Loading...
HomeMy WebLinkAboutCouncil Packet - 10/23/2017THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTY COUNCIL CHAMBERS Monday, October 23, 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 272 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Kelley Felchle, City Clerk Agenda, as proposed or amended. Minutes of October 16, 2017, Regular Session, as proposed. Proclamation declaring October 26, 2017 as Gentleman Day Proclamation declaring October 28, 2017 as Steadfast and Immovable Proclamation declaring October 22 - 28, 2017 as National Lead Poisoning Prevention Week ORAL PRESENTATIONS Iowa Code Chapter 21 gives the public the right to attend council meetings but it does not require cities to allow public participation except during public hearings. The City of Waterloo encourages the public to participate during the Oral Presentations by following the rules listed on the front of the agenda. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) A. Resolution to approve the following: 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Request of Friends of the Family for a variance to the Noise Ordinance No. 3094, on October 27, from 4:00 p.m. to 6:00 p.m. in conjunction with the Domestic Violence Awareness Walk, to be held at Lincoln Park, including the use of a PA system, together with recommendation of approval of Captain of Police Services. Submitted By: Joe Leibold, Captain of Police Services 3. Cancellation of assessment for 1658 Hyperion Drive in the amount of $264.02; and 2929 Spruce Lane in the amount of $235.32, and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. Submitted By: Kelley Felchle, City Clerk 4. Resolution setting date of public hearing as November 27, 2017 to approve Amendment No. 3 to the Northeast Industrial Area Urban Renewal and Redevelopment Plan, to remove properties from the TIF area, and setting date of consultation with taxing entities on November 8, 2017, and instruct City Clerk to Page 2 of 272 publish notice. Submitted By: Noel Anderson, Community Planning and Development Director 5. Resolution setting date of public hearing as November 27, 2017 to approve Amendment No. 4 to the Northeast Industrial Area Urban Renewal and Redevelopment Plan, to expand the boundaries and update projects and include additional projects and update related financial information, and include other general updates to the Plan, and setting date of consultation with taxing entities on November 8, 2017, and instruct City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning and Development Director 6. Resolution setting date of public hearing as November 27, 2017 to approve Amendment No. 3 to the San Marnan Urban Renewal and Redevelopment Plan, to remove properties from the TIF area, and setting date of consultation with taxing entities on November 8, 2017, and instruct City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning and Development Director 7. Resolution setting date of public hearing as November 27, 2017 to approve Amendment No. 4 to the San Marnan Urban Renewal and Redevelopment Plan, to expand the boundaries and to update projects and include additional projects and update related financial information, and include other general updates to the Plan, and setting date of consultation with taxing entities on November 8, 2017, and instruct City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning and Development Director 8. Resolution setting a date of public hearing as November 6, 2017 to approve a Purchase and Sale Contract for city owned property located at the northwestern corner of Martin Luther King Jr Drive and Idaho Street, in the amount of $25,000.00, to The Overland Group, LLC, and instruct City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning & Development Director 9. Resolution setting date of public hearing as November 6, 2017 to approve an amendment to the City of Waterloo Zoning Ordinance No. 5079 to update multiple sections regarding regulations for Recycling, Junk or Salvage Yards and other miscellaneous updates, and instruct City Clerk to publish notice. Submitted By: Aric Schroeder, City Planner 10. Resolution setting the date of public hearing as November 6, 2017 for the request by Rebel Saffold Jr. and Rhonda S. Saffold to purchase city owned property generally located at 408 and 414 Fowler Street, with development agreement, and instruct City Clerk to publish notice. Submitted By: Noel Anderson- Community Planning and Development Director 11. Resolution approving preliminary plans, specifications, form of contract, etc., setting the date of bid opening as November 9, 2017, and the date of public hearing as November 13, 2017, in conjunction with the Hangar No. 4 Rehabilitation Project, at the Waterloo Regional Airport, via IDOT Project No. 9 -1- 180 -ALO -200, and IDOT Contract No. 19559, and instruct the City Clerk to publish said notice. Submitted By: Keith Kaspari, Airport Director 12. Resolution approving the request of DS Rentals for tax exemptions on the construction of a twin home valued at $150,000 for property located at 5645 Keith Page 3 of 272 bmlii el igyatEleP'An8e9Atyk'e'btr iritiur� y 13svrir iii' 994,ra1BA6Mi lector 13. Resolution approving the request of DS Rentals for tax exemptions on the construction of a twin home valued at $150,000 for property located at 5647 Keith Lane, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning & Development Director 14. Resolution approving the request of DS Rentals for tax exemptions on the construction of a twin home valued at $130,000 for property located at 5632 Keith Lane, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning & Development Director 15. Resolution approving the request of DS Rentals for tax exemptions on the construction of a twin home valued at $130,000 for property located at 5630 Keith Lane, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning & Development Director 16. Resolution approving the request of DS Rentals for tax exemptions on the construction of a twin home valued at $150,000 for property located at 5623 Keith Lane, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning & Development Director 17. Resolution approving the request of DS Rentals for tax exemptions on the construction of a twin home valued at $150,000 for property located at 5621 Keith Lane, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning & Development Director 18. Resolution approving the request of DS Rentals for tax exemptions on the construction of a twin home valued at $130,000 for property located at 2904 Cohen Lane, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning & Development Director 19. Resolution approving the request of DS Rentals for tax exemptions on the construction of a twin home valued at $130,000 for property located at 2903 Cohen Lane, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning & Development Director 20. Resolution approving the request of DS Rentals for tax exemptions on the construction of a twin home valued at $130,000 for property located at 2901 Cohen Lane, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning & Development Director 21. Resolution approving the request of DS Rentals for tax exemptions on the construction of a twin home valued at $130,000 for property located at 2902 Cohen Lane, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning & Development Director 22. Request to certify assessment to property for work performed by the Waterloo Water Works, together with recommendation of approval by the Waterloo Water Works Board of Trustees: Address and amount to certify: 929 Grant Avenue - $1,384.89 Submitted By:Matt Mahler, Waterloo Water Works General Manager B. Motion to approve the following: 1. TRAVEL REQUESTS Page 4 of 272 a. Bob Lentzkow, Combination Inspector Class/Meeting: Residential Building Inspector Exam Destination: Coralville, IA Dates: October 25, 2017 Amount not to exceed: $199 b. Bob Ball, Chief Building Inspector Class/Meeting: Wisconsin Commercial Building Code Refresher Destination: Madison, WI Dates: February 25-28, Amount not to exceed: $1,295 2018 c. Steven Hoambrecker, Director Waste Management Services Class/Meeting: 11th Annual Four -States Governmental Affairs Meeting EPA Region 7 Office Destination: Lenexa, KS Dates: November 5-6, Amount not to exceed: $327.75 2017 d. Sgt. Greenlee and P.O. Moore Class/Meeting: Radar Lidar Instructor Course. Destination: Johnston, IA Dates: October 23-26, Amount not to exceed: $800 2017 2. LIQUOR LICENSES a. The Brown Bottle, 209 W. 5th Street Class: C Liquor Renewal Application Includes Sunday Expiration Date: 10/21/2018 b. Logan Convenience Store, 735 Logan Avenue Class: B Wine / C Beer / E Liquor Renewal Application Includes Sunday Expiration Date: 11/11/2018 c. New World Lounge II, 504 Riehl Street Class: C Liquor Renewal Application Includes Sunday Expiration Date: 9/14/2018 d. Walmart Supercenter #1496, 1334 Flammang Drive Class: B Wine / C Beer / E Liquor Renewal Application Includes Sunday Expiration Date: 9//30/2018 3. Motion to approve Cigarette/Tobacco/Nicotine/Vapor Permit Application for Sarwar Corporation dba Neighborhood Mart, 2102 LaFayette Street. Submitted By: Kelley Felchle, City Clerk PUBLIC HEARINGS Page 5 of 272 2. Motor grader rentals to support snow operations. 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 receive and file and instruct City Clerk to read bids. Resolution awarding motor grader rental bid to Murphy Tractor of Waterloo, Iowa, for the rental of four (4) motor graders to support snow operations, in the amount of $107,200, and approving the contract and authorize the Mayor and City Clerk to execute said document. Submitted By: Sandie Greco, Interim Public Works Director RESOLUTIONS 3. Resolution approving Cloverdale Park Lease Agreement with the Black Hawk County Board of Supervisors, and authorize the Mayor and City Clerk to execute said document. Submitted By: Paul Huting, Leisure Services Director 4. Resolution approving extension of a moratorium for a period ending December 4, 2017 on the issuance of a Special Permit or License, for the establishment of any new recycling, junk, or salvage yards. Submitted By: Noel Anderson, Community Planning & Development Director 5. Resolution approving the Professional Services Agreement with Strand Associates of Madison, Wisconsin, in an amount not to exceed $58,000, for engineering and construction related services for the Anaerobic Lagoon Upgrades and Biogas End Use Study, and authorize Mayor and City Clerk to execute said document. Submitted By: Steven Hoambrecker, Director, Waste Management Services 6. Resolution approving the Professional Services Agreement with RJ N Group of Des Moines, Iowa in an amount not to exceed $39,500.00, for engineering services for a collection system data analysis, and authorize the Mayor to execute said document. Submitted By: Steven Hoambrecker, Director, Waste Management Services 7. Resolution approving the Professional Services Agreement with AECOM Technical Services, Inc. of Waterloo, Iowa, in an amount not to exceed $16,000 for the FY 2018 Sink Creek Channel Cleanout and Shaping, Contract No. 924, and authorize the Mayor to execute said document. Submitted By: Wayne Castle, PLS, PE, Associate Engineer ORDINANCES 8. 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 receive, file and consider for the second time an ordinance amending Page 6 of 272 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 third time and adopt said ordinance. Submitted By: Noel Anderson, Community Planning & Development Director 9. 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 second 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 third time and adopt said ordinance. Submitted By: Sandie Greco, Interim Public Works Director OTHER COUNCIL BUSINESS 10. Motion to direct City Clerk to read bids for the recycling processing facility to support the City of Waterloo's curbside recycling program and refer bids to Interim Public Director for review. Submitted By: Sandie Greco, Interim Public Works Director ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk MEETINGS 4:55 p.m. Building and Grounds Committee, Harold E. Getty Council Chambers 5:05 p.m. Human Resources Committee, Harold E. Getty Council Chambers 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers PUBLIC INFORMATION 1. Leisure Services Commission Board Minutes of August 8, 2017. 2. Community Development Board Meeting Minutes September 2017. 3. Historic Preservation Commission Minutes of August 15, 2017 and September 19, 2017. 4. Communication from the Waterloo Fire Rescue Department on the notice of the conclusion of employment for Justin Junk, Fire Engineer, effective October 10, 2017 with recommendation of approval of payout of $6,072.78 for unused benefits. Page 7 of 272 CITY OF WATERLOO Council Communication Minutes of October 16, 2017, Regular Session, as proposed. City Council Meeting: 10/23/2017 Prepared: REVIEWERS: Department Reviewer Action Date Clerk Office Higby, Nancy Approved 10/17/2017 - 5:01 PM ATTACHMENTS: Description Type D Minutes of 10.16.17 Backup Material Submitted by: Submitted By: Page 8 of 272 October 16, 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 16, 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: Mayor Quentin Hart. 146107 - Welper/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, October 16, 2017, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 145108 - Welper/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, October 9, 2017, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. Mayor Hart read a 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 Randy Herod, 111 Hyland Blvd., commented on the need for safety education for bicycles in Waterloo. John Sherbon, 1715 Robin Road, questioned travel requests with multiple employees attending and if the amount listed is for each individual or all. Mayor Hart clarified the amounts. Todd Obadal, 124 Amity Drive, commented that last week at the meeting council was told that the need to trust staff but that he believes people should ask questions. Mr. Welper requested a Work Session to discuss a new program. 146109 - Welper/Schmitt that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 146110 - Welper/Schmitt that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Finance Committee Invoice Summary Report, dated October 16, 2017, in the amount of $2,930,997.02 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. 2017-850. 2. Resolution approving 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. Resolution adopted and upon approval by Mayor assigned No. 2017-851 Page 9 of 272 October 16, 2017 1. 2. b. Motion to approve the following: a. b. c. a. b. c. d. Page 2 Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Sam Hess and Ian Wass, Paramedic/Firefighter Tri-State Emergency Responder Conference Dubuque, IA October 20, 2017 $248 Jason Hernandez, Fire Department Iowa EMS Association Conference Des Moines, IA November 9-11, 2017 $625 Tina Schellhorn, Electrical Foreman; Craig Hintzman, Signal Technician II; Brandon Hodgin, Signal Technician I EPAC Basic Training Class Davenport, IA November 2-3, 2017 $495 Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Hurricane Grill & Wings, 2027 Crossroads Blvd. C Liquor w/Outdoor Service Renewal 9/30/2018 x Karma Bar, 309 W. 4th Street C Liquor w/Outdoor Service Renewal 10/14/2018 x Petersen & Tietz Florists & Greenhouses, 2275 Independence Avenue B Native Wine Renewal 10/8/2018 x West Side Liquor, 919 W. 5th Street B Wine / C Beer / E Liquor Renewal 9/2/2018 x Roll call vote -Ayes: Seven. Motion carried. PUBLIC HEARINGS 146111 - Schmitt/Amos that proof of publication of notice of public hearing on the lease agreement with Holly Porter for property located west of 903 Riverside Drive for $1.00 for a term ending December 31, 2027, as published in the Waterloo Courier on October 6, 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. 146112 - Schmitt/Amos that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 146113 - Schmitt/Amos that "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", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Mr. Schmitt commented that a resident questioned how the city would be able to get out of the lease. Noel Anderson, Community Planning and Development Director, explained there is always escape wording in these agreements. He further explained this is a FEMA buy-out property and is therefore deed restrictive, and because it is located in a flood plain, there would be no use for the property other than green space. Page 10 of 272 October 16, 2017 Page 3 Resolution adopted and upon approval by Mayor assigned No. 2017-852. 146114 - Lind/Morrissey that proof of publication of notice of public hearing on the recycling processing facility to support the City of Waterloo's curbside recycling program, as published in the Waterloo Courier on October 2, 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. 146115 - Lind/Amos that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 146116 - Lind/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. 2017-853. 146117 - Lind/Morrissey that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-854. 146118 - Lind/Morrissey Motion to postpone reading of bids for one week to allow further review by Interim Public Works Director. Voice vote: Ayes: Seven. Motion carried. 146119 - Morrissey/Powers that proof of publication of notice of public hearing on FY 2018 Sink Creek Channel Cleanout and Shaping, Contract 924, as published in the Waterloo Courier on October 2, 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. Dale Carol, 130 Tribal Road, thanked Mayor and city council, past and present, along with staff and AECOM for their work in the site as it will help residents in the neighborhood and questioned if anything can be done about seeding grass for the project. Doug Schindel, AECOM, explained that the project includes seeding and erosion control. Richard Smuck, 925 Belle Street, commented that his property value has decreased due to Sink Creek and the fact that when he sells his home the new buyer would need flood insurance. 146120 - Morrissey/Powers that the hearing be closed and oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 146121 - Morrissey/Powers that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Mr. Schmitt commented that the city has already spent $100,000 on the project and stated that, as he understands, the county would need to get involved to truly fix the problem. Page 11 of 272 October 16, 2017 Page 4 Doug Schindel explained that in order to do 100 -year flood protection the county would need to be involved. In the interim, maintenance improvements have been acted on to improve flow through the channel. Mr. Schmitt questioned if the Board of Supervisors have talked about the project. Doug Schindel commented that he is not aware of the county discussing the project. Mayor Hart questioned if the county gets involved will it undo the progress made. Doug Schindel explained that it will help mitigate year to year flooding and is not a waste of city funds. He further commented that it would not mitigate 100 -year flooding issues. Mr. Jacobs commented that it would be good for council to be included in conversations with the Board of Supervisors. Mr. Powers questioned if grant dollars exist to push the project forward. Doug Schindel explained that channel improvement projects are generally locally funded and few grants exist for storm water issues. Ron Kraus, 941 Belle, commented that development should be stopped on the other side of the highway. Resolution adopted and upon approval by Mayor assigned No. 2017-855. 146122 - Morrissey/Amos that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-856. 146123 - Morrissey/Amos Motion to receive and file and instruct City Clerk to read bids. Engineer's Estimate Base Bid & Alternate Bid: $160,640 Bidder Bid Security Bid Amount Dave Schmidt Construction Cedar Rapids, IA 5% $149,844.85 Vieth Construction Corp. Cedar Falls, IA 5% $132,023 Peterson Contractors Reinbeck, IA 5% $152,939.50 Baker Concrete & Excavating Waverly, IA 5% $167,273 Lodge Construction Clarksville, IA 5% $100,979 Voice vote -Ayes: Seven. Motion carried. 146124 - Morrissey/Powers that "Resolution awarding 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", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-857. Page 12 of 272 October 16, 2017 Page 5 146125 - Amos/Morrissey that proof of publication of notice of public hearing on 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, as published in the Waterloo Courier on October 2, 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. Mr. Amos read an email from David Star urging the council to vote against the project. 146126 - Amos/Morrissey that the hearing be closed and written comments and recommendation of approval of the Planning, Programming and Zoning Commission, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 146127 - Amos/Morrissey 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 rezone of certain property, located west of 2010 W. Ridgeway Avenue", be received, placed on file, considered and passed for the first time. Roll -call vote -Ayes: Seven. Motion carried. Mr. Schmitt requested an overview. Noel Anderson explained the location of the project and that they are looking to build a day care facility at the location for the first phase, gym on the second, and school on the third phase. 146128 - Amos/Morrissey that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll -call vote -Ayes: Five. Nays: Two (Lind and Schmitt). Motion failed. Mr. Schmitt questioned the timeliness of the project. Noel Anderson explained that he is not aware of any urgency for the project. 146129 - Welper/Morrissey that proof of publication of notice of public hearing on 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, as published in the Waterloo Courier on October 6, 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. 146130 - Welper/Morrissey that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 146131 - Welper/Amos that "Resolution approving the Project Addendum to Agreement for Residential Housing Construction, and authorize the Mayor and City Clerk to execute said document", be adopted. Roll - call vote -Ayes: Seven. Motion carried. Mr. Welper commented that it has been great working with Hawkeye Community College on the program and that it carries on for many years. Resolution adopted and upon approval by Mayor assigned No. 2017-858. Page 13 of 272 October 16, 2017 Page 6 146132 - Welper/Morrissey that "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", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-859. 146133 - Morrissey/Amos that proof of publication of notice of public hearing on asbestos abatement services for 222 Walnut Street, as published in the Waterloo Courier on October 2, 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. 146134 - Morrissey/Amos that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 146135 - Morrissey/Amos that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-860. 146136 - Morrissey/Amos that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-861. 146137 - Morrissey/Amos Motion to receive and file and instruct City Clerk to read bids. 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% $3,400 ECCO Midwest, Inc. Hastings, MN 5% $7,777 Active Thermal Concepts Hiawatha, IA 5% $5,250 Voice vote -Ayes: Seven. Motion carried. 146138 - Morrissey/Amos that "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", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Page 14 of 272 October 16, 2017 Page 7 Resolution adopted and upon approval by Mayor assigned No. 2017-862. RESOLUTIONS 146139 - Lind/Morrissey that "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", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-863. 146140 - Lind/Morrissey that "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", be adopted. Roll -call vote - Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-864. 146141 - Lind/Morrissey that "Resolution approving award of hotel/motel tax council discretionary funds to Leisure Services for an event shuttle in the amount of $11,200", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Mr. Lind questioned the location of the shuttle. Paul Huting, Leisure Services Director, explained the location of the shuttle and its route. Resolution adopted and upon approval by Mayor assigned No. 2017-865. 146142 - Amos/Morrissey that "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", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-866. 146143 - Amos/Morrissey that "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", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-867. 146144 - Welper/Morrissey that "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", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-868. 146145 - Welper/Morrissey Page 15 of 272 October 16, 2017 Page 8 that "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", be adopted. Roll -call vote - Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-869. ORDINANCES 146146 - Morrissey/Powers that "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", be considered and passed for the third time and adopted. Roll -call vote -Ayes: Five. Nays: Two (Schmitt and Welper). Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5422. 146147 - Amos/Morrissey that "an Ordinance amending the 2008 Traffic Code by amending Section 544 - All -Way Stop Intersections by adding Subsection (36) Shaulis Road and Ansborough Avenue", be received, placed on file, considered and passed for the first time. Roll -call vote -Ayes: Five. Nays: Two (Schmitt and Welper). Motion carried. Mr. Welper commented that he plans to vote no as he is waiting to receive new traffic study numbers later this week. Mr. Schmitt commented that he will be voting no as he believes the council should step back to allow for a more thorough review, because he has received several calls and emails and all but one are not in favor. 146148 - Amos/Morrissey that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll -call vote -Ayes: Two. Nays: Five (Jacobs, Morrissey, Powers, Schmitt, and Welper). Motion failed. OTHER COUNCIL BUSINESS 146149 - Lind/Schmitt that "Appeal of Main Street Design Board's decision by American Legion Post 14138 for replacement of roof, located at 728 Commercial Street", be received, placed on file and approved. Terry Brekke, 2325 Westview Avenue and American Legion Trustee, commented that the American Legion is not clear on what they are appealing. Mr. Lind commented that there is confusion and the reason that he wants to bring it back is that this would allow them to get a metal roof on the building. Mr. Morrissey commented that the item should be tabled so that it can go to Main Street Design Review Board. Mayor Hart commented that it would be best to take a step back to allow the trustees to have a conversation with Main Street Waterloo. Kelley Felchle, City Clerk, explained she received an email stating that part of the proposal was to have an asphalt roof, which is not what was originally reviewed by Main Street Waterloo. Therefore if the plans are for an asphalt roof, then Main Street Waterloo would need to deny that proposal before council could take action to appeal. Page 16 of 272 October 16, 2017 Page 9 Steve Grimm, 4646 William Drive, commented that the American Legion is short on money for building a roof and that the trustees have a meeting Wednesday at 9:00 a.m. to discuss plans for a roof. Mayor Hart commented that now is the right time with the city, Main Street, and American Legion to get a roof for the Legion. Dave Zellhoefer, City Attorney, commented that the appropriate action would be to table the item. Mayor Hart commented that it may be better to table it indefinitely. Dave Zellhoefer explained that there can be no appeal until the proposed design is reviewed and denied by the design committee. If an asphalt roof was not what was originally put forth, than this new proposal must go back before the design committee for review. 146150 - Morrissey/Welper To table indefinitely. Roll call vote: Ayes: Five. Abstain: Jacobs. Nays: Lind. Mr. Jacobs commented that he will abstain as a member of the American Legion. Mr. Lind questioned if he too would need to abstain because he is also a member of the Legion. Dave Zellhoefer explained that there is no legal need to abstain because this vote would not result in a financial gain. 146150 - Welper/Morrissey that the council adjourn to Executive Session at 6:48 p.m. Roll -call vote -Ayes: Seven. Motion carried. City Attorney Dave Zellhoefer stated that discussion of the purchase of property is an approved topic of Executive Session pursuant to Iowa Code Section 21.5(1)(j)(2017). EXECUTIVE SESSION 146151 - Welper/Jacobs that the council adjourn Executive Session at 7:01 p.m. Voice vote -Ayes: Seven. Motion carried. ADJOURNMENT 146152 - Welper/Morrissey that the Council adjourn at 7:01 p.m. Voice vote -Ayes: Seven. Motion carried. Kelley Felchle City Clerk Page 17 of 272 CITY OF WATERLOO Council Communication Proclamation declaring October 26, 2017 as Gentleman Day City Council Meeting: 10/23/2017 Prepared: 7/19/2017 REVIEWERS: Department Reviewer Action Date Mayor Office Westphal, Michelle Approved 7/19/2017 - 4:57 PM Clerk Office Higby, Nancy Rejected 7/24/2017 - 12:13 PM Mayor Office Higby, Nancy Rejected 7/24/2017 - 12:14 PM Mayor Office Westphal, Michelle Approved 7/24/2017 - 12:23 PM Mayor Office Westphal, Michelle Approved 7/24/2017 - 12:24 PM Clerk Office Higby, Nancy Approved 7/24/2017 - 12:32 PM ATTACHMENTS: Description Type D Proclamation Gentleman Day 2017 Cover Memo Submitted by: Submitted By: Mayor Quentin Hart Page 18 of 272 CITY OF WATERLOO, IOWA PROCLAMATLON W'H1 gEAs, 1 in 3 women will experience violence in their lifetime; and WHEREAS, intimate partner violence impacts victims, children, family, friends and the community at large; and WHIRS, WHEREAS, WHEREAS, domestic violence is not confined to any group or groups of people, but is experienced in all economic, racial, ethnic, educational, societal, and religious groups and is sustained by societal indifference; and perpetrators of domestic violence should be held accountable for their actions and victims should have access to support and services to help them overcome their experience; and it is important to recognize the compassion and dedication of the individuals who provide support to victims of intimate partner violence and work to increase public understanding WHEREAS, this significant problem; and WHEREAS, only a coordinated effort from all community members will put a stop to this heinous crime. Now, THEREFORE, I, Quentin Hart, Mayor of the City of Waterloo, Iowa, do hereby proclaim the October 26, 2017, as GENTLEMAN DAY IN WITNESS WtHEREOF, I have hereunto set my hand and caused the official seal of the City of Waterloo to be affixed this 23rd day of October 2017. ATTEST: Kelley F City Cle .p �1 {+ 11 �II,(()U0 11 Quentin Hart Mayor CITY OF WATERLOO Council Communication Proclamation declaring October 28, 2017 as Steadfast and Immovable City Council Meeting: 10/23/2017 Prepared: 10/9/2017 REVIEWERS: Department Reviewer Action Date Mayor Office Westphal, Michelle Approved 10/9/2017 - 4:33 PM Clerk Office Higby, Nancy Rejected 10/12/2017 - 4:20 PM Mayor Office Higby, Nancy Rejected 10/12/2017 - 4:20 PM Mayor Office Westphal, Michelle Approved 10/12/2017 - 4:30 PM Mayor Office Westphal, Michelle Approved 10/12/2017 - 4:32 PM Clerk Office Higby, Nancy Approved 10/16/2017 - 1:12 PM ATTACHMENTS: Description Type D Proclamation Steadfast and Immovable 2017 Cover Memo Submitted by: Submitted By: Mayor Quentin Hart Page 20 of 272 WHEREAS, WHEREAS, WHEREAS, CITY OF WATERLOO, IOWA PROCLAMATION NAACP ANNUAL BANQUET "STEADFAST AND IMMOVABLE" the National Association for the Advancement of Colored People (N.A.A.C.P.) is the nation's oldest and largest civil rights organization; and its half -million adult and youth members throughout the United States and the world are the premier advocates for civil rights in their communities, conducting voter registration drives and monitoring equal opportunity in the public and private sectors; and the Black Hawk County Branch of the National Association for Advancement of Colored People was chartered in 1921 and will on Saturday, October 28, 2017, hold its annual N.A.A.C.P Freedom Fund Dinner in Waterloo, Iowa. NOW, THEREFORE, I, Quentin Hart, Mayor of the City of Waterloo, Iowa, do hereby proclaim October 28, 2017 "STEADFAST AND IMMOVABLE" in Waterloo and recognize the N.A.A.C.P. for their role to ensure the political, educational, social and economic equality of minority group citizens and to eliminate racial prejudice. IN TESTIMONY ItitHEREOF, I have hereunto subscribed my name and caused the Great Seal of the City of Waterloo to be affixed this 23`d day of October 2017. ATTEST: V,0 Kelley Fele l City Clerk Quentin Hart Mayor Page 21 0 CITY OF WATERLOO Council Communication Proclamation declaring October 22 - 28, 2017 as National Lead Poisoning Prevention Week City Council Meeting: 10/23/2017 Prepared: 10/9/2017 REVIEWERS: Department Reviewer Action Date Mayor Office Westphal, Michelle Approved 10/9/2017 - 4:36 PM Clerk Office Higby, Nancy Rejected 10/11/2017 - 10:17 AM Mayor Office Higby, Nancy Rejected 10/11/2017 - 10:17 AM Mayor Office Westphal, Michelle Approved 10/11/2017 - 3:08 PM Mayor Office Westphal, Michelle Approved 10/11/2017 - 3:10 PM Clerk Office Higby, Nancy Approved 10/16/2017 - 1:16 PM ATTACHMENTS: Description D Proclamation National Lead Poisoning Prevention Week Type Cover Memo Submitted by: Submitted By: Mayor Quentin Hart Page 22 of 272 CITY OF WA1tRLOO, IOWA WHEREAS, PROCLAMATION the City of Waterloo supports a healthy and safe environment for children and is dedicated to the protection of the health of all children; and WHEREAS, lead -contaminated paint, dust and soil are commonly found in older homes, specifically those built prior to 1978, and is the primary source of lead exposure of children; and WHEREAS, lead poisoning, which is an increased level of lead in the blood, is especially dangerous for children, particularly those under six years of age, and causes serious irreversible health effects; and WHEREAS, it is important that older housing units are tested and identified for lead hazards; and WHEREAS, it is vital that all citizens of Waterloo, especially parents and child caregivers, are aware of the dangers of lead poisoning and that appropriate screening is sought for their children as a preventative measure; and the City of Waterloo has partnered with the following organizations instrumental in the prevention of lead poisoning and the execution of our Lead Hazard Control and Healthy Homes Grant—Black Hawk County Health Department, Waterloo Fire Rescue, Landlords of Black Hawk County, Operation Threshold, Peoples Community Health Clinic, YWCA, Waterloo Neighborhood Services, Waterloo Housing Authority, Tri -County Child and Family Development Council, Inc., and licensed and registered day care providers. NOW, THEREFORE, , I, Quentin Hart, Mayor of the City of Waterloo, Iowa, do hereby proclaim the week of October 22 – 28, 2017, as NATIONAL LEAD POISONING PREVENTION WEEK IN WITNESS 'WHEREOF, I have hereunto subscribed my name and caused the Seal of the City of Waterloo, Iowa, to be affixed this 23rd day of October 2017. ATTEST: Kth) 4.41/1. Kelley Felc City Clerk Quentin Hart Mayor CITY OF WATERLOO Council Communication Request of Friends of the Family for a variance to the Noise Ordinance No. 3094, on October 27, from 4:00 p.m. to 6:00 p.m. in conjunction with the Domestic Violence Awareness Walk, to be held at Lincoln Park, including the use of a PA system, together with recommendation of approval of Captain of Police Services. City Council Meeting: 10/23/2017 Prepared: 10/18/2017 REVIEWERS: Department Reviewer Action Clerk Office Higby, Nancy Approved SUBJECT: Date 10/18/2017 - 11:35 AM Request of Friends of the Family for a variance to the Noise Ordinance No. 3094, on October 27, from 4:00 p.m. to 6:00 p.m. in conjunction with the Domestic Violence Awareness Walk, to be held at Lincoln Park, including the use of a PA system, together with recommendation of approval of Captain of Police Services. Submitted by: Submitted By: Joe Leibold, Captain of Police Services Page 24 of 272 CITY OF WATERLOO Council Communication Cancellation of assessment for 1658 Hyperion Drive in the amount of $264.02; and 2929 Spruce Lane in the amount of $235.32, and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. City Council Meeting: 10/23/2017 Prepared: 10/12/2017 REVIEWERS: Department Reviewer Action Date Clerk Office Higby, Nancy Approved 10/12/2017 - 3:44 PM SUBJECT: Submitted by: Cancellation of assessment for 1658 Hyperion Drive in the amount of $264.02; and 2929 Spruce Lane in the amount of $235.32, and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. Submitted By: Kelley Felchle, City Clerk Page 25 of 272 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as November 27, 2017 to approve Amendment No. 3 to the Northeast Industrial Area Urban Renewal and Redevelopment Plan, to remove properties from the TIF area, and setting date of consultation with taxing entities on November 8, 2017, and instruct City Clerk to publish notice. City Council Meeting: 10/23/2017 Prepared: 10/17/2017 REVIEWERS: Department Planning & Zoning Clerk Office ATTACHMENTS: Description D NE Amendment No 3 D P&Z Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Reviewer Schroeder, Aric Higby, Nancy Action Approved Approved Type Backup Material Backup Material Date 10/17/2017 - 5:32 PM 10/18/2017 - 9:41 AM Resolution setting date of public hearing as November 27, 2017 to approve Amendment No. 3 to the Northeast Industrial Area Urban Renewal and Redevelopment Plan, to remove properties from the TIF area, and setting date of consultation with taxing entities on November 8, 2017, and instruct City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning and Development Director Approval The Northeast Industrial Area Urban Renewal and Redevelopment Plan is proposed to be amended to remove multiple areas from the existing TIF boundary. By separate action, it is proposed that those areas will be put back into the TIF boundary. The end result of the amendments will not increase the area of the existing TIF boundary. The areas being removed and then put back in the TIF are undeveloped areas that are not likely to develop before their 20 year sunset, and the amendment will establish a new 20 year sunset for these areas. Once removed from the existing TIF, any increment will be released from the TIF, and once put back in, the current values will become the new frozen base that is released to all taxing entities, including the City of Waterloo's general fund. Only future increment from future development of these areas would be captured by the TIF. This would appear to be the best model to accomplish economic development of this area. Amendments to a TIF Plan require a consultation with taxing entites, which is proposed to be held on November 8, 2017. The Planning, Programming and Zoning Commission will review the Page 26 of 272 proposed amendment at their regular meeting on November 14, 2017. Expenditure Required: None Source of Funds: n/a Policy Issue: Economic Development, Strategic Plan polices 1, 3 and 4. Legal Descriptions: See Attached Page 27 of 272 Prepared by Aric Schroeder, City of Waterloo, 715 Mulberry Street, Waterloo, IA, 50703 319-291-4366 Return to preparer after recording. AMENDMENT 3 TO NORTHEAST INDUSTRIAL AREA URBAN RENEWAL AND REDEVELOPMENT PLAN RECITALS A. On February 15, 1993, the City Council of the City of Waterloo, Iowa (the "City") adopted Ordinance No. 3925 and on February 8, 1993 adopted Resolution No. 1993-57, determining that certain areas located within the City are eligible and should be designated as an urban renewal area under Iowa law, and approved and adopted the Northeast Industrial Area Development Plan of the City of Waterloo Iowa (the "Plan") (Original area). B. On April 26, 2004, the City Council adopted Ordinance No. 4688 and Resolution No. 2004-254, in which it was agreed to amend the Plan by enlarging the area included therein, and one or more other amendments have been made to the Plan to include additional urban renewal projects or for other purposes (Amendment No. 1 area). C. On October 12, 2015, the City Council adopted Ordinance No. 5309 and on October 5, 2015 adopted Resolution No. 2015-801, in which it was agreed to amend the Plan by enlarging the area included therein, renaming the Plan as the Northeast Industrial Area Urban Renewal and Redevelopment Plan, and one or more other amendments have been made to the Plan to include additional urban renewal projects or for other purposes (Amendment No. 2 area). D. The City desires to amend the Plan again to reduce the area included therein and to update related information in the Plan. Said amendment may be referred to as Amendment No. 3 removal area. AMENDMENT NOW THEREFORE, the Northeast Industrial Area Urban Renewal and Redevelopment Plan, as previously amended, is hereby further amended as follows: 1. Attachments A and B to the Plan are hereby stricken in their entirety, and the new Attachments A and B which are attached hereto are substituted in their place so that the Page 28 of 272 Plan shows the current legal description and map, describing and depicting the boundaries of the Northeast Industrial Area Urban Renewal and Redevelopment Plan and TIF District, as amended. 2. The attachments listed below, each of which is attached hereto, are included in this amendment to show compliance with procedural requirements under state law for adoption of this amendment, but do not replace or supersede similar attachments to the original Plan or any amendment thereto adopted prior to this amendment: Attachment G (Planning, Programming & Zoning resolution) Attachment H (notice of consultation) Attachment I (resolution adopting this amendment) Attachment J (ordinance adopting amended TIF district) Attachment K (notice of public hearing) 3. Except as modified by this amendment, the Plan, as previously amended, shall continue unmodified in full force and effect. PASSED AND APPROVED this day of , 2017. ATTEST: Kelley Felchle, City Clerk 2 Quentin Hart, Mayor Page 29 of 272 I Attachment A - Northeast Industrial Area T.I.F. District Removal 1 1J T John Deere Newell Street ilr I T W r1 I I H -i 1 1 lel u Independence Ave Legend .. 14 Page 3pof27-2 Removed Areas Existing TIF District Boundary Attachment B NORTHEAST INDUSTRIAL AREA URBAN RENEWAL AND REDEVELOPMENT PLAN URBAN RENEWAL AREA LEGAL DESCRIPTIONS Original area (1993) (Original Subarea) Part of Sections 15, 20, 21 and 22, Township 89 North, Range 12 West of the 5th Principal Meridian in the City of Waterloo, Black Hawk County, Iowa, described as follows: Beginning at the Southeasterly corner of Section 20, Township 89, Range 12, thence West along the South line of said Section to a point that is sixty-six (66) feet West of the West line of the East one-half (1/2) of the Southeast quarter (SE 1/4) of said Section, thence North along a line sixty-six (66) feet West of the West line of said East one-half (1/2) to its intersection with the South line of the North one-half (1/2) of the Northwest quarter (NW 1/4) of the Southeast quarter (SE 1/4) Section 20, thence West on said South line and its extension Westerly to the South line of the Union Pacific Railroad Right -of -Way, thence Northeasterly along said right-of-way line to its intersection with the West line of the East one quarter (1/4) of said Section, thence Northerly along the West line of the Northeast quarter (NE 1/4) of the Southeast quarter (SE 1/4) said Section to the Southwest corner of the Southeast quarter (SE 1/4) of the Northeast quarter (NE 1/4) said Section, thence West along the South line of the North one-half (1/2) of said Section to the West line of said Section, thence North along the West line to the Northwest corner of the Southwest quarter (SW 1/4) of the Northwest quarter (NW 1/4) said Section, thence East one hundred ninety-four and four tenths (194.4) feet, thence North parallel to the West line of said Section to the North line of said Section, thence East to the Northeast corner of said Section 20, thence continuing East along the North line Section 21, Township 89, Range 12 to the Northeast corner of said Section, thence North along the West line of Section 15, Township 89, Range 12 to the Northwest corner of the Southwest quarter (SW 1/4) of the Southwest quarter (SW 1/4) said Section, thence East along the North line of the Southwest quarter (SW 1/4) of the Southwest quarter (SW 1/4) to the Northeast corner of said quarter (1/4) quarter (1/4) said Section, thence South along the East line of the Southwest quarter (SW 1/4) of the Southwest quarter (SW 1/4) said Section to its intersection with the South line of the Union Pacific Railroad Right -of -Way, thence Northeasterly along said South Right -of -Way line to its intersection with the East line of the Southeast quarter (SE 1/4) of the Southwest quarter (SW 1/4) of said Section, said point also being a point on the current Corporate City Limit Line of Waterloo, thence South following the current (1992) Corporate Limits of said City to the South line of Section 15, said line also being the North line of Section 22, Township 89, Range 12, thence continuing South along the East line of the Northeast quarter (NE 1/4) of the Northwest quarter (NW 1/4) of Section 22, Township 89, Range 12 to a point that is 680 feet South of the North line said Section, thence West along a line 680 feet normally distant Southerly of the Section line approximately 1500'±, thence North 40°01'01" West 166.19 feet, thence North 15°32'50" West 194.91 feet, thence North 02°34'55" West 174.45 feet, thence North 32°18'09" East 115.17 feet, thence North 57°10'27" East 111.27 feet to the South line of the Union Pacific Railroad Right of Way, thence South 70°11'41" West along said South Right -of -Way line to a point that is 264.54 feet Northeasterly of the West line Section 22, thence South 86°28'27" East 190.29 feet, thence South 73°13'02" East 119.21 feet, thence South 61°04'21" East 154.14 feet, thence South Page 31 of 272 40°08'51" East 145.09 feet, thence South 24°47'31" East 141.92 feet, thence South 9°45' 15" East 287.51 feet, thence South 0°06' West 261.27 feet, thence South 14°18" West 256.24 feet, thence South 65.02 feet, thence West 766 feet to the East line of North Elk Run Road, thence South 70 feet along said right- of-way, thence East 391 feet, thence South 60 feet, thence East 130 feet, thence South 60 feet, thence East 165 feet, thence South 0°07'14" East 777.35 feet, thence South 81°02'06" West 255.19 feet, thence South 94.32 feet to the South line of the Northwest quarter (NW 1/4) of said Section, thence West along said South line to the centerline of North Elk Run Road, which is also a point on the West line Section 22, Township 89, Range 12, thence North along said West line to the South line of the Union Pacific Railroad Right of Way, thence Southwesterly along said South Right -of -Way line through Section 21, Township 89, Range 12 to its intersection with the West line of Southeast quarter (SE 1/4) of the Northwest quarter (NW 1/4), of Section 21, thence South along said West line to the Northwest corner of the Northeast quarter (NE 1/4) of the Southwest quarter (SW 1/4) said Section, thence East along the North line of the Southwest quarter (SW 1/4) of said Section to the center of Section 21, said point also being a point on the corporate limit line of Waterloo, thence South along the East line of the Southwest quarter (1/4) of said Section to the South line of said Section, thence West along the South line of Section 21 to the point of beginning, all in the City of Waterloo, Black Hawk County, Iowa. Amendment No. 1 area (2004) (Amendment No. 1 Subarea) (as modified by Amendment No. 3 (2017)) That part of Section 21, Township 89 North, Range 12 West, as follows: The Southeast 1/4 of said Section, except the Southeast 1/4 of the Southeast 1/4 of said Section, and except the East 332 feet of the South 693 feet of the Southwest 1/4 of the Southeast 1/4 said Section. And, That part of Section 20, Township 89 North, Range 12 West, as follows: Beginning at a point on the West line of said Section 20 that is 990' North of the Southwest corner of said Section, thence North along the West line of said Section to the West 1/4 corner of said Section, thence East along the centerline of said Section to the point where it intersects the Northwest corner of the Northeast 1/4 of the Southeast 1/4 of said Section, thence South along the West line of the Northeast 1/4 of the Southeast 1/4 of said Section to the South line of the Union Pacific Railroad Right of Way, thence Southwesterly along said South Right of Way line to the South line of the North 1/2 of the Northeast 1/4 of the Southwest 1/4 of Section 20 Township 89 Range 13, thence East along the South line of North 1/2 of the Northeast 1/4 of the Southwest 1/4 and the South line of the North 1/2 of the Northwest 1/4 of the Southeast 1/4 to its intersection with a line 66 feet West of and parallel to the West line of the East 1/2 of the Southeast 1/4 said Section, thence South along said parallel line to the South line of said Section, thence West along the South line of said Section to the centerline of Northeast Drive (formerly Bishop Avenue), thence Northerly along the centerline of Northeast Drive, as now established, to North line of the South 990' of said Section, thence West along the North line of the South 990' of said Section to the point of beginning, all in the City of Waterloo, Black Hawk County, Iowa. Page 32 of 272 Except the following areas removed from the Amendment No. 1 area by Amendment No. 3 (2017): The Northeast 1/4 of the Southeast 1/4 of Section 21, Township 89 North, Range 12 West of the Fifth Principal Meridian, Black Hawk County, Iowa. Also except a parcel of land located in the Northwest 1/4 of the Southeast 1/4 of Section 21, Township 89 North, Range 12 West of the Fifth Principal Meridian, Black Hawk County, Iowa, more particularly described in LD Book 571 Page 808 in the office of the Black Hawk County Recorder. Also except that part of the above described Amendment No. 1 area located in Section 20, Township 89 North, Range 12 West of the Fifth Principal Meridian, Black Hawk County, Iowa, but not excepting that part of the West 1/2 of the Northeast 1/4 of the Southwest Quarter of said Section 20 lying South of the Union Pacific Railroad, and not excepting that part of the North 5 acres of the West 1/2 of the Southeast 1/4 of the Southwest 1/4 of said Section 20 lying Northwesterly of the Northwesterly right of way line of Northeast Drive (formerly Bishop Avenue), and not excepting the Union Pacific Railroad Right of Way. Amendment No. 2 area (2015) (Amendment No. 2 Subarea) That part of the East One-half of the Southwest Quarter of Section 15, Township 89 North, Range 12 West of the Fifth Principal Meridian, Waterloo, Black Hawk County Iowa, lying North of the Union Pacific Railroad Right -of -Way, except the North 990 feet thereof. Page 33 of 272 Mayor QUENTIN HART COUNCIL MEMBERS TOM POWERS Ward 1 BRUCE JACOBS Ward 2 PAT MORRISSEY Ward 3 JEROME AMOS Ward 4 RON WELPER Ward 5 TOM LIND At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL ANDERSON, Community Planning & Development Director DATE: October 13, 2017 TO: Planning and Zoning Commission Members From: Aric A. Schroeder, City Planner RE: Proposed Amendments to the San Marnan Area Urban Renewal Planning staff is proposing to amend the San Marnan Urban Renewal and Redevelopment Plan and TIF District by removing multiple areas from the existing TIF boundary, and then putting those areas back into the TIF boundary. The end result of the amendments will not significantly increase the area of the existing TIF boundary. One additional area that was not previously included in the TIF District will be added to correct a previous error in the boundary. The areas being removed and then put back in the TIF are undeveloped areas that are not likely to develop before their 20 year sunset, and the amendment will establish a new 20 year sunset for these areas. Once removed from the existing TIF, any increment will be released from the TIF, and once put back in, the current values will become the new frozen base that is released to all taxing entities, including the City of Waterloo's general fund. Only future increment from future development of these areas would be captured by the TIF. This would appear to be the best model to accomplish economic development of this area. The amendment will also update projects and project budgets to be included in the Plan, and include other general updates to the Plan. Attached are three maps, including a map that shows the existing San Marnan Development Plan Area TIF District Boundary, as well as a map that shows what areas would be removed (Amendment No. 3), and then a map that shows the areas to be put back into the TIF District (Amendment No. 4). If you have any questions on the amendments, please contact our office. Respectfully, Aric A. Schroeder, City Planner WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 34 of 272 Ek San Marnan Development Plan Area T.I.F. District Boundary Map -i' off 442111111111111Hb. -e ammoi ailima 1115111111111111 E San Marnan Dr Amend. #2 Area 'Orig- Area Highway 20 Amend. #1 Area IE N T =Mull A Mill 111 iMINs 'ft, nitillW IN la r CO - __ IN WEI IN line - - - M--Y- W Shaulis Rd E Shaulis Rd 0.5 1 Miles Legend Existing TIF District Boundary of iri I I Imu iirr�,� mnUIIff UIII1 III - Attachment A - San Marnan Development Plan Area T.I.F. District Remova Nol I 41uoouunuuII pi��1► - 111111111.111x4 -iii _ NC am -' ■-_ - Ilrl 1 111111 111111 ------------ W San Marnan Dr 4111 i e����I ter-- .Hlghw, y 20 "eAr lire 11141 int* NY E San Marnan Dr W Shaulis Rd 0.5 1 Miles P Legend of 9 E Shaulis Rd Removed Areas Existing TIF District Boundary IHill i c[ \1 I—] E191r �FfH Attachment A - San Marnan DeNIve�l4prpePlan Area T.I.F. District Expansion • MN EME -- .- MEE NEM MEE MEE MEE SE - N- -- No:Nonumimmom rvi�'♦`1i am. °ENE. 11111111111 := = = I I IAmmAmmno 4 soy iirr Nampo • ss f ipp111111111 ,r44/ ,11111111►�I, .111111 1111111 ■- mom im ■r. MEI NMEI - NEM•MIIM-- MEI NEM • • Moo Nom Moo -; 111111 111111 II I — --_- --------- W San Marnan Draw • "4 4 ..: Ur : * - . : 1 ' : . S•I•S•S•S•S•S•SoV•i•I•1•Il g . I ISS ►. SIA E San Marnan Dr 11111111J111111 ME EN Ell 1 .11111111.1.1 11111111111111 > I)III II IIIII W Shaulis Rd 0.5 1 Miles r E Shaulis Legend '1Znf2 Rd �E— E 0L San Marnan TIF Expansion Area Existing TIF District Boundary CITY OF WATERLOO Council Communication Resolution setting date of public hearing as November 27, 2017 to approve Amendment No. 4 to the Northeast Industrial Area Urban Renewal and Redevelopment Plan, to expand the boundaries and update projects and include additional projects and update related financial information, and include other general updates to the Plan, and setting date of consultation with taxing entities on November 8, 2017, and instruct City Clerk to publish notice. City Council Meeting: 10/23/2017 Prepared: 10/17/2017 REVIEWERS: Department Planning & Zoning Clerk Office ATTACHMENTS: Description D NE Amendment No 4 D P&Z Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Reviewer Schroeder, Aric Higby, Nancy Action Approved Approved Type Backup Material Backup Material Date 10/17/2017 - 5:36 PM 10/18/2017 - 9:42 AM Resolution setting date of public hearing as November 27, 2017 to approve Amendment No. 4 to the Northeast Industrial Area Urban Renewal and Redevelopment Plan, to expand the boundaries and update projects and include additional projects and update related financial information, and include other general updates to the Plan, and setting date of consultation with taxing entities on November 8, 2017, and instruct City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning and Development Director Approval By separate action the Northeast Industrial Area Urban Renewal and Redevelopment Plan is being amended to remove multiple areas from the existing TIF boundary. This amendment will put these areas back into the TIF boundary. The end result of the amendments will not increase the area of the existing TIF boundary. The areas being removed and then put back in the TIF are undeveloped areas that are not likely to develop before their 20 year sunset, and the amendment will establish a new 20 year sunset for these areas. Once removed from the existing TIF, any increment will be released from the TIF, and once put back in, the current values will become the new frozen base that is released to all taxing entities, including the City of Waterloo's general fund. Only future increment from future development of these areas would be captured by the TIF. This would appear to be the best model to accomplish economic development of this area. Amendments to a TIF Plan require a consultation with taxing entities, which is proposed to be Page 38 of 272 Expenditure Required: Source of Funds: Policy Issue: held on November 8, 2017. The amendment will also update projects and include additional projects and update related financial information, and include other general updates to the Plan. The Planning, Programming and Zoning Commission will review the proposed amendment at their regular meeting on November 14, 2017. None n/a Economic Development, Strategic Plan Policies 1, 3 and 4. Legal Descriptions: See Attached Page 39 of 272 Prepared by Aric Schroeder, City of Waterloo, 715 Mulberry Street, Waterloo, IA, 50703 319-291-4366 Return to preparer after recording. NORTHEAST INDUSTRIAL AREA URBAN RENEWAL AND REDEVELOPMENT PLAN (AMENDMENT NO. 4 - 2017) Page 40 of 272 INTRODUCTION The City of Waterloo 2010 Strategic Development Plan states the need to diversify and increase the property tax base by encouraging the retention and expansion and attraction of business and industry. The Land Use Plan states that the City should continually explore incentives to encourage development and increase employment that will help the City achieve these goals. Under the present circumstances, there is the need to bring about economic development; i.e., the expansion of existing industry and the attraction of new industry, which will further diversify and increase the property tax base and which will increase employment opportunities. The 2010 Plan also states that the City of Waterloo should develop the Northeast Industrial Area into a nationally recognized industrial park. This is made possible with the construction of North Elk run Road, the sewage lagoon and the proposed Martin Luther King Drive. The Northeast Industrial Area Urban Renewal and Redevelopment Plan presents a proposal for the location of an industrial park on various lands at and near the Northeast Industrial Area. The Plan also will allow tax increment revenue to be used as incentives for the development of the area. These incentives would be negotiated and approved on a project -by -project basis at future dates. To achieve the primary objectives of this Plan, the City of Waterloo shall undertake the urban renewal actions as specified in this tax increment plan, pursuant to the powers granted to it under Chapter 403 of the Code of Iowa, as amended. 1 Page 41 of 272 TABLE OF CONTENTS I. NORTHEAST INDUSTRIAL AREA URBAN RENEWAL AND REDEVELOPMENT PLAN AS AMENDED. A. DESCRIPTION OF PROJECT B. LAND USE PLAN C. PROJECT PROPOSALS D. OTHER PROVISIONS NECESSARY TO MEET STATE AND LOCAL REQUIREMENTS E. PROCEDURES FOR CHANGES IN THE PLAN F. RELOCATION G. BONDING CAPACITY II. PROJECT BUDGET A. NARRATIVE B. LOANS OR GRANTS C. TAX INCREMENT FINANCING III. LEGAL DATA - ATTACHMENTS A. BOUNDARY MAP B. LEGAL DESCRIPTION C. STUDY OF BONDING CAPACITY D. PROJECT PROPOSALS AND BUDGET E. ACQUISITION CHECKLIST F. RELOCATION CHECKLIST G. PLANNING, PROGRAMMING & ZONING COMMISSION RESOLUTION H. NOTIFICATION TO TAXING ENTITIES AND RECORD OF CONSULTATION 2 Page 42 of 272 I. RESOLUTION ADOPTING PLAN J. ORDINANCE ADOPTING TAX INCREMENT FINANCING DISTRICT K. NOTICE OF PUBLIC HEARING 3 Page 43 of 272 I. NORTHEAST INDUSTRIAL AREA URBAN RENEWAL AND REDEVELOPMENT PLAN AS AMENDED. A. Description of Project 1. Boundary Map (See Attachment "A") 2. Boundary Description (See Attachment "B") 3. Findings and Objectives a. Findings The City of Waterloo proposes to undertake an Urban Renewal Project under the provisions of Iowa Code Chapter 403, as amended to date. It is hereby found and declared that there exists in the proposed Northeast Industrial Area Urban Renewal and Redevelopment Plan Area the continuing need for programs to alleviate and prevent conditions of unemployment; and that it is accordingly necessary to assist and retain local retail and commercial enterprises to strengthen and revitalize the economy of this City; that accordingly it is necessary to provide means and methods for the encouragement and assistance of retail and commercial enterprises in locating, purchasing, constructing, reconstructing, modernizing, improving, maintaining, repairing, furnishing, equipping, and expanding in this City; and that it is also necessary to encourage the location and expansion of commercial enterprises to more conveniently provide needed services and facilities of the commercial enterprises to Waterloo and the residents of the City. b. Objectives of the Plan This Plan is intended to strengthen the economy and to promote retail and other commercial development, expansion of existing business and industry and attraction of new commercial projects. In accordance with this public purpose, the Northeast Industrial Area Project is intended to accomplish the following objectives: (1) To provide for the expansion of the existing uses and the establishment of new uses which are essential for the economic development and redevelopment of the area. 4 Page 44 of 272 (2) Encourage investment in the residential, commercial, and industrial existing uses and in vacant land in the Northeast Industrial Area by enhancing the environment and making it more conducive to economic development. (3) Provide incentives to expand existing business and attract new industrial and commercial uses as allowed under Chapter 15A of the Code of Iowa, such as tax abatements, tax rebates, land acquisition, demolition, infrastructure provision, removal, and relocation, loans, grants and/or any other incentives that will result in redevelopment of the Northeast Industrial Area. (4) Increase employment opportunities for the citizens of Waterloo. (5) Provide the necessary infrastructure, including but not limited to: sanitary sewer, storm sewer, streets, rail, traffic control, parking, skywalks, street amenities, etc., which may be necessary as the area is developed. (6) All of the objectives adopted by the original plan adopted in 1993, Amendment No. 1 adopted in 2004, and Amendment No. 2 adopted in 2015. B. Land Use Plan 1. This Plan is in conformance with the previously adopted Comprehensive Plan for the City of Waterloo. 2. As part of good planning and land use, the following goals are inherent to the realization of Plan objectives: a. Stimulate land uses which will strengthen and complement existing sound land use relationships within the surrounding community. b. Stabilize and increase employment in the area. c. Encourage investment in the area. d. Conserve and enhance the existing community facilities necessary to serve the surrounding area. 3. This Plan is consistent with the Comprehensive Plan in that both strive to: 5 Page 45 of 272 a. Maintain the City's role as a regional center of commerce and industry. b. Assure land uses which will strengthen and complement existing appropriate land use relationships within the surrounding community. c. Encourage sound growth and investment in the area. d. Increase employment in the area by encouraging economic development. e. Provide economic incentives that may increase employment opportunities within the City. C. Project Proposals 1. General Renewal Activities a. The City intends to acquire land or interests in land to facilitate development that is consistent with this Plan and site improvements. b. The City intends to provide public facilities that are needed from time to time such as streets, rail, sanitary sewers, storm sewers, parking, traffic control, streetscape amenities, skywalks, rail access, etc. c. The City may make loans or grants to private persons or businesses for economic development and/or redevelopment purposes on such terms as may be determined by the City Council. d. The City may borrow money and provide security therefor. e. The City may establish and enforce controls, standards, and restrictions on land use and buildings. f. The City may make or have made surveys and plans necessary for the implementation of the urban renewal program and specific urban renewal project activities. g. The City may use tax increment financing to achieve a more marketable and competitive land -offering price, to provide for 6 Page 46 of 272 necessary physical improvements and infrastructure, and to fund other urban renewal project costs. h. The City may use any and all other powers, without limitation, granted by the Iowa Code to develop and provide for improved economic conditions in the City of Waterloo. i. Pay all legal fees, consulting fees, and related expenses associated with the administration and operation of the Northeast Industrial Area. 2. Land Acquisition and Disposition The City may finance the acquisition of one or more tracts of land in the Project Area for purposes of private development. Other areas may be identified for acquisition in the future for the following purposes: a. To provide sites for needed private and public improvements or facilities or other public purposes, in proper relationship to the projects demand for such facilities and in accordance with accepted criteria for the development of such facilities. b. To assemble land into parcels of adequate size and shape to meet contemporary development needs and standards and to allow new construction to meet the objectives of the plan. c. To acquire any and all interests in any property within the Project Area which in any way dominates or controls usage of other real property proposed to be acquired. The City may make improvements in preparation for redevelopment or transfer of land to private developers. Improvements will be accomplished in accordance with the goals and objectives of this plan and in concert with other actions to ensure timely improvement of the land. The City may advertise and solicit development proposals, may negotiate directly with prospective developers, and may dispose of all or a portion of the property acquired by it for the purpose of redevelopment in accordance with the goals and objects of this plan. The property so disposed of may include vacated right-of-way and other lands under public ownership which are not needed for public purposes. 7 Page 47 of 272 The City may subdivide, vacate, or otherwise change the recorded arrangement of property under its control to accomplish the goals and objectives of this plan. 3. Northeast Industrial Area Projects a. Over time project agreements will be developed to outline specifics of projects that meet the objectives of the Northeast Industrial Area. The known and anticipated projects are listed in Attachment D. In the future this list of projects may be amended or added by the action of the City Council after proper notice and hearing. 4. Public Improvements a. Infrastructure such as streets, rail, sewers, parking, streetscape, skywalks, sidewalks, bridge improvements, etc. will be constructed in association with enhancing the new development projects using the local option sales tax for street reconstruction, MPO federal road funds, potential grants, and G.O. bonds which will be paid off with the increased tax increment revenues resulting from private investment in the Northeast Industrial area. D. Other Provisions Necessary to Meet State and Local Requirements 1. In accordance with this Urban Renewal and Redevelopment Plan, the City of Waterloo will take whatever action it deems necessary to close, vacate, plan or replan streets, roads, rail, sidewalks, walkways or other places within the Project Area. 2. In the event it is deemed necessary for the successful implementation of the plan to acquire any properties, land acquisition procedures will be in conformance with policies and procedures used in the City's acquisition programs. (Current policy attached as Attachment "E") E. Procedures for Changes in the Plan 1. This plan may be modified at any time provided it is done in accordance with Iowa Code Chapter 403, and the proposed plan modification is approved by the Waterloo Planning, Programming and Zoning Commission (when required) and a public hearing is held. 8 Page 48 of 272 F Relocation 1. All relocation will be carried out in accordance with Iowa Code, Section 403.5(4)(a), and in the event any properties are acquired and it is necessary to relocate families, individuals or businesses, relocation assistance will be provided by the City's Community Planning and Development Relocation staff. (Current policy attached as Attachment «F») G. Bonding Capacity 1. For updated information about unused bonding capacity for the City of Waterloo, see Attachment "C" attached to the latest Plan amendment. II. PROJECT BUDGET A. Narrative The Northeast Industrial Area Urban Renewal and Redevelopment Plan includes the area as described in Attachment "B". As each project is developed, the City Council may enter into a specific project agreement, which will identify the specific financial incentives that may be used on each project. Therefore, a total value on the financial incentives cannot be identified at this time. The following projects will be developed, but specific project budgets cannot be identified as specific locations are not available. However, preliminary budgets for known and anticipated projects are listed in Attachment "D". 1. Acquisition of property. 2. Tax rebate program The property tax assessment base on the real estate where a new development and/or rehabilitation/renovation is completed is frozen. While the frozen amount will be guaranteed to each new taxing jurisdiction, the increased tax revenue resulting from the new development may be rebated annually to the developer for up to ten (10) years, or twenty (20) years for monumental projects. The developer may use these funds in two ways: (1) to pay off private debt incurred in financing the new construction and/or the rehabilitation/renovation of an existing commercial building, or (2) to pay off public improvements (street and/or parking improvements, extension of skywalks, etc.) associated with enhancing the new development and/or the 9 Page 49 of 272 total rehabilitation/renovation project. A specific project agreement will be required for each project. The taxable value must be increased by a minimum of 10% and increase the annual tax by a minimum of $500.00. This program is not applicable to the Self Supported Municipal Improvement District levy, other special tax assessments, the debt service levy or any other levy exempted from treatment as tax increment financing under applicable law. 3. Project loans and/or grants. 4. Infrastructure such as streets, sewers, parking, streetscape, bridge improvements, skywalks, sidewalks, rail, etc. B. Loans or Grants The making of loans or grants of public funds to private businesses within the Project Area may be deemed necessary or appropriate for economic development purposes (as defined in Chapter 15A of the Code) and to aid in the planning, undertaking, and carrying out of urban renewal project activities authorized under this Urban Renewal Plan and the Code. In furtherance of the objectives under this Urban Renewal Plan, the City may determine to issue general obligation bonds, tax increment revenue bonds or other such obligations, or loan agreements for the purpose of making loans or grant funds to private businesses located in the Project Area. Alternatively, the City may determine to use available funds for making such loans or grants. C. Tax Increment Financing The City intends to utilize tax increment financing as a means to help pay for the costs associated with the development of the Project Area. General obligation bonds, tax increment revenue bonds or other such obligations or loan agreements may be issued by the City. The tax increment reimbursement may be sought for, among other things, the following costs (if and to the extent incurred by the City): 1. The construction of public improvements, such as streets, rail, sanitary sewers, sewage treatment lagoons, storm sewers, bridge improvements, parking facilities, water mains or sidewalks; 2. The acquisition of land and preparation of same for sale to private developers or for public purposes or public improvements; 10 Page 50 of 272 3. The making of loans or grants to private businesses under Chapter 15A or Chapter 403 of the Code, including debt service payments on any bonds or notes issued to finance such loans or grants; or 4. Providing the local matching share of CEBA, RISE, MPO, HQJC, or other state, federal, or local grants and loan programs. Nothing herein shall be construed as a limitation on the power of the City to exercise any lawful power granted to the City under Chapter 15A, Chapter 260E, Chapter 384, Chapter 403, Chapter 404, Chapter 472B, or any other provision of the Code in furtherance of the objectives of this Urban Renewal Plan. III. LEGAL DATA - ATTACHMENTS See Attachments A -K. A. Boundary Map B. Legal Description C. Study of Bonding Capacity D. Project Proposals and Budget E. Acquisition Checklist F. Relocation Checklist G. Planning, Programming & Zoning Commission Resolution H. Notification to Taxing Entities and Record of Consultation I. Resolution Adopting Plan J. Ordinance Adopting Tax Increment Financing District K. Notice of Public Hearing 11 Page 51 of 272 i Attachment A - Northeast Industrial Area T.I.F. District Expansion 1 1J T r John Deere Newell Street ilr 1 Independence Ave T W r1 I I H -i 1 1 lel u 0.5 II -N\ \\,l„IH 1 Miles III 11111111N1 II Page 52 of Legend �i Northeast TIF Expansion Area Existing TIF District Boundary 272 Attachment B NORTHEAST INDUSTRIAL AREA URBAN RENEWAL AND REDEVELOPMENT PLAN URBAN RENEWAL AREA LEGAL DESCRIPTIONS Original area (1993) (Original Subarea) Part of Sections 15, 20, 21 and 22, Township 89 North, Range 12 West of the 5th Principal Meridian in the City of Waterloo, Black Hawk County, Iowa, described as follows: Beginning at the Southeasterly corner of Section 20, Township 89, Range 12, thence West along the South line of said Section to a point that is sixty-six (66) feet West of the West line of the East one-half (1/2) of the Southeast quarter (SE 1/4) of said Section, thence North along a line sixty-six (66) feet West of the West line of said East one-half (1/2) to its intersection with the South line of the North one-half (1/2) of the Northwest quarter (NW 1/4) of the Southeast quarter (SE 1/4) Section 20, thence West on said South line and its extension Westerly to the South line of the Union Pacific Railroad Right -of -Way, thence Northeasterly along said right-of-way line to its intersection with the West line of the East one quarter (1/4) of said Section, thence Northerly along the West line of the Northeast quarter (NE 1/4) of the Southeast quarter (SE 1/4) said Section to the Southwest corner of the Southeast quarter (SE 1/4) of the Northeast quarter (NE 1/4) said Section, thence West along the South line of the North one-half (1/2) of said Section to the West line of said Section, thence North along the West line to the Northwest corner of the Southwest quarter (SW 1/4) of the Northwest quarter (NW 1/4) said Section, thence East one hundred ninety-four and four tenths (194.4) feet, thence North parallel to the West line of said Section to the North line of said Section, thence East to the Northeast corner of said Section 20, thence continuing East along the North line Section 21, Township 89, Range 12 to the Northeast corner of said Section, thence North along the West line of Section 15, Township 89, Range 12 to the Northwest corner of the Southwest quarter (SW 1/4) of the Southwest quarter (SW 1/4) said Section, thence East along the North line of the Southwest quarter (SW 1/4) of the Southwest quarter (SW 1/4) to the Northeast corner of said quarter (1/4) quarter (1/4) said Section, thence South along the East line of the Southwest quarter (SW 1/4) of the Southwest quarter (SW 1/4) said Section to its intersection with the South line of the Union Pacific Railroad Right -of -Way, thence Northeasterly along said South Right -of -Way line to its intersection with the East line of the Southeast quarter (SE 1/4) of the Southwest quarter (SW 1/4) of said Section, said point also being a point on the current Corporate City Limit Line of Waterloo, thence South following the current (1992) Corporate Limits of said City to the South line of Section 15, said line also being the North line of Section 22, Township 89, Range 12, thence continuing South along the East line of the Northeast quarter (NE 1/4) of the Northwest quarter (NW 1/4) of Section 22, Township 89, Range 12 to a point that is 680 feet South of the North line said Section, thence West along a line 680 feet normally distant Southerly of the Section line approximately 1500'±, thence North 40°01'01" West 166.19 feet, thence North 15°32'50" West 194.91 feet, thence North 02°34'55" West 174.45 feet, thence North 32°18'09" East 115.17 feet, thence North 57°10'27" East 111.27 feet to the South line of the Union Pacific Railroad Right of Way, thence South 70°11'41" West along said South Right -of -Way line to a point that is 264.54 feet Northeasterly of the West line Section 22, thence South 86°28'27" East 190.29 feet, thence South 73°13'02" East 119.21 feet, thence South 61°04'21" East 154.14 feet, thence South Page 53 of 272 40°08'51" East 145.09 feet, thence South 24°47'31" East 141.92 feet, thence South 9°45' 15" East 287.51 feet, thence South 0°06' West 261.27 feet, thence South 14°18" West 256.24 feet, thence South 65.02 feet, thence West 766 feet to the East line of North Elk Run Road, thence South 70 feet along said right- of-way, thence East 391 feet, thence South 60 feet, thence East 130 feet, thence South 60 feet, thence East 165 feet, thence South 0°07'14" East 777.35 feet, thence South 81°02'06" West 255.19 feet, thence South 94.32 feet to the South line of the Northwest quarter (NW 1/4) of said Section, thence West along said South line to the centerline of North Elk Run Road, which is also a point on the West line Section 22, Township 89, Range 12, thence North along said West line to the South line of the Union Pacific Railroad Right of Way, thence Southwesterly along said South Right -of -Way line through Section 21, Township 89, Range 12 to its intersection with the West line of Southeast quarter (SE 1/4) of the Northwest quarter (NW 1/4), of Section 21, thence South along said West line to the Northwest corner of the Northeast quarter (NE 1/4) of the Southwest quarter (SW 1/4) said Section, thence East along the North line of the Southwest quarter (SW 1/4) of said Section to the center of Section 21, said point also being a point on the corporate limit line of Waterloo, thence South along the East line of the Southwest quarter (1/4) of said Section to the South line of said Section, thence West along the South line of Section 21 to the point of beginning, all in the City of Waterloo, Black Hawk County, Iowa. Amendment No. 1 area (2004) (Amendment No. 1 Subarea) (as modified by Amendment No. 3 (2017)) That part of Section 21, Township 89 North, Range 12 West, as follows: The Southeast 1/4 of said Section, except the Southeast 1/4 of the Southeast 1/4 of said Section, and except the East 332 feet of the South 693 feet of the Southwest 1/4 of the Southeast 1/4 said Section. And, That part of Section 20, Township 89 North, Range 12 West, as follows: Beginning at a point on the West line of said Section 20 that is 990' North of the Southwest corner of said Section, thence North along the West line of said Section to the West 1/4 corner of said Section, thence East along the centerline of said Section to the point where it intersects the Northwest corner of the Northeast 1/4 of the Southeast 1/4 of said Section, thence South along the West line of the Northeast 1/4 of the Southeast 1/4 of said Section to the South line of the Union Pacific Railroad Right of Way, thence Southwesterly along said South Right of Way line to the South line of the North 1/2 of the Northeast 1/4 of the Southwest 1/4 of Section 20 Township 89 Range 13, thence East along the South line of North 1/2 of the Northeast 1/4 of the Southwest 1/4 and the South line of the North 1/2 of the Northwest 1/4 of the Southeast 1/4 to its intersection with a line 66 feet West of and parallel to the West line of the East 1/2 of the Southeast 1/4 said Section, thence South along said parallel line to the South line of said Section, thence West along the South line of said Section to the centerline of Northeast Drive (formerly Bishop Avenue), thence Northerly along the centerline of Northeast Drive, as now established, to North line of the South 990' of said Section, thence West along the North line of the South 990' of said Section to the point of beginning, all in the City of Waterloo, Black Hawk County, Iowa. Except the following areas removed from the Amendment No. 1 area by Amendment No. 3 (2017): Page 54 of 272 The Northeast 1/4 of the Southeast 1/4 of Section 21, Township 89 North, Range 12 West of the Fifth Principal Meridian, Black Hawk County, Iowa. Also except a parcel of land located in the Northwest 1/4 of the Southeast 1/4 of Section 21, Township 89 North, Range 12 West of the Fifth Principal Meridian, Black Hawk County, Iowa, more particularly described in LD Book 571 Page 808 in the office of the Black Hawk County Recorder. Also except that part of the above described Amendment No. 1 area located in Section 20, Township 89 North, Range 12 West of the Fifth Principal Meridian, Black Hawk County, Iowa, but not excepting that part of the West 1/2 of the Northeast 1/4 of the Southwest Quarter of said Section 20 lying South of the Union Pacific Railroad, and not excepting that part of the North 5 acres of the West 1/2 of the Southeast 1/4 of the Southwest 1/4 of said Section 20 lying Northwesterly of the Northwesterly right of way line of Northeast Drive (formerly Bishop Avenue), and not excepting the Union Pacific Railroad Right of Way. Amendment No. 2 area (2015) (Amendment No. 2 Subarea) That part of the East One-half of the Southwest Quarter of Section 15, Township 89 North, Range 12 West of the Fifth Principal Meridian, Waterloo, Black Hawk County Iowa, lying North of the Union Pacific Railroad Right -of -Way, except the North 990 feet thereof. Amendment No. 4 area (2017) (Amendment No. 4 Subarea) The Northeast 1/4 of the Southeast 1/4 of Section 21, Township 89 North, Range 12 West of the Fifth Principal Meridian, Black Hawk County, Iowa. And, A parcel of land located in the Northwest 1/4 of the Southeast 1/4 of Section 21, Township 89 North, Range 12 West of the Fifth Principal Meridian, Black Hawk County, Iowa, more particularly described in LD Book 571 Page 808 in the office of the Black Hawk County Recorder. And, That part of the above described Amendment No. 1 area located in Section 20, Township 89 North, Range 12 West of the Fifth Principal Meridian, Black Hawk County, Iowa, except that part of the West 1/2 of the Northeast 1/4 of the Southwest Quarter of said Section 20 lying South of the Union Pacific Railroad, and except that part of the North 5 acres of the West 1/2 of the Southeast 1/4 of the Southwest 1/4 of said Section 20 lying Northwesterly of the Northwesterly right of way line of Northeast Drive (formerly Bishop Avenue), and except the Union Pacific Railroad Right of Way. Page 55 of 272 Attachment C City of Waterloo Black Hawk County, Iowa Study of Bonding Capacity as of January 1, 2015 January 1, 2015 Actual Gross Assessed Valuation $3,770,142,165 Legal Bonding Rate 5% Legal Bonding Limit $ 188,507,108 Less Outstanding G.O. & Other Debt ($ 94,503,764) Unused Gross bonding Capacity $ 94,003,344 50% of legal limit Page 56 of 272 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) 14) Attachment D - Northeast Industrial Park Amendment No. 4 (2017) Project Proposals Proposed Budgets Future or Anticipated Acquisition $2,800,000 Future or Anticiapted Demolition $500,000 Site Improvements, platting $2,000,000 Water & Sewer $2,000,000 Legal fees, consulting fees, and related expenses associated with administration and operation of the Urban Renewal Area $500,000 Miscellaneous (certification, environmental) $300,000 Railroad extension $700,000 Twin City Tannery - rebates $61,000 Veteran Enterprises - rebates $70,000 Ferguson Enterprises - rebates $625,000 Eagles Wings (Harris Cleaning) - rebates $40,000 ConTrol - rebates $150,000 Heavy water prospect - infrastructure and rebates $500,000 Light Industrial prospect - rebates $1,800,000 Total $12,046,000 Page 57 of 272 Attachment E CITY OF WATERLOO, IOWA ACQUISITION CHECKLIST 1. City of Waterloo personnel determine property owners affected by the project. 2. Land is appraised or compensation estimate by staff utilized. If appraised, appraisers then inspect each property affected by the project and make a written appraisal report. The appraisal report will estimate the current market value of the land and improvements to be purchased by the City of Waterloo, plus any reduction in the value of remaining property should its value be adversely affected. The appraiser will contact the property owner for permission to inspect and study the property. The appraiser will interview the landowner to get information about he use and operation of the property to be purchased by the City of Waterloo. 3. The appraiser's report will be reviewed by qualified review appraisers for the City of Waterloo, if needed in specific acquisitions of contention. 4. The property owner will then be contacted by an acquisition agent from the City of Waterloo to present the property owner with an offer to purchase. This dollar amount is offered as just compensation for property being purchased by the City of Waterloo. 5. After agreement is reached, a contract is approved and signed by the City. Where title conditions permit, a partial payment of the purchase price can also be made available per the terms of the contract. 6. Reasonable time will be allowed for the occupant to vacate property purchased. Occupant will not be required to move sooner than ninety (90) days from the date the City makes the first offer to acquire the property. 7. Written notice specifying the date the property must be vacated will be given at least thirty (30) days prior to the required vacation date. The thirty (30) day notice will not be issued until payment by the City is received as agreed, or the money has been deposited by the City as prescribed by law. 8. The City acquisition agent will arrange payment at the earliest possible date. 9. If the City's acquisition offer is rejected, fair market value will be determined in the course of eminent domain proceedings (commonly referred to as condemnation). 16 Page 58 of 272 Attachment F CITY OF WATERLOO, IOWA RELOCATION CHECKLIST 1. City of Waterloo personnel determine property owners affected by the project. 2. City of Waterloo relocation agent will contact family/occupant to determine the amount of eligible relocation benefits such as: a. Actual reasonable expenses as a result of moving (based upon two (2) quotations from movers approved by City of Waterloo). 3. To be eligible for assistance, occupant must not move until negotiations have started on the acquisition of the property without jeopardizing eligibility for moving cost payments. 4. If dissatisfied with the determination of the amount of payment offered under the Relocation Assistance Program, persons to be displaced may have the application reviewed by: a. Sending a written statement requesting the review and outlining the items in dispute to the Community Planning & Development Director, Community Planning and Development Department, City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703 b. Stating the amount or amounts being claimed, if any, and including documentation and reasons why dissatisfied with the amount offered. 5. Upon receipt of the claim application, the Community Planning & Development Director will appoint a review board and notify the applicant when and where a hearing will be held. The review board will recommend a decision on the claim to the City of Waterloo. The relocation agent will notify the applicant in writing of the City of Waterloo's decision within one (1) week. 17 Page 59 of 272 ATTACHMENT G A RESOLUTION OF THE WATERLOO CITY PLANNING, PROGRAMMING, AND ZONING COMMISSION BE IT RESOLVED BY THE WATERLOO CITY PLANNING, PROGRAMMING, AND ZONING COMMISSION OF THE CITY OF WATERLOO: WHEREAS, the Northeast Industrial Area Urban Renewal and Redevelopment Plan Amendment No. 4 for a Tax Increment Financing District has been prepared by the Planning and Zoning Department in Accordance with Chapter 403 of the Code of Iowa; and WHEREAS, said plan provides incentives for the expansion of the tax base improvements, economic development and creation of jobs; and, WHEREAS, said plan is in conformance with the Long Range Use Plan for this area, NOW THEREFORE, BE IT RESOLVED that the Northeast Industrial Area Urban Renewal and Redevelopment Plan Amendment No. 4 be and is hereby reviewed and placed on file and recommended for approval and that the Secretary and Chairman of this Commission be and they are hereby authorized and directed to certify a copy of this Resolution. Passed and adopted this day of 2017. ATTEST: Aric Schroeder, Secretary CERTIFICATE Craig Holdiman, Chairperson We, Craig Holidamn, Chairperson and Aric Schroeder, Secretary, of the Planning Programming & Zoning Commission of the City of Waterloo, Iowa, do hereby certify that the foregoing is a true and correct copy of a certain resolution adopted by the Planning, Programming & Zoning Commission of the City of Waterloo, Iowa, on the date thereon indicated. 18 Craig Holidman, Chairperson Aric Schroeder, Secretary Page 60 of 272 Attachment H CITY OF WATERLOO, IOWA CONSULTATION WITH TAXING ENTITIES 19 Page 61 of 272 Attachment I CITY OF WATERLOO, IOWA RESOLUTION ADOPTING 20 Page 62 of 272 Attachment J CITY OF WATERLOO, IOWA ORDINANCE ADOPTING 21 Page 63 of 272 Attachment K CITY OF WATERLOO, IOWA NOTICE OF PUBLIC HEARING 22 Page 64 of 272 Mayor QUENTIN HART COUNCIL MEMBERS TOM POWERS Ward 1 BRUCE JACOBS Ward 2 PAT MORRISSEY Ward 3 JEROME AMOS Ward 4 RON WELPER Ward 5 TOM LIND At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL ANDERSON, Community Planning & Development Director DATE: October 13, 2017 TO: Planning and Zoning Commission Members From: Aric A. Schroeder, City Planner RE: Proposed Amendments to the Northeast Industrial Area Urban Renewal Planning staff is proposing to amend the Northeast Industrial Area Urban Renewal and Redevelopment Plan and TIF District by removing multiple areas from the existing TIF boundary, and then putting those areas back into the TIF boundary. The end result of the amendments will not increase the area of the existing TIF boundary. The areas being removed and then put back in the TIF are undeveloped areas that are not likely to develop before their 20 year sunset, and the amendment will establish a new 20 year sunset for these areas. Once removed from the existing TIF, any increment will be released from the TIF, and once put back in, the current values will become the new frozen base that is released to all taxing entities, including the City of Waterloo's general fund. Only future increment from future development of these areas would be captured by the TIF. This would appear to be the best model to accomplish economic development of this area. The amendment will also update projects and project budgets to be included in the Plan, and include other general updates to the Plan. Attached are three maps, including a map that shows the existing Northeast Industrial Area TIF District Boundary, as well as a map that shows what areas would be removed (Amendment No. 3), and then a map that shows the areas to be put back into the TIF District (Amendment No. 4). If you have any questions on the amendments, please contact our office. Respectfully, Aric A. Schroeder, City Planner WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 65 of 272 eei •puewv peob unb )113 43-10N .F. District Remova Attachment A - Northeast -7\ John Deere 0) J Removed Areas s I P D C 0 0 L U) 0 U- I- 0) U) .X 9W r 1f 1111111- 11111111111 \ \ Attachment A - Northeast Industrial Area T.I.F. District Expansion John Deere I I i MINIM, Newell Street - — _J_1 1 Qa��f_ 1J ic RR c urs°r c - c _= YI_ 1 = T r .. Tyson w \ 1=411011111111111111 IIIIIIIIIIIIIIIP o Z 11 M ♦♦♦♦♦♦♦♦♦♦♦♦Ii:!i,4,. MLK Jr. Drive ♦♦♦♦_♦♦_♦:♦:♦♦♦♦♦�.♦:♦:♦:♦:♦:♦ •♦♦♦♦♦♦♦♦♦♦♦♦�♦♦1♦� ♦e5tiot nIIS ,4 i .ara c�♦�♦�♦�♦�♦�♦� !♦i!♦�!♦�!♦�!♦i!♦�!♦il♦�. ' ��♦����‘ I♦X10�►♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦� ►♦1/♦'►♦♦♦♦♦♦♦♦♦♦♦♦ II- I 1♦A►►♦AA♦.♦�♦�♦�♦�♦�♦�♦�♦�♦� Independence Ave fl A I'.. ] I _ - \ J - -'� Legend —1 1I I l H III rI u 5$5 Northeast TIF Expansion Area • A0 os 1 Miles Existing TIF District Boundary II SLA m . . .1H ill I 1 11 1 1 1 I NI II Page 68 of 1111111- CITY OF WATERLOO Council Communication Resolution setting date of public hearing as November 27, 2017 to approve Amendment No. 3 to the San Marnan Urban Renewal and Redevelopment Plan, to remove properties from the TIF area, and setting date of consultation with taxing entities on November 8, 2017, and instruct City Clerk to publish notice. City Council Meeting: 10/23/2017 Prepared: 10/17/2017 REVIEWERS: Department Planning & Zoning Clerk Office Reviewer Schroeder, Aric Higby, Nancy ATTACHMENTS: Description ❑ San Marnan Amendment No 3 D P&Z Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Action Approved Approved Type Backup Material Backup Material Date 10/17/2017 - 5:37 PM 10/18/2017 - 9:43 AM Resolution setting date of public hearing as November 27, 2017 to approve Amendment No. 3 to the San Marnan Urban Renewal and Redevelopment Plan, to remove properties from the TIF area, and setting date of consultation with taxing entities on November 8, 2017, and instruct City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning and Development Director Approval The San Marnan Urban Renewal and Redevelopment Plan is being amended to remove multiple areas from the existing TIF boundary. By separate action, it is proposed that these areas will be put back into the TIF boundary, and add one additional property. The end result of the amendments will only increase the area of the existing TIF boundary by including one additional parcel. The areas being removed and then put back in the TIF are undeveloped areas that are not likely to develop before their 20 year sunset, and the amendment will establish a new 20 year sunset for these areas. Once removed from the existing TIF, any increment will be released from the TIF, and once put back in, the current values will become the new frozen base that is released to all taxing entities, including the City of Waterloo's general fund. Only future increment from future development of these areas would be captured by the TIF. This would appear to be the best model to accomplish economic development of this area. Amendments to a TIF Plan require a consultation with taxing entities, which is proposed to be held on November 8, 2017. The Planning, Programming and Zoning Commission will review the Page 69 of 272 proposed amendment at their regular meeting on November 14, 2017. Expenditure Required: None Source of Funds: n/a Policy Issue: Economic Development, Strategic Plan Policies 1, 3 and 4. Legal Descriptions: See Attached Page 70 of 272 Prepared by Aric Schroeder, City of Waterloo, 715 Mulberry Street, Waterloo, IA, 50703 319-291-4366 Return to preparer after recording. AMENDMENT 3 TO SAN MARNAN URBAN RENEWAL AND REDEVELOPMENT PLAN RECITALS A. On April 19, 1999, the City Council of the City of Waterloo, Iowa (the "City") adopted Ordinance No. 4351 and on July 26, 1999 adopted Resolution No. 1999- 499, determining that certain areas located within the City are eligible and should be designated as an urban renewal area under Iowa law, and approved and adopted the San Marnan Urban Renewal and Redevelopment Plan of the City of Waterloo Iowa (the "Plan")(Original area). B. On December 13, 2004, the City Council adopted Ordinance 4748 and Resolution No. 2004-835, in which it was agreed to amend the Plan by extending the property included therein, and one or more other amendments have been made to the Plan to include additional urban renewal projects or for other purposes (Amendment No. 1 area). C. On September 14, 2009, the City Council adopted Ordinance 4956 and Resolution No. 2009-912, in which it was agreed to amend the Plan by extending the property included therein, and one or more other amendments have been made to the Plan to include additional urban renewal projects or for other purposes (Amendment No. 2 area). D. The City desires to amend the Plan again to reduce the area included therein and to update related information in the Plan. Said amendment may be referred to as Amendment No. 3 removal area. AMENDMENT NOW THEREFORE, the San Marnan Urban Renewal and Redevelopment Plan, as previously amended, is hereby further amended as follows: 1. Attachments A and B to the Plan are hereby stricken in their entirety, and the new Attachments A and B wich are attached hereto are substituted in their place so that the Plan shows the current legal description and map, describing and depicting the boundaries of the San Marnan Urban Renewal and Redevelopment Plan and TIF District, as amended. Page 71 of 272 2. The attachments listed below, each of which is attached hereto, are included in this amendment to show compliance with procedural requirements under state law for adoption of this amendment, but do not replace or supersede similar attachments to the original Plan or any amendment thereto adopted prior to this amendment: Attachment G (Planning, Programming & Zoning resolution) Attachment H (notice of consultation) Attachment J (resolution adopting this amendment) Attachment K (ordinance adopting amended TIF district) Attachment L (notice of public hearing) 3. Except as modified by this amendment, the Plan, as previously amended, shall continue unmodified in full force and effect. PASSED AND APPROVED this day of , 2017. ATTEST: Kelley Felchle, City Clerk 2 Quentin Hart, Mayor Page 72 of 272 n ��I�Illlllllllll<t���� ��uumuwuuD %% ^•�IIII iii 11°1111',= muss a�Gi/iunII ■i1. NM - • 1II 1 ..1111111..... ■11111.11111 1111111 11 11 ■■Bili ■u11111 iii. 11111 11111 ■■■. 11111 11111 111111111111111. 111111111111111 111111111111111 111111111111111 11111111111111111 111111111111111111 111111111111.. 11111111...... 11111111111... ...1........ .............. IuIIIu■luIu■I I�r�1111 ■111 Y N W 'vvvvv��vvvvvvvvv�- 1'i+ ,►��i�i�i�i�i�i�i�i�i► •�iiiiiiiiiii.► 4 11 ►i` �i�i�i�i�i�i�i�i�i�i�►����..is�i�i�i�i `.•`,i_..i..iiiii.DS!..iiiii�.�.��► ndsy6noaogsud • V II Ci i►4;4 1►...♦ ) ',$' •A��...A . CIiiiiIP 04 1� �...�� v ►4�I�. 1�A .0w,7i4 11J 1111111 :IQ ovigoKIM '-'2 (U 0 U 'L U) 0 LL 1- 0) c U) X W 9- 9 ce N III 1/ tivull ID 0 Attachment B SAN MARNAN URBAN RENEWAL AND REDEVELOPMENT PLAN URBAN RENEWAL AREA LEGAL DESCRIPTIONS Original area (1999) (Original Subarea) A part of the NW 1/4 of the NE 1/4, NE 1/4 of the NE 1/4 and the SW 1/4 of the NE 1/4 of Section 9-88- 13, Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the Northeast corner of the NW 1/4 of the NE 1/4 of said Section 9; thence S 00°26'14" E along the East Line of the NW 1/4 of the NE 1/4 of said Section 9 a distance of 463.53 feet to the point of beginning; thence S 89°03'48" E a distance of 110.02 feet; thence Northeasterly along a curve concave Northwesterly having a radius of 82.72 feet and a long chord bearing N 64°43'56" E a distance of 75.66 feet to the Northerly R -O -W line of Tower Park Drive as platted in Tower Park, Waterloo, Black Hawk County, Iowa; thence S 51°28'16" E along the Westerly end of said Tower Park Drive a distance of 60.00 feet; thence Southwesterly along a curve concave Northwesterly having a radius of 142.72 feet and a long chord bearing S 64°43'57" W a distance of 130.55 feet; thence N 89°03'48" W a distance of 58.09 feet; thence Southerly along a curve concave Southeasterly having a radius of 20.00 feet and a long chord bearing S 45°14'59" W a distance of 31.90 feet; thence S 00°26'14" E a distance of 346.22 feet; thence N 89°34'11" W a distance of 30.00 feet to the East line of the NW 1/4 of the NE 1/4 of said Section 9; thence S 00°26'14" E along the East line of the NW 1/4 of the NE 1/4 and the East line of the SW 1/4 of the NE 1/4 of said Section 9 a distance of 470.00 feet to the Northerly R -O -W of U.S. Hwy. 20; thence N 89°34'11" W along said Northerly R -O -W a distance of 780.00 feet; thence N 00°26'14" W a distance of 530.00 feet; thence S 89°34'11" E a distance of 750.00 feet; thence N 00°26'14" W a distance of 367.24 feet; thence S 89°03'48" E a distance of 30.01 feet to the point of beginning, all in the City of Waterloo, Black Hawk County, Iowa. The East line of the NW 1/4 of the NE 1/4 of Section 9-88-13, Waterloo, Black Hawk County, Iowa is assumed to bear S 00°26'14" E. Amendment No. 1 area (2004) (Amendment No. 1 Subarea) (as modified by Amendment No. 3 (2017)) Beginning at the intersection of the centerlines of W. 4th Street and West San Marnan Drive, thence Easterly along the centerline of West San Marnan Drive to the point where the centerline of Johnathon Street extended would intersect said centerline, thence South and Southeasterly along the extension of the centerline and the centerline of Johnathon Street to the South line of Tower Park Drive, thence Southwesterly along an arc following the Southerly line of Tower Park Drive to the Westerly line of Tract A of Tower Park Addition, thence South 45°26' 14" East a distance of 173.84 feet, to a point on the Southwesterly line of Lot 1 Tower Park Addition, thence following said line of Lot 1 57.3 feet along a 64 foot radius curve, thence South 45°26' 14" East 52 feet to the point of intersection of Lot 1 and Tract A, thence South 54°48' 14" East to the most Southerly corner of Tract A, thence in a straight line to the most Westerly corner of Lot 1 of Tower Park No. 2, thence East along the South line of said Lot 1 and an Page 74 of 272 extension thereof to the centerline of Kimball Avenue, thence South along the centerline of Kimball Avenue to the centerline of U.S. Highway 20, thence Easterly along the centerline of U.S. Highway 20 to its intersection with the East line of the West 3/4 of Section 10 Township 88 Range 13, thence South along the East line of the West 3/4 of said Section 10 to the South line of said Section, thence West along the South line of Section 10 Township 88 Range 13 to the Southwest corner of said Section, thence continuing West along the South line of Section 9 Township 88 Range 13 to the Southwest corner of said Section, thence West 466 feet along the South line of Section 8 Township 88 Range 13, thence North 466 feet, thence East 466 feet to the East line of said Section 8, thence North along the East line of said Section to its intersection with the centerline of U.S. Highway 20, thence Westerly along said centerline to its intersection with the centerline of West 4th Street, thence North along the centerline of West 4th Street to the centerline of San Marnan Drive, said point being the point of beginning, except that part described as follows: A part of the NW 1/4 of the NE 1/4, NE 1/4 of the NE 1/4 and the SW 1/4 of the NE 1/4 of Section 9-88- 13, Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the Northeast corner of the NW 1/4 of the NE 1/4 of said Section 9; thence S 00°26'14" E along the East Line of the NW 1/4 of the NE 1/4 of said Section 9 a distance of 463.53 feet to the point of beginning; thence S 89°03'48" E a distance of 110.02 feet; thence Northeasterly along a curve concave Northwesterly having a radius of 82.72 feet and a long chord bearing N 64°43'56" E a distance of 75.66 feet to the Northerly R -O -W line of Tower Park Drive as platted in Tower Park, Waterloo, Black Hawk County, Iowa; thence S 51°28'16" E along the Westerly end of said Tower Park Drive a distance of 60.00 feet; thence Southwesterly along a curve concave Northwesterly having a radius of 142.72 feet and a long chord bearing S 64°43'57" W a distance of 130.55 feet; thence N 89°03'48" W a distance of 58.09 feet; thence Southerly along a curve concave Southeasterly having a radius of 20.00 feet and a long chord bearing S 45°14'59" W a distance of 31.90 feet; thence S 00°26'14" E a distance of 346.22 feet; thence N 89°34'11" W a distance of 30.00 feet to the East line of the NW 1/4 of the NE 1/4 of said Section 9; thence S 00°26'14" E along the East line of the NW 1/4 of the NE 1/4 and the East line of the SW 1/4 of the NE 1/4 of said Section 9 a distance of 470.00 feet to the Northerly R -O -W of U.S. Hwy. 20; thence N 89°34'11" W along said Northerly R -O -W a distance of 780.00 feet; thence N 00°26'14" W a distance of 530.00 feet; thence S 89°34'11" E a distance of 750.00 feet; thence N 00°26'14" W a distance of 367.24 feet; thence S 89°03'48" E a distance of 30.01 feet to the point of beginning, all in the City of Waterloo, Black Hawk County, Iowa. The East line of the NW 1/4 of the NE 1/4 of Section 9-88-13, Waterloo, Black Hawk County, Iowa is assumed to bear S 00°26'14" E. Except the following 5 areas removed from the Amendment No. 1 area by Amendment No. 3 (2017): Area 1: That part of the above described Amendment No. 1 area located in Section 9 and 10 of T88 R13 lying Southerly of the centerline of US Highway 20. Area 2: That part of the above described Amendment No. 1 area located in Section 8 of T88 R13, but not excepting that part of said Section 8 described as Beginning at the intersection of the East line of the NE 1/4 of said Section 8 and an Easterly extension of the South line of the parcel of land described in Land Deed Book 543, Page 141, in the Black Hawk County Recorder's Office; thence S89°40'05'W 49.00'; Page 75 of 272 thence continuing S89°40'05"W 188.62'; thence S89°05'28"W to the Easterly right-of-way line of Galactic Drive; thence Northerly along said Easterly right-of-way line and an extension of said Easterly right-of-way line to the centerline of West San Marnan Drive; thence Easterly along said centerline to a point that would intersect a Northerly extension of the East line of said Section 8; thence Southerly along said Northerly extension and the East line of said Section 8 to the Point of Beginning. Area 3: That part of the above described Amendment No. 1 area described as Beginning at the intersection of the centerline of West San Marnan Drive and the Northerly extension of the West line of the Northeast 1/4 of the Northwest 1/4 of Section 9, T88 R13; thence Southerly along said Northerly extension and said West line to the Northerly right-of-way line US Highway 20; thence Easterly along said Northerly right-of-way line to the Southwest corner of Lot 1 of Tower Technology Park Plat No. 1; thence Northerly along the Westerly line of said Lot 1 to the Northwest corner of said Lot 1; thence Northerly along the Westerly most line of Tract A of Tower Technology Park Plat No. 1 to the Northwest corner of said Tract A that is on said Westerly most line of said Tract A; thence Easterly along the Northerly right-of-way line of Fisher Drive, as presently established, to a point that is N89°34'50'W 50.00' from the Southwest corner of Lot 3 of Tower Park No. 5; thence N0°26'00"W 310.66' to the Southerly right-of-way line of Tower Park Drive, as presently established; thence Easterly along said Southerly right-of-way line to a point where a Southerly extension of the West line of Lot 2 of Tower Park No. 5 would intersect; thence Northerly along a Southerly extension of said West line, along said West line, and along a Northerly extension of said West line to the centerline of West San Marnan Drive; thence Westerly along said centerline to the point where a Northerly extension of the Easterly line of Lot 1 of Tower Park No. 6 would intersect; thence Southerly along said Northerly extension and said Easterly line to the Southeast corner of said Lot 1; thence Westerly along the South line of said Lot 1 to the Southwest corner of said Lot 1; thence Northerly along the Easterly right-of-way line of Hurst Drive and a Northerly extension of said Easterly right-of-way line to the centerline of West San Marnan Drive; thence Westerly along said centerline of West San Marnan Drive to the Point of Beginning. Area 4: That part of the above described Amendment No. 1 area described as: Lot 1, Tract A, and Tract B of Tower Park No. 4. Area 5: That part of the above described Amendment No. 1 area described as: Lot A and Lot 3 except the East 21.99 feet of Lot 3 of Country Club Business Center Addition, and Lot 2 of Country Club Business Center Second Addition, and Lot 3 of Country Club Business Center Third Addition. Amendment No. 2 area (2015) (Amendment No. 2 Subarea) A parcel of land in the Northwest Quarter (NW 1/4) of Section 10, Township 88 North, Range 13 West of the 5th P.M., Black Hawk County, Iowa, described as follows: Beginning at the intersection of the centerline of Kimball Avenue and the centerline of US Highway 20; thence Easterly along the centerline of US Highway 20 to the intersection of said centerline and the Southerly extension of the Western -most line of Lot 1, Anderson's Addition; thence Northerly along said Western -most line of Lot 1, Anderson's Addition and the extension thereof, to the South line of Lot 1, Anderson's 1St Addition; thence Westerly along the South line of Lot 1, Anderson's 1St Addition and the South end of the Mirage Ridge right of way to the West right of way line of Mirage Ridge; thence North Page 76 of 272 along the West right of way line of Mirage Ridge to the South line of Lot 1, Anderson's Fifth Addition; thence Westerly along the South line of Lot 1, Anderson's Fifth Addition and Lot 1, Anderson's Eighth Addition and the Westerly extension thereof, to the centerline of Kimball Avenue; thence Southerly along the centerline of Kimball Avenue to the centerline of US Highway 20 and the point of beginning, all in the City of Waterloo, Black Hawk County, Iowa. Page 77 of 272 Mayor QUENTIN HART COUNCIL MEMBERS TOM POWERS Ward 1 BRUCE JACOBS Ward 2 PAT MORRISSEY Ward 3 JEROME AMOS Ward 4 RON WELPER Ward 5 TOM LIND At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL ANDERSON, Community Planning & Development Director DATE: October 13, 2017 TO: Planning and Zoning Commission Members From: Aric A. Schroeder, City Planner RE: Proposed Amendments to the San Marnan Area Urban Renewal Planning staff is proposing to amend the San Marnan Urban Renewal and Redevelopment Plan and TIF District by removing multiple areas from the existing TIF boundary, and then putting those areas back into the TIF boundary. The end result of the amendments will not significantly increase the area of the existing TIF boundary. One additional area that was not previously included in the TIF District will be added to correct a previous error in the boundary. The areas being removed and then put back in the TIF are undeveloped areas that are not likely to develop before their 20 year sunset, and the amendment will establish a new 20 year sunset for these areas. Once removed from the existing TIF, any increment will be released from the TIF, and once put back in, the current values will become the new frozen base that is released to all taxing entities, including the City of Waterloo's general fund. Only future increment from future development of these areas would be captured by the TIF. This would appear to be the best model to accomplish economic development of this area. The amendment will also update projects and project budgets to be included in the Plan, and include other general updates to the Plan. Attached are three maps, including a map that shows the existing San Marnan Development Plan Area TIF District Boundary, as well as a map that shows what areas would be removed (Amendment No. 3), and then a map that shows the areas to be put back into the TIF District (Amendment No. 4). If you have any questions on the amendments, please contact our office. Respectfully, Aric A. Schroeder, City Planner WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 78 of 272 Ll 11 au 161 11y11111� 2 0 m 7i; 0 I- co co 0_ 75 a) E 0 a) 0 co co 11- IIIt1 N Ri EOM rr ®r !ua rlll1111 ■r no MEM ... t.r i.1.1111 ;411111111111a =IMO 111!1 9!19811f w J11111111111111 I Isup ��i IIII11C1l��� !!!111111 Wa® �i rre1111 ��® �d�el1!lIs1631!9 s111111 rnira 1iiS+lllt!�!l1�1 1111111 limns ■■11111 ■■■I■■■ ■■■illi ■1!!!11SI1/1 Inn I■la■ I H I-1 11. MI'T'-1` alalllll{Illll'9 IlIlllllllllll. f1I1i1111111111 111111111111111 t IIAIi11UPIIlI! IIe61911111181 MUUMUU UlIllilllflUII 111111111III1I 11111■11I1III ■siIIII91I91191■ ilsllllI!I11L11 1!®11■»111ll Oe�■bII 11111® 11111111111113 01 ■ d!■I ■I■■0011 FO 241lU 1 11E 11:11'1I I 31 Pr' F. Ill III Mir #4,-"A essissisa ys04� •■ • . ;to al MX" 011111141, c coC c c 1a N "HI off■■ s„�s � ® 44,14, O N ReMy61H AV IIwl>l 1 L It a) a A ' g6noiogsud II 41LV I I Pip 011 ft -4441 ti14, 41 Mei Mei I 7- -47 y7,1 111111111 p ileums/ F. a) J CU 0 U L U, 0 LL co) C U) •X 9W AIM IAIIIIIIIIIIi ■ r ,El. lh11II■I■'r :U11 SIIIl1I1■Is 31111 1OIa ..'llllllol n ��I�Illlllllllll<t���� ��uumuwuuD %% ^•�IIII iii 11°1111',= muss a�Gdliuml ■i1. MM MM MM - - - - MO- WEN MEM -- 1I. I 1 1 .111111...... ■uuIII.uIluI 1111111 1111 M1111111M1111111 111. 111111 1111■ MI ME 11111 11111 I I 111111111111111. 11111111111111■ 111111111111111 111111111111111 11111111111111111 111111111111111111 111111111111.. 11111111...... 1111111111111. ..11.1111111 11111111111M111111111111111111111111111111111111111111111M11111--N IuIIIu■luIu■I Y N W ............. ii ..........► + I°.�.�.�.�.�.°• .�.���.�.�.�.�.�.�� ►i` �i�i�i�i�i�i�i�i�i�i4►..i11 4►........... ►.......... ``,i_.iiiiii.DS!�.iiiii�.�.��► ndsy6noaogsud i�a10 , • I I ►ice ....N IA tli!4$:: 1444 ; 11 41 ') 1���.� ��... A . 07 P:$Jli ►.-�i41 4Ao4 O 1 �t 1 1 1 1 s 0, /A /i i �, :IQ ovigoKIM ►-.� (U 0 U 's=U) 0 LL 1— 0) c U) X W 9 ce 1.72 N 1/ """IIIll11111 wri IIItivull 4— ID 0 maThlr . — UTTH 1111 1111 IIIU I min II 111: J.1111111 _111111: • ■= := 1 and pUOWWOH E ISI N co, w 7 111111111111111 411111111111uiio's �Q11111111111111111I� oe F i a II 11Ii�11� = -- ME ME EN EN EN -- .1111111111111 I111111. I'll 1 ■■11111 1111111 1 111. 1111■ 1111■ ■■■. 1111■ 1111■ J I MI .111111II....... .1111111111111■ 111111111111111 111111111111111 111111111111111 11111111111111 11111111111111 11111111111111 11111111111111 1111.1111111 11111111111111 .uu'lI.u'II■u 1 iii ndo6noaogsud 11111(_, I.1 I I I / N 1 IIIII 11111111111111 1WITAl1�iiii� I- 4- C CC ID 0 CC n T CITY OF WATERLOO Council Communication Resolution setting date of public hearing as November 27, 2017 to approve Amendment No. 4 to the San Marnan Urban Renewal and Redevelopment Plan, to expand the boundaries and to update projects and include additional projects and update related financial information, and include other general updates to the Plan, and setting date of consultation with taxing entities on November 8, 2017, and instruct City Clerk to publish notice. City Council Meeting: 10/23/2017 Prepared: 10/17/2017 REVIEWERS: Department Planning & Zoning Clerk Office Reviewer Schroeder, Aric Higby, Nancy ATTACHMENTS: Description D San Marnan Amendment No 4 D P&Z Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Action Approved Approved Type Backup Material Backup Material Date 10/17/2017 - 5:40 PM 10/18/2017 - 9:44 AM Resolution setting date of public hearing as November 27, 2017 to approve Amendment No. 4 to the San Marnan Urban Renewal and Redevelopment Plan, to expand the boundaries and to update projects and include additional projects and update related financial information, and include other general updates to the Plan, and setting date of consultation with taxing entities on November 8, 2017, and instruct City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning and Development Director Approval By separate action the San Marnan Urban Renewal and Redevelopment Plan is proposed to be amended to remove multiple areas from the existing TIF boundary. This amendment will put those areas back into the TIF boundary, and add one additional property. The end result of the amendments will only increase the area of the existing TIF boundary by including one additional parcel. The areas being removed and then put back in the TIF are undeveloped areas that are not likely to develop before their 20 year sunset, and the amendment will establish a new 20 year sunset for these areas. Once removed from the existing TIF, any increment will be released from the TIF, and once put back in, the current values will become the new frozen base that is released to all taxing entities, including the City of Waterloo's general fund. Only future increment from future development of these areas would be captured by the TIF. This would appear to be the best model to accomplish economic development of this area. Amendments to a Page 82 of 272 Expenditure Required: Source of Funds: Policy Issue: TIF Plan require a consultation with taxing entities, which is proposed to be held on November 8, 2017. The amendment will also update projects and include additional projects and update related financial information, and include other general updates to the Plan. The Planning, Programming and Zoning Commission will review the proposed amendment at their regular meeting on November 14, 2017. None n/a Economic Development, Strategic Plan Policies 1, 3 and 4. Legal Descriptions: See Attached Page 83 of 272 Prepared by Aric Schroeder, City of Waterloo, 715 Mulberry Street, Waterloo, IA, 50703 319-291-4366 Return to preparer after recording. SAN MARNAN URBAN RENEWAL AND REDEVELOPMENT PLAN (AMENDMENT NO.4 - 2017) Page 84 of 272 INTRODUCTION The City of Waterloo 2010 Strategic Development Plan states the need to diversify and increase the property tax base by encouraging the retention and expansion and attraction of business and industry. The Land Use Plan states that the City should continually explore incentives to encourage development and increase employment that will help the City achieve these goals. Under the present circumstances, there is the need to bring about economic development; i.e., the expansion of existing industry and the attraction of new industry, which will further diversity and increase the property tax base and which will increase employment opportunities. The San Marnan Urban Renewal and Redevelopment Plan presents a proposal for the location of a business park on various lands between San Marnan Drive and U.S. Highway 20 between West 4th Street and Iowa Highway 21. The Plan also will allow tax increment revenue to be used as incentives for the development of the area. These incentives would be negotiated and approved on a project -by -project basis at future dates. To achieve the primary objectives of this Plan, the City of Waterloo shall undertake the urban renewal actions as specified in this tax increment plan, pursuant to the powers granted to it under Chapter 403 of the Code of Iowa, as amended. Page 85 of 272 TABLE OF CONTENTS I. SAN MARNAN URBAN RENEWAL AND REDEVELOPMENT PLAN AS AMENDED. A. DESCRIPTION OF PROJECT B. LAND USE PLAN C. PROJECT PROPOSALS D. OTHER PROVISIONS NECESSARY TO MEET STATE AND LOCAL REQUIREMENTS. E. PROCEDURES FOR CHANGES IN THE PLAN F. RELOCATION G. BONDING CAPACITY II. PROJECT BUDGET A. NARRATIVE B. LOANS OR GRANTS C. TAX INCREMENT FINANCING III. LEGAL DATA - ATTACHMENTS A. BOUNDARY MAP B. LEGAL DESCRIPTION C. STUDY OF BONDING CAPACITY D. PROJECT PROPOSALS AND BUDGET E. ACQUISITION CHECK LIST F. RELOCATION CHECK LIST G. PLANNING, PROGRAMMING & ZONING RESOLUTION H. NOTIFICATION TO TAXING ENTITIES AND RECORD OF CONSULTATION -2- Page 86 of 272 I. RESOLUTION ADOPTING PLAN J. ORDINANCE ADOPTING TAX INCREMENT FINANCING DISTRICT K. NOTICE OF PUBLIC HEARING -3- Page 87 of 272 I. SAN MARNAN URBAN RENEWAL AND REDEVELOPMENT PLAN AS AMENDED. A. Description of Project 1. Boundary Map (See Attachment "A") 2. Boundary Description (See Attachment "B") 3. Findings and Objectives a. Findings The City of Waterloo proposes to undertake the San Marnan Urban Renewal and Redevelopment Plan under the provisions of the Iowa Code Chapter 403, as amended to date. It is hereby found and declared that there exists in the proposed San Marnan Urban Renewal and Redevelopment Plan Area the continuing need for programs to alleviate and prevent conditions of unemployment; and that it is accordingly necessary to assist and retain local industries and commercial enterprises to strengthen and revitalize the economy of this City; that accordingly it is necessary to provide means and methods for the encouragement and assistance of industrial and commercial enterprises in locating, purchasing, constructing, reconstructing, modernizing, improving, maintaining, repairing, furnishing, equipping, and expanding in this City; and that it is also necessary to encourage the location and expansion of commercial enterprises to more conveniently provide needed services and facilities of the commercial enterprises to Waterloo and the residents of the City. b. Objectives of the Plan This Plan is intended to strengthen the economy, promote commercial and industrial development, expansion, of existing business and industry and attraction of new industry. In accordance with this public purpose, the San Marnan Project is intended to accomplish the following objectives: (1) To provide for the expansion of the existing uses and the establishment of new uses which are essential for the economic development and redevelopment of the area. (2) Encourage investment in the residential, commercial, and industrial existing uses and vacant land in the San Marnan -4 Page 88 of 272 (3) Area by enhancing the environment and making it more conducive to economic development. Provide incentives to expand existing business and industrial uses and attract new industrial and commercial uses as allowed under Chapter 15A of the Code of Iowa, such as tax abatements, tax rebates, land acquisition, demolition, loans, grants and/or any other incentives that will result in development of the San Marnan Area. (4) Increase employment opportunities for the citizens of Waterloo. (5) Provide the necessary infrastructure, such as sanitary sewer, storm sewer, streets, traffic control, parking, skywalks, street amenities, bike trails, etc., that may be necessary as the area is developed. (6) All objectives of the original plan adopted in 1999, Amendment No. 1 plan adopted in 2004, and Amendment No. 2 plan adopted in 2009. B. Land Use Plan 1. This Plan is in conformance with the previously adopted Comprehensive Plan for the City of Waterloo. 2. As part of good planning and land use, the following goals are inherent to the realization of plan objectives. a. Stimulate land uses which will strengthen and compliment existing sound land use relationships within the surrounding community. b. Stabilize and increase employment in the area. c. Encourage investment in the area. d. Conserve and enhance the existing community facilities necessary to serve the surrounding area. 3. This plan is consistent with the long-range land use plan in that both strive to: a. Maintain the City's role as a regional center of commerce and industry. -5 Page 89 of 272 b. Assure land uses which will strengthen and compliment existing appropriate land use relationships within the surrounding community. c. Encourage sound growth and investment in the area. d. Increase employment in the area by encouraging economic development. e. To provide economic incentives that may increase employment opportunities within the City. C. Project Proposals 1. General Renewal Activities a. The City intends to acquire land or interests in land to facilitate development that is consistent with this Plan and site improvements. b. The City intends to provide public facilities that are needed from time to time such as streets, sanitary sewers, storm sewers, parking, traffic control, streetscape amenities, skywalks, bike trails, etc. c. The City may make loans or grants to private persons or businesses for economic development and/or redevelopment purposes on such terms as may be determined by the City Council. d. The City may borrow money and provide security therefore. e. The City may establish and enforce controls, standards, and restrictions on land use and buildings. f. The City may make or have made surveys and plans necessary for the implementation of the urban renewal program and specific urban renewal project activities. g. The City may use tax increment financing to achieve a more marketable and competitive land -offering price, to provide for necessary physical improvements and infrastructure, and to find other urban renewal project costs. h. The City may use any and all other powers, without limitation, granted by the Code to develop and provide for improved economic conditions in the City of Waterloo. -6 Page 90 of 272 i. Pay all legal fees, consulting fees, and related expenses associated with the administration and operation of the San Marnan Urban Renewal and Redevelopment Area. 2. Land Acquisition and Disposition The City intends to finance the acquisition of one or more tracts of land in the Project Area for purposes of private development. Other areas may be identified for acquisition in the future for the following purposes: a. To provide sites for needed private and public improvements or facilities or other public purposes, in proper relationship to the projects demand for such facilities and in accordance with accepted criteria for the development of such facilities; b. To assemble land into parcels of adequate size and shape to meet contemporary development needs and standards and to allow new construction to meet the objectives of the Plan. c. To acquire any and all interests in any property within the Project Area, which in any way dominates or controls usage of other real property, proposed to be acquired. The City may make improvements for redevelopment or transfer of land to private developers. Improvements will be accomplished in accordance with the goals and objectives of this Plan and in concert with other actions to ensure timely improvement of the land. The City may advertise and solicit development proposals, may negotiate directly with prospective developers, and may dispose of all or a portion of the property acquired by it for the purpose of redevelopment in accordance with the goals and objects of this Plan. The property so disposed of may include vacated right-of-way and other lands under public ownership, which are not needed for public purposes. The City may subdivide, vacate, or otherwise change the recorded arrangement of property under its control to accomplish the goals and objectives of this Plan. 3. San Marnan Urban Renewal and Redevelopment Area Projects a. Over time project agreements will be developed to outline specifics of projects that meet the objectives of the San Marnan Urban Renewal and Redevelopment Area. The known and anticipated projects are listed in Attachment "D". In the future this -7 Page 91 of 272 list of projects may be amended or added by the action of the City Council after proper notice and hearing. 4. Public Improvements a. Infrastructure such as streets, sewers, parking, streetscape, bike trails, skywalks, sidewalks, etc. will be constructed in association with enhancing the new development projects using the local option sales tax for street reconstruction and G.O. Bonds which will be paid off will the increased tax increment revenues resulting from private investment in the San Marnan area. D. Other Provisions Necessary to Meet State and Local Requirements 1. In accordance with this San Marnan Urban Renewal and Redevelopment Plan, the City of Waterloo will take whatever action it deems necessary to close, vacate, plan or replan streets, roads, sidewalks, walkways or other places within the project area. 2. In the event it is deemed necessary for the successful implementation of the plan to acquire any properties, land acquisition procedures will be in conformance with policies and procedures used in the City's acquisition programs. (Current policy attached as Attachment "E".) E. Procedures for Changes in the Plan 1. This plan may be modified at any time provided it is done in accordance with the Iowa Code Chapter 403, and the proposed plan modification is approved by the Waterloo, Planning, Programming and Zoning Commission and a public hearing is held. F Relocation 1. All relocation will be carried out in accordance with Iowa Code, Chapter 403.5, 4a, and in the event any properties area acquired and it is necessary to relocate families, individuals or businesses, relocation assistance will be provided by the City's Community Planning and Development Relocation staff. (Current policy attached as Attachment "F".) G. Bonding Capacity 1. For updated information about unused bonding capacity for the City of Waterloo, see Attachment "C" attached to the latest Plan amendment. -8 Page 92 of 272 II. Project Budget A. Narrative The San Marnan Urban Renewal and Redevelopment Plan includes the areas as described in Attachment "B". As each project is developed, the City Council may enter into a specific project agreement, which after public hearing will identify the specific financial incentives that may be used on each project. Therefore, a total value on the financial incentives cannot be identified at this time. The following projects will be developed, but specific project budgets cannot be identified as specific locations are not available. However, preliminary budgets for known projects are listed in Attachment "D". 1. Acquisition of property. 2. Tax rebate program. The property tax assessment base on the real estate where a new development and/or redevelopment is completed is frozen. While the frozen amount will be guaranteed to each taxing jurisdiction, the increased tax revenue resulting from the new development may be rebated annually to the developer for up to twenty (20) years. The developer may use these funds in two ways: (1) to pay off private debt incurred in financing the new construction and/or the rehabilitation/renovation of an existing commercial building, or (2) to pay off public improvements (street and/or parking improvements, etc.) associated in enhancing the new development and/or the total rehabilitation/renovation project. A specific project agreement will be required for each project. The taxable value must be increased by a minimum of 10% and increase the annual tax by a minimum of $500.00. This program is not applicable to the Self Supported Municipal Improvement District levy or other special tax assessments and/or the debt service levy. 3. Project loans and/or grants. 4. Infrastructure such as streets, sewers, parking, streetscape, bridge improvements, skywalks, sidewalks, etc. B. Loans or Grants. The making of loans or grants of public funds to private businesses within the Project Area may be deemed necessary or appropriate for economic development purposes (as defined in Chapter 15A of the Code) and to aid in the planning, undertaking, and carrying out of urban renewal project activities authorized under this San Marnan Urban Renewal and Redevelopment Plan and the Code. In furtherance of the objectives under this San Marnan Urban Renewal and -9 Page 93 of 272 Redevelopment Plan, the City may determine to issue general obligation bonds, tax increment revenue bonds or other such obligations, or loan agreements for the purpose of making loans or grants funds to private businesses located in the Project Area. Alternatively, the City may determine to use available funds for making such loans or grants. C. Tax Increment Financing. The City intends to utilize tax increment financing as a means to help pay for the costs associated with the development of the Project Area. General obligation bonds, tax increment revenue bonds or other such obligations or loan agreements may be issued by the City, the tax increment reimbursement may be sought for, among other things, the following costs (if and to the extent incurred by the City): 1. The construction of public improvements, such as streets, sanitary sewers, sewage treatment lagoons, storm sewers, parking facilities, water mains, bike trails or sidewalks; 2. The acquisition of land and preparation of same for sale to private developers or for public purposes or public improvements. 3. The making of loans or grants to private businesses under Chapter 15A or Chapter 403 of the Code, including debt service payments on any bonds or notes issued to finance such loans or grants; or 4. Providing the local matching share of CEBA, RISE, or other state, federal, or local grants and loan programs. Nothing herein shall be construed as a limitation on the power of the City to exercise any lawful power granted to the City under Chapter 15A, Chapter 260E, Chapter 384, Chapter 403, Chapter 404, Chapter 427B, or any other provision of the Code in furtherance of the objectives of this Urban Renewal Plan. III. Legal Data See Attachments A -K A. Boundary Map B. Legal Description C. Study of Bonding Capacity D. Project Proposals and Budget E. Acquisition Checklist - 10 - Page 94 of 272 F Relocation Checklist G. Planning, Programming & Zoning Commission Resolution H. Notification to Taxing Entities and Record of Consultation I. Resolution Adopting Plan J. Ordinance Adopting Tax Increment Finance District K. Notice of Public Hearing -11- Page 95 of 272 \ \ Attachment A - Northeast Industrial Area T.I.F. District Expansion John Deere I I i---1 i-, ---_-_ iiii...................4 ■1111■1 Newell Street — /- -1 - ■11■ I ,111111 __, J11 REz o 1. V�'ce Y!_ ,—T r Tyson w \ TIIIIA kb„,,,,.„ r IL , Pillillermill z .■. ,_______lr ,,,; , , 4,4���.:. MLK Jr. Drive ������_��_�:�:�:�:�����►.�:�:�:�:�:� ♦11111111►����������� -► ♦11111111►11111111♦ ♦�i. . �.��. A - .c, ��i•f • 1 ?�����������1 111111 IIII i�'i�i�i� ►iii .�ONo Oe ��i�ii� •••••••• ► •.& a& • ►_• �••••:4 !11111 I 1,,,,i�� ••••�•••••••4 1.11" i■11 11!■ 1 'I �il-4Li*.*.•���► Inde endence Ave _ fl 11.1111111111p /i• 1 -IIII I - ILegend 1■■ il . T I 1 µ{ ri ISH III rI u .A Northeast TIF Expansion Area AN I•I M . o os 1 Miles Existing TIF District Boundary • Page 96–of-272 i 4 1111111- Attachment B NORTHEAST INDUSTRIAL AREA URBAN RENEWAL AND REDEVELOPMENT PLAN URBAN RENEWAL AREA LEGAL DESCRIPTIONS Original area (1993) (Original Subarea) Part of Sections 15, 20, 21 and 22, Township 89 North, Range 12 West of the 5th Principal Meridian in the City of Waterloo, Black Hawk County, Iowa, described as follows: Beginning at the Southeasterly corner of Section 20, Township 89, Range 12, thence West along the South line of said Section to a point that is sixty-six (66) feet West of the West line of the East one-half (1/2) of the Southeast quarter (SE 1/4) of said Section, thence North along a line sixty-six (66) feet West of the West line of said East one-half (1/2) to its intersection with the South line of the North one-half (1/2) of the Northwest quarter (NW 1/4) of the Southeast quarter (SE 1/4) Section 20, thence West on said South line and its extension Westerly to the South line of the Union Pacific Railroad Right -of -Way, thence Northeasterly along said right-of-way line to its intersection with the West line of the East one quarter (1/4) of said Section, thence Northerly along the West line of the Northeast quarter (NE 1/4) of the Southeast quarter (SE 1/4) said Section to the Southwest corner of the Southeast quarter (SE 1/4) of the Northeast quarter (NE 1/4) said Section, thence West along the South line of the North one-half (1/2) of said Section to the West line of said Section, thence North along the West line to the Northwest corner of the Southwest quarter (SW 1/4) of the Northwest quarter (NW 1/4) said Section, thence East one hundred ninety-four and four tenths (194.4) feet, thence North parallel to the West line of said Section to the North line of said Section, thence East to the Northeast corner of said Section 20, thence continuing East along the North line Section 21, Township 89, Range 12 to the Northeast corner of said Section, thence North along the West line of Section 15, Township 89, Range 12 to the Northwest corner of the Southwest quarter (SW 1/4) of the Southwest quarter (SW 1/4) said Section, thence East along the North line of the Southwest quarter (SW 1/4) of the Southwest quarter (SW 1/4) to the Northeast corner of said quarter (1/4) quarter (1/4) said Section, thence South along the East line of the Southwest quarter (SW 1/4) of the Southwest quarter (SW 1/4) said Section to its intersection with the South line of the Union Pacific Railroad Right -of -Way, thence Northeasterly along said South Right -of -Way line to its intersection with the East line of the Southeast quarter (SE 1/4) of the Southwest quarter (SW 1/4) of said Section, said point also being a point on the current Corporate City Limit Line of Waterloo, thence South following the current (1992) Corporate Limits of said City to the South line of Section 15, said line also being the North line of Section 22, Township 89, Range 12, thence continuing South along the East line of the Northeast quarter (NE 1/4) of the Northwest quarter (NW 1/4) of Section 22, Township 89, Range 12 to a point that is 680 feet South of the North line said Section, thence West along a line 680 feet normally distant Southerly of the Section line approximately 1500'±, thence North 40°01'01" West 166.19 feet, thence North 15°32'50" West 194.91 feet, thence North 02°34'55" West 174.45 feet, thence North 32°18'09" East 115.17 feet, thence North 57°10'27" East 111.27 feet to the South line of the Union Pacific Railroad Right of Way, thence South 70°11'41" West along said South Right -of -Way line to a point that is 264.54 feet Northeasterly of the West line Section 22, thence South 86°28'27" East 190.29 feet, thence South 73°13'02" East 119.21 feet, thence South 61°04'21" East 154.14 feet, thence South Page 97 of 272 40°08'51" East 145.09 feet, thence South 24°47'31" East 141.92 feet, thence South 9°45' 15" East 287.51 feet, thence South 0°06' West 261.27 feet, thence South 14°18" West 256.24 feet, thence South 65.02 feet, thence West 766 feet to the East line of North Elk Run Road, thence South 70 feet along said right- of-way, thence East 391 feet, thence South 60 feet, thence East 130 feet, thence South 60 feet, thence East 165 feet, thence South 0°07'14" East 777.35 feet, thence South 81°02'06" West 255.19 feet, thence South 94.32 feet to the South line of the Northwest quarter (NW 1/4) of said Section, thence West along said South line to the centerline of North Elk Run Road, which is also a point on the West line Section 22, Township 89, Range 12, thence North along said West line to the South line of the Union Pacific Railroad Right of Way, thence Southwesterly along said South Right -of -Way line through Section 21, Township 89, Range 12 to its intersection with the West line of Southeast quarter (SE 1/4) of the Northwest quarter (NW 1/4), of Section 21, thence South along said West line to the Northwest corner of the Northeast quarter (NE 1/4) of the Southwest quarter (SW 1/4) said Section, thence East along the North line of the Southwest quarter (SW 1/4) of said Section to the center of Section 21, said point also being a point on the corporate limit line of Waterloo, thence South along the East line of the Southwest quarter (1/4) of said Section to the South line of said Section, thence West along the South line of Section 21 to the point of beginning, all in the City of Waterloo, Black Hawk County, Iowa. Amendment No. 1 area (2004) (Amendment No. 1 Subarea) (as modified by Amendment No. 3 (2017)) That part of Section 21, Township 89 North, Range 12 West, as follows: The Southeast 1/4 of said Section, except the Southeast 1/4 of the Southeast 1/4 of said Section, and except the East 332 feet of the South 693 feet of the Southwest 1/4 of the Southeast 1/4 said Section. And, That part of Section 20, Township 89 North, Range 12 West, as follows: Beginning at a point on the West line of said Section 20 that is 990' North of the Southwest corner of said Section, thence North along the West line of said Section to the West 1/4 corner of said Section, thence East along the centerline of said Section to the point where it intersects the Northwest corner of the Northeast 1/4 of the Southeast 1/4 of said Section, thence South along the West line of the Northeast 1/4 of the Southeast 1/4 of said Section to the South line of the Union Pacific Railroad Right of Way, thence Southwesterly along said South Right of Way line to the South line of the North 1/2 of the Northeast 1/4 of the Southwest 1/4 of Section 20 Township 89 Range 13, thence East along the South line of North 1/2 of the Northeast 1/4 of the Southwest 1/4 and the South line of the North 1/2 of the Northwest 1/4 of the Southeast 1/4 to its intersection with a line 66 feet West of and parallel to the West line of the East 1/2 of the Southeast 1/4 said Section, thence South along said parallel line to the South line of said Section, thence West along the South line of said Section to the centerline of Northeast Drive (formerly Bishop Avenue), thence Northerly along the centerline of Northeast Drive, as now established, to North line of the South 990' of said Section, thence West along the North line of the South 990' of said Section to the point of beginning, all in the City of Waterloo, Black Hawk County, Iowa. Except the following areas removed from the Amendment No. 1 area by Amendment No. 3 (2017): Page 98 of 272 The Northeast 1/4 of the Southeast 1/4 of Section 21, Township 89 North, Range 12 West of the Fifth Principal Meridian, Black Hawk County, Iowa. Also except a parcel of land located in the Northwest 1/4 of the Southeast 1/4 of Section 21, Township 89 North, Range 12 West of the Fifth Principal Meridian, Black Hawk County, Iowa, more particularly described in LD Book 571 Page 808 in the office of the Black Hawk County Recorder. Also except that part of the above described Amendment No. 1 area located in Section 20, Township 89 North, Range 12 West of the Fifth Principal Meridian, Black Hawk County, Iowa, but not excepting that part of the West 1/2 of the Northeast 1/4 of the Southwest Quarter of said Section 20 lying South of the Union Pacific Railroad, and not excepting that part of the North 5 acres of the West 1/2 of the Southeast 1/4 of the Southwest 1/4 of said Section 20 lying Northwesterly of the Northwesterly right of way line of Northeast Drive (formerly Bishop Avenue), and not excepting the Union Pacific Railroad Right of Way. Amendment No. 2 area (2015) (Amendment No. 2 Subarea) That part of the East One-half of the Southwest Quarter of Section 15, Township 89 North, Range 12 West of the Fifth Principal Meridian, Waterloo, Black Hawk County Iowa, lying North of the Union Pacific Railroad Right -of -Way, except the North 990 feet thereof. Amendment No. 4 area (2017) (Amendment No. 4 Subarea) The Northeast 1/4 of the Southeast 1/4 of Section 21, Township 89 North, Range 12 West of the Fifth Principal Meridian, Black Hawk County, Iowa. And, A parcel of land located in the Northwest 1/4 of the Southeast 1/4 of Section 21, Township 89 North, Range 12 West of the Fifth Principal Meridian, Black Hawk County, Iowa, more particularly described in LD Book 571 Page 808 in the office of the Black Hawk County Recorder. And, That part of the above described Amendment No. 1 area located in Section 20, Township 89 North, Range 12 West of the Fifth Principal Meridian, Black Hawk County, Iowa, except that part of the West 1/2 of the Northeast 1/4 of the Southwest Quarter of said Section 20 lying South of the Union Pacific Railroad, and except that part of the North 5 acres of the West 1/2 of the Southeast 1/4 of the Southwest 1/4 of said Section 20 lying Northwesterly of the Northwesterly right of way line of Northeast Drive (formerly Bishop Avenue), and except the Union Pacific Railroad Right of Way. Page 99 of 272 Attachment C City of Waterloo Black Hawk County, Iowa Study of Bonding Capacity as of January 1, 2015 January 1, 2015 Actual Gross Assessed Valuation $3,770,142,165 Legal Bonding Rate 5% Legal Bonding Limit $ 188,507,108 Less Outstanding G.O. & Other Debt ($ 94,503,764) Unused Gross bonding Capacity $ 94,003,344 50% of legal limit Page 100 of 272 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) 14) Attachment D - Northeast Industrial Park Amendment No. 4 (2017) Project Proposals Proposed Budgets Future or Anticipated Acquisition $2,800,000 Future or Anticiapted Demolition $500,000 Site Improvements, platting $2,000,000 Water & Sewer $2,000,000 Legal fees, consulting fees, and related expenses associated with administration and operation of the Urban Renewal Area $500,000 Miscellaneous (certification, environmental) $300,000 Railroad extension $700,000 Twin City Tannery - rebates $61,000 Veteran Enterprises - rebates $70,000 Ferguson Enterprises - rebates $625,000 Eagles Wings (Harris Cleaning) - rebates $40,000 ConTrol - rebates $150,000 Heavy water prospect - infrastructure and rebates $500,000 Light Industrial prospect - rebates $1,800,000 Total $12,046,000 Page 101 of 272 Attachment E CITY OF WATERLOO, IOWA ACQUISITION CHECKLIST 1. City of Waterloo personnel determine property owners affected by the project. 2. Land is appraised or compensation estimate by staff utilized. If appraised, appraisers then inspect each property affected by the project and make a written appraisal report. The appraisal report will estimate the current market value of the land and improvements to be purchased by the City of Waterloo, plus any reduction in the value of remaining property should its value be adversely affected. The appraiser will contact the property owner for permission to inspect and study the property. The appraiser will interview the landowner to get information about he use and operation of the property to be purchased by the City of Waterloo. 3. The appraiser's report will be reviewed by qualified review appraisers for the City of Waterloo, if needed in specific acquisitions of contention. 4. The property owner will then be contacted by an acquisition agent from the City of Waterloo to present the property owner with an offer to purchase. This dollar amount is offered as just compensation for property being purchased by the City of Waterloo. 5. After agreement is reached, a contract is approved and signed by the City. Where title conditions permit, a partial payment of the purchase price can also be made available per the terms of the contract. 6. Reasonable time will be allowed for the occupant to vacate property purchased. Occupant will not be required to move sooner than ninety (90) days from the date the City makes the first offer to acquire the property. 7. Written notice specifying the date the property must be vacated will be given at least thirty (30) days prior to the required vacation date. The thirty (30) day notice will not be issued until payment by the City is received as agreed, or the money has been deposited by the City as prescribed by law. 8. The City acquisition agent will arrange payment at the earliest possible date. 9. If the City's acquisition offer is rejected, fair market value will be determined in the course of eminent domain proceedings (commonly referred to as condemnation). - 16 - Page 102 of 272 ATTACHMENT "F" CITY OF WATERLOO, IOWA RELOCATION CHECK LIST 1. City of Waterloo personnel determine property owners affected by the project. 2. City of Waterloo Relocation Agent will contact family/occupant to determine the amount of eligible relocation benefits such as: a. Actual reasonable expenses as a result of moving (based upon two (2) quotations from movers approved by City of Waterloo). 3. To be eligible for assistance, occupant must not move until negotiations have started on the acquisition of the property without jeopardizing eligibility for moving cost payments. 4. If dissatisfied with the determination of the amount of payment offered under the Relocation Assistance Program, displaces may have the application reviewed by: a. Sending a written statement requesting the review and outlining the items in dispute to the City Planner, Community Planning and Development Department, City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703 b. Stating the amount or amounts being claimed, if any, and including documentation and reasons why dissatisfied with the amount offered. 5. Upon receipt of your claim application, the City Planner will appoint a review board and notify you when and where a hearing will be held. The review board will recommend a decision on your claim to the City of Waterloo. The Relocation Agent will notify you in writing of the City of Waterloo's decision within one (1) week. - 17 - Page 103 of 272 ATTACHMENT "G" A RESOLUTION OF THE WATERLOO CITY PLANNING, PROGRAMMING, AND ZONING COMMISSION BE IT RESOLVED BY THE WATERLOO CITY PLANNING, PROGRAMMING, AND ZONING COMMISSION OF THE CITY OF WATERLOO: WHEREAS, the San Marnan Urban Renewal and Redevelopment Plan Amendment No. 4 for a Tax Increment Financing District has been prepared by the Planning and Zoning Department in Accordance with Chapter 403 of the Code of Iowa; and WHEREAS, said plan provides incentives for the expansion of the tax base improvements, economic development and creation of jobs; and, WHEREAS, said plan is in conformance with the Long Range Use Plan for this area, NOW THEREFORE, BE IT RESOLVED that the San Marnan Urban Renewal and Redevelopment Plan Amendment No. 4 be and is hereby reviewed and placed on file and recommended for approval and that the Secretary and Chairman of this Commission be and they are hereby authorized and directed to certify a copy of this Resolution. Passed and adopted this day of 2017. ATTEST: Aric Schroeder, Secretary CERTIFICATE Craig Holdiman, Chairperson We, Craig Holidamn, Chairperson and Aric Schroeder, Secretary, of the Planning Programming & Zoning Commission of the City of Waterloo, Iowa, do hereby certify that the foregoing is a true and correct copy of a certain resolution adopted by the Planning, Programming & Zoning Commission of the City of Waterloo, Iowa, on the date thereon indicated. - 18 - Craig Holidman, Chairperson Aric Schroeder, Secretary Page 104 of 272 Attachment H CITY OF WATERLOO, IOWA CONSULTATION WITH TAXING ENTITIES - 19 - Page 105 of 272 Attachment I CITY OF WATERLOO, IOWA RESOLUTION ADOPTING - 20 - Page 106 of 272 Attachment J CITY OF WATERLOO, IOWA ORDINANCE ADOPTING -21- Page 107 of 272 Attachment K CITY OF WATERLOO, IOWA NOTICE OF PUBLIC HEARING - 22 - Page 108 of 272 Mayor QUENTIN HART COUNCIL MEMBERS TOM POWERS Ward 1 BRUCE JACOBS Ward 2 PAT MORRISSEY Ward 3 JEROME AMOS Ward 4 RON WELPER Ward 5 TOM LIND At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL ANDERSON, Community Planning & Development Director DATE: October 13, 2017 TO: Planning and Zoning Commission Members From: Aric A. Schroeder, City Planner RE: Proposed Amendments to the San Marnan Area Urban Renewal Planning staff is proposing to amend the San Marnan Urban Renewal and Redevelopment Plan and TIF District by removing multiple areas from the existing TIF boundary, and then putting those areas back into the TIF boundary. The end result of the amendments will not significantly increase the area of the existing TIF boundary. One additional area that was not previously included in the TIF District will be added to correct a previous error in the boundary. The areas being removed and then put back in the TIF are undeveloped areas that are not likely to develop before their 20 year sunset, and the amendment will establish a new 20 year sunset for these areas. Once removed from the existing TIF, any increment will be released from the TIF, and once put back in, the current values will become the new frozen base that is released to all taxing entities, including the City of Waterloo's general fund. Only future increment from future development of these areas would be captured by the TIF. This would appear to be the best model to accomplish economic development of this area. The amendment will also update projects and project budgets to be included in the Plan, and include other general updates to the Plan. Attached are three maps, including a map that shows the existing San Marnan Development Plan Area TIF District Boundary, as well as a map that shows what areas would be removed (Amendment No. 3), and then a map that shows the areas to be put back into the TIF District (Amendment No. 4). If you have any questions on the amendments, please contact our office. Respectfully, Aric A. Schroeder, City Planner WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 109 of 272 I�1 11:::Isak -a .11 lj tt :44 IMO 4% ►►ri 400404�� ®`'moi i'pp� oto* �4�0�•'t10a ..1r .I * &a �� 11 1: Eh:nem m fill!1��.--(!Ae� a ►iv1wm® 11r; �►sf/►911I11!111I111II11I@1I1a1I1l1I lI4111111! ®•4 aid►mrf(Ii1e■ I_D+yd's►IIIIIIBf Imo: 1111. 1111- II11 IIIc -11 M -1111110 ■wr —MO 014111 a® .- r -r rul :11111M. E. NI E. \11111!1.1311f ■. 411I1I11111aa 1111 .- �w .w aw .. mesa Now ww new w. .wnum NOW �d�e1111■oe53!■ lamo1afia1111ma 6111til•1l1 smnv 1111111 ■1■■■ 11111 nal 1■mull I'le■ ■■ 1I N uJ 1111011111:1111 111111111111111 IIII:a111a1111! Ilil611111SIIe1! Ii::a1!IlBPIe 1111111hII1I! I e1l11111I MIM +J911■IIlfefo ■119e111■91'I91■ 11111111111111 'M1®11■1111111 ■■1011■1I111W �■■:■11111■ ■■1■■1111111 ■■■!■11111+1 ■■11■ ■■■■111111 r s1 Y in! ��1I■ aw aim M■ 14111 1-11■ •��4■1I��+�841i Won4Somutilb IllFxig w �:• 4suo �14,,V -- rw, ,s s0,..4 a arr itkirat dip II*14 Zit °ftk "<451 minaus ig WWI I II 1 C N . i to c to ill O N ReMy61H Av.iiegwN 1 WRIT PMIi1777 A g6noJogsud U 0 sr 1114441110 ®0 s11 ►r 44,14, N 40 *la tisvoirto A4" N1; Sei AN ea s vel u■ N1INE N131111571:111131 I sI7s1■■■■e ® --:.oa®■111��iili �� mill 1� 1. =NM ®a ii M■ a® 3© vsf, 1:1 1111111■11 II mA11111111■111 ■ r 111.4111§111111 r. ;1111111■'- ruul'i1I111I11Is 111■ea 1� ID 11 4 LS co co 4r I 41 4 • 11 40, IN o • 4 4k Or 41 • v II u. 14 411 tog II, , $00 i li 1: 44 : dill 07 4 OAIF n ��I�Illlllllllll<t���� ��uumuwuuD %% �•�IIII iii 111111',= �i Mu.. r. 4Gd1�liiisl NMI MM MM MM -- MO-- WEN -- 1II 1 ..111111...... ■11111■11111 1111111 11W11 ■■11111 ■111111 111. 11111 11111 ■■■t 11111 1111■ 111111111111111. 1u11111111111■ 111111111111111 111111111111111 I111111.Iuuu.i 111111111111.. 11111111.....■ 11111111111..■ ■...■....... .............. 111111.1111■1 :IQ ovigoKIM ►-' 1 (U 0 U u) 0 LL H 0) c U) .X W9 ce I� R t N • �►' iii''i' 4 4/7 i 4al al* 111 t 0 ! �jhr ►tiv, 044 r 1/ 'tiolom '1111111' ..1111111.... x..1...1■ - :1.1/ 0"1111111 .1..l. ID 0 mThlr .— 1111 1111 iui 1111111 _111111: ■= := p Mmrnm ant, puowweH Jr 7 11111111'I 111111111111111 �4/1111111111111►►��� �QllllllllIHIIIIII �� co F L a I 1� III ;1//i\II■ / III 1`ii: MM MEE WEN WM -- WM MM MM MM . . ■1aluminum■11111■11111 1111111 1111111 MUMMUM■■11111 Ill. Ella■ ■■■. J I� .1111111111111ii 1111111111111 1111111111111 1111111111111 1111111111111 1111111..11.11 111111111111.■ 1111111..11111 1111111111.1.■ ■■11■1111■11 ■.■.111111111■ 11111111111 ffi III w 41 0 1111♦ ►...1141 41 1...........1► 4...ice,►�.�.�.41.�.�.�.�����.�.�.�► ► ►1111. ,, IUIBJ.�.i.�• �►�.�i�.i�i��.�ii��.�i��.�.��..��..►��.�•.�i�.�•..�i•.��.i•�•/►•.��.���.i.�•. ,____,....,,,,„3..,:' ___, vi i.��•..�i���•.i•.���.i��•.i•�•.i��•.•Si�•.i•��.i•�•.i��•.i��o►► �� B .��•'°�� �i'�i. ��♦ ��' or .j41► ► 41 r.4.:ss•;s•;s•;s•;ss*;ss Fr i o..n♦...• ♦.................♦ ►--.'o --- ......o ................ o.. 0....1 -1111..._�_�_�_�_�_�_�_�_�_�_�_�_�_�_�. V It %:►�i�i�i��i �i�i�i�i�i�il��i�i�i�i�i�i�i�i�i�i�i�i�i�i�i� VV •.....•►.......♦ ♦.....: 1►.......t _ 1111...'', �.........' �.....�...: • INIi I iw1*!awa AV t I5noaogsut, co a) a cu o -o c o Q X W L ' U I- p u_ Lr cc� � G � CD w W 4 9 (\i' -"C\ CC N 1 VIII 1111111111111 ID 0 n T CITY OF WATERLOO Council Communication Resolution setting a date of public hearing as November 6, 2017 to approve a Purchase and Sale Contract for city owned property located at the northwestern corner of Martin Luther King Jr Drive and Idaho Street, in the amount of $25,000.00, to The Overland Group, LLC, and instruct City Clerk to publish said notice. City Council Meeting: 10/23/2017 Prepared: 10/20/2017 REVIEWERS: Department Planning & Zoning Clerk Office Reviewer Anderson, Noel Felchle, Kelley ATTACHMENTS: Description D Purcahse and Sale Contract MLK/Idaho D Legal SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Action Approved Approved Type Cover Memo Backup Material Date 10/20/2017 - 4:14 PM 10/20/2017 - 4:37 PM Resolution setting a date of public hearing as November 6, 2017 to approve a Purchase and Sale Contract for city owned property located at the northwestern corner of Martin Luther King Jr Drive and Idaho Street, in the amount of $25,000.00, to The Overland Group, LLC, and instruct City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning & Development Director Set date of hearing The City has owned site since development of Martin Luther King Jr Drive in the 1990's. The parcel is excess right-of-way that was offrred back through 657A process back in 2007. No offers were received for the appraised value of $40,000 at that time. The parcel is 1.42 acres in size, and does not include the area right at corner where trail head for recreational trail is located. NA NA This request would help meet the following Strategies in the City of Waterloo Strategic Plan 2017-2022: 1.6 attract new retail businesses to Waterloo 3.8 to foster new investment in CURA Page 113 of 272 Alternative: Background Information: Legal Descriptions: Not sell The City has owned this land since 1990's. It was offered up for sale through 657A process, with no offers received. This agreement will work to create new jobs, new taxable value on site and to create more business in this area of the City of Waterloo. Attached in contract Page 114 of 272 PURCHASE AND SALE CONTRACT THIS PURCHASE AND SALE CONTRACT OF REAL PROPERTY (the "Agreement") made and entered into this day of 2017 by and between CITY OF WATERLOO and/or ASSIGNS, (hereinafter "Seller") and THE OVERLAND GROUP, LLC. and/or ASSIGNS, (hereinafter "Buyer"). WITNESSETH: WHEREAS, Seller is the owner of a certain tract of real property measuring approximately 265' +- of frontage on Idaho Street by 67' +- of depth frontage on MLK by 183' +- Willow Street for a total 1.42± acres, City of Waterloo, Black Hawk County, Iowa, which tract of land is more particularly shown on Exhibit "A" attached hereto and made a part hereof (the "Property"). The Property shall mean net usable acres and shall not include real property burdened by permanent rights-of-way for public roads, drainage or utilities; and WHEREAS, Buyer desires to purchase the Property upon the terms, provisions and conditions hereinafter set forth, and together with all appurtenances, improvements, easements and/or hereditaments thereunto belonging; and NOW THEREFORE, for and in consideration of the mutual covenants and agreements contained herein, Buyer and Seller hereby covenant and agree as follows: 1. PURCHASE PRICE. The total purchase price for the Property shall be TWENTY FIVE THOUSAND AND NO/100 DOLLARS ($25,000.00). The Purchase Price, less credit for monies heretofore paid to Seller by Buyer for the Inspection Period and any payments made pursuant to Section 18 herein below, shall be paid to Seller at closing as hereinafter defined (the "Closing"). 2. EARNEST MONEY. Buyer shall deposit ONE THOUSAND AND NO/100 ($1,000.00) into a non-interest bearing escrow account held by David D. Nelson, Whitfield & Eddy, P.L.C., 699 Walnut Street Suite 2000, Des Moines, Iowa 50309, (515) 558-0150, Email: Portwine@whitfieldlaw.com, within five (5) days after execution of the contract. 3. INSPECTION PERIOD. For a period of one hundred and eighty (180) days from the date of this Agreement (the "Inspection Period"), Buyer shall have the privilege of going upon the Property as needed to confirm zoning, confirm availability of all utilities (including sewer), to inspect, examine, survey, make soil and subsoil tests, percolation tests, arrange financing for the proposed development and to otherwise do what Buyer reasonably deems necessary to determine, to Buyer's sole satisfaction, whether the Property is suitable for Buyer's intended development and use. If Buyer exercises its rights under the provisions of this Section, it shall (1) keep the Property free of any liens or third -party claims resulting therefrom; (2) promptly pay when due the costs of all tests, investigations and examinations done with regard to the Property; (3) indemnify and hold Seller harmless from and against any and all liability, damages, claims, causes of action, costs or other expenses, including without limitation reasonable attorney's fees, paid, incurred or asserted against Seller any lien claims or for injuries to or death of persons or damage to property arising from or caused by Buyer's entry onto the Property or the negligence or willful misconduct of Buyer, its agents, employees and contractors in Buyer's Initials Seller's Initials Page 115`of X72 PURCHASE AND SALE CONTRACT connection with the exercise by Buyer of the rights hereunder; and (4) if Closing does not occur for any reason, fully restore the Property as nearly as practicable to its condition immediately before such exercise. This Section shall survive the termination of this Agreement or Closing and delivery of the Deed. If Buyer determines, in its sole discretion, that the Property is unsuitable for its proposed development and gives notice of this to Seller prior to the expiration of the Inspection Period, then this Agreement shall terminate and all earnest monies less $100 to Seller as independent consideration for the right to terminate shall be immediately returned to the Buyer. If Buyer terminates this contract before the end of the initial Inspection Period, Buyer shall be entitled to the immediate return of the Earnest Money without the need of Seller's release. Notwithstanding the foregoing, the Buyer may extend its Inspection Period for an additional ninety (90) days by depositing into escrow an additional FIVE THOUSAND AND NO/100 DOLLARS ($5,000.00) nonrefundable Earnest Money, for a total of SIX THOUSAND AND NO/100 DOLLARS ($6,000.00), which shall be applicable to the purchase Price but nonrefundable. 4. SURVEY. Buyer will secure at Buyer's expense a boundary survey of the Property, prepared by an engineer or land surveyor registered in the state of Iowa, selected by Buyer. This boundary survey shows all easements, rights of way, encroachments and matters of record, together with a certification as to the number of acres. 5. CONVEYANCE AND PERMITTED EXCEPTIONS. Upon payment by Buyer of all amounts due at Closing for the Property and Buyer's performance of all other obligations to be performed by Buyer at Closing, Seller shall convey title to the Property to Buyer by general warranty deed subject to any permitted exceptions. 6. TITLE EVIDENCE AND ABSTRACT. Within thirty (30) days after execution of this Contract for Purchase and Sale, Seller shall deliver to David D. Nelson, Whitfield & Eddy, P.L.C., 699 Walnut Street Suite 2000, Des Moines, Iowa 50309, (515) 558-0150, Email: Portwine@whitfieldlaw.com (the "Title Company") the original abstract of title for the Property. The abstract will be updated for closing at Purchaser's expense. If the original abstract of title cannot be located, Seller shall pay all costs of obtaining a new abstract as required for closing. Notwithstanding anything in this Agreement to contrary, the Inspection Period shall be extended day for day for the duration of the period necessary, if any, to create a new abstract. Within thirty (30) days after receipt of the Abstract, Buyer shall obtain a commitment (the "Commitment") for owner's policy of title insurance from Tara Lawrence, Title Guaranty, 2015 Grand Avenue, Des Moines, Iowa 50312, 515-725-4904, 800-432-7230, Fax: 515-725-4901, certified to a current date, and at Closing, the title policy referred to in the commitment (the "Title Policy") in the amount of the Purchase Price. If the commitment or survey shows any defects or encumbrances or any covenant, restriction, easement or right-of-way of record or any private road or utility line or facility which in Buyer's reasonable judgment will materially interfere with Buyer's proposed development of the Property, then prior to Closing, Buyer shall notify Seller of its objections to any such matter. Seller shall have a reasonable time to cure the title defects to which Buyer has objected. If Seller fails to cure the title defects, Buyer shall have the option of either (1) accept title subject to the objections raised by Buyer and such accepted objections become Permitted Exceptions Buyer's Initials Seller's Initials Page 116`of X72 PURCHASE AND SALE CONTRACT ("Permitted Exceptions") without any adjustment in the Purchase Price, or (2) rescind this Agreement, whereupon the earnest monies less $100 to Seller as independent consideration for the right to terminate shall be immediately returned to Buyer by Escrow Agent, or (3) work with Seller to satisfy unacceptable matters and postpone the closing date for the same time period as it takes to satisfy these matters. 7. DEVELOPMENT OF TRACT AND CONDITIONS PRECEDENT. Buyer's obligation to close is subject to the satisfaction, as of the Closing Date, of each of the conditions described below (any of which may be waived in whole or in part in writing by Buyer at or prior to the Closing Date). Unless specifically stated as Seller's obligation, the satisfaction of all these conditions shall be at Buyer's sole expense. Buyer shall diligently and in good faith pursue the satisfaction of these conditions and Seller shall promptly cooperate whenever required by Buyer. In the event the conditions below have not been satisfied to the Buyer's satisfaction, the Buyer shall have the right to terminate this Agreement by so notifying Seller in writing. In such event, the Escrow Agent shall return the refundable earnest money to Buyer. A. Subdivision. In the event a subdivision plat is required pursuant to applicable law in connection with the conveyance of the Property to Buyer and/or the development of the Property, Buyer shall use diligent efforts to cause the Property to be properly subdivided in compliance with applicable law prior to Closing. Without limitation, Seller shall sign subdivision plats and other normal and customary documentation as may be required to comply with applicable laws relating to the subdivision of the Entire Tract. In the event that the Seller has property lying within 500 feet of the Property conveyed hereunder is subdivided out of a larger tract still owned by the Seller the remaining Seller's Property shall be subjected to a DECLARATION OF COVENANTS AND RESTRICTIONS as described on Exhibit "B". Without limitation, Seller shall sign DECLARATION OF COVENANTS AND RESTRICTIONS on or before Closing. Buyer shall pay for subdivision costs. B. Mutual Cooperation. Buyer and Seller agree to cooperate with one another in all reasonable respects in connection with any approvals, zoning changes or variances, or similar actions or consents which may be necessary or appropriate in connection with use of the Property and to otherwise cooperate in all reasonable respects in connection with the development of the Property. As of the Closing Date the Property shall be properly zoned for commercial real estate with all necessary zoning variances, if any are required, approved for Buyer's intended development. Buyer shall pay all costs incurred by either party in connection with satisfying this condition. C. No Moratoriums. There shall be no development or building moratorium in effect with regard to the Property. In the event any such moratorium shall exist, then Buyer shall have the option of either (1) closing the transaction in accordance with the terms of this Agreement, (2) delaying closing until after the moratorium is lifted, or (3) terminating this Agreement by notice to the Seller, in which event the earnest monies shall be returned to Buyer. Buyer's Initials Seller's Initials Page 117`of X72 PURCHASE AND SALE CONTRACT D. Ingress and Egress. There shall be suitable ingress and egress to the Property, including all necessary turning movements and curb cuts for Buyer's proposed development. Buyer and Seller agree that there shall be no shared access. E. Sanitary Sewer and Water Facilities. Buyer shall have (1) determined that sanitary sewer and water facilities adequate to serve the Property are available and (2) secured all required governmental approvals for the installations and use of such sanitary sewer and water facilities. F. Governmental Approvals. Buyer shall have obtained all necessary governmental approvals from the appropriate authorities for Buyer's proposed development, including without limitation, building permits, site plan approval including parking, and storm water retention. In addition, Buyer shall have received approval of its proposed tenant of the site plan as satisfying all tenants' conditions pursuant to tenant's lease agreement with Buyer. If Buyer's have requests pending before any government body for a permit, license or other approval required to begin the construction Buyer anticipates on the Property, Buyer may, by delivering written notice prior to expiration of this Agreement, extend the closing for thirty (30) days past such time as all applicable government bodies rule on the issuance of any requested permits, not to exceed one hundred twenty (120) days in addition to all other extensions provided for herein. G. Taxes/Liens. In the event there are unpaid taxes or liens relating to the Property for any time prior to the execution of the contract, Buyer will give Seller written notice by facsimile transmission or electronic mail of such unpaid taxes or liens effecting the Property and request that Seller pay those taxes or liens. In the event Seller fails to pay the taxes or liens within three (3) calendar days of Seller's receipt, Buyer may pay those taxes or liens directly and Seller shall reimburse Buyer for such paid amounts on or before Closing out of Seller's closing proceeds. The Parties agree that Seller will only be liable for taxes or liens resulting from its use of the Property prior to Closing. For purposes of this Section 7 (G), notice to Seller's agent shall constitute sufficient notice to Seller. 8. NON -NEGOTIATION. Seller hereby covenants and agrees that it shall not during the Inspection Period or any extension thereof, nor prior to closing, lease the Property or convey, demise, or otherwise encumber the Property except as specifically provided in this Agreement. 9. REPRESENTATIONS AND WARRANTIES OF BUYER. Buyer represents and warrants to Seller that: A. Buyer is a Missouri Limited Liability Company, duly organized, validly existing, and in good standing under the laws of the State of Missouri and duly authorized to transact business in and in good standing under the laws of the state where the Property is located. B. Buyer has full capacity, right, power and authority to execute, deliver and perform this Agreement and all documents to be executed by Buyer pursuant hereto. Buyer's Initials Seller's Initials Page 118`of X72 PURCHASE AND SALE CONTRACT 10. REPRESENTATIONS AND WARRANTIES OF SELLER. Seller to the best of their knowledge represents and warrants, and covenants with, Buyer as follows: A. Seller has good and indefeasible fee simple title to the Property subject to matters of record and affecting the Property and at Closing will have and will convey to Buyer by warranty deed good and indefeasible fee simple title to the Property, free and clear of all liens, defects, encumbrances, conditions, exceptions, restrictions or other matters affecting title except Permitted Exceptions; B. Seller has full capacity, right, power and authority to execute, deliver and perform this Agreement and all documents to be executed by Seller pursuant hereto; C. Seller has not received any written notice of any current or pending litigation, tax appeals or environmental investigations against Seller or the Property and, to Seller's knowledge, there is no pending litigation, tax appeals or environmental investigations against Seller or the Property; D. Seller has not entered into any contracts, subcontracts or agreements affecting the Property which will be binding upon Buyer after the Closing; E. Seller has not received any written notice from (or delivered any notice to) any governmental authority regarding any violation of any law applicable to the Property and, to the best of Seller's knowledge, there are no such violations; F. There are no occupancy rights, leases or tenancies affecting the Property; G. No person or entity has any option, right of first refusal or other right to purchase the Property or any part thereof or interest therein; H. To Seller's knowledge, no pending or, to Seller's knowledge, threatened condemnation proceedings affecting the Property and Seller has not received any written notice that there is any pending or threatened condemnation of all or any part of the Property; I. To Seller's knowledge, no hazardous substances have been generated, stored, released, or disposed of on or about the Property in violation of any law, rule or regulation applicable to a Property which regulates or controls matters relating to the environment or public health or safety (collectively, "Environmental Laws"). Seller has not received any written notice from (nor delivered any notice to) any federal, state, county, municipal or other governmental department, agency or authority concerning any petroleum product or other hazardous substance discharge or seepage relating to the Property. For purposes of this Agreement, "hazardous substances" shall mean any substance or material that is defined or deemed to be hazardous or toxic pursuant to any Environmental Laws; and J. Seller has no knowledge of any hazardous or solid waste placed on the property that would require remediation or disposal. Should Seller receive notice or actual knowledge of any materially inaccurate information regarding any of the matters set forth in this Section 10 after the date of this Agreement and prior to Closing, Seller will immediately notify Buyer of the same in writing. If Seller is unwilling or unable to correct such inaccuracy on or before Closing of the applicable Property, Buyer may cancel this Agreement and any Earnest Money shall be returned to Buyer. The representations and warranties of Seller shall survive the Closing for a period of one (1) year. Any action based on a breach of any such representations or warranties shall be commenced within such one (1) year period or deemed waived. Buyer's Initials Seller's Initials Page 119`of X72 PURCHASE AND SALE CONTRACT 11. NOTICES. All notices will be in writing and served by postage prepaid certified mail, by next day delivery (such as Federal Express), by facsimile transmission, or by electronic mail to the addresses shown below, until notification of a change of such addresses. All such notices shall be deemed delivered on the date initiated. For Buyer: The Overland Group 194 Narrows Drive, Suite 1 Birmingham, AL 35242 Phone: 205-995-2990 Fax: 205-995-2989 For Seller: CITY OF WATERLOO 715 Mulberry Street Waterloo, Iowa 50703 Phone: 319-291-4366 Fax: 319-291-4262 adrienne millergwaterloo-ia.org 12. AGENCY DISCLOSURE. With a Copy To: The Overland Group 1598 Imperial Center, Ste. 2001 P.O. Box 885 West Plains, MO 65775 Real Estate Agent: Matt Miehe CCIM, Commercial Specialist Sulentic-Fischels Commercial Group 319-291-7005 - Direct 319-269-6222 - Mobile THE BUYERS ARE LICENSED REAL ESTATE BROKERS IN THE STATES OF MISSOURI AND ALABAMA. There is no listing company. The selling company Sulentic-Fischels Commercial Group is assisting the Buyer as a transaction broker. 13. BROKER. Each party represents and warrants to the other that Sulentic-Fischels Commercial Group is the only Broker in connection with the sale of the Property. Buyer agrees to pay Sulentic-Fischels Commercial Group in this transaction, in cash, at closing, a FLAT RATE FEE commission in the amount of $10,000.00 (TEN THOUSAND AND 00/100). Buyer and Seller each warrant and represent to the other that no real estate broker or agent other than Broker aforementioned have been used or consulted in connection with the negotiation or execution of this Agreement and each covenants and agrees that it will defend, indemnify and save the other harmless from and against any actions, real estate commissions, fees, costs and /or expenses (including reasonable attorney's fees) resulting or arising from acts of the indemnifying party and resulting in commission, fees, costs and/or expenses being actually found due to any real estate broker or agent by a court of competent jurisdiction in connection with the purchase and sale, if at all, of the Property. 14. DISCLAIMER. Seller and Buyer acknowledge that they have not relied upon advice or representations of Broker (or Broker's associated salespersons) relative to the legal or tax consequences of this contract and the sale, purchase or ownership of the Property. Seller and Buyer acknowledge that if such matters are of concern to them in the decision to sell or purchase the Property, they have sought and obtained independent advice relative thereto. Buyer's Initials Seller's Initials Page 120`0f X72 PURCHASE AND SALE CONTRACT 15. DEFAULT. In the event Seller breaches its covenant to convey the Property to Buyer or otherwise fails to perform its obligations under this Agreement which are to be performed by Seller at or prior to Closing in accordance with its terms, Buyer shall be entitled to one of the following as Buyer's sole remedy: (a) terminate this Agreement and receive a prompt and complete return of the Earnest and any other monies heretofore paid by Buyer to Seller or for Buyers out-of-pocket expense: OR (b) obtain specific performance of this Agreement. If Buyer fails to perform as required under this Agreement, then Seller shall receive the earnest monies as liquidated damages, it being agreed between Buyer and Seller that such sum shall be liquidated damages for a default of Buyer hereunder because of the difficulty, inconvenience, and the uncertainty of ascertaining actual damages for such default. 16. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT (FIRPTA). In the Closing of this transaction, Seller and Buyer shall comply with the FIRPTA and the regulations promulgated thereunder by the IRS. 17. NON -BUSINESS DAYS. If any date herein set forth for the performance of any obligations by Seller or Buyer or for the delivery of any instrument or Notice or for the satisfaction of any condition precedent, or the expiration of any contingency period, as herein provided should be on a Saturday, Sunday or legal holiday, the compliance with such obligations or delivery or satisfaction of such condition or expiration of such contingency period, shall be extended to the next business day following such Saturday, Sunday or legal holiday. As used herein, the term "legal holiday" means any state or federal holiday for which financial institutions or post offices are generally closed in the State of Iowa for observance thereof. 18. CLOSING. In the event Buyer exercises its rights to purchase the Property, the consummation of the purchase and sale, delivery of the deed of conveyance and payment of the Purchase Price (the "Closing") shall take place at a legal office on a date and time mutually agreed to by the parties hereto, but in no event later than sixty (60) days after the end of the Inspection Period, or any extensions of Closing as outlined in Section 18. All federal, state, county and municipal ad valorem real property taxes and assessments with respect to the Property shall be prorated at closing. If the amount of such taxes and assessments is not known as of closing, then the pro -ration of such taxes and assessments shall be made upon the basis of the most recent ascertainable statements, and such pro - rations shall be adjusted when such taxes and assessments are available. Seller agrees that it shall deliver sole and exclusive possession of the Property to Buyer at Closing free and clear of all tenancies. Seller further agrees that Buyer shall have the option to set a closing date upon sixty (60) days written notice. Seller shall be able to remove any furniture, buildings, fixtures, or contents prior to closing. Any furniture, buildings, fixtures, or contents remaining on the property after closing shall be owned by the Buyer. In the event that Buyer sets a closing date in accordance with this section and Seller fails or refuses to close on the closing date as set, Buyer may, (1) either waive the default and proceed to close the transaction, or (2) terminate the contract and receive the return of all Earnest Money in which case Buyer shall also be entitled to recover all of Buyer's Initials Seller's Initials Page 121 `of X72 PURCHASE AND SALE CONTRACT Buyer's out of pocket expenses in due diligence and design of its project in an amount not to exceed fifty thousand Dollars ($50,000). The remedies contained herein shall be in addition and cumulative to those set forth in section 15 above. Notwithstanding the foregoing, Buyer may extend the closing date for two (2) additional periods of sixty (60) days each upon payment of $5,000 to the Escrow Agent at the time each such extension is requested, which deposits shall be non-refundable (subject only to Seller's ability to convey clear title), and shall be applied towards the Purchase Price at closing. Seller will pay the costs of Seller's counsel, preparation of the deed and any bill of sale, pay all costs of obtaining a new abstract if original cannot be found„ and transfer taxes for the conveyance. Buyer will pay the cost of Buyer's counsel, the cost of the survey, all loan costs required by Buyer's lender, updating original abstract, title policy, escrow fees, broker commissions and recording fees for the deed and mortgage, and any applicable mortgage tax. 19. GOVERNING LAW. This Agreement shall be construed, and the terms hereof shall be enforceable, in accordance with the internal laws (as distinguished from the conflicts of law provisions) of the state where the Property is located, and in the event any legal proceedings are brought in connection with this Agreement, the parties agree that the venue therefore shall be only state and federal courts located in the state where the Property is located, and the courts to which an appeal therefrom may be taken. 20. EXPENSES OF ENFORCEMENT. In the event of litigation between the parties with respect to the Property, this Agreement, the performance of their obligations hereunder or the effect of a termination under this Agreement, the losing party shall pay all costs and expenses incurred by the prevailing party in connection with such litigation, including reasonable attorneys' fees. 21. SEVERABILITY. In case any of the provisions of this Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, the remaining provisions shall remain in effect and the Agreement be performed in a fair and equitable manner as to any uncertainties arising from the unenforceable provisions. 22. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Signatures may be faxed or e-mailed. 23. AMENDMENTS. Neither this Agreement nor any provisions hereof may be waived, modified, amended, discharged or terminated except by an instrument in writing signed by the party against which the enforcement of such waiver, modification, amendment, discharge or termination is sought, and then only to the extent set forth in such instrument. Buyer's Initials Seller's Initials Page 122`0f X72 PURCHASE AND SALE CONTRACT 24. DESTRUCTION OR DAMAGE. Risk of loss by damage or destruction to the Property prior to the Closing shall be borne by Seller. The parties acknowledge that if there are improvements on the Property, and in the event of any damage or casualty to any such improvements on the Property, by fire or other casualty, this Agreement shall continue unaffected, and Buyer shall have no right to any insurance proceeds of Seller with respect to said damage. 25. CROPS/FARMING. In the event that the Property is farmed for crops, Seller shall have the right to plant crops on the property, maintain and harvest the crop while Property is under contract. If Buyer closes on the Property and desires to commence construction prior to harvesting the crops, Buyer shall pay Seller the sum of $2000.00 as compensation for the crop loss. Buyer may also request that Sellers forego planting any crops by written request to Seller, with Buyer paying Seller $1,000.00 as compensation for the anticipated loss of profit. Any amounts paid pursuant to this paragraph shall be in addition to the purchase price stated in paragraph 1. 26. EXPIRATION. If this Agreement is not executed by Seller and Buyer on or before 5:00 P.M., CST/CDT time Oct. 23rd., 2017, this Agreement shall be null and void and shall have no force and effect and neither Seller nor Buyer shall have any further obligations hereunder. The effective date of this Agreement shall be the date upon which the later of Seller or Buyer executes this Agreement. Buyer's Initials Seller's Initials Page 123`of X72 PURCHASE AND SALE CONTRACT 27. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between Buyer and Seller regarding the Property, and supersedes all prior discussion, negotiations and agreements between Buyer and Seller, whether oral or written. Neither Buyer, Seller, nor Broker, nor any sales agent shall be bound by any understanding, agreement, promise, or representation concerning the Property, expressed or implied, not specified herein. If any clause or provision of this Agreement, or the application thereof to any entity or circumstance, is or becomes illegal, invalid or unenforceable to any extent because of present or future laws or rules or regulation of any governmental body or entity, the intention of the parties hereto is that the remaining parts of this Agreement shall not be affected thereby and that the same shall otherwise remain enforceable to the fullest extent permitted by law. This Agreement shall be construed under Iowa law, and the parties agree that any action to enforce this Agreement shall not be affected thereby and that the same shall otherwise remain enforceable to the fullest extent permitted by law. Seller(s) CITY OF WATERLOO By: As Its: Date: Buyer: THE OVERLAND GROUP, LLC By: Sid Aultman As Its: Member Date: Buyer's Initials Seller's Initials Page 124`of X72 PURCHASE AND SALE CONTRACT RIE°43•SS'E 14424' 1401°0S'S5`I SS.00' H:16°4355'£ K.5O CTR SEC 17-19-I2 FD PNCIIE0 TOP PIPE WILLOW STAT SI6�43'55'T1 HOI°D5.5541 4!S' 16.5' EXHIBIT "A" HLSLHi EAsr Rill LIFE EMI) STREET 1/4 04,-SAt as n LOW STRGE ,+� -s61943•5S°1f 2667.&x• SOUTH LIE RE t4 SEE: I9 -B9 12 H7RTII LAE SUR SEC 19-89.12 11.04' L - 22G.4 ' CII•S12"01'1 [EAT Ent RC EX STING CLO.CTTE JOST INC RIPS IDAHO STREET NEW RAX IDAHO STRCET HTO°311.111II 164.Br- SDI.O5'6S'E MIO' W4' P1R'OPOSEO RI NLK r61 ro1LPYE CEM ERLINE Ix% JR. OR NE el hi MoD err 4.40-l7 SIA. 4S.OD MS JL DR1YE • MOO°4Yt3-w (1/4 CC FO S.C. TI Buyer's Initials Seller's Initials Page 125`at X72 PURCHASE AND SALE CONTRACT EXHIBIT "B" Prepared by and when recorded return to: DECLARATION OF COVENANTS AND RESTRICTIONS Date: , 2017 Owner: CITY OF WATERLOO When recorded return to: 1598 Imperial Center, Suite 2001, West Plains, MO 65775 Tract: Shall be described once there is a survey and legal description The Owner hereby declares that the Tract shall be held, sold, and conveyed subject to the following restrictions for the purpose of, among other things, insuring the quiet enjoyment of the Tract for the purpose that it is being developed and improved. 1. Benefited Parties/Binding Effect. The rights and obligations established in this Declaration of Restrictions (this "Declaration") shall run with the land and be for the benefit of the Tract and any portion of the Tract and shall run with the land and be binding upon the Tract and any use of the Tract. 2. Business Restrictions on Tract. Owner hereby further declares that the Tract shall not be used for or used to access any business operated as the following: Family Dollar Store, Bill's Dollar Store, Fred's, Dollar Tree, Ninety -Nine Cents Only, Deals, Big Lots, Walgreens, CVS, Rite Aid, Wal-Mart, Wal-Mart Supercenter, Wal-Mart Neighborhood Market or any Wal-Mart retail concept, as well as any establishment selling or exhibiting paraphernalia for use with illicit drugs, any establishment selling or exhibiting materials or devices which are adjudicated to be pornographic by a court of competent jurisdiction, and any adult bookstore, adult video store or adult movie theater or a funeral parlor. 3. Enforcement. Owner acknowledges that monetary damages would be an inadequate remedy for breach of this Declaration, and that any violation of this Declaration will result in immeasurable and irreparable harm to the other party, warranting an injunction. 4. Duration. The provisions of this Declaration shall run with and bind the land described herein and shall be and remain in effect perpetually to the extent permitted by law. Buyer's Initials Seller's Initials Page 126`of X72 SHEET 1 OF 1 If99-ZEZ-b1E 'UL0 ,,,MOI '0011:131tlM 'ZZZ 31IfS '133I71S al0Let3AS 109 1H031 H1093 '3190J lel 13/H3IH.99 031el9d3Hd . v ___ ________ __ BY SURVEY CONTAINING 5,914 SQUARE FEET, OR 0.12 ACRE. DESCRIPTION: PARCEL H N00°43'23"W 2656.68' - --------------------- I 0 N88°52'31"E 2640.23 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as November 6, 2017 to approve an amendment to the City of Waterloo Zoning Ordinance No. 5079 to update multiple sections regarding regulations for Recycling, Junk or Salvage Yards and other miscellaneous updates, and instruct City Clerk to publish notice. City Council Meeting: 10/23/2017 Prepared: 10/18/2017 ATTACHMENTS: Description Type D Ord Amendment - Salvage Yards Backup Material SUBJECT: Resolution setting date of public hearing as November 6, 2017 to approve an amendment to the City of Waterloo Zoning Ordinance No. 5079 to update multiple sections regarding regulations for Recycling, Junk or Salvage Yards and other miscellaneous updates, and instruct City Clerk to publish notice. Submitted by: Submitted By: Aric Schroeder, City Planner Recommended Action: Approval of the resolution setting a date of public hearing. Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Staff is proposing multiple changes to the City of Waterloo Zoning Ordinance No. 5079 regarding Recycling, Junk or Salvage Yards. The amendment would change add a definition of Impound Yards the and make changes to how Recycling, Junk and Salvage Yards are regulated, it also updates the wording and requirements in the Special Permit section. This is a summary of the major changes but does not cover all changes. A complete copy of the proposed changes, showing strike through of wording proposed to be removed and underlined for wording proposed to be added is also attached. The Planning, Programming and Zoning Commission held a hearing on October 3rd, 2017 and unanimously recommended approval of the proposed amendment. The proposed changes are based on the I -Care program that is a voluntary certification program created by the Iowa Automotive Recyclers. At the meeting the only person to speak was Sue Schauls Executive Director of the Iowa Automotive Recyclers and author of the I -CARE program who spoke in favor of the changes with some minor changes that have been incorporated in the final product. none n/a Zoning Ordinance In September, 2015 the Waterloo City Council voted to pass a moratorium on the establishment of any new Salvage Yards within the City of Waterloo pending the adoption of changes to the Zoning Ordinance that covers Page 128 of 272 Background Information: Recycling, Junk and Salvage Yards. The Planning and Zoning Department has worked for the last year on developing an ordinance that would encourage more ecologically friendly businesses and encourage the following of the Iowa Automotive Recyclers I -Care program. Both the Fire and Police Departments were notified of the proposed changes to insure that the new regulations did not conflict with any of their codes. Legal Descriptions: n/a Page 129 of 272 Amendment to the City of Waterloo Zoning Ordinance Changes and Updates to the City of Waterloo Zoning Ordinance, including: -Section 10-3-1 Update to include definition of Impound 'Yard and update Recycling, Junk or Sal- vage yards. - Section 10-27-1 (H)(8) Update the regulations for Recycling, Junk or Salvage 'Yards Ordinance No. Amending Ordinance No. 5079 Planning and Zoning Commission Hearing: City Council Approval: Page 130 of 272 CHAPTER 3 DEFINITIONS 10-3-1 DEFINITIONS. 3. Individually listed on the State In- ventory of Historic Places; 4. Individually listed on the local in- ventory of historic places. Home Occupation: A home occupation is an accessory use of a dwelling unit, conduct- ed entirely within the dwelling unit, carried on by one or more persons, all of whom re- side within the dwelling unit and where no persons living outside the home are em- ployed other than resident and domestic help. The use is clearly incidental and sec- ondary to the use of the dwelling for resi- dence purposes and does not change the character thereof or adversely affect the uses permitted in the residential district of which it is a part. There shall be no outside storage of any kind; and any indoor storage, con- struction, alterations, or electrical or mechani- cal equipment used shall not change the fire rating of the structure of the fire district in which the structure is located. The use may increase vehicular traffic flow and parking by no more than one additional vehicle at a time. It shall not cause an increase in the use of one or more utilities (water, sewer, electricity, tel- ephone, or garbage) so that the combined to- tal use of dwelling and home occupation purposes of the one or more utilities exceeds the average for residences in the neighbor- hood. When a use is a home occupation, it means that the owner, lessee, or other per- sons who have a legal right to the use of the dwelling unit also have the vested right to conduct the home occupation without secur- ing special permission to do so. However, such person shall be subject to all conditions, which are applied in this Ordinance general- ly, such as off-street parking, and to all other permits required under the City code, such as Building Permits and Business Licenses. Hotel: A building containing twenty (20) or more individual sleeping rooms or suites having each a private bathroom attached thereto for the purpose of providing over- night lodging facilities to the general public for compensation with or without meals ex - 13 cluding accommodation for employees and in which ingress and egress to and from all rooms is made through an inside office or lobby supervised by a person in charge at all hours. Where a hotel is permitted as principal use, all uses customarily and historically an accessory thereto for the comfort, accommo- dation and entertainment of the patron, in- cluding the service of alcoholic beverages shall be permitted. [Ordinance 3050, 11/1/79] Impound Lot: See Recycling, Junk or Sal- vage Yard. Junk Vehicle, Salvage Vehicle: A motor vehicle or other vehicle, or portion thereof not in running condition or not licensed for the current year as provided by law. No junk ve- hicle shall be kept, stored, or otherwise locat- ed anywhere except in an enclosed building or in an approved and licensed recycling, junk or salvage yard, except as provided in City Code Section 4-4-7. [Ordinance 5288, 06/15/15] Junk Yard: See Recycling, Junk or Salvage Yard Juvenile Center: See Group Home (Super- vised or Unsupervised) [Ordinance 4554, 6/3/02] Juvenile Detention Center: See Halfway (Rehabilitation) House [Ordinance 4554, 6/3/02] Kennel: Any building or lot on which five (5) or more dogs or five (5) or more cats six (6) months old or older are housed, bred, boarded, trained, groomed or sold. This would allow for up to 4 dogs and up to 4 cats in a residential setting. Kennel, Boarding: A place or establish- ment other than a pound or animal shelter where dogs or cats not owned by the proprie- tor are sheltered, fed and watered in return for a consideration. Lot: For the purposes of this Ordinance, a lot is a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area to provide such yards Page 131 of 272 CHAPTER 3 DEFINITIONS 10-3-1 DEFINITIONS. Porch, Unenclosed: A roofed projection which has no more than sixty (60) percent of each outside wall area enclosed by a building or siding material other than meshed screens. If said unenclosed porch extends over a re- quired front or rear setback as provided here- in then the outside wall shall be a non -solid wall utilizing a spindle or board design with openings between boards to provide that no more than sixty (60) percent of the wall area is enclosed, or a solid wall when extending not more than forty-two (42) inches above the floor of the porch. Principal Permitted Use: The main use of land or structures, as distinguished from a secondary or accessory use, or Special Permit use. Protected Uses: Protected uses include a building in which a majority of floor space is used for residential purposes; a property lo- cated within a residentially zoned district; a day care center where such day care center is a principal use; a preschool; an elementary, middle or high school (public, private or pa- rochial); a house of worship; a mission; a pub- lic library; a museum or cultural arts center or facility; a public park; a publicly owned or operated recreation center or athletic facility; a privately operated recreational use; a civ- ic/ convention center; a community residen- tial facility; a hospital; a dental, medical or mental health facility; a building or office op- erated by any governmental entity. However, this definition shall not apply if the protected use is a legal non -conforming use. Whether a given use is a protected use as defined herein shall be determined by the city planner in his reasonable discretion. Public Utility: Public or quasi -public dis- tributing or operating equipment for related services for telephone, cable television, elec- tricity, gas, sewer and water, and other essen- tial commodities or services such as transpor- tation or communication. This includes pri- vately owned structures and equipment when used to provide an essential commodi- ty or service to the public. 17 Rear Lot Line: Ordinarily that line of a lot which is opposite and farthest from the front lot line. In triangular or other odd -shaped lots the rear lot lines shall be determined by the City Planner or designee. Recreational Vehicle: [Ordinance 4125, 9/11/95] A vehicle which is: 1. Built on a single chassis; 2. 400 square feet or less when measured at the largest horizontal projection (this provision is for floodplain management purposes only); [Ordinance 5049, 6/20/11] 3. Designed to be self-propelled or permanently towable by a light duty truck; and 4. Designed primarily not for use as a permanent dwelling but as tem- porary living quarters for recrea- tional, camping, travel or seasonal use. Recycling, Junk or Salvage Yard: Any place where materials that would otherwise be considered waste, are collected, separated, or processed to be used as raw materials. Ma- terials would include, but not be limited to: scrap iron or other metals, motor vehicles not in running condition and not being actively restored to running condition, parts of vehi- cles, plastic bottles or containers, rags, paper cardboard, glass and tires. [Ordinance 3864, 6/3/92] This would also include any area where waste, discarded, or salvaged materi- als are bought, sold, exchanged, baled or packed, disassembled, kept, stored or han- dled, including house wrecking yards, used lumber yards and places or yards for storage of salvaged house wrecking and structural steel materials and equipment, but not in- cluding areas where such uses are conducted entirely within a completely enclosed build- ing, and not including the processing of used, discarded or salvaged materials as part of manufacturing operations, and not including Page 132 of 272 CHAPTER 3 DEFINITIONS 10-3-1 DEFINITIONS. contractors storage yards, and not including rubble fill deposited on property in compli- ance with 4-3B of the Code of Ordinances. For the purpose of this Ordinance, the term "actively restored to running condition" in other than a recycling, junk or salvage yard shall mean if within the last thirty (30) days the owner of the business or premises on which the vehicle is located has spent at least ten (10) hours of labor in the repairing, re- building or reconstruction of the motor vehi- cle. The burden shall be on the owner to prove that it is being actively restored which may include receipts for the purchase of parts and supplies during the last thirty (30) days which have been installed in the vehicle. This exception for motor vehicles being actively restored shall not extend to vehicles from which parts are being taken to restore another vehicle. Parts being used in the restoration of a motor vehicle must be stored in an enclosed building while restoration work is not taking place. For the purposes of this Ordinance, the term "recycling yard" shall include a "junk yard", "salvage yard", or "auto salvage yard". Impound yards to which vehicles are taken for temporary or long term storage un- til control of vehicle can be returned to the owner, or the vehicles are recycled or auc- tioned off shall be considered recycling, junk or salvage yards. Regulatory Flood: A flood which is rep- resentative of large floods known to have oc- curred generally in the area and reasonable characteristic of what can be expected to oc- cur in a particular stream. The regulatory flood has a frequency of approximately 100 years determined from an analysis of floods on a particular stream and other streams in the same general region. Regulatory Flood Protection Elevation: The elevation to which uses regulated by this Ordinance are required to be elevated or floodproofed. 18 Restaurants: 1. Drive -In Establishment: An estab- lishment which by design or phys- ical facilities or by service or pack- aging procedures, encourages or permits customers to receive or obtain a product which may be used or consumed in an automo- bile on the premises or to be enter- tained while remaining in an au- tomobile. This term does not in- clude sidewalk or patio cafes where service is provided to tables only. 2. Fast Casual Type: Where custom- ers are normally served at the same table or counter at which items are consumed but customers are served with disposable dishes and cutlery which are expected to be disposed of by the customer. 3. Fast Food Type: Where customers are normally served their food or beverages in disposable containers for consumption on the premises or within a motor vehicle. 4. Standard Type: Where customers are normally provided with an in- dividual menu and are served their food or beverages by a res- taurant employee at the same ta- ble or counter at which said items are consumed. Rooming House: A building where a room or rooms are provided for compensa- tion to three (3) or more persons. Rubble Disposal Site or Rubble Fill Site: The premises where rubble fill is placed, set down or deposited for the purpose of, or which has the result or effect of changing the existing contour or raising the elevation of said land with 25 cubic yards or more of fill. A fill site is also where the owner/ operator advertises "fill wanted" regardless of the vol- ume. Temporary above -ground storage dur- Page 133 of 272 CHAPTER 27 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS 10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS. property unless approved by the City Council by encroachment agreement. [Ordinance 4841, 10/16/06] In "C-2" and less restrictive Dis- tricts, signs, overhangs, and marquees at- tached to a building may extend over street right-of-way lines provided the erection of such signs, overhangs, and marquees are con- structed in accordance with the provisions of the building code. G. Existing Unenclosed Porch, New Deck or Unenclosed Porch. 1. An existing unenclosed porch on the front of a dwelling built prior to adop- tion of Ordinance 2479, adopted 02/03/69, may be re -modeled or re- built to an enclosure when projecting no farther than the original open porch. [Ordinance 4656, 11/10/03] [Or- dinance 4855, 2/19/07] 2. A new deck or unenclosed porch ad- dition to a dwelling may be built eight (8) feet or one fourth (1/4) the dis- tance (whichever is greater) into the required front or rear yard setback. This shall only include the required setback as stated in the Bulk Regula- tions Section of the District in which located, and shall not include the av- erage setback required by the Front Yard Section of Chapter 5, General Regulations. Existing dwellings with a front or rear yard setback that is less than the minimum required shall cal- culate one fourth (1/4) the distance of the existing setback, however this shall not prohibit the erection of an eight (8) foot deck or unenclosed porch. This will not be interpreted in any way to authorize any addition over a platted building line, easement, property line or road right-of-way line. This provision shall not allow a deck or unenclosed porch addition within a required side yard setback, except a required side yard along a street frontage on a corner lot. Said addition is defined as a non -enclosed 146 structure and, for decks in the front yard, with a non -solid side wall, if any at all, which cannot be enclosed in the future as an addition to the home. Non -solid wall shall mean a wall or fence utilizing a spindle or board de- sign with openings between boards that are at least the width of the boards. For porches in the front or rear, or decks in the rear, a solid wall may be used if it does not exceed for- ty-two (42) inches in height above the floor of the deck or porch. [Ordinance 4386, 10/18/99] [Ordinance 4656, 11/10/03] H. Special Permit Required. A Special Permit for the location of any of the following buildings or uses in any district permitted by this Ordinance must be ob- tained from the Board of Adjustment [Ordi- nance 3614, 1/9/89] after public hearing there- on: 1. Any public building or use erected or maintained by any department of the city, township, county, state or federal government, excluding parks or rec- reational trails and accessory uses and structures customarily incidental to a park or recreational trail. 2. Public and parochial schools and oth- er educational institutions having an established current curriculum similar to that ordinarily given in Waterloo public schools, and colleges, universi- ties, or institutions of higher educa- tion. 3. Hospitals, excluding animal hospitals, and clinics, excluding clinics in the "R- 4" Multiple Residence District or less restrictive district. 4. Group Homes (Unless located in a "C- 1" or less restrictive district). [Ordi- nance 4554, 6/3/02] 5. Halfway (Rehabilitation) Houses. [Or- dinance 4554, 6/3/02] Page 134 of 272 CHAPTER 27 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS 10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS. 6. Community building, institutional or community recreation center or field, commercial and private outdoor rec- reational uses such as baseball fields, swimming pools, skating facilities, golf course or country clubs, minia- ture/ goofy golf and driving ranges, Commercial Campgrounds, Hunting and Fishing Clubs, Skeet or Trap Shooting Ranges, Archery and Gun Range Facilities, Outdoor Paintball Facilities, Automobile Race Tracks, Drag Strips, Go-cart Tracks, Mini Bikes or Activity Areas for Motorcy- cles, Snowmobiles, or ATV's, Drive-in Theaters, or similar public or private open air recreational uses and facili- ties, excluding public or private parks or pedestrian recreational trails and accessory uses and structures custom- arily incidental to a park or pedestrian recreational trail. Private non- commercial areas, such as non-profit clubs, etc. shall only require Special Permit approval if organized events or activities occur more than 12 times in a calendar year. [Ordinance 5395, 04/10/17] 7. Public or private cemetery or burial ground. (Minimum thirty (30) acres) [Ordinance 5395, 04/10/17] 8. Recycling, Junk or Salvage Yards as defined in this Ordinance provided that they are within the following zon- ing classifications: "M-1" Light Indus- trial District, "M-2" Heavy Industrial District or "M -2,P" Planned Industrial District and meet the following mini- mum requirements:_ The City of Waterloo in attempt to be more sustainable and encourage more ecologically friendly businesses adopts these salvage yard regulations in part based on the Iowa Recyclers Association's I -CARE program. 147 a. The yard shall be completely sur- rounded with a fence or wall that is eight (8) feet in uniform height and color. The fence shall be of an opaque material and kept free of any openings such as broken out areas and torn holes. Chain link or heavy wire gates may be used for see through inspection pur- poses for no more than forty (40) feet along each side of the yard having street frontage and at ap- proved points of access to a public street or alley. Chain link or heavy wire fencing that is free from torn areas or openings may be placed along sides of the yard adjoining a flood control levee or other such barrier which would permanently screen the yard from public view. No storage outside of fenced area except for receiving of vehicles that must be moved in 5 business days. b. No off -premise advertising shall be on any wall or fence. The name of the yard and other services of- fered by the yard, if placed on the wall or fence, shall occupy no more than ten (10) percent of the wall or fence. c. The posts, rails or other support- ing elements of the fence shall face the inside of the yard and not be visible from outside the yard. d. Vehicle bodies stacked higher than the wall or fence shall be no higher than two (2) car bodies above the wall or fence when stacked at least fifteen (15) feet from the wall or fence. Car bodies stacked no higher than the fence need not be 15 feet from the fence. All other stacked salvage material shall not be stacked higher than the allowa- ble building height for the District. The Board of Adjustment shall Page 135 of 272 CHAPTER 27 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS 10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS. have the power to grant an excep- tion to these stacking provisions so long as said exception is in ac- cordance with the purpose and in- tent of the Zoning Ordinance. e. All work performed shall be car- ried on within the fenced area or within an enclosed building or structure approved as a part of the salvage operation. f. Contaminating fluids, such as gasoline, oil and grease, arc pro hibitcd from being discharged on to the grounAll automotive fluids must be properly removed and managed as part of the disman- tling procedure and/or prior to crushing the vehicles to ensure that no fluids are discharged into the ground. All fluids removed from the vehicles must be stored in containers that are in good con- dition. If containers are in excess of 55 gallons and stored outdoors they must have secondary con- tainment and be properly marked as to what fluids they contain and be properly stored to insure that they do not lead into the ground, sewer systems, drainage pipes, or bodies of water. f No salvage materials shall be placed in the Floodway District. Materials in the Floodway Fringe District (100 year flood district) shall be in accordance with the performance standards of that District. h. New yards established after the adoption of these provisions shall place the required solid wall or fence no closer to any street lot line than the minimum front yard required in the District in which it is located. Within this setback there shall be at least four (4) 2- 148 J• inch caliper understory trees with- in every 100 feet or part thereof that are maintained in a healthy condition. This does not pertain to expansions of existing yards within the same block and on the same street as the existing yard. All areas devoted to customer and/ or employee parking located outside of the fence or wall area must be hard surfaced and on pri- vate property in accordance with the off-street parking Section of the Zoning Ordinance. [Ordinance 3104, 10/6/80] [Ordinance 3233, 8/2/82] [Ordinance 3323, 2/6/84] [Ordinance 3614, 1/9/89] [Ordinance 3864, 6/1/92] The Iowa Department of Natural Resources must be notified of any hazardous spill that has the poten- tial to leave the property by run- off, sewers, tile lines, culverts, drains, utility lines, or some other conduit; has the potential to reach a water of the state either surface or groundwater; the substance can be detected in the air at the boundaries of the facilities; there is a potential threat to public health and safety; Maintain a Spill Prevention con- trol and Countermeasures plan per EPA regulations. k. All lead -acid and hybrid batteries are properly removed and man- aged as part of the dismantling procedure and/or prior to crush- ing the vehicles. Spent lead -acid batteries are placed either in a covered storage area on an imper- vious surface or in plastic contain- ers with lids. Spent lead -acid bat- teries are recycled through a repu- Page 136 of 272 CHAPTER 27 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS 10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS. table battery recycler. Hybrid bat- teries should be recycled. 1. Refrigerant is evacuated from each vehicle in accordance with appli- cable regulations, or contracts for refrigerant removal with a li- censed vendor. Records are main- tained for off-site refrigerant dis- posal/reclamation that includes the amount of refrigerant, the date spent, and the facility that re- ceived the refrigerant. m. Engines and transmissions to be resold are stored under a perma- nent roof on an impervious sur- face, or in an outside covered weather-proof container. Scrap core, engines and transmissions are stored under a permanent roof on an impervious surface, in an outside covered weather-proof container, or an impervious sur- face that drains to an oil -water separator. n. Vehicle hoods are routinely kept closed to reduce exposure to rain fall of engines that remain in the vehicles stored in the yard. o. Spent solvents from the parts cleaning systems are disposed of with an authorized processor. p. Waste water from parts washing is either recycled or collected for disposal in an approved manner, and shall not be discharged to the surface (ground) or any storm wa- ter collection system. q. Waste tires are stored on-site with at least 20 feet of clearance be- tween tire storage areas, the pe- rimeter of the yard and/or struc- tures. No more than 500 exposed 149 non -racked tires and no more than 1,500 tires are kept on-site at any given time. r. Fluorescent bulbs are managed as Universal Waste and properly re- cycled. s. Maintain compliance with City of Waterloo Storm Water regulatory requirements and IDNR storm wa- ter general permit for industrial classification 5015. t. Maintain Iowa DOT recycler's li- cense, Iowa DOT Used car Deal- er's license, Sales Tax Permit, and Household Hazardous Material permit (if any are required). u. Any new impound lot must obtain Special Permit approval and meet all regulations as a Recycling, Junk or Salvage Yard. Existing im- pound lots that are not currently licensed as a Recycling Yard under Section 3-10 of the Code of Ordi- nances shall obtain said license by May 1, 2018. v. Must have current licenses, be up to date on any required training and follow all applicable state and federal regulations. w. All recycling facilities within the City of Waterloo are encouraged to be certified under the Iowa Re- cyclers I -CARE program. x. Any new yard must be at least 600 feet from any protected use as de- fined herein. v. Any yard that has failed to renew their Recycling Yard license pro- vided in Section 3-10 of the Code of Ordinances within six months of the deadline will be considered Page 137 of 272 CHAPTER 27 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS 10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS. abandoned and will have to cease operations or go through the Spe- cial Permit process and meet cur- rent regulations. 9. Waste Disposal Site [Ordinance 3263, 3/7/83]. Any such request shall in- clude the submittal of a site plan. The Commission may require any specific criteria to protect the health, safety and welfare of the citizens of Waterloo and vicinity, including, but not lim- ited to the following items: Detailed site plan delineating slope, access, fencing, provisions for erosion (wind and water), leaching, landscap- ing, setbacks and other required pro- visions. Performance Bond to secure the reha- bilitation of the site in accordance with the approved plan. Statement as to what types of wastes will be contained in the site. Review by the Iowa Department of Natural Resources [Ordinance 3614 1/9/89], advising the City of the poten- tial hazards and necessary safeguards. 10. Mobile Home Parks, including facto- ry -built home parks and subdivisions if the structures are not classified as real estate. 11. Rubble Disposal Site, Rubble Fill Site, or clean fill site, except clean fill ap- proved as part of a development plan. A duplicate of the application submit- ted to the Black Hawk County Health Department shall be submitted to the Commission. The application shall contain the signature of landowner, legal description of property, a plot plan showing area to be filled with ex- isting and proposed final elevations. The application shall also include an estimate of the number of cubic yards necessary and length of time estimat- 150 ed to complete filling. [Ordinance 3590, 10/17/88] 12. Adult Businesses/ Adult Uses [Ordi- nance 3642, 5/1/89] in accordance with "Adult Businesses/ Adult Uses" of Sections 10-3-1, 10-15-1(A) (2), and 10- 27-1(N). 13. Gaming facilities, unless located with- in a Planned District where listed as a Permitted Use. [Ordinance 4735, 10/18/04] 14. One or two-family residential struc- tures when more than one (1) such structure is erected on a single lot in the "R-1" or "R-2" District. [Ordinance 4855, 2/19/07] [Ordinance 4885, 10/15/07] 15. Non -Limited Alcohol Sales Uses, when meeting the following mini- mum requirements: a. Where the business, when operat- ed in conformance with such rea- sonable conditions as may be im- posed by the Board of Adjust- ment, satisfies the following crite- ria: i. The proposed location, design, construction and operation of the particular use adequately safeguards the health, safety and general welfare of persons residing in the adjoining or surrounding residential area. ii. The business uses landscaping, walls or structures to prevent any noise, vibration or light generated by the business from having a significant det- rimental impact upon the ad- joining residential or protected uses. iii. The business will not unduly increase congestion on the streets in the adjoining resi- dential area. Page 138 of 272 CITY OF WATERLOO Council Communication Resolution setting the date of public hearing as November 6, 2017 for the request by Rebel Saffold Jr. and Rhonda S. Saffold to purchase city owned property generally located at 408 and 414 Fowler Street, with development agreement, and instruct City Clerk to publish notice. City Council Meeting: 10/23/2017 Prepared: 10/18/2017 REVIEWERS: Department Planning & Zoning Planning & Zoning Planning & Zoning Clerk Office Reviewer Schroeder, Aric Western, Chris Schroeder, Aric Higby, Nancy ATTACHMENTS: Description D Application D Action Garage Quote D 414 Fowler Legal Documents D 408 Fowler Legal Documents D Aerial Map D Development Agreement SUBJECT: Submitted by: Recommended Action: Summary Statement: Action Rejected Approved Approved Approved Type Cover Memo Cover Memo Cover Memo Cover Memo Cover Memo Cover Memo D ate 10/18/2017 - 11:27 AM 10/18/2017 - 11:55 AM 10/18/2017 - 12:00 PM 10/18/2017 - 12:29 PM Resolution setting the date of public hearing as November 6, 2017 for the request by Rebel Saffold Jr. and Rhonda S. Saffold to purchase city owned property generally located at 408 and 414 Fowler Street, with development agreement, and instruct City Clerk to publish notice. Submitted By: Noel Anderson- Community Planning and Development Director Recommend Approval The parcel formerly known as 414 Fowler Street was acquired by Quit Claim Deed, dated March 24, 2006, from Nektarios Brokalakis; Resolution # 2006-252.The property was demolished in 2009. The parcel formally known as 408 Fowler Street was acquired through Iowa Code 657A also in 2009, and both site have have been maintained by the city since. Parcel 8913-25-212-004 (414 Fowler Street) which is immediately to the west of the applicants home is 40' x 140' with a total square footage of 5,600 square feet with an assessed value of $1,050. Parcel 8913-25-212-003 (408 Fowler Street) is a irregular shaped lot with a total square footage of 4,400 and has a current assessed value of $960. Both parcels are considered lots of record as Page 139 of 272 Expenditure Required: Source of Funds: Policy Issue: Alternative: Legal Descriptions: neither parcel meet the minimum parcel square footage of 6,000 square feet or the minimum lot width of 50', as required by ordinance adopted in 1969. At the September 25, 2017 Building and Grounds Committee meeting, the committee recommended approval of the request as submitted. None N/A Sale of City owned Property / 657A Nuisance Abatement See attached Page 140 of 272 City of Waterloo Planning & Zoning Department 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 ® Offer to Vacate and Purchase City Right-of-Way U Request to Vacate Easement, Vacate Sidewalk, or Encroachment Agreement ® Sale of City-Owned Property Applicant: ]�,E 5EL c_.. Fr c..e) Address: T laccLAA-.1 ' . Phone No.: 61°/- 1444" General Description of Property to Vacated (i.e.- alley between A St. & B St., South of C St.): Legal description of area to be conveyed, vacated, or encroached: 1. A non-refundable filing fee(s) shall be made as follows (checks payable to City of Waterloo): • Right-of-way vacation — One Hundred Seventy Five Dollar ($175.00) Filing Fee • Easement or sidewalk vacation — Seventy Five Dollar ($75.00) Filing Fee • Encroachment — One Hundred Dollar ($100.00) Filling Fee • Sale of city -owned property not required to be vacated — No Fee • Any request not meeting the Sale of Property Policy — One Hundred Dollar ($100.00) Fee 2. Offer Price*[Note: If the offer price meets the Sale of Property Policy (see attached) the request will not be required to be reviewed by the Building & Grounds Committee.) • Asking price (see attached Sale of Property Policy for how calculated): • Deductions • May decrease price by 50% for area located within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs (8 yrs inside of the CURA): • Costs (surveying & misc., demolition, remove of curbs, etc): Asking price — Deductions = Value of Property: ! floc.r..4lz ERc. fd Offer Price for Entire Area: . 2 �:o+s) Note: The above information is a summary of the Sale of Property Policy (see attached). All requests to vacate anu pui...nrabc 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 Rl ?l �. Date *Not required for easement vacates sidewalk vacates or Encroachment Agreements Page 141 of 272 lau•1.11@se8eJe2uollae :new -3 LL'T'8817'LL81 ae.4-yol LL17T7EZ'6TE oolJaleM :auoyd 817905 VI `dnser euei AllaY SE9T • sJepyn9 e2eie9 up!laV "s/AeP OC u!LWM peideoos lou l! pion s! lesodoid slyl "s,(eMan!Jp 6u4s!xe JO 6up eeiq Jo 6uppeJo Jo; alq!suodsai 4°N G 1/— a3SVH0E111"/ 31VCI Ead0 IOV � :Ruedwoo aoueu!d •qoi to uo4aidwoo uodn en Iee -uo4epunO;;o uollaldwoo uodn ps % $ :sMo!lo} se JO1O i4Uoo og apew eq o4 S;uawAed "uo!4esuadwoa s,uew)IJOM pue 4!llge!I o!Ignd /W13 o; se a oloeJluoo ayl •einlonils slyl uo a6eJanoO papuaaxa pue aig,(JJeo p!M JauMo ayl "awes Jo; aiglsuodsaj eq !yM pue sang 6u!plmq Jope..quoo 0yl ys!wnl p!M JauMo ayl Wig poolsJapun s! l! *J01,05Jlu00 04 JOUMO Aq paJanllap pue paseyoind aq o} smopu!M pJepuels-uoN, 003-ze9e0, 111101 ©0v oa/1 9777 �o f ON saA se ;!WJed JauadQ Joon e6eieo Jaylo ,8Z" £ L p .L ❑ 11-16!9H 81 ! ,910 ,6 .8 d 144P1.M f%-7 )1 4/ �1,/Y( X?/ � ,J / / 1,-e/ ssel6Jaq!A Iee1S pooh El JoOp peegjano 17s4i/ eV dl p� 1',s// e _-.?Z/717o d�./rr�vsr�v 2E „OE !eals ❑ 'sued -9 - mop eo!AJeS uaaJOS/M JeP!IS „17Zx„9£ „smopu!M JaylO_ ag E 6ueyJOAO alge0 JayIO ❑ „ZLk" 6ue1.1JeAo 9A53 wnu!wnl' pooM d :Epsed wnulwnIV. d If u!/yk pooM d :slluos JeglO -4 Aar i !aa1S ❑ wnufuaniv ❑ (Auiq /1�;. fziS S .)/ (2055-‘ 76,--*,IS00 CCE ,rXe 3ZIS ,Do "G'�y� DSL 1SOO 3'S 3'S 3"S 3ZIS SC aSO 8/S In BSO Z/I. ❑ IIeM g 6ugood Jat.4O O „5 E ,. Jay* p pua ane3 POOM ❑ Paeogp.IeH [] 6u!p5 (JeeA) sal6ulyS 6u!g1eays loom 6u!gjeays I!eM [) SJal}eJ ssnJJ ❑ swum loon 9xZ ❑ tixZ sPn4S ITEM youaJl ❑ s6u400; lsoid gels Jepun II!d iuoJ; g'g->loeg S'E/ az!s gJno 940101100 #OOSE - SSawrolyl bold PJSPUO4S El mud °see :SNQIIVOI3103dS 2 VIVO OC ❑ 9Zp BSO Z/I 8SO91L 18140 yoeoidde Ala )IJOM alaJouoo eex3 elelouoo 6u4s!xa;o uo4!lowaa 06e.e6 6u4s!xa to uos towaa :NiaOM 3115 Jc1f 1.PS/ „8c J7op,8i1'c%/ ;,8 hr :sle!Jalew 6u!Moyo4 ayl 6u!leiodboau! a6eae6 a lonJlsuoO of `Jo4O8Jluoa ss pegposep Jaueu!eiay `sJappne a6e1e0 uo!loV yl!M lo8Jluoo op `iesegoind se paquosep Jaueu!eJaq 'pau6!siepun all em .OVdI.NOO aNV 1VSOd0Eld Page 142 of 272 age 1 of 1 INDEX, BLACK HAWK COUNTY, IOWA:ss FEE BOOK # 20 0 6 25302 FILED FOR RECORD, INDEXED AND DELIVERED TO THE COUNTY AUDITOR APR 27 2006 AT 1:00 P M. RECFEE 1-5.00Z AUDFEE 5.00Z PROOF w File Number: 20gSa@@0 ®c22 q: 1 COMPARED L . • SCO ...-.......,,i. • •• BLACK HAWK COUNTY RECORDER - CITY OF WATERLOO-ATTN: PLANNING & ZONING Prepared by David R. Zellhoefer, Asst. City Attorney, 715 Mulberry, Waterloo, IA, 50703, phone (319) 291-4327 TAX STATEMENT: City of Waterloo, N/A SPACE ABOVE THIS LINE FOR RECORDER QUIT CLAIM DEED For the consideration of ($1.00) One and no/100 Dollar(s) and other valuable consideration, plus costs NEKTARIOS BROKALAKIS, a single person, Does hereby convey to CITY OF WATERLOO, IOWA the following -described real estate in Black Hawk County, Iowa: __ _ The West 40 feet of Lot 2, Block 7, Lane and Fowlers Addition, Waterloo, Black Hawk County, Iowa; -locallyknow-n as 414-Fowle.r.Stre-et, Waterloo, Iowa, 50703. S AiE- _;E {U .a BLACK H',',;K CO. this a7 d:, Of ''..�yer,' 6 CeNs'tdGP0.iionl is less th0.N 4 500.00 -i'r•.t:ditor •.� „- _ Drputy This transaction exempt from Documentary Stamp and Declaration of Value per Iowa Code §428A.2(6) (2005). Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the described premises.6' -7�py9/ - Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculinPqk, ! �. feminine gender, according to the context. S"6,42(_,6 Dated:/.9e. /4/ , 2006 Imo//i /(i — _ Ne . rios Broka ak`, a single person -- STATE OF ARIZONA,X Are' 4,4- COUNTY, ss: _— On this /z( day of giro// 2006, before me, the undersigned, a Notary Public in , and for the State of Iowa, personally appeared Nektarios Brokalakis, to me known to be the identical person named in and who exledged 0 ( 1 that he executed the same as his voluntary act and deed. JOhn A. WIHon Notary Public- Arizona �. i CIPS o �i Qzu � MY ContalQllsbn Expires a Lii- Douraibst 19, 2009r' Public in and for the State of Arizona w File Number: 20gSa@@0 ®c22 q: 1 Page 1 of 2 €-l— — C n—'-; p if LA_D _fat 11111111111111111111101111111111111111111111111111111 Doc ID: 003823670002 Type: GEN Recorded: 06/30/2009 at 11:50:31 AM Fee Amt: $17.00 Page 1 of 2 Revenue Tax: $0.00 Instr$ 200800032921 Black Hawk County Iowa JUDITH A MCCARTHY RECORDER Book 1080 Pape 59269 - 59270 Fi1e2009_00025740 Ike IL- ICie, IN THE IOWA DISTRICT COURT FQR kilACRIHAWK COUNTY CITY OF WATERLOO, IOWA, 42-6005327, ) Petitioner, ) No. EQCV 108491 vs. ) ORDER VICTORIA QUINTO; ENRIQUE ANDRES, SR.; ) BLACK HAWK COUNTY, IOWA; and ) TRISTAN FRANK, ROTH IRA, LLC, ) Respondents. ) NOW on this 25' day of June, 2009, this matter comes before the Court as scheduled for hearing. Present is Attorney David R. Zellhoefer representing the Petitioner, City of Waterloo, Iowa. No other attorneys or respondents appear. The Court notes that proof of service has been made on all parties. The Petition and Original Notice were posted on the property located at 408 Fowler Street on March 16, 2009, by the Black Hawk County Sheriff. The remaining Respondents were served and proof of said service by certified mail was filed with this Court April 3, 2009. The Court finds that no one has appeared today to argue or answer on behalf of the Respondents and that the Respondents are hereby found to be in default. THE COURT MAKES THE FOLLOWING FINDINGS OF FACT: 1. That 408 Fowler Street is legally described as: That part of Lot No. 3 in Block No. 7 in Lane and Fowler's Addition to the City of Waterloo, Iowa, described as follows: Commencing at a point on the North line of Lot No. 3, in Block No. 7, 80 feet East of the Northwest corner of Lot No. 4 in Block No. 7; thence running South parallel with the West line of Lot No. 3, a distance of 100 feet; thence running East parallel with the South line of said Lot No. 3 a distance of 30 feet; thence South parallel with the East line of said Lot No. 3 to the South line of Lot No 3; thence East along the South line of said Lot No. 3 to the Southeast corner thereof; thence North to the Northeast corner of said Lot No. 3; thence West to the place of beginning. Book: 1080 Page: 59269 File Number: 2009-0002§34014W2172 • Page 2 of 2 This is a residence and not a commercial building. There are presently no utilities being provided to the property. The property is unoccupied and has been vacant for a number of years. The property does not meet the City's housing code for being fit for human habitation or occupancy. The building is presently partially boarded up, but has been exposed to the elements for an extended period of time, which has made it deteriorate substantially. There is a large presence and accumulation of debris and uncut vegetation on the property. Many windows are broken out and there are holes in the roof and eaves area. Property taxes have not been paid in a timely fashion. 2. That because of the findings of fact made above, the Court determines that the property is an abandoned building pursuant to Section 657A.10A. IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED, that the property cited above is an abandoned property pursuant to Section 657A.10A; judgment is hereby ordered in favor of the Petitioner, City of Waterloo, Iowa, and the Court hereby awards title of this property to the City of Waterloo, free and clear from any liens and encumbrances. The Clerk shall notify the Black Hawk County Auditor's Office, Assessor's Office, and Treasurer's Office, so that these offices may take note of this Order and adjust their records accordingly. Court costs shall be taxed to the Petitioner. Judge of the First Judicial District of Book: 1080 Page: 59269 File Number: 2009-00091fi74 a :222 414 Fowler Street Lot to be Sold City owned 408 Fowler Street Lot to be Sold City owned 404 Fowler Street City owned Note Base map data source is Black Hawk County. This map does not accuracy of survey, no delineated is assumed for the accuracy of the data delineated herei- either expressed or implied by Black Hawk County, the Black Hawk County Assessor, or their employees. The City of Waterloo makes no warranty, express or implied, as to the accuracy of the information shown on this map, and expressly disclaimstliifor the accuracy thereof. Users should refer too ofofficial plats, surveys, recorded deeds, etclocated at the Black Hawk County Assessor's Office for complete and accurate information. Citti of Waterloo, Iowa Page 146 Preparer Information: Christopher W. Western 715 Mulberry Street Waterloo Iowa 50703 (319) 291.4366 Name Address City Phone SPACE ABOVE THIS LINE FOR RECORDER DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of November 6, 2017 by and between Rebel Saffold Jr. and Rhonda S. Saffold, (the "Company") and the City of Waterloo, Iowa (the "City"). RECITALS A. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. B. Company is willing and able to finance and construct a garage and related improvements on vacant lots generally located at 408 and 414 Fowler Street, and legally described on Exhibit "A" attached hereto (the "Property"). AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property; Title. Subject to the terms hereof, City shall convey the Property to Company for the sum of $1.00 per lot (the "Purchase Price"). Conveyance shall be by quit claim deed, free and clear of all encumbrances arising by or through City except: (a) easements, conditions and restrictions of record which do not, in Company's opinion, interfere with Company's proposed use; (b) current and future real estate real property taxes and assessments subject to the agreements made herein; (c) general utility and right-of-way easements serving the Property; and (d) restrictions imposed by the City zoning ordinances and other applicable law. City shall have no duty to convey title to Company until Company delivers to City reasonable and satisfactory proof of financial ability to undertake and carry on the Project (defined below), which may take the form of a lending commitment letter. Company shall, at its Page 147 of 272 DEVELOPMENT AGREEMENT Page 2 own expense, prepare an updated abstract of title, or in lieu thereof Company may, at its own expense, obtain whatever form of title evidence it desires. If title is unmarketable or subject to matters not acceptable to Company, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Company, Company may terminate this Agreement. City shall provide any title documents it has in its possession, including any abstracts, to assist in title preparation. 2. Timeliness of Construction; Possibility of Reverter. The parties agree that Company's commitment to undertake the Project and to construct a garage in a timely manner constitutes a material inducement for the City to convey the Property or to cause the Property to be conveyed, to Company and that without said commitment City would not do so. Measured from the date the Property is deeded to Company, Company must obtain permits and begin construction within one (1) month and substantially complete construction of a detached garage no later than November 6, 2019. If Company has not, in good faith, begun the construction of the detached garage on the schedule stated above, then title to the Property shall revert to the City, except as provided in this Agreement; provided, however, that if construction has not begun within the state period but the development of the Project is still imminent, the City Council may, but shall not be required to, consent to an extension of time for the construction of the Improvements, and if an extension is granted but construction of the Improvements has not begun within such extended period, then the title to the Property shall revert to the City after the end of said extended period. If Company determines at any time that the Project is not economically feasible, then after giving thirty (30) days' advance written notice to City, Company may convey the Property to City by special warranty deed, and thereupon neither party shall have any further obligation under this Agreement except as expressly provided. If development has commenced within the required period or any extended period and is stopped and/or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company, the requirement that construction of the Project shall be tolled for a period of time equal to the period of such stoppage or delay, and thereafter if construction is not completed within the allowed period of extension then title to the Property shall revert to the City. 3. Reverter of Title; Indemnity. In the event of any reverter of title, Company agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the Property that is free and clear of any lien, claim, or encumbrance arising by or through Company. Company shall pay in full, so as to discharge or satisfy, all liens, claims, charges, and encumbrances on or against the Property. If Company fails to deliver such documents, including but not limited to a special warranty deed, to City within thirty (30) days of written demand by City, then City shall be authorized to execute, on Company's behalf and as its attorney-in-fact, the special warranty deed required by this Page 148 of 272 DEVELOPMENT AGREEMENT Page 3 Section, and for such limited purpose Company does hereby constitute and appoint City as its attorney-in-fact. Company further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, or injury made, suffered, or incurred as a result of or in connection with the Project, Company's failure to carry on or complete same, or any lien, claim, charge, or encumbrance on or against the Property of any type or nature whatsoever that attaches to the Property by virtue of Company's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Company shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees. Company's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 5. No Encumbrances; Limited Exception. Until completion of the Improvements, Company agrees that it shall not create, incur, or suffer to exist any lien, encumbrance, mortgage, security interest, or charge on the Property, other than such mortgage or mortgages as may be reasonably necessary to finance Company's completion of the Improvements and of which Company notifies City in advance of Company's execution of any such mortgage. Company may not mortgage the Property or any part thereof for any purpose except in connection with financing of the Improvements. 6. Water and Sewer. Company will be responsible for extending water and sewer service to any location on the Property and for payment of any associated connection fees. 7. Reserved 8. Reserved 9. Reserved 10. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 11. Representations and Warranties of Company. Company hereby represents and warrants as follows: Page 149 of 272 DEVELOPMENT AGREEMENT Page 4 A. Company is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Company is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. C. Company has full right, title, and authority to execute and perform this Agreement and to consummate all of the transactions contemplated herein, and each person who executes and delivers this Agreement and all documents to be delivered to City hereunder is and shall be authorized to do so on behalf of Company. 12. No Assignment or Conveyance. Company agrees that it will not sell, convey, assign or otherwise transfer its interest in the Property prior to completion of the Project, whether in whole or in part, to any other person or entity without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Company under this Agreement. 13. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 14. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, to Rebel Saffold Jr. and Rhonda S. Saffold, 418 Fowler Street, Waterloo, Iowa 50701, Attention: Rebel Saffold Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days Page 150 of 272 DEVELOPMENT AGREEMENT Page 5 following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this section. 15. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 16. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 17. Severability. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 18. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 19. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 20. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 21. Entire Agreement. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or Page 151 of 272 DEVELOPMENT AGREEMENT Page 6 contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 22. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA Buyer By: By: Quentin Hart, Mayor Rebel Saffold Jr. Attest: LeAnn Even, Deputy City Clerk By: Rhonda S. Saffold Page 152 of 272 DEVELOPMENT AGREEMENT Page 7 Page 153 of 272 EXHIBIT "A" Legal Descriptions of Properties Parcel- 8913-25-212-004 The west 40 feet of Lot 2, Block 7, Lane Fowlers Addition, Waterloo, Black Hawk County, Iowa. And Parcel- 8913-25-212-003 That part of Lot No. 3 in Block No. 7 in Lane and Fowler's Addition to the City of Waterloo, Iowa, described as follows: Commencing at a point on the North line of Lot No. 3, in Block No. 7, 80 feet East of the Northwest corner of Lot No. 4 in Block No. 7; thence running South parallel with the West line of Lot No. 3, a distance of 100 feet; thence running East parallel with the South line of said Lot No. 3 a distance of 30 feet; thence South parallel with the East line of said Lot No. 3 to the South line of Lot No 3; thence East along the South line of said Lot No. 3 to the Southeast corner thereof; thence North to the Northeast corner of said Lot No. 3; thence West to the place of beginning. Page 154 of 272 CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, form of contract, etc., setting the date of bid opening as November 9, 2017, and the date of public hearing as November 13, 2017, in conjunction with the Hangar No. 4 Rehabilitation Project, at the Waterloo Regional Airport, via IDOT Project No. 9 -I -180 -ALO -200, and IDOT Contract No. 19559, and instruct the City Clerk to publish said notice. City Council Meeting: 10/23/2017 Prepared: 10/19/2017 REVIEWERS: Department Airport ATTACHMENTS: Description D Financial Plan D Engineer's Estimate D Interior Lighting D North face of Hangar SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Reviewer Even, LeAnn Action Approved Type Backup Material Backup Material Backup Material Backup Material Date 10/19/2017 - 11:27 AM Resolution approving preliminary plans, specifications, form of contract, etc., setting the date of bid opening as November 9, 2017, and the date of public hearing as November 13, 2017, in conjunction with the Hangar No. 4 Rehabilitation Project, at the Waterloo Regional Airport, via IDOT Project No. 9 -I -180 -ALO -200, and IDOT Contract No. 19559, and instruct the City Clerk to publish said notice. Submitted By: Keith Kaspari, Airport DIrector That Resolution preliminarily approving the specifications, form of contract, etc. in conjunction with the above described bids be adopted. That Resolution setting the date of hearing for November 13, 2017, on the specifications, form of contract, etc., and the bid opening as November 9, 2017, at 1:00 p.m. in the City Clerk's Office in the 1st Floor Conference Room on the above described bid proposal, be adopted and City Clerk instruct to publish notice of the same. Approve the request of Staff. See attached Financial Plan for this Aircraft Storage Hangar Improvement project. This project will be funded at 100% by the use of the Iowa Dept. of Transportation - and the Office of Aviation's - Commercial Service Vertical Infrastructure (CSVI) Program. There is no City of Waterloo nor Airport Department required grant match. Page 155 of 272 Source of Funds: Policy Issue: To complete this project, will require the full allocation of funds for FY -2018 ($61,563.00), in addition of unspent C S VI funds from a previous IDOT Fiscal Year, as you can see from the attached Engineer's Estimate and Financial Plan. This project complies with the City of Waterloo's Strategic Plan, as follows: Goal No: 3, and Strategies Nos: 3.1, 3.3, 3.4, 3.5 and 3.7. Goal No: 4, and Strategies Nos: 4.1 and 4.5. Alternative: No project alternatives were selected for this project and use of funds. Background Information: This project will continue previous years work and projects, to allocate as many IDOT CSVI grant funds as possible, for the ongoing improvement of City of Waterloo owned - yet, leased buildings at the Waterloo Regional Airport. It is the goal and objective of Airport Staff, to continue the vertical infrastructure improvements to City -owned and again, leased facilities, as the grant funds remain available. This is so that as existing leases expire, the City of Waterloo and the airp o rt department can witness future increased lease -rent revenues by providing enhanced facilities for the airport tenants to operate from. This project specifically, continues similar work as performed with the FY - 2017 project, by replacing as follows: 1. Interior replacement of 1970's era florescent light fixtures in the main hangar bay to current and next generation LED light fixtures, to allow the tenant to witness improved energy improvements with electrical utility usage and monthly electrical costs; and, 2. To begin the initial and phased replacement of the windows, as originally installed on the 1970's era constructed hangar, on the north -face of the building to provide, again, a better overall seal and energy improvements by providing a better overall tighter building envelope. Page 156 of 272 Keith Kaspari From: Hughes, David (Des Moines) <David.Hughes@aecom.com> Sent: Friday, October 13, 2017 10:37 AM To: Keith Kaspari Cc: Schindel, Doug Subject: 2018 CSVI - Hangar #4 Attachments: ++2017-10-13 2018 Vertlnfra - HANGAR 4 REHAB - COMPLETE.pdf; 2018 CSVI Engineer's Estimate.pdf Keith, Attached is the project specification book that includes the specifications, drawings and photos for the lights and windows on Hangar#4. Also attached is the Engineer's estimate of probable construction cost. Funding would be 100% State as follows: 19599 Grant (2018) $ 61,563.00 AECOM (Design / CRS) $ 10,800.00 Construction (Est) $ 69,750.00 Total Project (Est) $ 80,550.00 Additional Funds Required From 17448 (2016) $ 18,987.00 Available Funds from 17448 $ 23,952.01 Remaining 17448 After Project $ 4,965.01 The project dates are based on this being on the City Council Agenda for October 23th. We have a completion date in April 2018 to allow for shop drawing approvals, ordering and delivery of materials and winter weather impacts to window installation. If you have any questions, please do not hesitate to contact us. David B. Hughes Department Manager, Des Moines D +1-515-323-7919 M +1-515-991-4449 david huohesCc�aecom.com AECOIVI 500 SW 7th Street Suite 301 1 Page 157 of 272 ENGINEER'S ESTIMATE OF PROBABLE CONSTRUCTION COST WATERLOO REGIONAL AIRPORT HANGAR NO. 4 WINDOWS AND HANGAR BAY LIGHT REPLACEMENT 10/13/2017 Total Estimate $ 69,750.00 Page 158 of 272 ITEM NO. DESCRIPTION UNIT ESTIMATED QUANTITY ESTIMATED UNIT PRICE EXTENDED TOTAL 1 MOBILIZATION LS 1 $ 5,000.00 $ 5,000.00 2 REMOVE WINDOWS EA 27 $ 250.00 $ 6,750.00 3 WINDOW REPLACEMENT (33" by 56") EA 23 $ 1,500.00 $ 34,500.00 4 WINDOW REPLACEMENT (49" by 56") EA 4 $ 1,750.00 $ 7,000.00 5 HIGH BAY LED LIGHTS EA 30 $ 550.00 $ 16,500.00 Total Estimate $ 69,750.00 Page 158 of 272 CITY OF WATERLOO Council Communication Resolution approving the request of DS Rentals for tax exemptions on the construction of a twin home valued at $150,000 for property located at 5645 Keith Lane, and located in the City Limits Urban Revitalization Area (CLURA). City Council Meeting: 10/23/2017 Prepared: 10/15/2017 REVIEWERS: Department Reviewer Action Date Planning & Zoning Schroeder, Aric Approved 10/17/2017 - 5:41 PM Clerk Office Higby, Nancy Approved 10/17/2017 - 5:57 PM ATTACHMENTS: Description Type ❑ CLURA 5645 Keith Lane Cover Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Resolution approving the request of DS Rentals for tax exemptions on the construction of a twin home valued at $150,000 for property located at 5645 Keith Lane, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning & Development Director Resolution approving the CLURA application from DS Rentals for the construction of a twin home located at 5645 Keith Lane, Waterloo, Iowa 50701, valued at $150,000, and authorize Mayor and City Clerk to execute said documents. The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. Expenditure Required: N/A Source of Funds: N/A Policy Issue: Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area housing program. Alternative: N/A Background Information: N/A Legal Descriptions: Summerland Condos South, Building 3, Unit 1 Page 161 of 272 rN' CITY LIMITS URBAN REVITALIZATION APPLIttATION 4vL FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NBIONt Il'!IWQ FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY CONCIL OF THE CITY OF WATERLOO. 9-- 13 y �% The City Limits Urban Revitalization Area (CLURA) allows property tax exemptions for newly cont o\ea family dwellings (single family homes or duplex/twin homes) that meet the following criteria: I. Be located within the CLURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning & Development Department.) 2. This application must be filed with City prior to the 18 workinc day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council. NAME: ADDRESS: PO Box 128, Cedar Falls, IA 50613 TELEPHONE: 319-768-7235 DS Rentals SIGNATURE: DATE: 5&40 6117117 A. What is the Address of the property being improved? 5645 Keith Lane, Waterloo, IA 50701 What is the Legal Description of the property? (May be available at County Recorder's Office on 2nd floor of the Courthouse) Summerland Condos South B, What was the nature of the improvement(s)? (must be single family homes or duplex/twin homes to qualify) New Construction C. City of Waterloo Building and Inspections Department Information: Permit Number: 2016-00025429 Date permit was issued: 12/22/16 D. What was the cost of the new construction? $150,000 Total permit(s) valuation: $100,000 E. Estimated or actual date of completion of this new construction? August 2017 1_ CITY OF WATERLOO RESOLUTION NO: APPROVED DENIED DATED: BLACK HAWK COUNTY ASSESSOR APPROVED DENIED DATED: Tami McFarland Black Hawk County Assessor Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. Page 162 of 272 —INIRIFFRIFFnom miminiarra Note Base map data source is Black Hawk County. This map does not represent survey, no liability Is assumed for the accuracy of the data delineated herein, either expressed or implied by Black Hawk County, the Blear Hawk county Assessor, or theu errlployees. I he Uty of Waterloo rrlakes ilo warranty, express of IrrIplled, as to the a pn as ly of the Inforrna0on shtwrl on Nis map, and expressly disclaims liability for the accuracy thereof. Users should refer to official plats, surveys, recorded deeds, etclocated at the Black Hawk County Assessor's Office for complete and accurate information. CITY OF WATERLOO Council Communication Resolution approving the request of DS Rentals for tax exemptions on the construction of a twin home valued at $150,000 for property located at 5647 Keith Lane, and located in the City Limits Urban Revitalization Area (CLURA). City Council Meeting: 10/23/2017 Prepared: 10/16/2017 REVIEWERS: Department Reviewer Action Date Planning & Zoning Schroeder, Aric Approved 10/17/2017 - 5:42 PM Clerk Office Higby, Nancy Approved 10/17/2017 - 5:56 PM ATTACHMENTS: Description Type ❑ CLURA 5647 Keith Lane Cover Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Resolution approving the request of DS Rentals for tax exemptions on the construction of a twin home valued at $150,000 for property located at 5647 Keith Lane, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning & Development Director Resolution approving the CLURA application from DS Rentals for the construction of a twin home located at 5647 Keith Lane, Waterloo, Iowa 50701, valued at $150,000, and authorize Mayor and City Clerk to execute said documents. The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. Expenditure Required: N/A Source of Funds: N/A Policy Issue: Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area housing program. Alternative: N/A Background Information: N/A Legal Descriptions: Summerland Condos South, Building 3, Unit 2 Page 164 of 272 CITY LIMITS URBAN REVITALIZATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR. CONSTRUCTIONII'd.. :{.fii, i 7 ' TWO FAMILY DWELLINGS UNDER THE PROVISIONS OF T VITY LIMITS N REVITALIZATION AREA PLAN ADOPTED BY THE CGOTIL OF THE Q' OF WATERLOO. '�47 h est acted ,one or two family 1 3 20 i7 The City Limits Urban Revitalization Area (CLURA) allows property tax exemptions for newly, dwellings (single family homes or duplex/twin homes) that meet the following criteria: I. Be located within the CLURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning & Development Department.) 2. This application must be filed with City prior to the la working day of February folloW p the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Seat 04.4 unnus3 .na paragraph 2, However, a single application may be filed upon completion of an entire project requiri@"Olin a year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council. NAME: ADDRESS: TELEPHONE: DS Rentals PO Box 128, Cedar Falls, IA 50613 319-768-7235 SIGNATURE: " tS9- e. DATE: 8/17/17 A. What is the Address of the property being improved? 5647 Keith Lane, Waterloo, IA 50701 What is the Legal Description of the property? (May be available at County Recorder's Office on 2°d floor of the Courthouse) Summerland Condos South itOt 0/1,--1.-- B. What was the nature of the improvement(s)? (must be single family homes or duplex/twin homes to qualify) New Construction C. City of Waterloo Building and Inspections Department Information: Permit Number: 2016-00025432 Date permit was issued: 12/22/16 D. What was the cost of the new construction? $150,000 Total permit(s) valuation: $100,000 E. Estimated or actual date of completion of this new construction? August 2017 CITY OF WATERLOO APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR APPROVED DENIED DATED: Tami McFarland Black Hawk County Assessor Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. Page 165 of 272 —INIRIFFRIFFnom miminiarra Note Base map data source is Black Hawk County. This map does not represent survey, no liability Is assumed for the accuracy of the data delineated herein, either expressed or implied by Black Hawk County, the Blear Hawk county Assessor, or theu errlployees. I he Uty of Waterloo rrlakes ilo warranty, express of IrrIplled, as to the a pn as ly of the Inforrna0on shtwrl on Nis map, and expressly disclaims liability for the accuracy thereof. Users should refer to official plats, surveys, recorded deeds, etclocated at the Black Hawk County Assessor's Office for complete and accurate information. CITY OF WATERLOO Council Communication Resolution approving the request of DS Rentals for tax exemptions on the construction of a twin home valued at $130,000 for property located at 5632 Keith Lane, and located in the City Limits Urban Revitalization Area (CLURA). City Council Meeting: 10/23/2017 Prepared: 10/16/2017 REVIEWERS: Department Reviewer Action Date Planning & Zoning Schroeder, Aric Rejected 10/16/2017 - 4:47 PM Planning & Zoning Hyberger, Seth Approved 10/16/2017 - 4:53 PM Planning & Zoning Schroeder, Aric Approved 10/17/2017 - 5:43 PM Clerk Office Higby, Nancy Approved 10/17/2017 - 5:55 PM ATTACHMENTS: Description Type D CLURA 5632 Keith Lane Cover Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Resolution approving the request of DS Rentals for tax exemptions on the construction of a twin home valued at $130,000 for property located at 5632 Keith Lane, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning & Development Director Resolution approving the CLURA application from DS Rentals for the construction of a twin home located at 5632 Keith Lane, Waterloo, Iowa 50701, valued at $150,000, and authorize Mayor and City Clerk to execute said documents. The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. Expenditure Required: N/A Source of Funds: N/A Policy Issue: Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area housing program. Alternative: N/A Background Information: N/A Page 167 of 272 Legal Descriptions: Summerland Condos South, Building 2, Unit 1 Page 168 of 272 CITY LIMITS URBAN REVITALIZATION APPLICAT G & ZOr/4/0 FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION 0 i amIz'0 FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL ("MEI IEI CfJF 2 WATERLOO. The City Limits Urban Revitalization Area (CLURA) allows property tax exemptions for newly constcted one or two family dwellings (single family homes or duplex/twin homes) that meet the following criteria: 1. Be located within the CLURA boundaries (a map of which can be obtained from the City of Waterlo j.V104 Planning & Development Department.) g 2. This application must be filed with City prior to the 18 working day of February following the year when the improvements are completed to comply with the timeline of the State Code of' Iowa, Section 404.4 unnumbered paragraph 2. However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council, NAME: ADDRESS: TELEPHONE: DS Rentals PO Box 128, Cedar Falls, IA 50613 319-768.7235 SIGNATURE: DATE: 8/17/17 A. What is the Address of the property being improved? 5632 Keith Lane, Waterloo, IA 50701 What is the Legal Description of the property? (May be available at County Recorder's Office on 2nd floor of the Courthouse) Summerland Condos South �C 9�1a n -+ B. What was the nature of the improvernent(s)? (must be single family homes or duplex/twin homes to qualify) New Construction C. City of Waterloo Building and Inspections Department Information: Permit Number: 2016-00025536 Date permit was issued: 12/22/16 Total permit(s) valuation: $90,000 D. What was the cost of the new construction? $130,000 E. Estimated or actual date of completion of this new construction? August 2017 CITY OF WATERLOO APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR APPROVED DENIED DATED: Tami McFarland Black Hawk County Assessor Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. Page 169 of 272 —INIRIFFRIFFnom miminiarra Note Base map data source is Black Hawk County. This map does not represent survey, no liability Is assumed for the accuracy of the data delineated herein, either expressed or implied by Black Hawk County, the Blear Hawk county Assessor, or theu errlployees. I he Uty of Waterloo rrlakes ilo warranty, express of IrrIplled, as to the a pn as ly of the Inforrna0on shtwrl on Nis map, and expressly disclaims liability for the accuracy thereof. Users should refer to official plats, surveys, recorded deeds, etclocated at the Black Hawk County Assessor's Office for complete and accurate information. CITY OF WATERLOO Council Communication Resolution approving the request of DS Rentals for tax exemptions on the construction of a twin home valued at $130,000 for property located at 5630 Keith Lane, and located in the City Limits Urban Revitalization Area (CLURA). City Council Meeting: 10/23/2017 Prepared: 10/16/2017 REVIEWERS: Department Reviewer Action Date Planning & Zoning Schroeder, Aric Rejected 10/16/2017 - 4:47 PM Planning & Zoning Hyberger, Seth Approved 10/16/2017 - 4:58 PM Planning & Zoning Schroeder, Aric Approved 10/17/2017 - 5:43 PM Clerk Office Higby, Nancy Approved 10/17/2017 - 5:54 PM ATTACHMENTS: Description Type D CLURA 5630 Keith Lane Cover Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Resolution approving the request of DS Rentals for tax exemptions on the construction of a twin home valued at $130,000 for property located at 5630 Keith Lane, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning & Development Director Resolution approving the CLURA application from DS Rentals for the construction of a twin home located at 5630 Keith Lane, Waterloo, Iowa 50701, valued at $130,000, and authorize Mayor and City Clerk to execute said documents. The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. Expenditure Required: N/A Source of Funds: N/A Policy Issue: Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area housing program. Alternative: N/A Background Information: N/A Page 171 of 272 Legal Descriptions: Summerland Condos South, Building 2, Unit 2 Page 172 of 272 CITY LIMITS URBAN REVITALIZATION APPLICATI O1/0, Y z At CIL OF THeCi'N'' SEP 1 3 1017 FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION FAMILY DWELLINGS UNDER THE PROVISIONS OF THE REVITALIZATION AREA PLAN ADOPTED BY THE CITY C WATERLOO. The City Limits Urban Revitalization Area (CLURA) allows property tax exemptions for newly constructed one or two family dwellings (single family homes or duplex/twin homes) that meet the following criteria: I. Be located within the CLURA boundaries (a map of which can be obtained from the City of oo Community Planning & Development Department.) 2. This application must be filed with City prior to the 18 working day of February following the year w improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council. NAME: ADDRESS: PO Box 128, Cedar Falls, IA 50613 TELEPHONE: 319-788-7235 DS Rentals SIGNATURE: DATE: 8117/17 A. What is the Address of the property being improved? 5630 Keith Lane, Waterloo, IA 50701 What is the Legal Description of the property? (May be available at County Recorder's Office on 2nd floor of the Courthouse) Summerland Condos South c&t [7l Ii a .vi,1- B. What was the nature of the improvement(s)? (must be single family homes or duplex/twin homes to qualify) New Construction C. City of Waterloo Building and Inspections Department Information: Permit Number: 2016-00025535 Date permit was issued: 12122/16 D. What was the cost of the new construction? $130,000 Total permit(s) valuation: $90,000 E. Estimated or actual date of completion of this new construction? August 2017 CITY OF WATERLOO APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR APPROVED DENIED DATED: Tami McFarland Black Hawk County Assessor Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. Page 173 of 272 j It ' 70, ' • •11r RIF - irFFFNIFES miminiairra • (q, Note Base map data source Is Black Hawk County Thls map does not represent a suNey, no IlabIllty Is assumed for the accuracy of the data delmeated here, ,ther expressed or Implled by Black Hawk Count/, the Hconfk C.ourIty Assessor, or the, errIplytees I he (-qv ot VVdterloo rrldkes .wdrrdrIty, eApress or IrrIplle, [IS to the d,Uld, of the Irlforrrldtlorl showrl on thls map, and expressly dIsclams llabft for the accuracy thereof Users should refer to othclal plats, suNeys, recorded deeds, etc located at the Black Hawk Count/ Assessor's Office for complete and accurate InformatIon CITY OF WATERLOO Council Communication Resolution approving the request of DS Rentals for tax exemptions on the construction of a twin home valued at $150,000 for property located at 5623 Keith Lane, and located in the City Limits Urban Revitalization Area (CLURA). City Council Meeting: 10/23/2017 Prepared: 10/16/2017 REVIEWERS: Department Reviewer Action Date Planning & Zoning Schroeder, Aric Rejected 10/16/2017 - 4:48 PM Planning & Zoning Hyberger, Seth Approved 10/16/2017 - 5:00 PM Planning & Zoning Schroeder, Aric Approved 10/17/2017 - 5:44 PM Clerk Office Higby, Nancy Approved 10/17/2017 - 5:56 PM ATTACHMENTS: Description Type D CLURA 5623 Keith Lane Cover Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Resolution approving the request of DS Rentals for tax exemptions on the construction of a twin home valued at $150,000 for property located at 5623 Keith Lane, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning & Development Director Resolution approving the CLURA application from DS Rentals for the construction of a twin home located at 5623 Keith Lane, Waterloo, Iowa 50701, valued at $150,000, and authorize Mayor and City Clerk to execute said documents. The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. Expenditure Required: N/A Source of Funds: N/A Policy Issue: Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area housing program. Alternative: N/A Background Information: N/A Page 175 of 272 Legal Descriptions: Summerland Condos South, Building 1 Unit 2 Page 176 of 272 20/Witi CITY LIMITS URBAN REVITALIZATION APPLICN G„ FOR PROPERTY TAX EXEMPTION FOR CONSTRUCT' •, k+' 6F j W [E OR FAMILY DWELLINGS UNDER THE PROVISIONS OF Tlfg CIT V L lMii'S URI A REVITALIZATION AREA PLAN ADOPTED BY THE CITY COOL TilF2 e17 OF WATERLOO. The City Limits Urban Revitalization Area (CLURA) allows property tax exemptions for newlyconstructed one or two family dwellings (single family homes or duplex/twin homes) that meet the following criteria: °" ?- I. Be located within the CLURA boundaries (a map of which can be obtained from the City of + -.• E CCar►Um Planning & Development Department.) 2. This application must be filed with City prior to the 14 working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council. NAME: ADDRESS: PO Box 128, Cedar Falls, IA 50613 TELEPHONE: 319-768-7235 DS Rentals SIGNATURE: DATE: 244 Se5,4,4,g- 8/17117 A. What is the Address of the property being improved? 5623 Keith Lane, Waterloo, IA 50701 What is the Legal Description of the property? (May be available at County Recorder's Office on 2"d floor of the Courthouse) Summerland Condos South B. What was the nature of the improvement(s)? (must be single family homes or duplex/twin homes to qualify) New Construction C. City of Waterloo Building and Inspections Department Information: Permit Number: 2016-00025425 Date permit was issued: 12/22/16 D, What was the cost of the new construction? $150,000 Total permit(s) valuation: $100,000 E. Estimated or actual date of completion of this new construction? August 2017 CITY OF WATERLOO APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR APPROVED DENIED DATED: Tami McFarland Black Hawk County Assessor Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. Page 177 of 272 1 lions miminiairra Note Base map data source is Black Hawk County. This map does not represent survey, no debility Is assumed for the accuracy of the data delineated herein, either expressed or impaled by Black Hawk County, the Black Hawk County Assessor, or Neu emplwees. I he (-qv of Waterloo makes rlo wdrrarlty, express or Implied, as to the eopea ly of the Informdto shown on Nis map, and expressly disclaims liability for the accuracy thereof. Users should refer to official plats, surveys, recorded deeds, etclocated at the Black Hawk County Assessor's Office for complete and accurate Information. 100 200 wwiswr 400 Fee CITY OF WATERLOO Council Communication Resolution approving the request of DS Rentals for tax exemptions on the construction of a twin home valued at $150,000 for property located at 5621 Keith Lane, and located in the City Limits Urban Revitalization Area (CLURA). City Council Meeting: 10/23/2017 Prepared: 10/16/2017 REVIEWERS: Department Reviewer Action Date Planning & Zoning Schroeder, Aric Approved 10/17/2017 - 5:44 PM Clerk Office Higby, Nancy Approved 10/17/2017 - 5:55 PM ATTACHMENTS: Description Type ❑ CLURA 5621 Keith Lane Cover Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Resolution approving the request of DS Rentals for tax exemptions on the construction of a twin home valued at $150,000 for property located at 5621 Keith Lane, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning & Development Director Resolution approving the CLURA application from DS Rentals for the construction of a twin home located at 5621 Keith Lane, Waterloo, Iowa 50701, valued at $150,000, and authorize Mayor and City Clerk to execute said documents. The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. Expenditure Required: N/A Source of Funds: N/A Policy Issue: Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area housing program. Alternative: N/A Background Information: N/A Legal Descriptions: Summerland Condos South, Building 1, Unit 1 Page 179 of 272 CITY LIMITS URBAN REVITALIZATION APPLICATION` FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN fJ REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF �f WATERLOO. The City Limits Urban Revitalization Area (CLURA) allows property tax exemptions for newly constructed one oftlbroWitt dwellings (single family homes or duplex/twin homes) that meet the following criteria: 1. Be located within the CLURA boundaries (a map of which can be obtained from the City of Waterloo Community PIanning & Development Department.) 2. This application must be filed with City prior to the 15' working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of supervisors. Please fill out the following information for your application to be submitted to the City C until. NAME: ADDRESS: TELEPHONE: IDS Rentals Po Box 128, Cedar Falls, IA 50613 319-768-7235 A. What is the Address' of the property being improved? SIGNATURE: 5621 Keith Lane, Waterloo, IA 50701 What is the Legal Description of the property? (May be available at County Recorder's Office on 2nd floor of the Courthouse) Summerland Condos South ;1(� 1/1 I levh-4- I B. What was the nature of the improvement(s)? (must be single family homes or duplex/twin homes to qualify) New Construction C. City of Waterloo Building and Inspections Department Information: Permit Number: 2016-00025424 Date permit was issued: 12/22116 D. What was the cost of the new construction? $150,000 Total permit(s) valuation: $100,000 E. Estimated or actual date of completion of this new construction? August 2017 CITY OF WATERLOO APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR APPROVED DENIED DATED: Tami McFarland Black Hawk County Assessor Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. Page 180 of 272 1 lions miminiairra Note Base map data source is Black Hawk County. This map does not represent survey, no debility Is assumed for the accuracy of the data delineated herein, either expressed or impaled by Black Hawk County, the Black Hawk County Assessor, or Neu emplwees. I he (-qv of Waterloo makes rlo wdrrarlty, express or Implied, as to the eopea ly of the Informdto shown on Nis map, and expressly disclaims liability for the accuracy thereof. Users should refer to official plats, surveys, recorded deeds, etclocated at the Black Hawk County Assessor's Office for complete and accurate Information. 100 200 wwiswr 400 Fee CITY OF WATERLOO Council Communication Resolution approving the request of DS Rentals for tax exemptions on the construction of a twin home valued at $130,000 for property located at 2904 Cohen Lane, and located in the City Limits Urban Revitalization Area (CLURA). City Council Meeting: 10/23/2017 Prepared: 10/16/2017 REVIEWERS: Department Reviewer Action Date Planning & Zoning Schroeder, Aric Approved 10/17/2017 - 5:45 PM Clerk Office Higby, Nancy Approved 10/17/2017 - 5:54 PM ATTACHMENTS: Description Type ❑ CLURA 2904 Cohen Lane Cover Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Resolution approving the request of DS Rentals for tax exemptions on the construction of a twin home valued at $130,000 for property located at 2904 Cohen Lane, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning & Development Director Resolution approving the CLURA application from DS Rentals for the construction of a twin home located at 2904 Cohen Lane, Waterloo, Iowa 50701, valued at $130,000, and authorize Mayor and City Clerk to execute said documents. The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. Expenditure Required: N/A Source of Funds: N/A Policy Issue: Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area housing program. Alternative: N/A Background Information: N/A Legal Descriptions: Summerland Condos South, Building 5, Unit 1 Page 182 of 272 ZON/k. CITY LIMITS URBAN REVITALIZATIOFAPPLICATI0 L Mu -.714 FOR PROPERTY TAX EXEMPTION FOR CsALIST} TION. OP Nl✓ iI1 I R TWO FAMILY DWELLINGS UNDER THE PROVISIONS THE CITY LIMITS,, ' : AN REVITALIZATION AREA PLAN ADOPTED BY THOC19'YICOUl { I]_. OF THE CITY OF WATERLOO. The City Limits Urban Revitalization Area (CLURA) allows property tax exem Ins for newly constructed one or two family dwellings (single family homes or duplex/twin homes) that meet the following criferi' 1. Be located within the CLURA boundaries (a map of which can be obtained froni`thetCj't3�;( f' eerrloo Community Planning & Development Department.) 2. This application must be filed with City prior to the 1' working day of February following the year when the improvements arc completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council, NAME: ADDRESS: PO Box 128, Cedar Falls, IA 50613 TELEPHONE: 319-768-7235 DS Rentals SIGNATURE: CaL DATE: 8/17/17 A. What is the Add ess of the property being improved? 2904 Cohen Lane, Waterloo, IA 50701 What is the Legal Description of the property? (May be available at County Recorder's Office on 2nd floor of the Courthouse) Summerland Condos South :) San B. What was the nature of the improvement(s)? (must be single family homes or duplex/twin homes to qualify) New Construction C. City of Waterloo Building and Inspections Department Information: Permit Number: 2016-00025421 Date permit was issued: 12/22/16 D. What was the cost of the new construction? $130,000 Total permit(s) valuation: $90,000 E. Estimated or actual date of completion of this new construction? August 2017 CITY OF WATERLOO APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR APPROVED DENIED DATED: Tami McFarland Black Hawk County Assessor Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. Page 183 of 272 1 lions miminiairra Note Base map data source is Black Hawk County. This map does not represent survey, no debility Is assumed for the accuracy of the data delineated herein, either expressed or impaled by Black Hawk County, the Black Hawk County Assessor, or Neu emplwees. I he (-qv of Waterloo makes rlo wdrrarlty, express or Implied, as to the eopea ly of the Informdto shown on Nis map, and expressly disclaims liability for the accuracy thereof. Users should refer to official plats, surveys, recorded deeds, etclocated at the Black Hawk County Assessor's Office for complete and accurate Information. 100 200 wwiswr 400 Fee CITY OF WATERLOO Council Communication Resolution approving the request of DS Rentals for tax exemptions on the construction of a twin home valued at $130,000 for property located at 2903 Cohen Lane, and located in the City Limits Urban Revitalization Area (CLURA). City Council Meeting: 10/23/2017 Prepared: 10/16/2017 REVIEWERS: Department Reviewer Action Date Planning & Zoning Schroeder, Aric Rejected 10/16/2017 - 4:48 PM Planning & Zoning Hyberger, Seth Approved 10/16/2017 - 5:08 PM Planning & Zoning Schroeder, Aric Approved 10/17/2017 - 5:45 PM Clerk Office Higby, Nancy Approved 10/17/2017 - 5:53 PM ATTACHMENTS: Description Type D CLURA 2903 Cohen Ave. Cover Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Resolution approving the request of DS Rentals for tax exemptions on the construction of a twin home valued at $130,000 for property located at 2903 Cohen Lane, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning & Development Director Resolution approving the CLURA application from DS Rentals for the construction of a twin home located at 2903 Cohen Lane, Waterloo, Iowa 50701, valued at $130,000, and authorize Mayor and City Clerk to execute said documents. The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. Expenditure Required: N/A Source of Funds: N/A Policy Issue: Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area housing program. Alternative: N/A Background Information: N/A Page 185 of 272 Legal Descriptions: Summerland Condos South, Building 4, Unit 2 Page 186 of 272 CITY LIMITS URBAN REVITALIZATION I' , `J 4 FOR PROPERTY TAX EXEMPTION FOR CONKl . Rte„4!' OR TWO FAMILY DWELLINGS UNDER THE PROVIS 5vbF TtH CI) Y , ?? T Vii' % AN REVITALIZATION AREA PLAN ADOPTED t TH. CITY COUNCIL OF E CITY OF WATERLOO. SEP 1 3 2017 The City Limits Urban Revitalization Area (CLURA) allows property tax exemptions for newly constructed one or two family dwellings (single family homes or duplex/twin homes) that meet the following criteria: 1. Be located within the CLURA boundaries (a map of which can be obtained fro he City of Waterl*community Planning & Development Department.) d `....:, ... ,15 2. This application must be filed with City prior to the l'd working day of February fo + ; i � ” year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council. NAME: ADDRESS: PO Box 128, Cedar Falls, IA 50613 TELEPHONE: 319-768-7235 DS Rentals SIGNATURE: e 3'0166 DATE: 8/17/17 A. What is the Address of the property being improved? 2903 Cohen Lane, Waterloo, IA 50701 What is the Legal Description of the property? (May be available at County Recorder's Office on 2"d floor of the Courthouse) Summerland Condos South )kms B. What was the nature of the improvement(s)? (must be single family homes or duplex/twin homes to qualify) New Construction C. City of Waterloo Building and Inspections Department Information: Permit Number: 2016-00025538 Date permit was issued: 12/22/16 Total permit(s) valuation: $90,000 D. What was the cost of the new construction? $130,000 E. Estimated or actual date of completion of this new construction? August 2017 CITY OF WATERLOO APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR APPROVED DENIED DATED: Tami McFarland Black Hawk County Assessor Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. Page 187 of 272 1 lions miminiairra Note Base map data source is Black Hawk County. This map does not represent survey, no debility Is assumed for the accuracy of the data delineated herein, either expressed or impaled by Black Hawk County, the Black Hawk County Assessor, or Neu emplwees. I he (-qv of Waterloo makes rlo wdrrarlty, express or Implied, as to the eopea ly of the Informdto shown on Nis map, and expressly disclaims liability for the accuracy thereof. Users should refer to official plats, surveys, recorded deeds, etclocated at the Black Hawk County Assessor's Office for complete and accurate Information. 100 200 wwiswr 400 Fee CITY OF WATERLOO Council Communication Resolution approving the request of DS Rentals for tax exemptions on the construction of a twin home valued at $130,000 for property located at 2901 Cohen Lane, and located in the City Limits Urban Revitalization Area (CLURA). City Council Meeting: 10/23/2017 Prepared: 10/16/2017 REVIEWERS: Department Reviewer Action Date Planning & Zoning Schroeder, Aric Approved 10/17/2017 - 5:46 PM Clerk Office Higby, Nancy Approved 10/17/2017 - 5:53 PM ATTACHMENTS: Description Type ❑ CLURA 2901 Cohen Lane Cover Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Resolution approving the request of DS Rentals for tax exemptions on the construction of a twin home valued at $130,000 for property located at 2901 Cohen Lane, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning & Development Director Resolution approving the CLURA application from DS Rentals for the construction of a twin home located at 2901 Cohen Lane, Waterloo, Iowa 50701, valued at $130,000, and authorize Mayor and City Clerk to execute said documents. The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. Expenditure Required: N/A Source of Funds: N/A Policy Issue: Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area housing program. Alternative: N/A Background Information: N/A Legal Descriptions: Summerland Condos South, Building 4, Unit 1 Page 189 of 272 CITY LIMITS URBAN REVITALIZATION APPLICATION 10, FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION 0 of ONE OR FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CIT • LIMITS URBAN ' fa REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL T ITY WATERLOO. I /1.07, The City Limits Urban Revitalization Area (CLURA) allows property tax exemptions for new , constructed one or two family, dwellings (single family homes or duplex/twin homes) that meet the following criteria: � rv•' 1. Be located within the CLURA boundaries (a map of which can be obtained from the City WEaterloo durainity Planning & Development Department.) 2. This application must be filed with City prior to the Pt working day of February following the year when the,, improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council. NAME; ADDRESS: PO Box 128, Cedar Falfs, IA 50613 TELEPHONE: 319-768-7235 DS Rentals SIGNATURE: DATE: 8/17/17 A. What is the Address of the property being improved? 2901 Cohen Lane, Waterloo, IA 50701 What is the Legal Description of the property? (May be available at County Recorder's Office on 2nd floor of the Courthouse) Summerland Condos South63 B. What was the nature of the improvement(s)? (must be single family homes or duplex/twin homes to qualify) New Construction C. City of Waterloo Building and Inspections Department Information: Permit Number: 2016.00025537 Date permit was issued: 12/22/16 D. What was the cost of the new construction? $130,000 Total permit(s) valuation: $90,000 E. Estimated or actual date of completion of this new construction? August 2017 CITY OF WATERLOO APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR APPROVED DENIED DATED: Tami McFarland Black Hawk County Assessor Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. Page 190 of 272 —INIRIFFRIFFnom miminiarra Note Base map data source is Black Hawk County. This map does not represent survey, no liability Is assumed for the accuracy of the data delineated herein, either expressed or implied by Black Hawk County, the Blear Hawk county Assessor, or theu errlployees. I he Uty of Waterloo rrlakes ilo warranty, express of IrrIplled, as to the a pn as ly of the Inforrna0on shtwrl on Nis map, and expressly disclaims liability for the accuracy thereof. Users should refer to official plats, surveys, recorded deeds, etclocated at the Black Hawk County Assessor's Office for complete and accurate information. CITY OF WATERLOO Council Communication Resolution approving the request of DS Rentals for tax exemptions on the construction of a twin home valued at $130,000 for property located at 2902 Cohen Lane, and located in the City Limits Urban Revitalization Area (CLURA). City Council Meeting: 10/23/2017 Prepared: 10/16/2017 REVIEWERS: Department Reviewer Action Date Planning & Zoning Schroeder, Aric Approved 10/17/2017 - 5:46 PM Clerk Office Higby, Nancy Approved 10/17/2017 - 5:53 PM ATTACHMENTS: Description Type ❑ CLURA 2902 Cohen Lane Cover Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Resolution approving the request of DS Rentals for tax exemptions on the construction of a twin home valued at $130,000 for property located at 2902 Cohen Lane, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning & Development Director Resolution approving the CLURA application from DS Rentals for the construction of a twin home located at 2902 Cohen Lane, Waterloo, Iowa 50701, valued at $130,000, and authorize Mayor and City Clerk to execute said documents. The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. Expenditure Required: N/A Source of Funds: N/A Policy Issue: Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area housing program. Alternative: N/A Background Information: N/A Legal Descriptions: Summerland Condos South, Building 5, Unit 2 Page 192 of 272 CITY LIMITS URBAN RE A1 N APPIIICATION FOR PROPERTY TAX EXEM9i'ION FOR CONSTRUCTION -SOF NEW ONE OR TWO FAMILY DWELLINGS UNDER THE 8(DVI IONS: O1? THE CITY LIMITS URBAN REVITALIZATION AREA PLAN ADOPTED BV THE CITY COUNCIL OF THE CITY OF WATERLOO. 404 The City Limits Urban Revitalization Area (CLURA) allows propettax exemptions for,,newly constructed one or two family dwellings (single family homes or duplex/twin homes) that meet the fo"lluwin%5c'iteri.`` I. Be located within the CLURA boundaries (a map of which can be obtaiked-from the City of Waterloo Community Planning & Development Department.) 2. This application must be filed with City prior to the Pi working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council. NAME: ADDRESS: PO Box 128, Cedar Falls, IA 50613 TELEPHONE: 319-768-7235 DS Rentals SIGNATURE: Ca.& 562.4e, DATE: 8/17/17 A. What is the Address of the property being improved? 2902 Cohen Lane, Waterloo, IA 50701 What is the Legal Description of the property? (May be available at County Recorder's Office on 2"d floor of the Courthouse) Summerland Condos South B. What was the nature of the improvement(s)? (must be single family homes or duplex/twin homes to qualify) Now Construction C. City of Waterloo Building and Inspections Department Information: Permit Number: 2016-00025417 Date permit was issued: 12/22/16 D. What was the cost of the new construction? $130,000 Total permit(s) valuation: $90,000 E. Estimated or actual date of completion of this new construction? August 2017 CITY OF WATERLOO APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR APPROVED DENIED DATED: Tauri McFarland Black Hawk County Assessor Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. Page 193 of 272 —INIRIFFRIFFnom miminiarra Note Base map data source is Black Hawk County. This map does not represent survey, no liability Is assumed for the accuracy of the data delineated herein, either expressed or implied by Black Hawk County, the Blear Hawk county Assessor, or theu errlployees. I he Uty of Waterloo rrlakes ilo warranty, express of IrrIplled, as to the a pn as ly of the Inforrna0on shtwrl on Nis map, and expressly disclaims liability for the accuracy thereof. Users should refer to official plats, surveys, recorded deeds, etclocated at the Black Hawk County Assessor's Office for complete and accurate information. CITY OF WATERLOO Council Communication Request to certify assessment to property for work performed by the Waterloo Water Works, together with recommendation of approval by the Waterloo Water Works Board of Trustees: Address and amount to certify: 929 Grant Avenue - $1,384.89 City Council Meeting: 10/23/2017 Prepared: 10/18/2017 REVIEWERS: Department Water Works Clerk Office ATTACHMENTS: Description October 18, 2017 Board action assessment letter - 929 Grant Avenue D Reviewer Mahler, Matt Higby, Nancy Action Approved Approved SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Type Cover Memo Date 10/18/2017 - 3:29 PM 10/18/2017 - 3:52 PM Request to certify assessment to property for work performed by the Waterloo Water Works, together with recommendation of approval by the Waterloo Water Works Board of Trustees: Address and amount to certify: 929 Grant Avenue - $1,384.89 Submitted By:Matt Mahler, Waterloo Water Works General Manager Adopt a resolution approving communication from the General Manager of the Waterloo Water Works transmitting a request to certify repair amounts for work performed by the Waterloo Water Works. The Board of Trustees of the Waterloo Water Works adopted a resolution at their Board meeting, instructing the General Manager to forward the request to certify to the City Council of Waterloo, Iowa. The repairs were made to the private service lines of customers of the Waterloo Water Works. No City funds are required for this action. The Waterloo Water Works paid for the repairs to the referenced private water service lines, and then recovers the cost of the repairs through this assessment process. Waterloo Water Works operating funds, generated from water sales. Page 195 of 272 MATTHEW L. MAHLER, P.E. General Manager ATERLOO WATER WORKS 325 SYCAMORE STREET • P.O. BOX 27 319-232-6280 WATERLOO, IOWA 50704 FAX: 319-232-1962 October 18, 2017 Honorable Mayor & Council City of Waterloo City Hall 715 Mulberry Street Waterloo, IA. 50703 Dear Honorable Mayor & Council: TRUSTEES: TERRY M. KUNTZ, Chair MARY H. POTTER, Vice -Chair SCOTT WIENANDS The following is an excerpt from the Board Meeting of the Waterloo Water Works Trustees held Wednesday, October 18, 2017. RESOLUTION WHEREAS, the General Manager, Matthew L. Mahler, presented a statement of $1,384.89, which is supported by invoice from All Star Plumbing & Heating, and the Waterloo Water Works, showing the work necessary to repair the service line in regards to the following: WHEREAS, the owners were notified by the Waterloo Water Works to make the repairs to the service line at 929 Grant Avenue, which is located on Lot No. Five (5), in Block No. Seven (7) in Johnson's Addition to Waterloo, Iowa, Black Hawk County and owned by KTJ Homes, L.L.C. as contract purchaser, and Acedog Holdings, L.L.C. as deed holder. WHEREAS, the property owners did not respond to the notification from the Waterloo Water Works and did not make repairs to the service line, the Waterloo Water Works caused the service line to be repaired and the cost assessed to the property. NOW, THEREFORE BE IT RESOLVED, by the Board of Trustees of the Waterloo Water Works, that the General Manager shall certify this statement to the City Clerk and that the Clerk in turn shall give notice and an assessment made and certified as provided in Title 8 Public Utilities, Chapter 2, Section 8-2-1, in the Code of Ordinances, City of Waterloo, Iowa. Page 196 of 272 Page 2 It was moved by Kuntz, seconded by Potter, to adopt the resolution and instruct the General Manager to certify this resolution to the City Clerk. On Vote: Ayes: Kuntz, Potter. Nays: None. Absent: Wienands. Resolution adopted. After this is certified through your office, please send us a copy of the certification as follow through and reference with the customer. Respectfully, WATERLOO WATER WORKS ///7Matthew L. Mahler, P.E. General Manager MLM/cm Page 197 of 272 CITY OF WATERLOO Council Communication Motor grader rentals to support snow operations. City Council Meeting: 10/23/2017 Prepared: 10/18/2017 REVIEWERS: Department Reviewer Action Date Traffic Operations Even, LeAnn Approved 10/18/2017 - 3:51 PM ATTACHMENTS: Description Type 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 specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive and file and instruct City Clerk to read bids. Resolution awarding motor grader rental bid to Murphy Tractor of Waterloo, Iowa, for the rental of four (4) motor graders to support snow operations, in the amount of $107,200, and approving the contract and authorize the Mayor and City Clerk to execute said document. Submitted by: Submitted By: Sandie Greco, Interim Public Works Director Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Recommend Approval The need for four (4) motor graders to support snow operations from November 15, 2017 thru March 15, 2018. Estimated at $100,800.00 266-19-7200-1384 Strategy 2.2: Enlist all City departments and staff members in efforts to promote a safer community. 3.4: Identify and improvement proven cost and resource saving measures. The City has no need to purchase additional motor graders for year-round Page 198 of 272 Background Information: street maintenance. The rental of motor graders to support snow operations is more cost effective. The need for one additional motor grader versus previous years is due to the additional plowing requirements associated with the transfer of jurisdiction of University Avneue. Page 199 of 272 Rental of Four (4) Motor Graders to Support Snow Removal Operations Bid Tab October 19, 2017 Estimate: $100,800 Bidder Bid Amount Murphy Tractor Waterloo, IA $107,200 w/wings Ziegler CAT Postville, IA $130,000 w/wings Page 200 of 272 CITY OF WATERLOO Council Communication Resolution approving Cloverdale Park Lease Agreement with the Black Hawk County Board of Supervisors, and authorize the Mayor and City Clerk to execute said document. City Council Meeting: 10/23/2017 Prepared: 10/17/2017 REVIEWERS: Department Reviewer Action Date Leisure Services Huting, Paul Approved 10/17/2017 - 6:00 PM Clerk Office Even, LeAnn Approved 10/18/2017 - 3:57 PM ATTACHMENTS: Description Type ❑ Cloverdale Park Lease Backup Material ❑ Cloverdale Park Lease Backup Material SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Resolution approving Cloverdale Park Lease Agreement with the Black Hawk County Board of Supervisors, and authorize the Mayor and City Clerk to execute said document. Submitted By: Paul Huting, Leisure Services Director The Leisure Services Commission recommends approval of the 3 -year lease. The City's 3 -year lease from Black Hawk County for Cloverdale Lease has expired. Leisure Services has developed and maintained this 4 acre park since 1977. This is a popular neighborhood park. Attached is a copy of the lease document for your review. The Leisure Services Commission unanimously approved a recommendation to approve the lease at their October 10 meeting. The Black Hawk County Board of Supervisors approved the lease on October 10. $1 per year for a total of $3. Leisure Services operating budget. Approving this lease will support the Waterloo Strategic Plan, Strategy 1.7 "Seek ways to create a live, work, learn, and play environment with amenities that attract and retain population in Waterloo, and Strategy r.5 " Maintain City facilities that support quality of place". This parcel of County owned land has been developed and maintained as a City park for 40 years. The Leisure Services director requested that the Page 201 of 272 Background Information: Board of Supervisors deeding the property to the City for a permanent park site but they have declined to do so citing possible expansion needs for the adjacent County Maintenance Garage. Page 202 of 272 Please return this copy to: Board of Supervisors -ATTN: Gana Laidig 316 E 5th Street RM 253 Waterloo, IA 50703 CLOVERDALE PARK LEASE This LEASE made and entered into this 1 day of July, 2017, by and between Black Hawk County Board of Supervisors (Landlord) whose address for the purpose of this lease is 316 E. 5th Street, Waterloo, Iowa and the City of Waterloo, Iowa, to be managed by the Leisure Services Commission (Tenant) whose address for the purpose of this lease is 1101 Campbell Avenue, Waterloo, Iowa. 1. PREMISES AND TERM. Landlord, in consideration of the rent herein reserved and of the agreements and conditions herein contained on the part of Tenant to be kept and performed, leases to Tenant and Tenant rents and leases from the Landlord, according to the terms and provisions herein, the following described parcel: A four (4) acre rectangular tract having a three hundred fifty (350) feet frontage on Longfellow Street and a five hundred fifty (550) foot frontage on Midland Street, said site to be located approximately at the corner of Longfellow Street and Midland Street, City of Waterloo, Black Hawk County, Iowa, As shown on Exhibit "A" attached hereto, for a term of three (3) years, commencing July 1, 2017 through June 30, 2020, upon the condition that Tenant pay rent therefor and otherwise performs as this lease provides. 2. RENTAL. Tenant agrees to pay in advance to Landlord a rental fee of one dollar ($1.00) per year, in advance. 3. POSSESSION. Tenant shall be entitled to possession on the first day of the term of this lease, and shall yield possession to Landlord at the time and date of the close of this lease term, except as otherwise provided. 4. USE OF PREMISES. Tenant covenants and agrees that during the term of this lease it shall not sublease the premises herein, but shall permit its use by the public as a public park with emphasis on park use as a picnic area, baseball diamond and general play field area. S. QUIET ENJOYMENT. Landlord covenants that its estate in said premises is in fee simple, free and clear of all liens, clouds and encumbrances, except that said premises are security for general obligation bonds, and that the Tenant upon paying the rent herein reserved and performing all the agreements to be performed by the Tenant as provided in this Lease, shall and may peaceably have, hold and enjoy the premises for the term of this Lease free from molestation, eviction or disturbance by Landlord or any other person or legal entities whatsoever. Landlord shall have the right to use the premises as security for general obligation bonds at any time without notice, subject to this Lease. 6. CARE AND MAINTENANCE OF PREMISES. The Landlord shall have no duty to care for the premises whatsoever. Tenant shall care for and maintain the premises in a reasonably safe and serviceable condition and shall be solely responsible for construction, operation, maintenance, upkeep and all other aspects of the leased premises. Tenant acknowledges Landlord has no responsibility or liability whatsoever for such maintenance and operation. Also see Section 10 below. Page 203 of 272 7. SURRENDER OF PREMISES AT END OF TERM. Tenant agrees that it will surrender the leased premises to Landlord upon the termination of this Lease. Tenant may, at the expiration of the term of this Lease, or renewals thereof, or at a reasonable time thereafter, remove any fixtures or equipment which Tenant has installed on the leased premises. Continued possession beyond the expiration date of the term of this Lease by the Tenant coupled with receipt of the specified rental by Landlord, shall constitute a year -to year extension of this Lease. Either party, however, may terminate this Lease upon thirty (30) days' notice in writing given to the other by ordinary mail or delivered personally. 8. ASSIGNMENT OR SUBLETTING. Tenant agrees and understands that the premises shall not be assigned or sublet. 9. SPECIAL ASSESSMENT. All special assessments shall be the responsibility of the Tenant. 10. INDEMNITY AND LIABILITY INSURANCE. Except as to any negligence of the Landlord, Tenant will protect, indemnify and hold harmless Landlord from and against any and all loss, damage and expenses occasioned by, or arising out of, any accident or other occurrence causing injury and/or damage to any person or property, happening or done in, upon, or about the leased premises, or due directly or indirectly to the tenancy, use, or occupancy thereof, or any part thereof, by Tenant or any person claiming through or under Tenant. Tenant further covenants and agrees that it will, at its own expense, procure and maintain casualty and liability insurance in a responsible company or companies authorized to do business in the State of Iowa, in amounts of not less than $100,000 for any person injured and $500,000 for any one accident, with a limit of $25,000 for property damage, and protecting Landlord against such claim, damages, costs or expenses by reason of such casualty, accident or other happening on or about the leased premises during the term thereof. Tenant shall provide a Certificate of Insurance naming Black Hawk County as an additional insured. 11. PROVISIONS TO BIND AND BENEFIT SUCCESSORS AND ASSIGNS AND SUBLESSES. Each and every covenant and agreement herein contained shall extend to and be binding upon the respective successors, assigns and sublessees of the parties hereto (not withstanding restrictions herein with respect to assignment and subletting). 12. NOTICES. All notices required under this Lease shall be as follows: For Black Hawk County Board of Supervisors, Frank Magsamen, Chair, or subsequent Chair, in care of the Black Hawk County Board of Supervisors, 316 East Fifth Street, Waterloo, Iowa 50703. For the City of Waterloo, Iowa, to Paul Huting, or subsequent Director of Leisure Services Commission, 1101 Campbell Avenue, Waterloo, Iowa 50701. Page 204 of 272 CITY ACKNOWLEDGMENT CITY OF WATERLOO, IOWA By: Quentin M. Hart, Mayor ATTEST: Kelley Felchle, City Clerk State of Iowa ) ) ss Black Hawk County) On this day of , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Quentin M. Hart and Kelley Felchle, to me personally known, and who, being by me duly sworn, did say that they are the Mayor and City Clerk respectively, of the City of Waterloo, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in the Resolution under council Action No. of the City Council on the day of , 2017, and that Quentin M. Hart and Kelley Felchle acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa Page 205 of 272 COUNTY A CKNO WL ED GMENT COUNTY OF BLACK HAWK, IOWA By:0 Frank Magsamen, C air Board of Supervisors ATTEST: Grant Veeder, County Auditor State of Iowa ) ) ss Black Hawk County) On this IC\ day of ge-16-, ;701 -, before me, a Notary Public in and for the State of Iowa personally appeared Frank Magsamen and Grant Veeder, to me personally known, and who being duly sworn, did say that they are the Chairperson of the Board of Supervisors and County Auditor respectively, of the County of Black Hawk, Iowa; that the seal affixed to the foregoing instrument is the seal of Black Hawk County and the instrument was signed and sealed on behalf of the County by Authority of the Board of Supervisors, as contained in action passed by the Board of Supervisors on the 10 day of OC- ti L -- , 2017, and Frank Magsamen and Grant Veeder acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the County, by it voluntarily executed. Dana Schoenbeck -Laidig Notary Public in and for the State of Iowa < DANA LYNN SCHOENBECK o Commission Number 791142 x 11Ch My Commission Expires 'Ow r July 21, 2018 Page 206 of 272 Please return this copy to: Board of Supervisors -ATTN: Gana Laidig 316 E 5th Street RM 253 Waterloo, IA 50703 CLOVERDALE PARK LEASE This LEASE made and entered into this 1 day of July, 2017, by and between Black Hawk County Board of Supervisors (Landlord) whose address for the purpose of this lease is 316 E. 5th Street, Waterloo, Iowa and the City of Waterloo, Iowa, to be managed by the Leisure Services Commission (Tenant) whose address for the purpose of this lease is 1101 Campbell Avenue, Waterloo, Iowa. 1. PREMISES AND TERM. Landlord, in consideration of the rent herein reserved and of the agreements and conditions herein contained on the part of Tenant to be kept and performed, leases to Tenant and Tenant rents and leases from the Landlord, according to the terms and provisions herein, the following described parcel: A four (4) acre rectangular tract having a three hundred fifty (350) feet frontage on Longfellow Street and a five hundred fifty (550) foot frontage on Midland Street, said site to be located approximately at the corner of Longfellow Street and Midland Street, City of Waterloo, Black Hawk County, Iowa, As shown on Exhibit "A" attached hereto, for a term of three (3) years, commencing July 1, 2017 through June 30, 2020, upon the condition that Tenant pay rent therefor and otherwise performs as this lease provides. 2. RENTAL. Tenant agrees to pay in advance to Landlord a rental fee of one dollar ($1.00) per year, in advance. 3. POSSESSION. Tenant shall be entitled to possession on the first day of the term of this lease, and shall yield possession to Landlord at the time and date of the close of this lease term, except as otherwise provided. 4. USE OF PREMISES. Tenant covenants and agrees that during the term of this lease it shall not sublease the premises herein, but shall permit its use by the public as a public park with emphasis on park use as a picnic area, baseball diamond and general play field area. S. QUIET ENJOYMENT. Landlord covenants that its estate in said premises is in fee simple, free and clear of all liens, clouds and encumbrances, except that said premises are security for general obligation bonds, and that the Tenant upon paying the rent herein reserved and performing all the agreements to be performed by the Tenant as provided in this Lease, shall and may peaceably have, hold and enjoy the premises for the term of this Lease free from molestation, eviction or disturbance by Landlord or any other person or legal entities whatsoever. Landlord shall have the right to use the premises as security for general obligation bonds at any time without notice, subject to this Lease. 6. CARE AND MAINTENANCE OF PREMISES. The Landlord shall have no duty to care for the premises whatsoever. Tenant shall care for and maintain the premises in a reasonably safe and serviceable condition and shall be solely responsible for construction, operation, maintenance, upkeep and all other aspects of the leased premises. Tenant acknowledges Landlord has no responsibility or liability whatsoever for such maintenance and operation. Also see Section 10 below. Page 207 of 272 7. SURRENDER OF PREMISES AT END OF TERM. Tenant agrees that it will surrender the leased premises to Landlord upon the termination of this Lease. Tenant may, at the expiration of the term of this Lease, or renewals thereof, or at a reasonable time thereafter, remove any fixtures or equipment which Tenant has installed on the leased premises. Continued possession beyond the expiration date of the term of this Lease by the Tenant coupled with receipt of the specified rental by Landlord, shall constitute a year -to year extension of this Lease. Either party, however, may terminate this Lease upon thirty (30) days' notice in writing given to the other by ordinary mail or delivered personally. 8. ASSIGNMENT OR SUBLETTING. Tenant agrees and understands that the premises shall not be assigned or sublet. 9. SPECIAL ASSESSMENT. All special assessments shall be the responsibility of the Tenant. 10. INDEMNITY AND LIABILITY INSURANCE. Except as to any negligence of the Landlord, Tenant will protect, indemnify and hold harmless Landlord from and against any and all loss, damage and expenses occasioned by, or arising out of, any accident or other occurrence causing injury and/or damage to any person or property, happening or done in, upon, or about the leased premises, or due directly or indirectly to the tenancy, use, or occupancy thereof, or any part thereof, by Tenant or any person claiming through or under Tenant. Tenant further covenants and agrees that it will, at its own expense, procure and maintain casualty and liability insurance in a responsible company or companies authorized to do business in the State of Iowa, in amounts of not less than $100,000 for any person injured and $500,000 for any one accident, with a limit of $25,000 for property damage, and protecting Landlord against such claim, damages, costs or expenses by reason of such casualty, accident or other happening on or about the leased premises during the term thereof. Tenant shall provide a Certificate of Insurance naming Black Hawk County as an additional insured. 11. PROVISIONS TO BIND AND BENEFIT SUCCESSORS AND ASSIGNS AND SUBLESSES. Each and every covenant and agreement herein contained shall extend to and be binding upon the respective successors, assigns and sublessees of the parties hereto (not withstanding restrictions herein with respect to assignment and subletting). 12. NOTICES. All notices required under this Lease shall be as follows: For Black Hawk County Board of Supervisors, Frank Magsamen, Chair, or subsequent Chair, in care of the Black Hawk County Board of Supervisors, 316 East Fifth Street, Waterloo, Iowa 50703. For the City of Waterloo, Iowa, to Paul Huting, or subsequent Director of Leisure Services Commission, 1101 Campbell Avenue, Waterloo, Iowa 50701. Page 208 of 272 CITY ACKNOWLEDGMENT CITY OF WATERLOO, IOWA By: Quentin M. Hart, Mayor ATTEST: Kelley Felchle, City Clerk State of Iowa ) ) ss Black Hawk County) On this day of , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Quentin M. Hart and Kelley Felchle, to me personally known, and who, being by me duly sworn, did say that they are the Mayor and City Clerk respectively, of the City of Waterloo, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in the Resolution under council Action No. of the City Council on the day of , 2017, and that Quentin M. Hart and Kelley Felchle acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa Page 209 of 272 COUNTY A CKNO WL ED GMENT COUNTY OF BLACK HAWK, IOWA By:0 Frank Magsamen, C air Board of Supervisors ATTEST: Grant Veeder, County Auditor State of Iowa ) ) ss Black Hawk County) On this IC\ day of ge-16-, ;701 -, before me, a Notary Public in and for the State of Iowa personally appeared Frank Magsamen and Grant Veeder, to me personally known, and who being duly sworn, did say that they are the Chairperson of the Board of Supervisors and County Auditor respectively, of the County of Black Hawk, Iowa; that the seal affixed to the foregoing instrument is the seal of Black Hawk County and the instrument was signed and sealed on behalf of the County by Authority of the Board of Supervisors, as contained in action passed by the Board of Supervisors on the 10 day of OC- ti L -- , 2017, and Frank Magsamen and Grant Veeder acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the County, by it voluntarily executed. Dana Schoenbeck -Laidig Notary Public in and for the State of Iowa < DANA LYNN SCHOENBECK o Commission Number 791142 x 11Ch My Commission Expires 'Ow r July 21, 2018 Page 210 of 272 CITY OF WATERLOO Council Communication Resolution approving extension of a moratorium for a period ending December 4, 2017 on the issuance of a Special Permit or License, for the establishment of any new recycling, junk, or salvage yards. City Council Meeting: 10/23/2017 Prepared: 10/17/2017 REVIEWERS: Department Planning & Zoning Clerk Office SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Reviewer Schroeder, Aric Even, LeAnn Action Approved Approved Date 10/17/2017 - 5:57 PM 10/18/2017 - 4:00 PM Resolution approving extension of a moratorium for a period ending December 4, 2017 on the issuance of a Special Permit or License, for the establishment of any new recycling, junk, or salvage yards. Submitted By: Noel Anderson, Community Planning & Development Director approval In September of 2015 the City Council approved a moratorium for a period of 8 months on the issuance of a Special Permit of License for the establishment of any new recycling, junk or salvage yard to allow staff to review the regulations on such a use and to propose potential changes to either the Code of Ordinances and/or the Zoning Ordinance as it pertains to recycling, junk or salvage yards, including review of the Iowa Auto Recyclers program and Automotive Recyclers Association for recommended standards. In May of 2016 the moratorium was extended for 8 months, and in January of 2017 it was extended for 6 months, with an ending date set for July 31, 2017. In July of 2017 the moratorium was extended for 3 months, with an ending date set for October 31, 2017. Staff has completed review on a proposed amendment to the Zoning Ordinance, and the proposed amendment has been reviewed by and recommended for approval by the Planning, Programming and Zoning Commission. Staff is in the process of forwarding the request for final action of City Council, but based on the timeline to set a date of hearing, hold a hearing, and complete the required three readings of an Ordinance, it will not be possible for the new Ordinance to be completed ahead of the current expiration of the moratorium, so staff is requesting a short extension of the moratorium through December 4, 2017. none n/a Zoning Page 211 of 272 Alternative: Don't approve the extension. Page 212 of 272 CITY OF WATERLOO Council Communication Resolution approving the Professional Services Agreement with Strand Associates of Madison, Wisconsin, in an amount not to exceed $58,000, for engineering and construction related services for the Anaerobic Lagoon Upgrades and Biogas End Use Study, and authorize Mayor and City Clerk to execute said document. City Council Meeting: 10/23/2017 Prepared: 10/18/2017 REVIEWERS: Department Waste Management Clerk Office Reviewer Rath, Brian Even, LeAnn ATTACHMENTS: Description D Strand Agreement - Lagoon Project SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Action Approved Approved Type Backup Material Date 10/18/2017 - 11:03 AM 10/18/2017 - 4:12 PM Resolution approving the Professional Services Agreement with Strand Associates of Madison, Wisconsin, in an amount not to exceed $58,000, for engineering and construction related services for the Anaerobic Lagoon Upgrades and Biogas End Use Study, and authorize Mayor and City Clerk to execute said document. Submitted By: Steven Hoambrecker, Director, Waste Management Services To approve Resolution see attached $58,000 SRF 520-14-5320-2103 Page 213 of 272 October 11, 2017 CITY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES DEPARTMENT 3505 Easton Ave. • Waterloo, IA 50702 • (319) 291-4553 Steve Hoambrecker, Director Memo to Waterloo Mayor and City Council: RE: Engineering Contract Strand, Lagoon biogas project Project description and discussion This project will provide engineering evaluation of future options for biogas utilization from the anaerobic lagoon that primarily treats waste from Tyson. The city has had an agreement with Planergy since 2007 to treat generated biogas and resell it to Tyson's. The price of natural gas has come down resulting is a much lower economic value for the generated biogas for resale to Tyson. Within the last year it was necessary to reduce Planergy's rebate rate to the city from $0.50 to $0.10 for mmBTU of gas generated. The revised contract with Planergy was for 1 year until next April. With the existing contract, Planergy still retains the biogas rights. We have been evaluating potential future options for the generated biogas. We have taken a two step approach potentially hiring a consultant to evaluate options (this contract) and have received a proposal from Planergy to implement improvements. At a minimum, the 20 year old lagoon cover needs replace along with other lagoon improvements. The driving force for this contract is the potential for a substantial increase in generated revenue from the biogas. This contract will identify and evaluate not only Planergy's proposal but other options. One of the major payback options are to make the biogas generated "Pipeline Quality". There will be a major capital expense to accomplish this but the ROI can be short 3-5 years depending upon the arrangements that can be made for the generated biogas. To assist with this process, Strand is working with ECO Engineers from Des Moines. Between the two firms, they are currently working with other Iowa entities: Des Moines, Muscatine, Sioux City and Dubuque on similar such projects. The importance of this contract is to analyze the options available and plan accordingly. It is essential that this evaluation be undertaken in the very near future to take advantage of potential specialty programs: Renewable Identification Number (RIN) for digestion biogas and the Low Carbon Fuel Standard (LCFS) credits. The potential sizeable capital investment can be done privately (like Planergy) with a minimized city capital investment and diminished reward or payback or publically with a much greater city capital investment with a much greater reward or financial payback. The engineering evaluation will provide information that will improve decision making for future planning. Funding 520-14-5320-2103 It is proposed that we utilize the engineering sewer fund, 520-14-5320-2103, currently be set aside for SRF loan projects as this project is SRF eligible. Page 214 of 272 4FAII STRAND ASSOCIATES') Strand Associates, lno° 910 West Wingra Drive Madison, WI 53715 (P) 608-251-4843 (F 608-251-8655 October 5, 2017 City of Waterloo Wastewater Treatment Plant 3505 Easton Avenue Waterloo, IA 50703 Attention: Mr. Steven Hoambrecker, Director of Waste Management Services Re: Agreement for General Services Anaerobic Lagoon Upgrades and Biogas End Use Study This is an Agreement between the City of Waterloo, Iowa, hereinafter referred to as OWNER, and Strand Associates, Inc.', hereinafter referred to as ENGINEER, to provide engineering services (Services) for the Anaerobic Lagoon Upgrades and Biogas End Use Study. This Agreement shall be in accordance with the following elements. Scope of Services ENGINEER will provide the following Services to OWNER. 1. Attend a kickoff meeting with OWNER to discuss the following: a. Project scope, budget, and schedule. b. Future conditions for the industrial wastewater discharges. c. Potential lagoon upgrades and enhancements including mixing, heating, and redundancy improvements. d. OWNER level of interest in owning and operating the biogas management system. 2. Request and evaluate wastewater and biogas data from OWNER and third -party contractor and request potential growth scenario information from industries that may discharge to the lagoon in the future. These requests are anticipated to be made to the industries via OWNER's contacts with those industries. 3. Develop a memorandum that summarizes the past data, an opinion of projected loadings and biogas generation, as well as lagoon upgrades (mixing, heating, gas containment) and biogas alternatives, including opinions of probable capital and operational costs to address the projected needs. 4. Conduct a technical review and evaluation of the existing anaerobic lagoon in terms of its design, capacity, mixing and heating upgrades, potential of providing increased lagoon redundancy to protect the main wastewater treatment plant (WWTP), and biogas collection. These evaluations will consider constructability and will highlight the effects to the main WWTP if the lagoon were out of service for an extended length of time. S. Evaluate up to two technologies and alternatives to further condition the biogas to pipeline quality natural gas. Evaluations will include opinions of probable capital and operations and maintenance (O&M) costs, and anticipated revenues from gas sales, renewable identification numbers (RIN), and low carbon fuel standard credits. This evaluation will include the following: a. Review the feedstock makeup. b. Review the planned end use and conversion processes. RAW mirt : sjidtRAMADlvonnnems4lgreemen6s1WNWMerlon, City of(lA)SAnaerobicLagoanUpgradesBioylsStcidy201 TtAtei.467 OOZ.tloex Arizona I Illinois I Indiana I Kentucky I Ohio I Texas I Wisconsin www.strand.com Page 215 of 272 Strand Associates, in City of Waterloo Page 2 October 5, 2017 c. Conduct the Renewable Fuel Standard MN valuation including feedstock implications 'regarding D3/D5 RINs. d. Conduct the low carbon fuel standard credit valuation including the carbon intensity estimate. e. Review the capital and O&M opinions of probable cost, as well as potential revenue. 6. Summarize evaluations in a report including a description of the current opportunities and existing conditions, projections for future conditions, required upgrades, opinions of capital and O&M costs, revenue projections, and project viability from both technical and financial perspectives. Submit a draft report to the OWNER in portable document file format for review. 7. Attend a meeting with OWNER to review the draft report. Incorporate OWNER comments into report as applicable and submit three hard copies and one electronic copy of final report to OWNER. Service Elements Not Included The following services are not included in this Agreement. If such services are required, they will be provided as noted. 1. Additional Site Visits and/or Meetings: Additional OWNER -required site visits or meetings will be provided through an amendment to this Agreement or through a separate agreement with OWNER. 2. Bidding- and Construction -Related Services: Bidding- and construction -related services for the project will require a separate agreement with OWNER. 3. Drawings and Specifications: Final design services including drawings and specifications, if provided by ENGINEER, will be provided through an amendment to this Agreement or through a separate agreement with OWNER. 4. Flood Studies: Any services involved in performing flood and floodway studies, if required, will be provided through an amendment to this Agreement or through a separate agreement with OWNER. 5. Permit and Plan Review Fees: All permit and plan review fees payable to regulatory agencies shall be paid for by OWNER. 6. Preparation for and/or Appearance in Litigation on Behalf of OWNER: This type of service by ENGINEER will be provided through a separate agreement with OWNER. 7. Revising Designs, Drawings, Specifications, and Documents: Any services required after these items have been previously approved by state or federal regulatory agencies, because of a change in project scope or where such revisions are necessary to comply with changed state and federal regulations that are put in force after Services have been partially completed, will be provided through an amendment to this Agreement. 8. Services Related to Buried Wastes and Contamination: Should buried solid, liquid, or potentially hazardous wastes or subsurface or soil contamination be uncovered at the site, follow-up investigations may be required to identify the nature and extent of such wastes or subsurface soil or groundwater contamination and to determine appropriate methods for managing of such wastes or contamination and for follow-up monitoring. Investigation, design, or construction -related services related to buried solid, liquid, or potentially hazardous wastes or soil or groundwater contamination will be provided through a separate agreement with OWNER. RAW _mrasjwSRWADl➢nanncnteiA ;reemenislWi\Yaterloa, City of (JA)LlnaerobicLagoonUpg adeBiogasStudy.2017\Agr 4463.002.docx www.strand.corn Page 216 of 272 Strand Associates, lnc; City of Waterloo Page 3 October 5, 2017 Compensation OWNER shall compensate ENGINEER for Services on an hourly rate basis an estimated fee of $58,000. Only sales taxes or other taxes on Services that are in effect at the time this Agreement is executed are included in the Compensation. If the tax laws are subsequently changed by legislation during the life of this Agreement, this Agreement will be adjusted to reflect the net change. The estimated fee for the Services is based on wage scale/hourly billing rates, adjusted annually on July 1, that anticipates the Services will be completed as indicated. Should the completion time be extended, it may be cause for an adjustment in the estimated fee that reflects any wage scale adjustments made. The estimated fee will not be exceeded without prior notice to and agreement by OWNER but may be adjusted for time delays, time extensions, amendments, or changes in the Scope of Services. Any adjustments will be negotiated based on ENGINEER's increase or decrease in costs caused by delays, extensions, amendments, or changes. Schedule Services will begin upon execution of this Agreement, which is anticipated the week of October 30, 2017. Services are scheduled for completion on April 30, 2018. Standard of Care The Standard of Care for all Services performed or furnished by ENGINEER under this Agreement will be the care and skill ordinarily used by members of ENGINEER's profession practicing under similar circumstances at the same time and in the same locality. ENGINEER makes no warranties, express or implied, under this Agreement or otherwise, in connection with ENGINEER's Services. OWNER's Responsibilities 1. Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to this project including previous reports, previous drawings and specifications, and any other data relative to the scope of this project. 2. Furnish to ENGINEER, as required by ENGINEER for performance of Services as part of this Agreement, data prepared by or services of others obtained or prepared by OWNER relative to the scope of this project, such as soil borings, probings and subsurface explorations, and laboratory tests and inspections- of samples, all of which ENGINEER may rely upon in performing Services under this Agreement. 3. Provide access to the site as required for ENGINEER to perform Services under this Agreement. 4. Guarantee access to and make all provisions for ENGINEER to enter upon public and private lands as required for ENGINEER to perform Services under this Agreement. 5. • Examine all reports, sketches, estimates, special provisions, drawings, and other documents presented by ENGINEER and render, in writing, decisions pertaining thereto within a reasonable time so as not to delay the performance of ENGINEER 6. Provide all legal services as may be required for the development of this project. 7. Retain the services of a soils consultant to provide any necessary geotechnical evaluation and recommendations, if required. RAW:Hiro:siyARAMAD] Driceirrienisv\yo ments1WiWaterhx)• City of(IAMinaembitiagooitUpyndesHiogasSiudy.201TAgr144G},002,docx www.strand.com Page 217 of 272 Strand Associates, ine: City of Waterloo Page 4 October 5, 2017 Opinion of Probable Cost Any opinions of probable cost prepared by ENGINEER are supplied for general guidance of OWNER only. ENGINEER has no control over competitive bidding or market conditions and cannot guarantee the accuracy of such opinions as compared to contract bids or actual costs to OWNER, Changes 1, OWNER may make changes within the general scope of this Agreement in the Services to be performed. If such changes cause an increase or decrease in ENGINEER's cost or time required for performance of any Services under this Agreement, an equitable adjustment will be made and this Agreement will be modified in writing accordingly. 2. No services for which additional compensation will be charged by ENGINEER will be furnished without the written authorization of OWNER. The fee established herein will not be exceeded without agreement by OWNER but may be adjusted for time delays, time extensions, amendments, or changes in the Scope of Services. 3. If there is a modification of Iowa Department of Natural Resources requirements relating to the Services to be performed under this Agreement subsequent to the date of execution of this Agreement, the increased or decreased cost of performance of the Services provided for in this Agreement will be reflected in an appropriate modification of this Agreement. Extension of Services This Agreement may be extended for additional Services upon OWNER'S authorization. Extension of Services will be provided for a lump sum or an hourly rate plus expenses. Payment OWNER shall make monthly payments to ENGINEER for Services performed in the preceding month based upon monthly invoices. Nonpayment 30 days after the date of receipt of invoice may, at ENGINEER's option, result in assessment of a 1 percent per month carrying charge on the unpaid balance. Nonpayment 45 days after the date of receipt of invoice may, at ENGINEER's option, result in suspension of Services upon five calendar days' notice to OWNER. ENGINEER will have no liability to OWNER, and OWNER agrees to make no claim for any delay or damage as a result of such suspension caused by any breach of this Agreement by OWNER. Upon receipt of payment in full of all outstanding sums due from OWNER, or curing of such other breach which caused ENGINEER to suspend Services, ENGINEER will resume Services and there will be an equitable adjustment to the remaining project schedule and compensation as a result of the suspension. Data Provided by Others ENGINEER is not responsible for the quality or accuracy of data nor for the methods used in the acquisition or development of any such data where such data is provided by or through OWNER, contractor, or others to ENGINEER and where ENGINEER's Services are to be based upon such data. Such data includes, but is not limited to, soil borings, groundwater data, chemical analyses, geotechnical testing, reports, calculations, designs, drawings, specifications, record drawings, contractor's marked -up drawings, and topographical surveys. RAly:mro:sjtJdi:1\IAP1DttvmeotstAgreements1Wi aterloo, City of(tAAAnaeroicLagoontipgradesBiogasSNdy,20I 71Agr14463002docx www.stran(iCom Page 218 of 272 Strand Associates, Inc:' City of Waterloo Page 5 October 5, 2017 Termination This Agreement may be terminated with cause in whole or in part in writing by either party subject to a two-week notice and the right of the party being terminated to meet and discuss the termination before the termination takes place. ENGINEER will be paid for all completed or obligated Services up to the date of termination. Third -Party Beneficiaries Nothing contained in this Agreement creates a contractual relationship with or a cause of action in favor of a third party against either OWNER or ENGINEER. ENGINEER's Services under this Agreement are being performed solely for OWNER's benefit, and no other party or entity shall have any claim against ENGINEER because of this Agreement or the performance or nonperformance of Services hereunder. OWNER and ENGINEER agree to require a similar provision in all contracts with contractors, subcontractors, subconsultants, vendors, and other entities involved in this project to carry out the intent of this provision. Dispute Resolution Except as may be otherwise provided in this Agreement, all claims, counterclaims, disputes, and other matters in question between OWNER and ENGINEER arising out of or relating to this Agreement or the breach thereof will be decided first by mediation, if the parties mutually agree, or with a bench trial in a court of competent jurisdiction within the State of Iowa. Terms and Conditions The terms and conditions of this Agreement will apply to the Services defined in the Scope of Services. OWNER -supplied purchase order is for processing payment only; terms and conditions on the purchase order shall not apply to these Services. IN WITNESS WHEREOF the parties hereto have made and executed this Agreement. ENGINEER: OWNER: STRAND ASSOCIATES, INC.' CITY OF WATERLOO Matthew S. Richards Date Quentin M. Hart Date Corporate Secretary Mayor RAW:1narsjw111:11NADSDocurnenlslAgreetnents1W5Walerltw, City of(1A)1AnacrobicLagoonUpgradesBioga8Study.2017Agr14461.002.docz www.strand.com Page 219 of 272 CITY OF WATERLOO Council Communication Resolution approving the Professional Services Agreement with RJN Group of Des Moines, Iowa in an amount not to exceed $39,500.00, for engineering services for a collection system data analysis, and authorize the Mayor to execute said document. City Council Meeting: 10/23/2017 Prepared: 10/18/2017 REVIEWERS: Department Waste Management Clerk Office Reviewer Rath, Brian Even, LeAnn ATTACHMENTS: Description ❑ Professional Services Agreement SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Action Approved Approved Type Backup Material Date 10/18/2017 - 11:07 AM 10/18/2017 - 4:09 PM Resolution approving the Professional Services Agreement with RJN Group of Des Moines, Iowa in an amount not to exceed $39,500.00, for engineering services for a collection system data analysis, and authorize the Mayor to execute said document. Submitted By: Steven Hoambrecker, Director, Waste Management Services To approve resolution see attached $39,500 SRF 520-14-5320-2103 Page 220 of 272 CITY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES DEPARTMENT 3505 Easton Ave. • Waterloo, IA 50702 • (319) 291-4553 Steve Hoambrecker, Director October 17, 2017 Memo to Waterloo Mayor and City Council: RE: Engineering Contract RJN Collection system Data Analyses Project description and discussion This project will provide engineering services to analyze collected data from installed area- velocity flow meters and Volucalc lift station monitors, rain gauge and ground watering monitors throughout the city. This is an important set of data that has not been analyzed and needs to be done as part of the final Consent Decree information. Metering devices were installed by WMS staff saving the city an estimated $100,000 in potential contract fees. This contract will process the collected raw data, perform associated 1/lanalyses and provide a written report that will be utilized as part of the needed Consent Decree information. Funding 520-14-5320-2103 It is proposed that we utilize the engineering sewer fund, 520-14-5320-2103, currently be set aside for SRF loan projects as this project is SRF eligible. Page 221 of 272 Page 222 of 272 AGREEMENT BETWEEN CITY OF WATERLOO, IOWA AND RJN GROUP, INC. DES MOINES, IOWA THIS AGREEMENT dated October 23, 2017 by and between the Cit) of Waterloo Iowa, hereinafter called OWNER and RJN GROUP, INC., with an office in Des Moines, Iowa, hereinafter called ENGINEER. WHEREAS, the OWNER desires to retain the professional services of the ENGINEER for a project generally described as 2017 Flow Meter Data Analysis. WHEREAS, the ENGINEER desires to perform such services to the OWNER in accordance with the terms and conditions of the AGREEMENT. NOW', THEREFORE, in consideration of the above recitals, the mutual promises and covenants hereinafter set forth, the parties hereto agree as follows: oc'tion l Sed-' ice, 1.v1l '(jiNi I.IZ The specific services which the ENGINEER agrees to furnish are as indicated in the Attachment A "Scope of Services" which is hereby incorporated by reference and made part of this AGREEMENT. Changes in the indicated Scope of Services shall be subject to renegotiation and implemented through an Amendment of this AGREEMENT. Section II - Eu!tir'e Services of ENGINEER The ENGINEER is available to furnish and perform, under an Amendment or a separately negotiated agreement, future services to supplement this work. Section I I I - Schedule of Services A. Completion Time For those services described in Section 1, the ENGINEER shall make every reasonable effort to schedule manpower and service elements in a diligent manner. It is recognized by both parties that actions of regulatory agencies and/or others may affect the final project schedule. The services described shall be performed as weather and other physical conditions permit. The ENGINEER shall not be liable to the OWNER, if delayed in, or prevented from performing the work as specified herein through any cause or causes beyond the control of the ENGINEER and R1605 -CSC -R0 Page 1 of 9 Page 223 of 272 AGREEMENT (Cont.) not caused by his own fault or negligence. Attachment A "Schedule of Services" is hereby incorporated by reference and made part of this AGREEMENT. ' L tion IV - 'new Iur Ser)iL. Payment to the ENGINEER shall be made as follows: A. Payment for Scr1 vices The OWNER recognizes that time is of the essence with respect to payment of the ENGINEER's invoices, and that timely payment is a material part of the consideration of this AGREEMENT. Payment for services rendered shall be made to the ENGINEER at the end of each month's billing cycle upon presentation of the ENGINEER's monthly statement. ENGINEER will provide to the OWNER a detailed statement of tasks by classification and reimbursement expenses. Total payment shall not exceed aforestated amounts without prior authorization by the OWNER. If the OWNER objects to all or any portion of an invoice, the OWNER shall so notify the ENGINEER within ten (10) calendar days of the invoice date, identify the cause of disagreement, and pay when due that portion of the invoice, if any, not in dispute. OWNER has the right to appeal or ask for clarification of any ENGINEER's billing within ten (10) days of date of billing. Until said appeal is resolved, or clarification is issued, no interest will accrue. The OWNER shall exercise reasonableness in contesting any invoice or portion thereof. Section V - Services to be Provided by the OWNER A. Authorization to Proceed The OWNER shall authorize the ENGINEER to proceed prior to the ENGINEER starting work. B. Access to Facilities and Property The OWNER shall make its system facilities and properties available and accessible for inspection by ENGINEER and arrange for access to make all provisions for the ENGINEER to enter upon public property as required for the ENGINEER to perform his services. C. Prompt Notice The OWNER shall give prompt written notice to ENGINEER whenever OWNER observes or otherwise becomes aware of any development that affects the scope or timing of ENGINEER's services, or ally defect in the service or work of the ENGINEER or Contractors in order that the ENGINEER may take prompt, effective measures, which in the ENGINEER's opinion, will minimized the consequences of a defect. R1605 -CSC -R0 Page 2 of 9 Page 224 of 272 AGREEMENT (Cont.) D. Compensation of a Cost Not to Exceed For basic services, as enumerated in Section 1, the OWNER shall pay the ENGINEER a maximum not to exceed cost of $39,500. Payments as described hereinafter shall represent full compensation to the ENGINEER for all payroll costs, expenses, current overhead, profit, and all other costs in connection with the performance of these services. The ENGINEER, if requested, shall provide documentation to the OWNER of all costs in connection with the performance of these services, and as further described in Attachment A. E. Changes of Scope In the event additional services are required through changes in the scope of the Project, or other unusual or unforeseen circumstances are encountered, or for other consulting services, ENGINEER shall, upon written authorization by the OWNER, perform the additional services as mutually agreed by both parties by supplemental agreement. If renegotiated terms cannot be agreed to, the OWNER agrees that the ENGINEER has an absolute right to terminate the AGREEMENT. F J.I]nit_1Elctli 01 F_i giI eer'5 j,_1 Iil1JIL� OWNER hereby agrees that to the fullest extent permitted by law, ENGINEER's total liability to OWNER for any and all injuries, claims, losses, expenses or damages whatsoever arising from or in any way related to the project or this AGREEMENT from any cause or causes including but not limited to ENGINEER's negligence, errors, omissions, strict liability, breach of contract, or breach of warranty shall not exceed the total compensation received by ENGINEER under this AGREEMENT minus subconsultant and direct costs. SeCiion 1'I - (Co ft,Irucii n Co,4I arid ()pinion:: lt1 l'tt.[ A. The ENGINEER shall submit to the OWNER an opinion of the probable cost required to construct work recommended, designed, or specified by the ENGINEER. The ENGINEER is not a construction cost estimator or construction contractor, nor should the ENGINEER's act of rendering an opinion of probable construction costs be considered equivalent to the nature and extent of service a construction cost estimator or construction contractor would provide. The ENGINEER's opinion will be based solely upon its own experience with construction. This requires the ENGINEER to make a number of assumptions as to actual conditions that will be encountered on site; the specific decisions of other design professionals engaged; the means and methods of construction the contractor will employ; the cost and extent of labor, equipment and materials the contractor will employ; contractor's techniques in determining prices and market conditions at the time, and other factors over which the ENGINEER has no control. Given the assumptions which must be made, the ENGINEER cannot guarantee the accuracy of its opinions of cost, and, in recognition of that fact, the OWNER waives any claim against the ENGINEER relative to the accuracy of the ENGINEER's opinion of probable construction cost. if prior to the Bidding or Negotiation Phase, OWNER wishes greater assurance as to Total Project or Construction Costs, OWNER shall employ an independent cost estimator. RI 605 -CSC -R0 Page 3 of 9 Page 225 of 272 AGREEMENT (Cont.) Section VII - General Considerations A. Standard of Practice Services performed by the ENGINEER under this AGREEMENT will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. No other representation, expressed or implied, and no warranty or guarantee is included or intended in this AGREEMENT, or in any report, opinion, document or otherwise. B. Survival All obligations arising prior to the termination of this AGREEMENT and all provisions of this AGREEMENT allocating responsibility or liability between the OWNER and the ENGINEER shall survive the completion of the services hereunder and the termination of this AGREEMENT. C. Ownership of Instruments of Service All reports, plans, specifications, field data, field notes, laboratory test data, calculations, estimates and other documents prepared by the ENGINEER as instruments of service shall remain the property of the OWNER. The ENGINEER shall retain these records for a period of five (5) years following submission of his or her report, during which period they will be made available to the OWNER at all reasonable times. If the OWNER wishes the ENGINEER to retain documents for a longer period of time, the OWNER shall so specify in advance, in writing, and shall pay in a timely manner all charges agreed to for the ENGiNEER's maintenance of such documents beyond the time period otherwise prevailing. D. Insurance The ENGINEER shall procure and maintain insurance for the entire project period and a minimum period of three years thereafter, according to the following: I . Workmen's Compensation Insurance in the statutory amount, including Employer's Liability insurance for its employees. 2. Comprehensive General Liability insurance, covering bodily injury and property damage with a combined single limit of $1,000,000 per accident; Comprehensive Automobile Liability Insurance, including operation of owned, non -owned, and hired automobiles or vehicles, covering bodily injury with limits of $1,000,000 per person and $1,000,000 per accident; property damage with limits of $100,000 per accident. 3. Professional Liability insurance of $1,000,000 per occurrence and in the aggregate. ENGINEER shall be responsible for all damages to life and property due to his activities or those of his agents or employees in connection with his services, and it is expressly understood that ENGINEER shall indemnify and hold OWNER harmless from any claims, suits, action, damages, and cost to every name and description arising out of or resulting from the performance of services rendered by ENGINEER under this Agreement. R1605 -CSC -R0 Page 4 of 9 Page 226 of 272 AGREEMENT (Cont.) 4. The premium to be expended for all of the above mentioned policies of insurance shall be paid by ENGINEER. The policies of insurance, certificates of insurance, and the insurance company or insurance companies issuing such policies or certificates of insurance must be acceptable to OWNER. 5 All certificates of insurance must be issued indicating that such policies of certificates are applicable to work being performed under a specific contract or to all work performed by ENGINEER for OWNER. 6. Certificates of Insurance shall be completed and submitted to ENGINEER before issuance of Notice -to -Proceed. 7 A minimum of 30 days written notification must be given of any alteration, material change, or cancellation affecting any certificates or policies of insurance as required under this Agreement. Such required notification must be sent via Registered or Certified Mail to the address indicated below: Ms. Catherine Buckley, P.E. 600 Walnut Street, Suite 405 Des Moines, Iowa 50309 8. The OWNER shall be named as an additional insured on the General Liability and Business Auto Liability insurance. E. Certification During the course of construction, the ENGINEER may be called upon to determine the degree to which certain design conditions have been achieved by contractors. In performance of this work, the ENGINEER will use sampling procedures, that is, selected portions of the work will be subject to close review and/or testing and the results observed will be inferred to exist in other areas not sampled. Although such sampling procedures shall be conducted by the ENGINEER in accordance with commonly accepted procedures consistent with applicable standards of practice, the OWNER understands that such procedures indicate actual conditions only where sampling is performed, and that, despite proper implementation of sampling and/or testing procedures, and despite proper interpretation of their results, the ENGINEER cannot assure the existence of conditions which the ENGINEER infers to exist. Since a certification that certain conditions exist comprises an assurance of such conditions' existence, the OWNER agrees that it would be improper for the ENGINEER to certify that certain conditions exist when the ENGINEER cannot assure they exist. Accordingly, the OWNER shall not require the ENGINEER to sign any certification, no matter by whom requested, that would result in the ENGINEER certifying the existence of conditions whose existence the ENGINEER cannot assure. The OWNER also agrees that the OWNER shall not make resolution of any dispute with the ENGINEER or payment of any amount due to the ENGINEER in any way contingent upon the ENGINEER's certifying the existence of conditions whose existence the ENGINEER cannot assure. F. f3uriccl nits S E stirlace 1{isks The ENGINEER will conduct the research that in its professional opinion is necessary to locate utility lines and other man-made objects that may exist beneath the site's surface. The OWNER recognizes that the ENGINEER's research may not identify all subsurface utility lines and man- made objects, and that the information upon which the ENGINEER relies may contain errors or may not be complete. The ENGINEER will prepare a plan indicating the locations intended for R1605 -CSC -R0 Page 5 of 9 Page 227 of 272 AGREEMENT (Cont.) subsurface penetrations with respect to assumed locations of utilities and other man-made objects beneath the site's surface. The OWNER will approve the location of these penetrations prior to their being made and the OWNER will authorize the ENGINEER to proceed. The OWNER agrees to waive ally claim against the ENGINEER and to defend, indemnify and hold the ENGINEER harmless from any claim or liability for injury or loss allegedly arising from the ENGINEER's damaging underground utilities or other man-made objects that were not called to the ENGINEER's attention or which were not properly located on plans furnished to the ENGINEER for any time spent or expenses incurred by the ENGINEER in defense of any such claim, in accordance with the ENGINEER's prevailing fee schedule and expense reimbursement policy. The OWNER recognizes that special risks occur whenever engineering or related disciplines are applied to identify subsurface conditions. Even a comprehensive sampling and testing program, implemented with the appropriate equipment and experienced personnel under the direction of a trained professional who functions in accordance with a professional standard of practice may fail to detect certain conditions, because they are hidden and therefore cannot be considered in development of a subsurface exploration program. For similar reasons, actual environmental, geologic and geotechnical conditions that the ENGINEER properly inferred to exist between sampling points may differ significantly from those that actually exist. The passage of time also must be considered, and the OWNER recognizes that, because of natural occurrences or direct or indirect human intervention at the site or a distance from it, actual conditions discovered may quickly change. The OWNER realizes that nothing can be done to eliminate these risks altogether, but certain techniques can be applied to help reduce them. The ENGINEER is available to explain these risks and risk reduction methods to the OWNER but, in any event, the scope of services included with this AGREEMENT is that which the OWNER agreed to or selected in light of his or her own risk preferences and other considerations. 21605 -CSC -R0 Page 6 of 9 Page 228 of 272 AGREEMENT (Cont.) G. Reuse of Documents All documents including Drawings and Specifications prepared or furnished by the ENGINEER (and ENGINEER's independent professional associates and consultants) pursuant to this AGREEMENT are instruments of service in respect of the Project and ENGINEER shall retain an interest therein whether or not the Project is completed. OWNER may make and retain copies for information and reference in connection with the use and occupancy of the Project or on any other project. Any reuse without written verification or adaptation by ENGINEER for the specific purpose intended will be at OWNER'S sole risk and without liability or legal exposure to ENGINEER's independent professional associates or consultants, and OWNER shall indemnify and hold harmless ENGINEER and ENGiNEER's independent professional associates and consultants from all claims, damages, losses and expenses including attorneys' fees arising from or resulting therefrom. Any such verification or adaptation will entitle ENGINEER to further compensation at rates to be agreed upon by OWNER and ENGINEER. H. Termination of Services This AGREEMENT may be terminated in whole or part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this AGREEMENT through no fault of the terminating party. Such termination may not be effected unless the other party is given not less than 10 days written notice (delivered by certified mail, return receipt requested) of intent to terminate and an opportunity for consultation with the terminating party and 10 days to cure such substantial failure. Irrespective of which party shall effect termination or the cause therefore, the OWNER shall within forty-five (45) calendar days of termination remunerate the ENGINEER for services rendered and costs incurred, in accordance with the ENGINEER's prevailing fee schedule and expense reimbursement policy. Service shall include those rendered to the time of termination, as well as those associated with termination itself, such as demobilizing, modifying schedules, reassigning personnel, and so on. Costs shall include those incurred to the time of termination, as well as those associated with termination and post -termination activities. Such costs shall not include payments to third parties engaged by the ENGINEER for services not yet performed. The OWNER may terminate this AGREEMENT with or without cause or reason. Upon receipt of a notice of termination from OWNER, the ENGINEER shall promptly discontinue all services affected (unless the notice directs otherwise) and deliveMr or otherwise make available to the OWNER (subject to "Reuse of Documents" provisions) all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated by the ENGINEER in performing this AGREEMENT, whether completed or in progress. I. Controlling Law and Disputes If any of the provisions of this AGREEMENT are invalid under any applicable statute or rule of law, they are, to that extent, deemed omitted. However, the OWNER and the ENGINEER will in good faith attempt to replace an invalid or unenforceable provision with one that is valid and enforceable, and which comes as close as possible to expressing or achieving the intent of the original provision. This AGREEMENT shall be governed by the laws of the State of Iowa, Black Hawk County. R1605 -CSC -R0 Page 7 of 9 Page 229 of 272 AGREEMENT (Cont.) The parties agree that they shall reasonably attempt to resolve any disputes regarding the interpretation of this AGREEMENT by informal negotiation, the final resolution of which disputes shall require the agreement of both parties. J. Successors and Assigns The OWNER and the ENGINEER each binds itself and its partners, successors, executors, administrators, assigns and legal representatives to the other party to this AGREEMENT and to the partners, successors, executors, administrators, assigns and legal representatives of such other party, in respect to all covenants, agreements, and obligations of this AGREEMENT. Neither the OWNER nor the ENGINEER shall assign, sublet or transfer any rights under or interest in (including, but without limitation, moneys that may become due or moneys that are due) this AGREEMENT without the written consent of the other. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assigner from any duty or responsibility under this AGREEMENT. Nothing contained in this paragraph shall prevent the ENGINEER from employing such independent consultants, associates, and subcontractors as it may deem appropriate to assist it in the performance of services hereunder. The ENGINEER's use of others for additional services shall not be unreasonably restricted by the OWNER provided the ENGINEER notifies the OWNER in advance. Nothing herein shall be construed to give any rights or benefits hereunder to anyone other than the OWNER and the ENGINEER, and all duties and responsibilities undertaken herein will be for the sole and exclusive benefit of the OWNER and the ENGINEER and not for the benefit of any other party. K. Dispute Resolution All claims, disputes or controversies arising from, or in relation to, the interpretation, application or enforcement of this AGREEMENT shall be decided through mediation or arbitration whichever is mutually agreed upon by OWNER and ENGINEER. R1605-CSC-RO Page 8 of 9 Page 230 of 272 AGREEMENT (Cont.) IN WITNESS THEREOF, the parties hereto have caused this AGREEMENT to be executed this day of ,20 . For the OWNER: Name Printed Title ATTEST: For the ENGINEER: Attachment A — RJN Proposal dated September 27, 2017 Doc # R1605 -CSC -R0 RJN GROUP, INC. Na. Printed , / Title Page 9 of 9 Page 231 of 272 www.rjn.com The Choice kr Collection System Solutions September 27, 2017 Ms. Laura Wolff Waste Management Services City of Waterloo 3505 Easton Avenue Waterloo, Iowa 50702 SUBJECT: PROPOSAL FOR PROFESSIONAL ENGINEERING SERVICES 2017 FLOW METER DATA ANALYSIS Dear Ms. Wolff: RJN Group, Inc. (RJN) is pleased to submit this proposal to the City of Waterloo (City) for sanitary sewer flow monitoring data review and analysis of the City's flow meter network. PROJECT UNDERSTANDING The City of Waterloo currently has a flow meter network installed consisting of 10 area -velocity (A/V) flow meters, 11 Volucalc RT lift station monitors, 10 rain gauges, and 7 groundwater monitors located throughout the City. This meter network has been installed and collecting data since 2016. The current flow meter locations were selected following the 2015 hydraulic modeling project. The City is looking to have RJN review the collected data and provide a summary of findings to the City. The project sE could include an analysis of the current levels of excess flow within each meter basin and recommendations for future flow monitoring and sewer inspection work. PROJECT APPROACH As an initial step, RJN will perform site investigations at each A/V flow meter site. During the meter site investigation, RJN will take measurements of the pipe being metered and will perform a data download of the data collected on the meter. Additionally, RJN will collect manual depth and velocity readings to confirm that the meter is reading accurately and to the manufacturer's operating standards. RJN will also use this confirmation reading to make an assessment of the accuracy of the data collected. RJN will also perform site inspections at each lift station equipped with a Volucalc RT. This visit will be used to gain an understanding of the data being collected at each site. If the site is equipped with a level monitor, a manual depth reading will be taken at the wet well to confirm the monitor ■ •. . i . . ■ rj Page 2 2017 Flow Meter Data Analysis September 27, 2017 is reading accurately. A fill and draw test will be conducted at each site to confirm accurate flow measurement and calibration of the Volucalc RT units. The City shall provide all the historical data for each A/V meters, Volucalc RT units, rain gauges, and groundwater monitors. Following the receipt of all data and the site visits, RJN will analyze the data. This analysis includes minor data cleanup and addressing data gaps and hydraulic anomalies. The data will then be processed and edited as necessary to produce a final data set. This final data set will be analyzed for average dry weather flow (ADWF) and wet -weather flow patterns. RJN will perform an inflow and infiltration analysis on the data. Included in the analysis, RJN will create hydrographs and Scattergraphs and compare wet -weather peaking factors. RJN will also evaluate the rain gauge and groundwater data and assign an average rainfall value and groundwater level to each meter basin based on the data. Final deliverables will include a letter report and CSV files of the finalized data. The letter report will analyze findings as they relate to levels of excess flow within the system. Recommendations will be made for future flow monitoring and sewer inspection work. RJN will meet with the City at the end of the analysis to discuss our findings. PROPOSED SCOPE OF SERVICES Our proposed scope of services is as follows: 1. Receive Waterloo GIS and location information from the City for all equipment, including A/V meters, Volucalc RT units, rain gauges, and groundwater monitors. Map the locations in GIS and provide a basin delineation of the A/V meters and Volucalc RT basins. 2. Site inspections — A/V meters • Investigate and perform a site inspection at each of the 10 existing A/V flow monitoring sites. • Assess the calibration of the io flow meters by taking manual depth and velocity measurements and comparing with the meter readings. 3. Site inspections — Volucalc RT monitoring sites • Investigate and perform a site inspection at the 11 existing Volucalc RT metering sites, located at various lift stations. • If equipped with a level sensor, assess the calibration of the sensor by taking manual depth measurements and comparing with the meter. • Perform a fill and draw test on the Volucalc RT lift station to confirm calibration of the Volucalc RT monitors Page 233 of 272 r j n0L) U_ Page 3 2017 Flow Meter Data Analysis September 27, 2017 4. Provide standard traffic control measures (portable signs and cones) during site inspections as necessary. If additional traffic control is needed, it is to be provided by the City. 5. Process the collected raw data. Analyze the processed flow data for average dry weather flow (ADWF) and wet -weather flow patterns. Create hydrographs for the A/V and Volucalc RT sites and determine wet -weather peaking factors at standard storm recurrence and durations. Develop hyetographs using rain gauge data. 6. Perform an inflow and infiltration analysis, including: • Inflow peaking factors and peaking factor regression; • Scattergraphs, hydrographs, and rainfall hyetographs; and • An analysis of current basin conditions including downstream control and surcharging assessment as can be determined from meter data. 7. Prepare and submit a letter report outlining results of the analysis with recommendations for future flow monitoring and sewer inspection work. 8. Include the following in the report: • Details on each monitoring location; • Summary of the flow, rainfall, and groundwater data evaluated; • Conclusions from the data analysis, including evidence of downstream control, surcharging, hydraulic bottlenecks, and levels of I/I; • Recommendations for the next appropriate steps for flow monitoring or inspection work for the City. 9. Provide with the final report a pdf of the final report as well as an electronic copy of all digital documents and processed flow -monitoring data. 10. Provide project management services for the duration of the project. Attend up to two meetings with City staff. ITEMS REQUESTED FROM THE CITY RJN requests the following items from the City: i. GIS databases and sanitary sewer atlas including locations of A/V meters, Volucalc RT units, rain gauges, and groundwater monitors. Page 234 of 272 rj ip Page 4 2017 Flow Meter Data Analysis September 27, 2017 2. Access to the manholes and lift stations for site inspections. 3. Complete A/V meter, Volucalc RT unit, rain gauge, and groundwater monitor data to be evaluated, including the full meter databases as applicable. 4. Lift station operation assistance during the fill and draw process. 5. Traffic control assistance as needed for high traffic areas. SCHEDULE The key schedule parameters for this project are as follows: 1. The site investigation will take place within one month of a notice to proceed. 2. The letter report will be submitted to the City within three months of completion of site investigations and/or receipt of City data, whichever is later. PROPOSED FEE This scope of services will be invoiced on a percent complete basis for a total cost of $39,500. It is our pleasure to submit this proposal to the City of Waterloo. Please feel free to contact Zach at (630) 818-6689 if you would like to discuss this proposal in detail. We are looking forward to the opportunity to begin working with the City on this important project. Sincerely, RJN Group, Inc. Zachary J. Matyja, P.E. Catherine Buckley, P.E. Client Manager Project Manager Page 235 of 272 Page 236 of 272 CITY OF WATERLOO Council Communication Resolution approving the Professional Services Agreement with AEC OM Technical Services, Inc. of Waterloo, Iowa, in an amount not to exceed $16,000 for the FY 2018 Sink Creek Channel Cleanout and Shaping, Contract No. 924, and authorize the Mayor to execute said document. City Council Meeting: 10/23/2017 Prepared: 10/19/2016 REVIEWERS: Department Reviewer Action Date Engineering Gentz, Dennis Approved 10/18/2017 - 11:03 AM Clerk Office Even, LeAnn Approved 10/18/2017 - 4:04 PM ATTACHMENTS: Description Type ❑ Professional Services Agreement Backup Material SUBJECT: Submitted by: Summary Statement: Source of Funds: Resolution approving the Professional Services Agreement with AECOM Technical Services, Inc. of Waterloo, Iowa, in an amount not to exceed $16,000 for the FY 2018 Sink Creek Channel Cleanout and Shaping, Contract No. 924, and authorize the Mayor to execute said document. Submitted By: Wayne Castle, PLS, PE, Associate Engineer This agreement is for construction related services related to the above referenced project. The scope of services will encompass and include services, materials, equipment, personnel and supplies necessary to provide field review, materials testing, staking and contract administration during the construction phase of the project. GO Bonds Page 237 of 272 AECOM AECOM 319-232-6531 tel 501 Sycamore Street 319-232-0271 fax Suite 222 Waterloo, Iowa 50703 www.aecom.com CITY OF WATERLOO SINK CREEK CHANNEL CLEAN OUT AND SHAPING SUPPLEMENTAL AGREEMENT NO. 2 WHEREAS, a Professional Services Agreement was entered into between City of Waterloo, Iowa, (Client), and AECOM Technical Services, Inc. (ATS), of Waterloo, Iowa, dated May 18, 2015, for maintenance operations along approximately 1,900 feet of the main channel of Sink Creek from Cedar Terrace Drive to Juniper Drive extended in Waterloo, Iowa; and WHEREAS, the Client and ATS entered into Supplemental Agreement No. 1 dated January 19, 2016, to develop a channel typical section and plans for cleaning out and shaping approximately 1,900 feet of the main channel of Sink Creek from Cedar Terrace Drive to Juniper Drive extended in Waterloo, Iowa; and WHEREAS, the Client and ATS now desire to enter into Supplemental Agreement No. 2 for construction -related services for the channel shaping project. NOW THEREFORE, it is mutually agreed to amend the original Professional Services Agreement as follows: I. Project Description The project consists of cleaning out and shaping approximately 1,800 linear feet of the main channel of Sink Creek, as well as 138 linear feet of storm sewer construction. After grading is complete, the contractor will apply seeding and erosion matting to the disturbed area as described in the construction plans. II. Scope of Services The Scope of Services will encompass and include services, materials, equipment, personnel and supplies necessary to provide construction staking, field review, materials testing and contract administration during the construction phase for the project defined above. The Scope of Services is further defined as follows: Task 1. Conduct a preconstruction conference attended by representatives of the Contractor, Client, Consultant and affected utilities. Task 2. Provide construction staking for horizontal and vertical controls for the project as follows: a. Set Project Control b. Set Stakes for Channel Grading c. Set Stakes for Storm Sewer d. Set Stakes for Construction Limits Task 3. Review shop drawings and other submittals as required of the Contractor by the contract documents for conformance with the design concept of the project and compliance with the information given in the contract documents. Task 4. Answer design interpretation questions from the Client, Contractor, review staff and appropriate agencies. Page 238 of 272 AECOM Page 2 Task 5. Prepare bi-weekly applications for payment based on information provided by field review staff and Contractor and forward to the Client for execution with recommendation for approval and payment. Task 6. Perform construction site visits by design personnel at appropriate stages of construction to review the quality of the work and to determine whether the work conforms to the contract documents. Task 7. Prepare and assist the Client and Contractor in processing contract change orders. Task 8. Provide periodic field observation during construction to review the work of the Contractor to determine if the work is proceeding in general accordance with the contract documents and that completed work appears to conform to the contract documents. Staffing requirements may be adjusted during the project in relation to the level of construction activity. Task 9. Provide weekly SWPPP reviews along with City of Waterloo and contractor personnel, as required by Iowa DNR and City of Waterloo. Task 10. Report to the Client any work believed to be unsatisfactory, faulty or defective or does not conform to the contract documents, and advise the Client of any work that should be corrected or rejected. Task 11. Consider and evaluate Contractor's suggestions for modifications and report them with recommendations to the Client. Task 12. Participate in a review of the project with the Client and review staff near project completion and prepare a list of items to be completed or corrected. Task 13. Participate in a field observation of the completed project with the Client and review staff before a final application for payment is processed for the Contractor. Task 14. Maintain files for correspondence, reports of the job conferences, shop drawings and sample submissions, reproductions of original contract documents including addenda, change orders, field modifications, additional drawings issued subsequent to the execution of the contract, Engineer clarifications and interpretations of the contract documents, progress reports and other project -related documents. Task 15. Provide the Client with a copy of revised drawings of the construction plans (record drawings) for the project based on the construction observation records of the field review staff and the Contractor showing those changes made during construction considered significant. Task 16. Prepare and assist the Client with the final close-out documentation received from the Contractor. III. Compensation Compensation for the above services will be on an hourly basis in accordance with Part VI of the original agreement and shall be segregated from the fees in the original agreement. The estimated fee is Sixteen Thousand Dollars ($16,000.00). IV. In all other respects, the obligations of the Client and the Consultant shall remain as specified in the Professional Services Agreement dated May 18, 2015. Page 239 of 272 AECOM Page 3 IN WITNESS WHEREOF, the parties hereto have executed this Supplemental Agreement No. 2 as of the dates shown below: AECOM TECHNICAL SERVICES, INC. By Date October 18, 2017 Douglas W. Schindel, P.E. Associate Vice President APPROVED FOR CITY OF WATERLOO By: Date Quentin Hart Mayor O:WdministrationWGREE\SUPPLE\SA2 Wat Sink Creek CRS.doc Page 240 of 272 CITY OF WATERLOO Council Communication 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 City Council Meeting: 10/23/2017 Prepared: 10/23/2017 REVIEWERS: Department Reviewer Action Clerk Office Higby, Nancy Approved ATTACHMENTS: Description Type ❑ Rezone M -2P to BP Backup Material SUBJECT: Submitted by: Summary Statement: Date 10/23/2017 - 11:57 AM Motion to receive, file and consider for the second 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 third time and adopt said ordinance. Submitted By: Noel Anderson, Community Planning & Development Director 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. Expenditure Required: None. Source of Funds: None required. Policy Issue: Legal Descriptions: 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. 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 241 of 272 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 242 of 272 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 243 of 272 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 244 of 272 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 245 of 272 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 246 of 272 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 247 of 272 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 248 of 272 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 LU z 111 00 0 CO 0 17 LU —J LU UJ 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 mei 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: wez .:60 \ i43Pts_yc€l ‘14c1,4i-pYtoft 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 251 of 272 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: 10/23/2017 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 second 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 third time 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 252 of 272 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 253 of 272 CITY OF WATERLOO Council Communication Motion to direct City Clerk to read bids for the recycling processing facility to support the City of Waterloo's curbside recycling program and refer bids to Interim Public Director for review. City Council Meeting: 10/23/2017 Prepared: 10/18/2017 REVIEWERS: Department Reviewer Action Date Traffic Operations Even, LeAnn Approved 10/18/2017 - 3:37 PM ATTACHMENTS: Description Type ❑ Bid Tab Backup Material Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Background Information: Submitted By: Sandie Greco, Interim Public Works Director Recommend Approval 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 254 of 272 RECYCLING PROCESSING FACILITY Bid Tab: October 12, 2017 Estimate: $32,000 Bidder Bid Amount Cedar Valley Recycling & Transfer Waterloo, IA $55.00 per ton, with contamination of $90.00 per ton. $0.00 rebates. 98% of loads are contaminated. $65.00 per ton for not scheduled hours Monday thru Friday. Republic Services Cedar Falls, IA $117.00 per ton for processing and transportation, minus a rebate every month of as least $40.00 per ton depending on market, with a total cost per ton of $77.00 depending on market value of recyclables. Page 255 of 272 CITY OF WATERLOO Council Communication Leisure Services Commission Board Minutes of August 8, 2017. City Council Meeting: 10/23/2017 Prepared: REVIEWERS: Department Reviewer Action Date Leisure Services Huting, Paul Approved 10/16/2017 - 12:11 PM Clerk Office Higby, Nancy Approved 10/16/2017 - 1:16 PM ATTACHMENTS: Description Type D 8/8/17Minutes Backup Material SUBJECT: Leisure Services Commission Board Minutes of August 8, 2017. Submitted by: Submitted By: Page 256 of 272 MINUTES WATERLOO LEISURE SERVICES COMMISSION TUESDAY, August 8, 2017 Leisure Services Office 1101 Campbell Avenue Megan Hannam called the meeting to order at 7:30am. Present: Marvin Spencer, Megan Hannam, Nancy Bamsey, Brenda Durbahn, Sharon Samec, Don Huff. Staff: Paul Huting, Todd Derifield, Chris Dolan, JB Bolger, Travis Nichols, Bill Bachman, and Council Liaison Jerome Amos, Joe Greene Vice President of Sales and Marketing with the Waterloo Black Hawks, Nate Lubs Gates Golf Pro, and Tim Jamison, Waterloo Courier. Absent: Council Liaison Steve Schmitt, Brenton Shavers, Mark Gallagher. Megan Hannam called for approval of the agenda. Motion to approve agenda by Sharon Samec second by Don Huff Ayes: All. Nays: None Megan Hannam called for approval of the 07/11/2017 meeting minutes. Motion by Sharon Samec second by Marvin Spencer to approve the minutes. Ayes: All. Nays: None Megan Hannam called for approval of the bills. Questions were answered. Motion by Brenda Durbahn, second by Sharon Samec to approve the bills. Ayes: All. Nays: None Young Arena Committee Meeting The committee meeting was held to discuss the Lease and Use Agreement between the City of Waterloo and the Waterloo Black Hawks. The committee agreed with the proposed lease agreement and recommended moving forward with the lease agreement. Young Arena Lease Chris Dolan and Paul Huting reviewed the changes from the current contract to the proposed contract. Joe Greene presented structural improvements planned at the Arena; including construction of suites, enlarging the Cold Zone area and construction of the Foundation Room. All improvements will be the sole expense of the Black Hawks. Questions were answered. Motion by Brenda Durbahn, second by Nancy Bamsey to approve the proposed lease with the Waterloo Black Hawks and have the agreement presented to City Council with recommendation of final approval. Ayes: All Nays: none. Chamberlain -Gates Park Plan Paul Huting and JB Bolger presented information on potential uses of the former Chamberlain property. The potential uses could affect the Gates Golf course, swimming pool, and Gates recreation area. The Gates Master Plan approved in the past by the Leisure Services Commission was reviewed. Staff, along with Commissioners Hannam, Huff, Bamsey and Councilman Amos plan to attend a public input session at 6pm Aug. 8 on the Gates -Chamberlain plans. Page 257 of 272 8:30 am Brenda Durbahn left the meeting. STAFF UPDATES 8:40 am Tim Jamison left the meeting. Young Arena — Chris Dolan Camps are being held at the arena; futures camps, goalies camp. Many participants and parents involved, many overnight stays. HVAC improvements are being worked on. The BH schedule is out, games will be held October into April. Parking in the downtown area is still a problem. Working with other downtown business to explore various parking opportunities, shuttling locations. Construction — Travis Nichols Sherwood Park project is winding down, contractor should be pouring last of the concrete, putting in bollards. Project should be done by end of the month. Forestry -- Todd Derifield Since the July meeting, 44 trees were removed because they were dead, dying, structurally unsound or diseased. Trimmed 142 trees away from signs, houses, etc. Rain has slowed down so we are getting caught up with mowing and trimming. About 100 stumps are left to be removed with the current stump removal contract. We have over 500 stumps that will be incorporated into the next stump removal contract to be created with a completion date of year end. Working with the Kingsley neighborhood area concerning 85 trees that will be removed along Prospect Blvd. The neighborhood group is working on fund raising to replant trees in that area. Many of the residents are getting their ash trees treated. Golf and Downtown Area -- JE Bolger Three major events were held; Waterloo Open, National Night Out, and Irish Fest. Upcoming events include CV Pride Fest, Stem and Stein. Just a few examples of the many activities being held in Waterloo. Interviews were held for an additional full time position in the Downtown Maintenance area. Sports and SportsPlex -- Paul Fluting (Gallagher's report) NE Iowa Jr Tennis tournament was held. Second season of Tee Ball and Coach pitch ball have started. Run the Bases 5K and Kids Fun Run will be held August 12. A Labor Day weekend softball tournament will be held. Outdoor pools will be closing soon for the season. The next regular Leisure Services Commission Meeting will be held Tuesday, September 12, 2017 at the 1101 Campbell office. Megan Hannam asked for motion to adjourn. Motion by Nancy Bamsey to adjourn, second by Don Huff. Adjourned at 9:00 am. Nancy B his ®' sey, Secreta (? Signed ate Page 258 of 272 CITY OF WATERLOO Council Communication Community Development Board Meeting Minutes September 2017. City Council Meeting: 10/23/2017 Prepared: 10/18/2017 REVIEWERS: Department Reviewer Action Date Community Development Jones, Rudy Approved 10/18/2017 - 10:57 AM Clerk Office Higby, Nancy Approved 10/18/2017 - 11:01 AM ATTACHMENTS: Description a Community Development Board Meeting Minutes September 2017 Type Cover Memo SUBJECT: Community Development Board Meeting Minutes September 2017. Submitted by: Submitted By: Recommended Action: approval Page 259 of 272 MINUTES COMMUNITY DEVELOPMENT BOARD MEETING September 19, 2017 The regular meeting of the Community Development Board was held in the Harold E. Getty Council Chambers at City Hall, 715 Mulberry Street, Waterloo, Iowa and called to order by Chairperson -Robert Tyson when a quorum was present at 4:00 p.m. on Tuesday, September 19, 2017. Members present: Maxine Tisdale, Precious Clark, Philip Nash, Robert Tyson, Lisa Munoz and John Chiles Members absent: Jason Verbraken Also present; Anita Merfeld, Community Development Administrative Secretary, Maggie Howard-Heretakis, Community Development Project Specialist for Rudy D. Jones, Director; Jerome Amos; City Council A. APPROVAL OF THE AGENDA Chairperson Robert Tyson asked for a motion to approve the agenda. It was moved by Tisdale, and seconded by Nash to approve the Agenda. Motion carried. B. APPROVAL OF THE MINUTES FOR THE REGULAR MEETING ON AUGUST 15, 2017. Chairperson Tyson requested additions or corrections to the minutes for the meeting on Tuesday, August 15, 2017. There were none. It was moved by Tisdale, and seconded by Chiles to approve the minutes of the regular meeting on August 15, 2017 as presented. Motion carried. C. PUBLIC HEARING TO REVIEW FY2017 CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) Motion to receive and file proof of publication of notice of public hearing (Display Ad Published: September 3, 2017) It was moved by Tisdale, and seconded by Clark to receive and file proof of publication of notice of public hearing. Motion to Open Public Hearing It was moved by Chiles, and seconded by Tisdale to open the public hearing. Hold Hearing -No comments on file Motion to Close the Public Hearing It was moved by Tisdale, and seconded by Nash to close the public hearing. Motion to approve the FY2017 Consolidated Annual Performance and Evaluation Report (CAPER) for CDBG and HOME program activities for the period of July 1, 2016 through June 30, 2017 and to submit to city council for approval and submit to U.S. Department of Housing and Urban Development by September 30, 2017. It was moved by Tisdale, and seconded by Nash to approve and submit CAPER to City Council and to submit to U.S. Department of Housing and Urban Development by September 30, 2017. D. APPOINTMENT TO THE BOARD 1. Introductions Introductions of the existing board members were done and Mr.Tyson welcomed Ms. Precious Clark to her first 3 year term. Page 260 of 272 Minutes September 19, 2017 Page 2 E. OLD BUSINESS 1. Update on Round 6 — Multi -Family Rental Housing Project (June 30, 2017). Final drawdowns were done for this project. A tour has been scheduled 2. Update on Staff Vacancies Angie Fordyce, our new Community Development Coordinator was in Washington D.0 in training for the upcoming lead grant. Heretakis gave a quick background on Ms. Fordyce. 3. Lead Grant Award A formal negotiation phone conference will be held on October 5, 2017. Training was held in Washington D.C. on Sept 20-22. F. NEW BUSINESS 1. Endorse Rehabilitation Contracts for August 2017. It was moved by Clark and seconded by Tisdale to endorse the rehabilitation contracts for August 2017. Motion carried. G. DISCUSSION ITEMS 1. IFA Housing Conference Grand Crossing was the award winner of the Multi -Family Housing Award at the 2017 IFA Housing Conference. ADJOURN MEETING. With no further business it was moved by Nash, and seconded by Munoz to adjourn the meeting. Motion carried. The Chair declared the meeting adjourned. Respectful I\ submitted, *kfh1isdale Board Secretary Page 261 of 272 CITY OF WATERLOO Council Communication Historic Preservation Commission Minutes of August 15, 2017 and September 19, 2017. City Council Meeting: 10/23/2017 Prepared: REVIEWERS: Department Reviewer Action Date Planning & Zoning Higby, Nancy Approved 10/18/2017 - 11:00 AM Clerk Office Higby, Nancy Approved 10/18/2017 - 11:01 AM ATTACHMENTS: Description Type a HP 8/15/17 minutes Cover Memo ❑ HP 9/19/17 minutes Cover Memo SUBJECT: Submitted by: Historic Preservation Commission Minutes ofAugust 15, 2017 and September 19, 2017. Submitted By: Page 262 of 272 WATERLOO HISTORIC PRESERVATION COMMISSION REGULAR MEETING - August 15, 2017- 4:30 P.M. First Floor Conference Room, City Hall Ottesen called the regular meeting of the City of Waterloo Historic Preservation Commission meeting to order at 4:35 p.m. Commission Members in attendance were: Ottesen, Stevens, Price, Jenson and Miller. Commission Member(s) absent were: Orlando and Jaacks. Others Present: Ed Gallagher — Grout Museum Liaison and John Dornoff — Planning Staff Approval of Agenda Motion made by Jenson, seconded by Price to approve the agenda of the August 15, 2017 regular meeting amending to add Civil Rights Grant under hearings. Motion carried unanimously. Approval of Minutes Motion made by Miller seconded by Price to approve the minutes of the July 18, 2017 regular meeting with an amendment showing Price not present at last meeting. Motion carried unanimously. Hearings Hearing for approval to apply for the 2017 CLG Grant. Dornoff stated that he had to have the draft application into the SHPO office yesterday (August 14, 2017) and focused the grant to acquire additional money for the survey of the Triangle area. Last month there did talk between education and the survey with the survey seem to be coming to the forefront so he went with that idea. He can change the grant before the final application needs to be in August 31st It was moved by Jenson, seconded by Price to recommend that an application be submitted for the Certified Local Government Grant to fund a survey of the Triangle area of Waterloo. Motion carried unanimously. Hearing for approval to apply for the 2017 African-American Civil Rights Preservation Grant. Dornoff explained the grant and why we needed to get approval today since it will take several weeks to write this grant. Dornoff asked Stevens for advice on what should be applied for with the grant. Stevens said that education is important in addition to the survey of the Triangle area. It was also mentioned about the many organizations that play an important role in the area including the churches, Boy and Girls club, KBBG who could also be a part of this project. Stevens will provide Dornoff a list information significant to African-American history that will help with applying for the grant. -1- Page 263 of 272 It was moved by Price, seconded by Stevens to recommend that a application be submitted for the 2017 African American Civil Rights Preservation Grant based Motion carried unanimously. Reports 1. Main Street Ottesen reported that the Main Street Design Committee met last week and there was 5 reviews including signing and seating areas. The committee prefers not to have backlit signs and prefers options that are more ascetically pleasing. Tour d'Loo will be in October. Instead of having Taste D'Loo there will be a restaurant week but a date has not been set. Main Street is staring to prepare for winter activities 2. Silos and Smokestacks. No Report, commission asked Dornoff to contact Streed to try to get more information from Silos and Smokestacks. 3. Grout Museum Tour of Homes is August 26th from 1 to 5pm. Miller noted that there is no homes on the tour in the Highland District. The Grout board will not be meeting this month. The Korean War exhibit is ongoing at the museum. 4. Rath Administration Update No Update at this time. 5. Walnut Survey Dornoff reported that the city council approved the contract with the consulting company Louis Berger on August 7th, and is waiting for the mayor's signature so it can move to the next step. Discussion Items/Possible Actin Items 1. Design Guidelines Miller found on the Highland website design guidelines from 2012. Ottesen said he thought they were approved but was not sure what happened as the commission spent many months working on them. Dornoff will research and find out if it needed to go to council and if they were approved. -2- Page 264 of 272 2. Library Presentation October 17th, 2017 The commission will be presenting at the library on October 17th and the title of the presentation will be "Difficulties and Opportunities for Historic and Cultural preservation in Waterloo." Commission members will need to make presentations along with Pat Morrissey. 3. Most Endan2ered Buildin2s 2017 Dornoff was given information for two properties from Price, will now complete the list and send through channels to promote it. 4. Most Endan2ered Buildin2s List 2018 There was discussion if the next list should be entirely new or would new properties be added to the existing list. Discussion turned to adding to the list so long as there is new listings every year and the list does not become stale. It was suggested that the Castle Apartments be put on the list although Dornoff noted that they are number one on the demo list for this year and the Police Department wants them down immediately. Crawford's Laundromat on Logan, former Cozy Inn now Greer's Funeral Home, old gas station north of the Iowa Northern tracks on Logan was suggested for this year. 5. Other Discussion There was no dilapidated housing meeting this month. 6. Action Plan Went over the action plan, Endangered Buildings 2017 will go green by next month but still behind on some items. 7. School Art Proiect Will discuss next month when Orlando is present. 8. Funding CIP process will be starting up in October. What are some of the suggestions to put on the CIP for 2019- 2023? • Revolving Loan Funds • Signage for Historic Districts including gateways • Dunsmore House refurbishment Jenson will look into the cost for refurbishing the Dunsmore House. 9. Website Dornoff noted that the commission now has web presence but it is very primitive at this point, will be a work in progress. -3- Page 265 of 272 10. Other Discussion Ottesen mentioned that he testified at the hearing for the new grocery store in the Walnut Neighborhood but it would require the House of Hope building that is 95 years old to be demolished. He noted that in the last survey it was rated as not contributing to the district, and would not be included in the upcoming Walnut Survey although he did note at its age it could now be considered historic or part of the district. Adjournment Ottesen adjourned the meeting at 5:45 p.m. Respectfully submitted, John Dornoff Planner I -4- Page 266 of 272 WATERLOO HISTORIC PRESERVATION COMMISSION REGULAR MEETING — September 19, 2017— 4:30 P.M. First Floor Conference Room, City Hall Ottesen called the regular meeting of the City of Waterloo Historic Preservation Commission meeting to order at 4:35 p.m. Commission Members in attendance were: Ottesen, Stevens, Price, Jenson (in at 4:30pm), Orlando and Miller. Commission Member(s) absent were: Jaacks. Others Present: Pat Morrissey — City Council Representative, Ron Spears, Joyce Oaks, Laura Sauls, Elaine Eggers — Highland Neighborhood Board, Ed Gallagher — Grout Museum Liaison and John Dornoff — Planning Staff Approval of Agenda Motion made by Stevens, seconded by Miller to approve the agenda of the September 19, 2017 regular meeting. Motion carried unanimously. Approval of Minutes Motion made by Miller seconded by Price to approve the minutes of the August 15, 2017 regular meeting with as amended. Motion carried unanimously. Hearings No Reports Reports 1. Main Street Tour D'Loo will be in October and restaurant week is going on now with about 6 restaurants participating. 2. Silos and Smokestacks. No Report 3. Grout Museum Tour of Homes was from August 26th from 1 to 5pm and was well received from reports. The Grout board's next meeting will be September 20th 4. Rath Administration Update City pursuing the building under Iowa Code 657A. 5. Walnut Survey -1- Page 267 of 272 Dornoff reported that Louis Berger is doing initial work at the present time and the next step will be to have a public meeting that will include the commission and the neighborhood. Discussion Items/Possible Actin Items 1. Highland Neighborhood Dornoff went over a list of Highland Neighborhood Addresses and how they were rated on the surveys that were done back in the 1980's and 1990's. It was asked if it was possible to try to get funding to do another survey of the Highland District since it has been many years since the last one was done. Doing any survey would depend on funding for the commission. Morrissey was asked how a survey could be put on the budget, to which he said pester the city council. It was also asked if the area was a TIF district but it is not. To get it into a TIF district would require a vote of the city council however; the neighborhood does qualify for CURA. Dornoff will send information about the CURA to the association. Some asked why they cannot get more help keeping the historic district up when JSA and others can get buildings for a dollar. Dornoff discussed some of the benefits of being in a historic district and if the district was properly promoted it should be seeing some of those benefits. This is one of the reasons why it would be important to get historic plaques up and other ways to promote the district. The neighborhood has attempted to talk to the Board of Realtors but they do not get a return phone call. There was also discussion about the costs of doing improvements and the often long waits for contractors to do work in the area. It would be helpful to have a listing of contractors on the neighborhood's website that specialize in historic preservation. Also the Neighborhood Association discussed meeting new residents and helping them with their new homes. Highland Neighborhood Association member Sauls mentioned that she would not have bought her home in Highland had it not been owned by her husband before they met. The drive down Independence is filled with housing in poor shape. What can be done to help the area improve (note: the Cote's who were honored by the commission this year have their home in the area so it can be used as an example of what can be done). 2. Design Guidelines Dornoff noted that the design guidelines that the commission worked hard to put together and approve were never sent to the city council for approval. Dornoff also noted that new Secretary of the Interior design guidelines came out this year so the commission will look over the new guidelines to see that changes have taken place before sending the design guidelines to council. 3. Library Presentation October 17th, 2017 The commission will be presenting at the library on October 17th and the title of the presentation will be "Difficulties and Opportunities for Historic and Cultural preservation in Waterloo." Here is the schedule of speaker from the commission: -2- Page 268 of 272 Jenson: Introduction/Ordinance Ottesen: Perspective from a longtime advocate Price: Intent Jaacks: Financing Historic Preservation Stevens: Comparative Analysis of Historical and Cultural History Dornoff: Walnut Survey Orlando: Action Plan and next steps 4. Civil Rights Grant Dornoff gave an update on the Civil Rights Grant application. The deadline for the application has been moved to October 8t'', so Dornoff will be sending it to city council for approval on October 2nd 5. CIP 2019-2023 Dornoff stated that the CIP process should begin next month so a list of potential projects will be brought to the commission so that it can be included in this year's request. Among the suggest projects so far is a revolving loan fund, signage and gateways for highland, and refurbishment of the Dunsmore House. 6. Most Endan2ered Buildin2s 2017 Ottesen noted that after the list for 2017 was published he was interview by multiple media outlets and by the Mayor Hart for Heart for the City. Also, Ottesen and Dornoff were contacted by a person that has family ties to the former church that occupied what is now Mt. Moriah church and she is looking at possibilities to save the church. 7. Most Endan2ered Buildin2s List 2018 Need nominations of buildings for the 2018 list so that it can be ready for the next awards banquet. 8. City Owned Properties/Demo List Castle Apartments will be coming down soon although the fire that occurred in the building is making it difficult to do asbestos abatement. The church at Wellington and 2nd will also be coming down soon along with a commercial building purchased for Sportsplex Parking. 9. Action Plan The item on sending a letter of support for the Walnut Coalition support should be green. 10. School Art Proiect Orlando will start working on the school project; other members of the commission will work on donations, 11. Funding Talked elsewhere about it. 12. Website Dornoff noted that the commission now has web presence but it is very primitive at this point, will be a -3- Page 269 of 272 work in progress. 13. Other Discussion Discussion about Oral Presentations and should it be at the end of the meeting or possibly having a time limit although Dornoff noted the most commissions have the time in the beginning of the meeting and the is what the mayor prefers. Adjournment Ottesen adjourned the meeting at 6:15p.m. Respectfully submitted, John Dornoff Planner I de/ -4- Page 270 of 272 CITY OF WATERLOO Council Communication Communication from the Waterloo Fire Rescue Department on the notice of the conclusion of employment for Justin Junk, Fire Engineer, effective October 10, 2017 with recommendation of approval of payout of $6,072.78 for unused benefits. City Council Meeting: 10/23/2017 Prepared: REVIEWERS: Department Reviewer Action Date Human Resources Higby, Nancy Approved 10/19/2017 - 4:59 PM Clerk Office Higby, Nancy Approved 10/19/2017 - 4:59 PM ATTACHMENTS: Description Type D Justin Junk Payout Cover Memo SUBJECT: Communication from the Waterloo Fire Rescue Department on the notice of the conclusion of employment for Justin Junk, Fire Engineer, effective October 10, 2017 with recommendation of approval of payout of $6,072.78 for unused benefits. Submitted by: Submitted By: Page 271 of 272 CITY OF WATERLOO, IOWA To: City Council Members Re: Notice of Severance CITY HALL 715 MULBERRY STREET 50703 Department Waterloo Fire Rescue Today's Date: 10/12/2017 Effective Date: 10/10/2017 Employment Date: 8/8/2007 Job Title/Classification Fire Engineer This is to report that the employment of Justin Junk with the City of Waterloo has been severed by reason of: ❑ Retired Disability Related ❑ No ❑ Yes ❑ Resigned ❑ Termination 0 Other Deceased In accordance with City Policy, it is requested to allow payment which consists of the following: Benefits Total Hours (x) Hourly Rate Total Payout Vacation -Accrued 130.26 $ 24.22 $ 3,154.90 Vacation -Current 72 $ 24.22 $ 1,743.84 Usable Sick Leave -36 $ 23,96 $ (862.56) Frozen Sick Leave $ Personal Hours 37 $ 23.96 $ 886.52 Comp Time Pay $ - Unscheduled Leave $ - Fire Holiday 48 $ 23.96 $ 1,150.08 Tota Payment $ 6,072.78 Comments: Sick Usable - earned 12 hrs x 9 months = 108. Used 144. Overused by 36 hrs. Fire Holiday Hours - earned 8 hrs/month x 9 months. Used 24 hours. Balance = 48 e Approved by Human Resources Date Date la- to -1 7 1012-0 Routing: Original to Human Resources by Department Human Resources will forward original to City Clerk (Copy in Personnel File) Clerk's Office will forward copy of approved form to Department and Human Resources Council Agenda Date: ❑ Accruals ❑Status ❑-9 Updated 6128/11 Page 272 of 272