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HomeMy WebLinkAboutCouncil Packet - 10/16/2017THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTY COUNCIL CHAMBERS Monday, October 16, 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 169 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Mayor Quentin Hart Agenda, as proposed or amended. Minutes of October 9, 2017, Regular Session, as proposed. Proclamation declaring October 15-21, 2017 as Character Counts Week. Presentation of award to City of Waterloo as Iowa's first Bird Friendly City by Bird Friendly Iowa Steering Committee. 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 from John Poots for a waiver for a concrete driveway located at 1327 Holstein Place and authorizing the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Submitted By: Eric Thorson, PE, City Engineer B. Motion to approve the following: 1. TRAVEL REQUESTS a. Sam Hess and Ian Wass, Paramedic/Firefighter Class/Meeting: Tri-State Emergency Responder Conference Destination: Dubuque, IA Dates: October 20, 2017 Amount not to exceed: $248 b. Jason Hernandez, Fire Department Page 2 of 169 Class/Meeting: Iowa EMS Association Conference Destination: Des Moines, IA Dates: November 9-11, Amount not to exceed: $625 2017 c. Tina Schellhorn, Electrical Foreman; Craig Hintzman, Signal Technician II; Brandon Hodgin, Signal Technician I Class/Meeting: EPAC Basic Training Class Destination: Davenport, IA Dates: November 2-3, Amount not to exceed: $495 2017 2. LIQUOR LICENSES a. Hurricane Grill & Wings, 2027 Crossroads Blvd. Class: C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 9/30/2018 b. Karma Bar, 309 W. 4th Street Class: C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 10/14/2018 c. Petersen & Tietz Florists & Greenhouses, 2275 Independence Avenue Class: B Native Wine Renewal Application Includes Sunday Expiration Date: 10/8/2018 d. West Side Liquor, 919 W. 5th Street Class: B Wine / C Beer / E Liquor Renewal Application Includes Sunday Expiration Date: 9/2/2018 PUBLIC HEARINGS 2. Lease agreement with Holly Porter for property located west of 903 Riverside Drive for $1.00 for a term ending December 31, 2027. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution approving a lease agreement with Holly Porter for property located west of 903 Riverside Drive for $1.00 for a term ending December 31, 2027, and authorizing Mayor and City Clerk to execute said documents. Submitted By: Aric Schroeder, City Planner 3. Recycling processing facility to support the City of Waterloo's curbside recycling program. 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. Page 3 of 169 Resolution confirming approval of specifications, form of contract, etc. Resolution authorizing to proceed. Motion to postpone reading of bids for one week to allow further review by Interim Public Works Director. Submitted By: Sandie Greco, Interim Public Works Director 4. FY 2018 Sink Creek Channel Cleanout and Shaping, Contract 924 Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive and file and instruct City Clerk to read bids. Resolution approving award of bid to Lodge Construction, Inc., of Clarksville, Iowa in the amount of $100,979, and approving the contract, bonds and Certificate of Insurance for the FY 2018 Sink Creek Channel Cleanout and Shaping, Contract No. 924, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Wayne Castle, PLS, PE, Associate Engineer 5. Request by the Islamic Foundation of Iowa, Inc. to rezone approximately 8.25 acres from "M -2,P" Planned Industrial District to "B -P" Business Park District, located west of 2010 W. Ridgeway Avenue. 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 west of 2010 W. Ridgeway Avenue. 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 6. Project Addendum to Agreement for Residential Housing Construction with Hawkeye Community College, authorizing the sale and conveyance of Lots 12 and 13 in Block 1 of Manson's Second Addition to Hawkeye Community College. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution approving the Project Addendum to Agreement for Residential Housing Construction, and authorize the Mayor and City Clerk to execute said document. Resolution authorizing the sale and conveyance of certain tracts of land, known as lots 12 & 13 in Block 1 of Manson's Second Addition in accordance with a Project Addendum to the Agreement for Residential Housing Construction with Hawkeye Community College, and authorizing the Mayor and City Clerk to execute necessary documents. Submitted By: Noel Anderson, Community Planning & Development Director 7. Asbestos abatement services for 222 Walnut Street. Page 4 of 169 Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive and file and instruct the City Clerk to read bids. Resolution awarding asbestos abatement services bid to Advanced Environmental of Waterloo, Iowa in the amount of $3,400 for asbestos removal services at 222 Walnut Street, and approving the contract, bonds, and certificate of insurance, and instruct the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson -Community Planning and Development Director RESOLUTIONS 8. Resolution approving a permanent easement agreement with Kwik Trip, Inc. for the purpose of allowing a storm sewer easement on City property located west of 2010 W. Ridgeway Avenue, and authorize the Mayor and City Clerk to execute said agreement. Submitted By: Noel Anderson, Community Planning and Development Director 9. Resolution approving the naming of a private street located north of 1027 E. 4th Street, as "Roby Lane" and rescinding Resolution No. 2017-210, for the naming of a private street serving 1027 E. 4th Street as "Roby Lane", due to an error in the description. Submitted By: Aric Schroeder, City Planner 10. Resolution approving award of hotel/motel tax council discretionary funds to Leisure Services for an event shuttle in the amount of $11,200. Submitted By: Michelle Weidner, Chief Financial Officer 11. Resolution approving Professional Service Agreement with AECOM Technical Services of Waterloo, Iowa in an amount not to exceed $33,000 for WWTP Final Clarifier Dewatering well evaluation and design services, and authorize Mayor and City Clerk to execute said documents. Submitted By: Steven Hoambrecker, Director, Waste Management Services 12. Resolution approving Notice of Intent for NPDES coverage under general permit to the Iowa Department of Natural Resources for FY 2018 Sink Creek Channel Cleanout and Shaping, Contract No. 924, and authorize Mayor to execute said document. Submitted By: Wayne Castle, PLS, PE Associate Engineer 13. Resolution terminating the parking easement agreement with U.S. Bank National Association dated March 2, 2009 filed as Doc. No. 2009-16447 for property located west of 425 Cedar Street, and authorize the Mayor and City Clerk to execute all necessary documents. Submitted By: Noel Anderson, Community Planning and Development Director 14. Resolution approving an Encroachment Agreement with FDP WTC, LLC to allow for a monument sign to encroach into the public right-of-way of Westfield Avenue as part of the Courtyard by Marriott at Tech Works Project at 250 Westfield Avenue. Submitted By: Noel Anderson, Community Planning and Development Director Page 5 of 169 ORDINANCES 15. An Ordinance amending the 2008 Traffic Code by rescinding Section 543 - Thru Streets - and deleting in its entirety (6) Ansborough Avenue and inserting a new subsection (6) Ansborough Avenue. Motion to receive, file, consider and pass for the third time and adopt an Ordinance amending the 2008 Traffic Code by rescinding Section 543 - Thru Streets - and deleting in its entirety subsection (6) Ansborough Avenue and inserting a new subsection (6) Ansborough Avenue. Submitted By: Sandie Greco, Interim Public Works Director 16. An Ordinance amending the 2008 Traffic Code by amending Section 544 - All - Way Stop Intersections by adding Subsection (36) Shaulis Road and Ansborough Avenue. Motion to receive, file, consider and pass for the first time an Ordinance amending the 2008 Traffic Code by amending Section 544 - All -Way Stop Intersections by adding Subsection (36) Shaulis Road and Ansborough Avenue. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted By: Sandie Greco, Interim Public Works Director OTHER COUNCIL BUSINESS 17. Appeal of Main Street Design Board's decision by American Legion Post #138 for replacement of roof, located at 728 Commercial Street. Submitted By: Kelley Felchle, City Clerk EXECUTIVE SESSION Motion to adjourn to Executive Session 18. Discussion of the purchase of property pursuant to Iowa Code Section 21.5(1)(j) (2017). Motion to adjourn Executive Session ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk MEETINGS 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 Page 6 of 169 1. Planning & Zoning Minutes from the Regular Meeting on August 1, 2017 and August 1, 2017 Special Meeting. Page 7 of 169 CITY OF WATERLOO Council Communication Minutes of October 9, 2017, Regular Session, as proposed. City Council Meeting: 10/16/2017 Prepared: REVIEWERS: Department Reviewer Action Date Clerk Office Even, LeAnn Approved 10/11/2017 - 4:25 PM ATTACHMENTS: Description Type D Minutes October 9, 2017 Backup Material Submitted by: Submitted By: Page 8 of 169 October 9, 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, October 9, 2017. Mayor Quentin Hart in the Chair. Roll Call: Jacobs, Morrissey, Powers, Lind, Amos, Schmitt, and Welper. Prayer or Moment of Silence. Pledge of Allegiance: Chris Youngblut, MIS Director. 146065- Welper/Powers that the Agenda, as proposed, for the Regular Session on Monday, October 9, 2017, be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 146066 - Welper/Powers that the Minutes, as proposed, for the Regular Session on Monday, October 2, 2017, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried Mayor Hart read a Proclamation declaring October 8-14 2017 as Fire Prevention Week. Mayor Hart read a Proclamation declaring October 2017 as International Mentors in Violence Prevention Month. Mayor Hart performed the swearing in of new Police Officers Charles Nichols & Jeremy Berryman. ORAL PRESENTATIONS Charles Pearson, 1750 Flower Street, commented on the African American Civil Rights Grant and explained purpose of the grant application. Jerry Shatzer, 1829 W. 7th Street, questioned implementing ticketing for various traffic violations, parking lot designs, employee residency requirements and whether the refurbishments at the KWWL building came from taxpayer dollars. Noel Anderson, Community Planning and Development Director, explained that the local incentives for repairs to the KWWL building came from the Logan Bond and TIF district revenues and that KWWL spent over $10 million of their own funds for the project. Gerald Smith, 122 Presley Circle, questioned the policy and procedures for repairing potholes. Sandi Greco, Interim Public Works Director, explained cold patch material is used in the winter to temporarily repair potholes until they can be repaired during the warmer months with a more permanent product and method. Mayor Hart suggested Mr. Smith provide the Street Department with his address so they could address his concerns regarding potholes. Jeff Freshwater, 18669 Grundy Road, Hudson, commented on the proceedings of the October 2, 2017 City Council meeting with regards to the Ansborough & Shaulis traffic study presented by Mohammad Elahi, Traffic Operations. David Dreyer, 3145 W. 4t' Street, questioned his requests for a bicycle licensing program, training for bicyclists and if a bicyclist has ever been issued a citation by the police? Mr. Dreyer questioned the actual population of Waterloo, citing several sources with different numbers including the City website. Dan Trelka, Chief of Police, stated he would provide the information regarding bicycle citations and that some tickets have been issued. Mayor Hart explained the population number of 71,000 was obtained from the Greater Cedar Valley Alliance and Chamber based on algorithms and projections for the next census obtained from the University of Northern Iowa. Page 9 of 169 October 9, 2017 Page 2 Sam Neil, 514 Kingbard Boulevard, questioned time line for completing construction, quality and general design on Fletcher Avenue and Kingbard Boulevard. Dennis Gents, Assistant City Engineer, updated the Council on the construction for Kingbard, Fletcher, Sunset and 4t' Streets. Mr. Morrissey recognized a young person who had found and returned his cell phone. 146067 - Welper/Schmitt that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 146068 - Welper/Amos that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Finance Committee Invoice Summary Report, dated October 9, 2017, in the amount of $2,260,110.72, 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- 822. 2. Resolution approving the request of Toyia T. Ambrose for tax exemptions on the construction of basement improvements, furnace, and siding at $45,000 for a property located at 905 Bishop Avenue and located within the Consolidated Urban Revitalization Area (CURA). Resolution adopted and upon approval by Mayor assigned No. 2017- 823. 3. Resolution approving the request of Huyen T. Mai for tax exemptions on the construction of a new single family home valued at $180,475 for property located at 4115 Mockingbird Lane, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2017- 824. 4. Resolution approving the request of Scott Mangin for tax exemptions on the construction of a new single family home valued at $299,672 for property located at 1237 Partridge Lane, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2017- 825. 5. Resolution approving the request of Zachary Bertram for tax exemptions on the construction of a new single family home valued at $204,581 for property located at 1424 Hummingbird Circle, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2017- 826. 6. Resolution approving the request of Dawn Colbert and Peter Buenting for tax exemptions on the construction of a new single family home valued at $240,000 for property located at 422 Norris Court, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2017- 827. 7. Resolution approving the request of Jason Welsh for tax exemptions on the construction of a new single family home valued at $210,000 for property located at 196 Belle Street, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2017- 828. Page 10 of 169 October 9, 2017 Page 3 1. 2. 8. Request from Yesenia Carrillo for a waiver for a concrete driveway located at 119 Marsh Street and authorizing the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Resolution adopted and upon approval by Mayor assigned No. 2017- 829. 9. Resolution approving preliminary plans, specifications, form of contract, etc., setting a date of bid opening as November 2, 2017 and date of public hearing as November 6, 2017 for the FY 2018 Levee Tree Clearing Cedar River, Contract No. 938, and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2017- 830. 10. Resolution approving the proposed specifications, bid document, contract, etc. for the rental of four (4) motor graders to support snow removal operations and setting a date of bid opening as October 19, 2017 and date of public hearing as October 23, 2017, and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2017- 831. 11. Request of Racio Abarca for variance to Noise Ordinance on October 14, 2017 from 3:00 p.m. to 10:00 p.m. in conjunction with Father's Birthday Celebration, to be held at 1415 Hawthorne Avenue, together with recommendation of approval of Captain of Police Services Resolution adopted and upon approval by Mayor assigned No. 2017- 832. b. Motion to approve the following: a. b. a. b. c. d. e. f. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Mayor Quentin Hart Cedar Valley Coalition Washington, D.C. April 22-25, 2018 $2,360 Captain Mohlis 2017 Homeland Security Conference Ankeny, IA October 16 - 17, 2017 $410 Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Casey's Pub, 410-4018 University Avenue C Liquor w/ Outdoor Service Renewal 9/30/2018 X Damon's Sports Bar and Grill, 2122 Kimball Avenue C Liquor Renewal 10/4/2018 X Jameson's Public House, 310 E. 4t' Street C Liquor w/ Outdoor Service/Catering Renewal 11/2/2018 X Knights of Pythias- Furgerson Lodge #5, 244 Ash Street C Liquor w/Outdoor Service Renewal 9/16/2018 X Waterloo Black Hawks Hockey, LLC, 125 Commercial Street, Suite A C Liquor/Adding Outdoor Service New Application 12/15/2017 Independence Ave Liquor & Food, 1761 Independence Avenue B Wine / C Beer / E Liquor/Same Owner's New Corporation New Application 9/30/2018 X 3. Recommendation of appointment of Scot Reuter, from the Civil Service list, to the position of Plant Maintenance Mechanic, at the Waste Management Services Department, effective October 16, 2017. Page 11 of 169 October 9, 2017 Page 4 4. Motion to approve Cigarette/Tobacco/Nicotine/Vapor Permit Application for Logan Convenience Store, 735 Logan Avenue. 5. Motion to approve Cigarette/Tobacco/Nicotine/Vapor Permit Application for Dynamic Smoke Shop, 2166 Lafayette Street. 6. Bonds. Roll call vote -Ayes: Seven. Motion carried. Mr. Schmitt noted for the 10th year in a row he would be voting to spend the tax payer's money to send the Mayor to Washington D.C. with the Cedar Valley Alliance. PUBLIC HEARINGS 146069 - Schmitt/Powers that proof of publication of notice of public hearing on the request by Cardinal Construction, Inc. for a Site Plan Amendment to the "M -2,P" Planned Industrial District, to allow for the construction of an 22,990 square foot warehouse/office building, a 25 -stall parking lot, and a 4,000 square foot maintenance building located north of 1318 Martin Road, as published in the Waterloo Courier on September 29, 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. 146070 - Schmitt/Powers that the hearing be closed and recommendation of approval of the Planning, Programming and Zoning Commission, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 146071 - Schmitt/Powers that "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 Site Plan Amendment on certain property located north of 1318 Martin Road", be received, placed on file, considered and passed for the first time. Roll -call vote -Ayes: Seven. Motion carried. 146072 - Schmitt/Powers that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll -call vote -Ayes: Seven. Motion carried. Noel Anderson, Community Planning and Development Director, explained passing the ordinance would move the project forward allowing the contractor to start moving dirt on the site. 146073 - Schmitt/Powers that "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 Site Plan Amendment on certain property located north of 1318 Martin Road", 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 Ordinance No. 5421. 146074 - Welper/Morrissey that proof of publication of notice of public hearing on the 2017 Tree Removal Project, as published in the Waterloo Courier on September 25, 2017, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. Page 12 of 169 October 9, 2017 Page 5 This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 146075 - Welper/Morrissey that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 146076 - Welper/Morrissey 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. 2017-833. 146077 - Welper/Morrissey that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-834. 146078 - Welper/Morrissey Motion to receive and file and instruct City Clerk to read bids. Estimate: $35,000 Bidder Bid Security Bid Amount Wilson Tree Service, Cresco, Iowa 5% $28,998.50 Twin City Tree Service, LLC, Waterloo, Iowa 5% $39,400.00 Voice vote -Ayes: Seven. Motion carried. 146079 - Welper/Morrissey that "Resolution awarding bid to Wilson Tree Service of Cresco, Iowa, in the amount of $28,998.50, and approving the contract, bonds, and certificate of insurance for the 2017 Tree Removal Project", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-835. 146080 - Lind/Amos that proof of publication of notice of public hearing on asbestos abatement services for properties located at 1100 Grant Avenue and 216-220 Commercial Street, as published in the Waterloo Courier on September 25, 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. 146081 - Lind/Amos that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 146082 - 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. 2017-836. 146083 - Lind/Amos Page 13 of 169 October 9, 2017 Page 6 that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-837. 146084 - Lind/Amos Motion to receive and file and instruct City Clerk to read bids. Bidder Bid Security Engineers Estimate $15,000 Engineers Estimate $28,000 1100 Grant Avenue 216-220 Commercial St AAA Budget Environmental, Inc., Monticello, IA Invalid $5,599 $30,557.02 ECCO Midwest, Inc., Hastings, MN 0 5 /0 $6,500 $51,000 Active Thermal Concepts, Hiawatha, IA 0 5/0 $11,866 $29,890 REW Services Corporation, Des Moines, IA 5% $14,873 $28,270 Advanced Environmental, Waterloo, IA 50 �0 $8,000 $32,700 New Horizons, LLC, Lincoln, NE 0 5 /0 $13,950 $52,890 Abatement Specialists, Cedar Rapids, IA 0 5 0 $11,335 $34,550 Voice vote -Ayes: Seven. Motion carried. 146085 - Lind/Amos that "Resolution awarding asbestos abatement bid to ECCO Midwest, Inc. of Hastings, Minnesota for asbestos abatement of 1100 Grant Avenue in the amount of $6,500 and REW Services Corporation of Des Moines, Iowa for asbestos abatement services at 216-220 Commercial Street in the amount of $28,270 and approving the contract, bond, and certificate of insurance and authorizing 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. 2017-838. 146086 - Schmitt/Welper that proof of publication of notice of public hearing on Demolition services for 222 Walnut Street and 216-220 Commercial Street, as published in the Waterloo Courier on September 25, 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 Dryer, 3146 W. 4th Street, questioned if 222 Walnut Street is the house of Hope and if those residents have found alternative housing. Noel Anderson, Community Planning and Development Director, explained the House of Hope is continuing to look at options for moving residents, removal can take place while residents are in the building and the demolition of the building will not take place until the residents have found new living quarters. 146087 - Schmitt/Welper Page 14 of 169 October 9, 2017 Page 7 that the hearing be closed and oral be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 146088 - Schmitt/Welper that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Mr. Schmitt requested a review of the timeline for removal of the asbestos. Noel Anderson, Community Planning and Development Director, explained the project was on schedule. Mr. Jacobs questioned if the City has any liability if asbestos is being removed while residents are still living in the House of Hope. Noel Anderson explained the contractor is required to have liability insurance therefore any liability during the removal and construction would fall on the contractor and that safety standards have been reviewed with the contractor to maintain proper and safe removal of the asbestos. Resolution adopted and upon approval by Mayor assigned No. 2017-839. 146089 - Schmitt/Welper that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-840. 146090 - Schmitt/Welper Motion to receive and file and instruct City Clerk to read bids. Bidder Bid Security Engineers Estimate $35,000 Engineers Estimate $25,000 222 Walnut St 216-220 Commercial St Frickson Bros. Excavating, Evansdale, IA 5% $38,000 $52,000 Peterson Contractors Inc" Reinbeck, IA ° 5/0 $41,470 $52,042.50 Active Thermal Concepts, Hiawatha, IA 5° �0 $158,343 $138,985 Lehman Trucking & Excavating, Inc., Waterloo, IA 5% $45,320 $28,630 Benton's Sand & Gravel, Cedar Falls, IA ° 5 0 $38,900 $37,900 Voice vote -Ayes: Seven. Motion carried. 146091 - Schmitt/Welper that "Resolution awarding demolition services bid to Frickson Bros. Excavating, of Evansdale, Iowa, in the amount of $38,000 for demolition services at 222 Walnut Street and Lehman Trucking & Excavating, Inc. of Waterloo, Iowa, in the amount of $28,630, for demolition services at 216-220 Commercial Street, and approving the contract, bonds, and certificate of insurance, and instruct 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. 2017-841. Page 15 of 169 October 9, 2017 Page 8 RESOLUTIONS 146092 - Lind/Amos that "Resolution approving Fiscal Sponsorship Agreement with Waterloo Community Foundation, Kingsley Neighborhood Association, and the City of Waterloo for Prospect Boulevard Tree Planting Project, and authorize the Mayor and City Clerk to execute said document", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Mr. Lind noted this is a project spearheaded by his brothers, Tim and Jim Lind and Rick Smith to raise money to purchase replacement trees for Prospect Boulevard, at no cost to the City. Resolution adopted and upon approval by Mayor assigned No. 2017-842. 146093 - Lind/Amos that "Resolution approving completion of Project and Recommendation of Acceptance of work performed by Plumb Tech of Waterloo, Iowa, in the amount of $19,556.00, and approving payment of Pay Estimate No. 2 (Final Project Retainage) in the amount of $977.80, in conjunction with the FY2017 Replacement of Roof Mounted Air Conditioning Units Project for the General Aviation Terminal Building at the Waterloo Regional Airport", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-843. 146094 - Lind/Amos that "Resolution approving application to the Iowa Department of Transportation for renewal of a one year permit to establish and sign a snowmobile trail within the right-of-way of State highways within the City limits of Waterloo", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-844. 146095 - Morrissey/Amos that "Resolution approving an agreement with the Waterloo Community Foundation to establish a Waterloo Fire Rescue Memorial Fund, and authorize Fire Chief to execute said document", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Pat Treloar, Fire Chief, explained that the fund is being established to set up a scholarship fund to send current fire members to Paramedic and EMT schooling. Resolution adopted and upon approval by Mayor assigned No. 2017-845. 146096 - Morrissey/Amos that "Resolution authorizing a Letter of Support on behalf of a request received by American Airlines, to require the enforcement of the United States' Open Skies agreements, as currently written, thereby opposing unfair subsidization by the foreign flag carriers such as Emirates, Etihad Airways and Qatar Airways, and authorize the Mayor to draft and execute said document", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Keith Kaspari, Airport Director explained the letter of support. Resolution adopted and upon approval by Mayor assigned No. 2017-846. 146097 - Morrissey/Amos that "Resolution approving close out of FY2009 Economic Development Initiative Special Project B -09 -SP -IA -0191 for the Chamberlain Manufacturing Plant site", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Page 16 of 169 October 9, 2017 Page 9 Resolution adopted and upon approval by Mayor assigned No. 2017-847. 146098 - Amos/Welper that "Resolution approving the Completion of a Project and Recommendation of Project Acceptance of work performed by Pella Roofing and Insulation of Vinton, Iowa, and approving payment of Pay Estimate No. 2 (Final Project Retainage) in the amount of $3,877.25, in conjunction with the roofing, rain gutters and lighting improvements on Hangar No. 5 at Waterloo Regional Airport", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Mayor Hart commented on the extensive projects at the airport. Mr. Lind questioned if the leaks in the roof have been fixed. Keith Kaspari, Airport Director, explained that the majority of the leaks have been repaired and that the materials used in the repairs will extend the life of the roof and add R -value to help with heating/cooling costs. Resolution adopted and upon approval by Mayor assigned No. 2017-848. 146099 - Amos/Welper that "Resolution approving Second Amendment to Development Agreement with Bread to Beer, LLC and City of Waterloo to add additional costs associated with project for payment, and authorize the Mayor and City Clerk to execute all necessary documents", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Mr. Lind questioned if properties were conveyed "as -is" or if the City maintained responsibility for certain aspects of the property through the language of the development agreement. Noel Anderson, Community Planning and Development Director, the proposed amendments and the City's responsibility for the water stub disconnections, the hazardous waste disposal and dock modifications made by SingleSpeed. Mr. Morrissey commented on the success of the Tour de Loo, the large crowd at SingleSpeed after the event and what a great addition the venue is to downtown Waterloo. Resolution adopted and upon approval by Mayor assigned No. 2017-849. ORDINANCES 146100 - Morrissey/Amos that "an Ordinance amending the 2008 Traffic Code by rescinding Section 543 - Thru Streets - and deleting in its entirety (6) Ansborough Avenue and inserting a new subsection (6) Ansborough Avenue", be received, placed on file, considered and passed for the second time. Roll -call vote - Ayes: Five. Nays: Schmitt, Welper. Motion carried. Jim Chapman, 224 Birch, expressed his condolences to the Freshwater family and suggested conducting a study on stop signs for Bayard and Birch. John Sherbon, 1715 Robin Road, suggested the council review the traffic study and the information provided in the study and possibly placing a stop sign on the bike/foot path. Don Share, 1415 Downing Avenue, commented he feels it would be prudent to put a 4 -way stop at the intersection of Ansborough and E. Shaulis Road, but more importantly educating and forming rules for bicyclists and pedestrians on the bike paths. Lind questioned if the ordinance related to a 4 -way stop. Sandi Greco, Interim Public Works Director, explained the ordinance addresses the thru street ordinance, not stop signs, and this would mean that Ansborough would stop. Page 17 of 169 October 9, 2017 Page 10 Mr. Welper commented that currently Ansborough doesn't stop. Mr. Schmitt commented he had had numerous conversations with residents in the area who are opposed to putting in a 4 -way stop at the intersection and suggested the Council reconsider the ordinance. Mr. Welper commented people are looking for traffic flow rather than traffic stopping and that is why they are failing to stop. Sandi Greco explained what a new traffic study would entail, that the traffic study was done during peak hours for one day and that counters could be used but they do not record turn actions. 146101 - Welper/ Amos that the item be tabled for two weeks to do additional traffic study. Roll -call vote -Ayes: Three. Nays: Lind, Amos, Morrissey, Powers. Motion failed. Mayor Hart questioned the accuracy of a new study, for pedestrian and bike traffic, considering the colder weather. Sandi Greco explained the traffic study was performed two weeks ago and agreed as the biking season is almost over a new study would not reflect as many pedestrians and cyclists. Mr. Powers commented because of the volume of traffic on Ansborough and Shaulis the traffic needs to be stopped to prevent more accidents. Mr. Powers suggested stop signs also be placed on the bike path. Mr. Lind again questioned what this ordinance addressed. Mr. Morrissey questioned if a study could be conducted in the next two weeks as this is only the second reading of the ordinance. He further questioned why a study would be done knowing there will be less traffic. Mayor Hart reminded the Council of Mohammad Elahi's professional qualifications and experience regarding traffic and civil engineering. Mr. Power reminded the Council they employ experts on their staff and that their expertise needs to be recognized and respected. Mohammad Elahi, Traffic Engineer, explained how the numbers were derived for the study and feels based on those numbers, there is no need for an actual traffic count. He explained that flow studies project having 4 -way stops at that intersection would create less delays than 2 -way stops. OTHER COUNCIL BUSINESS 146102 - Amos/Welper that the arbitrage test results reflecting that no payment is due to the Internal Revenue Service for the General Obligation Bonds Series 2010A issued in June 2010, the Series 2011A issued in June 2011, the Series 2012A bonds issued in June 2012, the Series 2012B bonds issued in June 2012, and the Sewer Revenue Bonds Series 2011A issued in July 2011, be received, placed on file and approved. Voice vote -Ayes: Seven. Motion carried. 146103 - Amos/Welper that the request to purchase neighborhood security pole cameras from Cellebrite, in the amount of $25,000, and directing the use of funds designated by City Council, be received, placed on file and approved. Dan Trelka, Chief of Police requested the council postpone discussion to allow more time to fund the cameras from excess revenues from project that come in under budget. Chief Trelka reviewed Page 18 of 169 October 9, 2017 Page 11 the use and history of cameras being used in Dubuque and utilizing cameras in different ways throughout the City. 146104-Schmitt/Welper that the request to purchase neighborhood security pole cameras from Cellebrite, in the amount of $25,000, and directing the use of funds designated by City Council, be received, placed on file and approved be tabled for 60 days, pending further investigation. Mr. Morrissey requested Mr. Schmitt's motion be amended to table the item indefinitely. Mr. Schmitt agreed to the suggested amendment. Voice vote -Ayes: Six. Nays: Lind. Motion carried. Mr. Morrissey requested the council develop policies and procedure for acceptable use of the cameras. 146105 - Amos/Welper that the request to waive the ten mile residency restriction for a police officer, be received, placed on file and approved. Voice vote -Ayes: Seven. Motion carried. David Dryer, 3145 W. 4t' Street, questioned if the ten, mile limit is within Black Hawk County so the employee is still contributing to taxes. Dan Trelka explained the request for the waiver of the restriction and the officer's reasons for making the request. Mr. Amos questioned if this would help with recruitment. Mr. Powers commented the state code allows for setting reasonable distances in cases such as this. ADJOURNMENT 146106 - Welper/Morrissey that the Council adjourn at 7:26 p.m. Voice vote -Ayes: Seven. Motion carried. LeAnn M. Even Deputy City Clerk Page 19 of 169 CITY OF WATERLOO Council Communication Proclamation declaring October 15-21, 2017 as Character Counts Week. City Council Meeting: 10/16/2017 Prepared: 10/3/2017 REVIEWERS: Department Reviewer Action Date Mayor Office Westphal, Michelle Approved 9/26/2017 - 4:09 PM Clerk Office Higby, Nancy Rejected 10/3/2017 - 5:29 PM Mayor Office Higby, Nancy Rejected 10/3/2017 - 5:29 PM Mayor Office Westphal, Michelle Approved 10/3/2017 - 5:32 PM Mayor Office Westphal, Michelle Approved 10/3/2017 - 5:34 PM Clerk Office Higby, Nancy Approved 10/11/2017 - 10:39 AM ATTACHMENTS: Description Type D Proclamation Character Counts Week Cover Memo Submitted by: Submitted By: Mayor Quentin Hart Page 20 of 169 k.1 LT4 a V O V V w w O R t- W 0 R x� ti C OJ N la 7 N -T L g O4.1t V E-1 • u 4-4 O : V V ✓ V u V V t V C a 3 r N C� G U `64 C V R7 V v a L � V :i4 L o E. z R 7.9 U CITY OF WATERLOO Council Communication Request from John Poots for a waiver for a concrete driveway located at 1327 Holstein Place and authorizing the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. City Council Meeting: 10/16/2017 Prepared: 10/11/2017 REVIEWERS: Department Reviewer Action Date Engineering Even, LeAnn Approved 10/11/2017 - 4:17 PM Clerk Office Even, LeAnn Approved 10/11/2017 - 4:19 PM ATTACHMENTS: Description Type D DW Waiver 1327 Holstein PI Cover Memo SUBJECT: Request from John Poots for a waiver for a concrete driveway located at 1327 Holstein Place and authorizing the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Submitted by: Submitted By: Eric Thorson, PE, City Engineer Recommend for approval by the City Engineer. This waiver is needed due to the placement of a driveway or sidewalk on Recommended Action: City right-of-way on an unimproved street. Summary Statement: I have reviewed this request and recommend its approval subject to the following provisions. 1. Work to be performed by an approved and bonded contractor. 2.A permit is to be obtained from the office of the City Engineer prior to construction. 3.All work shall be performed under the supervision of the City Engineer and at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. Legal Descriptions: GUERNSEYS SECOND ORANGE VIEW PLAT LOT 39 Page 22 of 169 WAIVER Date: /7 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 r asphalt) / SZ7 01_ky► PL (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. e 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, dokn E,Poots dir Printed Name of Property Owner Sigture of Property Owner Page 23 of 169 CITY OF WATERLOO Council Communication Lease agreement with Holly Porter for property located west of 903 Riverside Drive for $1.00 for a term ending December 31, 2027. City Council Meeting: 10/16/2017 Prepared: 10/10/2017 REVIEWERS: Department Reviewer Action Date Planning & Zoning Schroeder, Aric Approved 10/11/2017 - 9:24 AM Clerk Office Even, LeAnn Approved 10/11/2017 - 12:18 PM ATTACHMENTS: Description Type ❑ Lease Agreement Backup Material ❑ Aerial Photo Backup Material SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution approving a lease agreement with Holly Porter for property located west of 903 Riverside Drive for $1.00 for a term ending December 31, 2027, and authorizing Mayor and City Clerk to execute said documents. Submitted By: Aric Schroeder, City Planner Approval. Holly Porter recently purchased the property at 903 Riverside Drive. The City of Waterloo owns the lot west of 903 Riverside Drive, which was acquired through the Hazard Mitigation Grant Program (HMGP) flood buyout. The City was previously leasing the lot to Janet Kendall -Post, the former owner of 903 Riverside Drive. That lease was automatically terminated upon her transfer of title of the adjoining property, and per that lease, Holly Porter, as the new owner of the adjoining property, has a right of first refusal to lease the property, should the City desire to continue to lease the property. None N/A Land Use The property in question is deed restricted and must be owned and maintained by the City of Waterloo as green space. The City of Waterloo is allowed to lease buyout property, as long as the terms of the lease are not in Page 24 of 169 Background Information: Legal Descriptions: conflict with the deed restrictions. The proposed lease indicates a requirement that the lessee shall not use the property in any manner that is contrary to the deed restrictions, and a copy of the deed restrictions have been added as an exhibit to the lease. Lease of the property will allow the applicant to use the area as an extension of their existing yard, and requires that the lessee be responsible for all maintenance, including mowing the grass and sidewalk snow removal. Because of the deed restrictions the property is unbuildable, and leasing it will avoid the City from having to pay to do mowing and snow removal. It was previously determined to be most appropriate to lease such lots to an adjoining property owner, and due to the terms of the previously approved lease providing the new owner the right of first refusal, the lot could not be leased to any other party. Lots Nos. 1 and 2 in Block No. 7 in Division "A", Cedar River Park, Waterloo, Iowa; And A part of Division "C" in Cedar River Park in Waterloo, Iowa, described as follows, to -wit: Commencing at the Northeast corner of Lot No. 1 in Block No. 7 in Division "A" in Cedar River Park, Waterloo, Iowa, thence running North along an extension of the East line of said Lot No. 1 to its intersection with a Westerly extension of the North line of Lot No. 4 in Block 36 in Auditor Rainbows Cedar River Park Plat No. 2; thence running Westerly along the extension of the North line of Lot No. 4 in said Block 36 approximately 80 feet to its intersection with a Northerly extension of the West line of Lot No. 2 in said Block No. 7; thence Southerly along said extension of the West line of said Lot No. 2 to the Northwest corner of said Lot No. 2; thence Easterly along the Northerly lines of Lots Nos. 2 and 1 in said Block No. 7 to place of beginning. Page 25 of 169 LEASE AGREEMENT for CITY -OWNED PROPERTY This Lease Agreement (the "Agreement") is made and entered into this \ t day of _ . 2017, by and between the City of Waterloo, Iowa (hereinafter referred to as "City"), an Holly Porter (hereinafter referred to as "Lessee") 1. The City agrees to allow the Lessee to use and occupy City property (the "Property") located on Riverside Drive just west of 903 Riverside Drive ("Lessee's Property"). The Property is known as assessor parcel nos. 891315451006, 891315451007, and part of 891315451009 and legally described in Exhibit "A" attached hereto and made a part hereof by this reference. Lessee shall use the Property only for activities incidental and customarily accessory to the use of their abutting residential property and as further allowed per the description in paragraph 4 below, and shall not use the Property for any other purpose whatsoever. 2. The City agrees to allow Lessee to use and occupy the Property for a term commencing on the 1st day of October, 2017, and terminating on the 31St day of December, 2027. The City agrees to lease the Property to the Lessee for the sum of $1.00, payable in advance upon commencement of the lease term. 3. The City may terminate this Agreement, as to any part or all of the Property, upon thirty (30) days` written notice for any reason. Lessee may terminate this Agreement, in whole but not in part, upon thirty (30) days' written notice to the Waterloo Community Planning and Development Department (the "Department"). Upon termination of this Agreement for any reason, any improvements made to or upon the Property shall, unless removed by Lessee before the termination date, become the sole property of City, to be used, sold, destroyed or otherwise handled by City at its sole discretion, without any compensation to Lessee. 4. Lessee agrees to maintain the Property, including but not limited to all required mowing and snow removal on the public sidewalk adjoining the Property along Riverside Drive. This will include reseeding and fertilizing when necessary. Lessee agrees to maintain the Property as a grass area only with any reseeding to be done with bluegrass grass seed only, or other seed approved in advance by the Department. Lessee may establish and maintain a garden on the Property in accordance with plans approved in advance by the Department, and may use the Property for private (non-commercial) recreational purposes, including but not limited to activities such as private recreational fires that meet the requirements of city ordinances, picnics, camping, etc. 5. The Property was acquired by the City through a Hazard Mitigation Grant Program (HMGP) with the Federal Emergency Management Agency (FEMA) and Iowa Homeland Security & Emergency Management Division (IHSEMD). As required by the HMGP, deed restrictions limit the use and maintenance of the Property. A copy of said deed 1 Page 26 of 169 restrictions are attached as Exhibit "B" hereto and made a part hereof by this reference. Lessee shall not use the Property in any manner that is contrary to said deed restrictions. The Lessee shall not construct, place, or allow to be placed any buildings or structures except any incidental park -type structures that are individually and specifically approved in writing, in advance, by the Department. 6. In consideration of the rights and privileges granted to Lessee under this Agreement, Lessee hereby agrees to indemnify and hold the City harmless for any and all liability, claims, demands, actions, causes of action, and/or damages whatsoever, including but not limited to reasonable attorneys' fees, to any person or property which may arise out of or are in any way connected, whether directly or indirectly, with use of the Property by Lessee, its employees, agents or invitees, in any manner, and shall further indemnify the City for any damage to the Property caused by Lessee, its employees, agents or invitees. 7. Lessee shall, at its own expense, procure and maintain insurance in the minimum amount of $500,000 per occurrence, covering liability arising from the acts or omissions of Lessee, its employees, agents and invitees, and shall protect the City against such claims, damages, costs or expenses, including but not limited to reasonable attorneys' fees, on account of injury to any person or persons, or to the property of same, by reason of such casualty, accident or other occurrence on or about the Property during the term of this Agreement. Proof of insurance shall be delivered to City no later April 1st of every year that the Agreement is in effect and shall provide proof of continuing coverage before expiration of the policy. The City shall provide no insurance for the specific benefit of the Property or activities of the Lessee, its agents, employees or invitees. 8. In the event any other person acquires a right of ingress and egress across the Property with prior written consent of the City, Lessee agrees to be responsible for any additional maintenance which may be necessary, at no cost to the City. 9. Lessee shall comply with all applicable environmental laws concerning application, storage and handling of chemicals (including, without limitation, herbicides and insecticides) and fertilizers. Lessee shall apply any chemicals used for weed or insect control at levels not to exceed the manufacturer's recommendation for the soil types involved. Chemicals may not be stored on the Property. Chemicals used on the Property shall be stored in clearly marked, tightly closed containers. No chemicals or chemical containers will be disposed of on the Property. Application of chemicals for lawn or garden purposes per manufacturer's recommendation shall not be construed to constitute disposal. Lessee shall immediately notify City of any chemical discharge, leak, or spill which occurs on the Property. Lessee shall employ all means appropriate to insure that contamination does not occur, and shall be responsible to follow all applicator's licensing requirements. Lessee shall properly post all fields (when posting is required) whenever chemicals are applied. Lessee shall not dispose of any substances, including but not limited to waste oil, tires, batteries, paint, other chemicals or containers, anywhere on the Property. Solid waste may 2 Page 27 of 169 not be disposed of on the Property. No underground storage tanks shall be placed or maintained on the Property. After termination, Lessee shall remain liable for violations which occurred during the term of this Agreement. 10. The City may enter the Property at any reasonable time for the purpose of consulting with Lessee, viewing the Property, making improvements, or for other reasonable purposes that do not interfere with Lessee's ability to use the Property as provided herein. 11. Lessee shall not lease or sublet any part of the Property nor assign this Agreement to any other person without the prior written permission of the City. This Agreement is personal to Lessee, shall automatically terminate upon any voluntary or involuntary transfer of title to the Lessee's abutting property, and shall not transfer to any subsequent transferee of Lessee's property. 12. Lessee agrees that on termination of the Agreement, Lessee will yield possession of the Property to City without further demand or notice, in as good order and condition as at the beginning of the term of this Agreement. Loss or damage by forces beyond Lessee's control and ordinary wear and tear are excepted. 13. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between City and Lessee nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 14. If Lessee fails to observe any term or condition of this Agreement, it shall be in default of this Agreement, and City may then exercise any and all legal remedies available under applicable law. In the event of default Lessee shall be liable for any and all damage or loss suffered or incurred by City, including but not limited to reasonable attorneys' fees and expenses incurred in connection with the exercise of any right or remedy by City. 15. Any notice under this Agreement shall be in writing and shall be delivered in person or by United States certified mail, postage prepaid, and addressed to the other party at its last known address. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, or (ii) three (3) business days following the date of deposit if mailed by United States certified mail, postage prepaid. 16. This Agreement contains the entire Agreement between the parties. None of the covenants, provisions, terms of conditions of this Agreement will be in any manner modified, waived, or abandoned, except by written instrument duly signed by both parties. This Agreement is binding upon and shall inure to the benefit of the parties and their respective heirs, personal representatives, successors and assigns. 3 Page 28 of 169 IN WITNESS WHEREOF, the parties have executed this Lease Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO LESSEE By: By: Quentin Hart, Mayor Attest: Kelley Felchle, City Clerk CITY'S ACKNOWLEDGMENT: Holly j1 orter STATE OF IOWA, BLACK HAWK_COUNTY, SS: On this day of , 2017, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Quentin Hart and Kelley Felchle to me personally known, who, before by me duly sworn, did say that they are the MAYOR and CITY CLERK, respectively, of said City executing the within and foregoing instrument to which this is attached, that the seal affixed thereto is the seal of said City; that said instrument was signed and sealed on behalf of said City by authority of its City Council; and that the said MAYOR and CITY CLERK, acknowledged the execution of said instrument to be the voluntary act and deed of said City, by it and by them voluntarily executed. LESSEE'S ACKNOWLEDGMENT STATE OF IOWA, BLACK HAWK COUNTY, SS: Acknowledged before me on w FAITHE POHLMANN COMMISSION NO.792722 MY COMMISSION EXPIRES OCTOBER 19, 2019 Notary Public .l`ib Cr , 2017, by Holly Porter. 4 rotary Public flu Page 29 of 169 EXHIBIT "A" LEGAL DESCRIPTION Lots Nos. 1 and 2 in Block No. 7 in Division "A", Cedar River Park, Waterloo, Iowa; And A part of Division "C" in Cedar River Park in Waterloo, Iowa, described as follows, to -wit: Commencing at the Northeast corner of Lot No. 1 in Block No. 7 in Division "A" in Cedar River Park, Waterloo, Iowa, thence running North along an extension of the East line of said Lot No. 1 to its intersection with a Westerly extension of the North line of Lot No. 4 in Block 36 in Auditor Rainbows Cedar River Park Plat No. 2; thence running Westerly along the extension of the North line of Lot No. 4 in said Block 36 approximately 80 feet to its intersection with a Northerly extension of the West line of Lot No. 2 in said Block No. 7; thence Southerly along said extension of the West line of said Lot No. 2 to the Northwest corner of said Lot No. 2; thence Easterly along the Northerly Iines of Lots Nos. 2 and 1 in said Block No. 7 to place of beginning. Page 30 of 169 Exhibit "B" Deed Restriction Addendum Hazard Mitigation Assistance (HMA) Program In reference to the property or properties ("Property") conveyed by the Deed between the property owners indicated below who are participating in the federally -assisted acquisition project ("the Grantor") and the City of Waterloo, Iowa ("the Grantee"), its successors and assigns: WHEREAS, The; Robert T. Stafford Disaster Relief and Emergency Assistance Act, ("The Stafford Act"), 42 U.S.C. § 5121 et seq., identifies the use of disaster relief funds under § 5170c, Hazard Mitigation Grant Program ("HMGP"), including the acquisition and relocation of structures in the floodplain; and WHEREAS, the mitigation grant program provides a process for a local government, through the State, to apply for federal funds for mitigation assistance to acquire interests in property, including the purchase of structures in the floodplain, to demolish and/or remove the structures, and to maintain the use of the Property as open space in perpetuity; and WHEREAS, the State of Iowa has applied for and been awarded such funding from the Department of Homeland. Security, Federal Emergency Management Agency ("FEMA") and has entered into a mitigation grant program Grant Agreement dated June 6, 2008, with FEMA and herein incorporated by reference; making it a mitigation grant program grantee; and WHEREAS, the Property is located in the City of Waterloo, Iowa, and the City of Waterloo, Iowa, participates in the National Flood Insurance Program ("NFIP") and is in good standing with NFIP as of the date of the Deed; and WHEREAS, the City of Waterloo, Iowa, has applied for and been awarded federal funds pursuant to an agreement with the State of Iowa dated August 11, 2009 ("State -Local Agreement"), and herein incorporated by reference, making it a mitigation grant program subgrantee; and WHEREAS, the terms of the mitigation grant program statutory authorities, Federal program requirements consistent with 44 C.F.R. Part 80, the Grant Agreement, and the State -local Agreement require that the Grantee agree to conditions that restrict the use of the land to open space in perpetuity in order to protect and preserve natural floodplain values; NOW, THEREFORE, the grant is made subject to the following terms and conditions: 1. Terms. Pursuant to the terms of the HMG program statutory authorities, Federal program requirements consistent with 44 C.F.R. Part 80, the Grant Agreement, and the State -local Agreement, the following conditions and restrictions shall apply in perpetuity to the Property described in the attached deed and acquired by the Grantee pursuant to FEMA program requirements concerning the acquisition of property for open space: a. Compatible uses. The Property shall be dedicated and maintained in perpetuity as open space for the cons. ervation of natural floodplain functions. Such uses may include: parks for outdoor recreational activities; wetlands management; nature reserves; cultivation; grazing; Page 31 of 169 camping (except :where adequate warning time is not available to allow evacuation); unimproved, unpaved parking lots; buffer zones; and other uses consistent with FEMA guidance for open space acquisition, Hazard Mitigation Assistance, Requirements for Property Acquisition and Relocation for Open Space. b. Structures. No new structures or improvements shall be erected on the Property other than: i. A public facility that is open on all sides and functionally related to a designated open space or recreational use; ii. A public rest room; or iii. A structure that is compatible with open space and conserves the natural function of the floodplain, including the uses described in Paragraph 1.a., above, and approved by the FEMA Administrator in writing before construction of the structure begins. Any improvements on the Property shall be in accordance with proper floodplain management policies and practices. Structures built on the Property according to paragraph b. of this section shall be floodproofed or elevated to at least the base flood level plus 1 foot of freeboard, or greater, if required by FEMA, or if required by any State, Tribal, or local ordinance, and in accordance with criteria established by the FEMA Administrator. c. Disaster Assistance and Flood Insurance. No Federal entity or source may provide disaster assistance for any purpose with respect to the Property, nor may any application for such assistance be made to any Federal entity or source. The Property is not eligible for coverage under the NFIP for damage to structures on the property occurring after the date of the property settlement, except for pre-existing structures being relocated off the property as a result of the project. d. Transfer. The Grantee, including successors in interest, shall convey any interest in the Property only if the FEMA Regional Administrator, through the State, gives prior written approval of the transferee in accordance with this paragraph. i. The request by the Grantee, through the State, to the FEMA Regional Administrator must include a signed statement from the proposed transferee that it acknowledges and agrees to be bound by the Perms of this section, and documentation of its status as a qualified conservation organization if applicable. ii. The Grantee may convey a property interest only to a public entity or to a qualified conservation organization, However, the Grantee may convey an easement or lease to a private individual or entity for purposes compatible with the uses described in paragraph (a), of this section, with the prior approval of the FEMA Regional Administrator, and so long as the conveyance does'not include authority to control and enforce the terms and conditions of this section. 2 Page 32 of 169 iii. If title;'to the Property is transferred to a public entity other than one with a conservation mission, it must be conveyed subject to a conservation easement that shall be recorded with the deed and shall incorporate all terms and conditions set forth in this section, including the easement holder's responsibility to enforce the easement. This shall be accomplished by one of the following means: a) The Grantee shall convey, in accordance with this paragraph, a conservation easement to an entity other than the title holder, which shall be recorded with the deed, or b) At the time of title transfer, the Grantee shall retain such conservation easement, and record it with the deed. iv. Conveyance of any property interest must reference and incorporate the original deed restrictions providing notice of the conditions in this section and must incorporate a provision for the property interest to revert to the State, Tribe, or local government in the event that the transferee ceases`to exist or loses its eligible status under this section. 2. Inspection. FEMA, its representatives and assigns including the State or Tribe shall have the right to enter updn the Property, at reasonable times and with reasonable notice, for the purpose of inspecting the Property to ensure compliance with the terms of this part, the Property conveyance and of the grant award. 3. Monitoring and Reporting. Every three years after the date this deed is recorded, the Grantee (mitigation grantprogram subgrantee), in coordination with any current successor in interest, shall submit through the State to the FEMA Regional Administrator a report certifying that the Grantee has inspected the Property within the month preceding the report, and that the Property continues to be maintained consistent with the provisions of 44 C.F.R. Part 80, the property conveyance, and the grant award. 4. Enforcement.. The Grantee (mitigation grant program subgrantee), the State, FEMA, and their respective representatives, successors and assigns, are responsible for taking measures to bring the Property back into compliance if the Property is not maintained according to the terms of 44 C.F.R. Part 80, the property conveyance, and the grant award. The relative rights and responsibilities of FEMA, the State, the Grantee, and subsequent holders of the property interest at the time of enforcement, shall include the following: a. The Statewill notify the Grantee and any current holder of the property interest in writing and advise them that they have 60 days to correct the violation. i. If the Grantee or any current holder of the property interest fails to demonstrate a good faith effort to come into compliance with the terms of the grant within the 60 -day period, the State shall enforce the terms of the grant by taking any measures it deems appropriate, including but not limited td bringing an action at law or in equity in a court of competent jurisdiction. ii. FEMA; its representatives, and assignees may enforce the terms of the grant by taking any measures it deems appropriate, including but not limited to 1 or more of the following: 3 Page 33 of 169 a) Withholding FEMA mitigation awards or assistance from the State or Tribe, and Grantee; and current holder of the property interest. b) Requiring transfer of title. The. Grantee or the current holder of the property interest shall bear the costs of bringing the Property back into compliance with the terms of the grant; or c) Bringing an action at law or in equity in a court of competent jurisdiction against any or all of the following parties: the State, the Tribe, the local community, and their respective successors. 5. Amendment. ;This agreement may be amended upon signatures of FEMA, the State, and the Grantee only to the extent that such amendment does not affect the fundamental and statutory purposes underlying the agreement. 6. Severability.: Should any provision of this grant or the application thereof to any person or circumstance be found to be invalid or unenforceable, the rest and remainder of the provisions of this grant and their application shall not be affected and shall remain valid and enforceable. GRANTORS Sandra A. Schipper 4 Paul FL Schipper 4 GRANTEE City of Waterloo, Iowa By: Title: Rk Page 34 of 169 Lease of City Property West of 903 Riverside Drive CITY OF WATERLOO Council Communication Recycling processing facility to support the City of Waterloo's curbside recycling program. City Council Meeting: 10/16/2017 Prepared: 10/11/2017 REVIEWERS: Department Reviewer Action Traffic Operations Even, LeAnn Approved SUBJECT: Date 10/11/2017 - 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. Resolution confirming approval of specifications, form of contract, etc. Resolution authorizing to proceed. Motion to postpone reading of bids for one week to allow further review by Interim Public Works Director. Submitted by: Submitted By: Sandie Greco, Interim Public Works Director Recommended Action: Recommend Approval Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Background Information: This service is for providing equipment, site service and collection/delivery of materials from curbside containers, and the processing and ultimate marketing and disposal of materials thereby generated. $32,000.00 Sanitation Funding - 525-15-5400-1300 Strategy 3.4 and 3.5 - Identify and implement proven cost and 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 36 of 169 CITY OF WATERLOO Council Communication FY 2018 Sink Creek Channel Cleanout and Shaping, Contract 924 City Council Meeting: 10/16/2017 Prepared: 10/11/2017 REVIEWERS: Department Reviewer Action Date Engineering Gentz, Dennis Approved 10/11/2017 - 11:18 AM Clerk Office Even, LeAnn Approved 10/11/2017 - 12:11 PM ATTACHMENTS: Description Type D Bid Tab Backup Material SUBJECT: Submitted by: Source of Funds: Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive and file and instruct City Clerk to read bids. Resolution approving award of bid to Lodge Construction, Inc., of Clarksville, Iowa in the amount of $100,979, and approving the contract, bonds and Certificate of Insurance for the FY 2018 Sink Creek Channel Cleanout and Shaping, Contract No. 924, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Wayne Castle, PLS, PE, Associate Engineer GO Bonds Page 37 of 169 FY 2018 Sink Creek Channel Cleanout and Shaping, Contract No. 924 Bid Opening Date: 10/12/2017 Bid Tab Base Bid Engineer's Estimates Dave Schmidt Construction Co. Vieth Construction Corp. Peterson Contractors Inc. Baker Concrete & Excavating Lodge Construction, Inc. Inc. Lodge Total Price $ 2,625.00 $ 14,000.00 $ 4,000.00 $ 12,000.00 $ 6,650.00 $ 800.00 _ $ 4,830.00 $ 500.00 00'099'T $ 00'056'£ $ $ 1,000.00 $ 375.00 00 0 o LO is v ti h h $ 10,285.00 $ 84,365.00 Alternate Bid Items Item I Engr's Est. Engr's Est. Total Schmidt Unit Schmidt Total Vieth Unit Vieth Total I PCI Unit Price PCI Total Price Baker Unit Baker Total Price Lodge Unit Item Description Unit Est. Qty. Lodge Total Price No. Unit Price Price Price Price Price Price Price Price 000 v v o o m 6 0 0 M h h VT Lodge Unit Price O O O O I� V1 $ 4.00 $ 24.00 O O O O 01 O N O O '2? u] O M O $ 3.00 O O O• V1 O N O $ 7,500.00 $ 4,200.00 O O H O O 0 M Baker Total Price $ 11,250.00 $ 36,000.00 $ 12,000.00 $ 13,000.00 00.0ST'T $ 00'OSZ'ZT $ $ 7,590.00 $ 700.00 $ 2,300.00 $ 1,800.00 $ 750.00 $ 750.00 $ 7,000.00 $ 7,350.00 $ 15,895.00 $ 129,785.00 O O O O O O W0 Hf D] a a N n n n m m Baker Unit Price $ 4,500.00 $ 18.00 0 ,,C,,,! h 0 0 M h h $ 55.00 $ 700.00 0 0 .i h h $ 750.00 $ 5.00 $ 7,000.00 $ 2,100.00 0 ei h 0 W PCI Total Price $ 25,000.00 $ 18,000.00 00'0SZ'L $ 00'005'9 $ $ 8,750.00 $ 1,000.00 $ 8,280.00 $ 2,500.00 $ 3,450.00 $ 3,000.00 $ 750.00 $ 750.00 $ 10,000.00 $ 7,350.00 V1 N r n N O a o $ 34,932.00 $ 34,932.00 $ 152,939.50 PCI Unit Price $ 10,000.00 $ 9.00 $ 6.50 $ 14.50 0 0 N0lg1m• O h h 0 0 N 0 VT h 0 h h 0 N h h $ 10,000.00 $ 2,100.00 h h Vieth Total Price $ 13,750.03 $ 26,000.00 0 0 O O 0 1111 O h N VT hhh 0 0 O O .-1 t0 O' , 0 0 O O 001 O l0 .i LT VT $ 2,300.00 $ 1,500.00 $ 500.00 $ 450.00 $ 9,500.00 $ 15,400.00 $ 10,285.00 I $ 115,835.00 $ 16,188.03 $ 16,188.03_ $ 132,023.03 Vieth Unit Price $ 5,500.00 $ 13.00 O 0 O O v1 VT h 0 0 0 0 D7 O o VT h 0 0 0 0 O O h h 0 0 0 0 N O 0 i 0 0 0 0 O m VT h $ 9,500.00 $ 4,400.00 O h 00 of Schmidt Total Price $ 9,350.00 $ 33,000.00 O O O V1 0 O N N N $ 9,380.00 $ 1,080.25 $ 7,721.10 $ 951.00 O 111 V1 N N 1r0i N N O O O N 100 $ 4,080.00 $ 7,000.00 O NN O e{ m V H N $ 34,080.00 $ 34,080.00 $ 149,844.85 Schmidt Unit Price $ 3,740.00 $ 16.50 $ 12.65 $ 22.85 0 N 0 o N CO O h h m 0 v V1 V1 01 N- V f 0 Let N h h $ 720.00 $ 4.00 $ 4,080.00 $ 2,000.00 0 N h W h 00 0 0 N O o° Cr H h h 00'000'6 $ 00'00S'ZT $ $ 8,750.00 $ 2,500.00 0 00 0 I� 01 h h $ 3,450.00 $ 600.00 SS 0 0 O r h h $ 14,000.00 $ 12,250.00 $ 18,700.00 $ 132,950.00 $ 27,690.00 $ 27,690.00 $ 160,640.00 0 0 c v 0 tri w N .n.n.n 0 0 ti 01 vT.n.n.n 0 0 vi o N 0 0 h mo vT 0 0 rvi a VT h 0 o ri 0 vT VT 0 0 o 00 0 n N m v, V, 15 I Slope and Channel Protection, Wood Excelsior Mat I 5Q I 935.0 I $ 20.00 Total Base Bid 16 Turf Reinforcement Mat, Type 2 I SQ I 426.0 I $ 65.00 Total Alternate Bid Total Base Bid & Alternate Bid 1n o N000� 0 0 0 0 0 0 0 0 0 0 0 .-. o v1 m a>>> V U U U O Z a a ,%--,±, Q Item Description Clearing and Grubbing Excavation, Class 10, Channel Topsoil, Strip, Salvage and Spread Topsoil, Furnish and Spread Stabilized Construction Areas, Class A Crushed Stone Aprons, Concrete, 18 -in. Dia. Storm Sewer Gravity Main, Trenched, RCP, 2000D (Class III), 18 -in. RCP Apron Section Footing Engineering Fabric Fence, Field Gate, Field Fence, 16 -ft Removal of Fence, Field Mobilization Seeding and Fertilizing (Urban) EO N N Y Z CO a N l0 h CO 01 ° .i N N .4 Page 38 of 169 CITY OF WATERLOO Council Communication Request by the Islamic Foundation of Iowa, Inc. to rezone approximately 8.25 acres from "M -2,P" Planned Industrial District to "B -P" Business Park District, located west of 2010 W. Ridgeway Avenue. City Council Meeting: 10/16/2017 Prepared: 9/26/2017 REVIEWERS: Department Planning & Zoning Clerk Office ATTACHMENTS: Description ❑ Rezone M -2P to BP SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Reviewer Schroeder, Aric Even, LeAnn Action Approved Approved Type Cover Memo Date 10/11/2017 - 9:26 AM 10/11/2017 - 12:24 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 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 west of 2010 W. Ridgeway Avenue. 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 by the Islamic Foundation of Iowa, Inc. to rezone approximately 8.25 acres from "M -2,P" Planned Industrial District to "B -P" Business Park District, located West of 2010 West Ridgeway Avenue. None None required Goal 1 Support the creation of new, livable wage jobs though a balanced economic development approach of assisting existing businesses, fostering start-ups, attracting new employers and cultivating an adequate workforce. Page 39 of 169 Legal Descriptions: PART OF SW SE DESC AS BEG SE COR TH W 475 FT TH N 790 FT TH E 475 FT TH S 790 FT TO PT OF BEG SEC 32 T 89 R 13 Page 40 of 169 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: September 12, 2017 Request by the Islamic Foundation of Iowa, Inc. to rezone approximately 8.25 acres from "M -2,P" Planned Industrial District to "B -P" Business Park District, located West of 2010 West Ridgeway Avenue. Islamic Foundation of Iowa, Inc., 330 South Street, Waterloo, IA 50701 The applicant is requesting to rezone the property in question to construct a daycare facility, play area, utility garage, Community Centre/Gym, and Islamic Centre/School. The first phase of the project will only consist of constructing a 6,400 square foot daycare facility, 80' X 40' play area, and 16 -stall parking lot. The second phase will consist of a 5,000 square foot community Centre/Gym, a 7,000 square foot Islamic Centre/School, and utility garage. The request would not appear to have a negative impact on the neighborhood which consists of the Katoski Greenbelt to the north and west, the future Kwik Star Fuel Blending Facility to the east, and vacant land to the south which is also zoned "B -P" Business Park District. The request would not appear to have a negative impact on vehicular or pedestrian traffic movements in the area. The site is served by West Ridgeway Avenue, which is classified as a Minor Arterial. There are currently no sidewalks located along West Ridgeway Avenue. A recreational trail is anticipated to be constructed along the south side of West Ridgeway Avenue in the future. The area of the proposed site is currently zoned "M -2,P" Planned Industrial District. The site was rezoned from "A-1" Agricultural District to "M -2,P" Planned Industrial District on 11/01/1999. North — Katoski Greenbelt, zoned "A-1" Agricultural District. South — Vacant Commercial Property, zoned "B -P" Business Park District East — Vacant Industrial Property, zoned "M -2,P" Planned Industrial District. West — Katoski Greenbelt, zoned "A-1" Agricultural District. The Katoski Greenbelt is located to the west and north of the site, which is not anticipated to be developed in the future, as most of it is located within the floodplain. The future Kwik Star Fuel Blending Facility will be located to the east. Future commercial business development is anticipated to occur to the south along West Ridgeway Avenue. The request for the construction of a daycare and future phases of the Islamic Center Development would not appear to have a negative impact on the surrounding area, however the West of 2010 West Ridgeway Ave. rezone from "M -2,P" to "B -P" Page 41 of 169 September 12, 2017 applicant still needs to be cognizant of the industrial nature, intended use, and design of nearby properties. BUFFERS/ No Buffering will be required. SCREENING REQUIRED: DRAINAGE: It will be necessary that a storm water detention plan is submitted to the Engineering Department for review and approval prior to the issuance of a building permit. 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. FLOODPLAIN: The property is located within a Zone A (100 -year floodplain), Zone X (500 -year floodplain), and non -floodplain. The area for the proposed daycare facility is not located in a special flood hazard area per the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0282F, dated July 18, 2011. PUBLIC /OPEN The Katoski Greenbelt is located to the west and north of the site. No SPACES/ schools are located in the immediate vicinity. SCHOOLS: UTILITIES: WATER, The closest sewer line to the property in question is an 8" line that SANITARY SEWER, runs within West Ridgeway Avenue, but stops 1,350' to the east at STORM SEWER, Martin Road. This sewer line will be extended to connect with the ETC: future Kwik Star Fuel Blending Facility, but it will not be extended to the Islamic Community Center site. The applicant at this time intends to build a sewer septic system. The area does not contain any storm water infrastructure, but it does contain a 20" water main that runs along the south side of West Ridgeway Avenue. RELATIONSHIP TO The Future Land Use Map designates this area as Industrial. Land to COMPREHENSIVE the north and west is designated Parks, Open Spaces, Airport, LAND USE PLAN: Government Facilities, and Public Spaces. Land to the south is designated as Business Park, Professional Offices, Commercial, and Compatible Light Industrial. Land to the east is designated as Industrial. The proposed use appears to be compatible with the comprehensive plan. The site is also located within the Primary Growth Area on the City of Waterloo's Growth Map. STAFF ANALYSIS — The applicant is requesting to rezone 8.25 acres from "M -2,P" ZONING Planed Industrial District to "B -P" Business Park District. The ORDINANCE: intention of the rezoning request is to provide the Islamic Foundation of Iowa, Inc. greater flexibility in regards to phasing its development. The site previously received special permit approval by the Board of Adjustment on April 9, 2007 to build an Islamic Community Center with a Mosque, and other related facilities under one roof. The Islamic Foundation of Iowa now intends to have the Islamic Community Center built in phases that will be comprised of separate buildings. The first phase will consist of a 6,400 square foot daycare West of 2010 West Ridgeway Ave. rezone from "M -2,P" to "B -P" Page 42 of 169 STAFF ANALYSIS — SUBDIVISION ORDINANCE: TECHNICAL REVIEW COMMITTEE September 12, 2017 facility, 3,200 square foot play area, and a 16 -stall parking lot. The second phase will consist of a 5,000 square foot Community Centre/Gym, a 7,000 square foot Islamic Centre/School, and utility garage. Parking will need to be noted on the site plan when the Islamic Community Center gets ready to construct its second phase. A Islamic Community Center is a permitted use in the "M -2,P" Planned Industrial District, subject to special permit approval, which was received in 2007. Unfortunately, a stand-alone daycare or school building is not a permitted use within the "M -2,P" Planned Industrial District. The rezoning of the land from "M -2,P" to "B -P" Business Park District will enable the Islamic Foundation of Iowa, Inc. to better phase its Islamic Community Center development. A daycare, school, and Community Centre/Gym Islamic Centre/School are permitted uses under the Business Park District. Land to the south of the site is also zoned Business Park District. The rezoning of the site would be in character with the neighborhood. The applicant is not planning to subdivide the property. Lori Glover with the Black Hawk County Office of Emergency Management expressed concerns regarding a portion of the site being located in the 100 -year floodplain. The City of Waterloo Planning Staff however, noted that the proposed daycare facility will not be built in the 100 -year floodplain. Members of the Technical Review Committee expressed concerns regarding the close proximity of the proposed day care to the soon to be constructed Kwik Trip Fuel Blending Facility and asked if the applicant has looked at the possibility of having sanitary sewer connected to the site. The City of Waterloo Planning Staff indicated they are only planning on having a sewer septic system installed on the site at this time. The proposed daycare facility will be located 700 feet to the west of the Kwik Trip Fuel Blending Facility and there are trees located between the two sites to act as a buffer. A representative with the Kwik Trip indicated that there are numerous safety measures that will be incorporated into the design of the tanks to mitigate any potential impacts and limit potential damage to the site itself. In addition the fueling tanks are located within a containment wall in case of any spillage or faults with the tanks. West of 2010 West Ridgeway Ave. rezone from "M -2,P" to "B -P" Page 43 of 169 September 12, 2017 STAFF Therefore, staff recommends that the request to rezone RECOMMENDATION: approximately 8.25 acres from "M -2,P" Planned Industrial District to "B -P" Business Park 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. The request will better enable the applicant to phase its development as funding and timing allows. 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., except as specifically altered though the site plan approval process. West of 2010 West Ridgeway Ave. rezone from "M -2,P" to "B -P" Page 44 of 169 City of Waterloo Planning, Programming and Zoning Commission September 12, 2017 W of 2010 West Ridgeway Avenue Rezone M -2 ,P to B -P Ibrahim Shehata Page 45 of 169 N. \ �_u�i� /,+�t1r i, ALI& ItVT1m � 300 150 0 300 eteW O •° 1 Feet City of Waterloo Planning, Programming and Zoning Commission September 12, 2017 W of 2010 West Ridgeway Avenue Rezone M -2,P to B -P Ibrahim Shehata Page 46 of 169 EXTENT OF IFI LAND EXISITNG- SOCCER F',ELD EXISITNG - GRAVEL ROAD n PLAY AREA 00'X40' r - PROPOSED - DAY CARE (6400 SC FT) •1 PARK NG LOTS •< (FOR 15 EMPLOYEES AND 70 CHILDREN NEW -ENTRANCE PROPSED- CCMMUNITY CENTREIGYM (5000 SQ FT) PAVED LAND UTILITY GARAGE PROPSED - ISLAMIC CENTRE/SCHOOL (7000 SC YT) \ BUILDINGS FOR FUTURE PHASES. MASTER LAYOUT (LAND AREA = 790ft X 475ft) ASSUMPTIONS FOR BUILDINGS SIZING: DAY CARE CENTER: 90 PEOPLE (INC. CHILDREN AND STAFF) COMMUNITY CENTRE/GYM: 50-100 PEOPLE ISLAMIC CENTRE/SCHOOL: 200 PEOPLE *MAX. OCCUPANCY EXPECTED IN IFI LAND AT SAME TIME IS 200. PHASE 1: CONSTRUCTION OF DAY CARE CENTRE FUTURE PHASES WILL INCLUDE CONSTRUCTION OF ISLAMIC CENTER AND COMMUNITY CENTER. Page 47 of 169 7.= (Ej ,010,11,00 VL mvos AV Arma9eara 0S3Z Z:13±NIE0 32:1V3AVCI 011A1V-ISI 1}1,11.1 .94 4,04 ISLAMIC DAYCARE CENTER z 0 17- LLJ w z 0 F2250 RIDGEWAY AVE_ 1,4.32,111VM ARE CENTER ISLAMIC DAYCARE CENTER 2250 RIOGERWAY AV 12250 RIDGERWAY AVE. 11.1.11,11.111,, .1..1.111,PA LW F - z 1_11 0 0 ›- 0 CO EXISTING GRAVEL ROAD ,01,11h1.0 '5,1:E=T7 .0.0014100 /007700- CP.1 .0-, V 'IOAV V AVM30)0121 OSZZ 2:1311\133 321VOAV4 01INV1S1 L.L.1 z uJ uJ c.) —J Cl_ 00-z z LLFT SCALE: 3/16. ls0" gE;:i . . 1 q 1 .s; 5 4 FA' A „ • I JANITOR CLOSET :-. 4. ,..., IM . § , ',.-. Z 111 r : a 8 = C,.. , . . . ' ? " ",2' '; .1', .Y ti '', 2 Lcu" 6 iN eTa '',, – ..,:, Xe 717— '''.:, , , ". o ,_ ,,,,,, ;',41 ., ..-, , ••...',.4. ,.,,, b 1-,„.„,,,- _ ::,' '-' .. „--) OE `8' 1,! •- t,;-,, ,• ... c9. ;A ...'„ 2 ONERFT0.:A ROOM .", ..,. ..,2. ., .9" ..., d 5. ,,. .... 3.8 0 .` : 1.11111111LLEIMI ,.,?., , en ,4-12 L.L.1 z uJ uJ c.) —J Cl_ 00-z z LLFT SCALE: 3/16. ls0" gE;:i APPLICATION FOR REZONING CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION WATERLOO, IOWA 319.291.4366 1. APPLICATION INFORMATION: a. Applicant's name (please print): i Yn 1,„i. e_Nn q•' Address: jo 5 nci rts s e Phone: 31 _ g 3 z_35 Fax: City: gyp-}�,✓G k1S State: 'LA Zip: S,., .S 1 b. Status of applicant: (a) Owner (b) Other y (CHECK ONE): If other explain: pyre. s c. Property owner's name if different than above (please print): Address: -J el K,,, Phone: '3 '� �'j . Fax: City: 4.trai 1b State: A Zip: 5, -7,1 2. PROPERTY INFORMATION: a. General location of property to be rezoned: we...s o \ id3e..uAco1 b. Legal description of property to be rezoned: Tn Irk 51N c* 4 5E C0Y vee ;%. \ti 415 t-& .r 1.J 7.90 fee* E 47C fee. f i 1,30 f - ?aisrlf uk 15z50Ni7i„'.515e," 32/".1'Reif g I . c. Dimensions of Proposed Zoning Boundary (Excluding Right of Way): -70 I 75 d. Area of Proposed Zoning Boundary (Excluding Right of Way): '. P A es e. Current zoning: A,rry — z , p Requested zoning: l)3 h f. Reason(s) for rezoning and proposed use(s) of property: -r rs p ., s, . r (, y11 re, id a . f y Det c r V i-. r i ; i a, 51 - aid d 4aiddtsuha� .Sv„,s, �uun�K C avvn.�vw�s +l r�ti @✓ kn .it\�I�2 y\ -� P 1(n c es \ 1^ Ch ,A,A dei v4 s Conditions (if any) agreed to: g. h. Other pertinent information (use reverse side if necessary): �.�, ,,uy 'i,,,, i , j e�� tt - Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process (separate from rezone request). The filing fee of $300 + $10 per acre ($750 max) (payable to the City of Waterloo) is required (round amount down to nearest $10 increment). This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process, with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning, Programming, and Zoning Commission until four (4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the property in question in regards to the request. Signature of Applicant Date Signature of Oder Date ?Ve5►ae\n't- Page 50 of 169 CITY OF WATERLOO Council Communication Project Addendum to Agreement for Residential Housing Construction with Hawkeye Community College, authorizing the sale and conveyance of Lots 12 and 13 in Block 1 of Manson's Second Addition to Hawkeye Community College. City Council Meeting: 10/16/2017 Prepared: 10/11/2017 REVIEWERS: Department Planning & Zoning Clerk Office Reviewer Schroeder, Aric Even, LeAnn ATTACHMENTS: Description ❑ Addendum D 28E City & Hawkeye agreement SUBJECT: Submitted by: Recommended Action: Summary Statement: Action Approved Approved Type Backup Material Backup Material Date 10/11/2017 - 9:48 AM 10/11/2017 - 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. Resolution approving the Project Addendum to Agreement for Residential Housing Construction, and authorize the Mayor and City Clerk to execute said document. Resolution authorizing the sale and conveyance of certain tracts of land, known as lots 12 & 13 in Block 1 of Manson's Second Addition in accordance with a Project Addendum to the Agreement for Residential Housing Construction with Hawkeye Community College, and authorizing the Mayor and City Clerk to execute necessary documents. Submitted By: Noel Anderson, Community Planning & Development Director Approve document The agreement is an addendum to the previously approved 28E agreement with Hawkeye Community College, and will provide for the City to convey two lots in the 200 block of Newell Street and allow Hawkeye to construct student constructed housing on the lots. The Lots will be conveyed back to the City after construction is complete in exchange for the cost of materials actually incurred by the college. The City will then be able to sell the homes. The agreement benefits both the City and Hawkeye's vocational and technical training education programs. Supplemental council action will still need to take place to agree on the project designs, plans and specifications, and a not -to -exceed budget for the Page 51 of 169 Expenditure Required: project. This action would be needed before Hawkeye would begin construction on either home. None at the present time. Once the houses are completed the property will be deeded back to the City of Waterloo at a to be determined cost that will be based on the actual cost of materials incurred by Hawkeye to build the homes. Source of Funds: Bonds Policy Issue: Strategic goals 1, 3, and 4 for economic development of the area. Alternative: Not approve Background Information: Legal Descriptions: The City of Waterloo previously approved a 28E Agreement to partner with Hawkeye Community College to build homes, and would like to approve the first project addendum to identify the first two lots that Hawkeye would build homes on. Hawkeye Community College will utilize existing City owned lots to create additional housing opportunities for the City of Waterloo, and expand the educational experience of students enrolled within their vocational & technical education programs. Lots 12 and 13, Block 1, Manson's Second Addition, City of Waterloo, Iowa. Page 52 of 169 PROJECT ADDENDUM TO AGREEMENT FOR RESIDENTIAL HOUSING CONSTRUCTION This instrument is an addendum (the "Addendum") to that certain Chapter 28E Agreement - Agreement for Residential Housing Construction (the "Agreement") dated August 21, 2017, by and between City of Waterloo, Iowa ("City") and Hawkeye Community College ("College"), previously recorded as Doc. No. 2018-00004311. This Addendum shall be effective when executed by both parties. WHEREAS, the parties have identified a Project site in the 200 block of Newell Street, as described on Exhibit "A" attached hereto (the "Property"), and desire to set forth the terms by which they will undertake the Project; NOW, THEREFORE, in consideration of the mutual promises set forth herein, the parties hereby agree as follows: 1. Within thirty (30) days after execution of this Addendum by both parties, City will convey the Property to College by general warranty deed. 2. Acting with appropriate diligence hereafter, the parties will agree on Project designs, plans and specifications (the "Plans") and a not -to -exceed budget for the Project. 3. This Addendum is subject to all terms, covenants, conditions, and restrictions set forth in the Agreement; provided, however, that to the extent of any conflict between this Addendum and the Agreement, the terms of this Addendum shall prevail. Except as modified herein, the Agreement shall continue in full force and effect. Capitalized terms used but not defined herein shall have the meaning ascribed to them in the Agreement. The Agreement and this Addendum shall inure to the benefit of and be binding upon the parties and their respective successors and assigns. IN WITNESS WHEREOF, the parties have executed this Project Addendum to Chapter 28E Agreement - Agreement for Residential Housing Construction by their duly authorized representatives. HAWKEYE COMMUNITY COLLEGE CITY OF WATERLOO, IOWA By: By: Board President Quentin M. Hart, Mayor By: By: Board Secretary Kelley Felchle, City Clerk Dated: Dated: Page 53 of 169 EXHIBIT "A" Property Description Parcel no. 8913-13-382-010, legally described as: Lot 12, Block 1, Manson's Second Addition, City of Waterloo, Iowa. Parcel no. 8913-13-382-011, legally described as: Lot 13, Block 1, Manson's Second Addition, City of Waterloo, Iowa. Page 54 of 169 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 55 of 169 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 56 of 169 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 57 of 169 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 58 of 169 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 59 of 169 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 60 of 169 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 61 of 169 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 62 of 169 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 63 of 169 CITY OF WATERLOO Council Communication Asbestos abatement services for 222 Walnut Street. City Council Meeting: 10/16/2017 Prepared: 9/6/2016 REVIEWERS: Department Reviewer Action Date Planning & Zoning Schroeder, Aric Approved 10/11/2017 - 11:02 AM Clerk Office Even, LeAnn Approved 10/11/2017 - 12:09 PM ATTACHMENTS: Description Type D 222 Walnut Street Property Report Cover Memo D Asbestos Survey Report Cover Memo D Asbestos Survey Report Cover Memo D Bid Tab Backup Material SUBJECT: Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive and file and instruct the City Clerk to read bids. Resolution awarding asbestos abatement services bid to Advanced Environmental of Waterloo, Iowa in the amount of $3,400 for asbestos removal services at 222 Walnut Street, and approving the contract, bonds, and certificate of insurance, and instruct the Mayor and City Clerk to execute said documents. Submitted by: Submitted By: Noel Anderson -Community Planning and Development Director Recommended Action: Approval Expenditure Required: Unknown Source of Funds: Nuisance Policy Issue: Redevelopment Page 64 of 169 9/13/2017 Printable Map Output Page 65 of 169 Black Hawk County Parcel Map Parcel ID. 8913-24-308-006 Deed Holder: CHRISTIAN COMMUNITY DEVELOPMENT Parcel Address: 222 WALNUT ST, WATERLOO, IA 50703 @SLa end Beeted a pareeldlm reew,ea roaaname hospital Aerial Photos alrpan Black Hawk Co. - Bredepl park._ parks IwpmB ,`k Wllroads Township* „.' Beckons Water QPanetta Township City Uses rallraad_d'm rrna me roaddim wamrn.me a r... L, I �� ... !a rfl 2," r 3 • Map created with Ar�.sh1s ro A.'Z7/ .r /� '.. • I '4 Copyright '.�, - i `•, -. . 1 I 70 L' d.W ,. " ` lint e^ it .W I ll ,; I ti, •� ° �r� - ' 50ia�rFj... .. ' . r� a °..: . l ' �`-. "w,�A .\- 11' .. rte ^A a ,Y' r+ i F ICI 1992.24:11 [SRI Ins.' * I , 86 f Lot. , ' . Black Hawk County, Iowa 316 East 5th Street Waterloo, Iowa 50703-4774 Phone: (319) 833-3002 Fax: (319) 833-3070 E-mail: auditor(o7co.black-hawk.ia.us.orq_ including for information. Map Disclaimer: This map does not represent a survey. No liability is assumed for the accuracy of the data delineated herein, either expressed or implied by Black Hawk County, the Black Hawk County Assessor or their employees. This map is compiled from official records, plats, surveys, recorded deeds, and contracts, and only contains information required local government purposes. See the recorded documents for more detailed legal Page 65 of 169 9/13/2017 Black Hawk County Detailed Parcel Report BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION Parcel ID 8913-24-308-006 PDF No. Map Area Deed Holder Tax Mail to Address CHRISTIAN COMMUNITY DEVELOPMENT CHRISTIAN COMMUNITY DEVELOPMENT 306 WALNUT ST WATERLOO, IA 50703-0000 Contract Buyer 15 E WATERLOO - 100% MR Property Address 222 WALNUT ST WATERLOO, IA 50703-1196 Current Recorded Transfer Recorded Document Type D Date Drawn 6/5/2013 Date Filed 6/7/2013 2013 025485 SALES Date 9/9/1994 Amount 65,548 NUTC/T •e SALE TO/BY EXEMPT ORGANIZATION - PRIOR 091 Contract BUILDING PERMIT Date 12/2/2013 Number Amount Reason WA 08467 1,800 Misc 5/17/2012 WA 02523 12,000 Misc 7/10/2009 WA 04274 98,898 Int -Remodel 4/17/2000 WA 0639 2,150 Int -Remodel ASSESSED VALUES/CREDITS ear 017 axable alue Land 0 Multi -Residential Land 7,500 Class Dwelling Building otal • cres 287,840 0 95,340 0 Land Multi -Residential Land 0 6,469 Dwelling Building Total 287,840 0 294,309 Year 2016 Class E 100% Value Taxable Value Land Multi -Residential Land Dwelling Building Total Acres 0 Land 7,500 Multi -Residential and 287,840 Dwelling 295,340 Building 0 Total 0 ,6,469 287,840 0 294,309 Year Class 2015 100% Value Taxable Value Land Multi -Residential Land E Dwelling 0 7,500 287,840 Building 'otal 0 Acres 95,340 0 Land Multi -Residential Land Dwelling Building Total 6,469 287,840 294,309 TAX INFORMATION ASSESSMENT YEAR 2016 PAYABLE 2017/2018 � ,.._ Tax District 941311 - WATERLOO LOGAN UR AMD1 TIF Gross Value Taxable Value Military Exemption Levy Rate Gross Tax Net Tax Corp 0 0 0 40.33157 $0.00 $0.00 Nocorp 0 0 0 0 $0.00 Homestead Credit Disabled Veteran Credit Property Tax Relief Credit Ag Credit Business Property Tax Credit Corp Nocorp $0.00 $0.00 $0,00 $0.00 $0.00 $0.00 LEGAL http:!/www2.co.black-hawk.ia.us/website/bhmap/bh RepDet.asp7apn.891324308006 Page 66 of 1693 9/13/2017 Black Hawk County Detailed Parcel Report [COOLEY ADDITION LOT 17 BLK 64 LAND Basis Front Rear Side 1 2 Lot Area Acres Front Foot 60 60 140 _Side 140 0 8400 0.193 Totals: 8400 0.193 COMMERCIAL BUILDINGS AND ADDITIONS Type Apartment Additional Information Plumbing Description BLDG 1 Style Brick Veneer + Bsmt Units 8 Base Square Feet 3,008 Basement Square Feet 3,008 GBA Square Feet 6016 fI3-Fixture Bathroom Adjustment Extras Item oilet Room Sink -Kitchen Item Year Buil 1929 Area 3008.2 Stories Quantity 9 1 9 Bsmt Fin - apartments 1C deduct Description Quantity 659 Item Count Extended Description 6016 OPEN BSMT ENTRY 1 Quantity=40.00, Units=Square Feet, Height=0 2S FR OP 1 Quantity=36.00, Units=Square Feet, Height=0 Verticals & Horizontals Porch (Commercial) Description 36 SF, Porch, Low Pricing Size Ftr & Fdtn C'Blk or Tile Ftr & Fdtn Concrete Exterior Wall Brick Veneer 0: LF Interior Wall Plaster on Metal 0: LF 0: LF 0: LF Wall Facing Incl. w / Walls Windows Wood Casement 0: SF 0: LF of Wall Windows Aluminum Casement 0: LF of Wall Fronts/Doors Incl. w / Base 0: LF Basement Excavation, Floor, Li 0: SF Roof 3 -Ply Compo/ Wood Deck Ceiling Plaster and Lath Struct. Floor Concrete 0: SF 0: SF/Story 0: SF Floor Cover Caret Floor Cover Asphalt Tile Partitions Apartment 0: SF 0: SF 0: P/Unit Framing Wood - Light HVAC Forced Hot Air 0: SF 0: SF Lighting Apartment p: SF !Entry Status: Inspected http:llwww2.co.black-hawk. ia.us/website/bhmap/bhRepDet.asp?apn=891324308006 Page 67 of 1693 9/13/2017 Black Hawk County Detailed Parcel Report FR BSMT ENT [36] 2S FR OP [36] OPEN B ENT [40] BLOC 1 [3008] Date Website Last Updated: 09/08/2017 httpalwww2. co.black-hawk.ia. uslwebsitelbhmaplbhRep Det.a sp?apn=891324308006 Page 68 of 169 3/3 ENVIRONMENTAL TESTING LABORATORIES, INC. 38900 HURON RIVER DRIVE, SUITE 200 ROMULUS, MICHIGAN 48174 (734) 955-6600 FAx: (734) 955-6604 To : Hawkeye Environmental 814 Wood Lily Rd Solon, IA 52333 Attention : Steve Henneberry Project Location : 222 Walnut St. Waterloo, IA Client Project : N/A ETC Job : 198352 Report Date : 9/18/2017 Login # Sample ID Work Requested Completed 609636 01 Asbestos Analysis 09/18/2017 609637 02 Asbestos Analysis 09/18/2017 609638 03 Asbestos Analysis 09/18/2017 609639 04 Asbestos Analysis 09/18/2017 609640 05 Asbestos Analysis 09/18/2017 609641 06 Asbestos Analysis 09/18/2017 609642 07 Asbestos Analysis 09/18/2017 609643 08 Asbestos Analysis 09/18/2017 609644 09 Asbestos Analysis 09/18/2017 609645 010 Asbestos Analysis 09/18/2017 609646 011 Asbestos Analysis 09/18/2017 609647 012 Asbestos Analysis 09/18/2017 609648 013 Asbestos Analysis 09/18/2017 609649 014 Asbestos Analysis 09/18/2017 609650 015 Asbestos Analysis 09/18/2017 609651 016 Asbestos Analysis 09/18/2017 609652 017 Asbestos Analysis 09/18/2017 609653 018 Asbestos Analysis 09/18/2017 609654 019 Asbestos Analysis 09/18/2017 609655 020 Asbestos Analysis 09/18/2017 This report is intended for use solely by the individual or entity to which it is addressed. This report may not be used by the client to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal Government. It may contain information that is privileged, confidential and otherwise exempt by law from disclosure. If the reader of this information is not the intended recipient or an employee of its intended Page 1 Of 7 recipient, you are herewith notified that any dissemination, distribution or copying of this information is strictly prohibited. If you have receivOathde 69 of 169 information in error, please notify ETL immediately. Thank you. Client Project : N/A ETC Job: 198352 Report Date : 9/18/2017 Login # Sample ID Work Requested Completed 609656 021 Asbestos Analysis 09/18/2017 609657 022 Asbestos Analysis 09/18/2017 609658 023 Asbestos Analysis 09/18/2017 609659 024 Asbestos Analysis 09/18/2017 609660 025 Asbestos Analysis 09/18/2017 609661 026 Asbestos Analysis 09/18/2017 609662 027 Asbestos Analysis 09/18/2017 609663 028 Asbestos Analysis 09/18/2017 Reviewed by: Quality Assurance Coordinator This report is intended for use solely by the individual or certification, approval, or endorsement by NVLAP, NIST, confidential and otherwise exempt by law from disclosure. recipient, you are herewith notified that any dissemination, information in error, please notify ETL immediately. Thank you. entity to which it is addressed. This report may not be used by the client to claim product or any agency of the Federal Government. It may contain information that is privileged, If the reader of this information is not the intended recipient or an employee of its intended Page 2 Of 7 distribution or copying of this information is strictly prohibited. If you have receiv0 Sh1se 70 of 1 69 H V LTJ !N'LaP LnBCVUE .10,5-11 Certificate of Analysis Environmental Testing Laboratories, Inc. 38900 Huron River Drive, Suite 200, Romulus, Michigan 48174, (734) 955-6600, Fax: (734) 955-6604 Polarized Light Microscopy Asbestos Analysis Report To : Hawkeye Environmental 814 Wood Lily Rd Solon,IA 52333 Location : 222 Walnut St. Waterloo, IA ETC Job : 198352 Client Project : N/A Date Collected : 09/15/2017 Date Received : 09/15/2017 Date Analyzed : 09/18/2017 Sample Description Appearance % Fibrous % Non -Fibrous % Asbestos 609636 01 Basement Analyst: OJ Ivey Mud White Non -Fibrous Homogenous 5% Cellulose 63% Other 2% Amosite 30% Chrysotile 609637 02 Basement Analyst: OJ Ivey Mud White Non -Fibrous Homogenous 3% Cellulose 43% Other 4% Amosite 50% Chrysotile 609638 03 Basement Analyst: OJ Ivey Mud White Non -Fibrous Homogenous 2% Cellulose 46% Other 50% Chrysotile 2% Amosite 609639 04 Basement Analyst: OJ Ivey Corrugated Paper White Non -Fibrous Homogenous 10% Cellulose 20% Other 70% Chrysotile 609640 05 Basement Analyst: OJ Ivey Corrugated Paper White Non -Fibrous Homogenous 10% Cellulose 25% Other 65% Chrysotile 609641 06 Basement Analyst: OJ Ivey Corrugated Paper White Non -Fibrous Homogenous 10% Cellulose 35% Other 55% Chrysotile 609642 07 Basement Analyst: OJ Ivey Drywall White Non -Fibrous Homogenous 3% Cellulose 97% Other None Detected ETL, Inc. maintains liability limited to cost of analysis. This report relates only to the samples reported and may not be reproduced without written approval by ETL, Inc. Test Method EPA 600/R-93-116 & EPA 600/M4-82/020 or NYSDOH-ELAP item 198.1 and/or 198.6 was used to analyze all samples. Matrix interference and/or resolution limits (i.e. detecting asbestos in non -friable organically bound materials) may yield false results in certain circumstances. Quantitative transmission electron microscopy (TEM) is currently the only method that can pronounce materials as non -asbestos containing. Interpretation and use of test results are the responsibility of the client. ETL, Inc. is not responsible for the accuracy of the results when requested to physically separate and analyze layered samples. Any PLM results below 10% should be re -analyzed using the EPA recommended Point Count method. Any material that has greater than 1% asbestos content is considered to be an Asbestos Containing Material (ACM). These materials are regulated by both OSHA and the EPA and must be treated accordingly. Results are related to only to samples that were tested. Page 3 of 7 Page 71 of 169 F cO Certificate of Analysis Environmental Testing Laboratories, Inc. 38900 Huron River Drive, Suite 200, Romulus, Michigan 48174, (734)955-6600, Fax: (734) 955-6604 Polarized Light Microscopy Asbestos Analysis Report To : Hawkeye Environmental 814 Wood Lily Rd Solon,IA 52333 Location : 222 Walnut St. Waterloo, IA ETC Job : 198352 Client Project : N/A Date Collected : 09/15/2017 Date Received : 09/15/2017 Date Analyzed : 09/18/2017 Sample Description Appearance % Fibrous % Non -Fibrous % Asbestos 609643 08 Basement Analyst: OJ Ivey Drywall White Non -Fibrous Homogenous 7% Cellulose 93% Other None Detected 609644 09 Basement Analyst: OJ Ivey Drywall White Non -Fibrous Homogenous 10% Cellulose 90% Other None Detected 609645 010 Basement Analyst: OJ Ivey Plaster Yellow Non -Fibrous Homogenous 4% Cellulose 96% Other None Detected 609646 011 Upper Hall Analyst: OJ Ivey Plaster Yellow Non -Fibrous Homogenous 2% Cellulose 98% Other None Detected 609647 012 Upper Hall Analyst: OJ Ivey Plaster Yellow Non -Fibrous Homogenous 3% Cellulose 97% Other None Detected 609648 013 Apt 3 Kitchen Analyst: OJ Ivey Plaster Cream Non -Fibrous Homogenous 2% Mineral wool 15% Cellulose 83% Other None Detected 609649 014 Upper Hall Analyst: OJ Ivey Plaster Cream Non -Fibrous Homogenous 3% Mineral wool 10% Cellulose 87% Other None Detected ETL, Inc. maintains liability limited to cost of analysis. This report relates only to the samples reported and may not be reproduced without written approval by ETL, Inc. Test Method EPA 600/R-93-116 & EPA 600/M4-82/020 or NYSDOH-ELAP item 198.1 and/or 198.6 was used to analyze all samples. Matrix interference and/or resolution limits (i.e. detecting asbestos in non -friable organically bound materials) may yield false results in certain circumstances. Quantitative transmission electron microscopy (TEM) is currently the only method that can pronounce materials as non -asbestos containing. Interpretation and use of test results are the responsibility of the client. ETL, Inc. is not responsible for the accuracy of the results when requested to physically separate and analyze layered samples. Any PLM results below 10% should be re -analyzed using the EPA recommended Point Count method. Any material that has greater than 1% asbestos content is considered to be an Asbestos Containing Material (ACM). These materials are regulated by both OSHA and the EPA and must be treated accordingly. Results are related to only to samples that were tested. Page 4 of 7 Page 72 of 169 H V LTJ !N'LaP LnBCVUE .10,5-11 Certificate of Analysis Environmental Testing Laboratories, Inc. 38900 Huron River Drive, Suite 200, Romulus, Michigan 48174, (734) 955-6600, Fax: (734) 955-6604 Polarized Light Microscopy Asbestos Analysis Report To : Hawkeye Environmental 814 Wood Lily Rd Solon,IA 52333 Location : 222 Walnut St. Waterloo, IA ETC Job : 198352 Client Project : N/A Date Collected : 09/15/2017 Date Received : 09/15/2017 Date Analyzed : 09/18/2017 Sample Description Appearance % Fibrous % Non -Fibrous % Asbestos 609650 015 Apt 4 Bathroom Analyst: OJ Ivey Plaster Cream Non -Fibrous Homogenous 8% Cellulose 3% Mineral wool 89% Other None Detected 609651 016 Lower Hall Analyst: OJ Ivey Linoleum Green Non -Fibrous Homogenous 3% Mineral wool 10% Cellulose 87% Other None Detected 609652 017 Apt 8 Kitchen Analyst: OJ Ivey Linoleum Green Non -Fibrous Homogenous 5% Cellulose 10% Mineral wool 85% Other None Detected 609653 018 Basement Analyst: OJ Ivey Joint Compound White Non -Fibrous Homogenous 3% Cellulose 97% Other None Detected 609654 019 Basement Analyst: OJ Ivey Joint Compound White Non -Fibrous Homogenous 2% Cellulose 98% Other None Detected 609655 020 Basement Analyst: OJ Ivey Joint Compound White Non -Fibrous Homogenous 1% Cellulose 99% Other None Detected ETL, Inc. maintains liability limited to cost of analysis. This report relates only to the samples reported and may not be reproduced without written approval by ETL, Inc. Test Method EPA 600/R-93-116 & EPA 600/M4-82/020 or NYSDOH-ELAP item 198.1 and/or 198.6 was used to analyze all samples. Matrix interference and/or resolution limits (i.e. detecting asbestos in non -friable organically bound materials) may yield false results in certain circumstances. Quantitative transmission electron microscopy (TEM) is currently the only method that can pronounce materials as non -asbestos containing. Interpretation and use of test results are the responsibility of the client. ETL, Inc. is not responsible for the accuracy of the results when requested to physically separate and analyze layered samples. Any PLM results below 10% should be re -analyzed using the EPA recommended Point Count method. Any material that has greater than 1% asbestos content is considered to be an Asbestos Containing Material (ACM). These materials are regulated by both OSHA and the EPA and must be treated accordingly. Results are related to only to samples that were tested. Page 5 of 7 Page 73 of 169 H V LTJ !N'LaP LnBCVUE .10,5-11 Certificate of Analysis Environmental Testing Laboratories, Inc. 38900 Huron River Drive, Suite 200, Romulus, Michigan 48174, (734) 955-6600, Fax: (734) 955-6604 Polarized Light Microscopy Asbestos Analysis Report To : Hawkeye Environmental 814 Wood Lily Rd Solon,IA 52333 Location : 222 Walnut St. Waterloo, IA ETC Job : 198352 Client Project : N/A Date Collected : 09/15/2017 Date Received : 09/15/2017 Date Analyzed : 09/18/2017 Sample Description Appearance % Fibrous % Non -Fibrous % Asbestos 609656 021 Basement Layer -1 Analyst: OJ Ivey 609656 021 Basement Layer -2 Analyst: OJ Ivey Floor Tile 9x9 Mastic Cream Non -Fibrous Homogenous Cream Non -Fibrous Homogenous 2% Cellulose 2% Cellulose 98% Other Trace Chrysotile 93% Other 5% Chrysotile 609657 022 Basement Analyst: OJ Ivey Floor Tile 9x9 Red Non -Fibrous Homogenous 4% Cellulose 94% Other 2% Chrysotile 609658 023 Apt 2 Analyst: OJ Ivey Floor Tile 12x12 Grey Non -Fibrous Homogenous 4% Cellulose 96% Other Trace Chrysotile 609659 024 Basement on Wall Analyst: OJ Ivey Paneling White Non -Fibrous Homogenous 70% Mineral wool 6% Cellulose 24% Other None Detected 609660 025 Basement Analyst: OJ Ivey Ceiling Panel 1x1 White Non -Fibrous Homogenous 20% Cellulose 60% Mineral wool 20% Other None Detected 609661 026 Basement Analyst: OJ Ivey Mastic Black Non -Fibrous Homogenous 6% Cellulose 89% Other 5% Chrysotile ETL, Inc. maintains liability limited to cost of analysis. This report relates only to the samples reported and may not be reproduced without written approval by ETL, Inc. Test Method EPA 600/R-93-116 & EPA 600/M4-82/020 or NYSDOH-ELAP item 198.1 and/or 198.6 was used to analyze all samples. Matrix interference and/or resolution limits (i.e. detecting asbestos in non -friable organically bound materials) may yield false results in certain circumstances. Quantitative transmission electron microscopy (TEM) is currently the only method that can pronounce materials as non -asbestos containing. Interpretation and use of test results are the responsibility of the client. ETL, Inc. is not responsible for the accuracy of the results when requested to physically separate and analyze layered samples. Any PLM results below 10% should be re -analyzed using the EPA recommended Point Count method. Any material that has greater than 1% asbestos content is considered to be an Asbestos Containing Material (ACM). These materials are regulated by both OSHA and the EPA and must be treated accordingly. Results are related to only to samples that were tested. Page 6 of 7 Page 74 of 169 H V LTJ !N'LaP LnBCVUE .10,5-11 Certificate of Analysis Environmental Testing Laboratories, Inc. 38900 Huron River Drive, Suite 200, Romulus, Michigan 48174, (734) 955-6600, Fax: (734) 955-6604 Polarized Light Microscopy Asbestos Analysis Report To : Hawkeye Environmental 814 Wood Lily Rd Solon,IA 52333 Location : 222 Walnut St. Waterloo, IA ETC Job : 198352 Client Project : N/A Date Collected : 09/15/2017 Date Received : 09/15/2017 Date Analyzed : 09/18/2017 Sample Description Appearance % Fibrous % Non -Fibrous % Asbestos 609662 027 Above Back Door Analyst: OJ Ivey Caulk Grey Non -Fibrous Homogenous 3% Cellulose 89% Other 8% Chrysotile 609663 028 Window Analyst: OJ Ivey Caulk White Non -Fibrous Homogenous 100% Other None Detected Lab Supervisor/Other Signatory 400 Point Count Results by EPA 600/R-93/116 PLM (denoted by "PC") Item 198.1: PLM Methods for Identifying and Quantitating Asbestos in Bulk Samples Item 198.6: PLM Methods for Identifying and Quantitating Asbestos in Non -Friable Organically Bound Bulk Samples EPA 600/R-93/116: Method for Determination of Asbestos in Bulk Building Materials EPA 600/M4-82-020: Interim Method for Determination of Asbestos in Bulk Insulation Samples Analyst: OJ Ivey ETL, Inc. maintains liability limited to cost of analysis. This report relates only to the samples reported and may not be reproduced without written approval by ETL, Inc. Test Method EPA 600/R-93-116 & EPA 600/M4-82/020 or NYSDOH-ELAP item 198.1 and/or 198.6 was used to analyze all samples. Matrix interference and/or resolution limits (i.e. detecting asbestos in non -friable organically bound materials) may yield false results in certain circumstances. Quantitative transmission electron microscopy (TEM) is currently the only method that can pronounce materials as non -asbestos containing. Interpretation and use of test results are the responsibility of the client. ETL, Inc. is not responsible for the accuracy of the results when requested to physically separate and analyze layered samples. Any PLM results below 10% should be re -analyzed using the EPA recommended Point Count method. Any material that has greater than 1% asbestos content is considered to be an Asbestos Containing Material (ACM). These materials are regulated by both OSHA and the EPA and must be treated accordingly. Results are related to only to samples that were tested. Page 7 of 7 Page 75 of 169 ENVIRONMENTAL TESTING LABORATORIES, INC 38900 HURON RIVER DRIVE ROMULUS, MICHIGAN 48174 (734) 955-6600 FAX: (734) 992.2261 www.2et corn Bulk Asbestos Chain of Custody ETL Project #: Client: Hawkeye Environmental Contact: Pct Location/nam -: , __, r--- COO, ,17w,ti \ 44, air�.oci Phone: Steve Henneberry Address: 814 Wood Lily Road, Solon , IA 52333 Fax: 319-333-7420 erne E-mail: Client Project #: Please Provide Results: o Email o Fax ❑ Ver9MilEceyeEnv.com Date Sampled: Turnaround Time (TAT): ❑ RUSH II Same Day 24 hr ❑ 48 hr ndard (3+ days) 0 Other PLM Instructions (Check all that apply) `ALM EPA600/R-93/116, 1993 (Standard method) ❑ Stop at 1st Positive - Clearly mark Homogenous Group a FintCounting: 400 Points* ❑ PLM Non -Building Material (Dust, Wipe, Tape) o Soil or Vermiculite Analysis * "Additional chafe and turnaround may be required Lab ID Sample ID 7 •. Material I Location Material Description erne 6M44j0 0 1 1 i-L:N,'NJ c %J ) /7 amlpm Stereoscopical Analysis (NameIETL): /) 7 0 z r q — / S bac-Q-(1,-0 t5tAfY``-e. viA-u cA Sample Login (NameIETL): '3U 6 " iJ AGS l r *2 MO- CL Analysis (NameJETL): amlpm QA/OC Review (NameiETL)-- 11 ? 06- ' ,pry E„..s . cj e,..,, JL4- - C.�,zi € I ? dte_ _ Li I D (Q Pi e-21 t t$ c49/4g A -14 ci f• ID u t t.) I e. Li 5 U DA:iLod O .I lsL,+dt- l Gekirk ( J 010„,Ft ',z T t- iMQ.91.4 V ! .” e ktcruO it 1A. C lam] \ 0 12. l`4 0 i `-VVA .e.vt- (. w 1, .A a 1 e t6(A) A c --t icy a, Time Relinquished (Name/Organization): 7 •. S'- i ci- t 7 ? erne Received (NamelETL): ( 1 Hawkeye Environmental c %J ) /7 amlpm Stereoscopical Analysis (NameIETL): a\',./ `7f r q — / S `7 7-: Y Y a,.(_ ��) Sample Login (NameIETL): tf" amlpm Analysis (NameJETL): amlpm QA/OC Review (NameiETL)-- am/pm. Special Instructions: Remarks Form ETL200: Chain of Custody; Revision A Page G of g• Page 76 of 169 ENVIRONMENTAL TESTING LABORATORIES, INC 38900 HURON RIVER DRIVE ROMULUS, MICHIGAN 48174 C734) 985-6600 PAX: (734) 992.2261 wwwcom Addition! Pages of the Chain of Custody are only necessary if needed for additional sample information I nI, In Sulk Asbestos Chain of Custody Form ETL206: Chain of Custody; Revision A Page 2 of 2. Page 77 of 169 ASBESTOS ABATEMENT 222 WALNUT STREET Bid Tab: October 12, 2017 Estimate: 5,500 Bidder Bid Security Bid Amount AAA Budget Environmental Inc. Monticello, IA Rejected Wrong Property Submitted bid from 10/4/17 bid opening Advanced Environmental Waterloo, IA ° 5 �0 S3,400 ECCO Midwest, Inc. Hastings, MN 5% S7,777 Active Thermal Concepts Hiawatha, IA ° 5 �0 S5,250 Page 78 of 169 CITY OF WATERLOO Council Communication Resolution approving a permanent easement agreement with Kwik Trip, Inc. for the purpose of allowing a storm sewer easement on City property located west of 2010 W. Ridgeway Avenue, and authorize the Mayor and City Clerk to execute said agreement. City Council Meeting: 10/16/2017 Prepared: 10/11/2017 REVIEWERS: Department Reviewer Action Date Planning & Zoning Schroeder, Aric Approved 10/11/2017 - 9:45 AM Clerk Office Even, LeAnn Approved 10/11/2017 - 12:35 PM ATTACHMENTS: Description Type ❑ Plat of Easement Backup Material D Storm Sewer Easement - Waterloo Backup Material SUBJECT: Submitted by: Resolution approving a permanent easement agreement with Kwik Trip, Inc. for the purpose of allowing a storm sewer easement on City property located west of 2010 W. Ridgeway Avenue, and authorize the Mayor and City Clerk to execute said agreement. Submitted By: Noel Anderson, Community Planning and Development Director Recommended Action: Approve resolution. Transmitted herewith is a request by the City of Waterloo to accept a certain permanent easement agreement with Kwik Trip, Inc to allow for Kwik Trip, Inc to locate their storm sewer line on City property located west of 2010 W Ridgeway Avenue. The easement will be retained in, to, upon, over, across and beneath the property. Summary Statement: City Council approved a development agreement with Kwik Trip Inc for the construction of a blending station near the location of the easement. Please see the attached permanent easement agreement and plat of easement. Expenditure Required: None Source of Funds: N/A Policy Issue: Strategic goals 1, 3, and 4 for economic development of the area. Alternative: N/A Page 79 of 169 Background Information: N/A Legal Descriptions: See attached plat of easement Page 80 of 169 INDEX LEGEND General Description: Port of the SE 1/4, Sec. 32—TB9N—R13W, Surveyor: David L. Scheil (16775) Surveying Company: Wayne Claassen Engineering & Surveying, Inc. 2705 University Avenue (P.O. Box 898) Waterloo, Iowa 50704 (319)235-6294 Survey Requested By: Kwik Trip, Inc, Proprietor: City of Waterloo For County Recorder's use. PLAT OF EASEMENT 20.00' STORM SEWER EASEMENT LEGAL DESCRIPTION 20.00' STORM SEWER EASEMENT SHEET 1 OF An Easement for storm sewer purposes over, under and across 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. Said Easement is Twenty (20.00) feet wide lying Ten (10.00) feet on each side of the following described centerline: Commencing 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 Four Hundred Eighty—seven and Fifty—two Hundredths (487.52) feet to the point of beginning; thence S89'10'24"W One Hundred Sixty—four and Twenty—five Hundredths (164.25) feet; thence N41'08'0814 Sixty (60.00) feet to the point of termination. The side lines of said easement shall be lengthened and/or shortened as needed to provide a continuous strip. C E S NOTES: 1. The basis of bearings for this Plat of Survey is the South line of the SE 1/4 assigned a bearing of S89'10'37"W as per Iowa State Plane Coordinate System, North Zone. FIELD BOOK 718-56 CERTIFICATION I hereby certify that this land surveying document was prepared and the related \`��—�.;,_ survey work was performed by me or under my direct personal supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Iowa. ��.LICENSED -0: 16775 ' rt = iZ p= : IOWA }O_ Signature: �" A.,..-•• tg Davfd L Schell, P.L.S. a Date. �- U� r p �sl%/ •--'•--•"-�.���\ �L-� 20 ti License No 16775 ,SAL 0...;;;, ,L=•$a©' Pages or Sheets Covered by this Seal- 2 :4.0211-4-.L. i d d,/Fffldl1,11.[ti'.[1��` My license renewal date is December 31, 2018 ON 1113 S3D a, m ra m Paye 81 u 69 WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC. P.O. BOX 898 WATERLOO, IOWA 50704-0898 PHONE: (VOICE) 319-235-6294 (FAX) 319-235-0028 100 1 INCH = 100 FEET PLAT OF EASEMENT 20.00' STORM SEWER EASEMENT PART OF THE SE 1/4, SEC. 32-T89N-R13W, WATERLOO, BLACK HAWK COUNTY, IOWA SURVEY FOR: KWIK TRIP, INC. PROPRIETOR: CITY Of WATERLOO (S3RivA AVM--JO-1H910 Od02i N112jWW .LL'999-M.00,OO.QOS 0 F= o6 O Y 0 CO CO ,00'099-3.01r$4.00N C (,Z SYB4-M.££, 64 L)0 N) (411° Sew - z U ce• z IX in 0 0 U D Ev, 10 i o'w—aoo.00') a' Na lN O) N CO I Li co KN N O C"'•••2' Z Z [j°�U (J.)Ute) Nv�i q 0 w N 0 SHEET 2 OFT;...\\ 3 0, �rn 04 I s n zo Q M oN'cm z ON 31lJ S33 ag 32 of -169 UTILITIES EASEMENT For good and valuable consideration, the receipt of which is hereby acknowledged, the City of Waterloo, an Iowa municipality ( "Grantor") grants and conveys to Kwik Trip, Inc., a Wisconsin corporation ("Grantee"), a permanent non-exclusive utilities easement, legally described on attached Exhibit A-1 and depicted on attached Exhibit A-2 ("Easement Property"). 1. Grantor hereby grants and conveys to Grantee, for the benefit of the Grantee's property, a permanent non-exclusive utilities easement over, under and across the Easement Property to allow Grantee to install, maintain, operate, supplement and/or remove storm sewer facilities, including the necessary underground and above -ground associated facilities, accessories and appurtenances in and through the Easement Property, together with the right to enter upon the Easement Property purposes. THIS SPACE RESERVED FOR RECORDING DATA Return to: Kwik Trip, Inc., Attn: Legal Department P. 0. Box 2107 La Crosse, WI 54602-2107 P.I.N. 8913-32-476-010 as may be necessary for such 2. Grantor shall deliver possession of the Easement Property to Grantee "as -is, where is" without any representation or warranty as to the condition of the same. Grantor shall have no duty to prepare the Easement Property in any way for Grantee's use. Following the grant of this Easement, Grantor shall have no further duty or obligation with respect to the Easement Property, except as set forth herein. Any activities conducted on the Easement Property by Grantor, its employees or agents, will not damage or disturb Grantee's facilities, and the Grantor will repair any damage thereto caused by the activities of Grantor, its employees or agents. 3. Grantee will construct, maintain and operate the facilities in and upon the Easement Property in accordance with all federal, state and local laws and regulations, and a standard of reasonable care. Any disturbance of the soil on the Easement Property shall be done in accordance with applicable laws and regulations. 4. No building or other structure shall be permitted on or within the Easement Property, and no other use shall be made of the Easement Property that interferes with the exercise of the Grantee's rights. Page 83 of 169 5. Following any entry upon the Easement Property by the Grantee or its contractors for the purposes set forth in Paragraph 1 above, the Grantee shall cause the surface to be restored to the condition existing prior to such entry to the extent reasonably possible. 6. Grantor warrants that it has good title to the Easement Property and full right and authority to grant the foregoing easement. 7. This Easement shall run with the land and be binding on, and inure to the benefit of, the assigns and successors in interest of Grantor and Grantee. [Signature pages to follow] Page 84 of 169 Dated: Dated: GRANTOR: CITY OF WATERLOO , 2017. By: Its: , 2017. By: Its: STATE OF COUNTY OF ) ss. ) I, the undersigned, a Notary Public in and for said County, in said State, hereby certifies that , of the City of Waterloo, an Iowa municipality, signed the foregoing instrument, and who is known to me, acknowledged before me on this date that, being informed of the contents of the instrument, he/she executed the same voluntarily. Dated this day of , 2017. STATE OF COUNTY OF ) ) ss. ) Notary Public State of My Commission: , County of I, the undersigned, a Notary Public in and for said County, in said State, hereby certifies that , of the City of Waterloo, an Iowa municipality, signed the foregoing instrument, and who is known to me, acknowledged before me on this date that, being informed of the contents of the instrument, he/she executed the same voluntarily. Dated this day of , 2017. Notary Public State of My Commission: , County of Page 85 of 169 GRANTEE: KWIK TRIP, INC. Dated: , 2017. By: Its: STATE OF WISCONSIN ) ) ss. COUNTY OF LA CROSSE ) I, the undersigned, a Notary Public in and for said County, in said State, hereby certifies that , of Kwik Trip, Inc., a Wisconsin corporation, has signed the foregoing instrument, and who is known to me, acknowledged before me on this date that, being informed of the contents of the instrument, he, executed the same voluntarily. Dated this day of , 2017. This document was drafted by: Thomas E. Reinhart P. O. Box 2107 La Crosse, WI 54602-2107 Notary Public State of Wisconsin, County of La Crosse My Commission: Page 86 of 169 EXHIBIT A-1 EASEMENT PROPERTY (Legal Description) An easement for storm sewer purposes over, under and across that part of the SE 1/4 of Section 32, Township 89 North, Range 13 West of the Fifth Principal Meridian, City of Waterloo, Black Hawk County, Iowa. Said easement is 20 feet wide lying 10 feet on each side of the following described centerline: Commencing at the Southwest corner of Lot 1, Brock Addition; thence South 89 degrees 10 minutes 10 seconds West 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 North 00 degrees 49 minutes 33 seconds West 487.52 feet to the point of beginning; thence South 89 degrees 10 minutes 24 seconds West 164.25 feet; thence North 41 degrees 08 minutes 08 seconds West 60.00 feet to the point of termination. Part of tax parcel no. 8913-32-476-010 Page 87 of 169 EXHIBIT A-2 EASEMENT PROPERTY (Depiction) Page 88 of 169 CITY OF WATERLOO Council Communication Resolution approving the naming of a private street located north of 1027 E. 4th Street, as "Roby Lane" and rescinding Resolution No. 2017-210, for the naming of a private street serving 1027 E. 4th Street as "Roby Lane", due to an error in the description. City Council Meeting: 10/16/2017 Prepared: 10/10/2017 REVIEWERS: Department Planning & Zoning Planning & Zoning Planning & Zoning Clerk Office Reviewer Schroeder, Aric Andera, Tim Schroeder, Aric Even, LeAnn ATTACHMENTS: Description D Naming of Private Street Roby Lane D Aerial Photo D Resolution SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Action Rejected Approved Approved Approved Type Cover Memo Backup Material Cover Memo Date 8/2/2017 - 11:02 AM 10/10/2017 - 1:35 PM 10/11/2017 - 9:30 AM 10/11/2017 - 1:16 PM Resolution approving the naming of a private street located north of 1027 E. 4th Street, as "Roby Lane" and rescinding Resolution No. 2017-210, for the naming of a private street serving 1027 E. 4th Street as "Roby Lane", due to an error in the description. Submitted By: Aric Schroeder, City Planner Approval The was an error in the description of the location of the street within Parcel No. 8913-24-159-009, noting that the new street was generally located east of 1027 East 4th Street, rather, it is located north of 1027 East 4th Street. The Engineering Department has reviewed the naming of the private street north of and adjacent to the new True Value Hardware Store located at 1027 E. 4th Street and are recommending approval. The owners of the property would like to honor the site developer, Roosevelt Roby, Jr. Therefore, we would request that the City Council rescind Resolution 2017- 210 and adopt a new resolution in lieu thereof, noting that the private street is located to the north of 1027 East 4th Street. none n/a Page 89 of 169 Background Information: The location of the private street is generally described as being north of and adjacent to 1027 E. 4th Street. The location is more particularly described as being located in vacated Saxon Street right-of-way, within Parcel No. 8913-24-159-009. See attached for a letter from the City Engineer and an Exhibit "A" diagram of the proposed street naming. Page 90 of 169 CITY OF WATERLOO, IOWA WATERLOO ENGINEERING DEPARTMENT 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4312 Fax (319) 291-4262 City Engineer • email: city.engineer@waterloo-ia.org February 23, 2017 Aric Schroeder, City Planner City of Waterloo 715 Mulberry Street Waterloo, IA 50703 RE: NAMING PRIVATE STREET ROBY LANE Dear Aric: The Engineering Department has reviewed the naming of a certain private street, north and adjacent to the new True Value Hardware Store, located at 1027 E. 4th Street. The owners would like to honor the site developer, Roosevelt Roby, Jr. Private Roby Lane Location Description The location of this private street is generally described as being north of and adjacent to 1027 E. 4th Street. The location is more particularly described as being located in the vacated Saxon Street right-of-way. Parcel Number 8913-24-159-009. See attached Exhibit A The Engineering Department recommends that this private street, Roby Lane, be approved. Sincerely, Eric Thorson, PE City Engineer Cc: Steve Walker, Draftsman CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 91 of 169 Page 1 of 1 OIIII I III I I II IIII1111 II II 11J111JII , II IIID IIJI I11II111 Doc ID: 007661530001 Type: GEN Recorded: 06/22/2017 at 11:55:45 An Fee Amt: $7.00 Page 1 of 1 Black Hawk County Iowa SANDIE L. SMITH RECORDER F,11e201 / ""'00022533 ...L. Prepared by LeAnn M. Even, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2017-210 RESOLUTION APPROVING THE NAMING OF A PRIVATE S REET SERVING 1027 E. 4TH STREET AS "ROBY LANE". BE IT RESOLVED BY CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that the private street generally locate and adjacent to the new, True Value Hardware store, located at 1027 E. 4th Street, and more particularly described as being Iocated in vacated Saxon Street right-of-way, within Parcel No. 8913-24-159-009, shall be named as "Roby Lane". PASSED AND ADOPTED this 20th day of March 2016. ATTEST: alley Fe City Cler Quentin Hart, Mayor CERTIFICATE I, Kelley Felchle, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Resolution No. 2017-210 as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 20th day of March 2017. Witness my hand and seal of office this 20th day of March 2017. • SEAL, Kelley Fele ;f e City Clerk (n)File Number: 2017-00022533 Seq:I Page 93 of 169 CITY OF WATERLOO Council Communication Resolution approving award of hotel/motel tax council discretionary funds to Leisure Services for an event shuttle in the amount of $11,200. City Council Meeting: 10/16/2017 Prepared: 10/10/2017 REVIEWERS: Department Reviewer Action Date Finance Weidner, Michelle Approved 10/11/2017 - 3:09 PM Clerk Office Even, LeAnn Approved 10/11/2017 - 3:58 PM ATTACHMENTS: Description Type ❑ Leisure Event Shuttle Council Comm Cover Memo ❑ Leisure Services Event Shuttle Application Cover Memo Hotel Motel Tax Council Discretionary Award History Cover Memo SUBJECT: Resolution approving award of hotel/motel tax council discretionary funds to Leisure Services for an event shuttle in the amount of $11,200. Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer Recommended Action: Funding Recommendations: Leisure Services Events Shuttle Summary Statement: - Expenditure Required: Source of Funds: $11,200 Total $11,200 This request is a total of $11,200 from council discretionary hotel/motel tax funds. Hotel/Motel Tax Discretionary Funds. The current available balance for FYE2018 is $102,484.28. The award history for discretionary hotel/motel tax awards is included for your reference. Page 94 of 169 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: October 16, 2017 October 11, 2017 Michelle Weidner 1 Application, Award History SUBJECT: Hotel/Motel Discretionary Grant Applications Submitted by: Michelle Weidner, CFO Recommended Action: Approve the award of hotel/motel discretionary funds to the following entities: Summary Statement — Committee Funding Recommendations: FYE2018 Funds: The available balance in the hotel/motel fund to be allocated for FYE 2018 is $102,484.28. We received a request that we are being asked to expedite. There is considerable construction downtown that has reduced the number of available parking spots for visitors to Young Arena. The Black Hawks season is starting. Leisure Services staff and the Black Hawks staff are requesting that a bus be provided to shuttle visitors between Young Arena and the TechWorks parking lot for Black Hawks games. The anticipated cost is $11,200. The funding application and award history for discretionary hotel/motel tax awards is included for your reference. Expenditure Required: $ 11,200 Source of Funds: Hotel/Motel Tax Discretionary Funds. The current available balance for FYE2018 is $133,734.28. The award history for discretionary hotel/motel tax awards is included for your reference. Policy Issue: Alternative: Background Information: N/A N/A N/A WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 95 of 169 City C until Discretionary �t lw1®tel Grant Application Waterloo, Iowa The City Waterloo Iowa is offering grants to non-profit entities for projects and community events that support tourism, our quality of life and which bring people to the downtown. These grant funds are made possible through the hotel/motel tax funds received by the City of Waterloo. By city ordinance 10% of the revenues generated from the Hotel -Motel Tax can be used as discretionary dollars of the City Council to enhance projects that support several defined areas. If you are interested in applying for funding please complete the application. Incomplete applications will be returned. 1. General Information (It is highly recommended that applications be typewritten. Use a separate sheet of paper, if necessary): Name of organization _Waterloo Leisure Services—Young Arena Name of facility/project Downtown Waterloo attractions/events shuttle Contact person _Chris Dolan_ Email _chris.dolan@waterloo-ia.org Address of organization or person completing application: Street 125 Commercial Street City _Waterloo State Iowa Zip _50701_ Phone _319-291-4335 Fax: 319-291-4310 2. What is the mission of your organization? The City Of Waterloo Leisure Services Commission is dedicated to improving the quality of life for all citizens by providing the best possible recreational activities, special events, facilities, and services that encourage lifelong learning, fitness and fun. The Commission strives to provide an enjoyable outdoor environment with top quality parks, preserves, golf courses, recreational trails and a healthy urban forest resource. 3. How long has your organization been in existence? Since 1904 Page 96 of 169 4. How many staff members and/or volunteers are involved in this organization and the project? The Leisure Services Department has approximately 44 full time employees and nearly 300 seasonal employees. We also utilize over 200 volunteers in our youth sports programs throughout the year. 5. Please indicate all the categories that your projects supports: ® Category 1 — Supports tourism and heads on beds ® Category 2 — Supports and assists community events Category 3 — Brings people downtown Category 4 — Supports Waterloo quality of life 6. Please provide a detailed statement of how your project fits into one or more of the above listed 4 categories? Supports tourism and heads on beds Young Arena is a huge player in the Cedar Valley's Sports Tourism business. In fiscal year 2017; 103,000 visitors attended hockey and wrestling events held at the arena. From visiting USHL & MWHSHL teams, to wrestling participants and their families, the arena's activities definitely draw a significant amount of overnight visitors to our community. Supports and assists in community events Events at the arena are already a winter staple in the plans of families throughout the Cedar Valley. This added shuttle service will not only shorten the walk for visitors who are attending an event at the arena. Brings People Downtown Young Arena is in the heart of the downtown area, with many hockey teams and their fans choosing to spend their pre -game or post -game socializing at various downtown establishments. Road construction and development have put the squeeze on available parking in the area. The added shuttle services during events enhances the possibility of someone attending an event by reducing their worry of where they are going to park and how far the walk might be. Supports Quality of Life Young Arena is a key component to the delivery of the Leisure Services department goal of providing quality of life options to our citizens. From an evening at a Black Hawks hockey game, to personal wellness with our daily offering of public walking and skating times, the arena offers our community a great year round gathering place. Page 97 of 169 7. If your project has or will continue for more than one year, please explain your plans for financial sustainability? At the time of this application we do not know for certain that the shuttle will continue beyond the winter of 2017-2018. This is being done in large part to ease the strain on limited downtown parking options due to a number of factors such as the Highway 63 reconstruction project and the new HCC Urban Campus Construction. There may very well be a need next year as the Highway 63 reconstruction project will span through that time frame as well. At this point we do not have any other viable funding options for this project wither this year or next. 8. Give an estimate of how you plan to measure the success of the project: We would ask event management to survey their fans and/or season ticket holders during the events for feedback on the use of the shuttle service. 9. Describe specifically how the proposed project will be marketed. A full scale marketing effort by Young Arena and the Waterloo Black Hawks will include maps and details of the shuttle services which will be disseminated thru press releases, social media, websites, fliers and MET Transit's online app. Specific shuttle pickup and drop off locations will be designated with new signage. 10. Please provide a detailed description of the budget. Please include information about additional funding sources, income and how the hotel/motel tax grant fits into the overall budget. Revenue City of Waterloo Discretionary Grant $11,200 Expenses MET Transit Events Shuttle (30 Dates) $11,200 11. Please include in your submitted materials: • Tax exempt status • W-9 form 12. We ask that you will submit a single page final report detailing the results of your project one month after the completion of the project. If you do not submit your final report within a month after completion you will not be eligible for further funding. • Detail if your intended goals for the project were met? • Detail how the funds were spent? Page 98 of 169 xxxwww**r.*xxxxr.xx'icxxr.xxxr..xxxr.*xx*x****'F****2111* lords*itokvY****e4$t A'*********xxxxxxxxxxx*wxx BUDGET SUMMARY: Total Project Cost Additional Funding Sources In -Kind Services Hotel/Motel Tax Grant Request $11,200 $0 $0 $ 11,200 Please note: Additional Funding Sources, In -Kind Services and Hotel/Motel Tax Grant Request must equal Total Project Cost. I have reviewed this Application for Grant Funds from the City of Waterloo. To the best of my knowledge, the information contained in this application and its attachments is accurate and complete. The Hotel/Motel Tax Grant funds are to be used for the express purpose as stated in the Grant Application. I, the undersigned, know full and well that if this program/project does not transpire, recommendation by the Waterloo City Council funding will be withdrawn. My organization will be responsible for refunding any portion of funds already received. Ot- 10/10/2017 Signature of Applicant Date Page 99 of 169 COUNCIL DISCRETIONARY REVENUE Annual Awards FY 1996 FY 1997 FY 1998 FY 1999 FY 2000 OVERAGE 540,600.95 - 500,000.00 = 40,600.95 x .50 = 20,300.47 20,300.47 OVERAGE OVERAGE OVERAGE 577,784.25 - 500,000.00 = 77,784.25 X .50 = 38,892.13 38,892.13 618,616.00 - 500,000.00 =118,616.00 X .50 = 59,308.00 643,399.03 - 500,000.00 =143,399.03 X .50 = 71,212.51 59,308.00 71,212.51 OVERAGE FY 2001 FY 2002 FY 2003 OVERAGE 698,005.93 - 500,000.00 =198,005.93 X .50 = 99,002.97 751,044.68 - 500,000.00 = 251,044.68 X .50 = 125,522.34 99,002.97 125,522.34 FY 2004 FY 2005 FY 2008 FY 2007 OVERAGE OVERAGE OVERAGE 668,079.02 - 500,000.00 =168,079.02 X .50 = 84,039.51 84,039.51 707,338.05 - 500,000.00 = 207,338.05 X .50 =103,669.02 103,669.02 704,352.53 - 643,046.78 = 61,305.76 61,305.75 OVERAGE 723,848.16 - 656,693.71 = 67,154.45 67,154.45 759,249.05 * 10% = 75,924.91 75,924.91 808,840.48 * 10% = 80,884.05 FY 2008 FY 2009 FY 2010 1,109,932.25 * 10% =110,993.22 80,884.05 110,993.22 1,317,960.56 * 10% = 131,796.06 131,796.06 1,111,886,51 * 10% = 111,188.65 FY 2011 FY 2012 FY 2013 1,186,088.37 * 10% =118,608.64 111,188.68 118,608.64 1,228,036.32 *10% =122,803.64 122,803.64 1,231,187.86 * 10% =123,118.79 FY 2014 1,188,080.53 * 10% = 118,808.04 FY 2015 FY 2016 FY 2017 1,204,319.76 * 10% = 120,431.97 123,118.79 118,808.04 120,431.97 1,252,227.48 * 10% = 125,222.75 125,222.75 1,289,869.28 * 10% =128,986.93 128,986.93 ;TOTAL.DISCI NARyRgySNU RECEIVER- _. 2,099,174 81 # 25294 EXPENDITURES OF DISCRETIONARY RE E(± 06/23/97 GROUT MUSEUM # 28475 01/02/97 FIREWORKS 12,500.00 # 30316 11/24/97 PASS STADIUM # 49802 06/15/98 WATERLOOS OF THE WORLD 3,000.00 25,000.00 13,695.00 07/15/99 CINDY WELLS • BELGIUM 690.00 # 49464 07/19/99 IOWA GOLF ASSOCIATION # 51580 07/19/99 FIREWORKS 15,000.00 # 53154 10/29/99 MARKIN CONSULTANT - GREYHOUND TRACK RACE # 56369 02/11/00 MARKIN CONSULTANT • GREYHOUND TRACK RACE # 57178 03/06/00 THE SPORT'S MANAGEMENT GROUP 5,000.00 2,500.00 11,500.00 # 60570 06/26/00 MAIN STREET - FIREWORKS 4,650.00 RES#789 FY 2000 RES # 131 03/13/00 VARIOUS CITY DEPARTMENTS (ARTS & CULTURAL) WATERLOO COMMUNITY PLAYHOUSE 1,000.00 137,409.72 RES #131 03/13/00 WATERLOO MUSEUM OF ARTS RES #131 03/13/00 WATERLOO I CEDAR FALLS SYMPHONY RES #131 03/13/00 HARTMAN RESERVE 7,000.00 2,000.00 10,000.00 RES # 2001-092 03/12/01 FESTIVAL OF IOWA FOLKLIFE RES # 2001.092 03/12/01 RES # 2001-196 05/07/01 FIVE SULLIVANS CENTER (MAINTENANCE PERSON) LOST ISLAND ADVENTURE PARK RES # 2001-294 06/11/01 WLOO JAYCEES/MAIN STREET - FIREWORKS 5,000.00 10,000.00 12,500.00 19,159.07 RES # 2001.095 RES # 2001-357 03/14/01 FIVE SULLIVANS CENTER (MAINTENANCE PERSON) 5,000.00 1,532.74 07/09/01 RES # 2001-370 07/16/01 FIVE SULLIVANS CENTER (MAINTENANCE PERSON) MULTI-COMPONENT DOWNTOWN ART PROGRAM RES # 2001-388 07/23/01 MUNICIPAL BAND RES # 2001-454 08/20/01 REICHERT CELEBRATION HORSE SHOW 5,343.3'. 37,000.00 20,000.00 RES # 2001-669 12/10/01 RES # 2002-010 01/07/02 RES # 2002-173 03/28/02 FIVE SULLIVANS CENTER (MAINTENANCE MAN) DOWNTOWN LIGHTS THE NIGHT PARADE (MAIN ST) IOWA OPEN RES # 2002-173 03/28/02 STREET FLAGS 1,500.00 1,054.74 5,000.00 25,000.00 RES # 2002-173 03/28/02 METROPOLITAN TENNIS ASSOCIATION RES # 2002-173 RES # 2002-560 03/28/02 WATERLOO MUNICIPAL BAND (FYE03 BUDGET) 5,000.00 5,000.00 20,000.00 09/16/02 GROUT MUSEUM RES # 2002.560 09/16/02 WATERLOO COMMUNITY PLAYHOUSE 20,000.00 RES # 2002-560 09/16/02 NATIONAL CATTLE CONGRESS RES # 2002-560 09/16/02 WATERLOO JAYCEES - DOWNTOWN FIREWORKS 13,000.00 13,000.00 RES # 2002-560 RES # 2003.525 09/16/02 WATERLOO JAYCEES - WATERLOO OPEN 3,000.00 10,000.00 08/04/03 WATERLOO AIRPORT - TRAVEL LEAKAGE STUDY RES # 2003-252 04/14/03 RES # 2003.252 04/14/03 WATERLOO MUNICIPAL BAND (FYE04 BUDGET) GROUT MUSEUM 3,500.00 21,000.00 RES # 2003-175 03/17/03 ADDL HOTEL/MOTEL TAX GRANT AWARDS (FYE04) 8,000.00 700.00 RES # 2003-716 10/20/03 AIRPORT JET SERVICE MARKETING CAMPAIGN RES # 2003-727 10/27/03 5 SULLIVAN BROTHERS GRAND RE -OPENING RES # 2004- 75 02/16/04 WATERLOO JAYCEES - 2004 DOWNTOWN FIREWORKS RES # 2004- 75 02/16/04 WATERLOO JAYCEES - 2004 WATERLOO OPEN RES # 2004- 75 02/16/04 WATERLOO YOUTH HOCKEY ASSOCIATION 6,000.00 3,177.57 3,000.00 8,000.00 0.00 fired by The Finance Department 15,500.00 38,695.00 201,749.72 48,191.81 124,898.05 59,000.00 31,200.00 Pagte100 of 169 RES # 2004- 75 COUNCIL DISCRETIONARY REVENUE 02116104TWATERLOO POLICE DEPARTMENT Annual Awards RES # 2004.75 02/16/04 NATIONAL CATTLE CONGRESS RES # 2004- 75 02/16/04 WATERLOO COMMUNITY PLAYHOUSE RES # 2004- 75 02/18/04 RES#2004-75 02/16/04 FOLKLIFE FESTIVAL (CENTER FOR THE ARTS) REICHERT PLEASURE HORSE CELEBRATION 10,000.00 18,000.00 15,000.00 0.00 0.00 RES # 2004-106 03/01/04 FYE04 RESERVE ALLOCATION RES # 2004-247 04/19/04 AIRPORT GRAND RE -OPENING - 2ND JET MKTG 30,000.00 RES # 2004-345 RES # 2004-106 05/24/04 150TH ANNIVERSARY CELEBRATION 5,000.00 257.91 03/01/04 FYE05 RESERVE ALLOCATION RES # 2004-495 07/26/04 RES # 2004-495 07/26/04 WATERLOO MUNICIPAL BAND (FYE05 BUDGET) MAIN STREET - FLOWER WATERING 30,000.00 22,275.00 RES # 2004-495 07/26/04 WATERLOO EXCHANGE CLUB - HEALING FIELDS RES # 2004-688 10/04/04 GROUT MUSEUM - MARKETING RES # 2005- 57 01/24/05 EXPO HIGH SCHOOL INTL LEARNING CONFERENCE 3,000.00 2,000.00 4,400.00 RES # 2005-114 RES # 2005-770 02/07/05 MIDWEST WORLD FEST ARTIST RESIDENCIES 1,000.00 5,000.00 08/15/05 RES # 2005-770 08/15/05 WATERLOO MUNICIPAL BAND (FYE06 BUDGET) AIRPORT MARKETING 22,725.00 RES # 2005-885 09/26/05 GROUT MUSEUM - MARKETING RES # 2006.181 03/06/06 DAN GABLE WRESTLING MUSEUM 2,500.00 8,000.00 0.00 RES # 2006-626 RES # 2006-871 07/24/06 10/02/06 WATERLOO MUNICIPAL BAND (FYE07 BUDGET) 22,725.00 DAN GABLE WRESTLING MUSEUM RES # 2006-1059 12/04/08 WATERLOO POLICE DEPARTMENT RES # 2006-1059 12/04/06 WATERLOO CENTER FOR THE ARTS RES # 2007-0029 01/08/07 NWCA NATL DUALS WRESTLING MEET 10,000.00 31,000.00 17,000.00 RES # 2007.0474 06/11/07 THE COURIER - AD WELCOMING ISLE 3,000.00 480.00 RES # 2007- 651 08/06/07 RES # 2007- 716 08/20107 WATERLOO MUNICIPAL BAND (FYE08 BUDGET) WATERLOO POLICE DEPARTMENT RES # 2007.716 08/20/07 WATERLOO SOFTBALL ASSOCATION 22,725.00 25,000.00 RES # 2007- 716 08/20/07 WATERLOO EXCHANGE CLUB - HEALING FIELDS RES # 2008-134 02/18/08 WATERLOO POLICE DEPARTMENT RES # 2008- 613 RES # 2008- 639- 07/14/08 MAIN STREET BBQ'LOO 4,000.00 3,000.00 16,200.00 07/28/08 RES # 2008- 843 09/22/08 WATERLOO MUNICIPAL BAND (FYE09 BUDGET) EXPO BUSINESS PLAN 8,000.00 22,275.00 RES # 2008- 843 09/22/08 WATERLOO ANEW MARKETING BROCHURE RES # 2008- 843 09/22/08 WLOO POLICE DEPT EVENT OVERTIME RES # 2008- 843 09/22/08 WAYFINDING DESIGN - VANDEWALLE RES # 2008.843 09/22/08 PHELPS YOUTH PAVILION MARKETING RES # 2008- 843 09/22/08 DAN GABLE WRESTLING MUSEUM 5,000.00 9,930.42 30,684.00 12,383.24 14,700.00 RES # 2008- 843 09/22/08 FIRE DEPT EVENT OVERTIME 4,000.00 RES # 2008- 843 09/22/08 HAIRSTYLISTS FLOOD VICTIM FUNDRAISING EVENT 3,000.00 800.00 RES # 2008- 843 09/22/08 GROUT MUSEUM FOR GRAND OPENING RES # 2008.843 09/22108 ELECTRIC PARK MARQUEE - CANCELLED 7,000.00 0.00 RES # 2008- 843 09/22/08 CEDAR VALLEY SPORTS & ENTERTAINMENT RES # 2009- 295 04/06/09 GOLF ON MEDIA TV AD CAMPAIGN RES # 2009- 433 RES # 2009- 658 05/11/09 WESCO - START-UP CASH 1,200.00 7,200.00 20,000.00 07/06/09 FIRE DEPT IRISH FEST OVERTIME RES # 2009- 797 RES # 2009- 843 08/10/09 08/24/09 WATERLOO MUNICIPAL BAND (FYE2010) 2,000.00 22,275.00 NATIONAL CATTLE CONGRESS -ID READERS RES # 2009-1233 12/21/09 YOUTH PAVILION MARKETING RES # 2010- 091 02/15/10 CEDAR VALLEY TECHWORKS - AGRI-TECH 2,385.00 25,091.00 RES # 2010- 323 05/03/10 WLOO POLICE DEPT EVENT OVERTIME RES # 2010- 323 05/03/10 RES # 2010- 323 05/03/10 WATERLOO MUNICIPAL BAND (FYE11 BUDGET) RES # 2010- 323 05/03/10 GOLF TV ADVERTISING CAMPAIGN (FYE11 BUDGET) LOU HENRY HOOVER SCULPTURE GARDEN 5,000.00 30,000.00 20,000.00 RES # 2010.323 05/03/10 UNITED SISTERS OF BHC 5,000.00 15,000.00 RES # 2010- 323 05/03/10 FRIENDS OF NATIONAL CATTLE CONGRESS RES # 2010- 323 05103/10 WATERLOO COMMUNITY PLAYHOUSE 6,000.00 5,000.00 688.23 RES # 2010- 323 RES # 2010- 649 05/03/10 GROUT MUSEUM 10,000.00 07/26/10 WATERLOO FIRE RESCUE RES # 2010- 683 RES # 2010- 940 08/02/10 10/18/10 MAIN STREET (on behalf of Public Market) 5,000.00 5,000.00 CV SPORTS & ENTERTAINMENT COMMISSION RES # 2010- 940 10/18/10 AIRPORT MARKETING RES # 2010- 997 11/08/10 GROUT MUSEUM 2,000.00 4,800.00 8,000.00 RES # 2011- 247 04/04/11 WATERLOO COMMUNITY PLAYHOUSE RES # 2011- 247 04/04/11 UNITED SISTERS OF BHC RES # 2011- 247 04104/11 KIWANIS CLUB - AIR SHOW RES # 2011.247 04/04/11 WATERLOO HOMECOMING ASSOCIATION 1,736.38 5,000.00 10,000.00 RES #2011-248 04/04/11 RES # 2011-428 05/16/11 WATERLOO MUNICIPAL BAND (FYE12 BUDGET) WATERLOO COMMUNITY PLAYHOUSE 6,000.00 21,023.40 RES # 2011- 428 05/16/11 KOINONIA MINISTRIES YOUTH SUMMIT 2011 RES # 2011-428 05/16/11 WATERLOO CULTURAL & ARTS BAHAMAS EXHIBITICONI 1,000.00 4,000.00 5,500.00 fired by The Finance Department 128,435.48 37,675.00 33,225.00 84,205.00 70,925.00 146,172.66 148,439.23 Pam°i11'V of 169 COUNCIL wed CITY HOTEL iSCRET OF WATERLOO / MOTEL C TA N ,F Y REVENUE COUNCIL DISCRETIONARY REVENUE Annual Awards RES # 2011-428 05/16/11 WATERLOO POLICE DEPT EVENT OVERTIME 10,000.00 89,059.78 RES # 2011- 990 10/10/19 WATERLOO CULTURAL & ARTS MARKETING 10,000.00 RES # 2011- 990 10/10/11 WATERLOO LEISURE SERVICES GOLF MARKETING 5,400.00 RES # 2011.990 10/10/11 AIRPORT MARKETING 7,000.00 RES # 2011-1075 11/14/11 PUBLIC MARKET GRANT TRANSFER TO LEISURE 5,000.00 RES # 2012- 142 11/14/11 WATERLOO EXPO SERVICES CORP 15,000.00 RES # 2012- 473 02/13/12 C&A - AMPHITHEATER MARKETING (TRANSFER to RAI) 30,000.00 RES # 2012-142 02/13/12 LEISURE SERVICES - SPORTSPLEX MARKETING 10,000.00 RES # 2012-142 02/13/12 POLICE - EVENT OVERTIME 20,000.00 RES # 2012-143 02/13/12 WATERLOO MUNICIPAL BAND (FYE13 BUDGET) 20,000.00 RES # 2012- 545 06/04/12 NORTH END ARTS & MUSIC FEST 5,000.00 RES # 2012- 545 06/04/12 ASPIRE THERAPEUTIC RIDING PROGRAM 4,000.00 131,400.00 RES # 2012- 871 08/27/12 PURCHASE DUNSMOOR HOUSE 35,279.00 RES # 2013- 199 03/18/13 GROUT MUSEUM DISTRICT 500.00 RES # 2013- 199 03/18113 WATERLOO MUNICIPAL BAND (FYE2014 BUDGET) 20,000.00 RES # 2013.199 03118/13 CEDAR VALLEY SPORTS & ENTERTAINMENT COMM 2,000.00 RES # 2013-199 03/18/13 WATERLOO HOMECOMING ASSOCIATION 8,000.00 RES # 2013-199 03/18/13 NORTH END CULTURAL CENTER 5,000.00 RES # 2013-199 03/18/13 LEISURE SERVICES - GOLF ADVERTISING 6,000.00 108,279.00 99,666.00 110,500.00 131,723.80 126,500.00 31,250.00 RES # 2013- 462 06/03/13 ASPIRE THERAPEUTIC RIDING PROGRAM 6,500.00 RES # 2013- 462 06/03/13 POLICE - FY13 EVENT OVERTIME 25,000.00 RES # 2013- 734 09/03/13 SPECK WALKABLE COMMUNITIES EVENT 2,666.00 RES # 2013- 877 10/28/13 MAIN STREET WATERLOO 6,000.00 RES # 2013- 877 10/28/13 SOCIAL ACTION, INC. 10,000.00 RES # 2013- 877 10/28/13 POLICE - FY14 EVENT OVERTIME 25,000.00 RES # 2014- 177 03/10/14 KIWANIS CLUB OF WATERLOO - AIR SHOW 15,000.00 RES # 2014-177 03/10/14 NORTH END CULTURAL CENTER 5,000.00 RES # 2014.301 04/28/14 WATERLOO MUNICIPAL BAND (FYE2015 BUDGET) 20,000.00 RES # 2014- 301 04/28/14 ASPIRE THERAPEUTIC RIDING PROGRAM 7,000.00 RES # 2014- 301 04/28/14 LEISURE SERVICES - GOLF ADVERTISING 9,000.00 RES # 2014- 301 04/28/14 GROUT MUSEUM DISTRICT - TOUR OF MY TOWN 0.00 RES # 2014- 725 08/18/14 CEDAR VALLEY SPORTSPLEX MARKETING 10,000.00 RES # 2014- 815 09/15/14 POLICE - FY15 EVENT OVERTIME 25,000.00 RES # 2014- 815 09/15/14 YWCA WEEK WITHOUT VIOLENCE 1,000.00 RES # 2015- 239 04/06/15 WATERLOO HOMECOMING ASSOCIATION 10,000.00 RES # 2015- 239 04/06/15 LEISURE SERVICES - GOLF ADVERTISING 9,000.00 RES # 2015.239 04/06/15 NORTH END CULTURAL CENTER 5,000.00 RES # 2015.239 04/06/15 SOCIAL ACTION, INC. 10,000.00 RES # 2015- 239 04106/15 WATERLOO MUNICIPAL BAND (FYE2016 BUDGET) 20,000.00 RES # 2015- 239 04/06/15 RIVERLOOP ASSOCIATION, INC. 10,500.00 RES # 2015- 531 08/29/15 GROUT MUSEUM - VIETNAM VETS EXHIBIT 10,000.00 RES # 2015- 583 07/20/15 CEDAR VALLEY SPORTSPLEX MARKETING 10,000.00 RES # 2015- 583 07120/15 ASPIRE THERAPEUTIC RIDING PROGRAM 7,000.00 RES # 2015.790 09/28/15 LEISURE SERVICES - RIVERFRONT STADIUM VIDEO BOAS 10,000.00 RES # 2015- 790 09/28/15 POLICE - FYE16 EVENT OVERTIME 41,000.00 RES # 2016- 91 02/01/16 MAIN STREET 10,000.00 RES # 2016- 91 02/01/16 WATERLOO MUNICIPAL BAND (FYE2017 BUDGET) 20,000.00 RES # 2016- 313 04/25/16 NORTH END ARTS & MUSIC FEST 2,323.80 RES # 2016. 313 04/25/16 LEISURE SERVICES - GOLF ADVERTISING 9,000.00 RES # 2016- 313 04/25/16 RIVERLOOP ASSOCIATION, INC. 17,400.00 RES # 2016- 313 04/25/16 JESSE COSBY CENTER YOUTH EMPLOYMENT FROG 5,000.00 RES # 2016- 661 08/15/16 ASPIRE THERAPEUTIC RIDING PROGRAM 7,500.00 RES # 2016.661 08/15/16 CEDAR VALLEY SPORTSPLEX MARKETING FY17 11,000.00 RES # 2016- 661 08/15/16 UNION BAPTIST CRUSADERS DRILL TEAM 5,000.00 RES # 2016- 962 12/12/16 FRIENDS OF HARTMAN RESERVE 20,000.00 RES # 2017- 317 04/24/17 BOSNIAN CULTURAL FOUNDATION 10,000.00 RES # 2017- 317 04/24/17 WATERLOO HOMECOMING ASSOCIATION 10,000.00 RES # 2017- 317 04/24/17 MAIN STREET WATERLOO 10,000.00 RES # 2017.317 04/24/17 LEISURE SERVICES - GOLF ADVERTISING 10,000.00 RES # 2017- 317 04/24/17 NORTH END CULTURAL CENTER 5,000.00 RES # 2017- 317 04/24/17 ASPIRE THERAPEUTIC RIDING PROGRAM 8,000.00 RES # 2017- 317 04/24/17 WATERLOO POLICE DEPT EVENT OVERTIME 30,000.00 RES # 2017- 774 09/18/17 WATERLOO MUNICIPAL BAND (FYE2018 BUDGET) 20,000.00 RES # 2017- 774 09/18/17 CEDAR VALLEY SPORTSPLEX MARKETING FY18 11,250.00 TO'TA IwXRENDITURES I; .96690 SS 1}707 -20.7S BALANCEOI /NCIL DISCRETIONARY REVENUE ,_" 28 '(02,k84.28- fired by The Finance Department Paa�e'362 of 169 CITY OF WATERLOO Council Communication Resolution approving Professional Service Agreement with AECOM Technical Services of Waterloo, Iowa in an amount not to exceed $33,000 for WWTP Final Clarifier Dewatering well evaluation and design services, and authorize Mayor and City Clerk to execute said documents. City Council Meeting: 10/16/2017 Prepared: 10/11/2017 REVIEWERS: Department Reviewer Action Date Waste Management Russell, Evelyn Approved 10/11/2017 - 1:13 PM Clerk Office Even, LeAnn Approved 10/11/2017 - 1:17 PM ATTACHMENTS: Description Type D AECOM Final Clarifier Dewatering Well Cover Memo SUBJECT: Submitted by: Source of Funds: Resolution approving Professional Service Agreement with AECOM Technical Services of Waterloo, Iowa in an amount not to exceed $33,000 for WWTP Final Clarifier Dewatering well evaluation and design services, and authorize Mayor and City Clerk to execute said documents. Submitted By: Steven Hoambrecker, Director, Waste Management Services 520-14-5200-2103 Page 103 of 169 CITY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES DEPARTMENT 3505 Easton Ave. • Waterloo, IA 50702 • (319) 291-4553 Steve Hoambrecker, Director, October 11, 2017 Memo to Waterloo Mayor and City Council: RE: Engineering Contract AECOM, WWTP Final Clarifier Dewatering well evaluation and design services Project description and discussion Final clarifier #3 for the Easton treatment train had to be taken out of service and needs evaluated to define what is malfunctioning and associated corrective actions. To perform those services, it is necessary to install ground water dewatering wells such that the tank will not "POP" (due to a very deep tank and high ground water conditions) when removing the residual water from the bottom of the tank. The defined engineering services for this contract are to conduct boring and Piezometer installations such that the dewatering wells can be properly designed. During the summer months and lower flow conditions the plant can satisfactorily operate with 3 final clarifiers, but needs to have the 4th clarifier available for treatment if needed. Final clarifiers have a lower scraping mechanism to remove associated accumulated solids from the unit and skimmer arms to remove the floating residuals. Failure to have this clarifier in operation may lead to possibly effluent violations due to excessive solid loading to the final clarifiers. It is operationally crucial that appropriate needed repairs be identified such that those repairs can be made. For this clarifier the skimmer arms should remain at the same elevation during rotation, but in fact are as much as 6 inches from plume at certain areas of rotation. It is necessary to remove the water from the clarifier to analyze why the observed condition is occurring such that proper repairs can be made. To perform this task, the ground water needs artificially lowered to keep the tank from popping during water removal. This project provide for the initial analyzes (boring and piezometer installations) such that the dewatering wells can be properly designed. Funding 520-14-5200-2103 Funding for the engineering fees for this project will be from: 520-14-5200-2103 Sanitary Sewer Fund, WPCP Engineering and Consulting. Page 104 of 169 Page 105 of 169 ICOM AECOM 319-232-6531 tel 501 Sycamore Street 319-232-0271 fax Suite 222 Waterloo, Iowa 50703 www aecom.com CITY OF WATERLOO FINAL CLARIFIER MAINTENANCE AND REPAIRS — BORING AND PIEZOMETER INSTALLATION AND VARIANCE SUBMISSION PROFESSIONAL SERVICE AGREEMENT This Agreement is made and entered by and between AECOM Technical Services, Inc., 501 Sycamore Street, Suite 222, Waterloo, Iowa, hereinafter referred to as "ATS" and City of Waterloo, 715 Mulberry Street, Waterloo, Iowa, hereinafter referred to as "CLIENT." IN CONSIDERATION of the covenants hereinafter set forth, the parties hereto mutually agree as follows: I. SCOPE OF SERVICES ATS shall perform professional Services (the "Services") in connection with CLIENT's facilities in accordance with the Scope of Services set forth in Exhibit A attached hereto. II. ATS'S RESPONSIBILITIES ATS shall, subject to the terms and provisions of this Agreement: (a) Appoint one or more individuals who shall be authorized to act on behalf of ATS and with whom CLIENT may consult at all reasonable times, and whose instructions, requests, and decisions will be binding upon ATS as to all matters pertaining to this Agreement and the performance of the parties hereunder. (b) Use all reasonable efforts to complete the Services within the time period mutually agreed upon, except for reasons beyond its control. (c) Perform the Services in accordance with generally accepted professional engineering standards in existence at the time of performance of the Services. If during the two year period following the completion of Services, it is shown that there is an error in the Services solely as a result of ATS's failure to meet these standards, ATS shall re- perform such substandard Services as may be necessary to remedy such error at no cost to CLIENT. Since ATS has no control over local conditions, the cost of labor and materials, or over competitive bidding and market conditions, ATS does not guarantee the accuracy of any construction cost estimates as compared to contractor's bids or the actual cost to the CLIENT. ATS makes no other warranties either express or implied and the parties' rights, liabilities, responsibilities and remedies with respect to the quality of Services, including claims alleging negligence, breach of warranty and breach of contract, shall be exclusively those set forth herein. (d) ATS shall, if requested in writing by CLIENT, for the protection of CLIENT, require from all vendors and subcontractors from which ATS procures equipment, materials or services for the project, guarantees with respect to such equipment, materials and services. All such guarantees shall be made available to CLIENT to the full extent of the terms thereof. ATS's liability with respect to such equipment, and materials obtained from vendors or services from subcontractors, shall be limited to procuring guarantees from such vendors or subcontractors and rendering all reasonable assistance to CLIENT for the purpose of enforcing the same. Page 106 of 169 Page 2 AECOM (e) ATS will be providing estimates of costs to the CLIENT covering an extended period of time. ATS does not have control over any such costs, including, but not limited to, costs of labor, material, equipment or services furnished by others or over competitive bidding, marketing or negotiating conditions, or construction contractors' methods of determining their prices. Accordingly, it is acknowledged and understood that any estimates, projections or opinions of probable project costs provided herein by ATS are estimates only, made on the basis of ATS's experience and represent ATS's reasonable judgment as a qualified professional. ATS does not guaranty that proposals, bids or actual project costs will not vary from the opinions of probable costs prepared by ATS, and the CLIENT waives any and all claims that it may have against ATS as a result of any such variance. III. CLIENT'S RESPONSIBILITIES CLIENT shall at such times as may be required for the successful and expeditious completion of the Services; (a) Provide all criteria and information as to CLIENT's requirements; obtain all necessary approvals and permits required from all governmental authorities having jurisdiction over the project. and designate a person with authority to act on CLIENT's behalf on all matters concerning the Services. (b) Furnish to ATS all existing studies, reports and other available data pertinent to the Services, and obtain additional reports, data and services as may be required for the project. ATS shall be entitled to rely upon all such information, data and the results of such other services in performing its Services hereunder. IV. INDEMNIFICATION ATS agrees to indemnify and hold harmless CLIENT from and against any and all suits, actions, damages, loss, liability or costs (including, without limitation, reasonable attorneys' fees directly related thereto) for bodily injury or death of any person or damage to third party property if and to the extent arising from the negligent errors or omissions or willful misconduct of ATS during the performance of the Services hereunder. V. INSURANCE Commencing with the performance of the Services, and continuing until the earlier of acceptance of the Services or termination of this Agreement, ATS shall maintain standard insurance policies as follows: (a) Workers' Compensation and/or all other Social Insurance in accordance with the statutory requirements of the state having jurisdiction over ATS's employees who are engaged in the Services, with Employer's Liability not less than One Hundred Thousand Dollars ($100,000) each accident; (b) Commercial General Bodily Injury and Property Damage Liability and Automobile liability insurance including (owned, non -owned, or hired), each in a combined single limit of One Million Dollars ($1,000,000) each occurrence for bodily injury and property damage liability. This policy includes Contractual Liability coverage. ATS agrees to name CLIENT as Additional Insured on this policy, but only to the extent of ATS's Page 107 of 169 n_ -cram Page 3 negligence under this Agreement and only to the extent of the insurance limits specified herein. (c) Professional Liability Insurance with limits of $1,000,000 per claim and in the aggregate covering ATS against all sums which ATS may become legally obligated to pay on account of any professional liability arising out of the performance of this Agreement. ATS agrees to provide CLIENT with certificates of insurance evidencing the above described coverage prior to the start of Services hereunder and annually thereafter if required. ATS shall provide prompt notice to the CLIENT in the event of cancellation, material change, or non- renewal per standard ISO Acord Form wording and the policy provisions. VI. COMPENSATION AND TERMS OF PAYMENT Compensation for the services shall be on an hourly basis in accordance with the hourly fees and other direct expenses in effect at the time the services are performed. Total compensation is a not -to -exceed fee of Thirty -Three Thousand Dollars ($33,000.00). ATS may bill the Client monthly for services completed at the time of billing. CLIENT agrees to pay ATS the full amount of such invoice within thirty (30) days after receipt thereof. In the event CLIENT disputes any invoice item, CLIENT shall give ATS written notice of such disputed item within ten (10) days after receipt of invoice and shall pay to ATS the undisputed portion of the invoice according to the provisions hereof. CLIENT agrees to abide by any applicable statutory prompt pay provisions currently in effect. VII. TERMINATION CLIENT may, with or without cause, terminate the Services at any time upon fourteen (14) days written notice to ATS. The obligation to provide further Services under this Agreement may be terminated by either party upon fourteen (14) days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party, providing such defaulting party has not cured such failure, or, in the event of a non -monetary default, commenced reasonable actions to cure such failure. In either case, ATS will be paid for all expenses incurred and Services rendered to the date of the termination in accordance with compensation terms of Article VI. VIII. OWNERSHIP OF DOCUMENTS (a) Sealed original drawings, specifications, final project specific calculations and other instruments of service which ATS prepares and delivers to CLIENT pursuant to this Agreement shall become the property of CLIENT when ATS has been compensated for Services rendered. CLIENT shall have the right to use such instruments of service solely for the purpose of the construction, operation and maintenance of the Facilities Any other use or reuse of original or altered files shall be at CLIENT's sole risk without liability or legal exposure to ATS and CLIENT agrees to release, defend and hold ATS harmless from and against all claims or suits asserted against ATS in the event such documents are used for a purpose different than originally prepared even though such claims or suits may be based on allegations of negligence by ATS. Nothing contained in this paragraph shall be construed as limiting or depriving ATS of its rights to use its basic knowledge and skills to design or carry out other projects or Page 108 of 169 AECOM Page 4 work for itself or others, whether or not such other projects or work are similar to the work to be performed pursuant to this Agreement. (b) Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced and ATS makes no warranty as to the compatibility of these files with any other system or software. Because of the potential degradation of electronic medium over time, in the event of a conflict between the sealed original drawings and the electronic files,, the sealed drawings will govern. IX. MEANS AND METHODS (a) ATS shall not have control or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety measures and programs including enforcement of Federal and State safety requirements, in connection with construction work performed by CLIENT'S construction contractors. Nor shall ATS be responsible for the supervision of CLIENT's construction contractors, subcontractors or of any of their employees, agents and representatives of such contractors: or for inspecting machinery, construction equipment and tools used and employed by contractors and subcontractors on CLIENT's construction projects and shall not have the right to stop or reject work without the thorough evaluation and approval of the CLIENT. In no event shall ATS be liable for the acts or omissions of CLIENT's construction contractors, subcontractors or any persons or entities performing any of the construction work, or for the failure of any of them to carry out construction work under contracts with CLIENT. (b) In order that ATS may be fully protected against such third party claims, CLIENT agrees to obtain and maintain for the benefit of ATS the same indemnities and insurance benefits obtained for the protection of the CLIENT from any contractor or subcontractor working on the project and shall obtain from that contractor/subcontractor insurance certificates evidencing ATS as an additional named insured. X. INDEPENDENT CONTRACTOR ATS shall be an independent contractor with respect to the Services to be performed hereunder. Neither ATS nor its subcontractors, nor the employees of either, shall be deemed to be the servants, employees, or agents of CLIENT. XI. PRE-EXISTING CONDITIONS Anything herein to the contrary notwithstanding, title to, ownership of, legal responsibility and liability for any and all pre-existing contamination shall at all times remain with CLIENT. "Pre- existing contamination" is any hazardous or toxic substance present at the site or sites concerned which was not brought onto such site or sites by ATS. CLIENT agrees to release, defend, indemnify and hold ATS harmless from and against any and all liability which may in any manner arise in any way directly or indirectly caused by such pre-existing contamination except if such liability arises from ATS's sole negligence or willful misconduct. CLIENT shall, at CLIENT's sole expense and risk, arrange for handling, storage, transportation, treatment and delivery for disposal of pre-existing contamination. CLIENT shall be solely responsible for obtaining a disposal site for such material. CLIENT shall look to the Page 109 of 169 AECOM Page 5 disposal facility and/or transporter for any responsibility or liability arising from improper disposal or transportation of such waste. ATS shall not have or exert any control over CLIENT in CLIENT's obligations or responsibilities as a generator in the storage, transportation, treatment or disposal of any pre-existing contamination. CLIENT shall complete and execute any governmentally required forms relating to regulated activities including, but not limited to generation, storage, handling, treatment, transportation, or disposal of pre-existing contamination. In the event that ATS executes or completes any governmentally required forms relating to regulated activities including but not limited to storage, generation, treatment, transportation, handling or disposal of hazardous or toxic materials, ATS shall be and be deemed to have acted as CLIENT's agent. For ATS's Services requiring drilling, boring, excavation or soils sampling, CLIENT shall approve selection of the contractors to perform such services, all site locations, and provide ATS with all necessary information regarding the presence of underground hazards, utilities, structures and conditions at the site. XII. LIMITATION OF LIABILITY CLIENT agrees that ATS's liability for the act, error or omission in its performance of services under this Agreement shall in no event exceed the amount of the total compensation received by ATS. It is intended by the parties to this Agreement that ATS's services in connection with the project anticipated herein shall not subject ATS's individual employees, officers, or directors to any personal legal exposure for the risks associated with this project. XIII. DISPUTE RESOLUTION If a dispute arises out of, or relates to, the breach of this Agreement and if the dispute cannot be settled through negotiation, then ATS and the CLIENT agree to submit the dispute to mediation. In the event ATS or the CLIENT desires to mediate any dispute, that party shall notify the other party in writing of the dispute desired to be mediated, If the parties are unable to resolve their differences within 10 days of the receipt of such notice, such dispute shall be submitted for mediation in accordance with the procedures and rules of the American Arbitration Association (or any successor organization) then in effect. The deadline for submitting the dispute to mediation can be changed if the parties mutually agree in writing to extend the time between receipt of notice and submission to mediation. The expenses of the mediator shall be shared 50 percent by ATS and 50 percent by the CLIENT. This requirement to seek mediation shall be a condition required before filing an action at law or in equity. However, prior to or during the negotiations or the mediation either party may initiate litigation that would otherwise be barred by a statute of limitations. and ATS may pursue any property liens or other rights it may have to obtain security for the payment of its invoices. XIV. MISCELLANEOUS (a) This Agreement constitutes the entire agreement between the parties hereto and supersedes any oral or written representations, understandings, proposals, or communications heretofore entered into by or on account of the parties and may not be changed, modified, or amended except in writing signed by the parties hereto. In the event of any conflict between this contract document and any of the exhibits hereto, the terms and provisions of this contract document shall control. In the event of any conflict among the exhibits, the exhibit of the latest date shall control. (b) This Agreement shall be governed by the laws of the State of Iowa. Page 110 of 169 AECOM Page 6 (c) ATS may subcontract any portion of the Services to a subcontractor approved by CLIENT. In no case shall CLIENT's approval of any subcontract relieve ATS of any of its obligations under this Agreement. (d) In no event shall either party be liable to the other for indirect or consequential damages, including, but not limited to, loss of use, loss of profit or interruption of business, whether arising in contract, tort (including negligence), statute, or strict liability. (e) In the event CLIENT uses a purchase order form to administer this Agreement, the use of such form shall be for convenience purposes only, and any typed provision in conflict with the terms of this Agreement and all preprinted terms and conditions contained in or on such forms shall be deemed stricken and null and void. This Agreement gives no rights or benefits to anyone other than CLIENT and ATS and does not create any third party beneficiaries to the Agreement. (f) IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year written below. APPROVED FOR CITY OF WATERLOO APPROVED FOR AECOM By By: Printed Name: Quentin Hart Printed Name: Douglas W. Schindel, RE Title Mayor Title: Associate Vice President Date: Date: October 3, 2017 Page 111 of 169 CITY OF WATERLOO FINAL CLARIFIER MAINTENANCE AND REPAIRS — BORING AND PIEZOMETER INSTALLATION AND VARIANCE SUBMISSION EXHIBIT A A. PROJECT DESCRIPTION At the Water Pollution Control Facility (WPCF), the final clarifiers on the Easton Treatment Plant are in need of repair Final Clarifier No. 3 was not operating properly and was taken out of service. During maintenance activities on this clarifier, it was observed that the rake and skimmer mechanism were not plumb, causing failed operations. It was also observed that there appeared to be groundwater leaking through the wall of the clarifier, which was not from the installed pressure relief valves. Due to high groundwater at the site, it is difficult to properly maintain the clarifier equipment. There is a risk to the structure of the clarifier if the tank is pumped down without properly bringing the groundwater level around it down. The mechanisms in these clarifiers are approaching the end of their projected useful life. Requirements for providing permanent dewatering wells near the final clarifiers have been reviewed per the Iowa Code and with discussions with Iowa DNR. In the Iowa Code, dewatering well is considered temporary in nature; and if permanent wells are installed, they must comply with the Iowa Code and be constructed as if they are wells intended for drinking water. To make the dewatering wells permanent and built and designed for that function, a variance request needs to be submitted to Iowa DNR for approval. We propose to install a boring and piezometer to gather the necessary data and information to submit the variance and aid in the future pumping tests and design of the permanent wells. B. SCOPE OF SERVICES The Scope of Services will encompass and include detailed work, services, materials, equipment, personnel and supplies necessary to install a boring and piezometer, analyze collected data, and apply for a variance to Iowa DNR. Design Services The Scope of Services for the design phase is further defined as follows: Task 1 - Kickoff Meeting. With the City of Waterloo and AECOM staff, a kickoff meeting will be conducted to discuss scope of project, objectives and goals. Task 2 - Boring and Piezometer Installation. Geotechnical drilling subcontractor will drill, sample, and core one boring 5 ft. into bedrock to a maximum of 100 feet total depth below ground surface and install a temporary 2 -inch -diameter PVC standpipe piezometer with a 5 - foot length of screen at the bottom of the sand stratum. An attempt will be made to sample the bedrock with the Standard Penetration Test (SPT) sampler; but if the bedrock is too hard to recover a sample, the bedrock will be cored 5 ft. to recover a representative sample to permit geological identification and classification. The core hole will be filled with bentonite chips or pellets. The piezometer is necessary to monitor the piezometric groundwater level before, during, and after a pumping test to be performed on one of three future wells planned for installation and testing after this investigation is completed. An AECOM geotechnical engineer or geologist will monitor the drilling, log the boring, and collect SPT samples and rock core both for testing and to delineate stratigraphy. Laboratory tests (primarily grain size distribution for coarse grained samples) will be performed on the Page 112 of 169 soil samples to characterize the index properties of the subsurface soils and allow them to be classified based on the Unified Soil Classification System (USCS). The piezometer will have a 2- to 3 -ft stickup with a vented cap and will be abandoned after pumping tests on the three future wells have been completed. Drill, sample, and core one boring into bedrock to a maximum of 100 feet total depth and install 2 -inch -diameter PVC standpipe piezometer with a 5 -foot screen at the bottom of the sand stratum. Task 3 - Analysis and Report. AECOM will evaluate the data from the field investigation, including the piezometric level, boring data and laboratory test results. AECOM will design an initial pressure relief test well system for Clarifier 3 that includes a plan of three wells, two additional temporary piezometers, a typical well detail, recommended temporary pump capacity, and outline specifications for materials, well drilling, well installation, well development, pump testing, well development, and one or more discharge point(s) for the three wells to be installed. It is intended to install the three wells at locations that can be logically incorporated into an overall future plan of several wells that can be selectively pumped to dewater any of the eight final clarifiers (Easton and Satellite). No details will be provided for future well manholes, valves and fittings, or piping. We will prepare a report that includes a boring log, laboratory test results, and design details for the three wells to be installed for relieving groundwater pressure beneath Clarifier 3. Task 4 - Drawings and Specifications. AECOM will prepare design drawings and specifications for the three -well, two -piezometer initial pressure relief well system for Clarifier 3. Task 5 - Apply to Iowa DNR for Variance. Using the data acquired and compiled, prepare and submit a request for variance to Iowa DNR to allow dewatering wells proposed to be made permanent. Phase II - Construction -Related Services The scope of construction -related services for future pumping tests and well installations will be determined at the time the services are needed and defined under a future amendment to this agreement. Construction -related services include construction staking, on-site field review, pump and materials testing, and contract administration during construction. O:\pdministrationWGREE\PROF\Wat Dewatering for Final Clarifier Main and Repairs.doc Page 113 of 169 CITY OF WATERLOO Council Communication Resolution approving Notice of Intent for NPDES coverage under general permit to the Iowa Department of Natural Resources for FY 2018 Sink Creek Channel Cleanout and Shaping, Contract No. 924, and authorize Mayor to execute said document. City Council Meeting: 10/16/2017 Prepared: 10/11/2017 REVIEWERS: Department Engineering Clerk Office SUBJECT: Submitted by: Recommended Action: Expenditure Required: Source of Funds: Reviewer Gentz, Dennis Even, LeAnn Action Approved Approved Date 10/11/2017 - 4:53 PM 10/12/2017 - 10:34 AM Resolution approving Notice of Intent for NPDES coverage under general permit to the Iowa Department of Natural Resources for FY 2018 Sink Creek Channel Cleanout and Shaping, Contract No. 924, and authorize Mayor to execute said document. Submitted By: Wayne Castle, PLS, PE Associate Engineer Recommend approval. These documents have been reviewed by this office and recommends approval by the City Council. $175.00 (1 -year permit) GO Bonds Page 114 of 169 CITY OF WATERLOO Council Communication Resolution terminating the parking easement agreement with U.S. Bank National Association dated March 2, 2009 filed as Doc. No. 2009-16447 for property located west of 425 Cedar Street, and authorize the Mayor and City Clerk to execute all necessary documents. City Council Meeting: 10/16/2017 Prepared: 10/12/2017 REVIEWERS: Department Reviewer Action Date Planning & Zoning Felchle, Kelley Approved 10/12/2017 - 2:53 PM ATTACHMENTS: Description Type D Master Agreement Approved in 2009 Cover Memo SUBJECT: Submitted by: Resolution terminating the parking easement agreement with U.S. Bank National Association dated March 2, 2009 filed as Doc. No. 2009- 16447 for property located west of 425 Cedar Street, and authorize the Mayor and City Clerk to execute all necessary documents. Submitted By: Noel Anderson, Community Planning and Development Director Recommended Action: Approval The termination of easement would be in accordance with the master easement agreement that was approved March 3, 2009 between the City of Waterloo and U.S. Bank National Association. Within section 2.d of the Summary Statement: agreement there is an easement provided to the bank and it may be terminated in connection with construction of a "Mixed -Use Building" as defined within the agreement. The city has entered into a development agreement with Grand Investments for a Mixed -Use Building to be constructed therefore the easement will be terminated with U.S. Bank. Expenditure Required: N/A Source of Funds: N/A Policy Issue: Economic Development, Strategic Plan Policy 1, 3 & 4. Alternative: N/A Background Information: N/A Page 115 of 169 Page '1 bf 1 t/V TYPE OF DOCUMENT: Master Easement Agreement PREPARER INFORMATION: Christopher S. Wendland P.O. Box 596 Waterloo, IA 50704 Phone: (319)234-5701 RETURN DOCUMENT TO: First American Title Insurance Company Kristy Marleau 1900 Midwest 1' l ala, 801 Nicollet Mall Minneapolis MN 55402 Phone: (612)305.2175 Ref: NCS -313028-1 IIIIIII IInN III ll!"I I I II II II IIIII IIf II IIIII SII INTI 11111 11111 loll ull 1111 Doc ID. 003687670024 Type GEN Recorded: 03/05/2009 at 01:32:57 PM Fee Amt: $122.00 Page 1 of 24 Instr# 200800019208 Black Hawk County Iowa JUDITH A MCCARTHY RECORDER Book 1080 Pape 20783 - 2080066^_A Book: 1080 Page: 20783 File t�4r?'0rg'30e644�83: 1 , Page 116 of Vitt Waterloo, IA MASTER EASEMENT AGREEMENT THIS MASTER EASEMENT AGREEMENT (the "Agreement") is made as of March 3, 2009 (the "Effective Date") between U.S. BANK NATIONAL ASSOCIATION, a national banking association ("Bank") and CITY OF WATERLOO, IOWA, a municipal corporation (the "City"). RECITALS A. City considers development within the downtown and riverfront areas of the City to be a benefit to the community and has adopted the Downtown Waterloo Riverfront Urban Renewal and Redevelopment Plan (the "Plan"), and within the Plan has designated a geographic area of the City as the "Plan Area." B. Bank, as the successor by merger to Mercantile Bank of Northern Iowa, is the owner of certain real property located within the Plan Area, and the City has targeted said property for redevelopment in furtherance of the objectives of the Plan. C. On this date, Bank and City closed on a transaction pursuant to a certain Exchange Agreement, dated September 2, 2008, by and between City and Bank, in which, among other things, the City and Bank exchanged certain real property in Waterloo, Iowa (the "Transaction"). D. Bank is the fee owner of that certain real property located at 425 Cedar Street, Waterloo, Iowa, as legally described and depicted on the attached Exhibit A ("Bank Property"). City is the fee owner of that certain real property legally described and depicted on the attached Exhibit B ("City Property"). The Bank Property and the City Property are depicted on the attached Exhibit C. E. City's development of the City Property and adjacent parcels (the "Project") includes the following components: (i) expected construction of a multi -story mixed-use retail and residential building ("Mixed -Use Building") on the City Property and adjacent property located north of the City Property, (ii) the construction of a pedestrian walkway, plaza, and surface parking lot on the City Property (collectively, the "Plaza"), and (iii) the construction and reconfiguration of various parking areas, including various surface lots for the Bank's use as described in greater detail in this Agreement. Preliminary drawings depicting certain elements of the Project are attached as Exhibit 1) hereto. F. To accommodate the City's construction and operation of the Project, Bank desires to grant to the City certain easements rights over portions of the Bank Property. To allow for seamless operation by Bank of the bank branch and office use on the Bank Property and in furtherance of the objectives set forth in the Exchange Agreement, City desires to grant to the Bank certain easement rights over portions of the City Property. 1 Page 117 of 169 Waterloo, IA NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Bank and City agree as follows: 1. Bank Easement Grants to City. Bank hereby grants to City the following easements subject to the restrictions set forth in this Agreement. All easements identified in this Section 1 shall benefit and run with the City Property, and burden and run against the Bank Property. a. Temporary Construction Easement. Bank hereby grants to the City a temporary easement for the purposes of -(i) site work, staging and constructing the Plaza over and upon the cross- hatched portion of the Bank Property labeled as "Staging Area" on the attached Exhibit E; (ii) pedestrian and vehicular ingress and egress servicing the Plaza construction site over and upon the cross -hatched portion of the Bank Property labeled as "Construction Access Area" on the attached Exhibit E; and (iii) reconfiguring, repaving, and re -striping the portion of the parking lot on the Bank Property, referred to herein as the "Reconfigured Parking Lot Area," in accordance with the site plan attached hereto as Ex li i bi t F and specifications reasonably approved by Bank. Promptly after completion of the relevant work contemplated hereunder, City shall repave any part of the parking lot that is disturbed by construction activities and shall restripe the entire lot (including those portions situated on the remainder of the Bank Property) upon completion. Except where the Reconfigured Parking Lot Area overlaps with the Staging Area or Construction Access Area, City may not enter into the Reconfigured Parking Lot Area until the seventh (7th) day after City notifies Bank in writing of its intent to commence work thereon. To mitigate against the risk of injury or damage to persons or property, Bank agrees that City may erect temporary barriers to segregate the Staging Area and/or Construction Access Area from the remainder of the Bank Property to exclude persons who are not engaged in the purposes for which the easements herein are granted; provided, however, that at no time shall City obstruct or in any way obstruct any access point along Cedar Street to Bank's remaining property without Bank's prior consent. City's use of the Staging Area and the Construction Access Area shall be exclusive. The easement rights granted under this subsection (a) shall commence on the date of Bank's receipt of written notice from the City of City's intention to commence construction of the Plaza, but in no event earlier than the fifteenth (15th) day after the Effective Date of this Agreement (the later of such dates being the "Trigger Date") and terminate once any part of the Plaza, including the underlying parking lot (the "Covered Parking Lot"), is open to the public. 2. City Easement Grants to Bank. City hereby grants to Bank the following easements subject to the restrictions set forth in this Agreement. All easements identified in this 2 Page 118 of 169 Waterloo, IA Section shall benefit and run with the Bank Property, and burden and run against the City Property. a. Temporary Parking and Access Easement — Prior to Construction of Plaza. City hereby grants to the Bank a temporary easement for the exclusive use of the land legally described and depicted on the attached Exhibit 0 (the "Open Plaza Parking Area"). Bank may use the Open Plaza Parking Area in the same or similar manner as the Bank used such land prior to the Transaction. This easement shall commence on the Effective Date and terminate on the Trigger Date. Bank shall maintain the Open Plaza Parking Area during the term of this easement in a manner similar to that in which Bank maintained such land prior to the Transaction, except that Bank shall not be obligated to repave or re -stripe the Open Plaza Parking Area. So long as City does not interfere with Bank's use of the Open Plaza Parking Area during the term of this easement, City may enter onto the Open Plaza Parking Area to conduct any non-invasive tests or investigations related to planning for Plaza construction. b. Permanent Parking Easement for Remote Lot. City hereby grants to the Bank a permanent easement over and across that portion of the City Property depicted on the attached Exhibit 11 (the "Remote Lot") for the use of twenty-eight (28) parking spaces (which are numbered 1 through 28 on the exhibit) and non-exclusive use of the drive aisles and access points located thereon and related uses. Bank's use of the twenty- eight (28) parking spaces shall be exclusive during the customary hours of operation of the bank branch on the Bank Property, otherwise such use shall be non-exclusive. Such easement shall commence on the Trigger Date. City agrees to number the parking spaces and to install reasonable signage identifying such spaces as "leased" parking. City shall maintain and light at its cost and expense the Remote Lot in the same manner in which it maintains the remainder of the parking lot serving the Waterloo Center for the Arts (the "Center"), except that Bank shall reimburse to City Bank's pro rata share, based on the number of parking spaces, of reasonable costs for repaving, re -striping, or plowing the Center parking lot (including the Remote Lot). Bank may reasonably withhold approval of the plans and specifications for the Remote Lot if the Remote Lot does not contain twenty-eight (28) parking spaces and is not located in approximately the location set forth in Exhibit H. c. Temporary Parking Easement. City hereby grants to Bank a non- exclusive temporary easement for the purpose of ingress and egress, parking, and related uses over, upon, across and through the property depicted as "20 spaces" on the attached Exhibit I. Such easement shall commence on the Trigger Date and terminate upon the City's completion of the Remote Lot and the reconfiguration, repaving, and re -striping of the Reconfigured Parking Lot Area in accordance with the site plan attached hereto as Exhibit 1' and specifications reasonably approved by Bank. Bank's use of this easement area is limited to the customary hours of operation of the bank branch on the Bank Property. Bank shall take commercially reasonable efforts to inform its employees, guests and invitees to use this easement area only as necessary for the purpose of daily bank business and for no other purpose. Upon termination of this easement, Bank will 3 Page 119 of 169 Waterloo, IA return the easement area to City in substantially the same condition as it existed upon the Effective Date. d. Covered Parking Lot Easement. City hereby grants to the Bank an easement for the non-exclusive use of the parking lot and ingresses and egresses on the City Property legally described and depicted on the attached Exhibit J. This easement is conditional and shall be in effect only if the Mixed -Use Building is not constructed, in which case this easement shall commence once the Covered Parking Lot is functional. If the Mixed -Use Building is built at a later time, then this easement shall terminate sixty (60) days after delivery of written notice from City to Bank. Bank's use of this easement area is limited to the customary hours of operation of the bank branch on the Bank Property. Bank shall take commercially reasonable efforts to inform its employees, guests and invitees to use this easement area only as necessary for the purpose of daily bank business and for no other purpose. e. Overflow Parking Easement. City hereby grants to Bank a non- exclusive permanent easement for the purpose of ingress and egress, parking, and related uses over, upon, across and through the property depicted as "overflow parking area" on the attached Exhibit I. Such easement shall commence on the Trigger Date. Bank's use of this easement area is limited to the customary hours of operation of the bank branch on the Bank Property. Bank shall take commercially reasonable efforts to inform its employees, guests and invitees to use this easement area only as necessary for the purpose of daily bank business and for no other purpose. With respect to all easements granted under this Section 2, City shall provide no additional security for the employees, agents, guests and invitees of the Bank and their respective vehicles and possessions. The Bank's employees, guests and invitees may use each of the easement areas set forth in this Section 2 subject to the limitations set forth herein. 3. Plaza Improvements. If City elects to construct the Plaza, then the City, at its expense, shall construct the ground surface parking lot on the City Property at an elevation approximately level with the existing site elevation, and such lot shall be paved with asphalt and integrated with the existing surface parking lot on the Bank Property so as to minimize, to the extent reasonably possible, any drop or raise in the grade between the surface parking lots on the City Property and the Bank Property. Following completion of the Covered Parking Lot and Plaza, City shall, at its own cost, be responsible for ongoing maintenance and repair of the Covered Parking Lot and Plaza walls, supporting pillars, roof or ceiling, and other structural elements and for any and all reasonable or necessary maintenance and repair of the driving and parking surfaces designed for vehicular traffic in the Covered Parking Lot. Bank shall pay a reasonable pro rata share, based on the number of spaces it uses on a daily basis, of the parking surface maintenance costs. The overhead pedestrian plaza and walkway shall be constructed so that a minimum clearance of seven (7) feet is provided from the ground surface of the Covered Parking area. 4 Page 120 of 169 Waterloo, IA 4. General Terms Regarding Easement Grants. A. Maintenance. Except as otherwise provided in this Agreement, the grantee of each easement (the "Grantee") shall maintain and operate the easement area, and any permitted improvements at its sole cost and expense, in a safe and workman -like manner and shall keep and maintain the same in a professional and sightly condition at all times. B. Use. Grantee agrees that it shall comply with all rules, laws, ordinances and requirements regarding its use of the easement area and shall obtain any and all required permits and licenses at its sole cost and expense. Grantee shall use the easement area only as necessary for the purposes described in this Agreement and shall use its best efforts not to interfere with use and enjoyment by the grantor of the easement (the "Grantor") of Grantor's property. Grantee shall keep the easement area free and clear of debris at all times and shall not use the easement area for the storage of material. C. Indemnity. To the extent permitted by applicable law, Grantee hereby indemnifies and holds Grantor harmless from and against any injury, expense, damage, liability or claim imposed on Grantor by any person whomever, whether due to damage to the easement area, claims for injuries to the person or property of any person in, on, or about the easement area for any purpose whatsoever, or administrative or criminal action by a governmental authority, whether such injury, expense, damage, liability or claim results either directly or indirectly from the act, omission, negligence, misconduct or breach in the use of the easement area or the terms of this Agreement by Grantee, its agents, employees, servants, contractors, or any other person entering upon the easement area under express or implied invitation or consent of Grantee. Grantee further agrees to reimburse Grantor for any costs or expenses, including, but not limited to, court costs and reasonable attorney's fees, which Grantor may incur in investigating, handling or litigating any such claim or any action. D. Damage. Grantee agrees to promptly repair any and all damage caused to the easement area or the Grantor's property by Grantee, its employees, agents or contractors. E. Insurance. Grantee shall require its agents and contractors, if any, to carry worker's compensation insurance as required by applicable law and comprehensive liability coverage for injury to or death of a person or persons and for damage to property occasioned by or arising out of any use of the easement area. Grantee shall maintain such liability and property damage insurance coverage (and may self -insure) as it deems reasonable in its business judgment. F. Grantor Use of Easement Areas. With respect to any non-exclusive easement grated hereunder, Grantor reserves the right to use the easement area for any purpose not inconsistent with the rights granted to Grantee in this Agreement. Grantor may not use any easement area for which an exclusive easement was granted. 5 Page 121 of 169 Waterloo, IA G. Mechanic's Liens. Grantee shall not create or permit to be created or to remain, and shall discharge, any lien, encumbrance or charge (levied on account of any mechanic's or materialman's lien) which might be or become a lien, encumbrance or charge upon Grantor's property or any part thereof. If any mechanic's or materialman's lien on account of work performed at the direction of Grantee shall at any time be filed against the Grantor's property or any part thereof, or prior to the commencement of any action to enforce such lien, whichever is earlier, Grantee, within ten (10) business days after notice of the filing thereof, shall cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If Grantee shall fail to cause such lien to be discharged within such period, then, in addition to any other right or remedy, Grantor may, but shall not be obligated to, discharge the same either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or by bonding proceedings, and in any such event Grantor shall be entitled, if Grantor so elects, to compel the prosecution of an action for the enforcement of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Grantee agrees to reimburse and to pay to the Grantor on demand any amount so paid by Grantor and all reasonable costs and expenses, including reasonable attorneys' fees, incurred by Grantor in connection therewith, together with interest thereon at the prime rate from the respective dates of Grantor's notice to Grantee of the making of the payment or the incurring of the cost and expense, including such reasonable attorneys fees. 5. Successors. The easements, rights and obligations, including, without limitation, the maintenance obligations provided under the terms of this Agreement shall be binding upon all entities having or acquiring any right, title or interest in the Bank Property or City Property, respectively. 6. Breach; Self -Help Rights. It is expressly agreed that no breach of this Agreement shall entitle any party to cancel, rescind or otherwise terminate this Agreement. However, such limitation shall not affect in any manner any other rights or remedies which a party may have under this Agreement or under any applicable law by reason of any such breach. If either party fails to perform its maintenance or repair obligations under this Agreement within a commercially reasonable time, the other party may, but is not obligated to, complete any or all of such obligations (i) upon fourteen (14) days' notice to the nonperforming party in the case of a non -emergency, or (ii) without notice to the nonperforming party in the case of an emergency. The nonperforming party shall reimburse the performing party for all reasonable costs and expenses incurred by the latter upon demand. 7. Amendment. This Agreement may not be amended or modified except by written agreement signed by both parties. In the event any provision of this Agreement shall be held invalid, the same shall not affect in any respect the validity of the remainder of this Agreement. 8. Notice. All notices, demands and requests (each a "notice") required or permitted to be given under this Agreement must be in writing and shall be deemed to have been properly given or served either on the date of hand delivery or the date such notice is deposited with the 6 Page 122 of 169 Waterloo, IA United States Mail, addressed to City or Bank, as the case may be, prepaid and registered or certified mail or delivery charges prepaid, return receipt requested, at the following addresses: To City: with a copy to: To Bank: with a copy to: City of Waterloo Attn: Mayor 715 Mulberry Street Waterloo, IA 50703 City of Waterloo Attn: City Planner 715 Mulberry Street Waterloo, IA 50703 U.S. Bank National Association Corporate Real Estate Attn: Paul Menner 9321 Olive Blvd. St. Louis, MO 63132 Telephone: (314) 216-4484 U.S. Bank National Association Attn: Corporate Real Estate Counsel U.S. Bancorp Center BC-MN-H21R 800 Nicollet Mall Minneapolis, MN 55402 Rejection or refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to be receipt of the notice, demand or request. Either party shall have the right from time to time and at any time upon at least ten (10) days' written notice thereof, to change their respective addresses, and each shall have the right to specify as its address any other address within the United States of America. [Remainder ofpage intentionally left blank Signature pages and exhibits follow.] 7 Page 123 of 169 Pagel of 1 Waterloo, IA WHEREFORE, Bank and City have executed this Master Easement Agreement by their duly authorized representatives as of the date first above written. BANK: U.S. BANK NATIONAL ASSOCIATION STATE OF MISSOURI COUNTY OF 377 &,, h 4_4 ) ss. Paul a.4.deAu>7.4.4 R. Menner, Vice President Gorham, Vice President Marilyn C. Ochs r ;ry Public St. Charles County, S . to o; iv'i 3ouri My Commission Exp:.cs 4/M2009 Commission Number 05-153791 On this oU"-- day of February, 2009, before me, the undersigned, a Notary Public in and for the State of ,',s,1ep,,,,,, duly commissioned and sworn, personally appeared Paul R. Menner and Paul N. Gorham, to me known to be the persons of U.S. BANK NATIONAL ASSOCIATION, the national banking association that executed the within and foregoing instrument, and acknowledged said instrument to be a free and voluntary act and deed and the free and voluntary act and deed of U.S. BANK NATIONAL ASSOCIATION for the uses and purposes therein mentioned; and on oath stated that each was authorized to execute the said instrument on behalf of said U.S. BANK NATIONAL ASSOCIATION. IN WITNESS WHEREOF I have hereunto set my hand and official seal this v'75- day of February, 2009. Notary Publi' 8 Book: 1080 Page: 20783 File Number: 2009-00016447 Seq: 9 Page 124 of 169 CTI'Y: CITY OF WATERLOO ATTEST: Y Nancy Eckert(( ity Clerk STATE OF IOWA COUNTY OF BLACK HAWK On this (,/ day of '�(i�-,l , 2009, before me, a Notary Public in and for the State of Iowa, personally appeared Tim thy J. Hurley and Nancy Eckert, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa; the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council as contained in Resolution No. 2008-768 adopted by the City Council on September 2, 2008, and that Timothy J. Hurley and Nancy Eckert acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. ) ss. By: Timothy J. Hur114-44 ayor Waterloo, IA 9 SII Page 125 of 169 EXHIBIT A Legal Description of Bank Property [See following 2 pages.] Waterloo, IA Page 126 of 169 Waterloo, IA MEWED f Y. MICHiEL ?. FhGLE, WITH TECH, 524 SYCh11OI E `TrtEL', SJ[TE 222, 'dhTCFLDD, 10NI1, 50703, 319.232.5531 CITY OF WATERLOO, IOWA REMAINDER DESCRIPTION DEED HOLDER: MERCANTILE BANK OF NORTHERN IOWA TAXES: FIRSTAR PROPERTY MANAGEMENT U� 10 ORIGINAL PLAT ON THE 'NEST SIDE OF THE CEDAR RIVER IN THE CITY' OF WATERLOO 6 4 r 3\ N41°02'4 l'Et `•. 195.000' 5 FRL BLK. I 4 7 1 SO° ,7'19'E 307.63' 2 C'• �0 nrf:cic,°O 44 tfi>. D• f L f 1xIS FYJ1 (!t 44101olciOP HAS DEO PEVIE',d[D BY TSE CITr Or Vh±Ef3C0. IO , Signadro of c ly Oralriinea Adninlstra!m Data 0504 5 tereby rangy that this Laid Der Tying dot:nant „at prapa+ad ay no or ,n dor dirket per}pn91 supero l a van er-4 Lhet I an a duly L Ieensed Land Sl.rveyac unra the 1a.s of fila Diana of lora. HICWEL P, FJLE Date L manse punter a"06 Hp ft:eras reneeal date Ls Deceiter 71,2COS Page, ase shfets covered by this seal: SETSlfM2'F2 EAR T H igT E C N N46°57191,9 301.21`IE1 \. 7 f 1 9 4 —5,010'27-4 1 >85.00r } I s• 1— P.0.13. * RELOCATED CEDAR STREET i60'i • FD REISAR/YEi LO'N PLASTIC CAP NO, 85Q5 0 50 100 150 200 SCALE IN FEET COUNTY PARCEL NO. 8913-26-229-001 EARTH TECH PROJECT PARCEL 1-8 SHEET 1 OF 2 Page 127 of 169 Waterloo, IA PRIEPAREO OYi MICHAEL R. FACLE. EARTH TECH. 50L SYCAMORE STREET, SaJ(TE 222. WATERLOO, IOWA. 50703, 3I9-212-8531 DESCRIPTION: REMAINDER PROPERTY A PARCEL OF _AND SITUATED IN PART OF LOTS I, 2, 3, 4 AND 5, IN BLOCK I, AND PART OF VACATED CEDAR STREET LYING NORTHEAST OF LOTS I, 2. 3, 4 AND 5, IN BLOCK. I, AND PART OF VACATED 3RD STREET LYING NORTHWEST OF LOT 5, IN BLOCK I, ALL IN THE ORIGINAL PLAT ON THE WEST SIDE OF- THE CEDAR RIVER IN THE CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA. MORE PART'CULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHEAST LINE OF SAID LOT I, WHICH IS 40.00 FEET NORMALLY DISTANT NORTHEAST OF THE SOUTHWEST LINE OF SAID LOT I; THENCE NORTH 48° (DEGREES) 57' (MINUTES) 19" (SECONDS) WEST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON A LINE THAT IS 40.03 FEET )NORTHEAST OF AND PARALLEL WITH THE SOUTHWEST LINE OF LOTS I, 2, 3, 4 AND 5 IN BLOCK I OF SAID ORIGINAL PLAT ON THE WEST SIDE OF THE CEDAR RIVER IN THE CITY OF WATERLOO, AND ITS EXTENSION NORTHWESTERLY, 307.21 FEET; THENCE NORTH 41°0?:4I" EAST, 185.00 FEET TO A LINE THAT IS 15.00 FEET SOUTHWEST OF AND PARALLEL WITH THE SOUTHWEST LINE OF FRACTIONAL BLOCK I OF SAID ORIGINAL PLAT ON THE WEST SIDE OF THE CEDAR RIVER IN THE CITY OF WATERLOO; THENCE SOUTH 413°57'19" EAST ON THE LINE THAT IS 15.00 FEET SOUTHWEST OF AND PARALLEL W TH THE SOUTHWEST LINE OF SAID FRACTIONAL BLOCK I, A DISTANCE OF 307$3 FEET TO THE PRESENT NORTHWESTERLY RIGHT-OF-WAY LINE OF PARK AVENUE; THENCE SOUTH 41°10'27" WEST ON THE PRESENT NORTHWESTERLY RIGHT-OF-WAY LINE OF PARK AVENUE, ALSO BEING -HE SOUTHEASTERLY LINE OF SAID LOT I AND ITS NORTHEASTERLY EXTENSION, 185.00 FEET TO THE POINT OF BEGINNING. CONTAINING 5E,873 SQUARE FEET, OR 1.31 ACRES. Page 128 of 169 EXHIBIT B I,e al Description of the City Property [See following 2 pages.] Waterloo, IA Page 129 of 169 Waterloo, IA hREPAREO [6n MICHAEL ?, EAGLE, EARTH TECH, 531. SYCAMORE STREET, SUITE 222, 'dATERL00, IOWA, 50703, 317-232-G53[ ACQUISITION PLAT CITY OF WATERLOO, IOWA FEE TITLE ACQUISITION DEED HOLDER: MERCANTILE BANK OF NORTHERN IOWA TAXES: FIRSTAR PROPERTY MANAGEMENT ° BLK.2 4 N41°09'5?'F� $ w • I15.Q0' 6 548°57'14"E 10 / J 9 "FRL 7 ORIGINAL PLAT ON THE NEST SIDE OF THE CEDAR RIVER IN THE CITY OF WATERLOO P.0 .H. 8 9 5 IP c V 4 TRIO Foot [T SONO I VISION HIS BEfH REYIF(t, O1' 11E CI Tr OF YA iEROy. 1/70. Signaora or c ty Ordinance Adnlnls[ratar Pato k herby car Lify that ih1t Land Sar Tying docent Yes proFrad by no or .r.da n r d lret t persaw l super, is onn and that 1 Ona duly Licensed Land Shoo ✓ icar the Imes of tha State of 1✓.a MEMO. R. FtCLE Rate licorice nurbar $NRS Mr litems reneval dote to Detester :II,2[D4 Fairs o- shorts ronored by this aa»I: r.. I seri: ;f. 2 E A R T H@ T It c H ''\ 7 ; \ , r ci �▪ 4� I. 8 /' cz'— Q'" 0- N 9 2 1c RELOCATED CE4,;R STREET iF0'i • FD REBAR{YELLOW PLASTIC CAP NO. 8505 O 50 100 150 200 SCALE IN FEET COUNTY PARCEL NO. 8913-26-229-001 EARTH TECH PROJECT PARCEL 1—A SHEET 1 OF 2 Page 130 of 169 Waterloo, IA PREPARED BY: MICHAEL R. PAGLE, EARTH TECH. 5JL SYCAMORE ST?EE Si1LTE 222, 'WATERLOO, 1011A.50703, 319-232-653L DESCRIPTION; FEE TITLE ACQUISITION A PARCEL OF ..AND SITUATED IN PART OF LOTS I, 2 AND 3, IN BLOCK 2. AND PART OF VACATE) CEDAR STREET LYING NORTHEAST OF LOTS 2 AND 3, IN BLOCK 2; AND PART OF VACATED WEST 3RD STREE) LYING SOUTHEAST OF LOT I. IN BLOCK 2. ALL IN THE ORIGINAL PLAT ON THE WEST SIDE OF THE CEDAR RIVER IN THE CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA. h'ORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS 10.00 FEET NORMALLY DISTAN- SOUTHEAST OF THE NORTHWEST LINE OF SAID LOT 3 AND 40.00 FEET NORMALLY DISTANT NORTHEAST OF THE SOJTHWEST LINE OF SAID LOT 3; THENCE NORTH 410 ,.DEGREES) 09' (MINUTES) 52" (SECONDS) EAS- (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON A LINE THAT IS 10.00 FEET SOUTHEAST OF AND PARALLEL ('11TH THE NORTHWEST LINE OF SAID LOT 3, A DISTANCE OF 185.00 FEET -0 A LINE THAT 1S 15.00 FEET SOUTHWEST OF AND PARALLEL WITH THE SOUTHWEST LINE OF FRACTIONAL BLOCK 2 OF SAID ORIGINAL PLAT ON THE WEST SIDE OF THE CEDAR RIVER IN THE CITY OF WATERLOO; THENCE SOD fH 48°57'19" EAST ON THE LINE THAT IS 15.00 FEET SOUTHWEST OF AND PARALLEL WITH THE SOUTHWEST t INE OF SAID FRACTIONAL BLOCK 2, A DISTANCE OF 242.40 FEET; THENCE SOUTH 41`)02'4I" WES-, 1E15.00 FEET TO A LINE THAT IS 40.00 =EET NORTHEAST OF AND PARALLEL WITH THE SOUTHWEST LINE OF SAID LOTS I, 2 AND 3 N BLOCK 2 OF SMD ORIGINAL PLAT ON THE WEST SIDE OF THE CEDAR RIVER IN THE CITY OF WATERLOO. AND ITS EXTENSION SOUTHEASTERLY; THENCE NORTH 48°57'19" WEST ON THE LINE THAT IS 40.00 FEET NORTHEAST OF AND PARALLEL WITH Ti -E SOUTHWEST LINE OF LOTS 1.2 AND 3 IN BLOCK 2 OF SAID ORIGINAL PLAT ON THE WEST SIDE OF THE CEDAR RIVER IN THE C1TY OF WATERLOO, AND ITS EXTENSION SOUTHEASTERLY, 242.79 FEET TO THE POINT OF BEGINNING. CONTAINING 44,B80 SQUARE FEET, OR 1,03 ACRES. Page 131 of 169 Waterloo, IA EXHIBIT C Aerial Photo of the City Property and Bank Properly Page 132 of 169 Waterloo, IA EXHIBIT D Preliminary ry Drawing of the Project CC w Page 133 of 169 Waterloo, IA EXHIBIT E Depiction of Temporary Construction Easement Area (Sec. La) 2 Page 134 of 169 Waterloo, IA EXHIBIT F Depiction of Reconfigured Parking Lot Area (Secs. 1.a.i i, 2.c.) Page 135 of 169 Waterloo, IA EXHIBIT G Depiction of the Open Plaza Parking Area (Sec. 2.a) Page 136 of 169 Waterloo, IA EXHIBIT H Depiction of Permanent Parking, Easement Area for Remote Lot (Sec. 2.b) Page 137 of 169 I Depiction of Temporary Parking Easement Area (Sec. 2.c) Wateidoo, IA Page 138 of 169 .7 Waterloo, IA EXHIBIT J Depiction of Covered Parking Lot Easement Area (Sec. 2.d) J ID \.CP.IGIN4L PLAT ON THF .} KEST SIDE OF THE CEDAR VavER • t'" / '., IN -HE CIT"' OF OATERLOC FRL BLK, 2 ,r i 8 ", mac^ 0.2-4 -: ' • \ � Sp. 43x57 rrE ! \\ r' 4 4t 'u -, /IFRLL-`• t`r �,�f 4 % � SLK. I� ti ‹�. t I �' 3 ,.......51 ,`'. `}fit .. / .� ^ Ems „../ \ 5, 2 %r / f +. \ r -4, '\ •9 tt N4.i7✓i',WE 5.10 — • �: G' f. `S ' 10 / ti �` . 1 i ' \ tl. ��� .. f 1 • 4 .� � !• t f5 rt •.•' / 441-f/ . h IE7.C1 V 148 9. W b°••--- ( -t SCA / ti \ 'S,,'r ,• 1 . r \ N. ✓ 9 fr ,.,, Y ▪ `. t 'S. t ti -J19'E •=9.00' �.\ 11. 15 ftar V S/11YIYI!L 416 E1Es rta N_f0 N 14 7.2`r Spin..✓t Oi Cal (rcarrr Ailanvaa. Nu I W.,- :1 cu {ass ..Faaa to s odor r >♦ Mr.:per 1 `.pr.as:r. a SUL I -x1.1• L. ,t.. .ac, 9a' a a.arr :w 1a.. aY •.V Y..r.. Y b.a_ 1111:ER1 F. r/7L1 1..Isa.'saw n05 •r I6'. s4 "ern 61 ales Imr.trr 2:..11)1 nu?... •1!'Ir sncrrs d. ten rm. yg157 eM 2 Fr E A Al T 11® T R O 11 NI d A =£L OC ATE71 CEDAR STREET ISO:' • T: r'EoLR • •E_LOa +'L565TIC _tP NO. '35-05 O 50 100 150 200 SCALE IN FUT COUNTY PAIN 8913-26-229-001 EARTH TECH PROJECT PARCEL 1—H SHEET 1 OF 2 Page 139 of 169 CITY OF WATERLOO Council Communication Resolution approving an Encroachment Agreement with FDP WTC, LLC to allow for a monument sign to encroach into the public right-of-way of Westfield Avenue as part of the Courtyard by Marriott at Tech Works Project at 250 Westfield Avenue. City Council Meeting: 10/16/2017 Prepared: 10/12/2017 REVIEWERS: Department Reviewer Action Date Planning & Zoning Schroeder, Aric Approved 10/12/2017 - 6:20 PM Clerk Office Higby, Nancy Approved 10/13/2017 - 9:42 AM ATTACHMENTS: Description Type D Encroachment Agreement Backup Material D application Backup Material SUBJECT: Submitted by: Resolution approving an Encroachment Agreement with FDP WTC, LLC to allow for a monument sign to encroach into the public right-of-way of Westfield Avenue as part of the Courtyard by Marriott at Tech Works Project at 250 Westfield Avenue. Submitted By: Noel Anderson, Community Planning and Development Director Recommended Action: Approval The applicant wishes to install a monument sign that would encroach into the public right-of-way of Westfield Avenue. The sign would be a 5'-10 3/4" long by 1'-6" deep by 3'-6" tall sign with a 4'-0" deep by 4'-0" wide footing. The proposed sign would extend approximately 29' past the property line Summary Statement: into the right-of-way, and would be approximately 11' from a storm sewer line located south of the proposed sign. Currently, the owner of the property is in the process of constructing the Courtyard by Marriott at Techworks Building 2. Expenditure Required: None Source of Funds: N/A Policy Issue: Infrastructue Alternative: N/A Page 140 of 169 Legal Descriptions: See atthached Exhibit "A" of the encroachment agreement for the legal description of the applicant's adjoining property. Page 141 of 169 Prepared by: Aric Schroeder, 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 ENCROACHMENT AGREEMENT THIS ENCROACHMENT AGREEMENT is entered into as of October , 2017, by and between FDP WTC, L.L.C. (hereinafter "Owner"), and the City of Waterloo, Iowa (hereinafter "City"). WHEREAS, Owner is the owner of real estate commonly known as 250 Westfield Avenue, Waterloo, Iowa 50701 and legally described in attached Exhibit "A (hereinafter "Owner's Property"); and WHEREAS, Owner are proposing to build and maintain a monument sign (hereinafter the "Encroachment") that will encroach into the public right-of-way of Westfield Avenue (hereinafter the "Right -of -Way"), said Encroachment being a 5'-10 3/a" long by 1'-6" deep by 3'-6" tall sign, with a 4'-O" deep by 4'-0" wide footing; and WHEREAS, for the benefit of the Owner's Property and its present and future owner(s), Owner are requesting to allow the Encroachment within a portion of said Right -of -Way as shown on the attached Exhibit "B" (hereinafter the "Encroachment Area") and as shown on the attached Exhibit "C" sign elevation diagram; and WHEREAS, the City is willing to allow the Encroachment to encroach into said Right -of -Way as described above, subject to the terms and conditions set forth herein. THEREFORE IT IS HEREBY AGREED by and between the parties as follows: 1. Owner hereby recognizes and reaffirms the existence and public ownership of the Right - of -Way and claims no rights or privileges therein except to the limited extent provided for in this agreement. 2, The City grants Owner the right to place and maintain the Encroachment in, upon and upon the Encroachment Area of said Right -of -Way, subject to the rights of the City and/or any agency to which the City has granted a utility franchise or right-of-way License Agreement to and for access over, under and upon said Right -of -Way, expressly recognizing and acknowledging that any damage that occurs to the Encroachment will be the sole risk and expense of Owner, including repair, removal or replacement expenses. In the event that the City and/or any agency to which the City has granted a utility franchise or right-of-way License Agreement needs the Encroachment to be temporarily removed for access to said Right -of -Way, Owner shall remove the Encroachment if present and able, otherwise the City and/or any agency to which the City has granted a utility franchise or right-of-way License Agreement shall be authorized to remove the Encroachment and assess any costs for removing same against Owner or against Owner's Property. 3. The term of this agreement shall be for so long as said Encroachment is maintained by Owner and continues to exist, and this agreement shall automatically terminate if said Encroachment is removed (other than for temporary removal during replacement or repair). The parties agree that this agreement is appurtenant to the Owner's Property and runs with the land. This agreement may be terminated by the City of Waterloo upon 60 days advance written notice and order to permanently remove to Owner, or any transferees, successors and assigns. If responsible parties fail to remove said Encroachment upon termination of this agreement, the City of Waterloo is hereby Page 142 of 169 authorized to remove said Encroachment and assess costs for removing same against Owner or against Owner's Property. 4. Owner shall protect, defend, indemnify, and hold harmless the City and its successors and assigns, and their officers, elected officials, employees, and agents, and any agency to which the City has granted a utility franchise or right-of-way License Agreement, from and against any claim, damages, liability and expenses (including, but not limited to, reasonable attorneys fees and costs of litigation) of any type or nature whatsoever, except those arising out of the negligent acts or omissions of the indemnified parties, arising out of the use, maintenance or removal of said Encroachment, including but not limited to any damage to said Encroachment. This covenant shall survive the termination of this Agreement. 5. This is the entire agreement between the parties with respect to the subject matter hereof. It may be amended only in a written instrument signed by the parties. This agreement is binding upon the parties and their respective transferees, successors, heirs and assigns. Time is of the essence in observing the terms of this agreement. IN WITNESS WHEREOF, the parties have executed this Encroachment Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA FDP WTC, L.L.C. By: FDP WTC MM, L.L.C. By: its: Managing ber Quentin Hart, Mayor Attest: Kelley Felchle, City Clerk STATE OF IOWA ) COUNTY OF BLACK HAWK ) SS. By: - Rodney A. Blackwell Managing Member This instrument was acknowledged before me on this day of October, 2017, by Quentin Hart and Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo. Notary Public STATE OF (17W o` COUNTY OF ? CkC,i; -4A&-.)SS. This instrument was acknowledged before me on this 12. day of October, 2017, by Rodney A. Blackwell, as Managing Member of FDP WTC MM, L.L.C., Managing Member of FOP WTC, LLC. NANCY NIGBY COMMISSION NO.788229 p,Ry C5Mi SIONPPkFt1=S ,7 Notary Public JVD Page 143 of 169 Exhibit A - Legal Description That portion of Lot One (1) of Techworks Addition, Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the Southeast corner of said Lot 1; Thence South 62°15'57" West on the South line of said Lot 1, a distance of 215.87 to the point of beginning; (The following four courses are on said South line) Thence continuing South 62°15'57" West, 152.67 feet; Thence South 67°29'55" West, 76.84 feet; Thence South 63°34'08" West, 20.45 feet to the beginning of an 833.33 -foot radius curve concave Northerly and having a long chord of 149.99 feet bearing South 68°43'54" West; Thence Westerly on the arc of said curve, 150.20 feet; Thence North 15°15'33" West, 165.58 feet; Thence North 20°28'28" West, 29.17 feet; Thence South 68°55'29" West, 44.61 feet; Thence North 20°17'51" West, 309.37; Thence North 69°00'00" East, 588.00 feet; Thence South 21°00'00" East, 65.70 feet to the beginning of a 142.82 -foot radius chord concave Southerly and having a long chord of 91.58 feet bearing South 87°35'27" East; Thence Easterly on the arc of said curve, 93.23 feet to an East line of said Lot 1 and the beginning of a 261.64 -foot radius curve concave Easterly and having a long chord of 131.55 feet bearing South 4°27'38" West; Thence Southerly on the arc of said curve and on an East line of said Lot 1, a distance of 132.98 feet; Thence South 59°48'31" West on an East line of said Lot 1, a distance of 20.27 feet; Thence South 30°11'29" East on an East line of said Lot 1, a distance of 65.85 feet; Thence South 59°33'58" West, 75.11 feet; Thence South 49°46'02" West, 108.25 feet; Thence South 18°14'11" East, 143.74 feet to the point of beginning. Page 144 of 169 OLDS VI "OO12131VM 3f1N1AV 013131SIM 09£ U DIeIOMHOli c©1101eleIbW X aelvxl?Jnoo S311b3dObd 10RllS10 1VI3NVNII oN dz z-,, Li N zr'- I o L,,-; wO T, —I o SIGNAGE LAYOUT PLAN Page 145 of 169 INVISION PLANNING IAa RE'IN, Es 303 Watson Powell Jr. Way Suite 200 515.633.2941 515.633.2942 Fax www.l nvl s l o n a ra h. c o m 1.1- .6-3 .{ .L k SIGNAGE EXHIBIT .9d FINANCIAL DISTRICT PROPERTIES COURTYARD BY MARRIOTT @ TECHWORKS 360 W ESTFIELD AVENUE WATERLOO, IA 50701 OUTLINE OF FOOTING L DATE: 10/09/17 ISSUANCE/ REFERENCE: CONSTRUCTION DOCUMENTS PROJECT NO: 12056.1 ELEVATION Page 146 of 169 City of Waterloo Planning & Zoning Department 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 ❑ Offer to Vacate and Purchase City Right -of -Way ❑ Request to Vacate Easement, Vacate Sidewalk, or Encroachment Agreement ❑ Sale of City -Owned Property Applicant: Financial District Properties Address: 201 N Harrison St Davenport, IA 52801 Phone No.: 563.324.9898 General Description of Property to Vacated (i.e.- alley between A St. & B St., South of C St.): Cedar Valley TechWorks property located at 360 Westfield Ave Waterloo IA 50701. North of Hwy 63/Hwy 218. East of W. Commercial St and west of Jefferson Street. Legal description of area to be conveyed, vacated, or encroached: The encroachment area of interest is a City owned easement that runs adjacent to the South edge of the parking lot and North of Westfield Avenue. The encroachment would be approximately 6'-0" x 4'-0" for the installation of a monument sign and footing. See additional exhibits. 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: 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 Date *Not required for easement vacates sidewalk vacates or Encroachment Agreements Page 147 of 169 SALE OF PROPERTY POLICY Price: All properties shall have an asking price of: 1. A current appraisal price 2. The current assessed value for that parcel 3. The current price per square foot of abutting property 4. The current price per square foot of adjacent property 5. The applicant or city staff may replace an above -determined asking price with current information on the sale of abutting or adjacent land Price may be modified by below information: RESIDENTIAL COMMERCIAL/INDUSTRIAL Buildable Buildable 1. Price as determined above (1-5) 1. Price as determined above (1-5) 2. Payment of future taxes may be counted against 2. City Council may sell land for $1.00 or similar price the purchase price. This shall be counted for 5 for areas within TIF, or Urban Renewal Districts, or years. For sites within CURA, it shall be extended Industrial Parks, as they see fit for betterment of to 8 years. that area (by Development Agreement) 3. If located within an area which has not seen recent 3. Payment of future taxes may be counted against new housing construction, City Council may sell for the purchase price. This shall be counted for 5 $1.00 plus costs, in accordance with a development years. For sites within CURA, it shall be extended agreement requiring the buyer to construct new to 8 years. housing. 4. Otherwise, a minimum sale price of 70% of the 4. Otherwise, a minimum sale price of 70% of the price as determined above. price as determined above. (Example: Council approved the sale of land to Con Agra at (Example: Council approved sale of 4 lots along Chestnut the MidPort Industrial Park for $1.00 in exchange for Street for $1.00 in exchange for requirement of 4 homes being requirement of multi-million pudding plant being constructed built within a 2 -year timeframe). within 2 -year timeframe). Un -buildable Un -buildable 1. Price as determined above (1-5) 1. Price as determined above (1-5) 2. May decrease price by 50% for area located within 2. May decrease price by 50% for area located within an easement an easement 3. Payment of future taxes may be counted against 3. May decrease price by 50%-100% for area in rear the purchase price. This shall be counted for 5 or determined to have little to no value (alley, etc.) years. For sites within CURA, it shall be extended 4. Payment of future taxes may be counted against to 8 years. the purchase price. This shall be counted for 5 4. Otherwise, a minimum sale price of 70% of the years. For sites within CURA, it shall be extended price as determined above to 8 years. (Example: A neighbor mowing a paper alley for 10 years may 5. Otherwise, a minimum sale price of 70% of the request to purchase that alley. The alley has overhead price as determined above electric lines. The asking price is $0.65 per sq. ft. - (Example 1: Under these rules, the r -o -w frontage along San hypothetical 16' wide by 120' deep - or $1,248.00. They can Marnan would still have been transferred for $1.00 due to reduce by 50% for the easement over the entire area. This taxable value of a new building on land. would make selling price $624.00) (Example 2: Under statement of eliminating rear areas with little to no value, Council could still sell alley portion in rear of property for $1.00 to Aramark- as previously requested). For all properties: 1. Payment of future taxes may be counted against the purchase price. This shall be counted for 5 years. For sites within CURA, it shall be extended to 8 years. This shall be -40% of entire taxes to roughly estimate City's share of taxes paid. 2. Goal is to have construction begun within a predetermined timeframe from approval of sale. 3. Development costs may be counted against purchase price: survey costs, demolition costs for redevelopment, etc. 4. The Council shall not sell un -buildable parcels of land, except to abutting property owners to try and create buildable parcels of land for future tax base development 5. The offer amount and potential sale will also consider "Smart Growth" principles to allow land to be used for the highest and best purpose in terms of allowing businesses and uses to grow in the developed portions of the community. PROCEDURE Any request that meets the Policy criteria, either through offering full asking price or by meeting criteria of added taxable value and expenses in relation to asking price, shall be forwarded to full City Council. Any request that fails to meet the Policy criteria shall not be forwarded to Building & Grounds or City Council. Any such applicant shall need to request review to Building & Grounds by themselves through a City Council member. Such a request shall require a $100.00 filing fee, which is not refundable, regardless of City Council decision. In any case, the City Council still reserves the right to sell property in a variety of manners, such as bidding, development proposal packets, or not selling the property. Page 148 of 169 CITY OF WATERLOO Council Communication An Ordinance amending the 2008 Traffic Code by rescinding Section 543 - Thru Streets - and deleting in its entirety (6) Ansborough Avenue and inserting a new subsection (6) Ansborough Avenue. City Council Meeting: 10/16/2017 Prepared: 9/27/2017 REVIEWERS: Department Traffic Operations ATTACHMENTS: Description ❑ Ordinance SUBJECT: Submitted by: Recommended Action: Summary Statement: Policy Issue: Background Information: Reviewer Even, LeAnn Action Approved Type Backup Material Date 9/27/2017 - 1:07 PM Motion to receive, file, consider and pass for the third time and adopt an Ordinance amending the 2008 Traffic Code by rescinding Section 543 - Thru Streets - and deleting in its entirety subsection (6) Ansborough Avenue and inserting a new subsection (6) Ansborough Avenue. Submitted By: Sandie Greco, Interim Public Works Director Adopt Ordinance Ansborough Avenue changes from a thru street from Rainbow Drive to the corporate city limits to from Rainbow Drive to Shaulis Road. Strategy 2.2: Enlist all City departments and staff members in efforts to promote a safer community. Ansborough Avenue is a primary thru street. Page 149 of 169 ORDINANCE NO. AN ORDINANCE AMENDING THE 2008 TRAFFIC CODE BY DELETING SUBSECTION (6) ANSBOROUGH AVE., TO SECTION 543 THRU STREETS BY ADDING A NEW SUBSECTION (6) ANSBOROUGH AVE. TO SECTION 543, THRU STREET, AS FOLLOWS: BE IT ORDAINED by the City Council of the City of Waterloo, Iowa: That Subsection (6) Ansborough Ave. is hereby deleted in its entirety, and a new subsection (6) Ansborough Ave. is inserted in lieu thereof to Section 543 Thru Streets, of the 2008 Traffic Code, as follows: (6) Ansborough Ave. South corporate limits to Rainbow Drive, except for All -Way Stop Intersection at Shaulis Road; except For signals at San Marnan Drive, Ridgeway Avenue, West Fourth Street, Martin Road, Sergeant Road; Home Park Blvd., Black Hawk Road, Downing Avenue, University Avenue, Falls Avenue, Stratford Avenue, Maynard Avenue, and Highway 218 ramps (Ord. #3241, 9/7/82; Ord. #4201, 10/21/96; 2000 Rev.) PASSED AND ADOPTED by the City Council this day of October, 2017, and approved by the Mayor this day of October, 2017. Quentin Hart, Mayor ATTEST: Kelley Felchle, City Clerk Page 150 of 169 CITY OF WATERLOO Council Communication An Ordinance amending the 2008 Traffic Code by amending Section 544 - All -Way Stop Intersections by adding Subsection (36) Shaulis Road and Ansborough Avenue. City Council Meeting: 10/16/2017 Prepared: 9/27/2017 REVIEWERS: Department Reviewer Action Date Traffic Operations Even, LeAnn Approved 9/27/2017 - 1:07 PM ATTACHMENTS: Description Type ❑ Ordinance Backup Material SUBJECT: Motion to receive, file, consider and pass for the first time an Ordinance amending the 2008 Traffic Code by amending Section 544 - All -Way Stop Intersections by adding Subsection (36) Shaulis Road and Ansborough Avenue. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted by: Submitted By: Sandie Greco, Interim Public Works Director Recommended Action: Adopt Ordinance Summary Statement: Policy Issue: A traffic study was conducted at the above mentioned intersection. Traffic conditions, crash history, pedestrians, bicyclists, and physical characteristics of the intersection were looked at. 4 -way Stops will improve safety & efficiency. Strategy2.2 - Enlist all City departments and staff members in efforts to promote a safer community. Strategy 4.5 - Maintain and develop community services and city facilities that support quality of place. Background Information: Shauis Road was made a thru street from Hwy 63 to Hwy 218. Page 151 of 169 ORDINANCE NO. AN ORDINANCE AMENDING THE 2008 TRAFFIC CODE BY ADDING SUBSECTION (36) SHAULIS ROAD AND ANSBOROUGH AVENUE TO SECTION 544, ALL -WAY STOP INTERSECTIONS, AS FOLLOWS: BE IT ORDAINED by the City Council of the City of Waterloo, Iowa: That Subsection (36) Shaulis Road and Ansborough Avenue is hereby added to Section 544, All - Way Stop Intersections, of the 2008 Traffic Code, as follows: (36) Shaulis Road and Ansborough Avenue. PASSED AND ADOPTED by the City Council this day of October, 2017, and approved by the Mayor this day of October, 2017. Quentin Hart, Mayor ATTEST: Kelley Felchle, City Clerk Page 152 of 169 CITY OF WATERLOO Council Communication Appeal of Main Street Design Board's decision by American Legion Post #138 for replacement of roof, located at 728 Commercial Street. City Council Meeting: 10/16/2017 Prepared: REVIEWERS: Department Reviewer Action Mayor Office Felchle, Kelley Approved ATTACHMENTS: Description Type ❑ Documents Backup Material Submitted by: Submitted By: Kelley Felchle, City Clerk Date 10/11/2017 - 10:02 AM Page 153 of 169 KELLEY FELCHLE From: Jim Hoffman<jim@jimhoffmanconstruction.com> Sent: Friday, October 13, 2017 6:20 AM To: Terry Brekke; KELLEY FELCHLE Cc: TOM LIND; Bob Greenwood; Dennis Sommer; Steve Grimm; Chuck Stejskal; Stan Stapella; KELLEY FELCHLE Subject: RE: Fwd: Good Morning all, As Terry and I informally discussed after Thursday night's Son's Squadron meeting, I intend to prepare a summary of the bids and for partial roof replacement on the American Legion building at 728 Commercial Street in Waterloo. Due to a busy schedule Friday, I will do my best to gather and summarize this information over the coming weekend in order to have it ready to send by Monday morning at the latest for discussion at Monday's City Council meeting. I will list our local professional roofing contractors we intend to approve as well as do my best to detail manufacturer and product line of roofing materials that we propose to use for replacement of the existing tile roof areas. As an officer of the Son's Squadron 138 and a member of Becker Chapman Post 138 Board of Trustees, I feel we should also utiluze this opportunity to make known the heavy financial burden and the nearly insurmountable debt that the renovation of our new location has placed on our shoulders. Any comments or advise you can offer are welcome. Respectfully, Jim Hoffman Jim@jimhoffmanconstruction.com Cell 319 493 0001 Original message From: Terry Brekke <brekketb@gmail.com> Date: 10/12/2017 4:09 PM (GMT -06:00) To: KELLEY FELCHLE <KELLEY.FELCHLE crwaterloo-ia.org> Cc: Tom Lind <tomlindcitycouncil !_,gmail.com>, Bob Greenwood <bob@greenwoodpharmacy.com>, Jim Hoffman <j im _ jimhoffmanconstruction.com> Subject: Fwd: OK, so here's the agenda item. OTHER COUNCIL BUSINESS 16. Appeal of Main Street Design Board's decision by American Legion Post #138 for replacement of roof, located at 728 Commercial Street. Submitted By: Kelley Felchle, City Clerk So now I need to see Main Street Design Board Decision. Cannot find on line and cannot find a contact Number for Tavis Hall. Can you help on either? 1 Page 154 of 169 Begin forwarded message: 2 Page 155 of 169 KELLEY FELCHLE From: Tom Lind <tomlindcitycouncil@gmail.com> Sent: Sunday, October 15, 2017 11:49 AM To: Bob Greenwood; Chuck Stejskal; Dennis Sommer; Jim Hoffman; Stan Stapella; Steve Grimm; Terry Brekke Cc: KELLEY FELCHLE Subject: Re: American Legion 138 roof Well said. This is exactly what information the council needs. Kelley, please attach to the agenda. On Sun, Oct 15, 2017 at 10:59 AM Terry Brekke <brekketb cr,gmail.com> wrote: Your comments please I don't know what the specific appeal states. Hope to know early Monday. 16. Appeal of Main Street Design Board's decision by American Legion Post #138 for replacement of roof, located at 728 Commercial Street. Submitted By: Kelley Felchle, City Clerk Begin forwarded message: From: "fames.hoffman54" lames. hoffman54@ gmail .com> Subject: American Legion 138 roof Date: October 14, 2017 at 10:15:11 AM CDT To: Terry Brekke <brekketb(a�gmail.com> To all concerned: Re: American Legion Becker Chapman Post 138. Relocation to 728 Commercial Street in Waterloo, Iowa. We here at Post 138 continue in our efforts to raise funds to replace our roof as well as pay off our past due debts to the contractors that helped us remodel our building and get our kitchen up and running. We were able to borrow money from Farmer's State Bank over a year ago to help cover some of the costs, however, we still owe our contractors and suppliers in excess of $40,000.00 which has been past due for more than one full year. To make financial matters worse, we are also faced with the expense of replacing part of our roof at an estimated cost approaching nearly $50,000.00 for the tile roof areas and the low pitch flat roof areas above the bar and lounge. Note that this cost estimate will in all likelihood go considerably higher depending on how much deteriorated roof deck, fascia and structural damage is found when the old roofing is removed. To date our fund raising efforts and generous donations from the community total nearly $23,000.00 for which we are very thankful! We come before this council to request consideration be given to allow us to replace the existing tile roof sections of our building's roof with a less expensive option than the repair and partial replacement of the existing clay tiles. 1 Page 156 of 169 We propose that we be allowed to install GAF brand Designer series asphalt roofing in a restoration design to be approved after selection by our Board of Trustees. This option would help us realize a savings of nearly $10,000.00 and allow us to begin the tile roof area replacement with the funds we have raised so far. We ask you to consider our proposal so that we can be able to schedule this project as soon as our selected contractor's schedule and weather conditions will allow in order to prevent further damage to the roof structure of the building. Respectfully, Officers and members of American Legion Post 138, SAL Squadron 138. Post 138 Board of Trustees TOM LIND Council Member At Large City of Waterloo, Iowa 2 Page 157 of 169 KELLEY FELCHLE From: Terry Brekke <brekketb@gmail.com> Sent: Sunday, October 15, 2017 1:35 PM To: TOM LIND Cc: Bob Greenwood; Chuck Stejskal; Dennis Sommer; Jim Hoffman; Stan Stapella; Steve Grimm; KELLEY FELCHLE Subject: Re: American Legion 138 roof Here is what the courier said today concerning council agenda. An appeal hearing from Becker -Chapman American Legion Post 138, which wants to put a metal roof on its building at Jefferson and West Sixth streets. Main Street Waterloo's design council rejected the design presented two years ago and Post 138 dropped a previous appeal. The location is wrong — should be Commercial. On Oct 15, 2017, at 11:48 AM, Tom Lind <tomlindcitycounci@gmail.com> wrote: Well said. This is exactly what information the council needs. Kelley, please attach to the agenda. On Sun, Oct 15, 2017 at 10:59 AM Terry Brekke <brekketb@gmail.com> wrote: Your comments please .1 don't know what the specific appeal states. Hope to know early Monday. 16. Appeal of Main Street Design Board's decision by American Legion Post #138 for replacement of roof, located at 728 Commercial Street. Submitted By: Kelley Felchle, City Clerk Begin forwarded message: From: "james.hoffman54" <james.hoffman54(gmail.com> Subject: American Legion 138 roof Date: October 14, 2017 at 10:15:11 AM CDT To: Terry Brekke <brekketbgmaii.com> To all concerned: 1 Page 158 of 169 Re: American Legion Becker Chapman Post 138. Relocation to 728 Commercial Street in Waterloo, Iowa. We here at Post 138 continue in our efforts to raise funds to replace our roof as well as pay off our past due debts to the contractors that helped us remodel our building and get our kitchen up and running. We were able to borrow money from Farmer's State Bank over a year ago to help cover some of the costs, however, we still owe our contractors and suppliers in excess of $40,000.00 which has been past due for more than one full year. To make financial matters worse, we are also faced with the expense of replacing part of our roof at an estimated cost approaching nearly $50,000.00 for the tile roof areas and the low pitch fiat roof areas above the bar and lounge. Note that this cost estimate will in all likelihood go considerably higher depending on how much deteriorated roof deck, fascia and structural damage is found when the old roofing is removed. To date our fund raising efforts and generous donations from the community total nearly $23,000.00 for which we are very thankful! We come before this council to request consideration be given to allow us to replace the existing tile roof sections of our building's roof with a less expensive option than the repair and partial replacement of the existing clay tiles. We propose that we be allowed to install GAF brand Designer series asphalt roofing in a restoration design to be approved after selection by our Board of Trustees. This option would help us realize a savings of nearly $10,000.00 and allow us to begin the tile roof area replacement with the funds we have raised so far. We ask you to consider our proposal so that we can be able to schedule this project as soon as our selected contractor's schedule and weather conditions will allow in order to prevent further damage to the roof structure of the building. Respectfully, Officers and members of American Legion Post 138, SAL Squadron 138. Post 138 Board of Trustees TOM LIND Council Member At Large City of Waterloo, Iowa 2 Page 159 of 169 CITY OF WATERLOO Council Communication Planning & Zoning Minutes from the Regular Meeting on August 1, 2017 and August 1, 2017 Special Meeting. City Council Meeting: 10/16/2017 Prepared: REVIEWERS: Department Reviewer Action Date Planning & Zoning Schroeder, Aric Approved 10/11/2017 - 11:03 AM Clerk Office Higby, Nancy Approved 10/11/2017 - 12:35 PM ATTACHMENTS: Description Type D P&Z Aug 1 minutes (reg mtg) Cover Memo D P&Z Aug 1 minutes (special mtg) Cover Memo SUBJECT: Submitted by: Planning & Zoning Minutes from the Regular Meeting on August 1, 2017 and August 1, 2017 Special Meeting. Submitted By: Page 160 of 169 MINUTES CITY OF WATERLOO, IOWA PLANNING, PROGRAMMING AND ZONING COMMISSION REGULAR MEETING - 4:00 P.M. AUGUST 1, 2017 The regular meeting of the Waterloo Planning, Programming, and Zoning Commission was called to order by Chairperson Holdiman at 4:03 p.m. in the Harold E. Getty Council Chambers at Waterloo City Hall. Members present were: Buttgen, Castle, Donat, Flynn, Hall (by phone), Holdiman, and Tyson. Members absent were: Miehe. Others present: Noel Anderson, Aric Schroeder, Chris Western, Tim Andera, Adrienne Miller, John Dornoff and Seth Hyberger - Planning Department, Eric Thorson — Engineering, and 25 citizens. I.Approval of the Agenda It was moved by Tyson, seconded by Castle to approve the agenda as submitted Motion carried unanimously. II. Approval of the Minutes from the Regular Meeting on July 11, 2017. Buttgen noted that the minutes did not note that Tom Powers and Jerome Amos were at the meeting and felt it should be noted. Donat questioned if Flynn was present at the last meeting. Flynn noted that she was not and Donat noted that the minutes noted she was present. It was moved by Buttgen, seconded by Donat to approve the minutes as amended Motion carried unanimously. III. Financial Report: June 2017 Anderson noted that June is 100 percent of the fiscal year and overall the budget was made in revenue and expenses. It was moved by Flynn, seconded by Tyson to receive and place the financial report on file. Motion carried unanimously. IV. Oral Presentations Pat Morrissey, 824 West 3rd Street, Waterloo, noted that he could not be around when hobby farms are discussed later in this meeting and request that his comments from the special meeting are taken into consideration. A. Special Permits 1. Request for a special permit by Silver Lakes Estates, Inc. to allow filling upon the property, within an "R-2" One and Two Family Residence District, located west of 18 Silver Lake Drive. Andera gave the staff report noting that staff is recommending approval of the request, noting that the berm would not negatively impact MidAmerican's underground electrical line, or flooding conditions in the area. Donat noted that there are residences in the area that have concerns with the berm pushing water onto their properties. Andera noted that they did not receive any calls or concerns but are aware that residents in this area have concerns with flooding. Page 161 of 169 Planning and Zoning Commission August 1, 2017 Holdiman questioned if FEMA approval is needed to put fill in a floodplain. Andera noted that you do not and fill can be brought into the floodplain with an approved fill plan. Buttgen noted that the last time there was flooding, Foulk Road did have some water on it. Flynn questioned if staff is confident that this berm will not negatively impact flooding in the area. Andera noted that based on the information and letter submitted by the applicant's engineer, staff feels it will not negatively impact flooding. Denny Staebell, 16 Silver Lake Drive, Waterloo, noted that he is president of the homeowners association for Silver Lake and they sandbagged the area where the berm is located. Staebell noted that the berm was put in to compensate for sandbagging. Kirk Eschiliman, Kess and Associates, indicated that he was the engineer on the project and they took the elevation shots. Eschiliman noted that East Shaulis Road to the north is lower than the top of the existing berm and the houses along East Shaulis are about the same height as the berm. Eschiliman indicated that the houses along East Shaulis Road are a flood obstruction, along with the Cedar Valley Nature Trail, which is an old railroad bed. Holdiman questioned if the berm would create higher velocities and impact Foulk Road. Eschiliman noted that the berm would wash out before it would impact Foulk Road. Pete Christensen, 5147 Foulk Road, indicated that they have never had water until 2008, and the berm would divert water back into the field to the north. Castle questioned if the sandbagging done in 2008 where the berm was impacted Christensen's property. Christensen noted that they were already wet by the time the sandbags were put in place. Lori McIntyre, 5137 Foulk Road, noted that in 2008 and 2016 they were flooded from the back before they received water from the front of their properties. McIntyre indicated sandbags will not help them because the city pumps get shut off and they get hydrostatic water, as well as noting that she has a finished basement that has had to be redone three times. Buttgen questioned what hydrostatic water is. McIntyre noted that it is water that comes from the ground. McIntyre indicated that some water is coming up from the sewers too. Richard Schaefer, 5449 Weiden Road, indicated that he has lived there since 1995 and has seen it flood at least 12 times. Schaefer felt that the berm would not negatively impact the area as the water comes from both the north and south. Schaefer felt something that could help flooding is to put in bigger retention ponds on building sites. Eschiliman noted that FEMA is moving away from the 100 -year and 500- year flood names as they are not statistically accurate, and they refer as the one percent change and 0.2 percent change flood. Barb Colbertson, 5061Foulk Road, indicated that during times of flooding, they watch the water come up in the field behind their house. Colbertson noted that she had concerns with the berm and pushing water onto them. Donat noted that both parties do not want flooding, noting that the berm is meant to stop flooding of Silver Lake and the others do not want water pushed on them. Flynn questioned when construction of the berm began. Staebell noted that construction of the berm began in 2016 when they got dirt, but was not actually graded into a berm until this year. -2 Page 162 of 169 Planning and Zoning Commission August 1, 2017 Holdiman questioned if the berm will prevent flooding or protect the road. Eschiliman noted that it would protect them somewhat and be more effective than sandbags, but is primarily to protect the road. Buttgen indicated that she understood that the homes on Silver Lake would be protected, but there would still be issues for homes along Foulk Road and East Shaulis Road. Tyson noted that he would like a rollcall vote. Castle wanted clarification that the berm was only meant to protect the road. James Cook, 2 Silver Lake Drive, noted that it would somewhat protect the houses, but the roadway as well, which the berm would protect its integrity. It was moved by Buttgen, seconded by Donat to approve the special permit request. Motion failed 3-4 with Castle, Flynn, Hall and Holdiman voting against B. Plats 1. Request by Midwest Development for the final plat of Audubon Heights Sixth Addition, a 42 -lot residential subdivision, located east of 1873 Crabapple Lane. Andera gave the staff report, indicating that staff was recommending approval of the final plat as it would not negatively impact the area or pedestrian or traffic conditions in the area. Donat questioned when this subdivision was considered for a preliminary plat. Andera responded saying it was in 2014. Tyson questioned if there are several ways to get into the subdivision. Andera noted that staff did not see any concerns with traffic flow, indicating that there were four ingress/egress points that lead to two minor arterial streets. Buttgen questioned if the proposed plat is near Silver Lake, and Andera responded by indicating that the plat is approximately five to six miles to the west down West Shaulis Road. It was moved by Flynn, seconded by Donat to approve the final plat of Audubon Heights Sixth Addition. Motion carried unanimously. C. Hearings — Rezones/Site Plan Amendments 1. Request by Central Holdings, LLC to rezone approximately 0.39 acres from "R-3 Multiple Residence District to "C -P" Planned Commercial District for the purpose of constructing a new grocery store, located southeast of 205 Franklin Street, near the intersection of Franklin It was moved by Castle and seconded by Flynn to receive and place on file the statement of verification at 5:13 p. in. Motion carried unanimously and Holdiman declared the hearing open. Dornoff gave the staff report, noting that staff is recommending approval of the rezoning request 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. Flynn questioned what is located within the proposed rezone area. Dornoff noted that there is a building and a parking lot there. Flynn questioned if there were any objections on file. Dornoff noted that none were received for the rezoning. -3 Page 163 of 169 Planning and Zoning Commission August 1, 2017 Eric Johnson, Beecher Law Firm, noted that there are multiple items on the agenda for this request that should be heard as one. Johnson noted that the Clay Street vacate request is being pulled from the agenda. Johnson noted that they have heard some opposition to their plan, but are working on a plan to get the support of the neighborhood. It was moved by Castle, seconded by Donat to approve the rezoning request with the conditions that the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, screening, drainage, etc. Motion carried unanimously. 2. Request by Central Holdings, LLC for a site plan amendment to the "C -P" Planned Commercial District for the purpose of constructing a new 26,077 square foot grocery store, located near the intersection of Franklin Street and East 2nd Street. It was moved by Donat and seconded by Flynn to receive and place on file the statement of verification at 5:21 p. in. Motion carried unanimously and Holdiman declared the hearing open. Dornoff gave the staff report, noting that staff was 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. Donat noted that there are some people who do not want the House of Hope torn down, however, they are moving and what is the point of keeping an empty building. Hall noted that it may be vacant, but does not mean that it will not have a future use. Hall noted that it is a decent building and it is 95 years old. Buttgen noted that she has been in the building many times and it is a beautiful building and feels it would be sad to not see the building be saved. Holdiman noted that the House of Hope may be depending on the sale of the building to put towards their new building on West 4th Street. Donat noted that the grocery store would benefit him as he lives in the neighborhood. Hall indicated that he has seen architectural renderings that show the grocery store and being able to keep the House of Hope. Dan Levi, Levi Architecture, spoke in opposition to the rendering that was handed that shows keeping the House of Hope as it appears it has poor circulation and improper setbacks. Levi indicated that there is a specific spot that the store needs to hit to be competitive as indicated by the national consultant they are using. Levi indicated that the handout showing the House of Hope remaining is not a depiction of what has been discussed over the course of many months with the national consultant to make the store competitive. Schroeder indicated that the rendering keeping the House of Hope was received by Ivan Valtchev, who works for INVISION Architecture and lives in the Walnut Neighborhood. Flynn questioned why we are accepting the rendering from Valtchev. Schroeder indicated that he is an interested party and he submitted an e-mail with the information and it is the duty of staff to hand out what has been received pertaining to the request. Castle questioned if the Commission has a responsibility to discuss keeping the House of Hope. Anderson indicated the submitted plan shows acquiring the House of Hope and the adjacent parking lot, but if the building and parking lot are not acquired, they will need to come back through the review process once again due to a change in the site plan. David Deeds, 922 Mulberry Street, indicated that he was part of the Walnut Neighborhood Coalition. Deeds noted that he is not opposed to a new grocery store and indicated that he had a meeting for the coalition and supports not vacating Clay Street. Deeds wanted to have more landscaping requirements and be discussed with the Walnut Neighborhood Coalition. Deeds felt the parking along West 2nd Street would be detrimental to the neighborhood. -4 Page 164 of 169 Planning and Zoning Commission August 1, 2017 Ali Parrish, 856 Sunrise Boulevard, executive director of Habitat for Humanity, noted that she had a good meeting yesterday with the Walnut Neighborhood Coalition and is in support of the grocery store. Parrish felt there were inconsistencies on how some developers are treated, mentioning when Habitat was wanting to develop the former Irving School site, Mayor Clark required that there be multiple neighborhood meetings to discuss the plans. Parrish felt that it was unfair to require one way for one kind of development, but not the same way for other developments and should be held to the same standards as they were. Flynn suggested that Parrish talk to a city council person. Rodney Anderson, Central Holdings, LLC, noted that he was the developer of the project and there is a restaurant that will go in the grocery store. Anderson indicated that there have been approximately three meetings with the coalition. Donat questioned if the site can be redesigned to keep the House of Hope. Anderson indicated no and noted this project has been going on for 14 months, noting that feasibility studies needed to be done and a store this size is needed and it will create 60 to 80 new jobs. Dave Larson, noted that he is the owner of Walnut Court Apartments and the parking lot on the corner and he is in favor of a grocery store, but there are parking issues in the neighborhood and he cannot let the parking lot go without an adequate replacement to alleviating parking issues. Larson believes there are 28 parking spaces in the parking lot. Larson noted he was concerned with vacating the alleyway if the parking lot is not sold. It was moved by Donat, seconded by Flynn to close the Public Hearing. Motion carried unanimously. The public hearing was closed at 5:54 p.m. Castle wanted clarification that they were just voting on the site plan amendment and not the vacate requests. Holdiman indicated that was correct. It was moved by Castle, seconded by Donat to approve the site plan amendment with the conditions that the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, screening, drainage, etc. Motion carried unanimously. D. Vacates 1. Request by Central Holdings, Inc. to vacate a 20' wide platted public alley in Cooley Addition, just off of East 2nd Street, northeast of Franklin Street for the purposes of constructing a grocery store. Hyberger gave the staff report, noting that staff was recommending approval of the vacate request as it would not negatively impact the surrounding area. Anderson indicated that an ingress/egress easement could be added over the alley to be vacated in case the parking lot is not sold, which would still allow access to such. Holdiman questioned if the easement would be acceptable to the developer. Rodney Anderson noted that would be acceptable. It was moved by Tyson, seconded by Castle to approve the vacate of the alley, with the condition that an ingrees/egress easement is retained over the area to be vacated Motion carried unanimously. 2. Request by Central Holdings, Inc. to vacate Clay Street southward from its intersection with Almond Street to its intersection with Walnut Street, just east of 205 Franklin Street. Request withdrawn by applicant. -5 Page 165 of 169 Planning and Zoning Commission August 1, 2017 E. Appeals — To Permit Parking in City right-of-way 1. Request by Central Holdings, LLC for an appeal of the restrictions for parking in city right-of- way, to allow for 23 parking spaces within the public street right-of-way of East 2nd Street for the purposes of parking for a new grocery store. Hyberger gave the staff report, noting that staff was recommending approval of the appeal request with the conditions that 1) the parking area would need to graded, drained and hard surfaced per Section 10- 25-2(D) of the Zoning Ordinance and meet specifications of the city engineer, and 2) the parking area will not block the sidewalk or street system in the area.. Castle questioned why they are asking for this change when it appears that they have enough parking on site. Levi noted that there is a difference between ordinance minimum and practical use and they feel they will need more parking stalls due to the restaurant within the grocery store. Castle also questioned if the developer has taken into account 45 degree parking instead of 90 degree parking. Levi noted that they have, however, it not allow for an efficient flow of traffic. Buttgen is concerned with safety of backing out onto East 2nd Street. Thorson noted that the 45 degree parking was not a suggestion of the Engineering Department and they have concerns with safety of backing out onto the street. Hall was concerned how the parking would impact the neighborhood and it would not be a good look. Castle questioned if it is approved and later determined that it is a safety issue, can it be reversed. Thorson indicated that the developer will have a lot of expense putting in the parking and say it is acceptable to put in, but later say it is not acceptable, would not appear to be fair. Larson felt the proposed parking layout would look acceptable, noting that there is already bumper to bumper parallel parking. It was moved by Castle, seconded by Tyson to approve the appeal request. Motion failed 2-4, with Buttgen, Donat, Hall and Holdiman voting against. F. Ordinance Amendments 1. Amendment to the Zoning Ordinance governing Hobby Farms (remanded by City Council). Schroeder gave the staff report noting it was discussed at 3 p.m. and opened it up for further discussion. Castle felt it was acceptable to not ban peacocks if they are moved to the larger to intermediate sized animals. Donat questioned if staff can compromise with their 20,000 square foot recommendation and Pat Morrissey's recommendation of 5,000 square feet and meet in the middle at 10,000 square feet. Hall liked the idea of dropping it down to 5,000 square feet, and if they want more, they can request a special permit and variance. Holdiman and Buttgen also noted that in Morrissey's requested changes, that only property owners across the street from a proposed hobby farm require approval, however, the Commission chose to stay with the 60 percent approval of those within 250 radial feel that are not abutting. Castle suggested 5,000 square feet and two small animals and each additional 2,500 square feet, you can have one more animal with a maximum of eight animals. -6 Page 166 of 169 Planning and Zoning Commission August 1, 2017 Holdiman questioned that there will be no changes to the large animals, which require 40,000 square feet for the first two animals and one additional animal for every additional 20,000 square feet. Schroeder noted that there are no proposed changes to it. It was moved by Castle, seconded by Buttgen to approve the request for an amendment to the Hobby Farm provisions as submitted by staff; except that it be further amended as follows: Peacocks no longer prohibited, but moved to large/intermediate sized animals, change small sized animals to two animals for the first 5,000 square feet and one additional for every 2,500 square feet thereafter, with a maximum of eight animals, and maintain 100 percent approval of abutting property owners and at least 60 percent approval of property owners within 250 radial feet, and no butchering outside. Motion carried 6-1 with Holdiman voting against. V. Discussion There was no discussion items. VI. Adjournment It was moved by Castle, seconded by Tyson, to adjourn the meeting at 6:43 p.m. Motion carried unanimously. Respectfully submitted, Tim Andera, Planner II -7 Page 167 of 169 MINUTES CITY OF WATERLOO, IOWA PLANNING, PROGRAMMING AND ZONING COMMISSION SPECIAL MEETING - 3:00 P.M. AUGUST 1, 2017 The special meeting of the Waterloo Planning, Programming, and Zoning Commission was called to order by Chairperson Holdiman at 3:04 p.m. in the Harold E. Getty Council Chambers at Waterloo City Hall. Members present were: Castle (3:20 p.m.), Donat, Hall (by phone), Holdiman, Buttgen, and Tyson Members absent were: Flynn and Miehe. Others present: Aric Schroeder, John Dornoff and Seth Hyberger - Planning Department. A. Ordinance Amendments 1. Amendment to the Zoning Ordinance governing Hobby Farms. Schroder briefly went over some of the proposed changes and noted it was set to go before the City Council, however, the City Council voted to remand the request to have further discussion among the Planning and Zoning Commission. Buttgen indicated she is concerned with the minimum fenced in area of 20,000 SF and feels it should be changed to 5,000 SF. Buttgen is also concerned with having peacocks in town, but rather in a rural area. Buttgen also indicated that one property owner is concerned with larger animals, such as sheep, which is causing a nuisance. Holdiman questioned if the applicant needed to have a petition of surrounding property owners or approval from the Board of Adjustment. Schroeder noted that a special permit would be required for a hobby farm, unless necessary signatures of abutting property owners are obtained, which is 100 percent of abutting property owners approving and 60 percent of property owners within 250 radial feet. Hall felt that the 250 radial feet was excessive and questioned if it could be lowered. Schroeder noted that the 250 feet is in line with what is done for notices for rezones and site plan amendments, but indicated that it could be changed if needed. Donat noted that he is favor of the amendments being proposed by Pat Morrissey. Buttgen questioned what can be done with the property on Avon Avenue with the sheep. Schroeder noted that currently nothing can be done since we do not have an ordinance in place and the special permit request was tabled indefinitely until the ordinance was amended, but if the amendment is adopted, that location will not be in compliance with the ordinance and will need to do some adjustments to be in compliance, or ask for a variance. Castle was concerned with the peacocks, as they are loud animals like roosters, and if they are loud animals, why are they being allowed. Holdiman noted that was one of councilman's Morrissey suggestions to add them back into the ordinance. Pat Morrissey, 824 West 3rd Street, Waterloo, Ward 3 councilperson, noted that he wanted to do some research to work on revising the hobby farm provisions, and passed along some suggestions to planning staff. Morrissey noted that the ordinance should be worded to make hobby farms reasonable, and felt the 5,000 SF size made it more reasonable to obtain the ability to have a hobby farm. Morrissey also Page 168 of 169 Planning and Zoning Commission August 1, 2017 Special Meeting suggested that peacocks be added into larger animals. Morrissey suggested that the 250 radius of notification be eliminated from the proposed ordinance, noting that this is a large distance, noting that some small animals may not disturb residents within 250 feet. Morrissey indicated that butchering of the animals should not be outside and should be indoors. Tyson noted that he agreed with some of the suggestions made by Morrissey. Donat questioned if horses are included in the hobby farm provisions. Schroeder noted that horses are not included in the hobby farm provisions and are in a separate part of the zoning ordinance. Schroeder noted that staff does have some concerns with going from 20,000 SF down to 5,000 SF, and the 20,000 SF was picked to help protect adjoining property owners. Hall felt the 20,000 SF was too restrictive and would eliminate many lots within the city to have small animals. Holdiman noted that he felt 20,000 SF was too restrictive, but felt the 5,000 SF was too lenient. Donat questioned if we could meet in the middle and say 10,000 SF. Schroeder indicated that they were out of time for the special meeting, but that they would be able to continue the discussion at the end of the regular meeting that would start at 4:00 p.m. I. Adjournment It was moved by Donat, seconded by Tyson, to adjourn the meeting at 4:01 p. m. Motion carried unanimously. Respectfully submitted, Tim Andera, Planner II -2 Page 169 of 169