downtown
traffic signal retiming, in the amount of $193,445, and authorize Mayor and City Clerk to execute said
documents.
City Council Meeting: 8/14/2017
Prepared: 8/9/2017
REVIEWERS:
Department
Traffic Operations
Clerk Office
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Expenditure Required:
Source of Funds:
Policy Issue:
Background Information:
Reviewer
Felchle, Kelley
Felchle, Kelley
Action
Approved
Approved
D ate
8/9/2017 - 2:51 PM
8/9/2017 - 2:51 PM
Resolution approving a consultant contract with Shive-Hattery, Inc. of
Cedar Rapids, Iowa for downtown traffic signal retiming, in the amount of
$193,445, and authorize Mayor and City Clerk to execute said documents.
Submitted By: Sandie Greco, Interim Public Works Director
Approve Resolution
The last time a traffic study on retiming was implemented was 1999. Traffic
studies should be done every 3-5 yeas.
$193,445.00
ICAAP - 80% - $154,756.00
City's share - GO Bond - $38,689.00
Strategy 3.4 - Identify and implement proven cost and resource saving
measures. (Consumer savings on fuel and time)
This project includes counts of pedestrian and bicyclists in downtown area.
Many things (businesses, bike trails, parking) have changed over the past
years which require new timing of signals in the downtown corridor.
Page 161 of 205
CITY OF WATERLOO
Council Communication
Resolution approving Right of Entry Agreement with Peterson Contractors Incorporated, to utilize portions of
City owned property in conjunction with the construction of a new Highway 63 overpass over the Chicago
Central Railroad near Virden Creek, and authorize the Mayor to execute said document.
City Council Meeting: 8/14/2017
Prepared: 8/8/2017
REVIEWERS:
Department
Planning & Zoning
Planning & Zoning
Planning & Zoning
Clerk Office
Reviewer
Schroeder, Aric
Andera, Tim
Schroeder, Aric
Felchle, Kelley
ATTACHMENTS:
Description
D Attachments - PCI ROE
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Action
Rej ected
Approved
Approved
Approved
Type
Cover Memo
D ate
8/8/2017 - 1:42 PM
8/8/2017 - 4:10 PM
8/8/2017 - 5:51 PM
8/9/2017 - 2:55 PM
Resolution approving Right of Entry Agreement with Peterson Contractors
Incorporated, to utilize portions of City owned property in conjunction with
the construction of a new Highway 63 overpass over the Chicago Central
Railroad near Virden Creek, and authorize the Mayor to execute said
document.
Submitted By: Noel Anderson, Community Planning and Development
Director
Approval
Transmitted is a request by the City of Waterloo and PCI to enter into a
right -of -entry agreement to allow PCI a staging area to construct a new
overpass over the Chicago Central Railroad line near Virden Creek, just
north of Dane Street. PCI shall have the right to park and haul materials
onto the property as detailed in the attached aerial photograph to stage to
construct the new overpass over the existing railroad bridge. Once the
overpass is completed, PCI shall restore the condition of the property to its
original condition.
There is wording in paragraph five of the agreement that PCI agrees to
indemnify and save harmless the City against and from any and all liability,
loss, costs and expense arising out of personal injury to or death. The
property in question is in good shape and fully grassed and it will be the
responsibility of PCI to restore the ground back to the original condition
they found it in before commencement of the project.
Page 162 of 205
Expenditure Required:
Source of Funds:
Policy Issue:
Alternative:
Background Information:
There is a sanitary lift station on the southerly parcel and PCI shall maintain
a 10' clearance from said station to the allow the City access if needed in the
future for maintenance.
N/A
N/A
Use of City Property
If the right -of -entry is not approved, PCI will have to find another location
that would be farther from the proposed overpass location, which could add
expenses to the project and delay the project.
Highway 63 is currently being reconstructed from Highway 218, northward
to Conger Street.
Page 163 of 205
J7198
RIGHT OF ENTRY AGREEMENT
THIS RIGHT OF ENTRY AGREEMENT ("Agreement") is made as of this Zi""
day
of j , 2017, between the CITY OF WATERLOO, IOWA, an Iowa municipal corporation
("Owner'), and PETERSON CONTRACTORS INCORPORATED, ("PCI").
1. Owner grants to PCI the right to enter upon and use the parcel of land (the "Property") in
the city of Waterloo, Black Hawk County, Iowa, shown on the prints attached hereto as Exhibit
A and hereby made a part hereof, for purposes of (a) constructing a new Highway 63 overpass
over the existing railroad tracks (the "Project"), and (b) establishing parking and a staging site
for outdoor storage of materials and equipment and for construction work on overpass
components as shown on Exhibit A.
2. The term of this Agreement shall commence on the date hereof and terminate upon the
Owner's approval and acceptance of PCI's repair of the Property used by PCI for the Project, as
set forth below.
3. PCI shall also have the right to park and haul materials onto the Property in order to stage
to construct an overpass over the existing railroad bridge, located south of the intersection of
Conger/Newell Street and Highway 63 (Logan Avenue). Once PCI has completed the overpass,
PCI shall restore the condition of the Property to its original condition it was found it with proper
seeding and grading if necessary. There is a sanitary lift station on the southerly triangular
parcel and PCI shall maintain a 10' clearance from said station to allow for access if needed.
PCI, its employees, agents and contractors shall be aware of the existing sanitary sewer lift
station, and shall be responsible for any damages that occur to the sanitary sewer lift station
where it is located on the Owner's property caused by its employees, agents and contractors
during the terms of this agreement.
4. After PCI has restored the Property to its original condition, PCI shall notify Owner so
that Owner may inspect PCI's work on the Owner's Property. Owner shall either advise PCI of
deficiencies in PCI's restoration of the Property, or approve and accept the restoration of the
Property by PCI. Owner acknowledges that the restoration of the Property by the PCI after
completion of the Project is intended generally to restore the Property to its condition on the date
hereof, not to other specifications elected by the Owner.
5. PCI agrees to indemnify and save harmless Owner against and from any and all liability,
loss, costs and expense arising out of personal injury to or death of persons whomsoever, or loss
or destruction of or damage to property, where such personal injury, death, loss, destruction or
damage is caused by the negligence of PCI, PCPs agents, contractors, servants or licensees, in
entering upon the Property pursuant to this Agreement. To the extent permitted by applicable
law, Owner shall defend, indemnify, and hold harmless PCI from and against losses, damages,
costs and expenses (including fines, penalties and reasonable attorney's fees) which may result
from the presence of any Hazardous Substances on or near the Property, except to the extent
released on or under the Property by PCI. PCI shall defend, indemnify, and hold harmless Owner
from and against losses, damages, costs and expenses (including fines, penalties and reasonable
attorney's fees) which may result from the release by PCI of any Hazardous Substances on or
under the Property. "Hazardous Substance" shall mean any hazardous, toxic, dangerous or
Page 164 of 205
extremely dangerous substance, material or waste, which is or becomes regulated by the United
States government, the State of Iowa, or any local governmental entity, and shall include,
without limitation, any flammables, explosives, radioactive materials, hazardous materials,
hazardous waste, hazardous or toxic substances or related materials defined in the
Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended,
the Hazardous Materials Transportation Act, as amended, the Resource Conservation Recovery
Act, as amended, and/or the regulations promulgated pursuant thereto. The rights and
obligations set forth in this Section 5 shall survive the termination or expiration of this
Agreement.
6. Owner hereby represents that:
(i)
it has the full right and authority to enter into this Agreement and consummate the
transaction contemplated by this Agreement;
(ii) the zoning regulations of Owner permit the parking and outdoor equipment and
material storage and construction work uses by PCI which are contemplated by
this Agreement; and
(iii) Owner has received no notice from any entity indicating the presence of any
Hazardous Substance on or under the Property or of any other violation of any
applicable environmental law, rule, ordinance, or regulation by or at the Property.
7. PCI shall not knowingly cause or permit any Hazardous Substance to be brought upon,
kept, or used in or about the Property in violation of applicable law by its employees, agents,
contractors, guests, or invitees. If PC1 breaches such obligation, or if contamination of the
Property from Hazardous Substances is caused or contributed to by the acts or omissions of PCI,
its officers, directors, employees, agents, contractors, guests, or invitees (a "Breaching Party") or
otherwise occurs for which the Breaching Party is legally liable, then the Breaching Party shall
indemnify, defend, and hold hamdess the Owner as provided in Section 5 above. Without
limiting the foregoing, if the presence of any Hazardous Substance caused or permitted by the
Breaching Party results in any contamination of the Property, PCI shall promptly notify Owner
of such contamination and shall, at its sole expense, take all actions as are necessary to return the
contaminated area to the condition existing prior to the introduction of any such Hazardous
Substance; provided that PCI shall first obtain Owner's approval of any such action. The parties
acknowledge PCI, its employees, agents, and contractors, will be using machinery to carry out
the Project and said machinery necessarily requires for proper operation the use of substances
defined as Hazardous Substances for purposes of this Agreement. The use of such substances for
said purposes is permitted, provided that PCI observes the requirements of this Agreement in the
event that any Hazardous Substance is spilled, discharged or otherwise released so as to cause
contamination of the Property.
8. PC1 shall permit Owner and its agents, employees and representatives to enter upon the
Property to inspect the Property so long as Owner provides reasonable advance notice to PCI and
does not interfere in any material way with PCI's use of the Property.
9. Any notices required or desired to be given under this Agreement shall be in writing and
personally served, given by overnight express delivery, or given by mail. Any notice given by
2
Page 165 of 205
mail shall be sent, postage prepaid, by certified mail, return receipt requested, addressed to the
party to receive at the following address or at such other address as the party may from time to
time direct in writing:
Owner:
PCI:
CITY OF WATERLOO, IOWA
Attn: City Engineer
715 Mulberry Street
Waterloo, Iowa 50703
Telephone: (319) 291-4312
Facsimile: (319) 291-4262
PETERSON CONTRACTORS, INC.
ATTN: Cordell Peterson, President
104 Black Hawk Street
Reinbeck, IA 50669
Telephone: (319) 345-2713
Facsimile: (319) 345-2991
Express delivery notices shall be deemed to be given upon receipt. Postal notices shall be
deemed to be given three (3) days after deposit with the United States Postal Service.
Additionally, PCI shall provide Owner with names and contact information for PCI's Property
representative and its contractor's site representative.
10. This Agreement shall be governed, construed and enforced in accordance with the laws
of the State of Iowa.
11. This Agreement shall be binding upon and inure to the benefit of the parties hereto, and
their successors and assigns.
12. Any provisions that require observance or performance subsequent to termination shall
survive termination.
13. Should either party institute any action or proceeding to enforce or interpret this
Agreement or any provision hereof, for damages by reason of any alleged breach of this
Agreement or of any provision hereof, or for a declaration of rights hereunder, the prevailing
party in any such action or proceeding shall be entitled to receive from the other party all costs
and expenses, including reasonable attorneys' fees incun-ed by the prevailing party in connection
with such action or proceeding. The term "action or proceeding" shall mean and include actions,
proceedings, suits, arbitrations, appeals and other similar proceedings.
IN WITNESS WHEREOF, Owner and PC1 have caused this Right of Entry Agreement to
be executed by their duly authorized representatives as of the day and year first above written.
3
Page 166 of 205
Owner: CITY OF WATERLOO, IOWA
an Iowa municipal corporation
By:
Title:
PETERSON CONTRACTORS, INC.
an Iow r e oration
By:
Title: president
4
Page 167 of 205
Nota:
Base map data sane is Bank Hart Casey.
Th s map does not represent a sur y, ro 1 ebdy
aseumed for de accuracy of the deladef..ted here'.%
edhar awes Ned orimp ad by Bark Hawk Cony. the
Brack Hark County Assessor. orlhe'r emptryen
The Gy of Waterloo makes no wenany, urea ce
Irn pled, as to the accuracy Dither knreeNnadon admin
on this map, and exam* &Cams 1 ebEy Iv loa
accuracy thereof. lfsenaeed. relerto iS
pals, errreye, recorded deeds, de braced at Na
&e k Mara. County !sensors OToe For camp,.
end occurs inbrmadm.
C1tti d Waterloo, Iowa
PCF Ri6ht-o1rEntrtj
rXikttaitr " A"
0 37.5 5
WE
Page 168 cf 255
CITY OF WATERLOO
Council Communication
Resolution approving the Business Financial Assistance Application for tax credits through the Iowa
Economic Development Authority, with a local match commitment through TIF incentives for the expansion
of Crystal Distribution Services, Inc., located at 1656 Sycamore Street, and authorize the Mayor and City
Clerk to execute any necessary documents.
City Council Meeting: 8/14/2017
Prepared: 8/9/2017
REVIEWERS:
Department Reviewer Action Date
Planning & Zoning Schroeder, Aric Approved 8/9/2017 - 11:14 AM
Clerk Office Even, LeAnn Approved 8/9/2017 - 1:55 PM
ATTACHMENTS:
Description Type
D Application Backup Material
SUBJECT:
Submitted by:
Resolution approving the Business Financial As s is tanc e Application for tax
credits through the Iowa Economic Development Authority, with a local
match commitment through TIF incentives for the expansion of Crystal
Distribution Services, Inc., located at 1656 Sycamore Street, and authorize
the Mayor and City Clerk to execute any necessary documents.
Submitted By: Noel Anderson, Community Planning & Development
Director
Recommended Action: Adopt resolution to approve documents
The Crystal Distribution Services, Inc applies for Business Financial
Assistance funds to help with the expansion of their company in
Summary Statement: Waterloo. The expansion has an estimated cost of approximately $5.5
million. Estimated taxable value for the expansion is to be determined by the
Assessor's office.
Expenditure Required: Future Development Agreement with TIF incentives.
Source of Funds: TIF
Policy Issue: Strategic Planning Policy 1, 3 and 4 regarding Economic Development
Alternative: NA
Background Information:
Crystal Distribution Services, Inc is looking to expand their operations and
are applying for business financial assistance with the Iowa Economic
Development Authority.
Page 169 of 205
Legal Descriptions:
RIVERSIDE ADDITION PART BLK 5 BLK 9 AND VAC DIVISION
ST ALSO THAT PART VAC RATH ST AND LOT 25 IN MORNING
SIDE ADDITION ALSO THAT PART OF A CERTAIN PARCEL OF
LAND LOC ALONG N BANK CEDAR RIVER BETWEEN ELM ST
AND 18TH ST AND IN N 1/2 SE SEC 25 T 89 R 13 SAID PARCEL
AS DESC IN CLD B 594 P 868 ALL OF THE ABOVE DESC AS
FOL: BEG AT PT ON E LINE VAC ELM ST WHICH IS 143.94 FT S
OF NW COR BLK 5 IN RIVERSIDE ADDN TH S 54 DEG 23 MIN
30 SEC E 594.07 FT TH S 35 DEG 37 MIN 40 SEC W 221.87 FT TH N
54 DEG 22 MIN 15 SEC W 272.70 FT TH S 34 DEG 04 MIN 40 SEC
W 206.87 FT TO SLY LINE OF ABOVE MENTIONED PARCEL
CLD 594-868 TH N 49 DEG 05 MIN 10 SEC W 233.64 FT ALONG
SAID SLY LINE TO PT IN ELM STREET EXTENDED SAID PT
BEING 25.7 FT E OF W LINE OF ELM ST AS MEAS RT ANG
THERETO TH N 17 DEG 52 MIN 30 SEC E 80.06 FT (FORM DESC
AS "NLY PAR WITH AND 25.7 FT DIST FROM SAID W LINE ELM
ST 80 FT") TO RIVER FRONT IMPROVEMENT COMMISSION
MONUMENT NO. 43 TH S 49 DEG 52 MIN 40 SEC E 37.07 FT
ALONG RIVER FRONT COMMISSION LINE TO E LINE ELM ST
TH N 17 DEG 51 MIN 50 SEC E 350.28 FT TO PT OF BEG THAT
PART BLK 2 MORNING SIDE ADDN, THE VAC ALLEY WITHIN
SAID BLK 2 AND VAC RATH ST LYING WITHIN THE FOL DESC
BOUNDS: BEG AT PT ON NELY LINE SAID BLK 2 WHICH IS
79.83 FT NW MOST NELY COR SAID BLK 2 TH N 65 DEG 14 MIN
40 SEC W 361.62 FT ALONG SWLY LINE SYCAMORE ST TH S 35
DEG 37 MIN 40 SEC W 310.74 FT TH S 59 DEG 32 MIN 40 SEC E
508.11 FT TO PT 35 FT NORM DIST AND NWLY WLY LINE
CONCRETE AVE AS PLATTED TH N 18 DEG 13 MIN 00 SEC E
PAR SAID CONCRETE AVE 313.36 FT TH NWLY 72.84 FT ALONG
A 50 FT RADIUS CURVE CONCAVE WLY HAVING A CHORD
LENGTH 66.57 FT WHICH BEARS N 23 DEG 30 MIN 50 SEC W TO
PT OF BEG ALSO AUDITORS MORNINGSIDE PLAT PART OF
LOTS LOTS 1,2,3,4,5,6,7,8 AND 9 BLOCK 5 AND PART OF BLOCK
9 IN RIVERSIDE ADDITION AND PART OF VACATED
DIVISION, RATH AND WATER STREETS DESC AS FOL COM
AT A PT ON E LINE LOT 9 IN SAID AUDITOR'S MORNINGSIDE
PLAT WHICH IS 570.19 FT S OF NE COR BLK 2 MORNINGSIDE
ADDITION TH N 71 DEG 47 MIN 00 SEC W 35 FT TO PT OF BEG
TH N 18 DEG 13 MIN 00 SEC E 216.24 FT ALONG A LINE WHICH
IS 35 FT NORM DIST AND WLY OF W LINE VINTON ST TH N 59
DEG 32 MIN 40 SEC W 508.11 FT TH N 54 DEG 23 MIN 30 SEC W
31.10 FT TH S 35 DEG 37 MIN 40 SEC W 221.87 FT TH S 54 DEG 22
MIN 15 SEC E 406.20 FT TH S 71 DEG 47 MIN 00 SEC E 205.04 FT
TO PT OF BEG
Page 170 of 205
i WA
Debi V. Durham, Director
Iowa Economic Development Authority
Business Financial Assistance Application
Business Finance - Business Development Division
Iowa Economic Development Authority
200 East Grand Avenue
Des Moines, Iowa 50309-1819
www.iowaeconor6cdeveloornent.com
Telephone: 515.725.3134 Email businessfinanceiowa.gov
Application Instructions
To Complete Electronic Form: Click on TEXT BOX to add text. Double click on YES/NO boxes and select "Checked".
1. All applicants must complete the Business Financial Assistance Application and attach only those
additional sections for the components to which the applicant is applying.
STATE of IOWA — Financial Assistance Program
High Quality Jobs Program (HQJP)
® Tax Credits
❑ Direct Financial Assistance
2. Before filling out this application form, please read all applicable sections of the Iowa Code and Iowa
Administrative Code (rules). https://www.legis.Iowa.qov/lawfadministrativeRules
3. Only typed or computer-generated applications will be accepted and reviewed. Any material change to
the format, questions, or wording of questions presented in this application will render the application
invalid and it will not be accepted.
4. Complete the applicable sections of the application fully. If questions are left unanswered or required
attachments are not submitted, an explanation must be included.
5. Use clear and concise language. Attachments should only be used when requested or as supporting
documentation.
6. Any inaccurate information of a significant nature may disqualify the application from consideration.
7. The following must be submitted to Business Finance at IEDA in order to initiate the review process:
• One original, signed application form and all required attachments
• One electronic copy of the application form and all required attachments
Facsimile copies will not be accepted.
Applications must be submitted to IEDA Business Finance before 4:OOpm on the fourth Monday of the month.
Applications will be reviewed by the IEDA Board on the third Friday of the following month.
Page 171 of 205
Public Records Policies
During the application process, the information submitted by you to IEDA is exempt from disclosure under
the "industrial prospects" exemption found in Section 22/(8). However, once you receive an award, the
industrial prospects exemption no longer applies and all documents submitted and generated during the
application and negotiation process become public records under Iowa's Open Records Law (Iowa Code,
Chapter 22), unless
1) The information belongs to one of the classes of records automatically treated as confidential; or
2) You have applied for and received written notice that your information will be treated as confidential.
Automatically Confidential Records
IEDA automatically treats the following records as confidential and will withhold them from public inspection
even without a request for confidential treatment:
• Tax Records and Tax Liability Information
• Quarterly Iowa Employer's Contribution and Payroll Report prepared for the Iowa Workforce
Development Department
• Payroll Registers
• Business Financial Statements and Projections (unless those statements are already publicly
available elsewhere, e.g., 10-K filings)
• Personal Financial Statements
Exemptions to the Open Records Law
If you wish to have additional information treated as confidential, you must fill out the confidential treatment
request form. This form is available by request. Under the Open Records Law, IEDA may lawfully treat
certain information as confidential if that information falls within an exemption to the Open Records Law. The
following exemptions represent records which may lawfully be treated as confidential under the Open
Records law and which are most often applicable to the information submitted to IEDA:
• Release of information would give an unfair advantage to competitors — Iowa Code Sec. 15.118
• Trade secrets — See Iowa Code section 22.7(3), see also Iowa Code Ch. 550
• Information on an industrial prospect with which the IEDA is currently negotiating — See Iowa Code
section 22.7(8)
• Communications not required by law, rule or regulation made to IEDA by persons outside the
government to the extent that IEDA could reasonably believe that those persons would be
discouraged from making them to IEDA if they were made available for general public
examination — Iowa Code section 22.7(18)
Non -Confidential Information
Information that is submitted to IEDA as part of the application process or that is contained in a contract for
program benefits is generally considered material to the eligibility requirements of the program or to the
amount of incentives or assistance to be provided. Such information is generally not given confidential
treatment. Such information includes but is not limited to, the number and type of jobs incented, the wage
levels for the incented jobs, your company's employee benefit information, and your project budget.
Additional Information Available. Copies of Iowa's Open Record law and IEDA's administrative rules
relating to public records are available from the IEDA upon request.
Page 172 of 205
CITY OF WATERLOO
Council Communication
Resolution approving a Development Agreement and Minimum Assessment Agreement with Crystal
Distribution Services, Inc. for the construction of a $5,500,000 addition to their existing building with a tax
rebate amount of 85% for a term of ten years, one additional year at 20% tax rebate and an economic
Development Grant of $640,000, and authorize Mayor and City Clerk to execute said agreement.
City Council Meeting: 8/14/2017
Prepared: 8/9/2017
REVIEWERS:
Department
Planning & Zoning
Clerk Office
Reviewer
Schroeder, Aric
Felchle, Kelley
Action
Approved
Approved
ATTACHMENTS:
Description Type
D Crystal Development Agreement Backup Material
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
D ate
8/9/2017 - 11:10 AM
8/9/2017 - 12:59 PM
Resolution approving a Development Agreement and Minimum Assessment
Agreement with Crystal Distribution Services, Inc. for the construction of a
$5,500,000 addition to their existing building with a tax rebate amount of
85% for a term of ten years, one additional year at 20% tax rebate and an
economic Development Grant of $640,000, and authorize Mayor and City
Clerk to execute said agreement.
Submitted By: Noel Anderson, Commuity Planning and Development
Director
Approval
Crystal Distribution continues to expand their footprint within the Rath area.
Their most recent 50,000 square foot addition was completed in 2013. They
are looking to add another 50,000 square foot addition to allow for additional
growth in their business. The Minimum Assessment agreement will bring the
overall assessed values for all of Crystal Distribution properties to
$9,040,170 from $5,637,000. The rebate schedule is 10 -years at 85% and
one additional year at 20%. The rebate schedule is similar to the former
rebate schedule Crystal Distribution received for their expansion in 2013.
The schedule reflects the difficult construction conditions from the land in
the area of the former Rath Packing Plant.
Through the development agreement the city will also be acquiring their
building located at 70-90 Sycamore Street through an Economic
Development Grant of $640,000. Crystal Distribution will also be leasing the
property from the City until 2022. Separate lease agreement to be approved
by City Council.
Page 173 of 205
Expenditure Required:
Source of Funds:
Policy Issue:
Alternative:
This is another success story for the City of Waterloo in continued growth
and development. The City will benefit from the project through the added
tax base, potential new jobs, sales tax, employees, residents working at the
site, as well as the benefits to help the tax levy through the payments to the
debt service levy of approximately $34,670 annually.
TIF/ Bonds
TIF/Bonds
Strategic Planning Policy 1, 3 and 4 regarding Economic Development
Not approve
RIVERSIDE ADDITION PART BLK 5 BLK 9 AND VAC DIVISION
ST ALSO THAT PART VAC RATH ST AND LOT 25 IN MORNING
SIDE ADDITION ALSO THAT PART OF A CERTAIN PARCEL OF
LAND LOC ALONG N BANK CEDAR RIVER BETWEEN ELM ST
AND 18TH ST AND IN N 1/2 SE SEC 25 T 89 R 13 SAID PARCEL
AS DESC IN CLD B 594 P 868 ALL OF THE ABOVE DESC AS
FOL: BEG AT PT ON E LINE VAC ELM ST WHICH IS 143.94 FT S
OF NW COR BLK 5 IN RIVERSIDE ADDN TH S 54 DEG 23 MIN
30 SEC E 594.07 FT TH S 35 DEG 37 MIN 40 SEC W 221.87 FT TH N
54 DEG 22 MIN 15 SEC W 272.70 FT TH S 34 DEG 04 MIN 40 SEC
W 206.87 FT TO SLY LINE OF ABOVE MENTIONED PARCEL
CLD 594-868 TH N 49 DEG 05 MIN 10 SEC W 233.64 FT ALONG
SAID SLY LINE TO PT IN ELM STREET EXTENDED SAID PT
BEING 25.7 FT E OF W LINE OF ELM ST AS MEAS RT ANG
THERETO TH N 17 DEG 52 MIN 30 SEC E 80.06 FT (FORM DESC
AS "NLY PAR WITH AND 25.7 FT DIST FROM SAID W LINE ELM
ST 80 FT") TO RIVER FRONT IMPROVEMENT COMMISSION
MONUMENT NO. 43 TH S 49 DEG 52 MIN 40 SEC E 37.07 FT
ALONG RIVER FRONT COMMISSION LINE TO E LINE ELM ST
TH N 17 DEG 51 MIN 50 SEC E 350.28 FT TO PT OF BEG THAT
PART BLK 2 MORNING SIDE ADDN, THE VAC ALLEY WITHIN
SAID BLK 2 AND VAC RATH ST LYING WITHIN THE FOL DESC
BOUNDS: BEG AT PT ON NELY LINE SAID BLK 2 WHICH IS
79.83 FT NW MOST NELY COR SAID BLK 2 TH N 65 DEG 14 MIN
40 SEC W 361.62 FT ALONG SWLY LINE SYCAMORE ST TH S 35
DEG 37 MIN 40 SEC W 310.74 FT TH S 59 DEG 32 MIN 40 SEC E
508.11 FT TO PT 35 FT NORM DIST AND NWLY WLY LINE
CONCRETE AVE AS PLATTED TH N 18 DEG 13 MIN 00 SEC E
PAR SAID CONCRETE AVE 313.36 FT TH NWLY 72.84 FT ALONG
A 50 FT RADIUS CURVE CONCAVE WLY HAVING A CHORD
LENGTH 66.57 FT WHICH BEARS N 23 DEG 30 MIN 50 SEC W TO
PT OF BEG ALSO AUDITORS MORNINGSIDE PLAT PART OF
LOTS 1,2,3,4,5,6,7,8 AND 9 BLOCK 5 AND PART OF BLOCK 9 IN
RIVERSIDE ADDITION AND PART OF VACATED DIVISION,
RATH AND WATER STREETS DESC AS FOL COM AT A PT ON E
LINE LOT 9 IN SAID AUDITOR'S MORNINGSIDE PLAT WHICH
IS 570.19 FT S OF NE COR BLK 2 MORNINGSIDE ADDITION TH
N 71 DEG 47 MIN 00 SEC W 35 FT TO PT OF BEG TH N 18 DEG 13
Page 174 of 205
Legal Descriptions:
MIN 00 SEC E 216.24 FT ALONG A LINE WHICH IS 35 FT NORM
DIST AND WLY OF W LINE VINTON ST TH N 59 DEG 32 MIN 40
SEC W 508.11 FT TH N 54 DEG 23 MIN 30 SEC W 31.10 FT TH S 35
DEG 37 MIN 40 SEC W 221.87 FT TH S 54 DEG 22 MIN 15 SEC E
406.20 FT TH S 71 DEG 47 MIN 00 SEC E 205.04 FT TO PT OF BEG.
and
THAT PART OF RIVERSIDE ADD BLK 9 VAC WATER ST
AUDITORS MORNINGSIDE PLAT AND PART UNPLATTED SE
1/4 SEC 25 T 89 R 13 DESC AS FOL: COM AT A PT ON E LINE
BLK 9 SAID AUDITORS MORNINGSIDE PLAT WHICH IS 570.19
FT SLY OF NE COR BLK 2 MORNINGSIDE ADD TH N 71 DEG 47
MIN W 35 FT TO PT OF BEG TH S 46 DEG 16 MIN 10 SEC W
308.30 FT TH N 51 DEG 54 MIN 50 SEC W 812.77 FT TH 34 DEG 04
MIN 40 SEC E 206.87 FT TH S 54 DEG 22 MIN 15 SEC E 272.70 FT
TH CONT S 54 DEG 22 MIN 15 SEC E 406.20 FT TH S 71 DEG 47
MIN E 205.04 FT TO PT OF BEG EXC THAT PART OF PARCEL
"C" AS REC MISC B 330 P 889 & ALL PARCEL "D" AS REC MISC
B 341 P 149 DESC AS COM AT A PT ON E LINE LOT 9 AUDITORS
MORNINGSIDE PLAT WHICH IS 570.19 FT SLY OF NE COR BLK
2 MORNINGSIDE ADD TH N 71 DEG 47 MIN W 35 FT TO PT OF
BEG (SAID PT BEING MOST ELY COR SAID PARCEL "C") TH
CONT N 71 DEG 47 MIN W 205.04 FT TH N 54 DEG 22 MIN 15 SEC
W 406.20 FT TO MOST WLY COR PARCEL "B" AS REC MISC B
299 P 597 TH S 53 DEG 00 MIN 30 SEC E 453.91 FT TH S 73 DEG 22
MIN 15 SEC E 162.93 FT TH N 18 DEG 13 MIN 00 SEC E 20 FT TO
PT OF BEG
Also
VIRDENS ADD WATERLOO PART OF LOTS 1 & 2 BLK 1 ALSO
PART OF BLK 1 MILL LOT DES AS FOL: BEG AT A PT ON NELY
LINE LOT 1 VIRDENS ADD THAT IS 126' NWLY OF MOST ELY
COR SAID LOT TH SWLY TO A PT ON SWLY LINE LOT 2
VIRDENS ADD THAT IS 126' NWLY OF MOST SLY COR LOT 2
TH NWLYALONG SWLY LINE SAID LOT 2 & EXTENSION
THEREOF A DIST OF 167.25' TH NELY 4.2T TO A PT 115.73'
FROM SWLY LINE SYCAMORE ST TH NWLY 9.04' TO A PT
THAT IS 8.5' PERPENDICULARLY DIST NELY FROM CENTER
LINE ILLINOIS CENTRAL RR TH NWLYALONG A LINE THAT
IS PAR & 8.5' PERPENDICULARLY DIST NELY FROM CENTER
LINE OF SAID TRACK A DIST OF 166.76' TH NELY ALONG A
LINE THAT IS PAR WITH NWLY LINE OF LOT 1 &2 A DIST OF
14.T TH NWLY IN A STRAIGHT LINE A DIST OF 63.8' TO A PT
THAT IS 38.5' SWLY OF THE SWLY LINE OF SYCAMORE ST TH
NELY ALONG A LINE THAT IS PERPENDICULAR TO SWLY
LINE SYCAMORE STADIST OF 38.5' TH SELYALONG SWLY
LINE OF SYCAMORE ST TO THE PT OF BEG.
and
Page 175 of 205
VIRDENS ADD WLOO SELY 126 FT LOTS 1 & 2 BLK 1.
Page 176 of 205
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 Crystal Distribution Services, Inc. (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 that it owns, legally described on Exhibit "A"
(the "Property"), located in the Rath Urban Renewal Plan area.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants set forth herein,
the parties agree as follows:
1. Improvements by Company. Company shall construct on the Property a
commercial/industrial building of no less than 50,000 square feet and shall make related
parking, landscape, and other improvements to the building and grounds (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. The Improvements and all site preparation
and development -related work as contemplated by this Agreement are collectively
referred to as the "Project".
2. Project Assistance. City shall provide the following development
assistance for the Project:
A. Purchase of Company Property. Subject to the terms of this
Agreement, City will purchase from Company the property currently owned by it
Page 177 of 205
at 70-90 Sycamore Street, Waterloo, consisting of assessor parcel nos. 8913-23-
476-001 and 8913-23-476-002 (the "Company Property"), legally described as
set forth in Exhibit "B" attached hereto and located within the Downtown Waterloo
Urban Renewal and Redevelopment Plan Area. Within ninety (90) days after the
date of this Agreement, City will close on its purchase of the Company Property
from Company for the sum of $1.00 (the "Purchase Price"). At closing Seller
shall pay taxes prorated to the closing date in accordance with the provisions of
Iowa Code § 427.2, any unpaid real estate taxes payable in prior years, and any
special assessments that 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 subsequent real estate taxes and assessments. At closing on
the sale of the Company Property, Company will enter into a lease of the
Company Property so that it can continue its current activities through 2022.
B. Development Grant. To assist Company in undertaking the Project,
City will pay to Company an economic development grant in the amount of
$640,000.
3. Timeliness of Construction.
A. The parties agree that Company's commitment to construct the
Improvements in timely fashion constitutes a material inducement for the City to
purchase the Company Property and to provide the development grant, and that
without Company's commitment City would not have agreed to make the
incentives described in this Agreement available to Company. Company must
substantially complete construction of the Improvements by June 30, 2018 (the
"Completion Date").
B. Subject to subsection D below, if Company has not obtained a
building permit and begun the Project work by August 31, 2017, (the
"Commencement Date"), then at its sole option City may cancel this Agreement
without further obligation by either party.
C. If a building permit has not been obtained or Project work has not
begun by the Commencement Date, but the development of the Project is still
imminent, the City Council may, but shall not be required to, grant 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 at its sole option City may cancel this Agreement without further
obligation by either party.
D. Notwithstanding the provisions of subsections B and C above, the
City may not cancel this Agreement due to the Company's failure to obtain a
building permit or begin the Project work by the Commencement Date if such
failure is due to an Unavoidable Delay (as defined in subsection E below). In
such circumstance, the requirement that the building permit and commencement
of Project work occur by the Commencement Date shall be tolled for a period of
time equal to the Unavoidable Delay.
2
Page 178 of 205
E. If construction has commenced by the Commencement Date or
extension thereof and is stopped and/or delayed as a result of an act of God,
war, civil disturbance, court order, labor dispute, fire, weather, or other cause
beyond the reasonable control of Company (an "Unavoidable Delay"), the
requirement that construction is to be substantially completed by the Completion
Date shall be tolled for a period of time (the "Tolled Period") equal to the period of
the Unavoidable Delay, and thereafter if construction is not completed within the
Tolled Period following the Completion Date, then at its sole option City may
elect to require that Company repay to City all grant funds that City has
theretofore paid to Company under Section 2.B.
F. Upon written request of the Company after issuance of an
occupancy permit for the Project, the City will furnish the Company with a
Certificate of Completion in recordable form. Such Certificate of Completion shall
be a conclusive determination of satisfactory termination of the covenants and
conditions of this Agreement with respect to the obligations of the Company to
cause construction of the Improvements. The Certificate of Completion may be
recorded in the Black Hawk County Recorder's office at the Company's sole
expense. If the City shall refuse or fail to provide a Certificate of Completion in
accordance with the provisions of this Section, the City shall, within twenty (20)
days after written request by the Company, provide to the Company a written
statement indicating in adequate detail in what respects the Company has failed
to complete the Improvements in accordance with the provisions of this
Agreement, or is otherwise in default under the terms of this Agreement, and
what measures or acts will be necessary, in the opinion of the City, for the
Company to take or perform in order to obtain such Certificate of Completion.
4. Indemnity. Except with respect to any negligent acts or omissions or
willful misconduct of City, Company agrees that it shall indemnify City and hold it
harmless 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, Company's failure
to carry on or complete same, or any lien, claim, charge, or encumbrance on or against
the Company Property of any type or nature whatsoever which exists prior to the time
the Company Property is conveyed to the City. If City files suit to enforce the terms of
this Agreement and prevails in such suit, then Company shall be liable for all of City's
legal expenses, including but not limited to reasonable attorneys' fees. Company's
duties of indemnity pursuant to this Section shall survive the expiration, termination or
cancellation of this Agreement for any reason.
5. Deed. Upon City's purchase of the Company Property, Company shall
convey or cause to be conveyed fee simple title to the Company Property by warranty
deed, free and clear of all encumbrances except: (a) easements, conditions, and
restrictions of record; (b) current and future real property taxes and assessments
subject to the agreements made herein; (c) general utility and right-of-way easements
serving the Company Property; and (d) restrictions imposed by the City zoning
ordinances and other applicable law.
3
Page 179 of 205
6. Abstracting. No less than fourteen (14) days prior to the anticipated date
of conveyance of the Company Property, Company shall, at its own expense, deliver to
City an updated abstract of title. If title is unmarketable or subject to matters not
acceptable to the City, Company shall remedy or remove such objectionable matters in
timely fashion following written notice of such objections from City.
7. Water and Sewer. Company will be responsible for extending water and
sewer service to any location on the Property and for payment of any associated
connection fees.
8. 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 that are levied upon or assessed or placed against the
Property. Company further agrees that, prior to the date set forth in Section 2 of Exhibit
"C," it will not seek or cause a reduction in the taxable valuation for the Property, which
shall be fixed for assessment purposes, below the amount of $9,040,170 ("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 and deliver to City the agreement attached as Exhibit "C"
concurrently with execution and delivery of this Agreement. The parties acknowledge
that the Property consists of two tax assessment parcels, nos. 8913-25-261-022 and
8913-25-261-017, and that the Minimum Actual Value shall apply to both parcels
together and may be allocated between the parcels in the discretion of the county
assessor.
9. 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 8, City agrees to rebate property tax (with the exceptions noted below) as
follows:
Year One through Year Ten 85%
Year Eleven 20%
per year for taxes actually paid on any taxable value over the January 1, 2017 value of
$3,971,520 for parcel no. 8913-25-261-022 and $68,650 for parcel no. 8913-25-261-
017. 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
4
Page 180 of 205
or otherwise satisfactory to City. Any rebate for which a request is not timely filed shall
be forfeited. The first year in which a rebate may be given ("Year One") 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.
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
$500.00. 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.
10. 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.
11. 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
Com pany.
12. No Assignment or Conveyance. Company agrees that it will not sell,
convey, assign or otherwise transfer its interest in the Property prior to completion of the
Project, whether in whole or in part, to any other person or entity without the prior
written consent of City, which consent shall not be unreasonably withheld. Reasonable
grounds for the City to withhold its consent shall include but are not limited to the
inability of the proposed transferee to demonstrate to the City's satisfaction that it has
5
Page 181 of 205
the financial ability to observe all of the terms to be performed by Company under this
Agreement.
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 made or 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. In the event of the material
incorrectness or falsity of any representation or warranty of Company, 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. 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 any conveyance, benefit or
incentive of any type provided by City hereunder within said 180 -day period is subject to
reverter of title, revocation, repayment or other appropriate action to restore such
property, benefit or incentive to City, and Company agrees to cooperate diligently and in
good faith with any reasonable request by City to effectuate the restoration of same, or
failing such restoration Company agrees to be liable for same or for the fair value
thereof, plus interest on any sums owing at the rate of 10% per annum commencing
with the date of demand for payment, if said payment is not remitted to City within 30
days.
15. 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 P.O. Box 1744, Waterloo, Iowa 50704, facsimile
number , Attention:
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
6
Page 182 of 205
transmission was successful. A party may change the address for giving notice by any
method set forth in this section.
16. 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.
17. 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.
18. 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.
19. 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.
20. Binding Effect. This Agreement shall be binding and shall inure to the
benefit of the parties and their respective successors, assigns, and legal
representatives.
21. 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.
22. 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.
23. Time of Essence. Time is of the essence of this Agreement.
7
Page 183 of 205
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]
8
Page 184 of 205
CITY OF WATERLOO, IOWA CRYSTAL DISTRIBUTION SERVICES,
INC.
By: By:
Quentin Hart, Mayor
Attest:
Kelley Felchle, City Clerk
9
Title:
Page 185 of 205
EXHIBIT "A"
Legal Description of Property
RIVERSIDE ADDITION PART BLK 5 BLK 9 AND VAC DIVISION ST ALSO THAT PART VAC RATH ST
AND LOT 25 IN MORNING SIDE ADDITION ALSO THAT PART OF A CERTAIN PARCEL OF LAND
LOC ALONG N BANK CEDAR RIVER BETWEEN ELM ST AND 18TH ST AND IN N 1/2 SE SEC 25 T 89
R 13 SAID PARCEL AS DESC IN CLD B 594 P 868 ALL OF THE ABOVE DESC AS FOL: BEG AT PT
ON E LINE VAC ELM ST WHICH IS 143.94 FT S OF NW COR BLK 5 IN RIVERSIDE ADDN TH S 54
DEG 23 MIN 30 SEC E 594.07 FT TH S 35 DEG 37 MIN 40 SEC W 221.87 FT TH N 54 DEG 22 MIN 15
SEC W 272.70 FT TH S 34 DEG 04 MIN 40 SEC W 206.87 FT TO SLY LINE OF ABOVE MENTIONED
PARCEL CLD 594-868 TH N 49 DEG 05 MIN 10 SEC W 233.64 FT ALONG SAID SLY LINE TO PT IN
ELM STREET EXTENDED SAID PT BEING 25.7 FT E OF W LINE OF ELM ST AS MEAS RT ANG
THERETO TH N 17 DEG 52 MIN 30 SEC E 80.06 FT (FORM DESC AS "NLY PAR WITH AND 25.7 FT
DIST FROM SAID W LINE ELM ST 80 FT") TO RIVER FRONT IMPROVEMENT COMMISSION
MONUMENT NO. 43 TH S 49 DEG 52 MIN 40 SEC E 37.07 FT ALONG RIVER FRONT COMMISSION
LINE TO E LINE ELM ST TH N 17 DEG 51 MIN 50 SEC E 350.28 FT TO PT OF BEG THAT PART BLK 2
MORNING SIDE ADDN, THE VAC ALLEY WITHIN SAID BLK 2 AND VAC RATH ST LYING WITHIN
THE FOL DESC BOUNDS: BEG AT PT ON NELY LINE SAID BLK 2 WHICH IS 79.83 FT NW MOST
NELY COR SAID BLK 2 TH N 65 DEG 14 MIN 40 SEC W 361.62 FT ALONG SWLY LINE SYCAMORE
ST TH S 35 DEG 37 MIN 40 SEC W 310.74 FT TH S 59 DEG 32 MIN 40 SEC E 508.11 FT TO PT 35 FT
NORM DIST AND NWLY WLY LINE CONCRETE AVE AS PLATTED TH N 18 DEG 13 MIN 00 SEC E
PAR SAID CONCRETE AVE 313.36 FT TH NWLY 72.84 FT ALONG A 50 FT RADIUS CURVE
CONCAVE WLY HAVING A CHORD LENGTH 66.57 FT WHICH BEARS N 23 DEG 30 MIN 50 SEC W
TO PT OF BEG ALSO AUDITORS MORNINGSIDE PLAT PART OF LOTS 1,2,3,4,5,6,7,8 AND 9 BLOCK
5 AND PART OF BLOCK 9 IN RIVERSIDE ADDITION AND PART OF VACATED DIVISION, RATH AND
WATER STREETS DESC AS FOL COM AT A PT ON E LINE LOT 9 IN SAID AUDITOR'S
MORNINGSIDE PLAT WHICH IS 570.19 FT S OF NE COR BLK 2 MORNINGSIDE ADDITION TH N 71
DEG 47 MIN 00 SEC W 35 FT TO PT OF BEG TH N 18 DEG 13 MIN 00 SEC E 216.24 FT ALONG A
LINE WHICH IS 35 FT NORM DIST AND WLY OF W LINE VINTON ST TH N 59 DEG 32 MIN 40 SEC W
508.11 FT TH N 54 DEG 23 MIN 30 SEC W 31.10 FT TH S 35 DEG 37 MIN 40 SEC W 221.87 FT TH S
54 DEG 22 MIN 15 SEC E 406.20 FT TH S 71 DEG 47 MIN 00 SEC E 205.04 FT TO PT OF BEG.
and
THAT PART OF RIVERSIDE ADD BLK 9 VAC WATER ST AUDITORS MORNINGSIDE PLAT AND
PART UNPLATTED SE 1/4 SEC 25 T 89 R 13 DESC AS FOL: COM AT A PT ON E LINE BLK 9 SAID
AUDITORS MORNINGSIDE PLAT WHICH IS 570.19 FT SLY OF NE COR BLK 2 MORNINGSIDE ADD
TH N 71 DEG 47 MIN W 35 FT TO PT OF BEG TH S 46 DEG 16 MIN 10 SEC W 308.30 FT TH N 51
DEG 54 MIN 50 SEC W 812.77 FT TH 34 DEG 04 MIN 40 SEC E 206.87 FT TH S 54 DEG 22 MIN 15
SEC E 272.70 FT TH CONT S 54 DEG 22 MIN 15 SEC E 406.20 FT TH S 71 DEG 47 MIN E 205.04 FT
TO PT OF BEG EXC THAT PART OF PARCEL "C" AS REC MISC B 330 P 889 & ALL PARCEL "D" AS
REC MISC B 341 P 149 DESC AS COM AT A PT ON E LINE LOT 9 AUDITORS MORNINGSIDE PLAT
WHICH IS 570.19 FT SLY OF NE COR BLK 2 MORNINGSIDE ADD TH N 71 DEG 47 MIN W 35 FT TO
PT OF BEG (SAID PT BEING MOST ELY COR SAID PARCEL "C") TH CONT N 71 DEG 47 MIN W
205.04 FT TH N 54 DEG 22 MIN 15 SEC W 406.20 FT TO MOST WLY COR PARCEL "B" AS REC MISC
B 299 P 597 TH S 53 DEG 00 MIN 30 SEC E 453.91 FT TH S 73 DEG 22 MIN 15 SEC E 162.93 FT TH
N 18 DEG 13 MIN 00 SEC E 20 FT TO PT OF BEG
Page 186 of 205
EXHIBIT "B"
Legal Description of Leaseback Property
VIRDENS ADD WATERLOO PART OF LOTS 1 & 2 BLK 1 ALSO PART OF BLK 1 MILL LOT DES AS
FOL: BEG AT A PT ON NELY LINE LOT 1 VIRDENS ADD THAT IS 126' NWLY OF MOST ELY COR
SAID LOT TH SWLY TO A PT ON SWLY LINE LOT 2 VIRDENS ADD THAT IS 126' NWLY OF MOST
SLY COR LOT 2 TH NWLY ALONG SWLY LINE SAID LOT 2 & EXTENSION THEREOF A DIST OF
167.25' TH NELY 4.27' TO A PT 115.73' FROM SWLY LINE SYCAMORE ST TH NWLY 9.04' TO A PT
THAT IS 8.5' PERPENDICULARLY DIST NELY FROM CENTER LINE ILLINOIS CENTRAL RR TH
NWLY ALONG A LINE THAT IS PAR & 8.5' PERPENDICULARLY DIST NELY FROM CENTER LINE OF
SAID TRACK A DIST OF 166.76' TH NELY ALONG A LINE THAT IS PAR WITH NWLY LINE OF LOT 1
&2 A DIST OF 14.7' TH NWLY IN A STRAIGHT LINE A DIST OF 63.8' TO A PT THAT IS 38.5' SWLY OF
THE SWLY LINE OF SYCAMORE ST TH NELY ALONG A LINE THAT IS PERPENDICULAR TO SWLY
LINE SYCAMORE ST A DIST OF 38.5' TH SELY ALONG SWLY LINE OF SYCAMORE ST TO THE PT
OF BEG.
and
VIRDENS ADD WLOO SELY 126 FT LOTS 1 & 2 BLK 1.
Page 187 of 205
EXHIBIT "C"
MINIMUM ASSESSMENT AGREEMENT
This Minimum Assessment Agreement (the "Agreement") is entered into as of
, 2017, by and among the CITY OF WATERLOO, IOWA ("City"),
Crystal Distribution Services, Inc. ("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" thereto, located in the City; and
WHEREAS, it is contemplated that pursuant to the Development Agreement, the
Company will undertake the development of an area ("Project") within the City and
within the Rath Urban Renewal Plan area; 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(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
Company, the minimum actual taxable value which shall be fixed for assessment
purposes for the land and Improvements to be constructed thereon by the Company as
a part of the Project shall not be less than $9,040,170.00 (the "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, 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,
2040. Nothing herein shall be deemed to waive the Company's rights under Iowa Code
§ 403.6, as amended, to contest that portion of any actual value assignment made by
the Assessor in excess of the Minimum Actual Value established herein. In no event,
Page 188 of 205
however, shall the 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 CRYSTAL DISTRIBUTION SERVICES,
INC.
By: By:
Quentin Hart, Mayor
Title:
By:
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 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 189 of 205
STATE OF IOWA
) ss.
BLACK HAWK COUNTY )
Subscribed and sworn to before me on , 2017, by
as of Crystal
Distribution Services, Inc.
3
Notary Public
Page 190 of 205
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 Nine Million Forty Thousand One Hundred Seventy Dollars ($9,040,170) in the
aggregate, until termination of this Minimum Assessment Agreement pursuant to the
terms hereof.
Assessor for Black Hawk County, Iowa
Date
STATE OF IOWA
) ss.
COUNTY OF BLACK HAWK )
Subscribed and sworn to before me on , by T.J.
Koenigsfeld, Assessor for Black Hawk County, Iowa.
Notary Public
4
Page 191 of 205
CITY OF WATERLOO
Council Communication
Resolution approving authorization to apply for a traffic safety grant to Iowa DOT, in the amount of $484,200,
for the Ridgeway Avenue 4 -Lane to 3 -Lane conversion from Bellaire Road (west of Kimball Avenue) to US
63.
City Council Meeting: 8/14/2017
Prepared: 8/9/2017
REVIEWERS:
Department Reviewer Action Date
Traffic Operations Felchle, Kelley Approved 8/9/2017 - 2:59 PM
Clerk Office Felchle, Kelley Approved 8/9/2017 - 2:59 PM
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Expenditure Required:
Source of Funds:
Policy Issue:
Background Information:
Resolution approving authorization to apply for a traffic safety grant to Iowa
DOT, in the amount of $484,200, for the Ridgeway Avenue 4 -Lane to 3 -
Lane conversion from Bellaire Road (west of Kimball Avenue) to US 63.
Submitted By:Sandie Greco, Interim Public Works Director
Approve Resolution
This section of Ridgeway is identified by Iowa DOT as a candidate for 3
lane conversion. The crash reduction benefit -cost ratio is 3.39. This
number Is greater than 1 and makes it a viable safety project.
If grant is awarded, the City will study the 2 intersections of Prospect Blvd.
and Ridgeway and Ansborough and Ridgeway for possible additional
improvements if needed.
$484,000.00
IDOT Traffic Safety Grant - 100% reimbursable
Strategy 3.4 - Identify and improvement proven cost and resource saving
measures.
(consumers fuel consumption and crash reduction costs)
This section of Ridgeway is identified by IDOT as a candidate for 3 lane
conversion. The crash reduction benefit -cost ratio is 3.39 which if the
number is greater than 1 makes it viable for a safety project.
Page 192 of 205
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: 8/14/2017
Prepared: 7/18/2017
REVIEWERS:
Department
Planning & Zoning
Clerk Office
Reviewer
Schroeder, Aric
Even, LeAnn
ATTACHMENTS:
Description
D Attachments - SPA Designation
SUBJECT:
Submitted by:
Recommended Action:
Action
Approved
Approved
Type
Cover Memo
D ate
8/2/2017 - 11:53 AM
8/2/2017 - 12:33 PM
Motion to receive, consider and pass for the second time an ordinance 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 third time and adopt said 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
0 ffic e/Medic al/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
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
Page 193 of 205
Summary Statement:
Expenditure Required:
Source of Funds:
Policy Issue:
Alternative:
Background Information:
Legal Descriptions:
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/medicaI/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
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 A NORTHLY LINE OF SAID LOT 2
Page 194 of 205
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 195 of 205
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 196 of 205
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 197 of 205
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 198 of 205
City of Waterloo Planning, Programming and Zoning Commission
July 11, 2017
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Site Plan Amendment
Cardinal Construction
Page 199 of 205
City of Waterloo Planning, Programming and Zoning Commission
July 11, 2017
Southeast Corner of Ansborough
Avenue and West San Marnan Drive
Site Plan Amendment
Cardinal Construction
Page 200 of 205
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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. AI'1'LICA"PION INI-i_)RMA'I'ION:
a. Applicant's nunie (please print): Gi'dhG 1c0
h,f 1YtnC 1 0
� 7 X3.2 SYo p Fax.
Address: 9pPhone: – - +
City: j f io State: --3A Zip: , o"10'I
b. Status of applicant: (a) Owner )( (b) Other (CHECK ONE): If other explain:
c. Property owner's name if different than above (please print):A jvag
Address: Phone: Fax:
City: State: Zip:
2. PROPERTY INFORMATION:
a. General location of � - j
site plan to be amended: CUkh 1 G raksll r!� %C
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b. Legal description of properly or portion to he amended:l
old- t 5'141Crf �. AJ 1
1 tilr,_ YBmr,b„41 v t` eo
1 ( ,1��i?�Uvt �i•.D�fi lot 2,
_
/1 3-0( A.J414i'a,,\ 1,04- 3
c. Dimensions of proposed site plan amendment:
d. Area of proposed site plan amendment:
e. Current zoning: R 0-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 fling 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. Al] 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 Date
G—v2 —/7
Date
Page 201 of 205
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Page 202 of 205
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 203 of 205
CITY OF WATERLOO
Council Communication
Amendment to Traffic Code Section 551; Parking Prohibited At All Times; Subsection (371) Sixth Street
(W).
City Council Meeting: 8/14/2017
Prepared: 8/9/2017
REVIEWERS:
Department Reviewer Action Date
Traffic Operations Even, LeAnn Approved 8/10/2017 - 4:29 PM
ATTACHMENTS:
Description Type
❑ Ordinance Sixth Street (W) Cover Memo
SUBJECT:
Motion to receive, file, consider and pass for the first time an Ordinance
amending the 2008 Traffic Code by deleting Subsection (371) Sixth Street (W)
of Section 551, Parking Prohibited At All Times, and inserting in lieu thereof a
new Subsection (371) Sixth Street (W), to Section 551, Parking Prohibited At
All Times.
Motion to suspend the rules.
Motion to consider and pass for the second and third times and adopt said
ordinanc e.
Submitted by: Submitted By: Sandie Greco, Interim Public Works Director
Recommended Action: Adopt Ordinance.
Summary Statement:
Background Information:
This will allow parking on the northeast - east side of W. 6th St. between the
alley in the 300 block and Commercial St. and take away the right turn lane
between Jefferson and Commercial St. A study was conducted and the
results were that this was not needed and parking could be allowed.
The American Legion building at the corner of W. 6th and Commercial has
requested additional parking be allowed on W. 6th St. After the study
was conducted, the request can be made if ordinance is passed by council.
Page 204 of 205
ORDINANCE NO.
AN ORDINANCE AMENDING THE 2008 TRAFFIC CODE BY DELETING
SUBSECTION (371) SIXTH STREET (W) OF SECTION 551, PARKING
PROHIBITED AT ALL TIMES, AND INSERTING IN LIEU THEREOF A NEW
SUBSECTION (371) SIXTH STREET (W), TO SECTION 551, PARKING
PROHIBITED AT ALL TIMES, AS FOLLOWS:
BE IT ORDAINED by the City Council of the City of Waterloo, Iowa:
That Subsection (371) Sixth Street (W) is hereby deleted in its entirety and inserted in lieu
thereof, a new Subsection (371) Sixth Street (W), to Section 551 Parking Prohibited at All Times,
of the 2008 Traffic Code, as follows:
(371) Sixth Street (W)
North and northwest side from Sixth Street bridge to Grant
Avenue; north and Northeast side from the Sixth Street
bridge to Commercial Street; from alley in 300 block of
West Sixth to southbound Washington Street; southeast
side from Grant Avenue to Byron Avenue; northwest side
from Locust Street to Pleasant Street; northwest side from
Hawthorne Avenue to Byron Avenue; northwest side in 200
block; east side from Byron Avenue to Locke Avenue (Ord.
#4002, 1/18/94; Ord. #4128, 9/18/95).
PASSED AND ADOPTED by the City Council this 14th day of August, 2017, and approved by
the Mayor this 14th day of August, 2017.
Quentin Hart, Mayor
ATTEST:
Kelley Felchle, City Clerk
Page 205 of 205