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HomeMy WebLinkAboutCouncil Packet - 8/21/2017THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTY COUNCIL CHAMBERS Monday, August 21, 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 141 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Matt Mahler, General Manager Waterloo Water Works Agenda, as proposed or amended. Minutes of August 14, 2017, Regular Session, as proposed. Proclamation declaring commemoration of the 19th Amendment. 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 Iowa Department of Transportation for a variance to the Noise Ordinance from September 1, 2017 to July 1, 2018 for night time construction work along northbound U.S. 218 from the U.S. 63 interchange to the Greenhill Road interchange, in conjunction with the construction of DOT project NHSN- 218-7(236)--2R-07. Submitted By: Joe Leibold, Captain of Police Services 3. Request of 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 to be held at the Expo Grounds and Downtown Streets. Submitted By: Joe Leibold, Captain of Police Services 4. Request of Koinonia Ministries Full Gospel Baptist Church for variance to Noise Ordinance, on August 27, 2017 from 10:00 a.m. to 5:00 p.m. in conjunction with a church picnic, to be held in the 200 block of Falls Avenue. Submitted By: Joe Leibold, Captain of Police Services 5. Request from Robert Jensen for a waiver for an asphalt driveway located at 1344 Huntington Road with the elimination of the sidewalk section. Page 2 of 141 Submitted By: Eric Thorson, PE, City Engineer 6. Resolution setting date of public hearing as September 5, 2017, to approve an amendment to Ordinance No. 5089, by extending the established City Limits Urban Revitalization Area (CLURA) through December 31, 2022, and instruct City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning & Development Director 7. Resolution setting a date of public hearing on September 5, 2017 to approve the request by Dwayne Eilers to vacate, sell and convey a 33' x 106' portion of a public alley right-of-way, in the amount of $800.00, located adjacent to 2014 Black Hawk Street, and instruct City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning & Development Director 8. 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 Wireless Mobile Column Equipment Lifts, and instruct City Clerk to publish notice. Submitted By: Sandie Greco, Interim Public Works Director B. Motion to approve the following: 1. TRAVEL REQUESTS a. Lt. Fangman Class/Meeting: Background Investigation Training Destination: Palo Heights, IL Dates: Oct. 2-3, 2017 Amount not to exceed: $980 b. Sgt. Richter, P.O. J. Sullivan, PO. Wilson, P.O. Woodward Class/Meeting: Armed Suspect Recognition and Firearm Seizure Class Destination: Woodbury, MN Dates: Sept. 7-8, 2017 Amount not to exceed: $2,132 c. Cheryl Huddleston, Human Resources Manager Class/Meeting: Iowa Public Employer Labor Relations Association (IAPELRA) Fall Conference Destination: Clive, IA Dates: Sept. 7-8, 2017 Amount not to exceed: $233.56 2. LIQUOR LICENSES a. Cedar Valley Pridefest, 300-400 Block W. 4th / 500-600 Block Washington Class: Special C Liquor w/Outdoor Service (5 -Day) New Application Includes Sunday Expiration Date: 8/29/2017 b. Fairfield Inn & Suites, 2134 LaPorte Road Class: B Native Wine / C Beer Renewal Application Includes Sunday Expiration Date: 9/30/2018 c. Jim's Food, 437 Sullivan Avenue Page 3 of 141 Class: B Wine / C Beer / E Liquor Renewal Application Includes Sunday Expiration Date: 8/10/2018 d. Kwik Star #229, 1717 E. San Marnan Drive Class: B Wine / C Beer Renewal Application Includes Sunday Expiration Date: 9/24/2018 3. Recommendation of appointment of Leann Nefzger to the position of Customer Service Specialist in the Leisure Services Department, effective August 22, 2017. Submitted By: Paul Huting, Leisure Services Director 4. Recommendation of appointment of Collin Widdel to the position of Downtown Area Maintenance II in the Leisure Services Department, effective August 28, 2017, subject to physical examination and drug screen. Submitted By: Paul Huting, Leisure Services Director 5. Recommendation of appointment of Eric Pecenka to the position of Park Maintenance II - Crew Leader in the Leisure Services Department, effective August 22, 2017. Submitted By: Paul Huting, Leisure Services Director 6. Application for Outdoor Cafe'/Beer Garden at The Saloon (Desert Sands DBA: The Saloon), located at 303 W. 4th Street. 7. Fireworks Display at Friendship Village Field, 1400 Maxhelen Blvd., on August 25, 2017 beginning at 9:45 p.m. to celebrate their 10th Year Anniversary. PUBLIC HEARINGS 2. 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 Street and East 2nd Street. 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 and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file, consider, and pass for the first time an Ordinance amending 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 rezone of certain property, located near the intersection of Franklin Street and East 2nd Street. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said Ordinance. Submitted By: Noel Anderson, Community Planning & Development Director 3. 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 Street and East 2nd Street. 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 and Page 4 of 141 recommendation of approval of Planning, Programming and Zoning Commission. Motion to receive, file, consider, and pass for the first time an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, 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 Street and East 2nd Street. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted By: Noel Anderson, Community Planning & Development Director 4. Request Central Property Holdings, LLC to vacate an alley located northeast of the intersection Franklin Street and East 2nd Street, adjacent to 222 Walnut Street. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close the hearing and receive and file oral and written comments, and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file and consider and pass for the first time an Ordinance approving a request by Central Property Holdings, LLC to vacate an alley located northeast of the intersection Franklin Street and East 2nd Street, adjacent to 222 Walnut Street. Motion to suspend rules. Motion to consider and pass for the second and third times and adopt the ordinance. Resolution authorizing the sale and conveyance of said alley to Central Property Holdings, LLC in the amount of $1.00, per the Development Agreement, and authorize the Mayor and City Clerk to execute necessary documents. Submitted By: Noel Anderson, Community Planning & Development Director 5. Solid Waste and Recycling Containers to Support the City of Waterloo's Recycling and Various Clean -Up Programs. Motion to receive and file proof of publication and notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive, file and instruct City Clerk to read bids and refer to Interim Public Works Director for review. Submitted By: Sandie Greco, Interim Public Works Director 6. Recycling Processing Facility to Support the City of Waterloo's Curbside Recycling Program. Motion to receive and file proof of publication and notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive, file and instruct City Clerk to read bids and refer to Interim Public Works Director for review. Submitted By: Sandie Greco, Interim Public Works Director Page 5 of 141 RESOLUTIONS 7. Resolution approving installation of a 25 miles per hour speed hump in the 600 block of Reber Avenue. Submitted By: Sandie Greco, Interim Public Works Director 8. Resolution approving Methamphetamine Drug Hot Spots grant money as a sub - recipient from the Governor's Office of Drug Control Policy, in the amount of $21,833 with no matching funds required, to provide overtime funds to assist in mid and high level methamphetamine investigations, and authorize Program Director to execute said document. Submitted By: Frank Krogh, Captain of Police Services 9. Resolution approving designation of revenue earned from automated traffic enforcement cameras by holding revenue in an account used as police revenue in the budget year two years following receipt of said funds, assigning use of said revenue for property tax reduction, and classifying said revenue as committed fund balance on the City's financial statements. Submitted By: Michelle Weidner, Chief Financial Officer 10. Resolution approving award of Hotel/Motel Mini Tax grant, in the amount of $2,437 to Full Count Sports Academy. Submitted By: Convention & Visitor's Bureau 11. Resolution approving submission of grant application for a FY 2017 Certified Local Government Grant from the National Park Service in the amount of $10,000, to perform a National Register Survey of the Triangle District, and authorize Mayor and City Clerk to execute all necessary documents. Submitted By: Noel Anderson, Community Planning & Development Director 12. Resolution concurring with the determination of Community Planning and Development Director that the proposed change to the approved site plan within a "B -P" Business Park District and "R -4,R -P" Planned Residence District for lot three of the County Club Business Center Addition to allow for the construction of a 5,320 square foot oral dental office with with a 28 stall parking, and a future 5,000 square foot office building and a 20 stall parking lot, is minor and shall be approved as a Minor Site Plan Amendment. Submitted By: Noel Anderson, Community Planning and Development Director 13. Resolution approving a Chapter 28E Agreement with Hawkeye Community College to allow for residential housing construction on city owned lots, and authorize the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning & Development Director 14. Resolution approving an Affidavit of Possession for a vacated alley located west of 903 Riverside Drive and authorize Noel Anderson, Community Planning and Development Director, to execute said document. Submitted By: Noel Anderson, Community Planning & Development Director Page 6 of 141 15. Resolution approving an Early Access Agreement with Kwik Trip, Inc. to allow earth- moving activities in preparation of development of the site west of 2010 Ridgeway Avenue, and authorize the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning & Development Director EXECUTIVE SESSION Motion to adjourn to Executive Session 16. Executive Session Discussion of strategy with counsel in matters where litigation is imminent, pursuant to Iowa Code Section 21.5(1)(c). Motion to adjourn Executive Session ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk MEETINGS 4:25 p.m. Council Work Session, Harold E. Getty Council Chambers 4:40 p.m. Public Safety Committee, Harold E. Getty Council Chambers 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers PUBLIC INFORMATION 1. Leisure Services Commission Minutes of July 11, 2017. 2. Planning & Zoning Minutes of July 11, 2017. 3. Communication from the Waterloo Police Department on the notice of the conclusion of employment for Thomas N. Sullivan, Police Officer, effective August 7, 2017 with recommendation of approval of payout of $23, 414.91 for unused benefits. 4. Communication from the Waterloo Engineering Department on the notice of the conclusion of employment for Phillip Schuppert, Storm Water Specialist, effective August 4, 2017 with recommendation of approval of payout of $4,826.44 for unused benefits. Page 7 of 141 CITY OF WATERLOO Council Communication Minutes of August 14, 2017, Regular Session, as proposed. City Council Meeting: 8/21/2017 Prepared: REVIEWERS: Department Reviewer Action Date Clerk Office Higby, Nancy Approved 8/15/2017 - 9:13 AM ATTACHMENTS: Description Type D Minutes of 8/14/17 Cover Memo Submitted by: Submitted By: Page 8 of 141 August 14, 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 14, 2017. Mayor Quentin Hart in the Chair. Roll Call: Jacobs, Morrissey, Powers, Lind, Amos, Schmitt, and Welper. Mr. Morrissey joined via telephone at the start of the meeting. Prayer or Moment of Silence. Pledge of Allegiance: Daniel Trelka, Chief of Police. 145811 - Welper/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, August 14, 2017, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 145812 - Welper/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, August 7, 2017, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. Mayor Hart read a Proclamation declaring August 18 and 19, 2017, as Krajiski Teferic Days. ORAL PRESENTATIONS Mary Potter, 1416 W. 4th Street, explained that several walkers attended National Night Out and were sad to see that properties in the neighborhood have fallen into disrepair and that they have formed a 501 C3 to seek grants to help homeowners with property maintenance. She commented that council members need to walk the neighborhood as well. She explained that Maria Downing is an excellent Code Enforcement Officer who is active in sending notices and following up with property maintenance issues. She commented that a Work Session is needed with residents in her neighborhood and that council members need to be active in cleaning up all neighborhoods and not just the ones they live in. Jim Chapman, 224 Bertch, commented on the red light cameras and stated that revenue for the cameras should be donated to the Food Bank. Forest Dillavou, 1725 Huntington Road, explained that he had given council an article that stated Waterloo was the lowest taxed city and now that is not the case. He further commented that the trend has gone in the opposite direction and something needs to be done. David Dreyer, 3145 W. 4th Street, requested an explanation on several consent agenda items. David Deeds, 922 Mulberry Street, thanked Mayor and Council for completing the Park Avenue Bike Lane painting project. Mr. Schmitt explained that he had a call from a citizen regarding the red light cameras and that the citizen was upset that the agenda did not state that the fines would include speed cameras. Mr. Lind explained that the hardware store on E. 4th Street has requested signage in front of his store where road construction is taking place. 145813 - Welper/Schmitt that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 145814 - Welper/Schmitt that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: Page 9 of 141 August 14, 2017 Page 2 1. Resolution approving Finance Committee Invoice Summary Report, dated August 14, 2017, in the amount of $4,353,546.27 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. 2017-644. 2. Resolution approving request of Grout Museum District to hold the 1 lth 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. Resolution adopted and upon approval by Mayor assigned No. 2017-645. 3. Resolution approving 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. Resolution adopted and upon approval by Mayor assigned No. 2017-646. 4. Resolution approving 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. Resolution adopted and upon approval by Mayor assigned No. 2017-647. 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 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. Resolution adopted and upon approval by Mayor assigned No. 2017-648. 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. Resolution adopted and upon approval by Mayor assigned No. 2017-649. 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. Resolution adopted and upon approval by Mayor assigned No. 2017-650. 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. Resolution adopted and upon approval by Mayor assigned No. 2017-651. 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. Resolution adopted and upon approval by Mayor assigned No. 2017-652. 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 Page 10 of 141 August 14, 2017 Page 3 regulations for hobby farms and farm animals, and other miscellaneous updates, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2017-653. b. Motion to approve the following: 1. 2. a. b. c. d. e. a. b. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Rudy Jones, Matt 2017 OLHCHH Washington, 09/18- $5,500.00 Chesmore, and Anita New Grantee D.C. 22/2017 Merfeld, Community Orientation Development Pat Treloar, Fire Chief and three additional firefighters Tri-State Emergency Responder Dubuque, Iowa 10/21/2017 $406.00 Conference Officer Ehlers USPCA Algona, Iowa 08/10/2017 $140.00 Narcotics Detection Certification Steve Hoambrecker, Water Chicago, IL 10/3- $880.00 Director WMS, Brian Environmental 4/2017 Rath, Treatment Federation's Operations Supervisor, Brian Bowman, Treatment Operations Technical Exhibition and Conference - Foreman Technical Exhibition Mayor Hart Iowa League of Davenport, IA 9/27/2017 $975.00 Cities Annual to Conference 9/29/2017 Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Narey's 19th Hole, 2073 Logan Ave. C Liquor License Renewal 08/22/2018 Chilitos Mexican Bar and Grill, 441 E. Tower Park Dr. C Liquor/Outdoor Service New 08/07/2018 x 3. Mayor Hart's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re - Appointment John Chiles Community Development Board 8/7/2020 New Mayor Hart requested an overview of items 6 through 9. Noel Anderson, Community Planning and Development Director, provided an overview of items 1A8 and 1A9. Aric Schroeder, City Planner, explained a resolution setting date of hearing is on the agenda for amending the zoning ordinance for hobby farms. Mayor Hart requested an overview of the proposed fire truck purchase. Pat Treloar, Fire Chief, explained the need to purchase a truck for the Fire Department. Page 11 of 141 August 14, 2017 Page 4 Mr. Morrissey questioned item 6 and date of public hearing for public works janitorial services and if a wage maximum or minimum. Mr. Lind requested item 1A8 be considered separately Roll call vote -Ayes: Seven. Motion carried. Item 1A8. 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. Roll call vote: Ayes: Six. Abstain: One (Jacobs). Motion carried. Mr. Lind requested to receive before the hearing, a bank commitment letter, commitment letter from the hotel franchise, and a statement from the CFO that she reviewed the personal financial statement, and verification of power presentation of property portfolio. Mayor Hart acknowledged Mr. John Chiles on his appointment to the Community Development Board and thanked him for his dedication to serve. PUBLIC HEARINGS 145815 - Schmitt/Lind that proof of publication of notice of public hearing on FY16 Waterloo Pollution Control Facilities Upgrade to Instrumentation and Controls systems, Contract No. 929, as published in the Waterloo Courier on July 31, 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 there were none. 145816 - Schmitt/Amos that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 145817 - Schmitt/Amos that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Mr. Lind questioned the financing for the purchase. Michelle Weidner, Chief Financial Officer, explained the financing for the project. Resolution adopted and upon approval by Mayor assigned No. 2017-654. 145818 - Schmitt/Amos that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-655. 145819 - Schmitt/Amos Motion to receive and file and instruct City Clerk to read bids. Estimate: $989,400 Bidder Bid Security Bid Amount Primex Detroit Lakes, MN 5% $796,230.00 Sweeney Controls Company 5% $873,150.00 Page 12 of 141 August 14, 2017 Page 5 Fargo, ND Automatic Systems Co. Ames, IA 5% $652,000.00 Voice vote -Ayes: Seven. Motion carried. 145820 - Schmitt/Amos that "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", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-656. 145821 - Lind/Welper that proof of publication of notice of public hearing on FY 2018 Brock 2nd Addition Sanitary Sewer Extension, Contract No. 932, as published in the Waterloo Courier on July 31, 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. David Dreyer, 3145 W. 4th Street, requested an explanation of how the project will be paid. Eric Throson, explained the project will be paid from the Martin Road TIF. 145822 - Lind/Amos that the hearing be closed and oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 145823 - Lind/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. 2017-657. 145824 - Lind/Amos that "Resolution to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-658. 145825 - Lind/Amos Motion to receive and file and instruct City Clerk to read bids and refer to City Engineer for review. Estimate: $112,206 Bidder Bid Security Bid Amount 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 Page 13 of 141 August 14, 2017 Page 6 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 Voice vote -Ayes: Seven. Motion carried. 145826 - Amos/Powers that proof of publication of notice of public hearing on FY 2018 ADA Bus Stops - Phase I, Contract No. 937, as published in the Waterloo Courier on July 31, 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. 145827 - Amos/Powers that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 145828 - Amos/Powers that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Mayor Hart requested an overview of the project. Aric Schroeder explained that this is Phase I of the 26 sites that will create the ADA compliant bus stop facilities. Mayor Hart questioned what is involved. Aric Schroeder explained the project only includes the grading but will not include the benches. Mayor Hart explained that the task force will need to meet to discuss bench options. Mr. Lind questioned how many pads are covered by the project. Aric Schroeder explained that the project includes 26 pads. Mr. Lind questioned if this will be rebid since it exceeds the estimate. Mr. Schmitt questioned how they arrived at the first 25. Aric Schroeder explained the committee met to determine priority and Phase II will be more involved with getting them connected to the current sidewalk section to get them ADA compliant. Mr. Schmitt questioned if University Avenue was included in Phase I. Aric Schroeder explained that some would be included as part of the University Avenue project. Eric Thorson explained that the work will be included in the University Avenue project at a later date. Aric Schroeder explained that bus pull-outs are also being considered for University Avenue. Mr. Lind questioned if the MET Levy could be used to pay for the project rather than city funds. Page 14 of 141 August 14, 2017 Page 7 Aric Schroeder explained that some funds are available for ADA specific improvements, but he is unsure if the Levy fund is an option. Mr. Powers questioned if Mr. Schroeder had an opportunity to follow up on the Rainbow Rd. and Greenhill bus stop. Aric Schroeder explained he has not yet had the opportunity to follow up. Resolution adopted and upon approval by Mayor assigned No. 2017-659. 145829 - Amos/Schmitt that "Resolution to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-660. 145830 - Amos/Schmitt Motion to receive and file and instruct City Clerk to read bids and refer to City Engineer for review. Estimate: $114,000 Bidder Bid Security Bid Amount Vieth Construction Corporation Cedar Falls, IA 5% $189,214.30 Mr. Schmitt questioned who received bid documents. Eric Thorson explained the documents were sent to the usual bidders and some responded they were too busy to bid the project. Voice vote -Ayes: Seven. Motion carried. RESOLUTIONS 145831 - Schmitt/Powers that "Resolution approving Young Arena Lease and Use Agreement with Waterloo Black Hawks Hockey, LLC, and authorizing Mayor and City Clerk to execute said agreement", be adopted. Roll call vote -Ayes: Seven. Motion carried. Mayor Hart requested an overview of the contract. Paul Huting, Leisure Services Director, explained that the city will no longer have alcohol sales at the site but will receive revenue for food sales. He further explained that the Black Hawks would be building a suite and lounge, which are anticipated to boost attendance. Mr. Lind questioned if the city would be better off to allow the Black Hawks to provide food. Paul Huting explained that food is a good source of revenue for the city and they offer food for other public events as well and both parties felt this would be best for both parties. Mr. Lind questioned if the city will have a liquor license for the site. Paul Huting explained that the city will no longer have a liquor license or have to carry dram shop insurance for the space. The city could get a temporary license for special events if necessary. Mr. Schmitt questioned if we occasionally move liquor licenses to different locations. Paul Huting explained that it has been some time since the liquor license has been moved to different location. Chris Dolan, Young Arena Manager, explained the last time the license was moved was for Friday'Loo years ago. Page 15 of 141 August 14, 2017 Page 8 Mr. Schmitt questioned if there would be times during the year when the Black Hawks are off- season that a license would be needed. Chris Dolan confirmed that the current agreement provides the option for the city to serve beer, or opt for a separate license for a special event. Paul Huting explained the River Loop Association does hold a liquor license, and they service most all of the outdoor events in the downtown area. Mr. Schmitt questioned projected revenue for the lease agreement. Chris Dolan explained revenue would be based on attendance. Mr. Lind questioned the subsidy from the taxpayers for Young arena. Chris Dolan explained the amount was approximately $68,000. Joe Green, Vice President Waterloo Black Hawks, explained that they have worked hard on the lease proposal and that the terms of the lease utilizes fans feedback as well to help provide a better experience. Mayor Hart expressed his pleasure and thanked the Black Hawks and city staff for their efforts to put this proposal together. Resolution adopted and upon approval by Mayor assigned No. 2017-661. 145832 - Schmitt/Powers that "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", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-662. 145833- Schmitt/Powers that "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", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-663. 145834 - Welper/Lind that "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", be adopted. Roll call vote -Ayes: Seven. Motion carried. David Dreyer, 3145 W. 4th Street, questioned if current staff could be utilized, and what effect will the retiming have on the cameras. Sandie Greco, Interim Public Works Director, explained that a retiming study has not been conducted since the 1990s and that the city is not equipped to do the study in house. She further explained the variables that will be looked at in the study and the funding for the project. Mr. Schmitt commented on the timing for both 5th and 6th Streets and if the focus will be primarily on those streets. Sandie Greco explained that it will look at side streets as well. Page 16 of 141 August 14, 2017 Page 9 Mr. Jacobs questioned if there is a downtown master plan. Sandie Greco explained that the downtown master plan focuses on fiber. Mr. Jacobs questioned if the master plan is available to council. Mr. Lind questioned if a study was recently conducted on 5th and 6th Streets. Sandie Greco confirmed and added that the previous study would be combined with the new study, and not repeated. Mayor Hart commented that the retiming study is conducted then the city follows the plan. Resolution adopted and upon approval by Mayor assigned No. 2017-664. 145835 - Welper/Lind that "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", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-665. 145836 - Welper/Lind that "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", be adopted. Roll call vote -Ayes: Seven. Motion carried. Forest Dillavou, 1725 Huntington Road, questioned if the expansion was in Downtown Waterloo TIF, and if the city will lose tax revenue on the deal. Noel Anderson, explained that the expansion is in the Rath TIF District. Crystal Distribution will be responsible for all taxes being paid on the building while used for five years along with the utilities. Resolution adopted and upon approval by Mayor assigned No. 2017-666. 145837 - Amos/Powers that "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", be adopted. Roll call vote -Ayes: Seven. Motion carried. Mr. Lind questioned the amount of the tax rebates. Noel Anderson commented he did not have that information available but would make that information available. Mr. Lind questioned the appraisal of the property. Resolution adopted and upon approval by Mayor assigned No. 2017-667. 145838 - Amos/Powers that "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 Page 17 of 141 August 14, 2017 Page 10 (west of Kimball Avenue) to US 63", be adopted. Roll call vote -Ayes: Six. Nays: One (Lind). Motion carried. Mr. Welper commented on the traffic congestion at the intersection of Prospect Boulevard and West Ridgeway Avenue. Mr. Schmitt questioned the parameters of the roads included in the grant application. Sandie Greco explained that they started at Bellaire Road due to accidents. She further explained that the DOT recommended applying for the grant but that they are in competitions with other cities to receive the grants and may not receive the funds. If awarded they will be looking at the intersection of Prospect and Ridgeway, and Ansborough and Ridgeway. Mr. Schmitt questioned if traffic warranted a 4 -lane traffic flow. Sandie Greco explained that two lanes with a turn lane in the center would be safer. Mr. Lind questioned if a study was recently done on Ridgeway. Sandie Greco confirmed and explained that is the reason for applying for the grant. Mayor Hart commented that the city is taking the suggestions from the study that was done and thereby applying for the grant to perform the work. Mr. Lind questioned if public input would be sought. Sandie Greco confirmed if the grant is awarded, the public would have the opportunity to be heard. David Dreyer, 3145 W. 4th Street, commented on the roadways included in the grant. Mayor Hart questioned if the grant includes resurfacing. Sandie Greco confirmed and explained that the only thing not included is the engineering design. Resolution adopted and upon approval by Mayor assigned No. 2017-668. ORDINANCES 145839 - Lind/Welper that "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", be received, placed on file, considered and passed for the second time. Roll call vote -Ayes: Seven. Motion carried. 145840 - Lind/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. 145841 - Lind/Welper that "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", be received, placed on file, considered and passed for the third time", be considered and passed for the third time and adopted. Roll call vote -Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5412. 145842 - Schmitt/Welper Page 18 of 141 August 14, 2017 Page 11 that "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", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. Mr. Schmitt requested an overview. Sandie Greco explained that parking would be allowed from the alley to Commercial Street, which is the east to northeast side of the entire block. Mr. Lind questioned if this would be along Overhead Door by the American Legion. Sandie Greco confirmed and explained that it will take time. 145843 - SchmittlWelper 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 if Overhead Door has been notified. Sandie Greco confirmed they have. 145844 - SchmittlWelper that "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", 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. 5413. ADJOURNMENT 145845 - Welper/Amos that the Council adjourn at 6:51 p.m. Voice vote -Ayes: Seven. Motion carried. Kelley Felchle City Clerk Page 19 of 141 CITY OF WATERLOO Council Communication Proclamation declaring commemoration of the 19th Amendment. City Council Meeting: 8/21/2017 Prepared: 8/14/2017 REVIEWERS: Department Reviewer Action Date Mayor Office Westphal, Michelle Approved 8/14/2017 - 10:17 AM Clerk Office Higby, Nancy Approved 8/15/2017 - 9:12 AM ATTACHMENTS: Description Type D Proclamation 19th Amendment Cover Memo Submitted by: Submitted By: Mayor Quentin Hart Page 20 of 141 rF C1TX OF WATERLOO, IOWA PROCLAMATION WHEREAS, the women of the United States have historically been treated as second-class citizens and have often been denied the full rights and privileges, public or private, legal or institutional, which are available to male citizens of the United States; and WHEREAS, the women of the United States have united to assure that these rights and privileges are available to ALL citizens equally; and WHEREAS, the women of the United States have designated August 26th the anniversary date of the certification of the Nineteenth Amendment, which culminated a 72 - year, non-violent campaign to extend the right to vote to women, as a symbol of the continued fight for equal rights: and WHEREAS, the women of United States are to be commended and supported in their organizations and activities. NOW, THEREFORE, BE IT RESOLVED that the City of Waterloo recognizes the commemoration of that day in 1920 on which the women of American won their right to vote as an opportunity to continue to work for equal rights for ALL citizens. IN WITNESS WHEREOF, I have hereunto subscribed my name and caused the Seal of the City of Waterloo, Iowa, to be affixed this 21st day of August 2017. ATTEST: Kelley Fel ', 1 City Clerk 41 Il,^SII l; .!; ((>>r( ' it ) 4' e Quentin Hart Mayor `t CITY OF WATERLOO Council Communication Request of Iowa Department of Transportation for a variance to the Noise Ordinance from September 1, 2017 to July 1, 2018 for night time construction work along northbound U.S. 218 from the U.S. 63 interchange to the Greenhill Road interchange, in conjunction with the construction of DOT project NHSN-218-7(236)--2R- 07. City Council Meeting: 8/21/2017 Prepared: 8/15/2017 REVIEWERS: Department Reviewer Action Date P olice Department Higby, Nancy Approved 8/15/2017 - 11:23 AM SUBJECT: Request of Iowa Department of Transportation for a variance to the Noise Ordinance from September 1, 2017 to July 1, 2018 for night time construction work along northbound U.S. 218 from the U.S. 63 interchange to the Greenhill Road interchange, in conjunction with the construction of DOT project NHSN-218-7(236)--2R-07. Submitted by: Submitted By: Joe Leibold, Captain of Police Services Page 22 of 141 CITY OF WATERLOO Council Communication Request of 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 to be held at the Expo Grounds and Downtown Streets. City Council Meeting: 8/21/2017 Prepared: 8/15/2017 REVIEWERS: Department Reviewer Action Date P olice Department Higby, Nancy Approved 8/15/2017 - 11:26 AM SUBJECT: Request of 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 to be held at the Expo Grounds and Downtown Streets. Submitted by: Submitted By: Joe Leibold, Captain of Police Services Page 23 of 141 CITY OF WATERLOO Council Communication Request of Koinonia Ministries Full Gospel Baptist Church for variance to Noise Ordinance, on August 27, 2017 from 10:00 a.m. to 5:00 p.m. in conjunction with a church picnic, to be held in the 200 block of Falls Avenue. City Council Meeting: 8/21/2017 Prepared: 8/15/2017 REVIEWERS: Department Reviewer Action Date P olice Department Higby, Nancy Approved 8/15/2017 - 11:33 AM SUBJECT: Request of Koinonia Ministries Full Gospel Baptist Church for variance to Noise Ordinance, on August 27, 2017 from 10:00 a.m. to 5:00 p.m. in conjunction with a church picnic, to be held in the 200 block of Falls Avenue. Submitted by: Submitted By: Joe Leibold, Captain of Police Services Page 24 of 141 CITY OF WATERLOO Council Communication Request from Robert Jensen for a waiver for an asphalt driveway located at 1344 Huntington Road with the elimination of the sidewalk section. City Council Meeting: 8/21/2017 Prepared: 8/16/2017 REVIEWERS: Department Engineering Clerk Office Reviewer Thorson, Eric Even, LeAnn ATTACHMENTS: Description ❑ DW Waiver_1344 Huntington Rd SUBJECT: Action Approved Approved Type Cover Memo D ate 8/16/2017 - 10:58 AM 8/16/2017 - 12:44 PM Request from Robert Jensen for a waiver for an asphalt driveway located at 1344 Huntington Road with the elimination of the sidewalk section. Submitted by: Submitted By: Eric Thorson, PE, City Engineer Recommended Action: Recommended for approval by the City Engineer. Summary Statement: Background Information: Legal Descriptions: Attached is a request for construction of an asphalt driveway with the elimination of the sidewalk section, to be located at 1344 Huntington Road. I have reviewed this request and recommend its approval subject to the following provisions: 1. Work to be performed by an approved and bonded contractor. 2. A permit is to be obtained from the office of the City Engineer prior to construction. 3. All work shall be performed under the supervision of the City Engineer and at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. This is a waiver of the City's Standard Specifications for Driveway Construction. It requires Council approval so that it can be recorded to the property, so that the waiver requirements run with the property ownership. MEADOWDALE SECOND FILING W 1/2 LOT 73 Page 25 of 141 WAIVER Date: Honorable Mayor and City Council City Hall Waterloo, IA 50703 Council Persons: I hereby request a waiver to the driveway and sidewalk specifications for the construction of a driveway or sidewalk located at (concrete or(sphalt)) H,„t (Address) This waiver is needed because of: special surface texture to be used on the concrete approach (i.e., exposed aggregate, brick stamped pattern, paving brick). elimination of the sidewalk section due to the inability to meet the grade requirements. elimination of the sidewalk section for asphalt driveways. placement of a driveway or sidewalk on City right-of-way on an unimproved street. Other: I agree to the following: 1. To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk is constructed. 2. To remove and replace the private driveway, as needed, to an official elevation at no additional expense to the City of Waterloo at such time that curb and gutter is constructed. 3. To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has been removed for any City of Waterloo project. 4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer. 5. To have the driveway constructed according to the specifications and policies of the City Engineer and under his supervision. 6. This waiver is for this property only. Attached herewith is a payment in the amount of seven dollars ($7.00) for the purpose of recording this agreement. Respectfully submitted, / 5 7/-J6 Printed Name • P operty Owner Signature of Property Owner Page 26 of 141 CITY OF WATERLOO Council Communication Resolution setting date ofpublic hearing as September 5, 2017, to approve an amendment to Ordinance No. 5089, by extending the established City Limits Urban Revitalization Area (CLURA) through December 31, 2022, and instruct City Clerk to publish notice. City Council Meeting: 8/21/2017 Prepared: 8/16/2017 REVIEWERS: Department Planning & Zoning Clerk Office ATTACHMENTS: Description ❑ CLURA Map SUBJECT: Submitted by: Recommended Action: Reviewer Schroeder, Aric Higby, Nancy Action Approved Approved Type Backup Material D ate 8/16/2017 - 10:43 AM 8/16/2017 - 11:35 AM Resolution setting date ofpublic hearing as September 5, 2017, to approve an amendment to Ordinance No. 5089, by extending the established City Limits Urban Revitalization Area (CLURA) through December 31, 2022, and instruct City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning & Development Director Approval In March of 2010, the City of Waterloo put together the Grow Residential Opportunities in Waterloo (GROW) Committee to try and examine and brainstorm ways to get more housing constructed in Waterloo. This group was comprised of local realtors, local developers, landowners, financial institution staff, and Planning and Zoning staff. The GROW Committee analyzed past and current housing trends, values of homes and lots being created and available in the City. They also reviewed what other communities have done to stimulate housing: free lots from city, TIF Districts, urban revitalization areas, road construction by cities. After extensive review of programs and a need to try and stimulate more housing starts in Waterloo, the GROW Committee recommended a three year adoption of the CLURA for one and two family construction only. The City Council voted to approve the CLURA in July of 2011 to allow for the three year tax abatement on one and two family dwellings. The program was then renewed in 2014. The overall trend of housing previous to the CLURA was in a downward trend compared to previous years. The housing numbers in the five fiscal years before the adoption of the CLURA were as follows: Page 27 of 141 Summary S tatement: • FY 2007- 42 • FY2008-21 • FY 2009- 28 • FY2010-38 • FY2011-55 Since the adoption of the CLURA in 2011, housing numbers have greatly improved. The housing numbers in the five fiscal years after adoption of the CLURA are as follows: • F Y2012- 62 • FY2013-45 • FY2014-90 • FY2015-69 • FY2016-99 Comparing the numbers for the previous five years before adoption of the CLURA, there were a total of 184 single-family units constructed, compared to 365 single family units constructed for the five years after the adoption, an increase of 98.3%. The program is bringing a wide array of new housing, with permit valuations ranging from around $70,000 to as high as $880,000. It should be noted that once the full assessment of the house is determined by Black Hawk County, those assessments are typically higher than what the permit valuation is, thus bringing new tax revenue to the City once the three year abatement is completed, which otherwise may not have been constructed in Waterloo without the program in place. Numbers for two- family dwellings have also picked up, with a total of 52 two-family dwellings being constructed since the adoption of the program. In early 2017 staff brought forth a proposal to City Council requesting the CLURA be extended indefinitely. After discussions it was decided that it would be best to bring together the GROW Committee once again to make a recommendation for the abatement program. The GROW Committee discussed many options for the abatement including extending it to 3-4 unit residence, owner occupant only residence and three to ten year timeframe extensions. Ultimately the committee decided there was not enough supporting evidence that a need for an abatement program was necessary for three-four unit residence. There was also discussion on the timeframe for the abatement program. The committee wanted to keep a sense of urgency to build within the community but also allow for an extended period of time for developers fill lots within their developments. The Committee ultimately recommended a 5 -year extension of the CLURA for one and two family dwellings. The Planning, Programing and Zoning Commission also recommended approval of the 5- year extension at their July 11, 2017 meeting. Expenditure Required: N/A Page 28 of 141 Source of Funds: N/A Policy Issue: Economic Development Strategic Plan Goals 1, 3, and 4. Alternative: N/A Background Information: N/A Legal Descriptions: N/A Page 29 of 141 City of Waterloo CLURA & Existing Real Estate Parcels ■ ` bra■■■■■11■I�i■■ BrimmEall•n•m ■■�■� uu.I 1 ■I■■■■1i •■1■ 1 =1■�■•■■ ■I_ ■�11 Iii 1=. 1■ ■1 ■-=�.�� °�II1I' u1111�I_-I. �u �i ilk i1IIl11T11L��.. 1 �1- n !i.. 11 11 j'�: n +■iIorIII Trillifir-111111111W1111 a -IME 1111 It ir, INF! iIMMINTAM J_I11R■- _■■I■■■�� I� I I I I I I I Il!U■E!.I i1 ME F! Area NOT Included In City Limits Urban Revitialiation Area Alirl I" II,II alli.�■i �-i ■� , 1 ISL J Ion L �!,'` oyey I` I�ki►1ji,► �•r• Mint �;;��M,Pi■rj r�1 talk \_ �� .1. \\ILII , is ■ �I .1.� r�� �/ t ■lipicrikW01 %P■' ■i ■E■S�M �i x:11 ��� ,,� 7■I; ElirdElriMMO�■■■ ■■111§15 �' IlliJ'I `�il■i■■i■■■I■ i■ EMIL .■r"�■■ ■urA 'EI■■I■■■■■■■il■= ■■■■■■■■■. ■VAV ■■■■■■■■■.1r■■ ■U■■■■'■■■'% I II . MIMI ill ,■■M■ ❑City Limits Urban Revitalization Area/ Waterloo City Limits Existing CU RA Boundary (Area NOT Included in CLU RA) CITY OF WATERLOO Council Communication Resolution setting a date ofpublic hearing on September 5, 2017 to approve the request by Dwayne Eilers to vacate, sell and convey a 33' x 106' portion of a public alley right-of-way, in the amount of $800.00, located adjacent to 2014 Black Hawk Street, and instruct City Clerk to publish notice. City Council Meeting: 8/21/2017 Prepared: 8/2/2017 REVIEWERS: Department Planning & Zoning Planning & Zoning Planning & Zoning Clerk Office ATTACHMENTS: Description • Staff Report D Aerial D Pictures D Application ❑ Legal Description D Overview Map SUBJECT: Submitted by: Recommended Action: Summary Statement: Reviewer Schroeder, Aric Western, Chris Schroeder, Aric Even, LeAnn Action Rejected Approved Approved Approved Type Cover Memo Cover Memo Cover Memo Cover Memo Cover Memo Cover Memo D ate 8/2/2017 - 10:52 AM 8/16/2017 - 10:02 AM 8/16/2017 - 11:01 AM 8/16/2017 - 12:56 PM Resolution setting a date ofpublic hearing on September 5, 2017 to approve the request by Dwayne Eilers to vacate, sell and convey a 33' x 106' portion of a public alley right-of-way, in the amount of $800.00, located adjacent to 2014 Black Hawk Street, and instruct City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning & Development Director Approval Staff feels that the request to vacate the 33' x 106' portion of alley would not appear to be a negative impact. The area is not needed for city purposes and will not appear to negatively impact the area in question. The vacation of a portion of the alley that is currently being utilized will continue to allow an existing business to continue its operations in the City of Waterloo. The current city policy does not allow for the creation of dead-end segments of right-of-way, but the alley in question is already a dead-end and the request will only shorten the length of the of the dead-end alley. The City of Waterloo vacate policy requires that all property owners with property abutting the area requested to be vacated be offered the opportunity to purchase there half of the alley. The applicant submitted a form signed by Page 31 of 141 Expenditure Required: Source of Funds: Policy Issue: Alternative: Legal Descriptions: Ray Mount Towing stating that they did not wish to purchase their portion of the alley. In 2013 R&M Metals purchased the dead end portion of alley directly to the east. This request would extend the vacated portion of alleyway. N/A N/A Economic Development N/A That portion of the alley as platted in Block 14 of Hayes Addition lying Southeasterly of a line drawn between the Westerly most corner of Lot 2 in said Block 14 and the Northerly most corner of Lot 9 in said Block 14, and lying Northwesterly of a Southwesterly extension of a line drawn parallel and 46 feet Southeast of the Northwesterly line of Lot 2 in said Block 14, City of Waterloo, Iowa. Page 32 of 141 REQUEST: APPLICANT(S): GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL north. PLAN: Request by Dwayne Eilers to vacate a 33' x 106' portion of a platted public alley in Block 14 of Hayes Addition, located adjacent to 2014 Black Hawk Street. Dwayne Eilers, 12051/2 Bishop Avenue, Waterloo, Iowa, 50703 Request Dwayne Eilers to vacate a 33' x 106' portion of a platted public alley for the purpose of installing chain-link fence around the entire property for security purposes. The request to vacate the 33' x 106' dead-end portion of alley would not appear to have a negative impact on the surrounding neighborhood as it dead ends just past the applicant's property. The request to vacate the 33' x 106' portion of alley would not appear to have a negative impact on vehicular or pedestrian traffic as this portion of alley dead -ends at the applicant's property. The Cedar River Loop bike trail that runs along the levee to ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: BUFFERS REQUIRED/ The request would not require any buffering by ordinance NEEDED: standards. The site has been zoned "M-1" Light Industrial District since adoption of Zoning Ordinance No. 2479 in 1969. DRAINAGE: DEVELOPMENT HISTORY: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: Vacate- Alley -Dwayne Eilers Page 1 of 2 The proposed vacate of the alley would not have an adverse impact on drainage in the area. The area consists of primarily industrial uses and it appears that the alley was originally platted as a dead-end. This area is not located within a special flood hazard area according to the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map. There are no schools located near the site in question. Lafayette Park is located to the north on the north side of the Cedar River. No utilities are known to be within the area requested to be vacated. The Future Land Use Map designates the area as Industrial, and this request would be in compliance with such designation. The site is located within the Primary Growth Area as designated on the Growth Area Map within the Comprehensive Plan. Staff feels that the request to vacate the 33' x 106' portion of alley would not appear to be a negative impact. Staff feels that the Page 33 of 141 STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: Vacate- Alley -Dwayne Eilers Page 2 of 2 area is not needed for city purposes and will not appear to negatively impact the area in question. The vacation of a portion of the alley that is currently being utilized will continue to allow an existing business to continue its operations in the City of Waterloo. The current city policy does not allow for the creation of dead-end segments of right-of-way, but the alley in question is already a dead-end and the request will only shorten the length of the of the dead-end alley. The City of Waterloo ordinance requires that all property owners with property abutting the area requested to be vacated be offered the opportunity to purchase there half of the alley. The applicant submitted a form signed by Ray Mount Towing stating that they did not wish to purchase their portion of the alley. In 2013 R&M Metals purchased the dead end portion of alley directly to the east. This request would extend the vacated portion of alleyway. There would be no platting required in relation to the request. Therefore, staff recommends the request by Dwayne Eilers to vacate a 33' x 106' portion of a platted public alley in Block 14 of Hayes Addition, located adjacent to 2014 Black Hawk Street be approved for the following reasons: 1. The request to vacate would not appear to have a negative impact on the surrounding area 2. The request to vacate would not appear to have a negative impact on vehicular or pedestrian traffic in the area. 3. The request to vacate is in accordance with the Comprehensive Plan and Future Land Use Map for this area 4. The request would appear to meet the requirements of the Zoning Ordinance. 5. The request to vacate will allow an existing business to continue its operations in an efficient manner in the City of Waterloo, and the existing dead-end alley would just be shortened. Page 34 of 141 City of Waterloo Planning, Programming and Zoning Commission July 11, 2017 Adjacent to 2014 Black Hawk Street Vacate Request Dwayne Eilers Page 35 of 141 /_ IL ti Nr.:;. P:V__ 50 250 50 retT ` 7Feet Vacate Request — Adjacent to 2014 Black Hawk Road Standing at the end of the alley looking at the area to be vacated. Standing at the end of the alley looking at the area to be vacated. Looking northwest towards West 18th Street at the alley that is not vacated. 2014 Black Hawk Street. Page 36 of 141 INTENT TO VACATE City of Waterloo Planning and Zoning 715 Mulberry Street Waterloo, IA 50703 We the undersigned, as adjai;ent property owners of right-of-way requested to be vacated and generally described as (address or general location): , have no objection to the right-of-way being vacated and have been offered the opportunity to buy a portion of the right of way. We wish to make the following known (check which applies): We/I wish to purchase from the City the one-half of the right-of-way that adjoins our/my property (sign and date below and complete items 1-3). We/1 wish to purchase from the City the entire portion of the right-of-way that adjoins our/my property. This is contingent upon the property owner opposite ours/mine choosing not to purchase their/his or her half (sign and date below and complete items 1-3). We/I do not wish to purchase from the City any portion of the right-of-way (sign and date below and leave items 1-3 blank). G-1 Date 17 Address Phone 1. Offer Price [Note: If the offer price meets the Sale of Property Policy (see attached) the request will not be required to be reviewed by the Building & Grounds Committee.] • Asking price (see attached Sale of Property Policy for how calculated): • Deductions • May decrease price by 50% for area located within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs (8 yrs inside of the CURA): • Costs (surveying & misc., demolition, remove of curbs, etc): Asking price -- Deductions = Value of Property: Offer Price for Portion of Aliey You Intend to Purchase: 2. Transfer of Ownership: In what name(s), company or corporation shall the property be assigned to? (Give special attention to spelling as these names will be verified and transposed as submitted onto the deed.) 3. Deed: At the time of the buyer's final payment, the sellers shall convey the premises to the buyers by quitclaim deed. Please indicate the legal form you wish to be transferred in (i.e., as tenants-in- common, joint tenancy with full rights of survivorship, or as individual ownership.) Page 37 of 141 Applicant: City of Waterloo Planning & Zoning Department 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 X Offer to Vacate and Purchase City Right -of -Way ❑ Request to Vacate Easement, Vacate Sidewalk, or Encroachment Agreement ❑ Sale of City -Owned Property • Address: 0.0544. L3 is Phone No.: tgj"'1 a,.—s/217 Ge era/ Description of Property to Vacated (i.e.- alley between A St. & B St., South of C St.): Legal description of area to be conveyed, vacated, or encroached: 1. A non-refundable filing fee(s) shall be made as follows (checks payable to City of Waterloo): Right-of-way vacation — One Hundred Seventy Five Dollar ($175.00) Filing Fee • Easement or sidewalk vacation — Seventy Five Dollar ($75.00) Filing Fee • Encroachment One Hundred Dollar ($100.00) Filling Fee • Sale of city -owned property not required to be vacated —No Fee • Any request not meeting the Sale of Property Policy — One Hundred Dollar ($100.00) Fee 2. Offer Price*[Note: If the offer price meets the Sale of Property Policy (see attached) the request will not be required to be reviewed by the Building & Grounds Committee.] • Asking price (see attached Sale of Property Policy for how calculated): • Deductions • May decrease price by 50% for area located within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs (8 yrs inside of the CURA): • Costs (surveying & misc., demolition, remove of curbs, etc): Asking price — Deductions = Value of Property: Offer Price for Entire Area: iV,6- Note: The above information is a summary of the Sale of Property Policy (see attached). All requests to vacate and purchase City right-of-way must be accompanied by a signed "Intent to Vacate" form for each abutting property to the area to be vacated. Any request that fails to meet the Sale of Property Policy shall not be forwarded to the Building and Grounds Committee or City Council. Any such applicant shall need to request review to Building and Grounds through a City Council member. 3. Publication and Recording Fees*: At the time a buyer(s) has been selected, all publication costs and recording fees must be paid by the applicant. Applicant shall be responsible for collecting from other buyers. 4. Easement*: The following easement shall be retained: 5. Other: Please provide a site plan and/or aerial photo of the area to be vacated if the request involves additional construction as the reason for the request. Applicant /s l _ _ .n Date U *Not required for easement vacates sidewalk vacates or Encroachment Agreements Page 38 of 141 Description — Alley vacate: That portion of the alley as platted in Block 14 of Hayes Addition lying Southeasterly of a line drawn between the Westerly most corner of Lot 2 in said Block 14 and the Northerly most corner of Lot 9 in said Block 14, and lying Northwesterly of a Southwesterly extension of a line drawn parallel and 46 feet Southeast of the Northwesterly line of Lot 2 in said Block 14, City of Waterloo, Iowa. Page 39 of 141 City of Waterloo Planning, Programming and Zoning Commission July 11, 2017 1 'T qT FR . • SII►4..♦Ii ',♦ ,y ♦♦ /�0.• # ° V• # ÷#4#' =41 C-2 SIM 41! IIIIF 1118 Pj 1/.11 C-2 I_. L11111 WJWIL 111111 111111 I HMI C-3 C - 1L�\ 'line.._.111111■1• �1111 ■111111111111111-1111 X11111 111111111■ 111 =eGQt/ 11111111111„11 M-1 R -2;C -Z =IIIIII_ u111Ii! R-2 • • •,11�r\ I,� M 1 • FT PF •Acstl • • • SSI E III III J111HI AYE 1111111111 111111111 HIIIIIIIIII 11111111 I-IIIIIII 1I 1111111111 111111111111 • 1 CT211 11■111• �.. 11111 111111 1111111 11111111111111 111111 1111m`\ =1111111= 11111111111 1111111101111111111111111 !111111111!_ , 11111 IIIIII 11111111' \1 111111_ iiii: -11111111111 1111E HIIIIIH M11111111 11111111111 • i C= — 111111111111 8111111111 — s1111111111a 511 C I1�11111 1-1I■000 cul . yef7:i� T-!_11.441= 7Il14�i is 1111. R-1, c-1 R -P A-1 R-3 —II 1111H j111111111l1■N■1111 IIIIII IIIIIIIIIIII 111■1■t \ H 111 1111111 •■■111I1111111 11111111111=11I11uI111111■1111111- 1111E011 I1111111m'inimum -1■i�■a171J,id�,i C0111111 -_=:-' IIIIIIIIIIII ■1■■C 111111, -1E1 E m�wr y 11:17C.Ye • ■i••• ■111111.111111■ :■ Em a I. ■1■■I■ :111111 111111. i J \ *$yai 110 MIME, ��C MIME,IIIIII - MI�� LINEN 111111 V ■ E. MI R-2;C-Z1EI I-IIIIII H HI IIIH 11■INOM CSI IIIH -111111- 111_ R-2 111■ 111111■ 1111• BTWl 1111111111: 1 • E IT'H LE 4clipty^liE,"y. Adjacent to 2014 Black Hawk Street Vacate Request Dwayne Eilers Page 40 of 141 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 Wireless Mobile Column Equipment Lifts, and instruct City Clerk to publish notice. City Council Meeting: 8/21/2017 Prepared: 8/16/2017 REVIEWERS: Department Reviewer Action Date Traffic Operations Even, LeAnn Approved 8/16/2017 - 12:46 PM SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Background Information: Resolution approving preliminary specifications, form of contract, etc. and setting date of bid opening as of September 7, 2017, and date of public hearing as of September 11, 2017 for Wireless Mobile Column Equipment Lifts, and instruct City Clerk to publish notice. Submitted By: Sandie Greco, Interim Public Works Director Approval Recommended At this time the jacks used are unsafe for this heavy of equipment, such as fire trucks, garbage trucks, etc. and the mechanics are on their back on the floor working under the equipment. We have a set of these in the shop being used as a demo. They are safer, and a time saver for the mechanics in repairing and replacing parts in this type of equipment. $42,000.00 GO Bond Strategy 3.4 and 3.5 - Identify and implement proven cost and resource saving measures and continue to engage with local public partners to identify cost savings, streamline efforts and improve efficiency in City operations and activities. Old and unsafe jacks are being used at this time for mechanics to repair and replace parts on heavy equipment. This type of repair is very time consuming as the mechanics are laying on the floor working on equipment. Page 41 of 141 CITY OF WATERLOO Council Communication Recommendation of appointment of Leann Nefzger to the position of Customer Service Specialist in the Leisure Services Department, effective August 22, 2017. City Council Meeting: 8/21/2017 Prepared: 8/14/2017 REVIEWERS: Department Reviewer Action Date Leisure Services Huting, Paul Approved 8/14/2017 - 12:40 PM Clerk Office Higby, Nancy Approved 8/15/2017 - 9:10 AM ATTACHMENTS: Description Type ❑ personnel requisition CSSpec Cover Memo Recommendation of appointment of Leann Nefzger to the position of SUBJECT: Customer Service Specialist in the Leisure Services Department, effective August 22, 2017. Submitted by: Submitted By: Paul Huting, Leisure Services Director Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Background Information: Recommend Approval of appointment. The Human Resources Committee approved filling this position on 4/10/17. The Civil Service List was certified on 8/10/17. Salary - $45,864 Benefits - $14,488 70% from 4180 SportsPlex Budget 30% from 4200 Sports Budget This appointment would support the City of Waterloo Strategic Plan: Strategy 1.7 S eek ways to create a live, learn, work, and play environment with amenities that attract and retain population in Waterloo. Strategy 4.5 Maintain facilities that support quality of place. Strategy 3.1 Continue to implement and explore new options for revenue generation for the City. The Customer Service Specialist position is needed to handle marketing, registration, and daily banking tasks within the 4200 Sports and 4180 SportsPlex operations. The former Administrative Secretary was housed at the SportsPlex and handled several of these tasks. Page 42 of 141 PERSONNEL REQUISITION FORM Check as applicable: ® To start recruiting or civil service process and/or` ❑ To fill a vacancy [1 Active Civil Service List Expires: A proposed job description and questionnaire must accompany this form at time of submission to Human Resources. ***m'4**************?e k*if!:4:sfk:r:4 ***91****et:-:;;k'ii :k1.:***** :,e:kkgrd':F ify'e`P.:::******f,:k:C* YY: �'C Y** :****.**:* RECEIVED APR 21 2017 Position Title: Customer Service Specialist Department: Leisure Services Reports To: 'Recreation Services Manager Work Location: Cedar Valley SportsPlex Employzrient Status: IZ Regular Full Titre ❑ Temporary Full Time from to - ❑ RTgular Part Time ❑ Tetnporiy Part Tonle from to Regujat 7 Meath n T1iteni/Co-op Student froth to Type of Position:.. Recomrniiidt;d Itecttzttriient Souuies: Civil. Service Position; N) Yes [] No ' QInternal Posting Oily ' Bargaining Position: ❑ Yes Ej No Elinternal Posting and External Advertising BatgalMMiittg Gro is . Noxi: bargaining Positron:. Yes, ❑.No ** **** :*****,ok o + .0*' 4, :i *: 44 '*: 4.4+ *,t44 4: ** 0** *.*** xx************ * **-*** .` ** Cortaptete :the follo iiing.•if the requlsitiou is to fill a: vacancy: Ne. uv Position or Q Replacer hent Position fop { 15,00, Y �i me 4 i a of former inourbent) Date incumbent terminated employment! Date of final payout: Anticipated start date: 7/1/17 No; of hours/week: 4Q Work schedule: varied Justification ofneed.for osttion his post%on is needed to .manage registration, marketing and daily banking tasks ilivoty ng the Sports of'..0.cq$ Budget Time is: i1sb..dechcated. to banking tasks within the SportsPIex budget. The•forrneAdttiintitiative'Secretary was housed at the SporlsPlexan lliandi d marry of t#� ese tasks. What at -e the likely consequences the position, is not filled? Largerba lig transaetious wou d tolpigliod by tenlpor'aiy employees; Abrli�y to adequate1yp,o note priog ams andmembersltrps would decline, l ely leading to a decrease iii revenues, Oversight and. qualniy:of our childcare operation would decrease, likely causing a decrease in naentberships. Reduced t airing. aryl supervision of seasonal_ front desk staff Would ,.likely efifcet mernbersliips. APPROVALS Annual salatyregnireirrents: 4;564..00 . HourlyRatc: 22.05 Benefits24,866 (Payzoil taxes; pension, health.ins.- assuming family) Is position budgeted for this and future FYs? E Yes ❑ No if no, ,flow will position be funded? Approved subject to the following conditions: SubrriiitingDepartment ' ad Date ;Iii Ge) 4., Cine i±inaucialOffice Date Human Resourcestommittee C trperson Date fi 5.9-17 Mor JP/A*1AL A Al 1 T 14" erkJHumau irroes Director Date Date Page 43 of 141 CITY OF WATERLOO Council Communication Recommendation of appointment of Collin Widdel to the position of Downtown Area Maintenance II in the Leisure Services Department, effective August 28, 2017, subject to physical examination and drug screen. City Council Meeting: 8/21/2017 Prepared: 8/14/2017 REVIEWERS: Department Leisure Services Clerk Office Reviewer Huting, Paul Higby, Nancy ATTACHMENTS: Description ❑ personnel requisition DMII SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Action Approved Approved Type Cover Memo D ate 8/14/2017 - 4:53 PM 8/15/2017 - 9:11 AM Recommendation of appointment of Collin Widdel to the position of Downtown Area Maintenance II in the Leisure Services Department, effective August 28, 2017, subject to physical examination and drug screen. Submitted By: Paul Huting, Leisure Services Director Recommend Approval of appointment. The Human Resources Committee approved filling this position on 4/10/17. The Civil Service List was certified on 8/10/17. Salary $53,664 Benefits $16,491 (single c overage) 4110 Downtown operating budget utilizing General Fund and Road Use Tax Fund. 70% of the former Administrative Secretary position funding was transferred from the 4100 Parks Budget to 4110 Downtown. Road Use Tax funds will be utilized for eligible activities performed. This appointment would support the City of Waterloo Plan: Strategy 1.7 - Seek ways to create a live, work, learn, and play environment with amenities that attract and retain population in Waterloo Strategy 4.5 - Maintain facilities that support quality of place. The Downtown Maintenance II position is needed to address the ever Page 44 of 141 Background Information: increasing demands placed on the Downtown Area Maintenance Crew to maintain our many downtown facilities and amenities. Duties include mowing, trimming, weeding,cleaning, chemical application, snow removal, equipment maintenance, irrigation repair an others as assigned. This position also serves a critical role in flood preparations and cleanup. Page 45 of 141 RECEIVED APR 2 1 2017 PERSONNEL REQUISITION FORM Check as applicable: Z To start recruiting or civil service process and/or LIJ To fill a vacancy I I Active Civil Service List Expires: A proposed job description and questionnaire must accompany this form at time of submission to Human Resources. elkVIN*Ail't*A1404***Ak,1/4;1/41t*AM4i.:11.VgAl.4*il**R*Vi—k*I1/444.AThi**er:1/4ier't*isil—A.**V1f,h—kkitiret*110,,kkl.;frVi—Mkti"&****;-'1**Th,";e:A,N,-c.* Position Title: Downtown Area Maintenance II Department: Leisure Services Reports To; Golf/ Downtown Manager Work Location; Downtown Employment Status: El Regular Full Time D Temporary Full Time from to Ei Regular part Time CI TemptcratYPart Time from to ID Regular 7 -Month D Intern/Co-op Student from to Type ofPosition: Recommended Recruitnient Sources: Civil Service Position : El Yes III No El Internal Posting Only Bargaining Pasition: El Yes El No El Internal Posting and External Advertising Bargaining Group: 177 Non -bargaining Position: El Yes P. No ******************************************************************** *************************** Complete the following if the requisition is to fill a vacancy: El New Position or D Replacement Position for:1 (Specify itige'rufiae of fernier incumbent) Date inclititen..t terminated 01141:03Ticlit: Date of final payout: Anticipated start date: 7/1/17 No. of hours/week: 40 Work sehedule: M -F 7:00am-3:30pm Justification of need for positiOn: This position is necessary to address the ever increasing demands placed on the Downtown Area. Maintenance Crew. Duties of this posisiton will include mowing, trimming, weeding, cleaning, chemical application, snow removal, equipment maintenance, irrigation repair and many other duties as assigned, What are the likely consequences if the position is not filled? Dowittovvn Area Main -Wham° tasks will not be completed. APPROVALS Annual salary requirements: $53,664 Hourly Rate: $25.80 Benefits: $26,871 (Payroll taxes, pension, health ins,- assuming family) Is position budgeted for this and future FYs? El Yes [1] No YU°, how will position be funded? Approved subject to the following conditions: 40°' OPP Submitting Department 11 fteAtaC .4.111-/L) Chiaf Ftha no 1 °flied Date Date Human Resources Committee Chairperson Date Created 8/7/2014 5-- --/7 Date C. 1 Clerk/Human Resources Director Date Page 46 of 141 CITY OF WATERLOO Council Communication Recommendation of appointment of Eric Pecenka to the position of Park Maintenance II - Crew Leader in the Leisure Services Department, effective August 22, 2017. City Council Meeting: 8/21/2017 Prepared: 8/14/2017 REVIEWERS: Department Reviewer Action Date Leisure Services Huting, Paul Approved 8/14/2017 - 4:52 PM Clerk Office Higby, Nancy Approved 8/15/2017 - 9:12 AM ATTACHMENTS: Description Type ❑ personnel requisition PMII Crew Leader Cover Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Background Information: Recommendation of appointment of Eric Pecenka to the position of Park Maintenance II - Crew Leader in the Leisure Services Department, effective August 22, 2017. Submitted By: Paul Huting, Leisure Services Director Recommend Approval of appointment The Human Resources Committee approved filling this position on 4/10/17. The Civil Service List was certified on 8/10/17. Salary $53.664 Benefits $26,871 Note that this is a transfer from another funded Leisure Services position. Parks 4100 Budget - General Fund This appointment would support the City of Waterloo Plan: Strategy 1.7 - S eek ways to create a live, work, learn, and play environment with amenities that attract and retain population in Waterloo Strategy 4.5 - Maintain facilities that support quality of place. The Park Maintenance II - Crew Leader position is needed to maintain turf and landscape areas in parks, rights-of-way, and levees. This position is also critical in snow removal operations, recreational trail sweeping, equipment maintenance, and supervising temporary employees. This position also serves a critical role in flood preparations and cleanup. Page 47 of 141 Check as applicable: PERSONNEL REQUISITION FORM 1M To start recruiting or civil service process and/or ® To fill a vacancy E. Active Civil Service List Expires: A proposed job description and questionnaire must accompany this fort at time of submission to Human Resources, .**************,F**************************;Pie*x************kek************* *A*****************s4•***•* Position Title: Park Maintenance 11 - Crew Leader Department: Leisure Services Reports To: City Forester Work Location: Reports to 1101 Campbell Ave. Employment Status: E[ Regular Full Time L Temporary Full Time from to Regular Part Time L Temporary Part Time from to Regular 7 -Month ❑ Intern/Co-op Student from to Type of Position: Civil Service Position: Bargaining Position: Bargaining Group: 177 Non -bargaining Position: ®Yes ® Yes ❑ Yes Recommended Recruitment Sources: ❑ No ❑ Internal Posting Only ❑ No Internal Posting and External Advertising ® No *** **x:is******************W*R*$*********** **:****:k8::****H*****tet:%***F*,k:k** *%k*******k*****:kk:k#:* Complete the following if the requisition is to fill a vacancy: ❑ New Position or ® Replacement Position for: Mark Cutsforth, Turf Crew Leader (Specify name and title offorcner incumbent) Date incumbent terminated employment: 5/31/17 Date of final payout: 6/2/17 Anticipated start date: 6101/17 No. of hours/week: 40 Work schedule: Mon-Pri (7ain-3 :3 Opm) Justification of need for position: This position is required to maintain turf and landsoape areas in parks, rights -of way, and levees. This position is also critical in snow removal operations, recreational trail sweeping, equipment maintenance, and supervising temporary seasonal employees. What aro the likely consequences if the position is not filled? Longer mowing cycles resulting in violation of the city code & Corps of Engineers levee requirements; Longer time spans to clear snow from lots & sidewalks in public areas resulting in violation of city code; Lack of efficient seasonal work force due to no supervision at work site, APPROVALS Annual salary requirements: $52,270 Hourly Rate: $25.13/hr' Benefits: $26,118 (Payroll taxes, pension, health ins.- assuming fancily) Is position budgeted for this and future FYs? El Yes ri No if no, how will position be funded`? Approved subject to the following conditions: Submitting Departtnent l" d Date ayor x-64—/ Date d A Ude ):'irinncial Off=icer Human Resources Committee Chairpe son Date 0 WN ity Clerk/Human Resources Direeto Date 4-4- ) 7 Date Page 48 of 141 CITY OF WATERLOO Council Communication 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 Street and East 2nd Street. City Council Meeting: 8/21/2017 Prepared: 8/15/2017 REVIEWERS: Department Planning & Zoning Planning & Zoning Planning & Zoning Clerk Office ATTACHMENTS: Description D Staff Report D Overview Map D Aerial Photo D Application D Pictures SUBJECT: Submitted by: Recommended Action: Summary Statement: Reviewer Schroeder, Aric Dornoff, John Schroeder, Aric Even, LeAnn Action Rej ected Approved Approved Approved Type Cover Memo Cover Memo Cover Memo Cover Memo Cover Memo D ate 8/16/2017 - 10:21 AM 8/16/2017 - 10:26 AM 8/16/2017 - 10:40 AM 8/16/2017 - 12:21 PM Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of the Planning, Programming and Zoning C ommission. Motion to receive, file, consider, and pass for the first time an Ordinance amending 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 rezone of certain property, located near the intersection of Franklin Street and East 2nd Street. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said Ordinance. Submitted By: Noel Anderson, Community Planning & Development Director Approval Transmitted herewith is a request to approve the request by Central Holdings, LLC to rezone approximately 0.39 acres from "R-3" Multiple Residence District to "C -P" Planned Commercial District located near the Page 49 of 141 intersection of F ranldin Street and East 2nd Street. Expenditure Required: None Source of Funds: None required Policy Issue: Strategic Plan 1, 3, and 4 Lots 17 and 18 of Block 64 of Cooley Addition, City of Waterloo, Black Legal Descriptions: Hawk County, Iowa. Page 50 of 141 REQUEST: APPLICANT: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN AND COMPLETE STREETS POLICY: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: DEVELOPMENT HISTORY: BUFFERS/ SCREENING REQUIRED: DRAINAGE: August 1, 2017 Request by Central Holdings, LLC to rezone approximately 0.39 acres from "R-3" Multiple Residence District to "C -P" Planned Commercial District located near the intersection of Franklin Street and East 2nd Street. Central Property Holdings, LLC c/o Eric W. Johnson 620 Lafayette Street Waterloo, IA 50703 The applicant is requesting to rezone the property in question to construct a grocery store. The request would not appear to have a negative impact on the neighborhood as it would rezone the property to the zoning of the rest of the block. The request would not appear to have a negative impact on vehicular or pedestrian traffic movements in the area. The area is served by Logan and Franklin which are classified as Other Principal Arterials; 1St/Mullan which are classified as Collectors; and Walnut, Pine, and East 2nd which are classified as Local Streets. All streets in the area have sidewalks and a new trail is being constructed as part of the US Highway 63 project that is currently under construction. Park Avenue which is two blocks away is having bike lanes added. The area of the proposed site is currently zoned "R-3" Multiple Residence District and has been zoned as such since the adoption of the zoning code in 1969. Surrounding uses and zoning: North — Commercial Development zoned "C -P" Commercial District. South — Residential and Commercial Development zoned "C-2" Commercial District East — Residential zoned "R-3" Multiple Residence District. West — Commercial Development and Residential zoned "C-2" Commercial District The CVS Pharmacy to the north was built in 2012;to the east is single family homes built between 1885 and 1924, and a multifamily building built in 1922; to the south is residences built between 1895 and 1922, a commercial business built in 2003, and a fire station; and to the west commercial businesses built between 1917 and 2003. No Buffering will be required. It will be necessary that a storm water detention plan is submitted, as well as a SWPPP to the Engineering Department for review and approval. The proposed request would not appear to have a Southeast of 205 Franklin rezone from "R-3" to "C -P" PgdtP5/f6f 141 FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC: RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: August 1, 2017 negative impact upon drainage in the area if proper storm water detention techniques are put in place. The site plan shows the existing detention facility for the adjacent CVS will be expanded to also service the grocery store. The site in question is located in Zone X protected by levee as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0189F, dated July 18, 2011. Lincoln Park is located 3 blocks to the southeast. East High School is located 0.5 miles to the east There is a 4" Drain Tile, 8" Sanitary Sewer Line, and 24" Storm Sewer in Walnut Street; 27" Storm Sewer in East 2nd, and 10" Sanitary Sewer and 30" Storm Sewer under Franklin. The Future Land Use Map designates this area as Mixed Residential Low, Medium, High Density Residential, Professional Office, and Neighborhood Commercial. The proposed use appears to be compatible with the comprehensive plan. The applicant is requesting to rezone 0.39 acres from "R-3" Multiple Residence District to "C -P" Planned Commercial District. The "C -P" Planned Commercial District is intended and designed to provide a means for the residential and compatible commercial development of tracts of land on a unit basis, allowing greater flexibility and diversification of land uses and building locations than conventional single lot method. The "C -P" District allows any use permitted in a "C-1" or "C-2" commercial district other than delayed deposit service uses, which is compatibly designed and deemed an appropriate commercial use to the surrounding development. Currently there are just two parcels on the block that are not zoned "C -P" and this rezone will rezone those two parcels to match the rest of the block. This will allow the applicant to develop the property under a single zoning code if the two parcels are included. The applicant is not planning to subdivide the property. Southeast of 205 Franklin rezone from "R-3" to "C -P" PgdtP52f 6f 141 August 1, 2017 STAFF Therefore, staff recommends that the request to rezone RECOMMENDATION: approximately 0.39 acres from "R-3" Multiple Residence District to "C -P" Planned Commercial District be approved for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area. 2. The request would not appear to have a negative impact upon pedestrian and traffic conditions within the surrounding area. 3. New development will bring new shopping opportunities to an area that currently does not have a full line grocery store nearby. 4. It will further the efforts to revitalize the Walnut District. And with the following conditions(s): 1. That the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, screening, drainage, etc. Southeast of 205 Franklin rezone from "R-3" to "C -P" PgdtP53f 6f 141 City of Waterloo Planning, Programming and Zoning Commission August 1, 2017 11 'C -2,C -Z C=Z iii- E1.2"-111E��r 1%' 1111 1111. �111■1°iii m 1111111 �A :111�s' ����► A1111111 R-411" tsg ST z J J ui '14.910Nj1 11111110 :/_1 t iF.Y•]0 1 III 1111 B h. • R-4 CZ •.ir r 1111111 =_11111: I 11 ARGYILE ST. Jl :111111: 11111111 v !111111111111 �C=21 11111 CJIU S FITTEI„ El= 1111111M111111 NIIII111 111111111 R= 111111111 11 R-2,CZ 111 ■ 7 M-1 H 111111 111111411 OM MA= MP _Iii ii NM a "11 11 -) C2;C 63 63 C-2 ;4% • • • GLENW JO R-3: R -P M-1 ” R-34 R-4 R=P C-2 MY R-3 C Ii • t‘&79 # S;;/ 4 C-2;C=Z �; ♦ . ■■ 111 -r a SE of 205 Frankliln Street Rezone R-3 to C -P Central Holdings, LLC Page 54 of 141 City of Waterloo Planning, Programming and Zoning Commission August 1, 2017 SE of 205 Frankliln Street Rezone R-3 to C -P Central Holdings, LLC Page 55 of 141 N. \ ��%r I i\ ;+ irk r e-= 10%...rt // m 100 50 0100 `fir 17 \° (Feet APPLICATION FOR REZONING CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION WATERLOO, IOWA 319.291.4366 1. APPLICATION INFORMATION: a. Applicant's e(please print); Central Property Holdings, LLC c/o Eric W. Johnson Address: 040 LaFayette St. Phone: 319-234-1766 Fax: 319-234-1225 City; Waterloo State: IA Zip:50703 b. Status of applicant: (a) Owner (b) Other x (CHECK ONE): If other explain:. propo ed purchaser c. Property owner's name if different than above (please print): See attached Cxhj bi t "A" Address: Phone: Fax: City: State: Zip: 2. PROPERTY INFORMATION: a. General location of property to be rezoned: Frankl i n St. & E. 2nd St. , Waterloo, IA b. Legal description of property to be rezoned: See attached Uhl bi t "B" c. Dimensions of Proposed Zoning Boundary (Excluding Right of Way): d. Area of Proposed Zoning Boundary (Excluding Right of Way): e. Current zoning: R-3 Requested zoning:C-p f. Reason(s) for rezoning and proposed use(s) of property:__gr,00er-y s -tore g. Conditions (if any) agreed to: h. Other pertinent information (use reverse side if necessary): Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process (separate from rezone request). The filing fee of $300 + $10 per acre ($750 max) (payable to the City of Waterloo) is required (round amount down to nearest $10 increment). This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said atnendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process, with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning, Programming, and Zoning Commission until four (4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the property in question in regards to the request. Suture ofApplicant odney A. Ander so n Date Signature of Owner Date Page 56 of 141 Rezoning Request — Adjacent to 205 Franklin Street Looking at 222 Walnut Street which would be demolished and rezoned to "C -P" Planned Commercial District. Looking at the parking lot to the east of 222 Walnut Street that would be demolished and rezoned to "C -P" Planned Commercial District. 222 Walnut Street. Standing at the intersection of East 2nd Street and Walnut Street looking at the parking lot adjacent to 222 Walnut Street. Page 57 of 141 CITY OF WATERLOO Council Communication 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 Street and East 2nd Street. City Council Meeting: 8/21/2017 Prepared: 8/15/2017 REVIEWERS: Department Planning & Zoning Clerk Office ATTACHMENTS: Description D Staff Report D Overview Map D Aerial Image D Supermarket P Ian D Application SUBJECT: Submitted by: Recommended Action: Reviewer Schroeder, Aric Even, LeAnn Action Approved Approved Type Cover Memo Cover Memo Cover Memo Cover Memo Cover Memo D ate 8/16/2017 - 10:27 AM 8/16/2017 - 12:39 PM Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING- No comments on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of Planning, Programming and Zoning Commission. Motion to receive, file, consider, and pass for the first time an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10- 4-4, 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 Street and East 2nd Street. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted By: Noel Anderson, Community Planning & Development Director Approval Request by Central Property Holdings, LLC for a Site Plan Amendment to the "C -P" Planned Commercial District to allow for the construction of a 26,077 SF grocery store near the intersection of Franklin and East 2. Page 58 of 141 Summary Statement: The applicant is proposing to build a 26,077 SF grocery store with 110 parking stalls in the parking lot in addition to 23 additional parking stalls on E 2nd street if the request for a variance to parking restrictions that is a separate request is approved. The site is zoned "C -P" Planned Commercial District and "R-3" Multiple Residence District with the applicant requesting to rezone the "R-3" to "C -P" in a separate request. The "C -P" Planned Commercial District is intended and designed to provide a means for the residential and compatible commercial development of tracts of land on a unit basis, allowing greater flexibility and diversification of land uses and building locations than conventional single lot method. The "C -P" District allows any use permitted in a "C-1" or "C-2" commercial district other than delayed deposit service uses, which is compatibly designed and deemed an appropriate commercial use to the surrounding development. The site in question is not located in alcohol overlay district. The Zoning Ordinance requires that a grocery store and other retail stores that are between 5,000 and 50,000 square feet provide one parking space for every two hundred fifty (250) of floor area which works out to 104 parking stalls. According to drawings provided the applicant intends to provide 133 parking stalls 29 more than is required although 23 of those will be on East 2a1 via an appeal that will be heard separately. The proposed building facade is made up of Face Brick, Pigmented Rock - Face Block, Nichiha Panels, Metal Panels, Aluminum Entrance Framing, Metal Coping, and Metal Canopies. At their August 1st, 2017 the Planning, Programming and Zoning Commission voted unanimously to recommend the approval of the Site Plan Amendment. Expenditure Required: None Source of Funds: None required Policy Issue: Zoning and Land Use, Strategic Plan Goal 1, 3, and 4. Legal Descriptions: Lots 2 and 3 of Waterloo RX First and Franklin Subdivision; And also, Lots 17 and 18 of Block 64 of Cooley Addition; And also, that part of the 20 foot alley as platted in Block 64 of Cooley Addition lying Southeasterly of a Southwesterly extension of the Northwesterly line of Lot 17 of Block 64 of Cooley Addition and lying Northwesterly of a Southwesterly extension of the Southeasterly line of Lot 18 of Block 64 of Cooley Addition, all in the City of Waterloo, Black Hawk County, Iowa. Page 59 of 141 REQUEST: APPLICANT(S): GENERAL DESCRIPTION: SURROUNDING LAND USES AND IMPACT ON NEIGHBORHOOD: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN AND COMPLETE STREETS POLICY: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: BUFFERS/ SCREENING/ LANDSCAPING REQUIRED: DRAINAGE: August 1, 2017 Request for a Site Plan Amendment to the "C -P" Planned Commercial District to allow for the construction of a 26,077 SF grocery store near the intersection of Franklin and East 2nd Central Property Holdings, LLC c/o Eric W. Johnson 620 Lafayette Street Waterloo, IA 50703 The applicant is requesting to construct a new 26,077 SF grocery store. The request to construct the Grocery Store would not appear to have a negative impact on the neighborhood as will be located next to CVS Pharmacy, will be a small format store, and will bring a regular grocery store to a neighborhood that currently does not have one. The request would not appear to have a negative impact on vehicular or pedestrian traffic movements in the area. The area is served by Logan and Franklin which are classified as Other Principal Arterials; 1St/Mullan which are classified as Collectors; and Walnut, Pine, and East 2nd which are classified as Local Streets. All streets in the area have sidewalks and a new trail is being constructed as part of the US Highway 63 project that is currently under construction. Park Avenue which is two blocks away is having bike lanes added. The area of the proposed site is zoned "C -P" Planned Commercial District which was rezoned from "C-2" Commercial District with the adoption of ordinance 5093 on February 20, 2012 and "R-3" Multiple Residence District which the applicant is requesting to rezone to "C -P" Planned Commercial District in a separate request, neighboring zoning and uses are as follows : North — Commercial Development zoned "C -P" Commercial District. South — Residential and Commercial Development zoned "C- 2" Commercial District East — Residential zoned "R-3" Multiple Residence District. West — Commercial Development and Residential zoned "C- 2" Commercial District No Buffers will be required. It will be necessary that a storm water detention plan is submitted to the Engineering Department for review and SPA near intersection of East 2"d and Franklin — 26,077 grocery store Page 1 of Page 60 of 141 DEVELOPMENT HISTORY: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: August 1, 2017 approval. The proposed request would not appear to have a negative impact upon drainage in the area if proper storm water detention techniques are put in place. The CVS Pharmacy to the north was built in 2012; to the east is single family homes built between 1885 and 1924, and a multifamily building built in 1922; to the south is residences built between 1895 and 1922, a commercial business built in 2003, and a fire station; and to the west commercial businesses built between 1917 and 2003. The site in question is located in Zone X protected by levee as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0189F, dated July 18, 2011. Lincoln Park is located 3 blocks to the southeast. East High School is located 0.5 miles to the east There is a 4" Drain Tile, 8" Sanitary Sewer Line, and 24" Storm Sewer in Walnut Street; 27" Storm Sewer in East 2nd and 10" Sanitary Sewer and 30" Storm Sewer under Franklin. The Future Land Use Map designates this area as Mixed Residential Low, Medium, High Density Residential, Professional Office, and Neighborhood Commercial. The proposed use appears to be compatible with the comprehensive plan. The applicant is proposing to build a 26,077 SF grocery store with 110 parking stalls in the parking lot in addition to 23 additional parking stalls on E 2nd street if the request for a variance to parking restrictions that is a separate request is approved. The site is zoned "C -P" Planned Commercial District and "R-3" Multiple Residence District with the applicant requesting to rezone the "R-3" to "C -P" in a separate request. The "C -P" Planned Commercial District is intended and designed to provide a means for the residential and compatible commercial development of tracts of land on a unit basis, allowing greater flexibility and diversification of land uses and building locations than conventional single lot method. The "C -P" District allows any use permitted in a "C-1" or "C-2" commercial district other than delayed deposit service uses, which is compatibly designed and deemed an appropriate commercial use to the surrounding development. The site in question is not located in alcohol overlay district. The Zoning Ordinance requires that a grocery store and other retail stores that are between 5,000 and 50,000 square feet provide one parking space for every two hundred fifty (250) of floor area which works out to 104 parking stalls. According to drawings provided the applicant intends to provide 133 parking stalls 29 more than is required although 23 of those SPA near intersection of East 2"d and Franklin — 26,077 grocery store Page 2 of Page 61 of 141 STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: August 1, 2017 will be on East 2nd via an appeal that will be heard separately. The proposed building facade is made up of Face Brick, Pigmented Rock -Face Block, Nichiha Panels, Metal Panels, Aluminum Entrance Framing, Metal Coping, and Metal Canopies. At Tech Review on July 25th it was suggested that the loading dock be moved to the north side of the building in order to avoid the issues with attempting a vacate of Clay Street. There is no platting required for this request. Therefore, staff recommends that the request for site plan amendment in the "C -P" Planned Commercial District and "R- 3" Multiple Family District, near the intersection of Franklin and East 2nd for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area. 2. The request would not appear to have a negative impact upon pedestrian and traffic conditions within the surrounding area. 3. New development will bring new shopping opportunities to an area that currently does not have a full line grocery store nearby and could be considered a food desert. 4. It will further the efforts to revitalize the Walnut District. And with the following conditions(s): 1. That the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, screening, drainage, etc. SPA near intersection of East 2"d and Franklin — 26,077 grocery store Page 3 of Page 62 of 141 City of Waterloo Planning, Programming and Zoning Commission August 1, 2017 , LI Jg 11 11101 1 1 111 X111 �a u u I I1Tt iN C-2, ,C -Z 2 3 MAI 2-r■ R-2 1111111 :JIIIIIu: Inuuu1Izl 111- .1111 "11 . ■umn111111 x:11 PAS I'M /, co S T ST. r ■u 2 w 1C-2 1 !1111111■1111 R-2 R-2 IrAlfnm zETE 71 111111111 1 R-2, GZ REI ti H IIIIIIIII 11111; HII 111 ARGYLE ST Jl :1111111 Y.�. M-1 -Z • ,4, • GLE I L R-3: R -P 7 R-3 R-4.R=P C-2 A-1 C= C -Z. M-2 SE of 205 Frankliln Street Site Plan Amendment Request Central Holdings, LLC Page 63 of 141 City of Waterloo Planning, Programming and Zoning Commission August 1, 2017 SE of 205 Frankliln Street Site Plan Amendment Request Central Holdings, LLC Page 64 of 141 '��� „������ l 4111. 'ilk �T1� / 100 50 0 100 ferloo ` lFeet CC ueId e is pesodojd ennoi 'oopa}eM 4eeJ}s uipjueJd Teveuaaadns;aaJ}S uipjueid wuuuuwwA611111,. Page 66 of 141 N 0 40 0 0 0 V)V •C E 0 O .0 W N C ^ � O a D O LL(/) O Page 67 of 141 il c N 0 40 0 0 0 V C E 0 •L_ O .0 W N C ^ � O a D O LLC) o O Metal Coping Metal Panels Page 68 of 141 APPLICATION SITE PLAN AMENDMENT TO A "R -P", "M -P", "C -P", "B -P", "5-1" OR "C -Z" DISTRICT CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION, WATERLOO, IOWA 319.291,4366 New or Overall Amendment Individual Building Minor change (check one) (Minor Change must be approved by staff) 1. APPLICATION INFORMATION: a. Applicant's name (please print): Central Property Holdings, LLC c/o Eric 14, Johnson Address: 620 LaFayette St. Phone: 319-234-1766 Fax: 319-234-1225 City: Waterl oo State; IA Zip: 50703 b. Status of applicant: (a) Owner (b) Other x (CHECK ONE): If other explain: proposed purchaser c. Property owner's name if different than above (please print): See attached Exhi bi t "A" ,\ddress; Phone: Fax: City: State: Zip: 2. PROPERTY INFORMATION: a. General location of site plan to be amended: Frank1 i n St & E 2nd St . , Waterloo . IA b. Legal description of property or portion to be amended: See attached Exhi bi t "El" c. Dimensions of proposed site plan amendment: d. Area of proposed site plan amendment: e. Current zoning: f. Reason(s) for site plan amendment and proposed use(s) of properly: grocery store g. Conditions (if any) agreed to (does not affect existing conditions unless specified): h. Other pertinent information (use reverse side if necessary): Please Note: If applicant is not the owner of the property, the signature of the owner must be secured, If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process (separate from site plan amendment request). The filing fee of $200 (for new or overall amendment), $100 (for individual Building), or $0 (for minor change) (payable to the City of Waterloo) is required. This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process, with a new filing fee, If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning, Programming, and Zoning Commission until four (4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the property in question in regards to the request. Signatur Applicant Rodney A. Date Signature of Owner Date Anderson Page 69 of 141 CITY OF WATERLOO Council Communication Request Central Property Holdings, LLC to vacate an alley located northeast of the intersection Franklin Street and East 2nd Street, adjacent to 222 Walnut Street. City Council Meeting: 8/21/2017 Prepared: 8/15/2017 REVIEWERS: Department Planning & Zoning Clerk Office Reviewer Schroeder, Aric Even, LeAnn ATTACHMENTS: Description ❑ Project Documentation SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Action Approved Approved Type Backup Material D ate 8/16/2017 - 10:51 AM 8/16/2017 - 12:41 PM Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close the hearing and receive and file oral and written comments, and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file and consider and pass for the first time an Ordinance approving a request by Central Property Holdings, LLC to vacate an alley located northeast of the intersection Franklin Street and East 2nd Street, adjacent to 222 Walnut Street. Motion to suspend rules. Motion to consider and pass for the second and third times and adopt the ordinance. Resolution authorizing the sale and conveyance of said alley to Central Property Holdings, LLC in the amount of $1.00, per the Development Agreement, and authorize the Mayor and City Clerk to execute necessary documents. Submitted By: Noel Anderson, Community Planning & Development Director Approval Request by Central Property Holdings, LLC to vacate an alley northeast of the Franklin Street and E 2nd Street intersection, in Block 64, adjacent to Lots 17 and 18 of the Cooley Addition, and located adjacent to 222 Walnut Street, and vacated to Central Holdings LLC in the amount of $1.00. N/A N/A Page 70 of 141 Policy Issue: Economic Development, Waterloo Strategic Plan Strategy 1, 3 and 4. Alternative: N/A Legal Descriptions: That part of the 20 foot alley as platted in Block 64 of Cooley Addition lying Southeasterly of a Southwesterly extension of the Northwesterly line of Lot 17 of Block 64 of Cooley Addition and lying Northwesterly of a Southwesterly extension of the Southeasterly line of Lot 18 of Block 64 of Cooley Addition, City of Waterloo, Black Hawk County, Iowa. Page 71 of 141 REQUEST: APPLICANT(S): GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN and COMPLETE STREETS POLICY. ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: August 1, 2017 Request by Central Property Holdings, LLC to vacate an alley northeast of the Franklin Street and E 2nd Street intersection, in Block 64, adjacent to Lots 17 and 18 of the Cooley Addition, and located adjacent to 222 Walnut Street. Central Property Holdings, LLC 620 Lafayette Street Waterloo, Iowa 50703 The applicant is requesting to vacate a portion of an alley in Block 64, adjacent to Lots 17 and 18 of the Cooley Addition, and located adjacent to 222 Walnut Street. The request to vacate the alley would not have a negative impact on the surrounding neighborhood as the alley only extends120 feet into Block 64, the remainder of the alley was vacated in 1986, and if it could be extended would dead end at the CVS parking lot at 205 Franklin Street. The alley currently serves as access to a women's shelter and parking lot for an apartment complex across the street. However, both properties are proposed to be purchased by the applicant to be incorporated into the proposed grocery store development. The request to vacate the alley would not appear to have a negative impact on vehicular or pedestrian traffic conditions. There are interconnecting sidewalks in the area. There are interconnecting sidewalks, but there are no recreational trails in the immediate vicinity. A proposed trail is planned as part of the US Hwy 63 reconstruction project, and it will be located one block west along the west side of Hwy 63. The site is currently zoned "C -P" Planned Commercial District and "R-3" Multiple Residence District. The "C -P" Planned Commercial District area was rezoned from "C-2" Commercial District on February 20, 2012 and the "R-3" Multiple Residence District has been zoned "R-3" since the adoption of the Zoning Ordinance in 1969, and is currently proposed to be rezoned to "C -P" Planned Commercial District. North — Commercial and Residential, and zoned "C -P" Planned Commercial District and "R-3" Multiple Residence District South — Commercial and Residential, and zoned "C-2" Commercial District East — Commercial and Residential, and zoned "R-3" Multiple Residence District West — Commercial and Residential, and zoned "C-2" Vacate Alley in Block 64 (Lots 1,2,17, and 18) of the Cooley Addition POage2 of 141 BUFFERS REQUIRED/ NEEDED: DRAINAGE: DEVELOPMENT HISTORY: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION August 1, 2017 Commercial District and "R-3" Multiple Residence District The request would not require any buffering by ordinance standards. The proposed vacate of the alley would not appear to have a negative impact on drainage in the area. There is an existing drainage basin across from the 205 Franklin Street (CVS) that will be expanded to improve drainage conditions for the area and address drainage requirements for the proposed grocery store. The surrounding area is principally commercial and residential with structures built between 1892 to present with a majority built between the 1920's to present. This area is located in Zone X: Protected by Levee as indicated by the Flood Insurance Rate Map No. 19013C0189F. East High School is located approximately 1/4 mile to the southeast. There are no known utilities located along the alley that is proposed to be vacated. However, under East 2nd Street there is a 27" storm sewer line and 8" sanitary sewer line. Under Franklin Street there is a 30" storm sewer line and 15" sanitary sewer line. Under Walnut Street there is a 24" storm sewer line, 4" drainage tile, and 15" sanitary sewer line. The Future Land Use Map designates the area as Mixed Residential: Low, Medium, and High Density Residential, Professional Offices, and Neighborhood Commercial. This request would be in compliance with such designation. The site is also located within the Primary Growth Area as designated on the Growth Area Map within the Comprehensive Plan. The request to vacate a portion of an alley in Block 64, adjacent to Lots17 and 18 of the Cooley Addition would not appear to negatively affect the area or traffic conditions. The alley only extends 120 feet into the Block, and if it could be extended would dead end at the CVS parking lot at 205 Franklin Street. The majority of the alley was vacated on January 1, 1986. Central Property Holdings, LLC as part of a grocery store development project is also submitting applications for a rezone request, appeal to permit parking in the city right-of- way, and site plan amendment request. Vacate Alley in Block 64 (Lots 1,2,17, and 18) of the Cooley Addition POag2e°73 of 141 ORDINANCE: STAFF RECOMMENDATION: August 1, 2017 There would be no platting required in relation to the request. Therefore, staff recommends the request to vacate a portion of an alley in Block 64 of the Cooley Addition, and comprising of approximately 2,400 SF be approved for the following reasons: 1 The request to vacate would not appear to have a negative impact on the surrounding area, and would help prompt infill development. 2 The request to vacate would not appear to have a negative impact on vehicular or pedestrian traffic in the area. 3 The request to vacate will accommodate the redevelopment of the site, and create infill development in the Primary Growth Area. Vacate Alley in Block 64 (Lots 1,2,17, and 18) of the Cooley Addition Page4 of 141 City of Waterloo Planning, Programming and Zoning Commission August 1, 2017 SE of 205Frankliln Street Vacate Request Central Holdings, LLC Page 75 of 141 IL /,,„.,_fes;/j �T1�e 75 37.5 075 rerloo • IFeet City of Waterloo Planning, Programming and Zoning Commission August 1, 2017 11 'C -2,C -Z fl<0 C=Z ES r M■ ■ "JIIIII% —111111111M lu m X1.••1 ■ 1111111 IA ST 1111111111 III I III'= h. :tell I MI .♦IIIII IR -4 CZ 404 • 63 C-2 ;4% 63 A-1 r z J J ui Ih4 III11412 j1 ■ 4 4111 ■ ® II 11 ARGYLE ST. 1111111 !11111: I Jl :111111: 11111111 v !1111111■1111 �C=21 11111 R= CJIU S P-7111GZIR-2 s„►: 111111:-x:1111■ :111111 111111`i ■ 7 M-1 111111111 11 R-2,CZ ■U1 H 11111 111111411 ■ MI "11 11 _1 C2;C 41‘ • • • • GLENW JO 41 ,r4 R-3: R -P M-1 R-3 R-4 R=P C-2 MY C • .• , t 4* -79 4,. 44,,6,, s R-3 � � �R #4 C-2;C=Z itI� '� •� . I'm IO , Ii -r a ‘'4 SE of 205 Frankliln Street Vacate Request Central Holdings, LLC Page 76 of 141 CC 1.14 ueId e is pesodojd ennoi 'oopa}eM 4eeJ}s uipjueJd Teveuaaadns;aaJ}S uipjueid Vacate Request — Adjacent to 205 Franklin Street Looking northwest from East 211d Street at the alley requested to be vacated. Looking southeast towards East 2nd Street at the alley requested to be vacated. There is a utility pole in the alley, however, there are no utilities on the pole. Page 78 of 141 City of Waterloo Planning & Zoning Department 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 Q Offer to Vacate and Purchase City Right -of -Way U. Request to Vacate Easement, Vacate Sidewalk, or Encroachment Agreement U Sale of City -Owned Property Central Property (319)234-1766 Applicant: Usoldings, 11 C Address620 LaEa vette St_ PhoneNo.: c/a Eric W. Johnson Waterloo, I A 50703 General Description of Property to Vacated (i.e.- alley between A St. & B St., South of C St.): Unvacated alley portion northwesterly of E 2nd St. running through Block 64 of The Cooley Addition, more particularly shown on attached Exhibit "A" Legal description of area to be conveyed, vacated, or encroached: See attached Exhibit "B" 1, A non-refundable tiling fee(s) shall be made as follows (checks payable to City of Waterloo):. • Right-of-way vacation — One Hundred Seventy Five Dollar ($175.00) Filing Fee • Easement or sidewalk vacation — Seventy Five Dollar ($75.00) Filing Fee • Encroachment — One Hundred Dollar ($100.00) Filling Fee • Sale of city -owned property not required to be vacated — No Fee • Any request not meeting the Sale of Property Policy -- One Hundred Dollar ($100.00) Fee 2, Offer Price*[Note: If the offer price meets the Sale of Property Policy (see attached) the request will not be required to be reviewed by the Building & Grounds Committee.] • Asking price (see attached Sale of Property Policy for how calculated): • Deductions • May decrease price by 50% for area located within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs (8 yrs inside of the CURA): • Costs (surveying & mise., demolition, remove of curbs, etc): Asking price — Deductions = Value of Property: Offer Price for Entire Area: Note: The above information is a summary of the Sale of Property Policy (see attached). All requests to vacate and purchase City right-of-way must be accompanied by a signed "Intent to Vacate" form for each abutting property to the area to be vacated. Any request that fails to meet the Sale of Property Policy shall not be forwarded to the Building and Grounds Committee or City Council. Any such applicant shall need to request review to Building and Grounds through a City Council member. 3. Publication and Recording Cees*: At the dine a buyer(s) has been selected, all publication costs and recording fees must be paid by the applicant. Applicant shall be responsible for collecting from other buyers. 4. Easement*: The following easeinent shall be retained: 5, Other: Please provide a site plan and/or aerial photo of the area to be vacated if the request involves additional construction as the reason for the request. Applicant odney . Anderson Dat7e *Not required for easement vacates sidewalk vacates or Encroachment Agreements Page 79 of 141 CITY OF WATERLOO Council Communication Solid Waste and Recycling Containers to Support the City of Waterloo's Recycling and Various Clean -Up Programs. City Council Meeting: 8/21/2017 Prepared: 8/16/2017 REVIEWERS: Department Reviewer Traffic Operations Even, LeAnn Action Approved ATTACHMENTS: Description Type ❑ Bid Tab Backup Material SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Background Information: D ate 8/16/2017 - 11:44 AM Motion to receive and file proof of publication and notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive, file and instruct City Clerk to read bids and refer to Interim Public Works Director for review. Submitted By: Sandie Greco, Interim Public Works Director Recommend Approval This service is for providing equipment site service and collection/delivery of materials from neighborhood recycling drop-offs and the processing and ultimate marketing and disposal of materials thereby generated. Further services will include providing solid waste containers and disposal of refuse for a variety of different events lead by the City of Waterloo. $90,000.00 Sanitation Funding - 525-15-5400-1300 Strategy 3.4 and 3.5 - Identify and implement proven cost and resource saving measures and continue to engage with local public partners to identify cost savings, streamline efforts and improve efficeiency in City operations and activities. The City of Waterloo has provided recycling containers at various locations for the public to use. Containers have also been provided for neighborhood clean ups. Page 80 of 141 Recycling Containers to support recycling and various clean-up programs Bid Tab: August 17, 2017 Estimate: $90,000 Bidder Bid Security Total Drop Sites City Clean -Ups $68/ton hauled from drop sites $115/hour per truck for Rite Environmental Inc. $155/scheduled haul to Landfill scheduled events. Waterloo IA $175/ unscheduled haul to Landfill $175/dumpster delivery for unscheduled event N/A Drop Sites City Clean -Ups Recycling -no cardboard: $100/pull plus landfill charges - Black Hawk Waste N/A $50/container, $55/ton disposal landfill charges excluded for Disposal Company Inc. fee, $15/ton rebate $100 flat fee for Code Waterloo IA Cardboard only: no cost with $70/ton rebate Enforcement pick up -landfill charges included in fee. $100/mo. For storage/transfer of broken carts. Page 81 of 141 CITY OF WATERLOO Council Communication Recycling Processing Facility to Support the City of Waterloo's Curbside Recycling Program. City Council Meeting: 8/21/2017 Prepared: 8/16/2017 REVIEWERS: Department Reviewer Action Date Traffic Operations Even, LeAnn Approved 8/16/2017 - 11:38 AM Clerk Office Even, LeAnn Approved 8/16/2017 - 11:42 AM ATTACHMENTS: Description Type D Bid Tab Backup Material SUBJECT: Motion to receive and file proof of publication and notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive, file and instruct City Clerk to read bids and refer to Interim Public Works Director for review. Submitted by: Submitted By: Sandie Greco, Interim Public Works Director Recommended Action: Recommend Approval Summary Statement: Expenditure Required: This service is for providing equipment, site service and collection/delivery of materials from neighborhood drop-offs and the processing and ultimate marketing and disposal of materials thereby generated. HOLD HEARING - No comments on file. Resolution confirming approval of specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive, file and instruct City Clerk to read bids. Resolutions awarding bid to in the amount of for the Recycling Processing Facility to Support the City of Waterloo's Curbside Recycling Program. $32,000.00 Source of Funds: Sanitation Funding 525-15-5400-1300 Page 82 of 141 Policy Issue: Background Information: Strategy 3.4 and 3.5 - Identify and implement proven cost and resource saving measures and continue to engage with local public partners to identify cost savings, streamline efforts and improve efficiency in City operations and activities. The City of Waterloo has provided curbside recycling for a number of years. The vendor divides and separates all recyclables. Page 83 of 141 Recycling Processing Facility to support curbside recycling Bid Tab: August 17, 2017 Estimate: $32,000 Bidder Bid Security Total Black Hawk Waste Disposal Company, Inc. Waterloo IA N/A Single Stream Recycling: $55/ton sorting/disposal fee with $15/ton rebate. Cardboard: $70/ton for processing/pick up Page 84 of 141 CITY OF WATERLOO Council Communication Resolution approving installation of a 25 miles per hour speed hump in the 600 block of Reber Avenue. City Council Meeting: 8/21/2017 Prepared: 8/15/2017 REVIEWERS: Department Traffic Operations Clerk Office SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Background Information: Reviewer Even, LeAnn Even, LeAnn Action Approved Approved D ate 8/16/2017 - 12:46 PM 8/16/2017 - 12:46 PM Resolution approving installation of a 25 miles per hour speed hump in the 600 block of Reber Avenue. Submitted By: Sandie Greco, Interim Public Works Director Approve Resolution Requests from residents and officers from the Police Department have contacted Traffic Operations requesting a speed hump to slow traffic on Reber Ave. especially near the Euclid St. intersection which is very busy. $600.00 for materials Road Use Tax Strategy 2.2: Enlist all City department and staff members in efforts to promote a safer community. The Traffic 0 eprations staff has worked with Sgt. Greenlee in studying a traffic calming method to slow traffic on Reber Ave. Reber is a narrow street with parking on one side. Page 85 of 141 CITY OF WATERLOO Council Communication Resolution approving Methamphetamine Drug Hot Spots grant money as a sub -recipient from the Governor's Office of Drug Control Policy, in the amount of $21,833 with no matching funds required, to provide overtime funds to assist in mid and high level methamphetamine investigations, and authorize Program Director to execute said document. City Council Meeting: 8/21/2017 Prepared: 8/9/2017 REVIEWERS: Department P olice Department Clerk Office Reviewer Krogh, Frank Even, LeAnn ATTACHMENTS: Description D Methamphetamine Hotspots Camp Grant SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Action Approved Approved Type Cover Memo D ate 8/9/2017 - 4:10 PM 8/16/2017 - 9:36 AM Resolution approving Methamphetamine Drug Hot Spots grant money as a sub -recipient from the Governor's Office of Drug Control Policy, in the amount of $21,833 with no matching funds required, to provide overtime funds to assist in mid and high level methamphetamine investigations, and authorize Program Director to execute said document. Submitted By: Frank Krogh, Captain of Police Services Request that the City Council pass a resolution authorizing Mayor Hart to receive Methamphetamine Drug Hot Spots grant money as a sub -recipient from the Governor's Office of Drug Control, for a $21,833.00 grant with no matching funds required. The money will directly pay overtime costs associated with the investigation into mid and high level methamphetamine crimes. Your approval of this grant will enable the Tri -County Drug Task Force to further investigate mid and high level methamphetamine crimes creating a safer community. N/A N/A N/A N/A Page 86 of 141 METHAMPHETAMINE DRUG HOT SPOTS GRANT PROGRAM Governor's Office of Drug Control Policy Pape State Office Bldg., 5th Floor 215 E. 7th Street, Des Moines, Iowa 50319 (515) 725-0300 Meth HotSots CFDA #16.710 Grantee: Waterloo 715 Mulberry Street Street Waterloo, Iowa 50703-5714 Phone: (319)291-4339 FAX: Grant #16 -CAMP - Grant Period: July 1, 2017 through June 30, 2018 Federal: $21,833 Match: $0 Total: $21,833 ODCP Contact: Dennis Wiggins 515/725-0311 Legal Applicant: Quentin Hart, Mayor Program Director: Daniel Trelka Phone: (319)291-4339 E-mail: trelkad@waterloopolice.com This grant is subject to the terms and conditions incorporated either directly or indirectly by reference in the grant program legislation, the grant program request for proposal, and the stipulations, if any, noted under "Special Conditions." Except for any waiver granted explicitly elsewhere in this grant, this award does not constitute approval of waiver from any Federal or state statutory/regulatory requirements for a United States Department of Justice grant. The grantee agrees to perform all services and furnish all supplies set forth in the application of this grant award for the consideration stated herein. This grant consists of the application for funds, the grant award notice, the budget documents, the standard grant conditions, the reporting forms, and all approved grant revision documents. Al parties to this grant award acknowledge that they have fully read and understand this contract, and agree to abide by the terms set forth within. SPECIAL CONDITIONS • Grant funding is provided to assist project with mid to high level mehtamphetamine investigations or precursor diversion investigations. • Targets of investions will be shared with the Division of Intelligence to be entered into the LEIN database system. • Projects will regularly deconflict investigations by searching potential targets in the LEIN database system. In witness wherefore, the parties hereto have executed this grant the day and year specified below. SIGNATURES/DATES Legal Applicant/Date Program Director/Date ODCP Administrator/Date Page 87 of 141 CITY OF WATERLOO Council Communication Resolution approving designation of revenue earned from automated traffic enforcement cameras by holding revenue in an account used as police revenue in the budget year two years following receipt of said funds, assigning use of said revenue for property tax reduction, and classifying said revenue as committed fund balance on the City's financial statements. City Council Meeting: 8/21/2017 Prepared: 8/16/2017 REVIEWERS: Department Reviewer Action Date Finance Weidner, Michelle Approved 8/16/2017 - 3:50 PM Clerk Office Even, LeAnn Approved 8/16/2017 - 4:26 PM ATTACHMENTS: Description Type D Designation of Automated Traffic Enforcement Camera Cover Memo Revenue SUBJECT: Submitted by: Summary Statement: Expenditure Required: Policy Issue: Resolution approving designation of revenue earned from automated traffic enforcement cameras by holding revenue in an account used as police revenue in the budget year two years following receipt of said funds, assigning use of said revenue for property tax reduction, and classifying said revenue as committed fund balance on the City's financial statements. Submitted By: Michelle Weidner, Chief Financial Officer There have been many questions about how revenue earned from the use of Automated Traffic Enforcement Cameras will be used. There is also uncertainty surrounding the legality and c o llec tab ility of the revenue. It's appropriate to use the revenue to reduce the property taxes required to support police activities. It's financially prudent to budget to spend the revenues after they are received. Because the budget is established approximately two years in advance, I recommend that the revenue be budgeted to be used to reduce property taxes levied for police activities two fiscal years after collection. N/A This meets strategic planning goal number 2, Strategy 2.1, Strengthen the work of the Waterloo Police Department through adequate training, staffing and community programming, in addition to goal number 3, Reduce the City's property tax levies through a responsible balance of cost reduction in City operations... and strategy number 3.1, Continue to implement and explore new options for revenue generation for the City. Page 88 of 141 Page 89 of 141 Mayor QUENTIN HART COUNCIL MEMBERS TOM POWERS Ward 1 BRUCE JACOBS Ward 2 PATRICK MORRISSEY Ward 3 JEROME AMOS, JR. Ward 4 RON WELPER Ward 5 TOM LIND At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA City Clerk and Finance Department 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4323 Fax (319) 291-4571 KELLEY FELCHLE • City Clerk MICHELLE WEIDNER, CPA • Chief Financial Officer Council Communication City Council Meeting: Prepared: Dept. Head Signature: Number of Attachments: SUBJECT: August 21, 2017 August 16, 2017 None Resolution Approving Designation of Revenue Earned from Automated Traffic Enforcement Cameras Submitted by: Michelle Weidner, Chief Financial Officer Recommended City Council Action: Revenue approving designation of revenue earned from automated traffic enforcement cameras by holding revenue in an account used as police revenue in the budget year two years following receipt of said funds, assigning use of said revenue for property tax reduction, and classifying said revenue as committed fund balance in the City's financial statements. Summary Statement: There have been many questions about how revenue earned from the use of Automated Traffic Enforcement Cameras will be used. There is also uncertainty surrounding the legality and collectability of the revenue. It's appropriate to use the revenue to reduce the property taxes required to support police activities. It's financially prudent to budget to spend the revenues after they are received. Because the budget is established approximately two years in advance, I recommend that the revenue be budgeted to be used to reduce property taxes levied for police activities two fiscal years after collection. Expenditure Required: N/A Source of Funds: Policy Issue: This meets strategic planning goal number 2, Strategy 2.1, Strengthen the work of the Waterloo Police Department through adequate training, staffing and community programming, in addition to goal number 3, Reduce the City's property tax levies through a responsible balance of cost reduction in City operations... and strategy number 3.1, Continue to implement and explore new options for revenue generation for the City. WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 90 of 141 CITY OF WATERLOO Council Communication Resolution approving award of Hotel/Motel Mini Tax grant, in the amount of $2,437 to Full Count Sports Academy. City Council Meeting: 8/21/2017 Prepared: 8/16/2017 REVIEWERS: Department Reviewer Action Date Airport Even, LeAnn Approved 8/16/2017 - 5:39 PM SUBJECT: Resolution approving award of Hotel/Motel Mini Tax grant, in the amount of $2,437 to Full Count Sports Academy. Submitted by: Submitted By: Convention & Visitor's Bureau Recommended Action: Approve resolution. Page 91 of 141 CITY OF WATERLOO Council Communication Resolution approving submission of grant application for a FY 2017- Certified Local Government Grant from the National Park Service, in the amount of $10,000, to perform a National Register Survey of the Triangle District and authorize Mayor and City Clerk to execute all necessary documents. City Council Meeting: 8/21/2017 Prepared: 8/16/2017 REVIEWERS: Department Planning & Zoning Clerk Office ATTACHMENTS: Description D Triangle District SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Reviewer Schroeder, Aric Even, LeAnn Action Approved Approved Type Cover Memo D ate 8/16/2017 - 10:32 AM 8/16/2017 - 12:49 PM Resolution approving submission of grant application for a FY 2017 Certified Local Government Grant from the National Park Service in the amount of $10,000, to perform a National Register Survey of the Triangle District, and authorize Mayor and City Clerk to execute all necessary documents. Submitted By: Noel Anderson, Community Planning & Development Director Resolution authorizing the submittal of the grant application. The Waterloo Historic Preservation Commission would like to submit a grant application to fund a survey of the Triangle Area of Waterloo. The city of Waterloo has a unique African American Civil Rights history and its critical to document and preserve this history and make it accessible to the public and future researchers. The grant requires a 40% match which will be made up of printing costs, in- kind labor, and volunteer labor. Match of 40% $6,995, Grant Amount $10,000, total of $16,995 In kind labor and materials. Economic Development/Historic Preservation NA Page 92 of 141 Background Information: N/A Legal Descriptions: N/A Page 93 of 141 w z w O E. -PARKER ST O MOSLEY ST - CHARLES ST HAWVER CT OLIVER ST 0 z CONGER ST 1 Nwim i Lu O CHESTNUT ST 1 63 w g 2 EEr DANE ST 41 -7 Q J-STOKES •-D,Q�� CC CO GABLE ST RICKER ST W 0 fierilkLL ST QUIJINS1 Mil! 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Users shoultl refer til official plats, surveys, eco ded deeds, etc. lova ed at[he Black Hawk County Assessors Offs ce for complete °baee°ra`e'°`orma"°° _ dee ,O ���� Paae 94 of 141 CITY OF WATERLOO Council Communication Resolution concurring with the determination of Community Planning and Development Director that the proposed change to the approved site plan within a "B -P" Business Park District and "R -4,R -P" Planned Residence District for lot three of the County Club Business Center Addition to allow for the construction of a 5,320 square foot oral dental office with with a 28 stall parking, and a future 5,000 square foot office building and a 20 stall parking lot, is minor and shall be approved as a Minor Site Plan Amendment. City Council Meeting: 8/21/2017 Prepared: 8/15/2017 REVIEWERS: Department Planning & Zoning Clerk Office Reviewer Schroeder, Aric Even, LeAnn ATTACHMENTS: Description D Council Letter Attachments - Borgwardt SUBJECT: Submitted by: Recommended Action: Summary Statement: Action Approved Approved Type Cover Memo D ate 8/16/2017 - 10:37 AM 8/16/2017 - 12:53 PM Resolution concurring with the determination of Community Planning and Development Director that the proposed change to the approved site plan within a "B -P" Business Park District and "R -4,R -P" Planned Residence District for lot three of the County Club Business Center Addition to allow for the construction of a 5,320 square foot oral dental office with with a 28 stall parking, and a future 5,000 square foot office building and a 20 stall parking lot, is minor and shall be approved as a Minor Site Plan Amendment. Submitted By: Noel Anderson, Community Planning and Development Director Approval The approved site plan for the site shows a oral dentist office and future office building. Also included are building elevations of what the new oral dentist office will look like. Recently, the lot in question went through the site plan amendment process to designate the parcel as office/medical. A dental office requires one parking space for every 200 SF of floor area, which mechanical and storage areas can be subtracted out. The building in question is 5,320 SF , which would require 27 parking stalls and 32 parking stalls are being shown. A future 20 parking stalls are being shown for the 5,000 SF building, and between both buildings, a total of 52 parking stalls are being shown, which would meet the minimum parking requirements. All parking appears to be sufficient. Staff feels that the design and layout of the building is compatible to development in the area, and is appropriate for the minor site plan Page 95 of 141 amendment to the B -P" Business Park District, and "R -4,R -P" Planned Residence District, and requests concurrence from the City Council that they agree with such determination by staff. Expenditure Required: N/A Source of Funds: N/A Policy Issue: Land Use, Planning, and Economic Development Alternative: N/A Background Information: N/A Legal Descriptions: COUNTRY CLUB BUSINESS CENTER ADDITION LOT 3 Page 96 of 141 wogM®uassoo N ow3 / ) azoo-sez (6,) ,.o346ze-5az (6a) :auoud Loins ,moi '001,1,, • 868 xog "o"d . anuany Sgslan3un SOLI '3U1 'BU!Ranang pue Buiieau!Bu3 uesseep auAeM ') LL'90 a Jf3MN o3 -11J LDL 00 031 ON 3, ueld BuipeJO a118 MOI `ooIae1eM 6u1p11n9 031110 MON saa fpr mbJoe 'Ja Certification iy 4 6866.6L88868088888616 868,3 9800—££8 (6l£) :688 • 8689-5£8 (6l£) :au0yd locos 8861 888888M • 969 6661 86d . 68888v 888, 868 SOLZ •au1 `6ulAanans pue 6u!Jeeul6u3 uesseep auAeM SY 3 ON CONTROL P .Y oleo a3. 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I I I I I I I PAVING PLAN ,uaasoo= ,1,0W3 azoo—ssz (sus)• rosze—ssz (6.) ,a old Homs ,A01oi as26S•"O .oe �o'd . a�ua„y „ua�a„iun socz •3ul `6u!AanJns pue 6u!Jaeul6u3 uesseel3 aul(eM 3 3 ,31L010.1N3L37 � 3,0 3,0 sp iaa alined enrol 'ooIJaWWM bulPling e31140 MeN saa jpiembiog 'Ja 0) t J Note: This drawing is an artistic interpretation of the general appearance of the design. It is not meant to be an exact rendition. Page 103 of 141 Note: This drawing is an artistic interpretation of the general appearance of the design. It is not meant to be an exact rendition. Page 104 of 141 Note: This drawing is an artistic interpretation of the general appearance of the design. It is not meant to be an exact rendition. Page 105 of 141 Note: This drawing is an artistic interpretation of the general appearance of the design. It is not meant to be an exact rendition. Page 106 of 141 CITY OF WATERLOO Council Communication Resolution approving a Chapter 28E Agreement with Hawkeye Community College to allow for residential housing construction on city owned lots, and authorize the Mayor and City Clerk to execute said document. City Council Meeting: 8/21/2017 Prepared: 8/16/2017 REVIEWERS: Department Planning & Zoning Clerk Office Reviewer Schroeder, Aric Even, LeAnn Action Approved Approved ATTACHMENTS: Description Type ❑ 28E City & Hawkeye agreement Backup Material SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: D ate 8/16/2017 - 10:53 AM 8/16/2017 - 12:45 PM Resolution approving a Chapter 28E Agreement with Hawkeye Community College to allow for residential housing construction on city owned lots, and authorize the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning & Development Director Approve document The agreement will allow for Hawkeye Community College to construct student constructed housing on city owned lots. The Lots will be conveyed to Hawkeye Community College prior to the construction of the housing units. After construction is complete the homes will then be transferred back to the City in exchange for the cost of materials actually incurred by the college. The City will then be able to sell the homes. The agreement will benefit both the City and Hawkeye's vocational and technical training education programs. Supplemental council actions will take place for each individual project to allow for individual, detailed review of each project. NA NA Strategic goals 1, 3, and 4 for economic development of the area. Not approve The City of Waterloo would like to work with Hawkeye Community College Page 107 of 141 Background Information: to not only utilize existing City owned lots but expand the educational experience of students enrolled within their vocational & technical education programs. Legal Descriptions: N/A Page 108 of 141 CHAPTER 28E AGREEMENT - AGREEMENT FOR RESIDENTIAL HOUSING CONSTRUCTION THIS AGREEMENT made and entered into the day of , 2017, by and between the Hawkeye Community College (hereinafter referred to as "College") and the City of Waterloo, Iowa (hereinafter referred to as "City"): WHEREAS, College is a community college organized and existing under the laws of the State of Iowa and is a public agency as defined in Iowa Code Chapter 28E; and WHEREAS, City is a municipal corporation organized and existing under the laws of the State of Iowa and is a public agency as defined by Iowa Code Chapter 28E; and WHEREAS, College provides vocational and technical education and training to students, including education and training to students in the building trades, and has authority to sell student constructed buildings and the property on which such student constructed buildings are located pursuant to Iowa Code § 260C.14(6); and WHEREAS, City has a shortage of adequate housing, attributable in part to the relative shortage of the number of individuals who are skilled in the building trades; and WHEREAS, City currently owns and intends in the future to acquire parcels of property which are suitable for the construction of student constructed housing; and WHEREAS, City desires to transfer lots to the College for the College to construct student constructed houses on, and to purchase the lots back from the College upon completion of such construction at the cost of materials to the College; and WHEREAS, College desires to accept individual lots from the City, construct student constructed houses thereon, and transfer the lots back to the City upon completion of construction in exchange for the cost of materials actually incurred by the College; and WHEREAS, public agencies may enter into an agreement for joint and cooperative action pursuant to Iowa Code Chapter 28E; and WHEREAS, College and City believe that an agreement pursuant to Chapter 28E of the Iowa Code should be entered into with regard to the construction of student constructed homes in the City, which agreement will be to their mutual advantage. NOW, THEREFORE, in consideration of the promises and the mutual covenants and agreements hereinafter contained, it is hereby agreed by and between College and City as follows: 1 Page 109 of 141 1. Purpose. The Purpose of this Agreement is to facilitate the joint exercise of the parties' respective powers to fund and construct College student constructed houses on property currently owned by City, subject to the terms and conditions set forth herein. 2. Administration. No separate legal or administrative entity shall be created for the governance or administration of the terms or subject matter of this Agreement. This Agreement will be administered by the Vice President of Administration and Finance or his/her designee on behalf of College, and the Community Planning and Development Director or his/her designee on behalf of City. 3. Project. College shall construct student constructed houses on property owned by the City on an ongoing basis as contemplated by the terms of this Agreement (the "Project"). 4. Property. Each Property to be used for the Project shall be identified and mutually agreed upon by the Community Planning and Development Director for the City and the Vice President of Administration and Finance of the College. 5. Duration. This Agreement shall remain in effect unless and until terminated in accordance with Section 13, commencing with the date of filing of this Agreement with the Iowa Secretary of State, in accordance with Iowa Code Section 28E.8. 6. Transfer of Property to College. At such time as the Community Planning and Development Director for the City and the Vice President of Administration and Finance of College mutually agree on a lot of property to be used for the Project (each lot agreed upon between the parties is herein referred to individually as the "Property"), City shall convey the Property to College on the following terms and conditions: A. Purchase Price. City acknowledges the services provided by College related to the Project are sufficient consideration to support City's obligation to transfer the Property to College. No additional monetary consideration will be required of the College. B. Possession and Closing. The closing date shall occur on a date mutually agreeable to the parties ("First Closing Date"). Possession of the Property ("Possession") shall be delivered to College at the First Closing Date. Each transaction shall be considered closed upon the filing of all title transfer documents ("First Closing"). C. Taxes and Special Assessments. City shall pay all property taxes and/or special assessments, if any, pertaining to the Property at all times during the pendency of this Agreement, notwithstanding which party holds legal title to the Property. College represents that the real property owned by it under this Agreement will be exempt from taxation for property tax purposes until it is occupied or sold. D. Included Property. Included with the Property shall be all improvements and fixtures that integrally belong to, are specifically adapted to, or are a part of the 2 Page 110 of 141 Property, whether attached or detached. City covenants that each Property shall be a bare lot, free from any structures. E. Platting; Survey. If a survey is required under Iowa Code Chapter 354, city or county ordinances, or is necessary to permit College to carry out its obligations under this Agreement, City shall pay the cost thereof. F. Environmental. City represents and warrants to College that, to the City's knowledge formed without specific inquiry: (i) the Property has not been used for the purpose of generating, receiving, handling, using, storing, treating, transporting or disposing of (A) any hazardous material as defined in any applicable federal, state, county or local statutes, laws, regulations, rules, ordinances, codes, standards, orders, licenses and permits of any governmental authorities relating to environmental matters (being hereinafter collectively referred to as the "Environmental Laws"), (B) other toxic, dangerous or hazardous chemicals, materials, substances, pollutants and wastes, or any chemical, material or substance, exposure to which is prohibited, limited or regulated by any federal, state, county, regional or local authority or (C) petroleum products (except petroleum products received, handled, used, stored, treated, transported or disposed of in accordance with Environmental Laws), (ii) there are no existing or pending remedial actions or other work, repairs, construction or capital expenditures with respect to the Property in connection with the Environmental Laws, nor has City received any notice of the same and (iii) no Hazardous Materials have been or will be released into the environment, or have been or will be deposited, spilled, discharged, placed or disposed of at, on or adjacent to the Property, nor has the Property been used at any time by any person as a landfill or a disposal site for Hazardous Materials or for garbage, waste or refuse of any kind (all the foregoing being hereinafter collectively referred to as "Hazardous Materials"). City shall also provide College with a properly executed Groundwater Hazard Statement showing no wells, solid waste disposal sites, hazardous waste, underground storage tanks, burial sites, or private sewage disposal systems on the Property. This representation and warranty shall survive the First Closing, Second Closing, and the termination of this Agreement. G. Deed. At First Closing, City shall convey merchantable title to the Property to College, by a duly executed and acknowledged general warranty deed, free and clear of liens and encumbrances, reservations, exceptions or modifications except as expressly accepted by College in writing. Said deed shall be in a form acceptable to College. City shall be responsible for payment of revenue stamps, if any, and recording costs payable to the Black Hawk County Recorder. H. Warranties. In addition to any other warranties stated herein or in the general warranty deed to be executed and delivered by City to College, City represents and warrants to College the following: 3 Page 111 of 141 i. City is the owner in fee simple of the Property free and clear from all liens and encumbrances, and City's entering this Agreement will not conflict with any other contract, agreement, or obligation to which City is a party. ii. There will be no leases or other occupancy agreements relating to the Property in effect as of the date of First Closing. iii. City has entered into no other agreements to sell the Property. iv. City is not a party to any litigation, nor does City know of any litigation or threatened litigation, affecting the Property, or City's ownership thereof, and City shall give College prompt notice of any claim, threatened litigation, or instigation of any litigation prior to First Closing. v. City has not received and has no knowledge of any notice or request from any governmental authority having jurisdiction regarding any violation of any federal, state, or local law or requesting the performance of any work or alteration with respect to the Property. vi. City is not in default under the terms of any lease, contract, agreement, order, or judgment affecting the Property or the operation thereof. vii. There are no contracts or agreements, written or oral, which would bind College, affecting the ownership or operation of the Property. viii. There are no structures on the Property. ix. No labor has been performed, or materials supplied, for the Property which the City has not fully paid. x. There are no condemnation proceedings pending, or to the best of City's knowledge, contemplated against the Property, or any part thereof, and the City has received no notice, oral or written, of the intent or desire of any public authority or public utility to take or use the Property or any part thereof. xi. City has no knowledge or information of any facts, circumstances, or conditions which do or would in any way adversely affect the Property. xii. The representations and warranties of City contained in this Section 6 shall survive First Closing, Second Closing, and the termination of this Agreement. 4 Page 112of141 7. Construction of Project. Following transfer of the Property to College, College shall construct the Project on the Property on the following terms and conditions: A. Budget and Design. Prior to commencement of construction of the Project, the City and College shall meet and mutually agree upon the design plans and specifications for the Project, which may include sodding or seeding and a not -to -exceed budget amount for the Project. Once agreed upon, neither the design nor budget may be amended, without the written consent and agreement of both the City and College. B. Scope of Work. College will furnish all tools, equipment, components, machinery, supplies, superintendence, insurance, transportation and other construction accessories, services, facilities, and labor necessary to construct the Project in accordance with the plans and specifications agreed upon by the Community Planning and Development Director for the City and the College Vice President of Administration and Finance and in compliance with all City, state, and federal building codes and with all applicable City ordinances and other applicable law. In the event the College should anticipate a material increase in the cost of materials to complete the Project above what was budgeting prior to the commencement of work, the College shall obtain City's written approval of such cost overruns prior to incurring the same. C. Time for Completion. The Project will be completed within three (3) years after the First Closing, but College shall be entitled to a 6 -month extension upon written notice to City if College reasonably believes that completion can be attained during the extended period. Any further extension shall require City's written consent, which consent shall not be unreasonably conditioned or withheld. Completion shall be evidenced by production of executed final lien waivers from all contractors and suppliers and a certificate of occupancy issued by the City of Waterloo Building Inspections Department. The Property shall be turned over to City in standard, "broom clean" condition, and all remaining construction materials and debris shall be removed from the Property. D. Risk of Loss and Insurance. City shall bear the risk of loss or damage to the Property prior to First Closing. College shall bear the risk of loss or damage to the Property following First Closing and prior to Second Closing. City shall bear the risk of loss or damage to the Property following Second Closing. College shall procure builder's risk insurance at its own expense to cover loss or damage to the Property occurring after the First Closing but prior to Second Closing. The City shall be named as an additional insured on the builder's risk policy. E. Worker's Compensation Insurance. College shall purchase and maintain worker's compensation insurance for not less than the limits required by law and shall name the City as an additional insured. 5 Page 113 of 141 F. General Liability Insurance. College shall purchase and maintain Comprehensive General Liability Insurance and Comprehensive Automobile Liability Insurance to cover the operations of College, its officers, employees, contractors and agents, under this Agreement. 8. Transfer of Property Back to City. Upon completion of the Project pursuant to Section 7 of this Agreement, College shall convey the Property back to the City on the following terms and conditions: A. Purchase Price. City shall pay College the actual cost of materials supplied and/or used by College in the construction of the Project, subject to documentation of such costs that is reasonably satisfactory to City, or such other amount mutually agreed upon by the parties (the "Purchase Price"). City will not pay College for the value of any materials that College obtains by donation or otherwise without cost. B. Possession and Closing. The closing date shall occur on a date mutually agreeable to the parties ("Second Closing Date"). Possession of the Property shall be delivered to City at the Second Closing Date. Each transaction shall be considered closed upon the payment in full by City of the Purchase Price and the filing of all title transfer documents ("Second Closing"). C. Included Property. Included with the Property shall be all buildings, structures, improvements, and fixtures that integrally belong to, are specifically adapted to, or are a part of the Property, whether attached or detached. D. Deed. At Second Closing, College shall convey the Property to City, by a duly executed and acknowledged special warranty deed, free and clear of liens and encumbrances, reservations, exceptions or modifications arising by or through College except as expressly accepted by City in writing. City shall be responsible for payment of revenue stamps, if any, and recording costs payable to the Black Hawk County Recorder. E. Condition of the Property. NOTWITHSTANDING ANY OTHER PROVISION CONTAINED HEREIN, IT IS UNDERSTOOD AND AGREED THAT, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, COLLEGE IS NOT MAKING AND HAS NOT AT ANY TIME MADE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, WITH RESPECT TO MERCHANTABILITY, ZONING, TAX CONSEQUENCES, VALUATION, GOVERNMENTAL APPROVALS, OR THE COMPLIANCE OF THE PROPERTY WITH LAWS. CITY REPRESENTS TO COLLEGE THAT CITY HAS CONDUCTED, OR WILL CONDUCT PRIOR TO SECOND CLOSING, SUCH INVESTIGATIONS OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO THE PHYSICAL AND ENVIRONMENTAL 6 Page 114 of 141 CONDITION THEREOF, AS CITY DEEMS NECESSARY TO SATISFY ITSELF AS TO THE CONDITION OF THE PROPERTY. 9. Financing of the Project. College and City shall each be directly responsible for the costs assigned to each by the terms of this Agreement. 10. Indemnification. To the extent allowed by law, City shall defend, indemnify, and hold harmless College from any and all claims, demands, causes of action, suits, settlements, and any other claimed damages, to include reasonable attorneys' fees, investigative costs, suit fees, and other costs associated therewith, arising out of: (i) a material breach of this Agreement by City, (ii) the material failure of any representation or warranty of City made in this Agreement to be true, (iii) any material act or omission of City related to its obligations under this Agreement. To the extent allowed by law, College shall defend, indemnify, and hold harmless City from any and all claims, demands, causes of action, suits, settlements, and any other claimed damages, to include reasonable attorneys' fees, investigative costs, suit fees, and other costs associated therewith, arising out of: (i) a material breach of this Agreement by College, (ii) the material failure of any representation or warranty of College made in this Agreement to be true, (iii) any material act or omission of College related to its obligations under this Agreement, or (iv) any physical injury occurring during, and related to, the work performed by College under Section 7 of this Agreement. 11. Assignment. Neither party may assign its rights, obligations, or interests under this Agreement without prior written consent of the other. 12. No Joint Obligation. The obligations of College and City under this Agreement are several obligations, and are not joint obligations. 13. Termination of Agreement. This Agreement may be terminated in any one of the following ways: A. Jointly, by a written agreement executed by College and City; B. By either party, without cause, upon ninety (90) days' prior written notice. C. By either party for breach of any of the terms of this Agreement by the other party. Termination shall be accomplished by giving written notice to the breaching party specifying the breach and stating that the Agreement will be terminated if the breach is not cured within thirty (30) days. Failure to cure the breach within thirty (30) days of receipt of this notice shall result in automatic termination of this Agreement. D. Notwithstanding any termination, other than for breach under Section C, both parties shall remain responsible for fulfilling their respective obligations to complete and pay for any construction in progress at the time of termination. The parties shall mutually determine what constitutes "completion" and "payment" for purposes of this provision. 14. Transfer Upon Termination. If this Agreement is terminated pursuant to Section 13, College shall, within sixty (60) days of either completion of construction, or if construction hasn't 7 Page 115 of 141 started, within sixty (60) days of termination, transfer back to the City by special warranty deed, free and clear of liens and encumbrances, reservations, exceptions or modifications arising by or through College except as expressly accepted by City in writing, any Property it acquired from the City pursuant to this Agreement. 15. Notice. All notices, requests, claims, demands and other communications between the parties shall be in writing, and shall be given by delivery in person or by first class, registered or certified mail, postage prepaid. All notices shall be effective upon receipt, if notice is given by delivery in person, or on the fifth day following mailing to the other party at its respective address listed below: To College: Vice President of Administration and Finance 1501 East Orange Road P.O. Box 8015 Waterloo, Iowa 50704 To City: Community Planning & Development Director 715 Mulberry Street Waterloo, Iowa 50703 16. Binding Effect. The terms and conditions of this Agreement shall extend to and be binding upon the successors in interest of the respective parties thereto. 17. Entire Agreement - Amendment. This Agreement contains the entire understanding between the parties and cannot be changed or terminated orally but only by an agreement in writing signed by both parties. 18. Severability. If any provisions of this Agreement are declared invalid or unenforceable, the remainder of the Agreement shall continue in full force and effect. 19. Governing Law. This Agreement shall be governed by the laws of the State of Iowa. Any dispute or claim arising out of this Agreement shall be heard in a court of competent jurisdiction in Black Hawk County, Iowa. 20. Counterparts. This agreement may be executed in any number of counterparts, each of which, when executed and delivered, shall be an original, but all such counterparts shall constitute one and the same instrument. [Signature Page to Follow] 8 Page 116 of 141 IN WITNESS WHEREOF, the parties have caused this instrument to be executed by their respective officers, pursuant to full authority granted and given as of the day and year first above written. HAWKEYE COMMUNITY COLLEGE CITY OF WATERLOO By: By: Board President Mayor By: By: Board Secretary City Clerk 01387991-1\10567-257 9 Page 117of141 CITY OF WATERLOO Council Communication Resolution approving an Affidavit of Possession for a vacated alley located west of 903 Riverside Drive, Waterloo, Iowa, and authorize Noel Anderson, Community Planning and Development Director, to execute said document. City Council Meeting: 8/21/2017 Prepared: 8/16/2017 REVIEWERS: Department Planning & Zoning Clerk Office ATTACHMENTS: Description D Affidavit SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Reviewer Schroeder, Aric Even, LeAnn Action Approved Approved Type Backup Material D ate 8/16/2017 - 10:55 AM 8/16/2017 - 12:45 PM Resolution approving an Affidavit of Possession for a vacated alley located west of 903 Riverside Drive and authorize Noel Anderson, Community Planning and Development Director, to execute said document. Submitted By: Noel Anderson, Community Planning & Development Director Approve document The alley was vacated in 2010 and sold to the adjacent owner at 930 Riverside Drive. The owner is now selling the property and is in need of the attached affidavit in order to clear title for the sale to proceed. NA NA Strategic goals 1, 3, and 4 for economic development of the area. Not approve Legal: That part of vacated Maplewood Street (fk.a. Greenwood Avenue. fk.a Hawthorne Avenue) Lying West of Block No. 36 in Auditor Rainbows Cedar River Plan No. 2 in the City of Waterloo, Black Hawk County, Iowa, described as follows: Beginning at the Southwest corner of Lot No. 4 in said Block No. 36, point being found 1"o.d. iron pipe; thence South 76°24 3/4' West a distance of 31.25 feet to the Southeast corner of Lot No.1 in Block No. 7 in Division "A" of Cedar River Park, point Page 118 of 141 Legal Descriptions: being a found'/z" rebar; thence along the East line of said Lot No. 1 and its Northerly extension Due North a distance of 108.0 feet to the westerly extension of the North line of lot No. 4 in said Block No. 36, point being a set '/z" rebar with license %16264 Thence along said extension North 89°53 '/z' East a distance of 30.4 feet to the Northwest corner of said Lot No. 4, point being a set '/z" rebar with license # 16264; Thence along the West line of said Lot No. 4 Due South a distance of 100.7 feet to the point of beginning. Note. The West line of Lot No.4 in said Block No. 36 is assumed to bear Due South for this Description, all in the City of Waterloo, Black Hawk County, Iowa. Page 119 of 141 Prepared by Christopher S. Wendland, P.O. Box 596, Waterloo, IA 50704. (319) 234-5701 After recording, return to: AFFIDAVIT OF POSSESSION TO WHOM IT MAY CONCERN: STATE OF IOWA, BLACK HAWK COUNTY, ss: The undersigned, being first duly sworn on oath, deposes and states as follows: That Janet L. Kendall is now the record titleholder of the following described real estate situated in Black Hawk County, Iowa: See Exhibit "A" attached hereto. That prior to conveyance of said real estate by the City of Waterloo, Iowa to Janet L. Kendall by quit claim deed dated September 13, 2010 and filed June 5, 2017 as Doc. No. 2017-21196, the City of Waterloo, Iowa was in complete actual and sole possession of all of said real estate. That this affidavit is made from the personal knowledge of the undersigned; and that this affidavit is for the purpose of confirming title to the above-described real estate under the provisions of Sectio. • 14.17 and 614.17A, Code of Iowa, and other statutes relative thereto. Dated , 2017. Noel Anderson Community Planning & Development Director City of Waterloo, Iowa Subscribed and sworn to before me on a , 2017 by Noel Anderson. Notary Public tvolp? Page 120 of 141 EXHIBIT "A" That part of vacated Maplewood Street (f.k.a. Greenwood Avenue, f.k.a Hawthorne Avenue) lying West of Brock No. 36 in Auditor Rainbows Cedar River Plat No. 2 in the City of Waterloo, Black Hawk County, Iowa, described as follows: Beginning at the Southwest corner of Lot No. 4 in said Block No. 36, point being a found 1"o.d. iron pipe; thence South 76°24'' West a distance of 31.25 feet to the Southeast corner of Lot No. 1 in Block No. 7 in Division "A" of Cedar River Park, point being d found '4" rebar; thence along the East line of said Lot No. 1 and its Northerly extension Due North a distance of 108.0 feet to the Westerly extension of the North line of Lot No. 4 in said Block No. 36, point being a set '4" rebar with license #16264; thence along said extension North 89°534' East a distance of 30.4 feet to the Northwest corner of said Lot No. 4, point being a set '," rebar with license #16264: thence along the West line of said Lot No. 4 Due South a distance of 100.7 feet to the point of beginning. Note: The West line of Lot No. 4 in said Block No. 36 is assumed to bear Due South for this description, all in the City of Waterloo, Black Hawk County, Iowa. Page 121 of 141 CITY OF WATERLOO Council Communication Resolution approving an Early Access Agreement with Kwik Trip, Inc. to allow earth -moving activities in preparation of development of the site west of 2010 Ridgeway Avenue, and authorize the Mayor and City Clerk to execute said document. City Council Meeting: 8/21/2017 Prepared: 8/18/2017 REVIEWERS: Department Reviewer Action Date P lanning & Z oning Felchle, Kelley Approved 8/18/2017 - 11:32 AM ATTACHMENTS: Description Type ❑ Early Access Agreement Backup Material ❑ Site Map Backup Material SUBJECT: Submitted by: Resolution approving an Early Access Agreement with Kwik Trip, Inc. to allow earth -moving activities in preparation of development of the site west of 2010 Ridgeway Avenue, and authorize the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning & Development Director Recommended Action: Approve document Kwik Trip would like access to the lot to begin preparation of the site for the construction of their fuel blending station that was approved by City Council April 10,2017. A final plat of the area is being finalized for recording, once the final plat is recorded the city will be able to convey the property to Kwik Summary Statement: Trip Inc. Kwik Trip also will be conducting utility and foundation work for the project in accordance with this agreement. Expenditure Required: NA Source of Funds: NA Policy Issue: Strategic goals 1, 2, and 4 for economic development of the area. Alternative: Not approve This site was acquired as a part of the Denso project and has been Page 122 of 141 Background Information: designated for industrial development. This agreement works towards that goal of development. Legal Descriptions: Legal: That part of the Southeast Quarter (SE 1/4) of Section Thirty-two (32), Township Eighty-nine North (T89N), Range Thirteen West (R13W) of the Fifth Principal Meridian, Waterloo, Black Hawk County, Iowa, described as follows: Beginning at the Southwest corner of Lot One (01), Brock Addition; thence S 89° 10' 10"W Four Hundred (400.00) feet along the North right-of-way line of Ridgeway Avenue as per Land Deed 569, Page 604 in the Black Hawk County Recorder's Office; thence N00°49'33"W Five Hundred (500.00) feet; thence N89°10'10"E Four Hundred (400.00) feet to the West line of aforesaid Lot One (01); thence S00°49'33"E Five Hundred (500.00) feet along said West line to the point of beginning containing 4.56 acres (200,000 square feet). Page 123 of 141 EARLY ACCESS AGREEMENT This Early Access Agreement (the "Agreement") is entered into as of August 2017, by and between the City of Waterloo, Iowa ("City"), and Kwik Trip Inc. (the "Company"). WHEREAS, City and Company are finalizing the conveyance of certain real property described on Exhibit "A" attached hereto (the "Property"), located in the Martin Road Development Area for purposes of Company undertaking a project under the terms of a development agreement; and WHEREAS, the parties desire that Company have access to the Property to begin earth- moving activities before the Property is conveyed to Company. NOW, THEREFORE, in consideration of the future transactions contemplated by the parties as described above, and in consideration of the mutual promises exchanged herein, the parties agree as follows: 1. City hereby grants to Company the right to enter upon the Property to begin development activities, including but not limited to earth moving. The term of this Agreement shall be from the date hereof until the date that City delivers a deed to Company for the Property. Company's right to conduct its activities upon the Property are expressly made subject to prior receipt of applicable zoning, building, and other regulatory approvals. Until City delivers a deed to Company, Company may not pour footings or foundations or otherwise begin any work of constructing improvements. 2. Company shall, at its own expense, procure and maintain comprehensive public liability insurance in the amount of not less than $1,000,000 per occurrence. Such insurance shall cover liability arising from the acts or omissions of Company, its employees, contractors and agents, and shall protect the City, its officers, officials, employees, and agents, against any and all claims, damages, costs or expenses (including but not limited to reasonable attorneys' fees and expenses) arising from or in connection with injury or death to any person or persons, or loss of or damage to property, by reason of any casualty, accident or other occurrence on or about the Property during the term of this Agreement. Certificates or copies of said policies, naming the City as an additional insured, shall be delivered to City before Company, its employees, contractors, or agents, enter upon the Property for any purpose. Page 124 of 141 3. Company agrees to be responsible for any liability which may arise out of the negligent acts or omissions or willful misconduct of Company, its employees, agents and contractors, on or about the Property, and in said connection Company agrees to indemnify and hold City, its officials, officers, employees and agents, harmless from and against any and all claims, demands, actions, causes of action, damages, costs, penalties, and liabilities of any type or nature whatsoever, including but not limited to reasonable attorneys' fees, whether sounding in law or equity, in tort or contract, arising out of said acts, omissions or misconduct. The duties of Company under this paragraph shall survive the expiration or termination of this Agreement. 4. If for any reason the contemplated sale and purchase of the Property between the parties is canceled or otherwise does not occur, then Company shall promptly remove from the Property all of its personal property and materials or debris that it has deposited on the Property during the term hereof and restore, as nearly as possible, the condition of the Property to that which existed upon Company's initial entry upon the Property hereunder, except as otherwise permitted by express written consent of City. 5. The rights and duties of Company under this Agreement may not be assigned without the prior written consent of City. This Agreement is the entire agreement of the parties concerning the subject matter hereof. It may not be modified or amended without the prior written consent of the parties. This Agreement is binding on the parties and the respective successors and assigns of each. This Agreement may be executed in one or more counterparts, each of which, including signed counterparts transmitted by facsimile or other electronic means, shall be deemed an original and all of which together shall constitute one instrument. IN WITNESS WHEREOF, the parties hereto have executed this Early Access Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA KWIK TRIP, INC. By: By: Quentin M. Hart, Mayor Attest: Kelley Felchle, City Clerk 2 Title: Page 125 of 141 EXHIBIT "A" That part of the Southeast Quarter (SE 1/4) of Section Thirty-two (32), Township Eighty-nine North (T89N), Range Thirteen West (R13W) of the Fifth Principal Meridian, Waterloo, Black Hawk County, Iowa, described as follows: Beginning at the Southwest corner of Lot One (01), Brock Addition; thence S89°10'10"W Four Hundred (400.00) feet along the North right-of-way line of Ridgeway Avenue as per Land Deed 569, Page 604 in the Black Hawk County Recorder's Office; thence N00°49'33"W Five Hundred (500.00) feet; thence N89°10'10"E Four Hundred (400.00) feet to the West line of aforesaid Lot One (01); thence S00°49'33"E Five Hundred (500.00) feet along said West line to the point of beginning containing 4.59 acres. Page 126 of 141 500 Year Floodplain Zoning: M-2, P Planned Industrial District o CITY OF WATERLOO Council Communication Leisure Services Commission Minutes of July 11, 2017. City Council Meeting: 8/21/2017 Prepared: REVIEWERS: Department Reviewer Action Date Leisure Services Huting, Paul Approved 8/15/2017 - 7:26 PM Clerk Office Higby, Nancy Approved 8/16/2017 - 9:42 AM ATTACHMENTS: Description Type D 7/11/17 Minutes Backup Material SUBJECT: Leisure Services Commission Minutes of July 11, 2017. Submitted by: Submitted By: Page 128 of 141 MINUTES WATERLOO LEISURE SERVICES COMMISSION TUESDAY, July 11, 2017 Leisure Services Office 1101 Campbell Avenue Megan Hannam called the meeting to order at 7:30am. Present: Marvin Spencer, Megan Hannam, Nancy Bamsey, Brenda Durbahn, Sharon Samec, and Brenton Shavers. Staff: Paul Huting, Todd Derifield, Chris Dolan, JB Bolger, Travis Nichols, Bill Bachman, Mark Gallagher and Council Liaison Jerome Amos Absent: Don Huff and Council Liaison Steve Schmitt. Also present: Councilman Pat Morrissey and Don Shoultz. Megan Hannam called for approval of the agenda. Motion to approve agenda by Sharon Samec, second by Nancy Bamsey Ayes: All. Nays: None Don Shoultz and Pat Morrissey were in attendance to offer suggestions for promoting the golf courses. JB Bolger presented examples of what has been done in the past. Mr. Shoultz and Mr. Morrissey asked to be included in any future meetings to discuss "stay and play" golf packages. Megan Hannam called for approval of the 06/13/2017 meeting minutes. Motion by Nancy Bamsey second by Sharon Samec to approve the minutes. Ayes: All. Nays: None Megan Hannam called for approval of the bills. Questions were answered. Motion by Nancy Bamsey, second by Sharon Samec to approve the bills. Ayes: AIL Nays: None No committee meetings were held. Paul Huting explained a potential McElroy Trust grant opportunity to fund a conceptual plan for Lincoln Park Improvements. A letter of application has been sent requesting a $10,000 grant to hire a landscape architect to utilize stakeholder input meetings to develop a plan for future improvements. Paul Huting and Mark Gallagher showed a video and explained an opportunity to apply for $100,000 from the Otto Shoitz Foundation for construction of a new outdoor fitness court near the SportsPlex. $10,000 would be provided by the National Fitness Campaign. Motion by Sharon Samec, second by Nancy Bamsey to endorse the outdoor fitness court project. Ayes: Ail. Nays: None. STAFF UPDATES Young Arena — Chris Dolan The Black Hawks have not gotten back on plans to add sky boxes in the cold zone. Preventative ice maintenance is going on, ice painting will start next week. The Black Hawks have many camps starting soon. Page 129 of 141 Construction — Travis Nichols Crews are running garbage routes. The safety surface at Highland Park has been installed and the playground equipment is open. We still need to do landscaping. Working on the soft trail repairs at Getty Lake. Installed foul poles at adult softball complex. Fencing was removed at Summit ballpark. Fund raising event for the skate park was held. They raised approximately $1,200. The board endorsed the filing of a REAP Grant for improvements at Castle Bluff Park, that will include parking lot improvements, signage, access to the bike trail system. Forestry — Todd Derifield More storms have occurred, we continue with clean up, causing delay in ash removals. Continue with the mowing. Golf and Downtown Area — JB Bolger Waterloo Open will be held July 20 through 23. Working on getting the courses ready. Still have algae problems at the courses. Trees have been planted in the downtown area. Mark's Park Splash Pad is heavily used. Looking at replacement of the pad. Sports and SportsPlex — Mark Gallagher SportsPlex pool was shut down for cleaning and painting. Still have problems with water heater. End of season baseball softball tournaments will be held this weekend. Meeting with user groups to set schedules to get most out of rental time. The next regular Leisure Services Commission Meeting will be held Tuesday, August 8, 2017 at the 1101 Campbell office. Megan Hannam asked for motion to adjourn. Motion by Nancy Bamsey to adjourn, second by Martin Spencer. Adjourned at 8:50 am. Nancy Bartsey, Secretary Sign d this Date Page 130 of 141 CITY OF WATERLOO Council Communication Planning & Zoning Minutes of July 11, 2017. City Council Meeting: 8/21/2017 Prepared: REVIEWERS: Department Reviewer Action Date Planning & Zoning Schroeder, Aric Approved 8/16/2017 - 10:21 AM Clerk Office Higby, Nancy Approved 8/16/2017 - 10:55 AM ATTACHMENTS: Description Type D P & Z minutes of 7/11/17 Cover Memo SUBJECT: Planning & Zoning Minutes of July 11, 2017. Submitted by: Submitted By: Page 131 of 141 MINUTES CITY OF WATERLOO, IOWA PLANNING, PROGRAMMING AND ZONING COMMISSION REGULAR MEETING - 4:00 P.M. July 11, 2017 The regular meeting of the Waterloo Planning, Programming, and Zoning Commission was called to order by Chairperson Holdiman at 4:00 p.m. in the Harold E. Getty Council Chambers at Waterloo City Hall. Members present were: Castle, Donat, Gustafson, Hall (arrived at 4:05pm), Holdiman, Buttgen, Tyson and Miehe (left at 5:05pm). Members absent were: Flynn. Others present: Jerome Amos and Tom Powers — City Council Representatives, Noel Anderson, Aric Schroeder, Chris Western, Adrienne Miller, John Dornoff and Seth Hyberger - Planning Department, Eric Thorson — Engineering, and eleven citizens. I.Approval of the Agenda It was moved by Donat, seconded by Miehe to approve the agenda as submitted Motion carried unanimously. 11. Approval of the Minutes from the Regular Meeting on June 6, 2017. It was moved by Gustafson, seconded by Buttgen to approve the minutes as submitted Motion carried unanimously. III. Financial Report: May 2017 Anderson noted that the report appears to be in line for this time of the year. Donat commented that the font used for this report works better for him. The financial report was received and placed on file. IV.Oral Presentations There were no oral presentations. A. Hearings — Site Plan Amendments 1. Request by Cardinal Construction for a site plan amendment to the "R -4,R -P" Planned Multiple Residence District and "B -P" Business Park District to designate lot uses within County Club Business Center Addition, located at the southeast corner of Ansborough Avenue and West San Marnan Drive. It was moved by Donat and seconded by Gustafson to receive and place on file the statement of verification at 4:04 p.m. Motion carried unanimously and Holdiman declared the hearing open. Miller read the staff report that recommended approval. Donat asked if the concerns of traffic department have been address and Miller noted that as stated in the staff report that they received a response from the applicant that the office and medical should not have any significant impact on traffic impacts however when the restaurant is constructed it will have to be looked at again. Page 132 of 141 Planning and Zoning Commission July 11, 2017 Jon Mixdorf from Cardinal Construction requested that the building designated as restaurant be changed to be office/medical. It was moved by Buttgen, seconded by Hall to close the Public Hearing. Motion carried unanimously. The public hearing was closed at 4:09 p.m. It was moved by Donat, seconded by Buttgen to approve the site plan amendment request as amended replacing the word restaurant with office/medical, with the condition that the final site plan meets all applicable city codes, including, but not limited to parking, landscaping, drainage, etc., except as specifically altered by approval of the site plan amendment. Motion carried 7-0 with Miehe abstaining. 2. Request by AMS Energy Ventures, Inc for a site plan amendment to the "S-1" Shopping Center District to allow for the construction of a retail gas station with an above ground tank, located adjacent to 2060 Crossroads Boulevard. It was moved by Gustafson and seconded by Miehe to receive and place on file the statement of verification at 4:10 p.m. Motion carried unanimously and Holdiman declared the hearing open. Hyberger passed out additional drawings that were received by the applicant. Hyberger read the staff report which recommended approval subject to the conditions that the final site plan meet all applicable city codes including but not limited to pedestrian interconnectivity, drainage, etc, except as specially altered by approval of the major site plan amendment and that the exterior design of the facility is modified to make the facility more aesthetically pleasing and more compatible with surrounding development. Donat asked if there was concerns about having above ground tank with explosions or other problems that could go wrong, if the concerns of neighboring properties owners have been addressed and if the concerns from engineering about curb cuts being closed off been addressed. Hyberger stated that the applicant would be flexible when it comes to concerns of the curb cuts and that the design is safe, that with the new site staff has not received any negative feedback about the project, and that as mentioned last month the tank is considered safe. Anderson noted that Chris Ferguson from the Fire Department was at Tech Review and did not have any concerns. Donat asked if they have signed off and Anderson indicated they had not but that would come when we get the final design. Buttgen said she had concerns including the lack of need with new Kwik Star going in and another gas station on La Porte Road that it does not fit into the character of what is surrounding it, and the fact that the tank is built in Beijing. Hall asked how they are supposed to move past the fact that the staff reports says it may have a negative impact on the neighborhood but staff is recommending approval considering that amount of commerce that takes place in that area. Schroeder said that it could have a negative impact due to design but recommending approval based on the condition of design changes. Have not had input from applicant on what can be done to make it look less like a storage container and more like a building. Castle questioned about restrooms and Schroeder noted that the building department requires a designated restroom. Buttgen noted that it was designated as the Sears Auto Center which is now closed and what happens if it is torn down. Schroeder stated that they will have a key to the former Sears and should that be torn down they would have to designate an alternative site most likely in the main mall. Ethan Henderson representing AMS Energy and Ufuel the tank manufacturer noted that the tank is UL2085 listed tank that is tested that is explosion, penetration, and fire proof. He also noted that they have multiple manufacturing plants around the world including Illinois and Pittsburgh. The need is not -2- Page 133 of 141 Planning and Zoning Commission July 11, 2017 just for a gas station but as a way to help the mall and bring people back to the mall. There will be incentives for people to shop and the mall and purchase gas. Gustafson said that she would like to see something like potted scrubs that will soften the appearance building. Henderson said that he is open to recommendations; he just doesn't want to put up a fence due to appearance but does have the option to put a wrap on the building to promote the mall and improve the appearance of the station. Henderson also noted that he had contacted all three lodging facilities that face Crossroads and offered them the packet that was handed out and specifically talked to the Fairfield by Marriott. John Harshbarger representing Crossroads mall spoke in support of the project as he is looking to have a successful mall and considering the "retail apocalypse" that is taking place at the present time malls are looking for new ways to bring people into the mall. Any incentives that help the mall are a good thing including for sales tax dollars. Hall asked if he had concerns about the aesthetics and Harshbarger said no. Castle stated that last month there were concerns that it looked like it was just being plopped down in the parking lot and they were looking for something that looked more permanent, that it was truly part of the area. Hall stated that he would vote for it this time but would disagree and say that aesthetics do matter. Crossroads currently appears to be a hodge-podge of an area and it is an important spot that sees a lot of visitors so it needs to look its best. Hall is still not in love with the idea but appreciates what they applicant has done to improve the site. It was moved by Gustafson, seconded by Hall to close the Public Hearing. Motion carried unanimously. The public hearing was closed at 4: 55p. m. It was moved by Tyson, seconded by Miehe approve the site plan amendment request, with the conditions outlined in the staff report. Motion passed 7-1 with Donat voting against. B. Plats 1. Request by the City of Waterloo for the preliminary and final plat of Brock Second Addition, a one lot industrial subdivision, located directly west of 2010 West Ridgeway Avenue. Miller gave the staff report recommending approval of the plat with the conditions that the primary and final plat is updated before it is forwarded to the City Council, and that a certificate of survey is submitted. Donat asked about the drainage plan and Miller responded that that comes with the building permit. Buttgen said she had concerns about traffic conditions especially since her church is now located across the street. Wade Dumond from Kwik Trip noted that at the start they will only have 4 of the proposed 8 tanks and that truck traffic would not be the 20 trucks per day but should be about 1 truck every two hours. Donat asked if safety concerns had been addressed. Dumond noted that they will meet all state and federal standards and are working with the fire department to ensure safety. It was moved by Hall, seconded by Gustafson to approve the preliminary and final plat of Brock Second Addition with the conditions noted in the staff report. Motion carried unanimously. C. Special Permits -3 Page 134 of 141 Planning and Zoning Commission July 11, 2017 1. Request by the Waterloo Police Department for a special permit to construct a 70'x 112' (7,840 SF) storage building and another future storage building of the same size, within an "A-1" Agricultural District, located at 1925 Newell Street. Western gave staff report recommending approval with the condition that the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, screening, drainage, etc., except as approved by the Board of Adjustments. It was moved by Hall, seconded by Donat to approve the special permit with the conditions noted in the staff report Motion carried unanimously. 2. Request by Yoder Construction of NE Iowa, LLC for a special permit to construct a 90'x 120' (10,800 SF) mini -storage building, within a "C-2" Commercial District, located at 1106 Hartman Avenue. Dornoff gave the staff report with the condition that the final site plan meets all applicable city codes, regulations, etc. including but not limited to, parking, landscaping, screening, drainage, etc., except as approved by the Board of Adjustments. Donat asked what the negative impacts that this could have on the neighborhood to which Dornoff answered that it is a commercial building going up across the street from residences but noted that it is area zoned commercial and the new building will replace a less desirable building so you have to balance what is best overall for the area considering it area needs economic stimulus. Donat questioned about the applicant not being cooperative on changing their building to which Western responded that it was not that the applicant was not being cooperative but it would require a complete redesign of the building. Hall asked why it would difficult to screen to which Western responded that it was due to the water retention needs. Hall asked if they would have an access off Wilbur and they currently have an access off that street. It was moved by Gustafson, seconded by Donat to approve the special permit with the conditions noted in the staff report Motion carried 6-1 with Hall voting against 3. Request by Murgic Construction on the behalf of the Masjid Al Noor Islamic Community Center for a special permit to construct a 35'x 42' (1,470 SF) mortuary building, within a "C-2" Commercial District, located at 2110 Sager Avenue. Hyberger gave the staff report recommending approval with the conditions that 1) the site plan meets all applicable city codes, regulations, etc., including but not limited to buffers, parking, drainage, landscaping, etc., except as approved by variance 2) Approval of a 5 -year temporary variance to the Islamic Center's parking deficiency which allows for 60 stalls, 30 less than the 90 required by ordinance and 3) an updated drainage plan that includes drainage changes to the site with the addition of the Islamic Mortuary. Donat asked if this was similar to the funeral home and Hyberger responded that it is not as it will not have a visitor's center, viewing rooms, etc as those functions will take place in the Islamic Center, this will just be for taking care of the deceased body. Donat also asked if cremations were going to take place and Gustafson answered that Islamic law does not allow for cremations. Castle asked if they same materials will be used that were used on Islamic Center to blend it in to which the applicant Suad Murgic stated that it would depend on the amount of donations they receive to build the mortuary but they will do their best to blend it in. Hall asked what kind of siding will be used to which Murgic answered it would be vinyl. Hall also complimented the applicant for going above and beyond by including screening trees that would not otherwise been required. It was moved by Castle, seconded by Hall to approve the special permit with the conditions noted in the staff report Motion carried unanimously. -4 Page 135 of 141 Planning and Zoning Commission July 11, 2017 D. Vacates 1. Request Dwayne Eilers to vacate a portion of a platted public alley in Block 14 of Hayes Addition, located adjacent to 2014 Black Hawk Street. Western gave the staff report recommending approval. Holdiman asked if the alley was actually there and Western answered that it was but it is a dead end alley. Duane Eilers the applicant said that they have been using the alley for years and it serves no other purpose. It was moved by Tyson, seconded by Buttgen to approve the vacate of the alley. Motion carried unanimously. E. Plans and Studies 1. Re -adoption of the City Limits Urban Revitalization Area (CLURA). Miller gave the staff report discussing the history of the CLURA. Hall asked if there was a program for reinvestment in existing housing stock and Miller stated there is the CURA that is limited to certain areas and the CLURA covers beyond those boundaries. Hall stated that he felt that the CURA should be expanded and that it was important that we reinvest into our existing neighborhoods. Kevin Fittro and John Rooff developers and members of the GROW committee that recommended the CLURA program so about the importance of keeping families here in Waterloo by bringing more new developments back into the city that have been going to Cedar Falls instead. Hall asked that when the tax abatement goes off after 3 years are we seeing an increase in Foreclosures due to people biting off more than they can chew in housing cost. Anderson and Rooff both noted that we had not seen that issue. Holdiman noted that once these properties go on the tax rolls and creates a new tax base it decreases the amount of taxes everyone has to pay. Hall said that he is glad to see that they are looking into reinvestment in existing properties so that we can reduce the amount of 657a properties the city has to take care of. Gustafson asked if there was still first time homebuyers programs available to which Anderson responded yes and there will be a workshop upcoming about those types of programs. It was moved by Donat, seconded by Tyson to recommend the extension of the CLURA for 5 years. Motion passed unanimously. V. Discussion Holdiman noted that it was Carol Gustafson's last meeting. Anderson noted that the Hobby Farm ordinance was remanded back to the commission for reevaluation. Buttgen asked if there could be a meeting about the Hobby Farm ordinance and Anderson suggested having a special meeting. Gustafson suggested that staff take a look at Cedar Rapid's ordinance. Donat reminded the council about Ex -Parte communication so that the commission does not violate Iowa Open meeting laws. -5- Page 136 of 141 Planning and Zoning Commission July 11, 2017 VI. Adjournment It was moved by Buttgen, seconded by Donat, to adjourn the meeting at 5:45p. m. Motion carried unanimously. Respectfully submitted, John Dornoff, Planner I -6 Page 137 of 141 CITY OF WATERLOO Council Communication Communication from the Waterloo Police Department on the notice of the conclusion of employment for Thomas N. Sullivan, Police Officer, effective August 7, 2017 with recommendation of approval of payout of $23, 414.91 for unused benefits. City Council Meeting: 8/21/2017 Prepared: REVIEWERS: Department Reviewer Action Date Human Resources Higby, Nancy Approved 8/16/2017 - 9:42 AM ATTACHMENTS: Description Type D Thomas Sullivan Payout Cover Memo SUBJECT: Communication from the Waterloo Police Department on the notice of the conclusion of employment for Thomas N. Sullivan, Police Officer, effective August 7, 2017 with recommendation of approval of payout of $23, 414.91 for unused benefits. Submitted by: Submitted By: Page 138 of 141 CITY OF WATERLOO, IOWA To: City Council Members Re: Notice of Severance CITY HALL 715 MULBERRY STREET 50703 Department POLICE Today's Date: 8/11/2017 Effective Date: 8/7/2017 Employment Date: 7/12/1999 Job Title/Classification Police Officer This is to report that the employment of Thomas N. Sullivan with the City of Waterloo has been severed by reason of: ❑ Retired � Disability Related r 1 No E'Yes ❑ Resigned ❑ Termination E Other In accordance with City Policy, it is requested to allow payment which consists of the following: Benefits Total Hours (x) Hourly Rate Total Payout Vacation Accrued 153.60 $33.66 $ 5,170.18 Vacation -Current 204.00 $33.66 $ 6,866.64 Usable Sick Leave 0.00 $33.66 (x) 25% $ - Frozen Sick Leave 0.00 $33.66 (x) _% $ - Personal Hours 0.00 $33.66 $ - Sick Time Pay 0.00 $33.66 $ - Unscheduled Leave 43.00 $33,66 $ (1.447.38) Comp Pay 381.03 $33.66 $ 12, 825.47 Total Payment $23,414.91 Comments: Officer Sullivan had 13 hours of Unscheduled time left but had not earned 56 of these hours (96-56=40) He only earned 40 hrs but used 83 hrs leaving him a negative balance of 43 Hrs. to repay Approved by Human Resources( Routing: Original to Human Resources by Department Human Resources will forward original to City Clerk (Copy in Personnel File) Clerk's Office will forward approved form to Department Council Agenda Date: ❑ AS/400 Status/Accruals ❑ 1-9 Date r Date Page 139 of 141 CITY OF WATERLOO Council Communication Communication from the Waterloo Engineering Department on the notice of the conclusion of employment for Phillip Schuppert, Storm Water Specialist, effective August 4, 2017 with recommendation of approval of payout of $4,826.44 for unused benefits. City Council Meeting: 8/21/2017 Prepared: REVIEWERS: Department Reviewer Action Date Human Resources Higby, Nancy Approved 8/16/2017 - 9:42 AM ATTACHMENTS: Description SUBJECT: Type Communication from the Waterloo Engineering Department on the notice of the conclusion of employment for Phillip Schuppert, Storm Water Specialist, effective August 4, 2017 with recommendation of approval of payout of $4,826.44 for unused benefits. Submitted by: Submitted By: Page 140 of 141 CITY OF WATERLOO, IOWA CITY HALL 715 MULBERRY STREET 50703 Today's Date: 8/7/2017 Effective Date: 8/4/2017 Employment Date: 8/1/2011 To: City Council Members Re: Notice of Severance Department Engineering Job Title/Classification Storni Water Specialist This is to report that the employment of Phillip Schuppert with the City of Waterloo has been severed by reason of: ❑ Retired Disability Related ❑ No 0 Yes El Resigned ❑ Termination 0 Other In accordance with City Policy, it is requested to allow payment which consists of the following: Comments: Benefits Total Hours (x) Hourly Rate Total Payout Vacation -Accrued 70.8 $ 30.83 $2,182,76 Vacation -Current 52.95 $ 30.83 $1,632.45 Usable Sick Leave 2.2 $ 30.83 25% $16.96 [Frozen Sick Leave Personal Hours 32 $ 30.83 $ 986.56 Comp Time Pay 0.25 $ 30,83 $ 7.71 Unscheduled Leave Birthday $ 4,826.44 0, Approved by Human Resourc Routing: Original to Human Resources by Department Human Resources will forward original to City Clerk (Copy in Personnel File) Clerk's Office will forward copy of approved form to Department and Human Resources Council Agenda Date: ❑ Accruals ❑Status ❑-9 Date 8161/7 r/ Date Updated 6128/11 Page 141 of 141