The URL can be used to link to this page

Home My WebLink AboutCouncil Packet - 1/22/2018 THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTY COUNCIL CHAMBERS Monday, January 22, 2018 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 (l)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 182 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Dave Zellhoefer, City Attorney Agenda, as proposed or amended. Minutes of January 16, 2018, Regular Session, as proposed. 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. Resolution setting date of public hearing as February 5, 2018 for a request by Steven Hackbarth to rezone approximately 1.05 acres of land from "R-3" Multiple Residence District and "C-2" Commercial District to "C-1,C-Z" Conditional Zoning District, for the purposes of establishing an antique store and one apartment unit in a former church building, located at 719 West 6th Street, and instruct City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning & Development Director 3. Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as February 15, 2018 and date of public hearing as February 19, 2018, for the FY 2018 University Avenue- Phase I, from Greenhill Road to Evergreen Avenue, Contract 933, and instruct City Clerk to publish said notice. Submitted By: Jeff Bales, Associate Engineer 4. Resolution re-setting date of public hearing date as February 5, 2018, for the purchase of one (1) four-wheel drive, compact, pick-up truck, with crew cab, for Code Enforcement. Submitted By: Sandie Greco, Interim Public Works Director B. Motion to approve the following: Page 2 of 182 1. TRAVEL REQUESTS a. Pat Treloar, Chief of Fire Services and Lt. Mike Dufel (REVISED) Class/Meeting: Pick up Enginer 304 (Fuel cost was more than expected) Destination: Weyauwega, WI Dates: January 10, 2018 Amount not to exceed: $120.79 b. John Hyman - ICT Tech; Kevin Kuenstling - ICT Tech Class/Meeting: IAWEA Maintenance Conference (Iowa Water Environment Association) Destination: DMACC Campus,Ankeny, IA Dates: January 30-31, Amount not to exceed: $658 2018 C. Keith Kaspari, Director of Aviation Class/Meeting: Cedar Valley Coalition - 2018 Destination: Washington, D.C. Dates: April 23-25, 2018 Amount not to exceed: $1,345 d. Keith Kaspari, Director of Aviation Class/Meeting: 2018 Spring Conference, Iowa Public Airport Association (I PAA) Destination: Des Moines, IA Dates:April 25-27, 2018 Amount not to exceed: $350 e. Joe Jones, Jr., Sewer Maintenance and Al Delagardelle, Storm Sewer Maintenance Class/Meeting: Iowa Water Environment Association Maintenance Conference Destination: DMACC Campus,Ankeny, IA Dates: January 31-31, Amount not to exceed: $658 2018 2. LIQUOR LICENSES a. Honey Garden Family Restaurant, 826 LaPorte Road Class: Special C Liquor Renewal Application Includes Sunday Expiration Date: 11/7/2018 b. Hy-Vee Gas#2, 2221 Logan Avenue Class: C Beer Renewal Application Includes Sunday Expiration Date: 1/2/2019 C. New Star, 315 Fletcher Avenue Class: B Wine/ C Beer/ E Liquor New Application Includes Sunday Expiration Date: 1/30/2019 PUBLIC HEARINGS Page 3 of 182 2. Adoption of the Waterloo, Iowa Airport Land Use and Height Overlay Zoning Ordinance, regulating height and use restrictions in the vicinity of the airport to avoid airport hazards. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of Planning, Programming and Zoning Commission. Motion to receive, file, consider and pass for the first time an Ordinance adopting the Waterloo, Iowa Airport Land Use and Height Overlay Zoning Ordinance, regulating height and use restrictions in the vicinity of the airport to avoid airport hazards. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt ordinance. Submitted By:Aric Schroeder, City Planner 3. Request by Black Hawk Economic Development, Inc. to rezone approximately 3.49 acres of land from "A-1" Agricultural District to "M-1" Light Industrial District, located at and adjacent to 200 Nevada Street. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file, consider, and pass for the first time an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a rezone of certain property, located at and adjacent to 200 Nevada Street. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said Ordinance. Submitted By: Noel Anderson, Community Planning and Development Director RESOLUTIONS 4. Motion approving Final Quantity Summary for a net decrease of$64,955.72, for the FY 2016 W. 2nd, Cedar, and W. 3rd Street Improvements, Contract No. 912, and authorize the Mayor and City Clerk to execute said document. Submitted By: Jamie Knutson,Associate Engineer 5. Resolution approving Completion of Project and Recommendation of Acceptance of Work, for work performed by Peters Construction Corporation, of Waterloo, Iowa, in the amount of$853,181.91, for the FY 2016 W. 2nd, Cedar, and W. 3rd Street Improvements, Contract No. 912, and receive and file two (2) year maintenance bond. Submitted By: Eric Thorson, PE, City Engineer 6. Motion approving Final Quantity Summary for a net decrease of$1,095.16, for the FY 2016 Flood Control Gatewell Repairs, Contract No. 895, and authorize the Mayor and City Clerk to execute said document. Submitted By: Jamie Knutson,Associate Engineer 7. Resolution approving Completion of Project and Recommendation of Acceptance of Work, for work performed by Ricklefs Excavating Ltd. of Anamosa, Iowa, in the amount of$393,654.84, for the FY 2016 Flood Control Gatewell Repairs, Contract No. 895, Page 4 of 182 and receive and file two (2)year maintenance bond. Submitted By: Eric Thorson, PE, City Engineer 8. Motion approving Final Quantity Summary for a net increase of$22,872.00, for the FY 2017 East 5th Street Parking Garage Repairs, Contract No. 930, and authorize the Mayor and City Clerk to execute said document. Submitted By: Mark A. Boesen, Manager of Rehabilation Services/Building Maintenance 9. Resolution approving Completion of Project and Recommendation of Acceptance of Work, for work performed by McGill Restoration, Inc. of Omaha, Nebraska, in the amount of $531,132.00, for the FY 2017 East 5th Street Parking Garage Repairs, Contract No. 930, and receive and file two (2) year maintenance bond. Submitted By: Noel Anderson, Community Planning & Development Director 10. Resolution approving Second Amendment to a Development Agreement with Taylor Ventures, LLC, to amend the company name to Taylor Real Estate Holdings, LLC, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning & Development Director 11. Resolution approving the Real Estate Purchase Agreement with Muriel M. Eilers for the acquisition of property located at 2355 Independence Avenue, in the amount of $129,000 plus up to $5,000 in closing costs, and authorize the Mayor and City Clerk to execute all necessary documents. Submitted By: Noel Anderson, Community Planning & Development Director 12. Resolution approving a request by North Crossing, LLC for preliminary plat of North Crossing Addition, a 2-lot subdivision located at the northeast corner of Logan Avenue and East Donald Street. Submitted By: Noel Anderson, Community Planning and Development Director 13. Resolution approving a variance to the requirements of the Subdivision Ordinance in Section 11-3-2(C) Final Plat Approval, as it relates to the approval of the final plat of North Crossing Addition. Submitted By: Noel Anderson, Community Planning and Development Director 14. Resolution approving a request by North Crossing, LLC for final plat of North Crossing Addition, a 2-lot subdivision located at the northeast corner of Logan Avenue and East Donald Street. Submitted By: Noel Anderson, Community Planning and Development Director 15. Resolution approving a lease agreement with C & S Car Company for a 2018 Hyundai Santa Fe, VIN #5XYZUDLB8JG542281, to be used by the School Resource Officers, for a six (6) month period at no cost to the City, and authorize Mayor to execute said agreement. Submitted By: Frank Krogh, Captain of Police Services ADJOURNMENT Page 5 of 182 Motion to adjourn. Kelley Felchle City Clerk MEETINGS 3:40 p.m. Council Work Session, Harold E. Getty Council Chambers 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers PUBLIC INFORMATION 1. Historic Preservation Meeting minutes of November 21, 2017. 2. Leisure Services Commission minutes of December 12, 2017. 3. Board of Adjustment minutes of August 22 and September 26, 2017. Page 6 of 182 CITY OF WATERLOO Council Communication Minutes of January 16, 2018, Regular Session, as proposed. City Council Meeting: 1/22/2018 Prepared: REVIEWERS: D epartment Reviewer Action Date Clerk Office Higby, Nancy Approved 1/17/2018 - 11:34 AM ATTACHMENTS: Description Type ❑ Minutes of 1.16.18 Backup Material Submitted by: Submitted By: Page 7 of 182 January 16,2018 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 Tuesday, January 16, 2018. Mayor Quentin Hart in the Chair. Roll Call: Jacobs,Morrissey,Shimp,Klein,Amos,Schmitt,Juon. Prayer or Moment of Silence. Pledge of Allegiance: Chris Shimp,Ward 5 Council Member 146446- Juon/Schmitt that the Agenda,as proposed,for the Regular Session on Tuesday,January 16,2018,at 5:30 p.m.,be accepted and approved. Voice vote-Ayes: Seven. Motion carried. 146447- Juon/Schmitt that the Minutes, as proposed,for the Regular Session on Monday,January 8, 2018,at 5:30 p.m.,be accepted and approved. Voice vote-Ayes: Seven. Motion carried. ORAL PRESENTATIONS Matt Bauman, 1325 Ansborough, commented that he manages Tuffy on Ansborough and is concerned about tow truck access to his parking lot if the road is widened. Sandie Greco,Interim Public Works Director,explained that her department is working with Planning Department and consultants on studies and designs for the road. Mr. Schmitt questioned the stage of the project. Noel Anderson Community Planning and Development Director,explained that council will have the opportunity to approve designs. David Dreyer, 3145 W. 4"' Street,questioned if reviewing other options would negate the grant that was applied for. Robert Faig, 1618 Logan Avenue,explained an effective way for individuals to start their cars on cold mornings. John Sherbon, 1715 Robin Road,commented that the light timing at the intersection of Ansborough and Downing is not effective. Mrs. Juon thanked the department heads for their participation in new council orientation hosted by the city and organized by the Mayor and City Clerk. Mayor Hart thanked the new council members for committing their time to new council orientation. Mr. Morrissey explained he was asked to mention that it would be helpful if businesses would post their contact information in a conspicuous place on their property, he also mentioned that a new grocery store,Frugal Find,is now open. He further explained that there are residents in Ward 3 that are being impacted by a business that is out of compliance with city ordinance and recently learned that residential properties within a setback are not, by ordinance, notified of actions that would impact their properties and he believes the city should adopt a policy to reverse that. Mayor Hart thanked staff at the Waterloo Center for the Arts for sponsoring a MLK Day of Service and thanked the students at Columbus High School for their day of service as well. Mrs. Juon commented she is proud to have been able to attend the Martin Luther King banquet and believed it to be a very joyous and thought provoking event. 146448- Juon/Schmitt that the above oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. Page 8 of 182 January 16,2018 Page 2 CONSENT AGENDA 146449- Juon/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 January 16, 2018, in the amount of$743,178.47 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.2018-28. 2. Resolution approving preliminary specifications, bid documents, etc. setting date of bid opening as January 18, 2018 and date of public hearing as January 22, 2018, for the Phelps Youth Pavilion Playscape Project,and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No.2018-29. 3. Resolution rejecting all bids received for the purchase of one (1) four-wheel drive, compact pick-up truck, with extended cab, for Code Enforcement, including the awarded bid to Pat McGrath Chevy of Cedar Rapids,Iowa,in the amount of$26,517,and rescinding Resolution No.2017-1018. Resolution adopted and upon approval by Mayor assigned No.2018-30. 4. Resolution approving preliminary specifications, bid document, form of contract, etc. and setting date of bid opening as January 25, 2018 and date of public hearing as January 29, 2018, for the purchase of one (1) four-wheel drive, compact, pick-up truck, with crew cab, for Code Enforcement. Resolution adopted and upon approval by Mayor assigned No.2018-31. b. Motion to approve the following: I Travel Requests Name&Title of Amount Personnel Class/Meeting Destination Date(s) not to Exceed a. Ben Neil,Engineering Iowa Department of Cedar February 7, $270 Technician Transportation Rapids,IA 2018&March Recertifrcations 16,2018 b. Garrett Gingrich, EMS Refresher Hiawatha, January 26-28, $344 Paramedic IA 2018 2• Approved Beer,Liquor,and Wine Applications Name&Address of New or Expiration Includes Business Class Renewal Date Sunda a. Golf Headquarters, 1850 W. B Beer Renewal 12/30/2018 X Ridgeway Avenue b. Liquor&Tobacco Outlet, B Wine/C Beer/E Renewal 1/31/2019 X 2844 University Avenue Liquor c. New Star, 1459 Ansborough B Wine/E Liquor New 6/2/2018 Avenue*Adding Wine* d. The Saloon,303 W. 4th C Liquor Renewal 11/14/2018 X Street e. Snowden House,306 Special C Liquor Renewal 12/14/2018 X Washington Street 3.Mayor Hart's recommendation of the following appointments: Page 9 of 182 January 16,2018 Page 3 Appointee Board/Commission Expiration New or Re-Appointment Date Keyah Levy Human Rights 1/1/2021 Re-appointment 4. Recommendation of Community Development Director for the appointment of Felicia Smith-Nalls from the Civil Service List to the position of Neighborhood Services Coordinator, effective January 17,2018. 5. Fireworks Display at National Cattle Congress for the Hairball Concert on January 20, 2018 from approximately 9:15 p.m. to 11:15 p.m. Mr. Shimp commented that Felicia Smith-Nalls has done an excellent job since taking over the Neighborhood Services Coordinator position. Roll call vote-Ayes: Seven. Motion carried. RESOLUTIONS 146450- Schmitt/Amos that motion approving Change Order No. 3 for a net deduction of$47,734.08 for the FY 2017 CIP Pipelining Phase IIIA,Contract No 919. Roll-call vote-Ayes: Seven. Motion carried. 146451 - Schmitt/Amos that"Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Municipal Pipe Tool Co. of Hudson, Iowa, in the amount of$1,545,675.43, for the FY 2017 CIP Pipelining Phase IIIA, Contract No. 919, and receive and file two (2) year maintenance bond",be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2018-32. 146452- Amos/Morrissey that motion approving Change Order No. 2 for a net increase of$91,423.00 for the FY 2017 4th Street Bridge Canopy Repairs, Contract No. 910. Roll-call vote-Ayes: Six. Nays: One (Schmitt). Motion carried. Jim Chapman,224 Bertch,questioned why the change order occurred. David Dryer, 3145 W. 4`r' Street, questioned if the consulting fees are separate from the completion of project. Forest Dillavou, 1725 Huntington Road, commented that the canopy was built with TIF dollars and that it should have been repaired with TIF dollars. Mary Potter, 1416 W.4`h Street,commented that the council should support the items. Council had considerable discussion regarding the process for approving change orders,payments to the contractor and future maintenance considerations for the 4th Street Bridge. It was suggested that council adopt a policy outlining the change order approval process. 146453- Amos/Morrissey that "that "Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Minturn, Inc. of Brooklyn, Iowa, in the amount of$1,574,136.00 for the FY 2017 4th Street Bridge Canopy Repairs, Contract No. 910, and receive and file two (2)year maintenance bond",be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2018-33. Page 10 of 182 January 16,2018 Page 4 146454- Morrissey/Amos that motion approving Change Order No. 3 for a net increase of$53,502.32 for the FY 2016 Street Reconstruction Program, Contract No. 898, and authorize the Mayor and City Clerk to execute said document. Roll-call vote-Ayes: Seven. Motion carried. 146455- Morrissey/Amos that"Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Aspro, inc. of Waterloo,Iowa, in the amount of$6,458,741.49 for the FY 2016 Street Reconstruction Program, Contract No. 898, and receive and file two (2) year maintenance bond",be adopted. Roll-call vote-Ayes: Seven. Motion carried. Eric Thorson provided an overview and reminded council that these are estimated quantities and that the bidder's prices are what leads us to the low bidder. Resolution adopted and upon approval by Mayor assigned No.2018-34. 146456- Amos/Morrissey that "Resolution approving a Memorandum of Understanding between the Waterloo Community School District and the City of Waterloo,Iowa,to purchase and provide salt/sand mixture for snow and ice control purposes, and authorize the Mayor and City Clerk to execute said document", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2018-35. 146457- Amos/Morrissey that "Resolution approving Electric Distribution Extension Agreement between MidAmerican Energy and the City of Waterloo,Iowa, for installation of a transformer for the South Pump Station along Mullan Avenue, in conjunction with the US Highway 63 project from Jefferson Street to Franklin Street, and authorize the Mayor and City Clerk to execute said document", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2018-36. 146458- Amos/Morrissey that "Resolution approving documents, and adopt and levy the final schedule of assessments in conjunction with the FY 2018 Sidewalk Repair Assessment Program-Zone 7,Contract No.931",be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2018-37. ORDINANCES 146459- Morrissey/Amos that "an Ordinance Establishing Grades in the City of Waterloo FY 2018 Sidewalk Repair Assessment Program — Zone 7, Contract No. 931", be received, placed on file, considered and passed for the first time. Roll-call vote-Ayes: Seven. Motion carried. 146460- Morrissey/Amos that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll-call vote-Ayes: Six. Nays: One(Klein). Motion carried. 146461 - Morrissey/Amos that "an Ordinance Establishing Grades in the City of Waterloo FY 2018 Sidewalk Repair Assessment Program — Zone 7, Contract No. 931.", be considered and passed for the second and third times and adopted. Roll-call vote-Ayes: Six. Nays:One(Klein). Motion carried. Page 11 of 182 January 16,2018 Page 5 Ordinance adopted and upon approval by Mayor assigned No. 5434. OTHER COUNCIL BUSINESS 146462- Amos/Morrissey to receive the City of Waterloo Comprehensive Annual Financial Report for fiscal year ending June 30, 2017 and place on file, be received, placed on file and approved. Voice vote-Ayes: Seven. Motion carried. ADJOURNMENT 146463- Morrissey/Amos that the Council adjourn at 6:39 p.m. Voice vote-Ayes: Seven. Motion carried. Kelley Felchle City Cleric Page 12 of 182 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as February 5, 2018 for a request by Steven Hackbarth to rezone approximately 1.05 acres of land from"R-3" Multiple Residence District and "C-2" Commercial District to "C-1,C-Z" Conditional Zoning District, for the purposes of establishing an antique store and one apartment unit in a former church building, located at 719 West 6th Street, and instruct City Clerk to publish notice. City Council Meeting: 1/22/2018 Prepared: 1/17/2018 REVIEWERS: Department Reviewer Action Date Planning& Zoning Schroeder, Aric Approved 1/17/2018 - 10:30 AM Clerk Office Higby, Nancy Approved 1/17/2018 - 10:46 AM ATTACHMENTS: Description Type ❑ Hackbarth Rezone - 719 W 6th St Cover Memo Resolution setting date of public hearing as February 5. 2018 for a request by Steven Hackbarth to rezone aRproxiinately 1.05 acres of land from"R-3" SUBJECT: Multiple Residence District and "C-2" Commercial District to "C-I.C- Z" Conditional Zoning District, for the p=oses of establishing an antique store and one apartment unit in a former church building, located at 719 West 6th Street, and instruct City Clerk to publish notice. Submitted by: Submitted By:Noel Anderson. Community Planning& Development Director Recommended Action: Approval Transmitted herewith is a request to set the date of public hearing as February 5, 2018 for a request by Steven Hackbarth to rezone approximately 1.05 acres of land from"R-3" Multiple Residence District and "C-2" Commercial District to "C-1,C-Z" Conditional Zoning District, for the purposes of establishing an antique store and one apartment unit in a former church building, located at 719 West 6th Street The request could have a negative impact on the surrounding neighborhood, as rezoning the land to a commercial use would be allowing a commercial zoning district to encroach into a predominately residentially zoned neighborhood. However, if the proper conditions are placed upon the conditional zoning request, those conditions could potentially mitigate the impacts of the commercial use on the abutting residential neighborhood, and allow for the reuse of what would otherwise be a vacant church building. The area in question is zoned"R-3" Multiple Residence District and "C-2" Commercial District and has been zoned as such since the adoption of the Page 13 of 182 Zoning Ordinance in 1969. Surrounding land uses and their zoning are as follows: North— Single-family and two-family residences, zoned "R-3"Multiple Residence District. South— Single-family residences, zoned "R-3"Multiple Residence District. East— Single-family and two-family residences, zoned "R-3"Multiple Residence District. West— Existing commercial and residential development, zoned "C-2" Commercial District. Summary Statement: No buffers would be required as a part of this rezoning request, however, the parking of vehicles next to the residential uses to the southeast of the property could possibly negatively impact those properties. Staff believes the property should be screened along the southeasterly property line of the parking lot with a fence not less than six feet in height. An antique shop would be considered a retail use, and this building is between 5,000 and 50,000 square feet, which requires one parking stall for every 250 feet of floor area, which would require 21 parking stalls. A residential dwelling requires two parking stall, therefore it would appear that 23 parking stalls are needed for this development. By looking at an aerial photo of the site, staff estimates there are 30 parking stalls on the site, which is an excess of seven stalls, therefore, it appears that all parking requirements are being met for the two uses. At the November 14, 2017 Planning and Zoning Commission meeting, the Commission unanimously recommended approval of the request with the following conditions: 1. That there be a solid six foot tall fence along the southeasterly line of the parking lot to screen it from the adjacent residential use, located at 817 Wellington Street. 2. That the use be limited to an antique shop with one apartment. 3. That there is no outside storage allowed on the premises. 4. That sign regulations of the"C-1" Commercial District be required for the site. The applicant has signed an agreement to the conditions of zoning, which is included in your attachments. Expenditure Required: None Source of Funds: None required Policy Issue: Zoning and Land Use Lots Nos. 6 and 7 and the Northwesterly 30 feet of Lot No. 8; all in Black No. 19 in Doe's Addition to the Village (now City) of Waterloo, Iowa. And That part of Lot 9 and Lot 10 in Block No. 18 of Doe's Addition, and vacated portions of West Sixth Street and Wellington Street, all in the City of Waterloo, Iowa, described as follows: Beginning at the Southwesterly corner of Lot 6 in Block No. 19 of Doe's Addition; thence North 34'04'10" East 140.88 feet along the Northwesterly Page 14 of 182 Legal Descriptions: line of said Lot 6 to the Southwesterly line of the public alley in Block No. 19; thence North 56°06'46" West 64.44 feet along an extension of said Southwesterly line of the public alley; thence Westerly 192.75 feet along a 612.96 foot radius curve concave Northerly with a long chord bearing South 69°46'27" West 191.96 feet; thence South 78°46'59" West 80.65 feet; thence South 56°03'27" East 153.73 feet, parallel to and 8 feet normally distant from the Northeasterly line of Block No. 4 in Miller's Addition; thence Easterly 117.71 feet along a 79.97 foot radius curve concave Southerly with a long chord bearing North 81°49'47" East 107.37 feet to the point of beginning. Page 15 of 182 November 14,2017 REQUEST: Request by Steven Hackbarth to rezone approximately 1.05 acres from "R-3" Multiple Residence District to "C-1,C-Z" Conditional Zoning District, located at 801 Wellington Street. APPLICANT: Steven Hackbarth, 770 Franklin Avenue, Ackley, IA 50601 GENERAL The applicant is requesting to rezone the property in question for DESCRIPTION: the purposes of establishing an antique store and one apartment in a former church building, located at 801 Wellington Street. IMPACT ON The request could have a negative impact on the surrounding NEIGHBORHOOD & neighborhood or land use, as rezoning the land to a commercial SURROUNDING use would be allowing a commercial zoning district to encroach into LAND USE: a predominately residentially zoned neighborhood However, if the proper conditions are placed upon the conditional zoning request, those conditions could potentially mitigate the impacts of the commercial use on the abutting residential neighborhood, and allow for the reuse of what would otherwise be a vacant church building. VEHICULAR & The area is served by Wellington Street and West 6th Street, which PEDESTRIAN are classified as Local Streets and Minor Arterials. There is also an TRAFFIC alley access point to the property to the northeast from West 6th CONDITIONS: Street. Commercial uses could potentially have a negative impact on traffic conditions on the residential streets, however, the proposed use as an antique shop would appear to be a low traffic generation use and not negatively impact traffic conditions. RELATIONSHIP TO There are no recreational trails within the immediate vicinity of the RECREATIONAL rezone area, but the area is served extensively by sidewalks, which TRAIL PLAN AND appear to meet the Complete Streets Policy. COMPLETE STREETS POLICY: ZONING HISTORY The area in question is zoned "R-3" Multiple Residence District and FOR SITE AND has been zoned as such since the adoption of the Zoning IMMEDIATE VICINITY: Ordinance in 1969. Surrounding land uses and their zoning are as follows: North — Single-family and two-family residences, zoned "R-3" Multiple Residence District. South — Single-family residences, zoned "R-3" Multiple Residence District. East — Single-family and two-family residences, zoned "R-3" Multiple Residence District. West — Existing commercial and residential development, zoned "C-2" Commercial District. DEVELOPMENT The area is comprised of commercial and residential development, HISTORY: with the residences being constructed in the early 1900s and new commercial development occurring as recent as this year. BUFFERS/ No buffers would be required as a part of this rezoning request, 801 Wellington St—R3 to C1CZ P;EFq&16f 6f 1�� November 14,2017 SCREENING however, the parking of vehicles next to the residential uses to the REQUIRED: southeast of the property could possibly negatively impact those properties. Staff believes the property should be buffered along the southeasterly property line of the parking lot with a buffer not less than six feet in height. The buffer could be a weather resistant wood fence, which would appear to be adequate. DRAINAGE: The applicant is not proposing to reconstruct the parking lot and it would appear that the request would not have a negative impact upon drainage in the area. FLOODPLAIN: Small areas of the Zone AO, 100-year floodplain encroach on the that fronts up to West 5th Street, however, the church and parking lot are not within a Special Flood Hazard Area, as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0301 F, dated July 18, 2011. PUBLIC /OPEN Sacred Heart Catholic School is located approximately two blocks SPACES/ SCHOOLS: to the north of the site in question at the intersection of West 5th Street and Randolph Street. There are no parks within the immediate vicinity of the site in question. UTILITIES: WATER, There is 4" drain tile and a 21" sanitary sewer West 6th Street, and SANITARY SEWER, an 8" sanitary sewer within Wellington Street. STORM SEWER, ETC: RELATIONSHIP TO The Future Land Use Map designates this area as Mixed COMPREHENSIVE Residential; Low, Medium, High Density Residential, Professional LAND USE PLAN: Offices and Neighborhood Commercial, and the proposed rezone request would appear to be in conformance with the Future Land Use Map and Comprehensive Plan for this area. STAFF ANALYSIS — Conditional Zoning may apply only to those cases which propose ZONING changing the zoning from an "R" Classification to a "C" or "S" ORDINANCE: Classification, a "C" to an "M" Classification, and those changes that will occur within each individual "R", "C" or "M" grouping. The applicant is proposing to establish an antique shop and one apartment in a former church building, located at 801 Wellington Street. An antique shop is a permitted use within the "C-1" Neighborhood Commercial District, however, staff is proposing a conditional zoning classification due to the close proximity of residences and the impact a commercial use could have on those residences. The existing parking lot directly abuts the home to the southeast, located at 817 Wellington Street, and as a condition of approval, staff recommends that there be a buffer no less than six feet in height to screen the parking lot from the residential uses and to keep headlights from cars from shining on the adjacent property. An antique shop would be considered a retail use, and this building is between 5,000 and 50,000 square feet, which requires one parking stall for every 250 feet of floor area, which would require 21 801 Wellington St—R3 to C1CZ P&gW 47f6f 1 ft November 14,2017 parking stalls. A residential dwelling requires two parking stall, therefore it would appear that 23 parking stalls are needed for this development. By looking at an aerial photo of the site, staff estimates there are 30 parking stalls on the site, which is an excess of seven stalls, therefore, it appears that all parking requirements are being met for the two uses. The applicant is �roposing to set an antique wagon on the vacant lot along West 5t Street and affix a 4'x 8' (32 SF) sign to it to advertise the business. The "C-1" sign regulations allow for one freestanding post, pole or monument sign and shall not exceed 45 square feet in height and not have a surface area greater than 80 square feet on any one side. At the Technical Review Committee, Fire indicated that there could be issues with renovating this building, noting that potentially there is a need for a sprinkler system and fire alarm system and recommended that the request be tabled until those details can be discussed. Building Inspections also indicated that certified architectural plans will need to be submitted for the renovation for building code review. STAFF ANALYSIS — SUBDIVISION There is no platting requested with this item. ORDINANCE: STAFF Therefore, staff recommends that the request to rezone RECOMMENDATION: approximately 1.05 acres land from "R-3" Multiple Residence District to "C-1,C-Z" Conditional Zoning 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 is in conformance with the Future Land Use Map and Comprehensive Plan for this area, which designate it as Mixed Residential, Low, Medium, High Density Residential, Professional Offices and Neighborhood Commercial And with the following condition(s): 1. That there be a solid six foot tall fence along the southeasterly line of the parking lot to screen it from the adjacent residential use, located at 817 Wellington Street. 2. That the use be limited to an antique shop with one apartment. 3. That there is no outside storage allowed on the premises. 4. That sign regulations of the "C-1" Commercial District be required for the site. 801 Wellington St—R3 to C1CZ P;EFPw I 8 6f 144 City of Waterloo Planning, Programming and Zoning Commission November 1 � � 1111 :l11.►II i � �i�� 'i� ■� 1111/i'�-.1111 1 ♦ ��/�� ,�r.� ■ :111 -�►►i►i►- �►,` �� o,,�! r��;1111.:��t•. ♦♦ • � � '�/ � -.. III. .��T-+ � •, .DAA •, 1�_111111,1►�� ,,� t� �♦1� . ♦� � ��♦, •:• � G�, i. _�`EII�I��,��`��. .�;I� Air� �� A,��` �� •�, ,�j�, y ♦ ,o 111'�� I� �,0� , �•� ` ♦��i,� �� • .` sii,.�i _ ��♦ .,��♦ �� ♦�� ♦j �I�♦ �� 1 AI�� Soil AI �Oj� �j Vii., � � �� - - � ♦♦j �' SII•. 4 ��°� ��•.� I� ��''�� •� � �♦,, �i' `'�`��''•��IL�AI� AIS ��.�� ..�/ �� I ��I o �I I�L�� ♦ r♦.,,i ♦� .� ,.•� I, . . _ I IIA ♦I ♦��v.�•-Gj�i`�� ,��. : ,�;�p��'�•lAA•AA �///�.��,.�A �� AAI�AAA� � .��i ,�� ♦ .�� .,� • ,IAA I/ :.� . _ _ ■ ■■■ .� � • ,� �. �., �, p!. I ' AAA ♦: �� .1.. •��_ .Di�'� ��' �•,� �� AAIA��' " AAI�• ' ■_ �; MEN �� t��j ._, •, :�►�� IAAA!�,��Aj,I��AO�A� ' _ Elm � ��0� —— —— — � AIA � �►��,�AIAjA I r. iilll.._��_ � � � _ �. ..._ �■ _ - . AA 111111 ' X111■.=-: ININ'12�1_� i:. �t■■■ ■■■■■■ ■■■■ aruuti •�o.wa _ _ . IT u.��•'�._�n 111111 111111 0��_ � �1� 11111111 111111 _ 111111111 111111 1111 ■111111111 111111111111 111111 11111 111111:0■:�■� - •11111= =1111 111111 111111111111 111111'1111 ■111111111 ■11111111111 111111 _�� ■� �■�- • is iry ai 1111111 11111 �� _p�pp �_IIIII 1111111 HIII 11111111111 111111-:111 X111111111 111111111111 11111 111■�� Elm 1111111 MIMIMHO u l11111111111111 111111' 1111■: ■111111111 X1111111111 111111 �= 7. An FA- M M :111111 11111111 111111 :11111111111 111111 1111 =1111111_ ■11111111111 111111 1111111 MIN '11111111111101.HIM 1111■ 11111111: 11111■111�11111 11� �� ■ _ 1111 1111111 111111 111111111111111=111111 IIII� !1�11� 11111111111111111 11� �■ _ _ 11111 1111111 1.111 111111111111. lllll 1111■.■■11 =■11■1111;■111 •- � " 1 INEW _11/ X111111111 1111■ 1111 .111111..111111. .11 IUNION 111111 11111 111111■ .111111. .11 8ol Wellington Street Rezone R-3 to C-19C-Z Steven Hackbarth .11 411 1 .11 F. -. •- 19 of City of Waterloo Planning, Programming and Zoning Commission November 14, 2017 a s Proposed Rezone Area West 5th Street .a h�m i �i w ate: w N Sol Wellington Street WE Rezone R-3 to C-1,C-Z Steven Hackbarth .................. 75 37.5 0 75 . . Page 20 of 1fg Feet City of Waterloo Planning, Programming and Zoning Commission November 14, 2017 Proposed Rezone Area West 5thStreet C-2 r -R-3 'V- 4r 4, N Sol Wellington Street WE Rezone R-3 to C-1,C-Z * Steven Hackbarth .................. 75 37.5 0 75 . . Page 21 of 1f!? Feet awe r i d. -! 1r w I f.aYilt -400= IIM'i a 1rmmiA "w men �p ° 1 M6 ®� I too ---------------- M , r , • k� M IR' 18 4 AN nu -..Is 1 l ' L�,, Page of APPLICATION FOR REZONING CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION WATERLOO, IOWA 319.291.4366 1. APPLICATION INFORMATION: a. Applicant's na lease print). J Q-V 'L ��`l OL C� PP {P ) Address: "P;&,k Jt-n %/v- Phone: X41,--372^0400 Fax: City: < State: =-he Zip: 15c?ax>I b. Status of applicant: (a)Owner (b)Other (CHECK ONE):If other explain: c. Property owner's name if different than above(please print): Address: Phone: Fax: City:_ State: Zip: _ 2. PROPERTY INFORMATION: ff a. General location of property to be rezoned: obi b. Legal description of property lobe rezoned: r �� -t�, q,p=-T _4' �j i o C, `� c. Dimensions of Proposed Zoning Boundary(Excluding Right of Way): b (� d. Area of Proposed Zoning Boundary(Excluding Right of Way): , ,t• C�5 Ar- e. Current zoning: R 2S "Qlti`�+'IQ1, Requested zoning: C O C 1,C f. Reason(s) for rezoging and p• osed use(s)of property: '5 a `a ,! CL 14Me� g. Conditions(if any)agreed to: h. Other pertinent information(use reverse side if necessary): Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process(separate from rezone request). The filing fee of$300+$10 per acre($750 max) (payable to the City of Waterloo)is required(round amount down to nearest$10 increment). This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process,with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning,Programming, and Zoning Commission until four(4)months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All i rmation submitted will b used by the Waterloo Planning, Programming, and Zoning Commission and the Wat d City Co ncil in akin their decision. The undersigned authorize City Zoning Officials to enter the prop rty qu ti in g t the request. 01 ature of Ap licant Date Signature of Owner Date Page 24 of 12J) Rezone Request — 801 Wellington Street F :r t - r I low F b 801 Wellington Street. Looking at the existing parking lot to the southeast of the building. roy ,L o. r _ Looking at the rear of the building where Looking at the existing parking lot to the there is additional parking from the alley. southeast of the building with existing residential development visible in the background on Wellington Street. Page 25 of 1,14 Rezone Request — 801 Wellington Street r. de - ■■. +Vc Looking towards West 5th Street with Looking at the alley behind the building existing commercial development visible that has access onto West 5th Street. in the background. Page 26 of 1ft Prepared By:Aric A.Schroeder.City of Waterloo.715 Mulberry Street,Waterloo,IA 50703—(319)291.4366 CONDITIONS OF ZONING WHEREAS Iowa Code Section 414.5 provides for Zoning with conditions provided the conditions are agreed to in writing by the property owner prior to adjournment of the hearing by the City Council, AND WHEREAS,the owners of property in the City of Waterloo currently zoned"C-2"Commercial District and"R-3"Multiple Family Residence District and requested to be zoned"C-1,C-Z"Conditional Zoning District,and also commonly known as 719 West 6t`Street,and legally described as: See Attached Exhibit"A" HEREBY agree to the following conditions on the above-described property: 1. That there be a solid six foot tall fence along the southeasterly property line of the parking lot to screen it from the residential use located at 817 Wellington Street. 2. That the use be limited to an antique shop with a one unit apartment. 3. That there is no outside storage allowed on the premises. 4. That the sign regulations of the"C-1"Neighborhood Commercial District be met for the site. NOW THEREFORE,it is agreed by the owners that any proposed change in the use or conditions of the property other than as detailed in this agreement shall first be submitted to the Planning and Zoning Commission,for its recommendation to the City Council who will review and approve the proposed change to the above-described property. These conditions have been placed on the above-described property for the purpose of complying with the regulations and policies of the City of Waterloo. As a result of said covenant,I(we)herein declare that the following conditions shall govern the entire property as described above,which restrictions shall run with the land and be binding on the successors,heirs and assigns,and herein agree: 1)that these conditions shall not prohibit the division or subdivision of said property in compliance with the City of Waterloo Zoning Ordinance No.5079 and the City of Waterloo Subdivision Ordinance No.2997,however each subdivided part thereof shall be subject to the terms of these conditions,2)that none of these conditions shall be rescinded or altere without the approval of the City Council of the City of Waterloo as outlined above,and. Agreed to this day of ,2018 Steven Hackbarth On this 1�*day of 2018,before me,the undersigned,a Notary Public in and for the State of Iowa,personally appeared Ste n Hackbarth,to me known to be the identical person(s)named herein and who executed the foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. SEAL ;�'"`s TIM ANDERA commsum NQ.772518 c f W COMMISSION EXPIRES CL I K"5�1 4 APRIL 11.2°18 No ublic illand for the State of Iowa Original Recorded Form to be returned to: Waterloo Planning and Zoning Department 715 Mulberry St,Waterloo IA 50703 Page 1 of 1 Conditions of Zoning—719W 6th St. Page 27 of 182 Exhibit"A" Lots Nos.6 and 7 and the Northwesterly 30 feet of Lot No.8;all in Black No.19 in Doe's Addition to the Village(now City)of Waterloo,Iowa. And That part of Lot 9 and Lot 10 in Block No.18 of Doe's Addition,and vacated portions of West Sixth Street and Wellington Street,all in the City of Waterloo,Iowa,described as follows: Beginning at the Southwesterly corner of Lot 6 in Block No.19 of Doe's Addition;thence North 34°04'10"East 140.88 feet along the Northwesterly line of said Lot 6 to the Southwesterly line of the public alley in Block No.19;thence North 56°06'46"West 64.44 feet along an extension of said Southwesterly line of the public alley;thence Westerly 192.75 feet along a 612.96 foot radius curve concave Northerly with a long chord bearing South 69"46'27"West 191.96 feet;thence South 78°46'59" West 80.65 feet;thence South 56°03'27"East 153.73 feet,parallel to and 8 feet normally distant from the Northeasterly line of Block No.4 in Miller's Addition;thence Easterly 117.71 feet along a 79.97 foot radius curve concave Southerly with a long chord bearing North 81"49'47"East 107.37 feet to the point of beginning. Page 28 of 182 CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as February 15, 2018 and date of public hearing as February 19, 2018, for the FY 2018 University Avenue- Phase I, from Greenhill Road to Evergreen Avenue, Contract 933, and instruct City Clerk to publish said notice. City Council Meeting: 1/22/2018 Prepared: 1/17/2018 REVIEWERS: Department Reviewer Action Date Engineering Thorson, Eric Approved 1/17/2018 - 10:54 AM Clerk Office Even, LeAnn Approved 1/17/2018 - 1:00 PM ATTACHMENTS: Description Type ❑ Cont 933—NPH Cover Memo Resolution approving preliminaryy plans, specifications, form of contract, etc. and setting date of bid opening as February 15, 2018 and date of public hearing SUBJECT: as February 19, 2018, for the FY 2018 University Avenue- Phase I, from Greenhill Road to Evergreen Avenue, Contract 933, and instruct City Clerk to publish said notice. Submitted by: Submitted By: Jeff Bales,Associate Engineer Summary Statement: Plans prepared by the AECOM Expenditure Required: TBD Source of Funds: University Avenue Transfer of Jurisdiction Funds Page 29 of 182 NOTICE OF PUBLIC HEARING On Proposed Plans, Specifications, Form of Contract, And Estimate of Cost For the UNIVERSITY AVENUE - PHASE 1 In the City of Waterloo, Iowa CONTRACT NO. 933 RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of the said City on the 151h day of February, 2018, until 1:00 p.m. for the reconstruction of UNIVERSITY AVENUE - PHASE 1, City Contract No. 933, as described in detail in the plans and specifications now on file in the Office of the City Clerk. OPENING OF BIDS All proposals received will be opened in the First Floor Conference Room at City Hall, in the City of Waterloo, Iowa, on the 15' day of February, 2018, at 1:00 p.m., and the proposals will be acted upon at such later time and place as may then be fixed by the City Council. PUBLIC HEARING Notice is hereby given that the Council of said City will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the construction of the above-described improvement project at 5:30 p.m. on the 191h day of February, 2018, said hearing to be held in the Harold E. Getty Council Chambers in City Hall in said City. The proposed plans, specifications, form of contract, and estimate of cost for said improvements heretofore prepared by AECOM for the City of Waterloo are now on file in the office of the City Clerk for public examination, and any person interested therein may file written objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto at the meeting above set forth. The NOTICE TO BIDDERS can be viewed at the following locations: 1) City of Waterloo web site at.http://ci.waterloo.ia.us/ 2) Plan rooms: Master Builders of Iowa 221 Park Street, PO Box 695 Des Moines, IA 50303 McGraw Hill Construction Dodge 3315 Central Ave. Hot Springs, AR 71913 Reed Construction Data 30 Technology Parkway South, Ste. 500 Norcross, GA 30092 3) Plan Room Web sites: Master Builders of Iowa web site at www.mbionline.com Dodge Lead web site: http://dodgepromects.construction.com/ Reed Const. Data Lead web site: http://www.cmdgroup.com/project-leads/ NOTICE OF HEARING NPH-1 of 2 University Avenue-Phase 1 AECOM#60528991 City Contract No.933 Wa KIFaoojeM of 182 SCOPE OF WORK This project consists of the reconstruction of the existing University Avenue 6-lane facility with a new 4- lane roadway. The project includes installation of sidewalks, shared use paths and reconstruction of the existing storm sewer, water main, and traffic signals. Published pursuant to the provisions of Chapter 26 of the City Code of Iowa and upon order to the City Council of said Waterloo, Iowa, on the day of 12018. CITY OF WATERLOO, IOWA BY: Kelley Felchle City Clerk NOTICE OF HEARING NPH-2 of 2 University Avenue-Phase 1 AECOM#60528991 City Contract No.933 Watp(age" 1 of 182 CITY OF WATERLOO Council Communication Resolution re-setting date of public hearing date as February 5, 2018, for the purchase of one(1)four-wheel drive, compact,pick-up truck, with crew cab, for Code Enforcement. City Council Meeting: 1/22/2018 Prepared: 1/17/2018 REVIEWERS: Department Reviewer Action Date Code Enforcement Even, LeAnn Approved 1/17/2018 - 5:45 PM Resolution re-setting date of public hearing date as February 5, 2018, for the SUBJECT: purchase of one(1) four-wheel drive, compact, pick-up truck, with crew cab, for Code Enforcement. Submitted by: Submitted By: Sandie Greco, Interim Public Works Director Recommended Action: Re-set public hearing date. The bid opening and public hearing were set at the January 16, 2018 Council Summary Statement: meeting. There is no meeting on the 29th of January as that is the 5th Monday in the month so the public hearing needs to be set for the 5th of February. Page 32 of 182 CITY OF WATERLOO Council Communication Adoption of the Waterloo, Iowa Airport Land Use and Height Overlay Zoning Ordinance, regulating height and use restrictions in the vicinity of the airport to avoid airport hazards. City Council Meeting: 1/22/2018 Prepared: 1/17/2018 REVIEWERS: Department Reviewer Action Date Planning& Zoning Schroeder, Aric Approved 1/17/2018 - 10:50 AM Clerk Office Even, LeAnn Approved 1/17/2018 - 12:35 PM ATTACHMENTS: Description Type ❑ Proposed Waterloo Airport Zoning Ordinance Backup Material D Airport Zoning Map Backup Material D Airport Ordinance Development Overview Backup Material D Existing Waterloo Airport Zoning Ordinance(1956) Backup Material Motion to receive and file proof of publication of notice of public hearing_ HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of Planning Programming and Zoning Commission. SUBJECT: Motion to receive, file, consider and pass for the first time an Ordinance adopting the Waterloo, Iowa Airport Land Use and Height Overlay Zoning Ordinance. re ung height and use restrictions in the vicinity of the airport to avoid airport hazards. Motion to suspend the rules. Motion to consider and pass for the second and third tines and adopt ordinance. Submitted by: Submitted By:Aric Schroeder. City Planner Recommended Action: Approval On October 23, 1956 the City of Waterloo adopted Ordinance No. 2059, and the City of Cedar Falls and Black Hawk County took similar action to adopt the Waterloo Municipal Airport Zoning Ordinance, regulating height and use restrictions in the vicinity of the airport to avoid airport hazards. The Ordinance has existed unchanged since adoption in 1956. The Iowa Department of Transportation Office of Aviation manages all airports in Iowa, and developed a guidebook for model Airport Zoning Ordinances, and made grant funding available for Iowa Association of Regional Councils Summary Statement: to develop and have adopted new updated Airport Zoning Ordinances consistent with the state model ordinance. The City of Waterloo was Page 33 of 182 awarded grant funding for INRCOG to perform the ordinance update for the Waterloo Regional Airport, which includes affected lands within the City of Waterloo, the City of Cedar Falls, and unincorporated areas of Black Hawk County. Attached is the proposed ordinance to be adopted. The ordinance has already been adopted by the City of Cedar Falls and Black Hawk County. No expenditure is required for adoption of the Ordinance. The City of Expenditure Required: Waterloo previously submitted, received, and accepted a grant, which had a local match of$1,320, which will be split equally between the three jurisdictions,putting the City of Waterloo expenditure required as $440. Source of Funds: Airport funds Policy Issue: Zoning Ordinance Page 34 of 182 ORDINANCE NUMBER WATERLOO, IOWA AIRPORT LAND USE AND HEIGHT OVERLAY ZONING ORDINANCE WATERLOO REGIONAL AIRPORT,WATERLOO, IOWA Preamble BE IT ORDAINED BY THE CITY COUNCIL, OF THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA: THIS IS AN ORDINANCE REPEALING THE WATERLOO MUNICIPAL AIRPORT ZONING RESOLUTION AND ORDINANCE OF THE CITY OF WATERLOO, IOWA, INCLUDING THE AIRPORT ZONING MAP, AND ALL OF THE AMENDMENTS THERETO: AND ENACTING IN LIEU THEREOF AS NEW ORDINANCE NUMBER _, THE CITY OF WATERLOO, IOWA AIRPORT ZONING ORDINANCE INCLUDING THE AIRPORT LAND USE AND HEIGHT ZONING MAP AND SHALL BE INTEGRATED INTO THE WATERLOO CITY CODE OF ORDINANCES. ORDINANCE NUMBER IS AN ORDINANCE CREATED FOR THE PURPOSE OF PROTECTING HEALTH,WELFARE,AND PUBLIC SAFETY WITHIN A SPECIFIC AREA IN PROXIMITY TO THE WATERLOO, IOWA REGIONAL AIRPORT. Section 1—Introduction This ordinance shall regulate and restrict the height of structures, objects, and growth of natural vegetation, as well as land uses; otherwise regulating the use of property, within the vicinity of the Waterloo Regional Airport. Creation of appropriate zones and establishing the boundaries thereof, as well as providing for changes in the restrictions and boundaries of such zones is vested in this Ordinance. The Waterloo Regional Airport Land Use and Height Zoning Maps are incorporated into and made part of this Ordinance. The Ordinance also provides for the enforcement of the Ordinance,the recognition of Board of Adjustment; and imposition of penalties related to the implementation of this Ordinance. Section 2—Authority Iowa Code Section 329.3 Airport Zoning empowers local municipalities to zone airports including height restrictions and land uses. Section 3— Statement of Purpose and Findings The Waterloo Regional Airport(hereafter referred to as"the Airport")is acknowledged as an essential public facility to the State of Iowa and the local community. The creation or establishment of an airport hazard is a public nuisance and poses a potential concern to the surrounding communities served by the Airport. There shall be no creation or establishment of a hazard that endangers the public health, safety, welfare, and impact an individual's quality of life, nor prevent the safe movement of aircraft at the Airport. For the protection of the public health, safety, and general welfare, and for the promotion of the most appropriate use of land, it is necessary to prevent the creation or establishment of airport hazards. The prevention of airport hazards shall be accomplished, to the extent legally possible, by proper exercise of the police power. The prevention of new airport hazards, and the elimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards, are considered to be a public purpose for which the City of Cedar Falls, City of Waterloo, and Black Hawk County may raise and expend public funds, as an incident to the operation of airports, to acquire or property interest therein. 1 Page 35 of 182 Section 4— Short Title This Ordinance shall be known and may be cited as the Airport Ordinance, and it is referred to as "the Ordinance"within the following sections. Section 5—Applicability This Ordinance encompasses a general area around the Airport. Specific dimensions associated with the zoning boundary are shown in the Airport Land Use and Height Zoning Maps. Section 6—Definitions The following definitions shall be utilized for terms as appropriate to the Ordinance. 1. Air Traffic (FAA FAR Sec. 1.1)—Aircraft operating in the air or on an airport surface, exclusive of loading ramps and parking areas. 2. Airport (FAA FAR Sec. 152.3) —Any areas of land or water that is used, or intended for use, for the landing and takeoff of aircraft. Any appurtenant areas that are used, or intended for use, for airport buildings, other airport facilities, or rights-of-way; and all airport buildings and facilities located on the areas specified in this definition. 3. Airport Elevation (FAA AC 150/5190-4A)—The highest point on an airport's usable landing area measured in feet from sea level. 4. Airport Environs — The land use and people in the areas surrounding an airport which can be directly affected by the operation of the airport. 5. Airport Hazard (FAA FAR Sec. 152.3)—Any structure or object of natural growth located on or in the vicinity of a public airport, or any use of land near a public airport that obstruct the airspace required for the flight of aircraft landing or taking off at the airport; or is otherwise hazardous to aircraft landing or taking off at the airport. 6. Airport Layout Plan (ALP) (FAA FAR Sec. 152.3) —The plan of an airport showing the layout of existing and proposed airport facilities. 7. Airport Overlay Zones—A zone intended to place additional land use conditions on land impacted by the airport while retaining the existing underlying zone. The FAR Part 77 Surfaces and RPZs have been combined to create five airport overlay zones. The five specific zones create a comprehensive area focused on maintaining compatible land use around airports. a. Zone A—is intended to provide a clear area that is free of above ground obstructions and structures. This Zone is closest to the individual runway ends. b. Zone B — is a critical overlay surface that reflects the approach and departure areas for each runway at an airport. The size of Zone B is predicated upon the type of approach (visual, non-precision, or precision)that a specific runway has and the type/size of aircraft utilizing the runway. c. Zone C—includes those areas that are parallel to the runway pavement and extend 1,050 feet from the edge of the primary surface. d. Zone D — is typically elliptical in shape, depending upon the runway types and configurations at an individual airport. 2 Page 36 of 182 e. Zone E—is the outermost zone of the overlay areas and has the least number of land use restriction considerations. The zone begins at the edge of the horizontal surface and is 4,000 feet in width paralleling the horizontal surface. 8. Airport Reference Code(ARC)—The ARC is an FAA coding system used to relate airport design criteria to the operational and physical characteristics of the airplanes intended to operate at the airport. 9. Airport Reference Point (ARP) (FAA AC 150/5300-13) — The latitude and longitude of the approximate center of the airport. 10. Airport Zoning Permit — Airport zoning permit allowing new development or alteration or expansion of a nonconforming use. 11. Airside—That portion of the airport facility where aircraft movements take place, airline operations areas, and areas that directly serve the aircraft, such as taxiway, runway, maintenance and fueling areas. 12. Airspace — The space lying above the earth or above a certain area of land or water that is necessary to conduct aviation operations. 13. Approach and Runway Protection Zone Map—The Approach and Runway Protection Zone Map is compiled from the criteria in FAR Part 77, "Objects Affecting Navigable Airspace." It shows the area affected by the Airport Overlay Zoning Ordinance and includes the layout of runways, airport boundaries,elevations,and area topography.Applicable height limitation areas are shown in detail. 14. Approach Slopes (FAA Part 77)—The ratios of horizontal to vertical distance indicating the degree of indication of the Approach Surface. The various ratios include: a. 20:1 — For all utility and visual runways extended from the primary surface a distance of 5,000 feet. b. 34:1 — For all non-precision instrument runways extended from the primary surface for a distance of 10,000 feet. c. 50:1/40:1 — For all precision instrument runways extending from the primary surface for a distance of 10,000 feet at an approach slope of 50:1 and an additional 40,000 feet beyond this at a 40:1 Approach Slope. 15. Approach Surface (FAA AC 150/5190-4A) — A surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in this Ordinance. In plan the perimeter of the approach surface coincides with the perimeter of the approach zone. 16. Avigation Easement — A grant of a property interest in land over which a right of unobstructed flight in the airspace is established. 17. Building Codes—Codes, either local or state, that control the functional and structural aspects of buildings and/or structures. Local ordinances typically require proposed buildings to comply with zoning requirements before building permits can be issued under the building codes. 3 Page 37 of 182 18. Commercial Uses — Commercial uses means a use category including land uses or activities involving the production, processing, manufacturing, or sale of goods or services for financial gain, including uses that provide merchandise to the general public.Accessory uses may include offices, storage, food service, or other amenities primarily for the use of employees and parking. 19. Compatibility—The degree to which land uses or types of development can coexist or integrate. 20. Easement (FAA AC 5020-1)—The legal right of one party to use a portion of the total rights in real estate owned by another party. This may include the right of passage over, on, or below property; certain air rights above the property, including view rights; and the rights to any specified form of development or activity, as well as any other legal rights in the property that may be specified in the easement document. 21. Federal Aviation Administration (FAA)—A federal agency charged with regulating air commerce to promote its safety and development; encourage and develop civil aviation, air traffic control, air navigation; and promoting the development of a national system of airports. 22. Federal Aviation Regulations (FAR)—Regulations established and administered by the FAA that govern civil aviation and aviation-related activities. a. FAR Part 36 (FAA FAR Sec. 36.1)— Regulation establishing noise standards for the civil aviation fleet. b. FAR Part 91 (FAA FAR Sec. 91.1) — Regulation pertaining to air traffic and general operating rules, including operating noise limits. c. FAR Part 150 (FAA FAR Sec. 150.1)— Regulation pertaining to airport noise compatibility planning. d. FAR Part 161 (FAA FAR Sec. 161.1) — Regulation pertaining to notice and approval of airport noise and access restrictions. e. FAR Part 77 (FAA FAR Sec. 77.1) — Objects Affecting Navigable Airspace — Part 77 (a) establishes standards for determining obstructions in navigable airspace; (b) defines the requirements for notice to the FAA Administrator of certain proposed construction or alteration; (c) provides for aeronautical studies of obstructions to air navigation to determine their effect on the safe and efficient use of airspace; (d) provides for public hearings on the hazardous effect of proposed construction or alteration on air navigation; and (e) provides for establishing antenna farm areas. 23. General Aviation Airport—Any airport that is not an air carrier or a military facility. 24. Height— Height is utilized for the purpose of determining the height limits in all zones set forth in this Ordinance and shown on the Official Airport Land Use and Height Zoning Map; height shall be measured as the highest point of a structure, tree, or other object of natural growth, measured from the mean sea level elevation unless otherwise specified. 25. Hold Harmless Agreement—An agreement which holds airport sponsors orjurisdictions harmless for alleged damages resulting from airport operations. Such agreements are recorded in deeds or permits as a condition of approval of a regulatory land use decision. 26. Industrial, Wholesale Trade, and Storage Uses — A use category including the following use types: 4 Page 38 of 182 a. Industrial development or uses involved in the research, design, manufacturing, processing, fabrication, packaging, or assembly of goods. Natural, man-made, raw, secondary, or partially completed materials may be used. Products may be finished or semi-finished and are generally made for the wholesale market,for transfer to other plants, or to order for firms or customers. Goods are generally not displayed or sold on site, but if so, they are a subordinate part of sales (typically 10% or less of the total gross floor area). Relatively few customers come to the site. b. Industrial, manufacturing, wholesale trade, and warehouse/storage uses including uses that produce goods from raw or finished materials, uses that distribute goods in large quantities to primarily wholesale customers, or provide for storage or warehousing of goods, either in enclosed buildings or outdoors. Few customers, especially the general public, come to the site. Accessory activities may include sales, offices, parking, and storage. 27. Imaginary Surfaces (FAA FAR Part 77.25)—Those areas established in relation to the airport and to each runway consistent with FAR Part 77 in which any object extending above these imaginary surface, by definition, is an obstruction. a. Transitional Surface — The transitional surface extends outward and upward at right angles to the runway centerline and extend at a slope of seven feet horizontally for each one foot vertically (7:1) from the sides of the primary and approach surfaces. The transitional surfaces extend to the point at which they intercept the horizontal surface at a height of 150 feet above the established airport elevation. b. Horizontal Surface—The horizontal surface is a horizontal plane located 150 feet above the established airport elevation and encompasses an area from the transitional surface to the conical surface. The perimeter is constructed by generating arcs from the center of each end of the primary surface and connecting the adjacent arcs by lines tangent to those arcs. c. Conical Surface—The conical surface extends upward and outward from the periphery of the horizontal surface at a slope of 20 feet horizontally for every one foot vertically (20:1) for a horizontal distance 4,000 feet. d. Approach Surface — The approach surface is longitudinally centered on the extended runway centerline and extends outward and upward from the end of the runway primary surface. The approach slope of a runway is a ratio of 20:1, 34:1, or 50:1, depending on the approach type. The length of the approach surface varies from 5,000 to 50,000 feet and also depends upon the approach type. 28. Incompatible Land Use (FAA FAR Sec. 150.7)—The use of land which is normally incompatible with the aircraft and airport operations (such as, but not limited to, homes, schools, nursing homes, hospitals, and libraries). 29. Itinerant Operation (FAA AC 150/5325-48) — Takeoff or landing operations of airplanes going from one airport to another airport that involves a trip of at least 20 miles. Local operations are excluded. 30. Land Use Compatibility—The coexistence of land uses surrounding the airport with airport-related activities. 5 Page 39 of 182 31. Lighting and Marking of Hazards to Air Navigation— Installation of appropriate lighting fixtures, painted markings or other devices to such objects or structures that constitute hazards to air navigation. 32. Mitigation — The avoidance, minimization, reduction, elimination or compensation for adverse environmental effects of a proposed action. 33. Navigation Aids (NAVAID) —Any facility used by an aircraft for guiding or controlling flight in the air or the landing or takeoff of an aircraft. 34. Navigable Airspace — The airspace above minimum altitude for safe flight, and includes the airspace needed to ensure safety in takeoff and landing of aircraft. 35. Noise Exposure Contours — The lines drawn around a noise source indicating constant energy levels of noise exposure. For this ordinance, day-night average sound levels (DNL), which averages noise level over a 24-hour period of time, will be used as the measure to describe community exposure to noise. 36. Noise Impact—A condition that exists when the noise levels that occur in an area exceed a level identified as appropriate for the activities in that area. 37. Noise Sensitive Area (FAA AC 91-36D)— Defined as an area where noise interferes with normal activities associated with the area's use. Examples of noise-sensitive areas include residential, educational, health, and religious structures and sites, and parks, recreational areas (including areas with wilderness characteristics), wildlife refuges, and cultural and historical sites where a quiet setting is a generally recognized feature or attribute. 38. Non-Conforming Use—Any pre-existing structure, tree, or use of land that is inconsistent with the provisions of the local land use or airport master plans. 39. Object (FAA AC 150/5300-13)—Includes, but is not limited to above ground structures, NAVAIDs, people, equipment, vehicles, natural growth, terrain, and parked aircraft. 40. Obstacle Free Zone (OFZ) (FAA 150/5300-13)—The OFZ is the airspace below 150 feet above the established airport elevation and along the runway and extended runway centerline that is required to be clear of all objects, except for the frangible visual NAVAIDs that need to be located in the OFZ because of their function, in order to provide clearance protection for the aircraft landing or taking off from the runway, and for missed approaches. 41. Obstruction (FAA AC 150/5190-4A) — Any structure, growth, or other object, including a mobile object, which exceeds a limiting height, specific to its geographic location relative to the runway/airport. 42. Off-Airport Property—Property that is beyond the boundary of land owned by the airport sponsor. 43. On-Airport Property—Property that is within the boundary of land owned by the airport sponsor. 44. Overlay Zone — A mapped zone that imposes a set of requirements in addition to those of the underlying zoning district. 45. Primary Surface (FAA AC 150/5190-4A)—A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond 6 Page 40 of 182 each end of that runway; for military runways or when the runway has no specially prepared hard surface, or planned hard surface, the primary surface ends at each end of that runway. The width of the primary surface is set forth in FAR Part 77. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. 46. Primary Runway (FAA AC 150/5325-48 General Definition)—The runway used for the majority of airport operations. Large, high-activity airports may operate two or more parallel primary runways. 47. Public Assembly Use — Means a structure or outdoor facility where concentrations of people gather for purposes such as deliberation, education, shopping, business, entertainment, amusement, sporting events, or similar activities, but excluding air shows. "Public assembly use" does not include places where people congregate for relatively short periods of time, such as parking lots and bus stops, or uses approved by the FAA in an adopted airport master plan. 48. Public Use Airport (FAA AC 150/5190-6) — Means either a publicly owned airport or a privately owned airport open for public use. 49. Residential and Accommodation Uses — Mean a use category that includes the following use types: a. Residential uses that provide living accommodations, including sleeping, eating, cooking and sanitary facilities, to one or more persons, and where tenancies typically last longer than 30 days. b. Accommodation uses characterized by visitor-serving facilities that provide temporary lodging in guest rooms or guest units, for compensation, and with an average length of stay of less than 30 days. Accessory uses may include pools and other recreational facilities for the exclusive use of guests, limited storage, restaurants, bars, meeting facilities, and offices. 50. Runway Protection Zone (RPZ) (FAA AC 150/5300-13) —An area off the runway end designed to enhance the protection of people and property on the ground. 51. Runway Safety Area(FAA AC 150/5300-13)—A defined surface surrounding the runway prepared or suitable for reducing the risk of damage to airplanes in the event of an overshoot, or excursion from the runway. 52. Structure — Any object constructed or installed by humans, including, but without limitation, buildings, towers, smokestacks, and overhead transmission lines, including the poles or other structures supporting the same. 53. Utility Runway — A utility runway constructed for and intended to be used by propeller driven aircraft of 12,500 pounds gross weight or less. 54. Variance - An authorization for the construction or maintenance of a building or structure, or for the establishment or maintenance of a use of land that is prohibited by a zoning ordinance.A lawful exception from specific zoning ordinance standards and regulations predicated on the practical difficulties and/or unnecessary hardships on the petitioner being required to comply with those regulations and standards from which an exemption or exception is sought. 55. Visual Approach —An approach to an airport conducted with visual reference to the terrain. 7 Page 41 of 182 56. Visual Runway (FAA AC 150/5300-13) — A runway without an existing or planned straight-in instrument approach procedure. 57. Visual Flight Rules (VFR) (FAA FAR Sec. 170.3) — Rules that govern the procedures for conducting flight under visual conditions. The term "VFR" is also used in the United States to indicate weather conditions that are equal to or greater than minimum VFR requirements. In addition, "VFR" is used by pilots and controllers to indicate the type of flight plan. 58. Wetland—Land on which water covers the soil or is present either at or near the surface of the soil or within the root zone, all year or for varying periods of time during the year, including during the growing season. (FAA AC 150/5200-33A) Wetlands provide a variety of functions and can be regulated by local, state, and Federal laws. Normally, wetlands are attractive to many types of wildlife, including many which rank high on the list of hazardous wildlife species. 59. Wildlife Attractants — Means any human-made structure, land-use practice, or human-made or natural geographic feature that can attract or sustain hazardous wildlife within the landing or departure airspace or the airport's air operations area.These attractants include, but are not limited to, architectural features, landscaping, waste disposal sites, wastewater treatment facilities, agricultural or aquaculture activities, surface mining, or wetlands. 60. Wildlife Hazards — Means species of wildlife (birds, mammals, reptiles), including feral animals and domesticated animals not under the control, that are associated with aircraft strike problems, are capable of causing structural damage to airport facilities, or act as attractants to other wildlife that pose a strike hazard. Section 7—Air Space Obstruction Zones The Airport Height Overlay Zoning Districts are illustrated on the official Waterloo Airport Land Use and Height Zoning Map, attached and made part of this Ordinance. Such official Airport Land Use and Height Zoning Map may be amended, and all notations, references, elevations, data, zone boundaries, and other information thereon, is hereby adopted as part of this Ordinance. Section 8—Land Use Safety Zones FAR Part 77 Surfaces and RPZs have been combined to create five airport overlay zones.These five zones are designed to maintain compatible land uses around the Airport. The zones shall be evaluated for compatible land uses. 8.A Definition of Zones Five airport overlay zoning districts are prescribed within this Ordinance. Specific dimensions for the individual zones for each runway end are noted in the following tables and text. The Airport Land Use and Height Zoning Maps should be evaluated to determine the specific area of impact associated with each zone. Zone A— Runway Protection Zone (RPZ) Zone A is intended to provide a clear area that is free of above-ground obstructions and structures. This zone is closest to the individual runway ends. The dimensional standards for this zone are the same as those described in the Airport Design AC (AC 150/5300-13 Change 11) and are shown in the following table. 8 Page 42 of 182 Table 1: Zone A Dimensional Re uirements Approach Dimensions Runway Ends Visibility Length Inner Width Outer Width RPZ acres Minimums' L feet W, feet Wz feet Runway 6 Non Precision 1,700 1,000 1,510 48.978 Runwa 24 Non Precision 1,700 1,000 1,510 48.978 Runwa 12 Precision 2,500 1,000 1,750 78.914 Runway 30 Non Precision 2,500 1,000 1,750 78.914 Runway 18 Non Precision 1,700 1,000 1,510 48.978 Runway 36 Non Precision 1,700 1,000 1,510 48.978 ' The RPZ dimensional standards are for the runway end with the specified approach visibility minimums. The departure RPZ dimensional standards are equal to or less than the approach RPZ dimensional standards. When an RPZ begins other than 200 feet beyond the runway end, separate approach and departure RPZs should be provided. Refer to FAA AC 150/5300-13, Change 11, Appendix 14 for approach and departure RPZs. Source: FAA AC 150/5300-13, Change 11, Airport Design Standards Zone B—Approach Surface Zone B is a critical airport overlay zoning surface that reflects the approach and departure areas for each runway at an airport. The size of Zone B is predicated upon the type of approach (visual, non-precision, or precision) that a specific runway has and the type/size of aircraft utilizing the runway. The following table illustrates the various sizes of Zone B based upon the specific runway criteria. A portion of Zone B is overlain by Zone A because the approach surface and RPZ overlap the entire length of the RPZ. Consequently, the length of Zone B begins at the inner edge of the RPZ. Zone C—Transitional Surface Zone C includes those areas that are parallel to the runway pavement and extend 1,050 feet from the edge of the primary surface paralleling the runway and extended runway centerline until they reach the end of Zone A at a 90 degree angle. The specific dimensions for Zone C are based upon various options for the primary surface that is predicated upon the type of approach and critical aircraft. Zone D— Horizontal Surface Zone D is typically elliptical in shape, depending upon the runway types and configurations at individual airports. Zone E—Conical Surface Zone E is the outermost zone of the airport overlay zoning areas and has the least number of land use restriction considerations. The zone begins at the edge of the horizontal surface and is 4,000 feet in width paralleling the horizontal surface. 9 Page 43 of 182 Table 2: Airport OverlayZones B-E Dimensional Standards Ru way Dimensional Standards Feet Item Runway Runway Runway Runway Runway Runway 6 24 12 30 18 36 Primary surface width and 500 500 1,000 1,000 500 500 Zone B inner width Zone B end width 3,500 3,500 16,000 4,000 3,500 3,500 Zone B length 10,000 10,000 10,000* 10,000 10,000 10,000 Zone C width 1,050 1,050 1,050 1,050 1,050 1,050 Zone D radius 10,000 10,000 10,000 10,000 10,000 10,000 Zone E width 4,000 4,000 4,000 4,000 4,000 4,000 *The length of Zone B for a precision instrument runway is 10,000 feet for the purposes of the land use zone. The FAR Part 77 surface which it is based upon extends for an additional 40,000 feet. Source: FAA AC 150/5300-13, Change 11, Airport Design Standards 8.13 Zone Compatibility The following tables shall be utilized to evaluate land use compatibility for various land use classifications. Uses identified as compatible shall not require additional review. However, consideration should be given to the following areas of concern: 1. Noise sensitive related issues 2. High concentrations of people 3. Tall structures 4. Visual obstructions 5. Wildlife and bird attractants 6. Flammable substances and materials 7. Electrical, navigation, and radio interference Uses found to be NOT compatible shall be precluded from development within the specific zone. Uses found to require additional review shall be evaluated for general compatibility utilizing the Compatible Land Use Planning Checklist and the seven primary areas of concern noted above. 10 Page 44 of 182 Table 3: Waterloo Regional Airport Zone Chart C= Compatible AR =Additional Review Required NC = Not Compatible Land Uses Zone A Zone B' Zone C' Zone D Zone E Residential Activities Single Dwelling Unit Uses 1 dwelling er lot Detached Single Dwelling Unit(i.e. farm dwelling, detached single home, NC AR AR AR C manufactured/modular homes if converted to real property and taxed) Detached Zero Lot Line Dwelling(i.e. NC AR AR AR C condominium) Attached Single Dwelling Unit(i.e. NC AR AR AR C townhouses) Two Dwelling Unit Uses (i.e. two principal dwelling units within one NC AR AR AR C building on the same parcel) Multi-Dwelling Unit Uses (i.e. three or more principal dwelling units within a single building on the same parcel, apartments such as condominium, elder, assisted living, townhouse-style) Low-Rise 1-3 levels NC AR AR AR C Group Living Uses (i.e. assisted living, group care facilities, nursing and NC AR AR AR C convalescent homes, independent group livin Manufactured Housing Parks NC AR AR AR C Commercial Activities Eating and Drinking Establishments (i.e. restaurants, cafes, coffee shops, NC AR AR C C fast food restaurants, bars, nightclubs, taverns, cocktail lounges) Quick Vehicle Servicing Uses (i.e. full-serve and mini-serve gas station, NC AR AR C C unattended card key service stations, car washes Office Uses i.e. business, government, professional, medical, or financial General Office (i.e. professional offices, financial businesses, government NC AR AR AR C offices Low-Rise 1-3 levels NC AR AR AR C Medical/Dental Office (i.e. medical and dental clinics, chiropractic clinics, NC AR AR AR C physical therapy clinics Retail Uses i.e. sale, lease, or rent of new or used products) Sales-Oriented(i.e. appliances, convenience stores, bakeries, electronics, furniture, garden supplies, NC AR AR AR C gas stations, groceries, hardware, malls, strip malls, videos Personal Service-Oriented(i.e. retail service-banking establishments, laundromats/dry cleaning, quick printing NC AR AR AR C services, beauty/tanning salons, funeral homes 11 Page 45 of 182 C= Compatible AR =Additional Review Required NC = Not Compatible Land Uses Zone A Zone B' Zone C' Zone D Zone E Repair-Oriented(i.e. consumer goods- electronics, office equipment, NC AR AR AR C a liances Hospitality-Oriented(hotels, motels, convention centers, meeting halls, NC AR AR AR C event facilities Low-Rise (1-3 levels) NC AR AR AR C Outdoor Storage and Display-Oriented (i.e. outdoor storage-lumber yards, vehicles sales, landscape material and NC AR AR AR C nursery product sales, farm supply and equipment sales Surface Passenger Services (i.e. passenger terminals for buses, rail NC AR AR C C services, local taxi and limousine services Vehicle Repair Uses (i.e. vehicle repair or service shops, alignment NC AR AR C C shops, tire sales Industrial/Manufact ring Activities Industrial Service Uses (i.e. machine shops, tool repair, towing and vehicle storage, building supply yards, NC AR AR AR C heating/plumbing/electrical contractors, exterminators,janitorial services, fuel oil distributors, solid fuelyards) Manufacturing and Production Uses (i.e. manufacturing, processing, fabrication, packaging or assembly ofgoods) Technical/Light Manufacturing(i.e. electrical components, engineering, scientific and research, office, computer NC AR AR AR C hardware/software, optical, pharmaceuticals, printing/photo facilities, publishing) General Manufacturing(i.e. manufacturing, compounding, NC AR AR AR C assembling or treatment of most articles, materials, or merchandise Heavy Manufacturing(i.e. concrete and asphalt plants, meat packing plants, wet corn milling, manufacturing of NC AR AR AR C animal feed, paper/paperboard mills, ethanolplants) Mining and Extraction Uses NC AR AR AR C Salvage Operations (i.e. firms that collect, store, and dismantle damaged NC AR AR C C or discarded vehicles, machinery, appliances, and building material Self-Service Storage Uses (i.e. mini- NCC C C C warehouses/storage facilities 12 Page 46 of 182 C= Compatible AR =Additional Review Required NC = Not Compatible Land Uses Zone A Zone B' Zone C' Zone D Zone E Warehouse and Freight Uses (i.e. major wholesale distribution centers, general freight storage, railroad NC C C C C switching yards, bus/rail car storage lots, parcel service, grain terminals Waste-Related Uses (i.e. recycling centers, sanitary landfills, waste transfer stations, composting, energy recovery plants, sanitary and water AR AR AR AR AR treatment facilities, sanitary collection/pumping facilities, hazardous waste collection sites Wholesale Sales Uses (i.e. sale, lease, or rental of products to retailers NC AR AR AR C for industrial, institutional, or commercial business users Institutional Activities Basic Utility Uses (i.e. utility substation facilities, electrical NC AR AR AR C substations, water and sewer lift stations, water towers College and Universities (i.e. public or private colleges and universities, NC AR AR AR C technical colleges, seminaries Community Service Uses (i.e. public, nonprofit, or charitable nature providing a local service to the people General Community Service (i.e. libraries, museums, transit centers, park and ride facilities, NC AR AR AR C senior/community/neighborhood centers, police and fire stations Community Service-Shelter(i.e. NC AR AR AR C transient housin Daycare Uses (i.e. childcare centers, adult daycare, preschools, after school NC AR AR AR C programs) Detention Facilities (i.e. prisons,jails, probation centers,juvenile detention NC AR AR AR C homes, halfway houses Educational Facilities i.e. public and private schools General Educational Facilities (i.e. public and private elementary, middle, junior, and senior high schools NC AR AR AR C including religious, boarding, military schools Specialized Education Facilities (i.e. specialized trade, business, or NC AR AR AR C commercial courses, non-degree- granting schools 13 Page 47 of 182 C= Compatible AR =Additional Review Required NC = Not Compatible Land Uses Zone A Zone B' Zone C' Zone D Zone E Hospitals (i.e. hospitals, medical centers) NC AR AR AR C Religious Assembly Uses (i.e. churches, temples, synagogues, NC AR AR AR C mosques, Masonic, eagles, moose, or elk lodges) Infrastructure Activities Communication Transmission Facility Uses (i.e. broadcast, wireless, NC AR AR AR AR point to point, emergency towers and antennae Parking Uses (i.e. ground lots, parking AR C C C C structures Transportation Uses (i.e. highways, AR C C C C interstates, local and county roads Utility Uses (i.e. solar power generation equipment, wind generators, NC AR AR AR AR wind farms Agricultural Uses i.e. commercial cultivation of plants, livestock production Plant-related(i.e. crop farming, vegetable, fruit, and tree, wholesale C C C C C plant nurseries Animal-related(i.e. livestock AR AR AR C C operations, dairy farms, horse farms Resident-related(i.e. single unit home, mobile home if converted to real NC AR AR AR C propertyand taxed Facility-related(i.e. fuel bulk storage/pumping facility, grain elevator, NC AR AR AR AR livestock/seed/grain sales Water Bodies i.e. open bodies containingwater , Wildlife Areas, and Floodplains Man-made resources(i.e. mining and extraction, water detention ponds, NC AR AR AR AR wetlands Naturally occurring (i.e. lakes, ponds, prairie pot holes, rivers, streams, NC AR AR C C wetlands Wildlife Preservation Areas (i.e. petting zoos, wildlife rehabilitation NC AR AR AR C centers, zoos Floodplains AR AR AR C C Parks and Recreation Activities Commercial Recreational Uses i.e. facilities used for physical exercise, recreation, or culture Outdoor(i.e. campgrounds, tennis/swimming facilities, drive-in theaters, skating rinks, pavilions, NC AR AR AR C amphitheaters) 14 Page 48 of 182 C= Compatible AR =Additional Review Required NC = Not Compatible Land Uses Zone A Zone B' Zone C' Zone D Zone E Indoor(i.e. physical fitness centers, health clubs, bowling alleys, skating rinks, billiard halls, arcades, indoor NC AR AR AR C theaters) Golf(i.e. golf driving ranges, outdoor NC AR AR C C miniature golf, 9+ hole courses) Utility Uses (i.e. amusement/theme parks, fairgrounds, racetracks, sports NC AR AR AR AR arenas) Parks (i.e. aquatic, mini, private, sports, neighborhood, school, NC AR AR C C community) Casino NC AR AR AR C 1 Table 3, including both the land use and height restrictions (FAA Part 77), shall apply to areas defined as "Zone B" and "Zone C' inside of the Conical Surface ("Zone E"), as shown on the Airport Land Use and Height Zoning Map. For areas defined as"Zone B" and "Zone C' outside of the Conical Surface ("Zone E"), only the height restrictions (FAA Part 77), as identified on the Airport Land Use and Height Zoning Map, shall apply. Section 9—Airport Overlay Zoning Maps The Airport Land Use and Height Overlay Zoning Districts established by this Ordinance are shown on the Airport Land Use and Height Zoning Maps. Such Official Airport Land Use and Height Zoning Maps may be amended, and all notations, references, elevations, data, zone boundaries, and other information thereon, is hereby adopted as part of this Ordinance. Section 10— Ordinance Administration It shall be the duty of the Waterloo City Planner, Cedar Falls City Planner, and Black Hawk County Zoning Administrator, referred to herein as the "Airport Zoning Administrator," within their respective jurisdictions to administer the regulations prescribed herein for their respective communities. Applications for permits and variances shall be made to the appropriate Airport Zoning Administrator upon forms furnished by said Airport Zoning Administrator. Applications for action by the Airport Board of Adjustment shall be forthwith transmitted by the Airport Zoning Administrator should an applicant request review. Permit applications shall be either granted or denied by the appropriate Airport Zoning Administrator according to the regulations prescribed herein. Section 11—Airport Overlay Zoning Permits It shall be the duty of the applicant to provide the Airport Zoning Administrator with sufficient information to evaluate the proposed action. This information shall include but not be limited to the following as noted in the Compatible Land Use Planning Checklist: • Contact information • Structure information • Site information • Drawing information 15 Page 49 of 182 • Certification • Identify current and potential compatibility concerns The Airport Zoning Administrator shall evaluate the proposal based upon information provided by the applicant.The Airport Zoning Administrator shall approve the permit if after evaluation,the proposed project is found to be adequately compatible. Should the proposed project be found to be incompatible after review, the Airport Zoning Administrator shall deny the permit. Should the permit be denied, the applicant shall have the right to request a variance or an appeal as prescribed in this Ordinance. Section 12—Hazardous Markings and Lighting Lighting and marking requirements will be determined through an FAA 7460-1 airspace analysis.The owner of any structure, object, natural vegetation, or terrain is hereby required to install, operate, and maintain such markers, lights, and other aids to navigation necessary to indicate to the aircraft operators in the vicinity of an airport the presence of an airport hazard. Hazardous markers and lights shall be installed, operated, and maintained at the expense of the jurisdiction. Section 13—Height Limitations No structure, object, natural vegetation, or terrain shall be erected, altered, allowed to grow or be maintained within any airport zoning district established by this Ordinance to a height in excess of the applicable height limitations set forth in this Ordinance. The permitted height shall not exceed the difference between the grade elevation and the height limitation numbers illustrated on the "Official Waterloo Airport Land Use and Height Map" within the various airport zoning districts encompassed by this Ordinance. An FAA 7460-1 airspace review shall provide a portion of the information necessary to evaluate potential height impacts. However, it shall not be the sole source of review. Section 14—Airport Zoning Commission The commission so appointed shall be known as the Airport Zoning Commission. In adopting, amending, and repealing airport zoning regulations, the governing body of a city shall follow the procedure in Iowa Code Sections 414.4 and 414.6 and the board of supervisors of a county shall follow the procedure in Iowa Code Sections 335.6 and 335.8. The Airport Zoning Commission shall adopt operating rules or guidelines. The Airport Zoning Commission shall consist of seven total members, two members from the Planning and Zoning Commission of each jurisdiction and one additional member, who is the Airport Director. The chairperson of the Airport Zoning Commission shall be selected and reappointed by a majority vote of the members serving on the Airport Zoning Commission. The terms of the members of the Airport Zoning Commission shall be determined by the Iowa Code. Members may be removed for cause by the appointing authority upon written charges after public hearing. Vacancies shall be filled for the unexpired term of any member whose office becomes vacant in the same manner in which the member was selected. Section 15—Airport Board of Adjustment The governing bodies of the jurisdictions under this ordinance shall provide for the appointment of an Airport Board of Adjustment, as provided in Iowa Code Section 414.7 for a city, or as provided in Section 335.10 for a county. The Airport Board of Adjustment has the same powers and duties, and its procedure and appeals are subject to the same provisions as established in Iowa Code Sections 414.9 to 414.19 for a city, or Sections 335.12 to 335.16 and 335.18 to 335.21 for a county. The Airport Board of Adjustment shall adopt operating rules of procedure. 16 Page 50 of 182 The Airport Board of Adjustment shall consist of seven total members, two members from each jurisdiction and one additional member, the Airport Director. The chairperson of the Airport Board of Adjustment shall be selected and reappointed by a majority vote of the members serving on the Airport Board of Adjustment. The terms of the members of the Airport Board of Adjustment shall be determined by the Iowa Code. Vacancies shall be filled for the unexpired term of any member whose office becomes vacant in the same manner in which that member was selected. Members shall be removable for cause by the appointing authority upon written charges and after public hearing. The concurring vote of a majority of the Airport Board of Adjustment shall be necessary to do any of the following: a. Reverse any order, requirement, decision, or determination of any administrative official. b. Decide in favor of the applicant on any matter upon which the board is required to pass under any regulations adopted pursuant to Iowa Code Chapter 329. c. Effect any variance from any regulations adopted pursuant to Iowa Code Chapter 329. Section 16— Variances Any person desiring to erect, alter, or increase the height of any structure, object, or to permit the growth of any natural vegetation, or otherwise use their property in violation with any section of this Ordinance, may apply to the Airport Board of Adjustment for variance from such regulation. No application for variance to the requirements of this Ordinance may be considered by the Airport Board of Adjustment unless a copy of the application has been submitted to the Airport Zoning Administrator for an opinion as to the aeronautical effects of the variance. No variance shall be granted unless evidence shows all of the following: (1) that the regulations contained herein create practical difficulties where strict or literal interpretation or enforcement would create an unnecessary hardship prohibiting the use of the property in manner reasonably similar to that of others in the zone; (2)the request has a uniqueness that is not common in the zone in which the property is located; (3)the request is not contrary to the public interest; and (4)the spirit and intent of the ordinance shall be observed and substantial justice done. There shall be a non-refundable application fee paid by the applicant to the appropriate jurisdiction. Said fee will be set by resolution of each jurisdiction. Section 17—Appeals Any person, property owner, or taxpayer impacted by any decision of this Ordinance may appeal to the Airport Board of Adjustment. Such appeal, by application, shall be taken to the Board within a reasonable time, but not longer than thirty (30) days. The Airport Zoning Administrator shall forthwith transmit to the Airport Board of Adjustment an application and all documentation constituting the record upon which the appealed action is requested. In exercising their powers,the Airport Board of Adjustment may, in conformity with the provisions of the law, reverse or affirm,wholly or partly, or modify the order, requirement, decision, or determination as it believes proper and to that end will have the powers of the Airport Zoning Administrator. There shall be a non-refundable application fee paid by the applicant to the appropriate jurisdiction. Said fee will be set by resolution of each jurisdiction. The concurring vote of four 4 members of the Airport Board of Adjustment shall be necessary to reverse any order, requirement, decision or determination of the Airport Zoning Administrator, or to decide in favor of the applicant on any matter which it is required to pass under this Ordinance, provided that the action of the Airport Board of Adjustment shall not become effective until after the written decision or resolution of the Airport Board of Adjustment, setting forth the full reason for its decision and the vote of each participating member as documented in its minutes. Said written decision or resolution shall be filed in the office of the Airport Zoning Administrator and shall be open to public inspection. 17 Page 51 of 182 Section 18—Judicial Review Any person aggrieved, or any taxpayer affected, by any decision of the Airport Board of Adjustment may appeal to the Court of Record as provided in Iowa Code, Section 414.15. Section 19—Penalties If any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, or land is used in violation of this Ordinance, the appropriate City or County may, in addition to other remedies, seek injunctive relief,commence a municipal or county infraction action, mandamus, or other appropriate lawful action necessary to prevent, correct, or abate such violation. A violation of this Ordinance shall be deemed a violation of the appropriate City or County Code and thus constitute a municipal or county infraction, a civil offense punishable by a civil penalty, order of abatement and the entry of a judgment for costs of abatement or correction, pursuant to Iowa Code section 364.22 or 331.307. Any construction started without a permit or which does not comply with the requirements of the corresponding Code of Ordinances shall be removed immediately. The City Council or County Board of Supervisors may, without limitation, provide for the abatement of such infraction, and may pursue any combination of remedies available. Each day that a violation is continued shall constitute a separate violation. Section 20—Nonconformities Any pre-existing nonconforming structure, tree, or use, shall not be replaced, rebuilt, altered, allowed to grow higher, or replanted, so as to constitute a greater airport hazard than it was when this Ordinance or amendments to it were adopted. A nonconforming structure in existence at the adoption hereof that was not a lawful, or authorized under previous zoning ordinances, shall not be authorized to continue as a nonconforming building or structure pursuant to this Ordinance, or amendments thereto. Nothing in this Ordinance shall prevent the strengthening or restoring to a safe condition any part of any building or structure declared unsafe. It is the intent of this Ordinance to permit these non-conformities to continue until they are removed or abandoned, but not to encourage their survival. Further, any nonconforming structures, buildings, uses, parcels, or lots shall be subject to the nonconforming regulations of the community in which the property in question is located. Section 21— Conflicting Regulations Where there exists a conflict between any of the regulations or limitations prescribed in this Ordinance and any other regulations applicable to the same area, whether the conflict be with respect to height or structures, the use of land, or any other matter, the more stringent limitation or requirement shall govern and prevail. Section 22— Severability If any provision of this Ordinance, or the application thereof to any person or circumstances, is held invalid or unconstitutional by a court of competent jurisdiction, said holding shall not affect other provisions or applications of the Ordinance,and to this end,the provisions of this Ordinance are declared to be severable. Section 23—Adoption,Amendment, and Repealing Regulations In adopting, amending, and repealing airport zoning regulations, the governing body of a city shall follow the procedure in Iowa Code Sections 414.4 and 414.6 and the board of supervisors of a county shall 18 Page 52 of 182 follow the procedure in Iowa Code Sections 335.6 and 335.8. Any and all amendments made to this Ordinance shall also be made in accordance with Section 14, contained herein. Section 24—Effective Date This is an ordinance repealing the Waterloo Municipal Airport Zoning Resolution and Ordinance of the City of Waterloo, Iowa, including Airport Zoning Map and all of the amendments thereto; And enacting in lieu thereof as new Ordinance Number , the City of Waterloo, Iowa Airport Zoning Ordinance including Airport Land Use and Height Zoning Map, and it shall be integrated into the Waterloo City Code of Ordinances. Ordinance Number is an ordinance created for the purpose of protecting health, welfare, and public safety within a specific area of Waterloo in proximity to the Waterloo, Iowa Airport. Ordinance Number "The City of Waterloo, Iowa Airport Zoning Ordinance", as adopted, shall be in full force and effect upon publication, recording, and/or posting, as may be required by law. Adopted by the City Council of Waterloo, Iowa. Mayor Date Waterloo, Iowa Attest: City Clerk Date Waterloo, Iowa 19 Page 53 of 182 w M e �y� � O e of i , 7 ........_... ........_. m a Y ell,40 o +a s m , ...................._ i D, E _ Ax Ow o0 Waterloo Airport Zoning Ordinance Overview November 2017 1. IDOT Office of Aviation manages (at the state level) all airports in Iowa. 2. IDOT Office of Aviation contracted with Mead Hunt (Aviation Engineering Consulting Firm)to develop an Aviation Land Use Guidebook and conduct training in conjunction with the Iowa State University's Land Use Planning Workshops. FAA and IDOT Office of Aviation funding is used to complete these tasks. The Guidebook was designed to comply with all FAA and Iowa aviation and zoning regulations. Here is a link to the Iowa Airport Land Use Guidebook: http://www.iowadot.gov/aviation/airports/lowaAirportLandUseGuidebook2008.htm 3. Mead Hunt and the IDOT Office of Aviation utilized a Land Use Advisory Committee to assist in the development of the Guidebook. Said Committee included IDOT, aviation experts, airport managers, pilots, land use planning professionals, university officials (land use law and zoning expert), the attorney general's office, municipal representatives, COGS, and other state agencies. 4. The resulting Guidebook contains the following, which were used in development of the proposed ordinance. a. Ordinance Outline (Chapter 4; Appendix Q) b. Ordinance Map Examples (Chapter 4) c. Ordinance Checklist and Permit Application (Appendix J) 5. IDOT Office of Aviation approached the Iowa Association of Regional Councils in 2013 about a Request for Proposals (RFP)funding for Airport Ordinance work. Funds were required to be used to adopt new regulations or upgrade existing regulations. 6. County seat airports in the INRCOG region were listed as eligible applicants based on the either the lack of regulations or dated regulations in place at that time. 7. The Waterloo Airport was selected as a funding recipient from IDOT Office of Aviation. The Cities and County provided the matching funds. The City of Waterloo contracted with INRCOG to develop the draft ordinance (text, map, and checklist/application). 8. As noted above,the Guidebook was the source for the proposed ordinance (text, map, and checklist/application). Incidentally,this is the 5th draft of these documents. 9. Prior to this point,the draft (text, map, and checklist/application) was submitted and has been reviewed by the IDOT Office of Aviation,which provided written comments indicating they saw nothing objectionable in the draft. Specifically stating that "nothing caught my attention for needing revision". 10. Today,you have the reviewed draft before you... Page 55 of 182 � -ALS 1Nj 'ONY'N01133S d0 113il=6 18V3111n0$''3H1 !O U319VB13 1S31(��,33tlN1AH11109 314j Olu-A1d1Nj 'ON N011235 !0 N31bYfle 1S3AHIVON 3141"!0 d tYM�3N0'lSV3 314j, '• �( ) oAl-AlalHi '014 N011�3$ !O a31dYR�'1S91�W100 3Ht d0 d7YH 3P1Q 1SY3 3N� , P �(ac) OAl AltllHj 'ON NOli33S !0 d31dVo8 iSY3H1f10S 3Nj ' Y . •.T Norto3$ !Q a31ar� 35Y3H1a0N 3141`' - ' '1WO NOltd ,3N1 A6 033Yd6N3 SONYl 3141 ONY 1dOdaIy wel 1-3 1 Nnw,00-1 83 3141 SNV314la0dtll 'aV'If10N19 3Wi 3Qd13N1 lltlNB'1tltlAld 3141 0Nd lVailld 3141 3Q1113`1 llVNS aY1l10NIS 3141 ' ONV MAU 3Hi 3OI113N1 TIYHS 3$1431 1N3S38d,3H1 N1 035R SO:OM •39311dV SIN! NI 03OIAOtld SVQ30tl15N0?''- 38 IIYHS SOtlOA ONY.S14d31 Nldld33 to 3slna3d jsfAkj3N.LO 1X311403 3141 SS3lNA �33NYN1080 ONY NOIl11TOS3a SIN1 NI'03S11 Sb •I N01133S 1 SNO W N 1330 •I I TO 1"V ''33NYNIOtln ONV NDI11110S3a CHI NOZ 1110da11;►.tYd13IINnW OOld31VM 3141 SV I 03113 30 AYM ONY NAONA 3S 'INNS 33NVNIOtlO ONV NO1An-116 30 IN1 'I 1461133S y � I 31111 lWHS •1 To 11atl VJ�901 '�S'11V� MUM ONV 001831VM d0 S31 j 10:,3kJ61.S V=103 112.3Nj J18 Q3II I V02iD 0NV AiNf107 YMH }13d19 J0 SWSIMIMS 30 OW66 3Hj'Aid 03A•10S30`11 39 I r" ON13113H1 tN3WLS3ANf "31?Sfld 3Hl ONV laOddlV`dlVS !0 All lllfl 341 !O 1N3Ntl'IYdWFW 1401!011111930 3141 9NllN3A3ad ONV l03V3H1 4IlM1 31Au3H1 NI SNOSa3d x31410 ONY ONVI lO.S1NYdf1330'!0 ONV 1tlOdaf`/ lVdIOWN OOlI tl31VM 3111 !O SUM 3H1 !0 Altr d d ONV 63All 3141 UNI 13310ad A8383111, 116HNS1lSV163 dO N01Y3tl3 3141 ON11N3A3tld AG'CIfAO1 4"" N*Yig.10 INOOD ,3141 ONV 'fVA01 4519Vj 11VQ33 VAOI QOltl31YM !0 1 831115, 3X1 !O S1NY11eY4N1-3N1'3Q' 3atlll3Al�1tltl3N3'J ONY•AL3JVS,- 1411V214 711WW 3141 ON110MOUd !0 390ddlld 3141 a0! ONV. 01303141 S1N3HON3NY ONd 1 IVA01 !0 3003 3H1 !O' I ONV � ,51131dVN� Ae 03tld3lNO3 Al1a0N1fiV 3141 !0 33NVf1Safld 141 •S311WN3d !DNISodH1 ONY 'IN3H ,Lsnrov k-0M 9 V VN I Hs 1 Z9V1S3 �1N"maoaw3.aod smamw 'N13�13H ©3sn SM31'NIVla33'JNIN1! .-30 'S 3NO2 HORS 30'01aVN1109 (INV, z SNO f i0 WIS3a 3Hl-head ONV IMA WJ VNIGIAOad 'N13a3141 SNOj -V11H11 3Sn'GW 1HO13H (WV .403834 s318VONn09'3141 ONIHS118V1S3 ONV 'MOZ 9NINanl QNV HOVOaddV MdUIV J 5N I jV3a3'.A9 18WH I V lVd 171 NfIW Pw 00.1831VM 3H1 AO A1IN10IA 3Hj NJ -• Jt103d0ad A3Sn 3141 JNI1VlnJ a , A,aaaa�,t��vr��ttill r r •. 3SIMM10 ad HiMA89 'IV0MV iap,c�•a �7 '� ".~lr-�,^r� S103r@0 ONV S38613najs ao 114`11314 ��ar� r� 3141 ON I D I 141930 ONV oN I lV 1n930 p0p,q�w pae'w .....0 30NVN I OW ONV N011111008 tN IOr L '61 Z"E%' p,o3al jo pried �''aL',UI dl U0 NhtitlH NUVIa . 0991'r F;Y. 614 ^>s i0 11i011I�QfYC #0JN11 MfIICN 3N1 E1NOilli63M 3DN3H1lAY HiaoN 3111 01 Qrpa SS3m alrS 3o 3N1? N31N30 3H1 Nil- 137r21Vd 61 W2 3N11 Y '3fd07Y 14111109 37N3H1 :133# ( � a3aGNfkH3Aid JO 33NrLSla Y NOILD3$ g1YS;JO 3911 H1AOS 3N1'�N11A 1311VVVdSO N31NA 3N17 v ON01V iSV333N3Hi •133J (00q) QUONAH MW-j JO 33NVLSfQ V gVOtl 55333r OlYS JO 3NIi 1131NZI3 391 d0 16Y3 1394 (Qg) A1XIS oNr H11.11 1319raYd CI NDI.A 3N11 V VN07V,H1a0N (AVp%do 4"D 18 OIVS,J0 3N17 Hl X11 2141 ON07V O3etn6r3N 6V N01103$�OlY'S JO 3N1�,7 163M 3111 30 16Y3 133J (6 Z9fi) SHiN3i-3NIN,gNr OA1 A1Xi5.03aQNAH 33aHj S1 Qroa 1111333.V J0 3911 1131X33 ND1NA) laodulyl 1Vd1318,Ay1 O01tl3trM 3111 01 Y7YOtl"58333V 7111 4031111 1131930 391 do LSV3 1333 tog) iixIS SI HDIHA 0r01111Ya�'IrtliH3� Si0Ni1i1 3111 #0 AV "JO M j 1N91b,3H1 JO 3911 H1ffON.3"Ll0:ANIOd V LY ONO ON3NN03 :Sl1011gd By (3381b9S313 do i -3tl3H1 lard LrNl pN11d33X3 OS7V, l4NINNI03B d0 33r1d 3111.01 1 3d (£'g?,z) 6111931 j -3311111 ONV 111013-A1N3 031101tA>i 0 P1j'JO 33NV1810 Y;15V3 33M3111 S NOI173S_'61_VO d0, 31V11'Nl(t0$ 3111 O.L. 133# (�• � SN1N31-3311111 ONV 1ti013-A13Ni 03a0NAH 33aHj JD 33NYLSlO V N1f105 33NUA •.333 (9• � 6111931 X18 ONV 3919+A1N Aj Q3a0N11H QAj d0' 33NV1S10 V AVM d0 1HOla a,WS 40 3Nt7 Aia3HIMS 391 9N01r A1a3183iy 3093111 :AVM #0�1N9119 gIVB.d0.3H11,A7tl3H1A0$-391 Ol`133J (it9£� tfAOJ-A1X1$^03tlONnH 33UHL JO.3DIfV1510 Y NLUON 30N31fL lN01;335,:Q two 40:tl3iaYll�'LS3PW1n0$ 3111 d0 11rk -390 4S3M 3111 JO 1131111100 1SVinnOS 3HL lY"ONINNIO3Q iSA07i0 6r. 030I119630 #0 ' ' ' -3113NL Lvvd lv"L 1d333 a" -Ilya VlNON1711`aHl JO AVM JO 1HDIa 3111 �• Ld32X3 (h) Vnoj 'ON NO1133SJO 113111VIM LS3ANinos 3HL d0 Jim- 0 183M 3111 - :OVoll'"S 1VNLN33 SION1111.3HI-io AVM JO 1H01 3H 4d33X3 (11� tlnoj 'QN N01102S"JO a31mo 1S3AHjnOS MHJOJ1VH13No 16V$ 3HL • • i �Ov0a71V21 7Va1N31 6ION1771 3Nt aO AV pI dO 111pIj1 3111 1 1d37X3 ( � pj`•OW pp 11335 JO a31aY11b 1BV3N1A0$ 3161i':40'J1V14-3111) 193A 3Nj 1 f(hy anOj -Oh N011D3s #0 a31vvno 7rN011DVaj 15 AH1tlON 3Hj 'ON H01133S d0 V31VV40 1VNoI1DVdJ 1SV3H4VON 3N1 d0 a3larn0.ls3iAlILAOS 3Hj i � z ,• { ,.. s(4� artoj i •�N 901133$ 40 N3Ltivnb 7YN0143raj m3H1a0N 3111 JO J 1v11-3NQ 1VN01.10YaA,k1a0N 3HL JO 93aSd SN103a0AfnH LH913•AlalHj OHV N3A35-ALalHj,19:3A 3Nj. ; :aV0a1fr21 iVULN33 SION111) 3HL JO AVM JO,111SIa 31,11 Jo HlaON 9HIAi (Sr 3Alj -ON N011D3$!0 Buba i83AH1np$ 3111 40 lav 1rHl Illy, tavoa71Va 7Va1N33 SION1111 3HL 40 ' AYM do 1NOIa 3111 Ld33X7i 3A1 1 (s/ j 'ON N01�33$ 30 a31arAO 1SV3HLA05 3Hj,' i(5) 3AIJ 'ON 901133$ JO JlvH-3Np 1VNo113Vad 11161109 3 I j ' •VADI Wmnoo 3W VH NDr7Q /"101113W 1VdID -Ht ad (N1�� N1J1� 3HL J0 163M (£1? N33LUIHj •ON 30Nr1J eN1aoH (Q16� A13NIN ON aIHSNAOj NO I'M f(CF) 3311111-Allift 'ON N014339 d0 a31arA0 LS31IHinO$ 3Hj f ([�� ,. 96[�7 9ivd P o """*T33!'00•pph 1s3M 0 H1n0$ 30N3M1 tDNINNID38 Jd 1NIOd Y Ol4331 66000 123M . = ONY 1331'804ZIZC HAWN 390311v!NV IQ1tl3W lVilI2NII+d H15 3HS.d0 10314,CI 30NVU I + ' 1Nla0N (�'dIHSMAOj ft NO U335'JO VAS7N1 J0 B3Ntl00,,3$ 3Ht.lY DNi0N3NN01 j :SAOIIOJ SY 038.0119930 SI H31101:30d11tl3LN73 V JO 3015 H9Y3 0 1331 Qsa �M1QIA MI 133! og eft"a �dltliS OM1oNY7 14-33.111.'03061011130 0NY1 !0 d1UIS d t QNY l233J 00.00!.0}, ISM '0M HIMON 30N3H1•10NINNID38'J0'iN10d � Ol 133! }.0£•046 I 163A QRV 133! Fq*60E% HINON 32 113Nl rtiYl01a7W tYd(ONitld Hls 3N1 !a,(�187Jy£I 1 < 30NYa•�H1tlON dINSNAOj 1}.0 .01011935 JO 3N1 40,113110T 35 3H2 1Y 0N19N3NH00 � :SAO11pJ SY 038ta0S30 S1, 140.014!1 3NIltl31N79 V 1O 3011L H9Y3 NO 133! QSZ fRIQfA NO 173! QQS ON130 'dIa1S DNIONVI 3S-M 3141 031VNO1830 OXVI JO dIVIS V :SA07'10J SY 0381113S3O.ONY 1tlOda Y 3H1 1V 1JYa0aIV JO SJJO 7t1Y1 a0 SDNIONY1 lynl9Y VOJ 039}1 38 OL 020N31ki 80 Men SI H9111A i. LMOda1V 3Ml JO No13a0d 1YH1 SNY3W NV36y DNIONVJ 3111VS0u 601 Np1103s j 'ONnOall 3141 3AOSY DNIOnatlad lV1OIA11HY do ' 1 1Ytln1YN d193P60 31VWINYNI1Y3-1810NYt ANY SNY3W yN0110f1a1S8gIl '( N01293$ , •13A71 W32 3Ad9Y 133! 0201 3NYld ao 39YJanS V SNV3W .33vianS lYINOZ UCH .•g N01133S •H1A409 lYanIYN !O L93P80 ANY SNV3w u533aj •1 N01193$ do 3113N� 9L1:10ddnS �7Hi ONY •� S3N11 MOISSIWSNVtll OV7M113A0 �S>f9V1S•3HONB ?S83Aol !SDNICling WVU 01YS JO 6NINV3H 1V031430 3H1 '!0 NOI1V11H11 I1101f11A n,a V6,h, a, 19N I' �IIYW A8.0711r1SNl' Ho 031iSOd30 f0310ntl1SN00"1931180 ANY. SNV3N y3tlnl nals`,� ,!9 kOf1035 •J03a3H1 3AI1V1N393a43Il 11YlINIS tl3M10 110 33NOISSY �tl3A1b03a �33'1SAVA ANY ' I 930n79N1 ONY 91111Od A0011.80 NOIlY190SSV 89018 1NIOt' 810011MOSSY ANYdM03 "NOIlYa0da07 tdIHSa3N1aYd •Wal! 11Vn0IAIONIfANY.SNV3W .,NOS 3d, •S k011O3$ 'lo3a3Hl 3IVO 3A1133Jl3 314 JO:'SY.013a3N1 SSH3NON3MY 110 33NYMiQ�10 OkY'NOI1nl0S3a, 81111 N1 0381tl3S3tld.9Np11V lOD3tl 3"101 N8QlN09 A6N, S3Q0.H31NA LVRA;SWW IONV1 !0 38n tlo 33114 t3ananuis ANV O1 0311ddV 5V '!DNIN9OJNO*-NONm ' •fi k011]3S •1lYtl0VIV-10 J1O-DNI1IVL 1:10 DNIOHY7 H7nS,01 Sn00t1YtvN 3SIAa3H10;51'.110 180dtl111[3111 IV;!!O•DNIVVl a0 dk ONIONYI Nf.11VU3HIV:,J0 1M01,14,3Ht Of j 03VIn03a_23Vd8 tl1Y 314 CA9ntl1S80 H91HA, ONYI JO 3Sn 80°.33111 13an19naIS ANY ONY314 uoaYirN taoadld„ .'E NoIll35 'MAOI fA1Mn00 8AY11 89V1Q 1HYIOItl3} 1Yd17Nl80 (NIS H1J1A 3NI Jo 141 ON`.3DNYa 114!1014 ,•O dIHSNAOJ,N1 11V 1 faVON 11todtlly'-A3N 3N140 3N 11 11311133 03LV9013V 3141 JOS:3018H9Y3 110 RIO 104':N1 L33J QC;8t 1331SYd HOIHA IAVM , =. Jo 1"0111 OIY6 3141 SSoa9V ONrI.lO ?hard tl a3A0 1N3W3SY3 NY H11A,a3M1300j _ ONV :0NINN10311 40 39V1d 3H1,0A AVM i 0196ltlOJ1r SV�N611'J3610 Ail$UO M IM44 r hi 9M1ON31X3 3NOZ H7YOtlddV N3Nntl1'- -IN 1'3Nj •AYANntl OIYC joO 3NiMUM G,3L230O11d 3141 40 3016 314V6 3H1 01 ON31X3 N*IRA 63N11'OIY62tlOJV 3Ni; O S643 9H1"iii 103NN00"131417 1H01Yal3f (2� ONY "AYANAtl O1VS 3H1 J0 331111311430 0301431X3 3111 J0. 301S.N3V3 110 133! o000Q JO 321421 -610 V ONICN31XZ ONY'"AVANnd OIVS 103N11V32N33 030N311(3 3H1'01 6310NV 1H81V IV ONY ON3 AVANAa 3N1 N011!'A1a316Y3N1A0S`133J 0d '9NO2 OlyS JO 0143 A1a3 .•19Y3N1AOS 3111 1V 21111,'1N91Ytl1C V (Q) /ArANntl QIVS.3Nl !0 3141111311430 030N31X3 9M1 JO 3016 N3V3 NO 1334 �� 0 33NY1S10 Y 014101431X3 ONY AVAkAtl OIVS J0 9Nli 034M30'03021X3 3144.01 911ONY AND IIt' !r ONY bN3 AYA141111 2111 IiOtll A7g31Sr3N1A0$ 133J Q001 31411 11401VULS V (V)':13kNG: 030NnOO 17 9NIAO17Ol,3N1 A6 �InOtl0 314A 36 11VN9 OIVC3aOJY SV 11011731710 A1AlIBV3H1nOS VIN N2VOIIddV 1NUAVION1 3H.L03211VN10VO CRY:,No'4I1093tl S114i'J0`01.-No1193$ •Z'31311tlp NI f 036103630 61 3"Ye 2144,6f: d DMIQNYI 3$-A:+i 3141,JO 3NI1a31N30iI3N1 HLIA 11430 •1714100 31411!1311130 1111A ONV 1110101,011 133J 051 ON139 AVAN11113SOIVS fZI AV11 •knd SV 431VN01930 LB0401V 2111 NO Mid N v AN,SI 311V6 3M& eV AVMRA!! 3S-M 3144 JO N011tlOd 03AYd 3M1 !0 ON3 1S3A141a0N 3111 HOUA1tl3i-3A141110N 133J'000j ONIN •141838 N01123tli0 A1tl31S3ANitlON 11 NI W1Y`Q£'AYANA1l 9Y 031VNO1630 Avcdlly 3141"NO 30V'ld No,AM aI ,2NYS 3141 SV AVANAY 3S• 1 3141 JO NOIlIIOd 03AYd 3141 JO.ON3 16V3 NIlAO$ 3H1 MOtlJ A111316Y3H1AOS 133! 0001,O31N81639 1401123tl10 A103 3H1IOS V N1 - �• ONION31X3 07N6116r1S3 463tl3N 3aV 631402 N7rDaddY Jx3NnatSX1 ' •Z NOILO3S • i •31011aV CIN1 141Yd301A09d SY 39 77rHB 62NOZ ' 1431NA V1aOdtl1Y 3111 !O 931tlVON1106 3111 QHAOtlV ONY NI r3tlY 9N1VOh13�rtlBN3 31011tl�/ '' $101 All Q31V3113 911Y 63NOZ'ONINaA1 QNV 931402 NOMod11V ltlOdtlfV �30kVNI0tl0 On NOI1A7093tl 61141 !0 36Qddnd 3N1 In* AUMV0 O1 830110 Nj' •I 1401107$ ' + 1 3 Z JNINUnj i.FaYobddV jWCMIV 'il! 31�lj:lV 1. •33MY1110tl0 ONV Ito 1An1093tl 2I111 30 1A,312III* JO Imojo;lAOttd"3141 AB 1 1 031V393 LN3Nolara1 JO QtlV011 ONINOZ la0dtllq 3HL S3V314 UOUVOSN •.ZI NOI173$ i •iNlOd 32N3tl3J3a ltlodvly 3"1 SV 031VN01 •630 AMOK 91413Y`1NI64 QIVS (AYA1XYl d311430 3111 !0'4141111311430 311.140 1NIOd Y t � . + Ol 192d 55•oSSE 1c3M a1r.173J pp•pS£5 N1110N 33N304'.INV 7YdI0NlVd 1419.3141 1 ,. t JO 163y E1'3DNY11 4fMlaON dIk6NA0j•J N01173S,40 j 3M1.lO a3NiOD 46V31114109 3141 tY9141?N31o10 ':Q38111OS30"ONiAo110 'OV 914170 �1NIOa'371491131311 "illodalY 0� s + t031Jn6V3N 211Y 301OJtlA9 1V31NO3 214A ONV 3 o 1"NOV11014 3Hl JO 931NVONn06 •+ 7141 142114A RMIJ 1NIOd 12141 9NV3N N11110d 32113934311 1110dtl1tiu •111 NOII23S I + •1324 00.00q� 1CM3Q� N1tlQN 93113141 (014114.31036 JO•"1N70d VOL 4334 z6'Zo1,p 1• 193A ONV 133! HLUON 32113111 1NV101113H Woo I3kIpd H1S 3141 J0'163(r) 1 E + 3014Va 1NLa0N d1NCMA0j rp N01133S JO 6141 JO a3Na00 8S 3111 1X 0NI3N3111103 + :CA0110! 9V 039187930 91 1421NA ?1411tl31N33 V JO 3019 140V3 1404334 QSZ ON101A i N1 AM 009 ON136 $411116 ONIQNVI S-N 3NL 024VN01630 ONV1 JO dlalS V � or r p• Ml 1140ftl ly 03tlACY3N • 137J C0D�5 8311`N91NA ,!3NIl tlV1l19a1�"Clre3aD1Y ?H1 .ONOX -aa Wulf 3111'IMIINIY1NO3 0510 ONy (0) 11Hlod 390341313s'; 0dtlly 3113 N6VJ 133J I fi05�E1 3NY ND IIIA JO $IN10d 11V`43N11.MY1 1100 V AC QNn0a9 3111 NO Onion09,Y7aY. 1 3H1 lly (Y) 9NINIUMS 031481'IIIY1C3 A83tl3M aaY 63Np2 ONItlfij NOf197S I •AVANAtl OIYS JO, 0:341t 2WY6 7H1 01 oN31 i 1 -)(31#3114A 621111 OIV6380JY 3H1 JO SONS 3fN1 9H1133NNOp 53111 11491Va1S OAl (3) 0110 YAYANAB O1y8 3141 J0 3N11HUM Q30N31X3 3X1 JO 3019 HM NO AM !O 33Ny1C10 y 911101131X3 ONY AVANntl OIVS.JO 311118311123 93"31X3 311= Ol B2lQNY 'iH9)a.lY'OwA: 3 AV.AMa IN1 NOtlJ OtlyAlnO l33! 066((},3NOZ.OlVS'JO,OM3 .21190 j �dd0 3141 l N9 9dALY 3XI11YNMa OIYS 3M1 J031MI11931N3907ON31x3 3H1 { r J0 2015 N0Y3 110 133J a5E e0 3MUSIC y ONION31X3 ONY AVANAb OIYS JD b111tl31N33 , 0301131X3 341 OZ 9319NY 1HDIa 1V DNV ON3 AYANntl 3H1 HONJ' OBYAtAO 133J 0001 31111 j I 1NDIVols y S aNnoa9 3x1 w 03 NnOs 38 11YH9 S7Noz 1 N9YQaddr 111311A816NI-NOH HMS •30NVNICSo an RolLn p62� S3H1 JO;p) 1101133$ ; s 1 �Z 31911ay NI 035189920 S1: 7NYS•3'111 Sr dla1S 9NIONYI A-2 3141 d0 3N111Ja1N33 3111 1 ' 1 N11A 1N3013N103'3N11tl31N33 y H11A ONY H101A NI 113J o51 9N�13S AYANnp A-3 QIYS .: I •� AVAHna SY 03101491630 LVOda1Y 2H1 No�29111d 111 LION SIS 31104 aHl SY JIYANAa M-3 3111,JD WOI1BOd 03AVd 3011 !0 ON3 1S3M 3011 woaJ 3S3M 133J 0001 :XtINN193S 1101133 - -tl10 A1831S301Y,.N1; ONY•4L AVANna',6V 0 3111119 1 63 0 ;La0dtlIV;3111!N0i2 Id aM AON Si 3MYS 3111 S0 AYA11Atl 111-3 3011:!0 R01180d 03AYd 2011 JO ON3^19 2"1 HOtl! 1CY3.133! Q�� 9NINN193S No1133tl10'.A4831SY3 NYNt'-911101131X3 ONT •39N0N10tt00NY NOIIAip -S38 61141 JO 901 NO 1133S rZ 31311ay NI 03SIa3930 SI 3MYS 3W1 SV dItl1S 011101101 S"14 2111 JO 3NI1831N33j3141 1411A iN3013009 34118211139 M11A ONY N101A 111 133J 053 911138 A11ANna S-N OIY8 'f9E AYAmna Sr 071Y►l01s30 180dtJIY 3X1.110 33Yld NI AOM 61 3MY5 3111 SY AYANAtl $�N 3141 JD N011aod tl3AYd 3111 !0 0113 NA�nOS 3141 1gtlJ H1A0$ 172J 00019HINN1020 NOi133a10 A1a3H1110S V NI ONY !gi Avmna SY p31yN01630 1tlOdtl1Y 3141 NO 33Y7d Nt AGN S1 3MYS 3Nl SY AVMntl S-M 3X1 Jq NOIlaOd 03A0d 3141 JO'0M3 NS80N 3111 NOB! H18ON L32J 0001 9N1NN193046g1"3'010•IA1M3X1aOp1 fL Y N1 ON -01131X2 03NS116Y163 A02113H 380 C3NO2 HZYOaddY 11VliNialBN1�NI0H 1101193$ •AYRNntl OIVS JO 310111131N33 02123rO8d aXl JO 3015 31416 3141 O1 LN31X3 H31Wt1 831111 OtYS3a0JY 3111 d0 SONG 3111 flW1103NNOD 11310il 1H91Y81S�$ {3� 0110 AYANAa OIVII 3H1'JO 3NI1831W33 030121X3 2N1 J0 3018 14703 110 133J ODDIFa JO 301101810 V ONIGH3193 ONV AYANna OtYB !0 3N11831f173`Q30M3IX3 3111 OL 83!9110 11491.8 lY ONY QN3 AVANnd 3111 NONA A1113192AH1a0N 133J MEtSE 3NOZ OfVS lO�ON2 A18315IAM111ON 3011 tY 31111 1N91Ytl1S y (S)'/AVANf111 0108 3011`!0'3NIaa31N33 MOM 3W 3W1 JO 3016 N9V2 NO 1331 539 Jo 331101810 V DNION31X3 ONY,AVANna olrsf Jo 2111129:1137 09 DN31X3 3111 O1 82'14110. 1N9fa IV ONY 413N3 AVAttna 3141 1108! AlV31SI3ANIVON 433J 0001 21111 1NDIY816 V (Y) :531411 ONIA0110J 3H1 AS 0HnOND 3"1 140 0301MOS 39 11YNS JO C3N11tl3jN3a 03ON31X3'80 S3N17il3 N3a 3114 01 S3iliNY:1NBi4 1V';3NVid 1V?11430 Y HI Q38ACY3N,9A71r1M02iVON &33j. HOV3 4QJ,.A11Ya11V3A 1004 1 !0 31Ytl 3k1 lY O4VR1f10 ONV Qi111Rd0 ON.Id076 "NV1d 031111?N1 3dY 43aVJwn6:lVNDIlICNY91 3N1 (a) f1N10d 3901383l31f 18odblq 311111084 AhY1No21ZlOH'Q9LtfISy3M f19341 t£1 3yy 1 NJIHA JO 511110d 77Y Z3M11 8Y7 V 0 If$I 32VdtlAS 1y91NOJ 3H1 t0 ltitlgaiAOS 2019L no 1 3Mj.•1NIOd 39N383J8a 11IOdblb 3H1 HOA08N1'OMISSrdf'3NY7d 't7/Ji1l�3A Y 111 g3tl0SV3W jA11r1NOZ184M 177! pZ'HJri tlOJ,Al1Va1143A 100! JO 31V4 V .Ly`9NISItl, 3aY4805 1r. l •jN021VOM 3IU J AV Hdltl3d 3111 NON! QaYRiAO ONV OZIyRdA SON31X3 3aVdbAC 1yaIN0a' 3141'(8) �1NIOd 8�M3tl3J81J:1NOd81 '3N1;N0=e!' �A. E I' q, ,. '1lriND2t8�H�Q3tl116113M 133 .p�C�� ' 3tlY`N3IUAL ;O'CiNIOd'11Vd3N17 71V7A01l1a13018 a1r=°NO Q3QNfi6ONr;73A31 V38', 3AOBr 433J GD01 JQ NOI1rA313 NY MlIR �3dYNi d11 Ity1Aa41a �3N ld Y SI 3JVltlAS r:" ! 1Y1NO-ZIII H 3N1' (r) :CAOl1Od SV Q3B14?530°3tlY QNV 31102"DNINtlO1;QIVS 361adNO3 S3aYlt111S ita1N►1 Ys3aYlZNls 1VN01tISNYtl2 QNY 33Vl4gS 1Ya1No9.190V1tl06 1YINDZIbOH f _ 3111 3A09r 1?3POild 71VH6 31102 ONI1ni'3H1'N! NOIlaAtl1680 i Ohl 31102 OIVS !0 0113 83100 3111'O1 3NOZ QIVS i!0 403V AVANAB 3111 N<r4! A11y1N02180H 133! Qa H3`Y3 8QJ A71y?I1tl3A 1noJ l !0 31x4 3H1 1V ONISltl 1104!343111 QtlYRLAO ONV OBVAdA 3NOZ OIVB SO'QN3 AVAMnV 3111 kQVj 030N34X3 MY Id:ON.Id01S,Y 3AOBV L93r • I •08d 71YHS 3H0; N?r0ilddV 1N3NAN16N1•NQN V NO N011a0bj1B0,Op I�£ 1101173$ .. •31002 QIVS 3111 !0 ON3 43100 3M1 O1 A1?Y4NOZIVOH '1334 Qq NOV3 • 8QJ AIIV?ilV3A 1004 1 JO.3tV8 3111 1V ONISIV ONVR10o'QNV 04VRdA ONfd01S 33N3H1 l3Mp2 OIYS JO 0M3 AVANA4 3111 NOVS 133J',ODDfo AYANAli 3Hl !0 7N17l31N3a 43011311t7 • .3111 O1 VV1431QN3d83d 34114,101 .3HIOfV6.-JO QN3"�AVAN1143Nl,NOIV'A11y1NO2i110M ' 1-. 173! 0G Har3,SIO! A7I1Y21193A!4AOOJ !Q 32y4 3113 jV pN1818 11084383111 Qi1rR1I10 SIV 08rAdd 3NOZ,OIVB,JO QN3 AVMNAtl,3M1 N04J 011101131X3 3Ny1d ONId016 W.:3AOBV ' " 1a3POtld 11YH9,3110Z N?VOBddr 1111314481SMI NY NI Flo 11aAtl1SB0 C(y . .la NDI1?3$ -QN3NV ANY 80Q3NIriNOa 11134311 SNDIty70038 3111 !0 NOI1d00V,31IlilO 31t12, 311t tV ., CrR Al MYNA OBVZVN 180d81V 834V380 V 3141116N0a pl 8r b0 3pNYN N?06 Oj 8018d , J0383H1 IND! 03H 3111 NVNA AND13H 831V3tl0\V`O1 01131X3 61 SV 3MOZ 143119 ANY Ni # GUNI 1!0 183110111 A049 Ol 03R011r yQ3tl311y �17111B38 �03aY1d3tl J OS 39 33MI ; 80 3111111,1421111111,10 ONI1gV*j"O?•ANON 'CMV 11VHS VON 163k03 3A11234134 31111 804 37314tlq + SIN! All Q3NS17By193 9111111 j11013H 3111 !0 9930X3 Nl 1N0.13H{r O1 33NY011040_ •� ;;', ONV NOI1A10S3tl BIN! J0, £ 3 134V NO 039143630 C31101 'A FIV NO 8080.01 43R011Y + b08031NY1d d03HS11Sr113: f071Y783 X0310303 39.11M 3384 84 38A1?AtliS DN 33NrNlQtlo ONy 11044-1993111,31111& X3 1101!33. 3 $ SNO;l�IWll �. 'A�'3'k11ttIV ,+ 1 I ': S3No2.K?ro4ddtl 1N3NAgiCNI � 3114 JO 3019 Ngy7 NO JO 30411831N33 03011741K3 3111 O1 11310Nv .} r x 9A1133JJ3 3H1'81 aQla d MOM SVA HO1NM JO N011Y831'IY a0 N011]pa1SN0] 3N1 �2vn1 T '!"Jn111S ARV JO 3Sn 03W13iN1 W NO#AV1121?Y dN0119dBi$A#0? NI '3pNYH]`'1NY'7tllnb 1 +311,01 CY"110H ONY7,JO 3CnONIIia0JN0]•NON''ANV NJ ii1 3113Ja31Nl 38111103N10•01 CY y a0N 33111 110 38nA7ntl1C ONIN80JNOONION ANV JO.DNta31?Y by flNIONVN] CON,1tl3A0i' , 11YA01t30 3 .1 311111038 01 BY 03n811NOO OC 38 ION 0?YNC 3]NYN1�80 0NY NOI1n10 " i •6311 SINI N) 038193938d SNOIlYin03tl 34, •S3M ONIIY110�M0]�11pN 'Z 11011335 1: •NO 1735 CONI JO i NOIly101A NI ONY7 JO 39n Y 31111110No2 IONi1YMS 37NYNf0110 (NY �IOI1ni0S3a SIHt JO 313116YNo 030Ia953ad SNoololdiS38 1Hfli3H 3H1 01 9BINtl0jNO3 83NOZ OIyS N1 ,0NV1 ANY NO S3ant]n111S !10 $33111 JO INS 1214.3a3N"3N1 1VN1;V83A3NON, �p301A 1 •011d �SJJO.3UV1 110 1.son IQNV'i N]RS N11A 11011]3NN0] NI 1JYN]alY JO 5N1113An3NYN # 3N1 t10 Idad111V SHL IV`1JY11781Y JO JJ03NV1"a0 ON10Ny? 3H1 Sn003lY2YH 36YN 321M 1 1 . •83N10 110 S3NO2 OIMB JO ANY N! A11i1916tA NIVd1i1"J2aOdalY~3N1 `JNISn 1JYa9alY 1 1 Jo $11olYa3do 3N1 JO 13A3 3H1 of 3arTJN1 11ns3a �SiN91i a3N10 ONY :JNoltYJlAYN 1 1YIa3V NO aO IY3113N1R I JJO--DNIAY1 110 OH10NYi NI 01Y a0J 030N31NI IMOda1Y 3H1 1 NO 6AH711'N33AL39 HSInONIISIa 01"LJYe]111Y JO StIOlYN3d0 a0J 11n�?IJdIQ 11 3MYN •' �SNOIlY1S QNnoN9 0NV tJVa281Y N33A134 SNOIlY01Nn►fliO]'OIOYtl H11A 37N3113Ja31M1 1 • iY]181]3i3 31Y38] 01 BY a3NNVN I H]f1S Nl.r3]NYMIOaO ONy NOIln1p$3a slHl do 3121111Y N1"Q3BIa2S30 C31lOZ 3B1 !O ANY NO ONVi !0 30YN 30 AMM 3511 ON '133 NYNIOt10 •• CRY N011n?OS311 S1H1 JO SNOISIAOad 1133110 ANY:ORION VISH11A10I4 •1.h011]3S 'S35T' ON (NY QNTI 30 3Si1 NO &N01101a1S3#! •A 37311�Y •33NY841011O;CRY NO11n10S3a SINI JO £•310lt11Y N! 039ftl7S3O 63NO2 3H1 JO ANY NI'30yl11nS iV1N0 VON 3H1'3AOBY 1031,Oa4 TOY kS 100I1211a16B0 ON "030IA011d 3A0BV $14011VIIN11 IND 1314 3N1 01 No11100Y N1 •9 h01133S ? -. '•31+f1031N33,`AYA *NAa 03ON711I3 3H1 01 S31flNY 1N9t8 1V`ONY 33YJanS 3NOZ"'H3V011ddY'1 3Nn111SN1 3H1 JO 3003 3N1 Nonj ItAi'IVM02I VON 038nSY3N t133J � 1 00095'Jo.3]NVLS10`Y ONION31X3 S33Yl11nS 1YNOLlISNYa1.A@ 30Is 113141.113 N0 433011n09 311Y"soy J1108 i�]INO� 3N1 10 i 611X11 3Nl ONOA38;0NY HOnOaHl t]3POtld H�IHA 832ydan$ 3NOZ M]Y011ddr;tN3Nna1SN1 3111 JO SN01111Qd 3SONj ......' 033VJtlnS 1Y3$NO] 3141 NO..35YJanS 1VAN021Noif 3X1"H11A 1#0112311131N1 3X1 01'OaYMInO ONY otlYAdn C3101Ivy SIN, JO £-DIYII CN011731 NI 0391a]S30 e53]YJ11nS 3NOZ 143y011ddY 1'IY JO S3003.30t M0111 0N31*3 09iY:,630Y38nS 1VNOIll SNY8j •c3Ni'1a31N32 Avmnv Awa ONY S-N 3N1 N08J 1330 Y 3X11831113] AVANna 3S-PN 3X1 Itosi 1330'IDJ0 39NV1S 10''IViNOZ1110N .Y lijoy Simi! 13t!y WYd 393Hj 83011113iN33AYANna".3X1 H11A;13A3iONY 01 1311YtlYd Sl,N]!MA 1VANAt1- H2V3 JO 3019 MINI.13 NO 3011 V NOtlJ O11YAAn0 ONy OaYAdn 0N311i3 AYANf1a HpY3 f( , JO 3019 M]yi NO 031YS01 A11M]181311F!><Sf633VJan8 1yN0111CNYa1 3Hj •SAyANn11 3N1 1 •� 1 AM H01HA 9130bO 0NINIY91839 Y AR NVh1 3610193H1.0 03AV16 39 10111:1 No S9Ni0333 a �r �Oba s3bY5 H3V3 N1- 'Al93dO8d b0 3.411 OL 71a3d mulwi1 36pV2 NOINldO 9114 141 07IIOA AY1S Y,3IVOIJ11tl3O 3143 NI" 03iV12 S1OtlJ JO N6SV3b AB 1tlHl WIN Hl1A 0311 N339 3AVH TWHS lV3ddV.JO 30130N,:3141 831JY 1143KLI;nrQ�1 JO 0 Y08 3111 O1 S31J X11930 N3XY3 91 7Y3d4V 3141 NONA WONd 933,3440 7111 4,4,31110 !WObJ g31V3ddY N0112V 7111 JO 3ONVg3Hl11f{J N1 SOVI0332OW 1lV AVSS"11VHS 7V3ddV Nd I•k N01133S " •N7XY1"SVA WObB 031tl3ddY NOI13Y 3111 HSIHN"Nod,A;QUOD,3ti. 3Hj,6Nlifl -111SN00 693dVd 3H1"1.7Y ObY08 341 01"11WSNVb1`N11AH11IOJ7 VH$ N3HV1 SI•01V3ddV 7113 MDHA NOW, 9301440 7Hj` •40393111 4,8140090 3011 9NIAJI23dS 1V3ddtl JO 3011014 V Q9Y08 3111 Hl1A QNY N3"-L 61 1V34dV 3H1 WORM WO9J 9924443, 3111 NiIA 0141114 A6 CMV08 3NL JO $31119 3141 AS i3lc Odd 6V 3W11 3l9VNOSV3b V NIH11✓ "NUVI. 39"l1YHS 7Y3d8V HORS 032NVNIOVO ONV NOI1t1704,3b SIHI JO SNOISIAOtld ONV .601831 3H1 V3ONq ONILOV 937jJJO 3AIIVb1SIMI110V ANV JO N091230 1030 ANY AS 033O3JJY NOISlAIp9116 7VOIi170d 00 Ai1lVdIDINgN ANV JO muna JO�QMVO9 11N3YI1MVd3Q r�1301`, , JJ0 1NY AS 80 03A319OOY 143,4,93.4"ANV AB "N3kV1 78 AYW 09V0$ 3N.L 01 6�Y ddd •;. �•g,N01103$ J0.3003 116•�1� 1401173$ JO CROISIAO94 3111:11330 30NY0900DY NI 39 7lVNS OtlYOS 3111 JO 691VJJY 3111 JO 1311OKOO 7141 4 38fIC1330bd"3Hj S 1101103$. 069V3A 903,4 JO IW31 b"903r3140"ONV Stltl3A 001 JO M93i,'Y IIOJ 931NIOddY ;3 I�YNS 3140 Alk1103 3141 ONY AM H2V3 Ae 031N10ddY,Sb39143W 3113 JO 1031tl3bO 39 LSv1J 77VHS QtlY08 3H1 N311A AYHi 4d33X3 SUV3A 3AiJ bOJ 39 17VH4, ObV08":3HIIJO S939K3N3111 JO CW931 3Hj •MAVN MOV18 JO"A18110 ,3111 ONV'N (13ONYk'AO11131VM JO631110 4 I 3141 AC 03103130 6999N3W 3"I JO 310A"ri1190PYN:Y AC 03103135 76 QA,0tlY08 3114'JO 1 NVWNIVR3 SV L3Y 17VHS OHA p38W3N'lVNO111OQV NY"ONY fVA01"`;1A111A03 MAVH N2VIq JO 9906.IA93dIIS d0 QvVO8 3 H 'All 03103134, 30,01 aft'VA01 -tSYlVj 9V03 . JO .IIID 1 3111 JO 713,1403,0'X110 3141 A9`03i�377S 79 pl OA1 1YJ401�s�1971VJwl Jp"1110 7111 JO"• 1" 710NA09'Al16 3141 A6 09103130 39 Oi wu 408391i3N 143436 JO 1B16NOO.371VH6,M�IHit I , 03A9I19Y163 A11393H CI,IN3H1611POtl JO Q9Y08 ONINOZ 19Od91V1 KV •I 440IIO3S 1 ; 1 1N3WiSt1('OY 30 (1ttWG JN I NOZ iWda 1 ti 'I A 3131,'M t �C09YZY34 390i191Y NOAo 40 3ON3039d 3141 1190d91Y 3H1 JO All " -11131A INA NI 1JV9O91V'.JO I19o1Y93dO 3H1 01 31VO10111 O1 AVVG6333N 38 01 A1NtIO2 90 631110 140116 As 0714330 39.11VNC,SY 20611.011Y.GOMM M,N0N4, 140393141 WIY1 I NiIYN QNY 31tl93d0 1'Ilv4r,41 04 A41440,7 90 $31110 M2116.410 36N34x3 3NA lY 1N3N1 Jo ANY tlq 414002 HAYH )f3V IQ QNY"VA9I.*671tlj 11VQ3a 1VA01 1007971Y11 30 C31114 3111 ' 11N93d 04 03910039 A63938 it 3391 90 39f1190p1$ IZIt1N1104N00"01i ANY JO 971400 „ . ! 3141 AV1i1 197AV4H f0301409d "�JQ793HS 31Yq.3N1 NO9J 9Y7A,3N0 HIM41A 0313ldHO3 •' TONY 034QO360N4 A'liN30171q CI N71NA,ONV 33MVMJ090 ONY N011R1063b SIN& 40131VO i t 0317Yk3 f *W.001031M JO'.4113 JNi JO 93NYN IOto iN IOP 'Y,As G3ifl 1 -1119001 NOIiSINH07 ONINOY 1tl04NOW 3H1:A6 03*YOJ113 ONY 03tl31iININOI 311111fMS 1 ;.a 1 3710YNI6VO ONY N0I10109711 SINl 1@ 03@ttl7S3bd SNOilY�fl03N 3 1 .' !tj • NOI173S . ., , + 1N3133 „'1 to 3'I�Ix�fV 1 4JO3V3N1 SNV31 3H1 Pow NDIlY1bVA ANY 173lJ3 • ., _ 3 01 80 37NVNIOMd ONY NOlInIOS3tl SI111 b30Nfl,i6Yd Ol Q3Ytfl03Y 61 11 N7114A NO b3110N ANY NO 1NY711dai 3M1 JO bOAVJ "1..301.320 OL Y? 1YI7430 3A IMSIN1140V ' ANY JO NOIiVNINtl3130 p0 NO161730 ti Mdiflb3tt �p30p0 AMY 39p363tl Al Atly993 f w33N,39 i1YNS 0tlY0S'3Hl"JO�AllaoroN Y JO 310A 0NIbbfl7N07 3Nj� '� N011735 • ;+ !N3NY1,81 1Y3ddV 3H1 NQHA"OvJ Y331 3N1�J0 . _ II ' Sp3A0d 3H1 JO 11r 311YH 17Y148 QN31VMl O1 pNV 30YN 30 Ol INJIlY/11H83130 {, - I 80 NOfS1730 t1N3N381(039 ep30tl0 HMW 3NYN AVN MY HOtlJ O1y3ddV NOIlVNINtl3 f -130 tl0 NOIS1330 fiN3N3816030 +tl30M0 3Hl Ad100N AYH p0 A11YYd p0 A110MA I+pIJlY • 1 1 80 36tl3A3q"AVN OYYOB 3M1 �1Y3ddV,NO 5tl3A0d 6iIl9NiS1Og3x3 N} .�t N011a35` •NOIlVIdVA 3H1 11NIAN30 80 ONIANYtl9 is OJ iqlt051�3V 3H1 9NIAJ133dS I 37N301A3 ONY ANOHI1631 NllQAS.NOdfl 4332y0.17YJ JO.!?NIOIIIJN3111,tlA Y AB 031NYdN0 1 f w77Y 39 11VHti 08VOS 3H1 AS'631NZO S031NYtl9 1t0 hlY I A�Atl3A 'g N01173g •• 'QYYlVN'1pOdgly NY'JO 37N39384'3N1 itLmOd0IV: Mi J6.AlIN131A 3M1 NL 1JVp7 wYIY 30 St101Ctl3d0 3N1 O1 3l��IQN1 OL AvVS8373N 39 01A1iVe07 tl0 931117`M7fI9 AB , N330 11YHS SV g1H01I'ONY $tl3kljyy'N7A8 NIYlNIYN QMV 31V*3d0 �11Y1SN '01''A1Nt107 YO $31113 H3flS J0 35N3dX3.3H1 ly N3Hl JO ANV O A1Nfl0a NAY Il7Y'lg ONV S11Vj tlV033ONY OOlM31Ylq!0 5311(7 3N1"Ol 1N9111 341 JO N01lVA050tlONIOf113M1 �20NYMICHO ONY NOl;fllO83q SIHl JO 63SOdtlfld 3Hl 31YA133JJ3:QL AbV19373N 1 4330yAVM 11 'SV SNDIIION07 31SVNOSY3tl N7fl$ 1SOdNl AVN S33NYIbYA`9NIINI1fI'm Ni ObYAS 3Hj •37t15flP 1YI1NylSBOi`00`O'MO14 ONY 33 NVN I 0tl0,dNjNOIlA1AS3tl,SIH1.J0 1N31N1. CRY 39048fld 1Ytl3N30 7M1 M11A ANOhtlVH Nf' 3bY"S37NVIpVA 3H1 JI �d1HSOtlYH AtlYSS373NNfl tl0 A11fl71JJ10 1YO117YlId NI 11flS3p 01f1pN SNOIlY1fl93tl 3H1 �O 1N3k33gpJN3 b0 NOIAV31lddY 1Vtl3111 V SNOILION07 1Y173dS O1 9NIA0 1VNi:o IA 'llyNS OMYOB 3M1 , N3HA IIM31N1711BAd 3H1 O1 ANVp1NO3 39 ION 111A sY 33"VNIQtlO ONY NOI1fl1063tl SfM1 JO'SH831 3H.NOH"33NVItlYA H7flS,S3SV7 31J173di NI 3i1tl0 1flY nj {B� -• 33 93 SIH1 JO 1N3N3711Qlh3 3H1 NI 1Y 131 -JJO 3AI1V9I9INIIIoV NV AS 3OYN NOIlyNt 3130 No NO191330 It1µ3N381A03V IN34a4 ANY MI;tlDtltl3 91:3V3 (1293,1111 91,11 3g3NA;SlV3ddV'301330 DNY tlV3N Oj (Y) " ISp3Md . ! ON 1140,110A 3N1 3AVN 11VHS 1N3HLSnrCy JO oWVOQ 3H1 'Sf$3A0'd •S NOI173S • 'NAONS �IM MO NO ONY 1NY113ddV 3H1 al ONY 00Y0e 3H1, 01 N3Nyl SI 1V3ddV 3H1 NONA 1H+NJ'tl371JlA 3H1 01 32110N NO N011V311ddY No'QVQ*3x Jo LOM2 V A@ Vo OUVO13 391. AS 031NVUD 39 -aa073a Allva S11Yj ov030 3N1 ONY a31tln03 A1IrQ Oo'It131Vn"3Nl NI NOtir*ilend all NodA 10NV.,rA1NA03 %A" NOV Ig JO Si}OSIA93df1$•40 OtlVO103ml AS' N011111063W ONV rnol #S11rJ NYO33'WY MAOI"!GQ1W31Ytj"J0; $31117,'3141 JO;rl ONfI07 A110,3141 All 33MYNICHO Amlot' 91N1"JO mol"001U.1104N3N17VA3 3Hl IMdf) ONY 39Y8SYd Sit NOdn 133.433 CRY 371103'11nJ NI 38"11VNS 3wYS 3NA 0Ny03tlY1030 AS3a3H SI A0N3otln '•.j _ - SII IA131VS 0NV N17V3N 930V343118nd 3N1 JO"NOIiVAtl38311 3141 MOJ 30NYIVOdNI ; " 31v103NN1 l0,03w330 ON 178 Y37NYNIOaO OMY Nt111R10s3q BIm1 .•) 14013?3$ I f 31yU 3AI133JJ3 'X 31011N1t + •318rnaJl B";ate O3MY1730'3NY 33NvNIOvo ONY NOiAn'10S3tiSIMI J0 SNOIBiAObd 2W, ON3 61 H&01 ONy'(�NO14Y31?ddV + ' tl0 NOISIA011d 011VAN1;3N1 ANOMIA 173JJ3 N3A10 38 Him NoIHA 33NVNIQUO,ONY NOLL '• q. _11106310 sINA JO SNOIAY711ddy no SNOISIAOad N3N10 't73JJV 1014 n11/N8 A11011YAN1 N7nS 017YAN1 01314 s( 9378Y1SM1104110 NO N OWU ANV'Iii'JdililliiL NOI.LV01'tddy 3141 • 110 37NYN10110 ONY NOIlA109311 BINl 30 $NOIIIAOad"3N1iJ0,ANV'J1 � '1'N01173g � A1111�213/13S XI'3.131111Z1 •11yA3gd 1 1 - c Noltv�ns3tl ao Noltviwl�"1NaaNlaltt'aeol,+"3Ni-�r3aY 3wrs 3Nt-0t 318Y311ddY";SNO14Y1n03q 1431410 ANY"QNY.�3�NYNIQaO.;ONv f+f0"I101OS3q 61141 I JO 11N31i341 03tl 3141 N33A138 17111N07 ANY 40 1N3A3 3Nl NI "*j N011O3$ I ' SHO11t►1�J32! 3141131 1JI10 .1 11 I A 313112111 1 '3FN3;110 9l avas Y ;1nll1sFlo7,11VHs i f ' 111X7 04,63nil 1ANOi N 014 1 A Y,AVO KOY3 ONY jfAYO ALM IN, 0337X3 01 ION w113A t V VOJ 411311MOSIUMI'All 'QQI; 0337X3 01 lom JO 3N Id r As 116VNSiNpo 38 11YNS Irg3"410311 0300fnN011 0ry11NN30N0 ANY-40 VO 37NVNICMO ONY Ito Iln1 -Osla 11111 441 039*06444 "914VIO34 711 dO lot-I'v7a+A "OV3 @g Nn 1403S.., !1 • 104110 $ll 40 37Nvwtl0Jd3d 3N1 NI 4r,19SV 01 I ' �'11�01}yl0038"ONINOZ }NOdNIV JO gO1YN1SINiNOq NV 103135-AVN NOIQCiwNO? Hong ' ]oiy�. AtNao3 NAM >tarle r JO SNO1103411$ JO 9"s J.H�L AS NOIIAJQS3Y-UNY 2 -g J ""� 0317rN7 f�` 1 ( •0�1 t1i'11Yj tlljts7� JO ill? 3yi QHy'. i 1 i ��,�rrily.rH�ti 15t i �( f t y i { -01 Poll • JO { Atl0 L2 SIHl +VAp� tlV033 !O '119NR0D All', ;H1 AB 031d00y • n1 XVTIO t • f jj2 t.��r'rE• �JTy' raOAVW _ I: t •l� •156tNi w 10 Alta R"Act +00'IM31VA d0 311 A6 112*141 Y yy�/D' �,�l�r � •tit, — rf . --- — _ ———-•— .yy.-l.y� •1561 SOV Ara — -� a SIMl +VAOj +AZVOCl SMS Jo aWOO 3H1 A0 a31d0 cly1 . • r !2 • • sJi.rr . ., I ,1 • -4 f • •� ! Q _ 00 S]WLL • 0301WIN3 to .91 I, �! • .� `g! � Z Mu=a(M►1-a N ea-a - - atilt srna arQ3o • • • � • • • ALIO lfVQ30 o I ! •9H BStl3Htfrd� • i� I ■ � 9 I a, ° . ff c : 1 .2E C3nIL' •' 035UVTN3 M►6tl 'N 06-1 � I 1 Q? + a ■•• dM.L NOINR L in • ..w • 0cI J , - Z ■ ,1 a X�Od 773H$ f 00 M31'V380 1 I + ---7NIr3Mo.ANO9o0,a3t7nr)S ao '7VNOSV3S (` - (a3nvN)Alt13dOud 1ra303� a0 3Lr4.S DIS; , L�c�'1' - _.'CO3I1'ri213N37).Sr3tlV 7NIliW1130 . •. -LI - -:'" SONOd WO S3NY1 ';. 9 -• •- - •'9NISPOa] -70Vtl0 QYOa11Vtl �_-• LV3S A1HR0330 d31N33 n 9314.13 30 a3LH30 ...:'SNr3alS 34M .. .._ � .�_�_. - .•`l `i,kVM46S 183AO nVMllva ir 1 •••��11�r� - ...•.... 'h3HH3AO M n347 nVOW-11 a , —"'•~ °_ .....`iolLvls•moailra ,N*MM ]VNUvM3dO 3•i9NIS OYOHreWa __..71ai]3a3 QYoalna .--5+ ..... .. ••-l7vnS 3']OIN9 AVMHDIH M3aLS MotltlYN k - '' WV3N1S1N31LIMUNI _..._..-3411 NOIL339 ..3N19 NOILVHOdao] L. �:'rl .- •----- - .• ---------- dIHSNMOL IIAI] ---- ---- __ ........... A1NA0] _ f GN303' 1 i .Df 25 ,Sf Z6 • I 12 3-11.S ao, . 0 ■,7 I F� , �'\ ��f.;".� Mme- 1 • . in_ •S51 , �91 ` ? ��%t ' a a3 l� U.01 b a& ■I V 'N LL� OV —_ - � itl dtll Yi ° ,A'• J� � • ■ i �� • �• 7tf�J r ,fi tE `I f•.+ ....,. • a .-�y-. �='4•c '�• , ,A4:4 •i . i • St • % • ' Q�� • ( '' • ba3)■ I■ ■ K ■ r • . ON !m cj N 81 �91 LI II w • Ili lE • � • • • •w ■ ` •�� II • �' • 6 9 L LLI = 1 11 • • 9 ! > I I ' •�I' "� • ■ _ • l 1 113 -Ad N7 d7At • ^• • .,;•-`• Nd. :v 31'ttns3Nvr f s�;'_ ■ cKMA/J/00dT SO?4-d 9e °J�I'"¢N vxlg dad coa rl;iawa,g did: . 1:HJIH 3 iia •s•n (3NOZ HOVOdddV 1N3Wn2T1STJI jH�'� is bM 01 Ol 1N30VPCV)30V-4ynS 1VNOIIISNVY1`L-:.W� 93NOZ ONINdlnl 39V3NnS 7VINOZ1.YOH�� 93NOZ HOVOYddb 1NBWndI1SNI—NON NOV =19 S3NOZ H.7VOdlddV LN3Wny1SNI b�MHJIH -IV83N30 am 03 7 r'iSiCJ ti:, Y . 63h11 S;.03�dWIN3 f2 ,,. .' E2 —ZZ .• - :Z r f t • . - �. 'dMl tl3 NAOd tl(ft '035. - ■ r • 1 ■ . .NO a3)4N1 • v S4." L.� ■ '.LG ■ � �w dEkP v f fl • • • . • -� ! Oz 11 0 • �\ 1 fF— ani f ■ '■ J a 2 • i K •oo `� 11—2f 3113AV; CO u3nRIS M V •...::..• 3AOH A1Nno7 NOUVIS NOLLY-InONVIdI 1001 13n10 1.tl1NnOO N0 Sp.+InOtl9:d�0D Li.a7 t.f 0.131! 'JNONY, 3NV-WulV-M7d3HW001i0-"IVdj3lNnry ..:.._.. ....r.::n:::. '�. AddYAO ..`•j�• - .-.SQHVA WOOLS - ..'"• Ad313n3O r�� - •0131! 01131RLW - 'INVId H3MOd IY11dsoH 5. 'Md Yd -tVdIOINAn' ._.TOMMID OINOId SONMdO dJ"Vs ...............dVVVO Isldnol l-Tvt1 %MN(71MO 80.-I-W)4mmol - - SONIll3MO IVN0SV3S Q _ "" 'N013n111SN1 Snomm3d d3H10 d0 HOdnHO - -• f' Noun.Lt15N1 -IYNOI.LV3nC9.d3H10 tl0 1OOH0S. 9 1Y13WHSIlBV153 SS3NISn8 TiVWS d0 3HOIS. - 4 R .......'_..50N1913MO dO Sdn080 d0 SMOd rfVVJ NVH1 tl3H10 9Nt313MC' ... .. - _ 39n NI 3Sn Ni "LINn VINVd QN303-1 100�6 .. a�lC�.�;�r•"•' .50.26 I 5 5. cu :.• qn.myj ism 0-1 n.7 AM 1 t t ? • v!r b \� �\! SPY .00i vnv � r H v rJ ,• • 31 ■ � O S3Wil S2 039dY1N3 � .. • �� ~ BMLdMl NOLDNI14SYM '. 811Yf NY020 735 338Nt3tl ...31Y033..N1dON �. ■ • • . M i • r • 1 1 t. os .r s 1 - w • = 2 j i • • N Swim t dMYY1N3 , y AEI-tlrN 00-1 ■ .AMI 3ONYdD q�•� • • rr}Y: ° • '• r rd a q0 ° LIC f • • • h . 01 611Y.4" e=061-t& sl .,� \� r♦ ,n•• � � � , �k�ti•ti •' • • r,/- f � -� � .iT .-��.�,. r�n�Y >Js'�SIr it � .r `' ',p / 3E:�` I*' te.: 9• t t .....'. i` ;`3,�'ti4syr �wy�i�� . ;p,,�-,. f-' '«•cel;.krY.'.r,. avd HIM AVMHOIN - - tON Ovoe -IV911 OVOU 03AVd 033VyU714 1VL3V4 Vlfa CNV C30VtiO VOU Q3AONdYHNO - S HN71U1 A1N7107 - AVMNSNH.alVis S3tm.S 0311Nn 0164•.QIV'1VU303! N334U39 S1NIOd - 83vdi .0.1 1• •i . i — ■ r..� • • 'my JL� �` lE � •�E �SE. r �hE 41 w� �. • ts.'. R' G£ SZ 'i ai I L? • Bi __ 6Z ,'3� 1 . � �Vb.:• r DZ� sl � � 22 IZ 72 rr._ �'- --jri� �_+�•+t1Q: i7•r••�-rc-n• - - r f . S3�Htl06A• ■e8' a ' 31!W3 ■ 51 • (: is jr r Y: • 91 : n t • r_' n.n-r.�rs -T�■aa7t■sri.i - • " • - - r F.(( . • • r l• � .>�ar:Tr .r,�#;1t_rr s■ r i � •� �:f •': lrL £f(I' N ■ ■ gr • 1 tip � � ■ • 974 5, N V.z ei vz ./{ ` NosanH • ° f.a 4� 22 f ■ ■ .i7 U2 r ip • ' bV• ■ ° /�( ``3' Sr • 0 91 ■ • LI `•. 91 Eg 41 "'�b• H� r � ni �.;■b • �J SI r yl • } i ■ ■ ••' ° ■ ! f i Sze JL V Mj 9z f s - •) L. • jl 861'$943 _..-._. ,,'2E •A 7 -�• • � a�lvnn � a ;• sn r1 �� f� f f -. n v3 i2�1 S? Ic • ■ ■ ; x'r. ■ HVM30 IOl s t zE '06 O `1 zE S,■ x ■ fi. . ■ ■. ■! r R '3 ti 9E SE ■ �. ■ •- f■ • •z • ■ ■ I• 6 : � : 52 3 92 tZ H� J ; 92 62 , ■ g ti ,SI ! • ■;2 •■ ii'-T1 •Oiz I N •' I!i N Noe 3 E _ I • •■ ■ • • ■ . 1`� • ■ •? • • ■ • ■ ■ r • it ■ ■ • • ■ ■ • t \ ■ ,•... 83AN 3 ■ OL MZl-b 9561 8 _ 0 1 s3:aw NI 31wJS—' A3Aa11S �JN1NNb'■7d Jlb'MH WOHJ 03NIV190 V1VO Mvou onand JO`nv3une 3:)83WW00 Jo 1N3Wl8t/d3 3H1 H.UM NOI1VH3dO07 NI ' NOISSIWWOo *kVMH9IH 3JVJ.S 3141 AB 03HVd3Hd vMol AlNn03 )IMVH dVV4 NOUY-L OdSNVU1 GNbrp Jlb S(.Zb 0 - -- — --99377V�lO -WtI1N00 ZVI1d Vd H1, N3dO LON OV ------ -----•-.------------av --- -------0VOV .030vdans 'S ----------`DVOa 03NIV11a aN c-Ibvnal avow a3 _r W319AS Mad g� - A31SAS-AVJAN 0 G� -- -- --AVMHDIH S31V1 '.�ry"�—^- - - - ---- --W31 SA5 AbMHDIH•aIb "'a3!lnMry UY S30NV1SIO HDIHM N33M13 ON3 J3'! BI2 M ZI—a m NOIN38 ) o:) vwdi ' -�-".� jt'�' ILL � .,.:.. ,�\ . ■ • I • 'rrr�+ ■->�Ec_' • Zl C� • • .t :ii� fir- gii ` ■ R ■ 6. t2� 4� 71 " ■ j ' ' t • � •s r S w: • I JJt �` r j 9 1 ., . • 11 � �■ t :i ..tyZ i ■ ■ " • OE i t s't • 1L.� B2 E' it SZ ■ i9� ■ ■ 3;'JAIa38 I' ■ E 66ti 1 J > �� d: • Ts { tic ■' ■ F �``Z„NPy' BIZ 1 �Z f 6t� ?Z ■ • "1Z ° 9 it Ei . y, 6� y; • ' � ° Lh' �` x.: • 03 N h d ., • t , • • r�,•I Nn y 1 3 St ;9f EE S 6Z �` G' ■ 53 9cLZ ° _—■ 'rte_: • Ica 9 .� 1,�'` . • J_ NOUMro>yd 'JiNOOMOd csen5..ulrnrevr`rwlilallo�'avoa ;', , 07 NO1N3B M�, s3n+1 9 a3�nriN3 tY3Af8l 1/YU3J � •o�,�ri d 1•r d•� imi r • E _ } \ .. 1 -.'rte °°•• n q■ ■/■ �m ■ .rar\�\�`,• .,t�. • ■r ■; • j r� n�' 1' O • ■ Li • L2' '\\ i �� '� 1 Ad.ter s�.« ? . �, ■'�-;1_: ■ ft a z �� •� EJ N ,■I 23 d ..S . • •�r, ■ • 91 ■1 Ol S3nt1 a a7�s'rlNa ■ I. • • dAll H3NAQd CSI 335jo r ` • el ►s:sTcriii ri ° � ■� j `�c�:. • �(.' `f � 671 ■ 6Z,. ■� o v ."o ■0 zCD oZ • _. . S3rv11 9 a3.0"4vi Ol 1 - MY�-tl z , t4 8M15�':b! NYU77 f7 33► t,?: ■',,■' I / n air u f�n� � :' • :':. �i 'am • . /■ 2 F S dA 3r M th:. ,9E SE 4E 4E D 52 92 ■ LZ 9Z S tar •l ■ a � sd � � . � f ; I b4 12 f r ' f w • f' S I� `Ire Ill R , o ; a. l i i b j N i 00O co I-- (D co 1 f i� gin Now .o �, �- � art� � �� i.��.a■ ■ �� co -n ni rf ■ r N r O I— I-- (D 0) co d s , N; ' �'---• Illllf • 001. i vm Ol s i r' i i l: N ® r � 00O \ 0) (D 0) co 7 .] h I �5 i 1 .7 T e ± 00 co ■wpm - m m ~' mum �.®®'®OR ®®1A®a® ®, moo. '-� ®® �-- s is wM 00 00 A co OJT i� � ,� �-a �' - �► � $ � ,,•'3,x:11 cif t1 �!1. 4 ® ♦ ® ® � , SRR ;moi �'� ��► � � ® .,� ., �-_,.. IN sii t� - -•� -, - 1■ �� ®o�-,.'' � , W10- U1 it01111■(�1��I�i�Ai1�l!I! A®lR�+' w��+.�.;18)►� w+r�r�� . M N t 00 V1 401 00 co Net 1�®rw 1rzg Wild � EIr� �-l �� q .�M ioii�� esl N%v1II1 F01mjINN on I�� .�....,. ��i��it■!r ill ld �� 1 11 P1, ►� M oil r��o� ��i�t �i� i;ll�ll.�►��I �,- �.. � I1 ._�, NEI rsii ii i 1,� 11 imps, CITY OF WATERLOO Council Communication Request by Black Hawk Economic Development, Inc. to rezone approximately 3.49 acres of land from"A-1" Agricultural District to "M-1" Light Industrial District, located at and adjacent to 200 Nevada Street. City Council Meeting: 1/22/2018 Prepared: 1/17/2018 REVIEWERS: Department Reviewer Action Date Planning& Zoning Schroeder, Aric Approved 1/17/2018 - 11:08 AM Clerk Office Even, LeAnn Approved 1/17/2018 - 12:45 PM ATTACHMENTS: Description Type ❑ Attachements - 200 Nevada St Rezone Al to M1 Cover Memo ❑ Legal Description Backup Material Motion to receive and file proof of publication of notice of public hearing_ HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of the Planning Prograrnrain ,g and Zoning Commission. Motion to receive, tile, consider, and pass for the first time an Ordinance SUBJECT: 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 at and adjacent to 200 Nevada Street. Motion to suspend the rules. Motion to consider and pass for the second and third tines and adopt said Ordinance. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval Transmitted herewith is a request by Black Hawk Economic Development, Inc. to rezone approximately 3.49 acres of land from"A-1" Agricultural District to "M-1" Light Industrial District, located at and adjacent to 200 Nevada Street. The applicant is requesting to rezone the properties in question to an industrial zoning to make existing industrial uses a permitted use and to allow for the expansion of existing uses and future industrial development. Access to the areas in question can be gained from Dunham Place and Nevada Street, which both are classified as Local Streets. Those two streets connect with Lafayette Street to the north, which is classified as a Page 83 of 182 Minor Arterial. Access can also be gained from Rath Street, which is Local Street from Vinton Street to the west, which is classified as a Minor Arterial. The area in question is located within the Zone-X, 500 Year Floodplain, protected by the flood control levee, as indicated by the Federal Insurance Summary Statement: Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0302F, dated July 18, 2011. There are many industrial businesses located within the"A-1"Agricultural District and many of these businesses want to expand or have expanded in the past. GE Railcar, located at 200 Nevada Street has done expansions in the recent past, however, since they are in the "A-1"Agricultural District and considered a legal non-conforming use, they have had to go through the variance approval process before the Board of Adjustment to allow for the expansion of a legal non-conforming use. Those particular variance requests for expansion were approved by the Board of Adjustment. The existing railcar use would be a permitted use within the "M-1" Light Industrial District. Rezoning the areas in question would allow for existing businesses to expand without the need to go through a variance review process and make them permitted uses and open up new ground for industrial development. Expenditure Required: N/A Source of Funds: N/A Policy Issue: Land Use and Economic Development. Alternative: N/A This area currently has a large number of industrial uses in the area that are Background Information: zoned "A-1" Agricultural District and rezoning the land will avoid the need to apply for a variance through the Board of Adjustment to expand a legal non- conforming use, and it will allow for new development to occur in the area. Legal Descriptions: See Attached Page 84 of 182 December 5,2017 REQUEST: Request by Black Hawk Economic Development, Inc. to rezone approximately 3.49 acres from "A-1"Agricultural District to "M-1" Light Industrial District, generally located in close proximity and along the railroad at 200 Nevada Street and four adjacent parcels. APPLICANT: Black Hawk Economic Development, Inc., 1001 Peoples Square, Waterloo, IA 50702. GENERAL The applicant is requesting to rezone the properties in question to DESCRIPTION: an industrial zoning to make existing industrial uses a permitted use and to allow for the expansion of existing uses and future industrial development. IMPACT ON The request would not appear to have a negative impact upon the NEIGHBORHOOD & surrounding neighborhood and land use since the area is mostly SURROUNDING comprised of industrial uses. There are some residences mixed in LAND USE: with the industrial uses in the vicinity just to the north of the railroad tracks. VEHICULAR & Access to the areas in question can be gained from Dunham Place PEDESTRIAN and Nevada Street, which both are classified as Local Streets. TRAFFIC Those two streets connect with Lafayette Street to the north, which CONDITIONS: is classified as a MinorArterial. Access can also be gained from Rath Street, which is Local Street from Vinton Street to the west, which is classified as a Minor Arterial. RELATIONSHIP TO The Cedar Valley Lakes Trail is located just south of the areas in RECREATIONAL question along the north side of the Cedar River. There are no TRAIL PLAN AND sidewalks within the immediate vicinity and this area may not be COMPLETE STREETS well suited for sidewalks due to existing industrial development and POLICY: unimproved streets in the area. However, if the streets were reconstructed, a potential could exist to extend sidewalks if need be, and that would appear to meet the Complete Streets Policy. ZONING HISTORY The area in question is zoned "A-1 Agricultural District and has FOR SITE AND been zoned as such since June of 1998 after it was rezoned from IMMEDIATE VICINITY: "U-1" Unclassified District, which is a zoning district that no longer exists. Surrounding land uses and their zoning are as follows: North — Predominately industrial uses with some residential uses, , zoned "M-1" Light Industrial District. South — Cedar River, zoned "A-1"Agricultural District. East — Existing industrial uses and vacant development ground, zoned "M-1" Light Industrial District. West — Existing industrial uses, zoned "M-1" Light Industrial District and "A-1"Agricultural District. DEVELOPMENT The area is comprised of industrial and residential development, HISTORY: which was constructed in the early 1900s to the 1950s. 200 Nevada St and Adj Land—A1 to M1 P&9&85f 6f 114 December 5,2017 BUFFERS/ No buffers would be required as a part of this rezoning request. SCREENING REQUIRED: DRAINAGE: The rezoning request would not appear to have a negative impact upon drainage in the area, however, if new development occurs, it will be required to submit a storm water detention plan to the Engineering Department for review during the permit process. FLOODPLAIN: The area in question is located within the Zone-X, 500 Year Floodplain, protected by the flood control levee, as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0302F, dated July 18, 2011. PUBLIC /OPEN There are no schools located within the immediate area of the SPACES/ SCHOOLS: rezone areas, and the Cedar River is located just to the south of the area in question. UTILITIES: WATER, There is no storm sewer within the area. There is a 54" sanitary SANITARY SEWER, sewer located to the south along the north side of the Cedar River. STORM SEWER, ETC: There is a 36" sanitary sewer in Nevada Street that travels southward and connects into the 54" sanitary sewer along the river. RELATIONSHIP TO The Future Land Use Map designates this area as Industrial, and COMPREHENSIVE the proposed rezone request would appear to be in conformance LAND USE PLAN: with the Future Land Use Map and Comprehensive Plan for this area. STAFF ANALYSIS — The areas in question are zoned "A-1"Agricultural District, ZONING however, there are multiple existing industrial uses that are ORDINANCE: considered legal non-conforming uses, and this area is comprised mostly of industrial development. The area was originally zoned as "U-1" Unclassified District, which was a zoning district commonly used for floodplain areas before the flood control levees were constructed in the 1960s and 1970s. The areas zoned "U-1" Unclassified District were discouraged from having new development occur within the floodplain. Due to the levees being in place, the area is protected by the flood control levee system and is not located within a regulated floodplain. In 1998, the "U-1" Unclassified District was eliminated from the Zoning Ordinance and all areas zoned as such were rezoned to "A-1"Agricultural District. There are many industrial businesses located within the "A-1" Agricultural District and many of these businesses want to expand or have expanded in the past. GE Railcar, located at 200 Nevada Street has done expansions in the recent past, however, since they are in the "A-1"Agricultural District and considered a legal non- conforming use, they have had to go through the variance approval process before the Board of Adjustment to allow for the expansion of a legal non-conforming use. Those particular variance requests for expansion were approved by the Board of Adjustment. The existing railcar use would be a permitted use within the "M-1" Light 200 Nevada St and Adj Land—Al to M1 P&qW 86f 6f Ifs December 5,2017 Industrial District. Rezoning the areas in question would allow for existing businesses to expand without the need to go through a variance review process and make them permitted uses and open up new ground for industrial development. STAFF ANALYSIS — SUBDIVISION There is no platting requested with this item. ORDINANCE: STAFF Therefore, staff recommends that the request to rezone RECOMMENDATION: approximately 3.49 acres land from "A-1"Agricultural District to "M- 1" Light Industrial District generally located along the railroad tracks at 200 Nevada Street and four adjacent parcels, 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 is in conformance with the Future Land Use Map and Comprehensive Plan for this area, which designates this area as Industrial. 4. Rezoning the land to an industrial district will allow for the expansion of existing businesses without the need for variance review, as well as make the area suitable for new light industrial uses. 200 Nevada St and Adj Land—Al to M1 P&9W87f 6f 1f� City of Waterloo Planning, Programming and Zoning Commission December 1 — E � — = — ' � ' 111111111 GIIIIIIIII1 . ♦ ": :dll� =1�'n i�ll� i�I11I. 1111: 1111 01111111111111111 1 .�' � @II! - � =1'II! 1111111 111111 :1111111111 - 11111■1111111 111111 11111 :.� II %�111� X11111 - 1111111 X11111 111111111■ 111111 ' �'� - 111: IIIII ■■IIIIII� � 11111111111 111111 - '� ��: 111111111111111 ��► _ ■■■■ 11 :II ��_ ■`■ 111111 =111111\ � __ ■_ ___ ■I�� 111111111111111�� __ ■11 == ■IIIIII� Illli 1111111111: �► \I! 11 � .�� ■■ .11� i�11= ■11111111 =_ . � :11 '�� I�II ■ � '�== 11111 - 1111111oil ■= ■ �� ■� /' '1� =111 11111111 ■= �� ■1111111111 �11111I11 ■, �jl�ll� __ I �., �� 11111111 —: 11111■ ____ ��_ � ' ■_ � � -- CCC � ♦ ��j �i�, y��1 111 � _ - � — 1 ��% �j��l, � � �\ = == ■Ili��//moi ��i%�1�� .— �� ,� �� ■ ■ ■ ■111 ��///I�� I� �� PONS,�� I _ ■111 �� I/ ��ip�� 'hILLV WO 11111 ■111■� �\ N®R 111111 . ■- _ �' 11111 111111111111 11 � �� == : 11111 111111111111 111 ►1 �� ■� 111 �I` � � \IIIIIIIIIIIII■ � 11■1 111111111111 11 tl■1 I■I ` 11111 111111111 . 111�1�1111\ .111.1111111. �1 J�\ 1111111111111■ == � �111111111111� _ � 111111111111= �� ■� 1 :1111111_ � 1 � 111111111111. -_ �� =1111111111111 _ , ' i 1 LITI - 11111 ' 11� �■ �■ " �� 1 ■ 11111; 1111■ �■ ■ ,��``` __ ■ milli �I■ �� =\��\ 1 ' � 111111 111111■■ ■ 20o Nevada Street II■II �IIII� ��IIII■1 ■� � • �■_ � ■1111 1111111 , � � � — � Rezoneto Black Hawk EconomicDevlopment, 500 . 1,000 @/IOO Feet -. •' 88 of i City of Waterloo Planning, Programming and Zoning Commission December 5, 2017 . COo Fs g ¢ „ ¢ 0'00'� pz o ST � „ EIGHMEY ST EIGHMEY ST w :T l,' - CO LU r'��►� V 1 d r W ¢s •~ � Q) l ... f s, r ^� � �� ' `►� , '� 200 Nevada Street LU .......... ------ , r pp 1 I p �V r �! 4 t < v Cedars River Legend Rezone T Area ti N 20o Nevada Street w E Rezone A-1 to M-1 s Black Hawk Economic Devlopment, 250 125 0 250 Inc. Feet ' Page 89 of 1ofik City of Waterloo Planning, Programming and Zoning Commission December 5, 2017 1 C—Z JCOLu �O FS,T Q QOJ Z}, 's EL <FST EIGHMEY ST EIGHMEY ST i a C CO � d o Q w R-2 z J Q f z z _ LU vIlk - - - - . . . . . . . . . . 4 - , v A. Ciedar _ - - - - - . - - - - - - Rier Legend Rezone Area v N 20o Nevada Street w E Rezone A-1 to M-1 s Black Hawk Economic Devlopment, 250 125 0 250 Inc. Feet ' Page 90 of 11PI) 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):Black Hawk Economic Development, Inc. Address: 1001 Peoples SquarePhone: 319-235-2960 Fax: 319-235-9171 City: Waterloo State: IA Zip: 50702 b. Status of applicant: (a)Owner x (b)Other (CHECK ONE): If other explain: c. Property owner's name if different than above(please print): N/A Address: Phone: Fax: City: State: Zip: 2.PROPERTY INFORMATION: a. General location of property to be rezoned: 200 Nevada Street, Waterloo, IA 50703 b. Legal description of property to be rezoned: refer attached c. Dimensions of Proposed Zoning Boundary (Excluding Right of Way): d. Area of Proposed Zoning Boundary(Excluding Right of Way): e. Current zoning: A-1 Requested zoning: M-1 f. Reason(s)for rezoning and proposed use(s)of property: Construct a two car tent buildincr__on site arld t-,p_bring property zoning into compliance with adj - * - ' c--perties The proposed use is as currently being used railroad car_rep it and g. Conditions(if any)agreed to: maintenance. h. Other pertinent information(use reverse side if necessary)Requested rezoning is to support expansion and retention of Union Tank Car Repair Services operations in Waterloo, IA. 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, Program ' g, and Zoning Commission and the Waterloo City Council in making their decision. The undersigned aut •i Ci ing Officials to enter the property in question in regards to the request. BLACK C DEVELOPMENT, INC. By: 11-22-17 Signature of Applicant Date Sign re o nor Date Lucas P. sen, President Page 91 of 12J) Rezoning Request— 200 Nevada Street and Adjacent Properties j 200 Nevada Street. Looking north from 200 Nevada Street at where Nevada Street enters the site. t rt Looking south from the end of Nevada Looking northwest from 200 Nevada Street Street. The area on the right is requested to at one of the parcels requested to be be rezoned. rezoned. Page 92 of 1,14 Legal Description—200 Nevada Street parcels Lots Nos. 1 and 2 in Block No. 5 in "Eighmey's Out Lots"Waterloo, Iowa, except the right of way of the Illinois Central Railroad Company conveyed by Warranty Deeds recorded in Town Lot Deed Records 120, page 431 and 132, page 158 of the records of Black Hawk County, Iowa. The South 50 feet of Lot No.4 in Block No. 4 in "Eighmey's Out Lots" Waterloo, Iowa, except the right of way of the Illinois Central Railroad Company conveyed by Warranty Deed recorded in Town Lot Deed Record 132, page 157 of the records of Black Hawk County, Iowa. That part of vacated Dewar Street in "Eighmey's Out Lots" Waterloo, Iowa, bounded as follows: Beginning at the Southwest corner of Block No.4 in said Out Lots; Thence East along the South line of said Block to a point that is 135 feet West of the Southeast corner of said Block;Thence Southeasterly to a point in the North line of Block No. 6 in said Out Lots that is 50 feet West of the Northeast corner of said Block; Thence West along the North line of said Block to the Northwest corner of said Block;Thence North to the point of beginning. Lots Nos. 1 and 11 in Block No. 6 in "Eighmey's Out Lots" Waterloo, Iowa, except the right of way of the Illinois Central Railroad Company conveyed by Warranty Deed recorded in Town Lot Deed Record 132, Page 158 of the records of Black Hawk County, Iowa, and except that part of Lot No. 11 conveyed to the City of Waterloo, Iowa, by Warranty Deed recorded in City Lot Deed Record 587, at page 29 of the records of Black Hawk County, Iowa. Lots Nos. 2 and 14 in Block No. 7 in "Eighmey's Out Lots" Waterloo, Iowa, except the right of way of the Illinois Central Railroad Company conveyed by Warranty Deed recorded in Town Lot Deed Record 132, Page 158 of the records of Black Hawk County, Iowa and except that part of Lots Nos. 2 and 14 conveyed to the City of Waterloo, Iowa, by Quit Claim Deed recorded in City Lot Deed Record 587, at page 29 of the records of Black Hawk County, Iowa. All that part of Lot 3, Block 3, and Lot 3, Block 4, in Cotton's Addition and all that part of vacated Indiana Street, in the City of Waterloo, Black Hawk County, Iowa, lying within the following described boundary: Beginning at the Northwest Corner of said Lot 3, Block 3;Thence East to the Northeast corner of said Lot 3, Block 4; Thence South along the East line of Lot 3 in said Block 4 a distance of 15.0 feet; Thence Southwesterly to a point on the West line of Lot 3 in said Block 4, which point is 45.0 feet South of the Northwest corner of Lot 3 in said Block 4;Thence Southwesterly to a point on the East line of Lot 3 in said Block 3,which point is 73.0 feet South of the Northeast corner of Lot 3 in said Block 3;Thence West parallel with the North line of Lot 3 in said Block 3 to the West line of Lot 3 in said Block 3;Thence North to the Point of Beginning. Page 93 of 182 That part of Lot Eleven (11),Auditor Rainbow's Consolidated Plat, Black Hawk County, Iowa, described as follows: Commencing at a point on the Westerly line of Dunham Place at the intersection of the Southerly line of the Chicago Central and Pacific Railroad Company, formerly the Dubuque and Sioux City Railroad, extended;Thence S71°31'46"E Fifty-two and Seventy-two Hundredths (52.72) feet along said Southerly line to the Point of Beginning of this description;Thence continuing along said Southerly line S71°31'46"E Two Hundred Ninety-eight and Eighteen Hundredths (298.18)feet to a point on the East line of said Lot Eleven (11);Thence S00°08'10"E Eighty-four and Forty-one Hundredths (84.41)feet along said East line; Thence N56°03'48"W Seventy-five and no Hundredths (75.00)feet to a point which is Sixty and no Hundredths (60.00)feet normally distant from said Southerly line of the Chicago Central and Pacific Railroad Company;Thence N71°31'46"W Two Hundred Forty-one and Eighty-six Hundredths (241.86)feet along a line parallel to and Sixty and no Hundredths (60.00) feet normally distant from said Southerly line of the Chicago Central and Pacific Railroad Company,to a point on the Southeasterly line of a parcel described in the Warranty Deed of Town Lot Deed Record One Hundred Forty-six(146) at page Eight (8);Thence N08°06'29"E Sixty and Ninety-nine Hundredths (60.99)feet along said Southeasterly line to the Point of Beginning. Page 94 of 182 CITY OF WATERLOO Council Communication Motion approving Final Quantity Summary for a net decrease of$64,955.72, for the FY 2016 W. 2nd, Cedar, and W. 3rd Street Improvements, Contract No. 912, and authorize the Mayor and City Clerk to execute said document. City Council Meeting: 1/22/2018 Prepared: 1/17/2018 REVIEWERS: Department Reviewer Action Date Engineering Thorson, Eric Rejected 1/17/2018 - 10:48 AM Engineering Ross, Tracia Approved 1/17/2018 - 10:47 AM Engineering Thorson, Eric Approved 1/17/2018 - 10:55 AM Clerk Office Even, LeAnn Approved 1/17/2018 - 12:41 PM ATTACHMENTS: Description Type ❑ Cont 912 Change Order 7 Final Cover Memo ❑ Cont 912 Final Qty Summary Cover Memo Motion approving Final Quant4 Summary for a net decrease of$64,955.72 SUBJECT: for the FY 2016 W. 2nd. Cedar. and W. 3rd Street Improvements Contract No. 912, and authorize the Mayor and City Clerk to execute said document. Submitted by: Submitted By: Jamie Knutson, Associate Engineer This is the accumulated amount of adjustments from original to final quantities that were determined necessary during the construction of the Summary Statement: project, which results in a decrease to the total project cost. Source of Funds: GO Bonds Page 95 of 182 CITY OF WATERLOO, IOWA CHANGE or EXTRA WORK ORDER NO. 7 PROJECT: FY 2016 W 2114, Cedar and W 31c' Street Improvements Date Prepared: December 28, 2017 AMOUNT: $ 64,955.72 Decrease TO: Peters Construction , Contractor You are hereby ordered to make the following changes from the plans and specifications or perform the following extra work on your contract dated 6/20/201 A. Description of change to be made or extra work to be done: Adjust original construction quantities to actual construction quantities. B. Reason for ordering change or extra work: As-built quantities varied for some bid items. C. Settlement for cost of work to be made as follows: Compensation already made to contractor through original bid items. See attached summary. Division 1,3,4 2,224.07 Division 2 -66,888.43 Division 5 -291.36 Total Net Decrease -$ 64,955.72 CITY OF WATERLOO BY: Peters Construction Mayor Date CONTRACTOR BY: /AT � Date ATTEST: PRINTED NAME: --V." City Clerk Date TITLE:_ PRcsyLzr- tAA.vac_tyc_ APPROVED: (12 City Engineer Date T Page 96 of 182 . . I - $. zs 2t Bim 8 2 g _ 4 R AA lam 9 Smlo 1 SS _- 1 $ 88 o ,I _ �� m S8 8 — 8 .88 S8 88 ,�.�8 se S 881 aCJ�$9 a;°e� .8188 3338'88888'88 , 88 8 8s;s 2W8_88 88888 8'88888,8m St8 "rte 8 A s �i 81 88 is G. sa as J� C8 8',88888168 18 8 8' 888 B z 8 88 s s Ss8 s8'. 8 aCG_ Sia 8888. mo8.8s 8S 8 8' 88i� 888 .asses 8 8 8 8 B 8' 8 -- < " " ^ ^ m �^ G z o 8 tl 93 8'... I 81, 96 o Rl21 8i8 8:88888 8 8 88888 m8 8 8,.5 88 8 8'' Ott 9:m 1 1 12 2 l t7' G' aI f oo i f:s �' ; yy �� ffEE� oEf E43333 •,E � iu - - - ^i4.,., i"""x rl "" mlm m m;mM A 3I.e^<4 2 2 N N SIZ; e'3�6II f LLF W� a ssm s$s�$n�aaxaMa$sssagammsa $snassa� ,; oW . . . . , , . tg aG�a 88 eN 8888sd G$$^., q89 oY 55 aFm ma „�z .88 RAS 88. ,88888: x ^e8T88m JG � 88$888$8$88888888$8$=s$Ssg88 8888888° ,xxx„„x - a - s W� s F z asssa.aa$aass$assas.as�sa.9Qssaasa.as.saa: w aG< 88858888888588888889�9883R888885888888 9e:Rm:9+.^.nrym8e& � xxxxxxxxxxxxxxxx IL osfZDt . . .o& m o F 951 x x x x x x x x x x x x x x x x -'�o °f--------------- „G� 88888888^8888$8m 08$88588^888 880 �R"xmgx m$N� -- _ -- m i 9'�h hh h35 OJJ h yhh n hh 7 t. 3.3:i,.I I'Q i3 nhut7OS zz o 23, g E E ? q:Sa�' &y� v 7.2 a9 C g8aga�ai<G�E�8 � 2„�Eo��zS'��ho �'u3Q ira �R�a � CITY OF WATERLOO Council Communication Resolution approving Completion of Project and Recommendation of Acceptance of Work, for work performed by Peters Construction Corporation, of Waterloo, Iowa, in the amount of$853,181.91, for the FY 2016 W. 2nd, Cedar, and W. 3rd Street Improvements, Contract No. 912, and receive and file two (2)year maintenance bond. City Council Meeting: 1/22/2018 Prepared: 1/17/2018 REVIEWERS: Department Reviewer Action Date Engineering Thorson, Eric Approved 1/17/2018 - 10:50 AM Clerk Office Even, LeAnn Approved 1/17/2018 - 12:57 PM ATTACHMENTS: Description Type ❑ Cont 912 Maintenance Bond Cover Memo Resolution approving Completion of Project and Recommendation of Acceptance of Work, for work performed by Peters Construction SUBJECT: Corporation, of Waterloo, Iowa, in the amount of$853.181.91, for the FY 2016 W. 2nd. Cedar, and W. 3rd Street Improvements. Contract No. 912, and receive and file two (2)year maintenance bond. Submitted by: Submitted By: Eric Thorson, PE. City Engineer Peters Construction Corporation has completed the above referenced project in accordance with the plans and specifications. Summary Statement: Transmitted also to the Clerk's Office is the Maintenance Bond that guarantees to remedy any defects in workmanship or materials that may develop in said work within a period of two (2)years from the date of the acceptance of the work under said contract. Source of Funds: GO Bonds Page 99 of 182 i UNITED FIRE & CASUALTY COMPANY CEDAR RAPIDS,IOWA 54-208197 MAINTENANCE BOND KNOW ALL By THESE PRESEN-F5:That we peters Construction Corporation of PO Box 2940 Waterloo, IA 50704 as Principal, and the UNITED FIRE & CASUALTY COMPANY, an Iowa corporation of Cedar Rapids, Iowa, and authorized to do business in the state of Iowa as Surety,are held and firnrly bound unto City of Waterloo in the penal sum of Eight hundred fifty-three thousand one hundred eighty-one dollars and 911100. ($ 853,181.91 ?Dollars lawful money of the United States of America, for the payment of which, well and truly to be made, the Principal and Surety bind themselves their and each of their heirs, executors, and administrators, successors and assigns, jointly and severally, firmly by these presents. Signed and delivered this 20th day of December A.D. 2017 j WHEREAS, the said Principal entered into a certain contract,dated the 20th _ day of June 2016,to fu.mish all the material and labor necessary for the construction of _ FY 2016 West 2nd, Cedar and West 3rd Streets Improvements, City Contract No. 912 in conformity with certain specifications;and WHEREAS, a further condition of said contract is that the said Principal should furnish a bond of indemnity, guaranteeing to remedy any defects in workmanship or materials that may develop in said work with a period of Two (2) years from the date of acceptance of the work under said contract;and WHEREAS, the said UNITED FIRE & CASUALTY COMPANY, of Cedar Rapids, Iowa, for a valuable consideration, has agreed to join with said Principal in such bond or guarantee,indemnifying said City of Waterloo as aforesaid; Now, THEREFORE, the Condition of This Obligation is Such, that if the said Principal does and shall, at his/her own cost and expense,remedy any and all defects that may develop in said work, within the period of Two (2) years from the date of acceptance of the work under said contract, by reason of bad workmanship or poor material used in the construction of said work, and shall keep all work in continuous good repair during said period, and shall in all other respects, comply with all the terms and conditions of said contract with respect to maintenance and repair of said work, then this obligation to be null and void;otherwise to be and remain in full force and virtue in law. Peters Construction Corporation MNCIPAL 3 fay [TED FIRE& CASUALTY COMPANY i By >r is .4770RNEY-N.FACC Nancy D Balt lod IWO Inc cl,II n,niI y Page 100 of 182 AECOM5l1 OM 319-232-6531 tel Sycamore Street 319-232-0271 fax Suite 222 Waterloo,Iowa 50703 www.aecom.com January 8, 2018 s `9qr- �u��SE_�TED CITY ENGINEERS Mr. Jamie Knutson, PE WATERLOO,IA City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 Subject: 2016 West 2"d, Cedar and West 3`d Street Improvements Single Speed Improvements City of Waterloo Contract No. 912 AECOM #60509363 Dear Mr. Knutson: The above-referenced project has been completed and constructed by the contractor, Peters Construction, in accordance with the plans and specifications completed by AECOM and dated May 29, 2016. The final paperwork for the project, including final increase/decrease change order, maintenance bond and the final pay estimate to release the contractor's retainage are included. Construction record drawings will be submitted when finalized. We appreciate the cooperation we have received from the city of Waterloo throughout this project. Should you have any questions or require additional information, please give me a call. Yours sincerely, (��— e w�i4 Larry E. Wiele, PE c: Mr. Matt Dunakey Attachments: As Noted Page 101 of 182 CITY OF WATERLOO Council Communication Motion approving Final Quantity Summary for a net decrease of$1,095.16, for the FY 2016 Flood Control Gatewell Repairs, Contract No. 895, and authorize the Mayor and City Cleric to execute said document. City Council Meeting: 1/22/2018 Prepared: 1/17/2018 REVIEWERS: Department Reviewer Action Date Engineering Thorson, Eric Approved 1/17/2018 - 10:45 AM Clerk Office Even, LeAnn Approved 1/17/2018 - 12:41 PM ATTACHMENTS: Description Type ❑ Cont 895_Change Order 1—Final Cover Memo Motion approving Final Quantity Summary for a net decrease of$1,095.16, SUBJECT: for the FY 2016 Flood Control Gatewell Repairs, Contract No. 895, and authorize the Mayor and City Clerk to execute said document. Submitted by: Submitted By: Jamie Knutson, Associate Engineer This is the accumulated amount of adjustments from original to final quantities that were determined necessary during the construction of the Summary Statement: project, which results in a decrease to the total project cost. Source of Funds: GO Bonds Page 102 of 182 CITY OF WATERLOO, IOWA CHANGE or EXTRA WORK ORDER NO. 1 PROJECT: FY 2016 Flood Control Gatewell Repairs,City Contract#895 Date Prepared: November 22,2017 AMOUNT: $ 1,095.16 Decrease TO: Ricklefs Excavating,Ltd Contractor You are hereby ordered to make the following changes from the plans and specifications or perform the following extra work on your contract dated March 7,2016. A. Description of change to be made or extra work to be done: Adjust original construction quantities to actual construction quantities. B. Reason for ordering change or extxa work As-built quantities varied for some bid items. C. Settlement for cost of work to be made as follows: Compensation already made to contractor through original bid items. See attached summary. Total Net Decrease $ 1,095.16 CITY OF WATERLOO BY: Ricklefs Excavating, Ltd. Mayor Date CONTRACTOR BY: Date ATTEST: CISIL-i"' 11\ PRINTED NAME: , 601fgt- Huai City Clerk Date TITLE: /4,C APPROVED: ' 18 City Engineer Date Page 103 of 182 m n A O m 4 A W N Y z7 Z -n ^_[ a > 4E; rn M M © m O Q- GS �^oi a -4 0 Q p En W { _ p m m nC n r N ;� v n1 O m C? D m z W m �• c o � � z F I fufu r o m c o m � � G Gz 9 � o rn "' IE p z v iAAfl� V�-iA A rn m m rtn SS0 S00Ln I�AS N i P o Y t, {S- f1o Q n cad $ S hN a c„ pd 4 p�p L3 pDp tpp] � C7 Q O b 0 0 � C y m g n g f' ter to A/l,+n � �w wCL N Cb) 0 � n FA w ria+ N rz � gg a $ o M W D Page 104 of 182 CITY OF WATERLOO Council Communication Resolution approving Completion of Project and Recommendation of Acceptance of Work, for work performed by Ricklefs Excavating Ltd. of Anamosa, Iowa, in the amount of$393,654.84, for the FY 2016 Flood Control Gatewell Repairs, Contract No. 895, and receive and file two (2)year maintenance bond. City Council Meeting: 1/22/2018 Prepared: 1/17/2018 REVIEWERS: Department Reviewer Action Date Engineering Thorson, Eric Approved 1/17/2018 - 10:51 AM Clerk Office Even, LeAnn Approved 1/17/2018 - 12:59 PM ATTACHMENTS: Description Type D Cont 895 Maintenance Bond Cover Memo Resolution approving Completion of Project and Recommendation of Acceptance of Work, for work performed by Ricklefs Excavating Ltd. of SUBJECT: Anamosa. Iowa, in the amount of$393.654.84, for the FY 2016 Flood Control Gatewell Repairs, Contract No. 895, and receive and file two (2) year maintenance bond. Submitted by: Submitted By: Eric Thorson, PE, City Engineer Ricklefs Excavating Ltd. has completed the above referenced project in accordance with the plans and specifications. Summary Statement: Transmitted also to the Clerk's Office is the Maintenance Bond that guarantees to remedy any defects in workmanship or materials that may develop in said work within a period of two (2)years from the date of the acceptance of the work under said contract. Source of Funds: GO Bonds Page 105 of 182 UNITED FIRE & CASUALTY COMPANY 118 Second Avenue SE, P.O. Box 73909 CEDAR RAPIDS, IOWA 52407-3909 MAINTENANCE BOND Bond Number 54209102 KNOW ALL BY THESE PRESENTS: That we Ricklefs Excavating Ltd of 12536 Buffalo Road Anamosa IA 52205 as Principal , and UNITED FIRE&CASUALTY COMPANY, an Iowa corporation of Cedar Rapids, Iowa, and authorized to do business in the State of Iowa as Surety, are held and firmly bound unto City of Waterloo 715 Mulberry Street Waterloo IA 50703 in the penal sum Three Hundred Ninety Three Thousand Six Hundred Fifty Four Dollars&Eighty Four Cents of($ 393,654.84 ) Dollars, lawful money of the United States of America, for the payment of which, well and truly to be made, the Principal and Surety bind themselves, their, and each of their heirs, executors, and administrators, successors and assigns,jointly and severally,firmly by these presents. WHEREAS, the said Principal entered into a certain contract,dated March 7th,2016 to furnish all the material and labor necessary for the construction of FY 2016 Flood Control Gatewell Repairs in conformity with certain specifications; and WHEREAS, a further condition of said contract is that the said Principal should furnish a bond of indemnity, guaranteeing to remedy any defects in workmanship or materials that may develop in said work within a period of 2 years from the date of acceptance of the work under said contract and WHEREAS, the said UNITED FIRE&CASUALTY COMPANY, of Cedar Rapids, Iowa, for a valuable consideration, has agreed to join With said Principal in such bond or guarantee, indemnifying said City of Waterloo as aforesaid; NOW, THEREFORE, the Condition of This Obligation is Such, that if the said Principal does and shall, at his/her own cost and expense, remedy any and all defects that may develop in said work, within the period of 2 years from the date of acceptance of the work under said contract, by reason of bad workmanship or poor material used in the construction of said work, and shall keep all work in continuous good repair during said period, and shall in all other respects, comply with all the terms and conditions of said contract with respect to maintenance and repair of said work,then this obligation to be null and void; otherwise to be and remain in full force and virtue in law. SIGNED, AND DELIVERED this 21st day of December A.D.,20 17 Epi I f{ uAiao Ind Principal By-_� UNI EDr ASUA TY NY 7 By ttor -i act Cassand J. a ey-Attor!iey;I act CONT0006 0101 // Page 106 of 182 UNITED FIRE.&CASUALTY COMPANA,CCDAR:RAPIDS,IA Inquiries: Sudety Department. UNITED FIRE&IN'DEMNITY CONIPANIY,WEBSTER,TX 118 Second Ave SE Ut FINANCIAL PACIFIC INSURA\ICE COMPANY,ROCKLIN,CA Cedar Rapids,IA -52401 CERTII'TED COPY OF POWER OF ATTORNEY: ; (original on file at home Office of Company—See Certification) KNOW ALL PERSONS BY THESE PRESENTS;:That UNITED FIRE&CASUALTY':COMPANY,a corporation duly organized and existing under thee laws of the State of Iowa; UNITED FIRE& IINDEMNITY COMPANY,a corporation duly organized and existing under the laws of the State of Texas; and FINANCIAL PACIFIC INSURANCE COMPANY,a corporation duly:organized and ekisting under the.laws of tine State of California (Inerein collective) called the Coni anies),and having their corporate headquarters in Cedar Rapids,State of Iowa;does make con and a mint collectively pp pp p} TIMOTHY J. GASSMANN, KEVIN S. MEASE,`� CASS'ANDRA .J.. DALEY, JENNIFER .J. FREYMARK: TRAGI A'. LYONS, EACH INDIVIDUALLY of CEDAR: RAPIDS''IA their true aud.laivfitl Attoiiiey(s)-in•-Fact with power and authority hereby conferred to sigtn,seal and execute in its behalf all lawfiil bonds,undertakuis?s and other obligatory instruments of similar nature provided that no single obligation shall exceed '$20,000,000.00 and to bind the Companies thereby as fully and to the sante extent as if such instruments were signed by the duly authorized officers of the Companies and all of the acts of said Attorney;pursuant to the'authority<hereby'given and hereby ratified mid'confirmed. The Authority Hereby granted shrill expire the 6th day of November, 2019 unless:;sooner revoked by UNITED FIRE& CASUALTY COMPANY,UNITED FIRE.&INDEMINITY COMPANY,AND FINANCIAL PACIFIC.INSURANCE COMPANY. This Power of Attorney is made and executed'pursuant°:toand by authority of the following bylaw duly adopted on May 151 2013;by the Boards of Directors of UNITED FIRE & CASUALTY COMPANY, UNITED FIRE & INDEMNITY COMPANY, and FINANCIAL PACIFIC INSURANCE COMPANY. "Article VI—Surety Bonds and Undeilakings" Section 2,Appointment of Attorney-in-Fact. "The President or any Vice President, or any other officer of the Companies may,from time to time, appoint by written certificates attorneys-in-fact to act in behalf of(lie Companies in the execution of policies of insurance, bonds, u ndertakitigs and other obligatory instruments of like nature. The signatue of any officer authorized hereby, and the Corporate seal;may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby;such signature and seal, when so used,being adopted by the Companies as the original signature of such officer and the original seal of the Companies,to be valid and binding upon the Companies with the same force and effect as though manually affixed. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Companies by their signature and execution of any such itnstruments and to attach the seal of the Companies thereto. The President or any Vice President,the Board of Directors or any other officer of the Companies may at any time revoke all power and authority previously given to any attorney-in-fact. \.,,Illlf�;i „1111°Illy„ „ IN WITNESS WHEREOF,the COMPANIES have each caused these presents to be signed by its Q$x�S�ItTyG `QEuND4''Yj�} ,�..S�ggy,, vice president and its corporate seal to be hereto affixed this 6th day of November, 2017 i CORPORATE c CORPORATE g 'Q`2�' -F UNITED FIRE&CASUALTY COMPANY =� UNITED FIRE&INDEMNITY COMPANY SEAL SEAL SFINANCIAL PACIFIC INSURANCE COMPANY //6Biniuuua�"\�• ,ore°• quniw,oC/ - By: State of Iowa,County of Limn,ss: Vice President On 6th day of November, 2017, before me personally came Dennis J. Richmann to tine known,who being by me duly sworn,did depose acid say; that he resides in Cedar:Rapids, State of Iowa; that lie is a Vice President of UNITED' FIRE& CASUALTY COMPANY, a Vice President of UNITED FIRE & INDEMNITY COMPANY, and a Vice President of FINANCIAL PACIFIC INSURANCE COMPANY the corporations described in:and which executed the above instrument; that lie knows the seal of said corporations;that the seal affixed'to the said instrument is such eorpoT to seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporations and that he sighed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. *nur� Judith A Davis z Iowa Notarial Seal • Commission number 173041 otary Public.. ow►. My Commission Expires 04/23/2018 My commission expires: 04/23/2018 I,David A. Lange, Secretary of UNITED FIRE& CASUALTY COMPANY and Assistant Secretary of 1ITE-D FIRE &INDEMNITY COMPANY; and Assistant Secretary of FINANCIAL PACIFIC INSURANCE COMPANY, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit,.and the copy of the:Section of the bylaws and resolutions of said Corporations as set forth ill said Power of Attorney;with the ;;ORIGINALS ON FILE IN TIME HOME OFFICE OF SAID CORPORATIONS,and that the same are correct transcripts thereof,and of the whole of the said originals,aril that(he said Power of Attorney ha not been revoked and is now in full force and effect: Ill testimo whereof I have rreiinto subs ri ed in name and affixed the corporate seal of the said Corporations'` this day of 20 . 0$Ifuny+4alu°1++uu.. ,,nulmnuiu \ yGAStt I1NSpq�9 ♦ Y I' `��Q.E. !,.// p ZF 0S F CORPORATE _ CORPORATE g Q•._��LY 2?ted O L>i Secretary,OF&C Assistant Secretary,OF&I/FPIC sPOA0045 0115 Page 107 of.182 AECOMAECOM 319-232-6531 tel 501 Sycamore Street 319-232-13271 fax Suite 222 Waterloo,Iowa 50703 www.aecom.com Q� January 5, 2018 Mr. Jamie Knutson, PE City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 Subject: FY 2016 Flood Control Gatewell Repairs City Project No. 895 AECOM#60492683 Dear Mr. Knutson: The above-referenced project has been completed and constructed by the contractor, Ricklef's Excavating, LTD, in accordance with the plans and specifications completed by AECOM and dated January 21, 2016. The final paperwork for the project, including the final increase/decrease change order and the final pay estimate to release the contractor's retainage, are included. Construction record drawings are also attached. We appreciate the cooperation we have received from the City of Waterloo throughout this project. Should you have any questions or require additional information, please give me a call. Yours sincerely'', Larry E. Wiele, PE C: Mr. Matt Dunakey PA60492683500_Construction_Support1690_Punch-List-Closeoul12018-01-15 J Knutson-Close-Out Docs-Galewell Repairs.docx Page 108 of 182 CITY OF WATERLOO Council Communication Motion approving Final Quantity Summary for a net increase of$22,872.00, for the FY 2017 East 5th Street Parking Garage Repairs, Contract No. 930, and authorize the Mayor and City Clerk to execute said document. City Council Meeting: 1/22/2018 Prepared: 1/17/2018 REVIEWERS: Department Reviewer Action Date Engineering Thorson, Eric Approved 1/17/2018 - 10:46 AM Clerk Office Even, LeAnn Approved 1/17/2018 - 12:41 PM ATTACHMENTS: Description Type ❑ Cont 930 Change Order 4—Final Cover Memo Motion approving Final Quantity Summary for a net increase of$22,872.00'. SUBJECT: for the FY 2017 East 5th Street Parking Garage Repairs, Contract No. 930, and authorize the Mayor and City Clerk to execute said document. Submitted by: Submitted By: Mark A. Boesen, Manager of Rehabilation Services/Building Maintenance This is the accumulated amount of adjustments from original to final quantities that were determined necessary during the construction of the Summary Statement: project, which results in an increase to the total project cost. Source of Funds: GO Bonds, FY 2015 & 2016 Background Information: Page 109 of 182 CHANGE ORDER N% 4___ owner: City of Waterloo Date: l-QB-18 Project: East 51h Street Parking Garage Renairs Owner's Contract No. 930 Contractor: McGill Restoration Date of Contract Start: 7-10-17 You are directed mmake the following changes|nthe Contract Documents. Description: 4'1 Repair additional floor drain and piping.$3,350.00 5'1 Add Grind, Route and Seal Pavement, 3190LF@$3.00=*12.122�08 6'1 Delete Caulk Sealant. 130LF@$7.80='*840.00 7'1 Add Additional G|ub Repairs. $8.240.00 Reason for Change Order: 4'1 Provide better ramp drainage by replacing a corroded drain and piping. 5'1Increase the repair scope ofjoint caulk sealant inparking ramp pavement minclude additional joints and maoku Grind m appNm�a|y3OLFofunoven ntroute aUwx|oUngcaulk joiuk�raoku.and seal with new ooa|ao� |m�udoaall labor, equipment, and materials associated with this work, 0'1 The contract caulk sealant bid item quantity was included in change order 5'1 with a new unit phue The contract quant|�was aubmequ*ndydadumedwith��ohanorder. � 7-1 Repair 206 square feet of additional slab to replaced cracked and settled slab. CONTRACT PRICE CONTRACT TIMES(Calendar Days) To substantial completion To final Completion Original: $444,854,00 Original Completion Date: 6-15-18�--__ —_—__---_' Previous CIO's(wDcxoEDUCT): Previous CIO's(AooxDEouuT):NIA �_______ This Co.V\ooxDEouol: $22,872.00 This oo.(momomnooT): Contract Price with all REN8so� approved Change Orders: $531,132.00 --------- -------- Revised onmp|otlomDate: 12-4-17_____ It is agreed by the Contractor that this Change Order includes any and all costs associated with or resulting on the vUnnyn�) o�emumemm, iomuu�gall|mpam.delays,and acmo|emVononmo. Other than tUeuv|uxumvon,undmnm- ~'~''~`—'nu�uauuve memuhmobonv��ne,omourdollar oompenoat�naso�ou|tofm|mChange o�er. — ' THIS DOCUMENT SHALL BECOME AwAMENDMENT roTHE CONTRACT AND ALL STIPULATIONS AND COVENANTS opTHE CONTRACT SHALL APPLY HERETO. APPROVED: By OWNER(Authorized Signature) Date Date AECOM,Inc. Projed Change Number order ND. CHANGE ORDER FORM AsooMmmu1ua4 ~~— Page 110 Of 182 r Change Order Totals for East 5th Street Parking Garage Repairs Contract No. 930 dated June 26, 2017 McGill Restoration Services Project Contract Amount: $444,854.00 Dated June 26, 2017 Change Order No. 1-1: 6,900.00 Council Approval - 9118117 i Change Order No. 2-1: -$12,272.00 Council Approval - 1012117 (not to exceed $75,000) Change Order No. 3-1: $68,778.00 Council Approval - 1012117 (not to exceed $75,000) Total these two CO's: $56,506.00 Balance of$75,000 approved 1012117 $18,494.00 Change Order No. 4-1: $22,872.00, requesting Council Authorization for an additional $4,378.00 in approved Change Order Amounts, about the $75,000 approved 1012117 Total Project Final Costs - $531,132.00 Page 111 of 182 CITY OF WATERLOO Council Communication Resolution approving Completion of Project and Recommendation of Acceptance of Work, for work performed by McGill Restoration, Inc. of Omaha, Nebraska, in the amount of$531,132.00, for the FY 2017 East 5th Street Parking Garage Repairs, Contract No. 930, and receive and file two (2)year maintenance bond. City Council Meeting: 1/22/2018 Prepared: 1/17/2018 REVIEWERS: Department Reviewer Action Date Engineering Thorson, Eric Approved 1/17/2018 - 10:49 AM Clerk Office Even, LeAnn Approved 1/17/2018 - 12:57 PM Resolution approving Completion of Project and Recommendation of Acceptance of Work, for work performed by McGill Restoration, Inc. of SUBJECT: Omaha. Nebraska, in the amount of$531,132.00, for the FY 2017 East 5th Street Parking Garage Repairs, Contract No. 930, and receive and file two (2)year maintenance bond. Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director McGill Restoration, Inc. has completed the above referenced project in accordance with the plans and specifications. Summary Statement: Transmitted also to the Clerk's Office is the Maintenance Bond that guarantees to remedy any defects in workmanship or materials that may develop in said work within a period of two (2)years from the date of the acceptance of the work under said contract. Source of Funds: GO Bonds, FY 2015 & 2016 Page 112 of 182 CITY OF WATERLOO Council Communication Resolution approving Second Amendment to a Development Agreement with Taylor Ventures, LLC, to amend the company name to Taylor Real Estate Holdings, LLC, and authorize the Mayor and City Clerk to execute said documents. City Council Meeting: 1/22/2018 Prepared: 1/17/2018 REVIEWERS: Department Reviewer Action Date Planning& Zoning Schroeder, Aric Approved 1/17/2018 - 10:45 AM Clerk Office Even, LeAnn Approved 1/17/2018 - 12:56 PM Resolution approving Second Amendment to a Development Agreement SUBJECT: with Taylor Ventures. LLC, to amend the company name to Taylor Real Estate Holdings. LLC, and authorize the Mayor and City Clerk to execute said documents. Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Recommended Action: Approval The second amendment to the development agreement to change the name Summary Statement: of the LLC in which the agreement is under from Taylor Ventures, LLC to Taylor Real Estate Holdings, LLC. Expenditure Required: None Source of Funds: N/A Policy Issue: Policies 1, 3, and 4 in the Strategic Plan dealing with economic development. Legal Descriptions: Tower Park No 6 Lot 2, City of Waterloo, Black Hawk County, State of Iowa. Page 113 of 182 CITY OF WATERLOO Council Communication Resolution approving the Real Estate Purchase Agreement with Muriel M. Eilers for the acquisition of property located at 2355 Independence Avenue, in the amount of$129,000 plus up to $5,000 in closing costs, and authorize the Mayor and City Clerk to execute all necessary documents. City Council Meeting: 1/22/2018 Prepared: 1/17/2018 REVIEWERS: Department Reviewer Action Date Planning& Zoning Schroeder, Aric Approved 1/17/2018 - 11:05 AM Clerk Office Even, LeAnn Approved 1/17/2018 - 1:04 PM ATTACHMENTS: Description Type Signed Purchase Agreement Backup Material Resolution approving the Real Estate Purchase Agreement with Muriel M. SUBJECT: Eilers for the acquisition ofproperty located at 2355 Itiftendence Avenue. in the amount of$129.000 plus up to $5.000 in closing costs, and authorize the Mayor and City Clerk to execute all necessary documents. Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Recommended Action: Adopt Resolution The City of Waterloo was approached by the family who owns approximately 2.9 acres of land within the Northeast Industrial Park to see if the city would like to acquire their property. The land is adjacent to Summary Statement: approximately 70 acres of land the City currently owns for developmental purposes. The additional 2.9 acres of land will not only add to the City's ability to expand the industrial park but will also allow for cohesive land use in the area where future industrial development is expected to take place. Expenditure Required: $129,000.00 plus up to $5,000 in closing costs. Source of Funds: Northeast Industrial Park TIF funds Policy Issue: Policies 1, 3, and 4 in the Strategic Plan dealing with economic development. Alternative: Not approve Legal Descriptions: UNPLATTED WLOO EAST E 132 FT W 1983.5 FT S 990 FT S 1/2 SW 1/4 SEC 20 T 89 R 12 Page 114 of 182 REAL ESTATE PURCHASE AGREEMENT TO: Muriel M. Eilers ("Seller") FROM: City of Waterloo, Iowa(`Buyer") Buyer hereby offers to buy, and the Seller by its acceptance agrees to sell, real property located at _2355 Independence Avenue, Waterloo, Black Hawk County, Iowa, and legally described as per the abstract of title; together with any easements and appurtenant servient estates, but subject to any reasonable easements of record for public utilities or roads, any zoning restrictions, customary restrictive covenants and mineral reservations of record, if any, herein referred to as the "Property,"upon the following terms and conditions: 1. EARNEST MONEY AND PURCHASE PRICE. The Purchase Price shall be $1293000.00. Of the Purchase Price, $100.00 is on deposit with the law firm of Clark, Butler, Walsh & Hamann, to be held in trust. The entire Purchase Price shall be due and payable in full at closing. If this Agreement is not accepted by Seller or if it is rescinded by Buyer for failure of title or any other reason provided for in this Agreement, then the earnest money held in trust shall be returned to Buyer. 2. POSSESSION AND CLOSING. Possession of the Property shall be delivered to Buyer at closing. Closing shall occur at City Hall, 715 Mulberry Street, Waterloo, within sixty (60) days after approval of this Agreement by the Waterloo City Council, subject to satisfaction of any conditions stated in this Agreement. i; 3. REAL ESTATE TAXES. Seller shall pay taxes prorated to the closing date in accordance with the provisions of Iowa Code § 427.2, and any unpaid real estate taxes payable in prior years, either paying Buyer, or giving Buyer a credit, for all of such taxes. Buyer shall pay all subsequent real estate taxes. 4. SPECIAL ASSESSMENTS. Seller shall pay at time of closing all installments of special assessments which are a lien on the Property as of closing or which can be verified to be owing as of the closing date but are not yet certified as a lien. Buyer shall pay all other special assessments or installments. 5. RISK OF LOSS AND INSURANCE. Seller agrees to maintain existing insurance to the date of closing and shall bear the risk of loss or damage to the Property to the date of closing. In the event of substantial damage or destruction prior to closing, the Buyer shall have the option to complete the closing and receive insurance proceeds regardless of the extent of damages or to declare this Agreement null and void. Seller will cancel insurance after closing. f 1 6. FIXTURES. Included with the Property shall be all fixtures that integrally belong to, are specifically adapted to or are a part of the real estate, whether attached or detached. The following items shall not be included: Seller retains rights to salvage all items on Property, but agrees not to leave the Property in a dangerous condition if taking exterior windows doors etc. type items the removal of which mgy weaken structural inte rit . Subject to the foregoing, Seller mgy remove furnace A1C cement steps, floor coverings, windows doors chandelier, wood trim, cabinets countertop, fencing, and outdoor plantings, Page 115 of 182 f f 7. CONDITION OF PROPERTY. Except as provided in paragraph 6 above, the Property as of the date of this Agreement, including buildings, grounds, and all improvements, will be preserved by the Seller in its present condition until closing. Seller sells the Property "AS IS" and makes no warranties, expressed or implied, as to the condition of the Property. Within 30 days after the acceptance of this Agreement, Buyer may, at its sole expense, have the property inspected by a person or persons of its choice to determine if there are any environmental or other deficiencies. Seller shall cooperate in providing reasonable access to Buyer's inspectors. Within this same period, the Buyer may notify the Seller in writing of any deficiency. The Seller shall immediately notify the Buyer in writing of what steps, if any, the Seller will take to correct any deficiencies before closing. The Buyer shall then immediately in writing notify the Seller that (1) such steps are acceptable, in which case this Agreement, as so modified, shall be binding upon all parties; or (2) that such steps are not acceptable, in which case this Agreement shall be null and void, and any earnest money shall be returned to Buyer. 8. ABSTRACT AND TITLE. Buyer shall, at its expense, obtain an updated abstract of title to the Property continued through a date that is within thirty (30) days of the closing. Seller shall provide any abstracts in its possession. The abstract shall show marketable title in Seller in conformity with this Agreement, Iowa law, and title standards of the Iowa State Bar Association. The Seller shall make every reasonable effort to promptly perfect the title. If closing is delayed E due to Seller's inability to provide marketable title, this Agreement shall continue in force and effect until either party rescinds the Agreement after giving ten days' written notice to the other party. The abstract shall become the property of Buyer when the Purchase Price is paid in full. Seller shall pay the costs of any additional abstracting and title work due to any act or omission of Seller, including transfers by or the death of Seller or its assignees. 9. SURVEY. Buyer may, at Buyer's expense, have the Property surveyed and certified by a registered land surveyor prior to closing if a survey is required by law. If the survey shows an encroachment on the Property or if any improvements located on the Property encroach on lands of others,the encroachments shall be treated as a title defect. 10. ENVIRONMENTAL MATTERS. A. Seller warrants to the best of its knowledge and belief that there are no abandoned wells, solid waste disposal sites, hazardous wastes or substances, or underground storage tanks located on the Property, the Property does not contain levels of radon gas, asbestos, or urea-formaldehyde foam insulation which require remediation under current governmental standards, and Seller has done nothing to contaminate the Property with hazardous wastes or substances. Seller warrants that the property is not subject to any local, state, or federal judicial or administrative action, investigation or order, as the case may be, regarding wells, solid waste disposal sites, hazardous wastes or substances, or underground storage tanks. Any exceptions to the warranties set forth above are fully described on a separate addendum attached hereto. f B. Seiler hereby represents that, to the best of its knowledge and belief, there is no active or abandoned septic tank or septic system on the property, except as described here: 2 Page 116 of 182 f f, C. Buyer may, at Buyer's expense, have the Property inspected further for the existence of any hazardous materials, substances, or wastes. Seller shall cooperate in providing reasonable access to Buyer's inspectors and engineers. If hazardous materials, substances, or wastes are discovered on the Property, Buyer's obligation hereunder shall be contingent upon s the removal of such materials, substances, conditions or wastes or other resolution of the matter reasonably satisfactory to Buyer. However, in the event Seller is required to expend any sum in excess of$1,000 to remove any hazardous materials, substances, conditions or wastes, Seller shall have the option to cancel this transaction and refund to Buyer all earnest money paid and declare this Agreement null and void. The expense of any action necessary to remove or otherwise make safe any hazardous material, substances, conditions or waste shall be paid by Seller, subject to Seller's right to cancel this transaction as provided above. 11. DEED. Upon payment of the Purchase Price, Seller shall convey the Property to Buyer by warranty deed, free and clear of all liens, restrictions, and encumbrances except as provided in this Agreement. General warranties of the title shall extend to the time of delivery of the deed excepting liens and encumbrances suffered or permitted by Buyer. 12. JOINT TENANCY IN PROCEEDS AND IN REAL ESTATE, If Seller, immediately preceding acceptance of the offer, holds title to the Property in joint tenancy with full rights of survivorship, and the joint tenancy is not later destroyed by operation of law or by acts of the Seller, then the proceeds of this sale, and any continuing or recaptured rights of Seller in the Property, shall belong to Seller as joint tenants with full rights of survivorship and not as tenants in common; and Buyer in the event of death of any Seller, agree to pay any balance of the price due Seller under this contract to the surviving Seller and to accept a deed from the surviving Seller consistent with Paragraph 15. 13. JOINDER BY SELLER'S SPOUSE. Seller's spouse, if not a title holder immediately preceding acceptance, executes this Agreement only for the purpose of relinquishing all rights of dower, homestead, and distributive share or in compliance with Section 561.13 of the Code of Iowa and agrees to execute the deed or real estate contract for this purpose. 14. STATEMENT AS TO LIENS. If Buyer intends to assume or take subject to a lien on the Property, Seller shall furnish Buyer with a written statement prior to closing from the holder of such lien, showing the correct balance due. 15. USE OF PURCHASE PRICE. At time of settlement, funds of the Purchase Price may be used to pay taxes and other liens and to acquire outstanding interests, if any, of others. 16. 1031 EXCHANGE. The parties acknowledge that Seller may desire to structure a 1031 tax-deferred exchange in connection with the proposed transaction. Buyer agrees to cooperate, at no cost to Buyer, with any reasonable request from Seller, and to execute any reasonable documentation requested by the.exchange agent,to facilitate an exchange. 3 Page 117 of 182 r 17. APPROVAL OF COURT. If the Property is an asset of any estate, trust, conservatorship, or receivership, this Agreement shall be subject to court approval, unless declared unnecessary by Buyer's attorney. If necessary, the appropriate fiduciary shall proceed promptly to a hearing for court approval. In that event a court officer's deed shall be used to convey title. S 18. REMEDIES OF THE PARTIES. A. If Buyer fail to timely perform this Agreement, Seller may forfeit it as provided in the Iowa Code (Chapter 656), and all payments made shall be forfeited; or, at Seller's option, upon thirty days' written notice of intention to accelerate the payment of the entire balance because of Buyer's default (during which thirty days the default is not corrected), Seller may declare the entire balance immediately due and payable. Thereafter this Agreement may be foreclosed in equity and the Court may appoint a receiver. B. If Seller fails to timely perform this Agreement, Buyer has the right to have all payments made returned to it, or Buyer may require specific performance by Seller. C. Buyer and Seller are also entitled to utilize any and all other remedies or actions at law or in equity available to them, and the prevailing parties shall also be entitled to obtain judgment for costs and attorney fees. 14. NOTICE. Any notice under this Agreement shall be in writing and be deemed served when it is delivered by personal delivery or mailed by certified mail, addressed to the parties at the addresses given below. Seller: Muriel M. Eilers 2355 Independence Avenue Waterloo, IA 50703 Co to: Sherr K'eld 843 E. Bi Rock Road Waterloo, IA 50703 Copy Y J Kim Hewitt, 6127 Sunnyside Lane, Cedar Falls, IA 50613 i= Buyer: City of Waterloo 715 Mulberry Street Waterloo,IA 50703 � Attn: Community Planning &Development Director 20. GENERAL PROVISIONS. In the performance of each part of this Agreement, time shall be of the essence. Failure to promptly assert rights herein shall not, however, be a waiver of such rights or a waiver of any existing or subsequent default. This Agreement shall apply to and bind the successors in interest of the parties. This Agreement shall survive the closing. This Agreement contains the entire agreement of the parties and shall not be amended except by a written instrument duly signed by Seller and Buyer. Paragraph headings are for convenience of reference and shall not limit or affect the meaning of this Agreement. Words and phrases herein shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender according to the context. s 4 Page 118 of 182 i i 21.NO REAL ESTATE AGENT OR BROKER. Neither party has used the service of a real estate agent or broker in connection with this transaction. f 22. ADDITIONAL PROVISIONS. t A. The parties acknowledge that Buyer is acquiring the Property for community f development purposes. Buyer's rights and duties under this Agreement are assignable to any person or entity that will further the development objectives contemplated by Buyer. B. Special contingencies to effectiveness_of Agreement. Notwithstanding any signatures below by representatives of Buyer,this Agreement is expressly subject to approval by the city council of Buyer. C. All tenancies, if any, shall be terminated before closing, and all tenants and tenant possessions removed from the premises before closing. D. Before closing, Seller may exercise salvage rights as set forth in paragraph 6. Buyer agrees to give at least 6 months' notice to Seller of intent to begin demolition. 23. ENTIRE AGREEMENT. This Agreement represents the entire agreement between the parties, superseding all prior or contemporaneous understandings, negotiations, discussions, or agreements between the parties with respect to the subject matter hereof. 24. ACCEPTANCE. When accepted,this Agreement shall become a binding contract. If not accepted by Seller on or before , 2018,this Agreement shall be null and void. Accepted by Seller2018 BUYER SELLER City of Waterloo, Iowa By: Muriel M. Ethers Quentin M. Hart, Mayor3 AV � � f A Attest: Kelley Felchle, City Clerk is k S 5 Page 119 of 182 CITY OF WATERLOO Council Communication Resolution approving a request by North Crossing, LLC for preliminary plat of North Crossing Addition, a 2- lot subdivision located at the northeast corner of Logan Avenue and East Donald Street. City Council Meeting: 1/22/2018 Prepared: 1/17/2018 REVIEWERS: Department Reviewer Action Date Planning& Zoning Schroeder, Aric Approved 1/17/2018 - 11:41 AM Clerk Office Even, LeAnn Approved 1/17/2018 - 12:55 PM ATTACHMENTS: Description Type ❑ Staff Report Cover Memo ❑ Preliminary Plat Cover Memo D Aerial Map Cover Memo D Deed of Dedication Cover Memo ❑ Engineers Letter Cover Memo ❑ Legal Description Cover Memo ❑ North Crossing Update of Changes Cover Memo Resolution approving a request by North Crossing, LLC for preliminary plat SUBJECT: of North Crossing Addition, a 2-lot subdivision located at the northeast corner of Logan Avenue and East Donald Street. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval Transmitted herewith is a request by North Crossing, LLC for preliminary plat of North Crossing Addition, a 2-lot subdivision located at the northeast corner of Logan Avenue and East Donald Street. Please find attached to this council letter the following items: • Staff report • Aerial photograph • Preliminary Plat • Legal Description • Report of City Engineer The request would not appear to have a negative impact on the surrounding neighborhood or land use. The area is currently seeing an increase in new commercial development with recent approval of rezone and plat requests. The request would not appear to have a negative impact on vehicular or Page 120 of 182 Summary Statement: pedestrian traffic movements in the area. The area is served by Logan Avenue, Highway 63 and East Donald Streets. Logan Avenue is classified as a Principal Arterial while East Donald Street is classified as Minor Arterial. The submitted plat shows two new lots being platted along the northeast corner of Logan Avenue and East Donald Street. Lot sizes of the two lots are 17.8 and 2.74 acres in size, and it appears allproper setback lines are denoted. Access to lot 1 will from an existing access along East Donald Street and a proposed new access from Logan Avenue. Lot two will have access from three access points. There are two along East Donald Street and one main entrance from Logan Avenue. There is a Tract A to east that will serve as a water detention basin. At the January 9, 2017 Planning, Programming and Zoning Commission meeting, the Commission voted unanimously to approve the preliminary and final plat. Expenditure Required: None Source of Funds: N/A Policy Issue: Land Use and Economic Development, policies 1, 3 and 4. Alternative: N/A Background Information: N/A Legal Descriptions: See attached Page 121 of 182 January 9,2014 REQUEST: Request by North Crossing, LLC for preliminary and final plat of North Crossing Phase 1, a 2-lot subdivision located at the northeast corner of Logan Avenue and East Donald Street. APPLICANT: North Crossing, LLC, 808 Dearborn Avenue, Waterloo Iowa 50703 GENERAL The applicant is requesting to plat a 2-lot commercial subdivision DESCRIPTION: located at the northeast corner of Logan Avenue and East Donald Street. IMPACT ON The request would not appear to have a negative impact on the NEIGHBORHOOD & surrounding neighborhood or land use. The area is currently SURROUNDING seeing an increase in new commercial development with recent LAND USE: approval of rezone and plat requests. VEHICULAR & The request would not appear to have a negative impact on PEDESTRIAN vehicular or pedestrian traffic movements in the area. The area is TRAFFIC served by Logan Avenue, Highway 63 and East Donald Streets. CONDITIONS: Logan Avenue is classified as a Principal Arterial while East Donald Street is classified as Minor Arterial. RELATIONSHIP TO The West Donald Street Recreational Trail, adjoin the site to the RECREATIONAL south which travels west from the corner of Highway 63 and TRAIL PLAN AND Donald Street connecting into the trail network at George Wyth COMPLETE STREETS State Park. A trail spur is also planned along Heath Street north of POLICY: West Donald Street, ending at the corner of Highway 63 and Heath Street, where traffic operations have determined that this intersection would be warranted for traffic signals, thus providing a regulated pedestrian and bike crossing across Highway 63 directly into the development. ZONING HISTORY The area in question is zoned "C-2" and "C-P" Planned Commercial FOR SITE AND District and has been zoned as such since the adoption of the IMMEDIATE VICINITY: zoning ordinance in 1969. Surrounding land uses and their zoning are as follows: Surrounding zoning classifications & uses are as follows: North- "C-2 Commercial District-Car Wash and Mc Donald's East- "R-4" Multiple Residence District- Logan Plaza Site-Day Care- and medical office South- "C-P" Planned Commercial District-Walgreens West- "C-2" Commercial District-Allen Hospital Parking-three homes and a bar DEVELOPMENT In the past few years, a new Hy-Vee Grocery store has been HISTORY: constructed to the northwest of the site on Highway 63, Walgreen's has completed their store at the southeast corner of Donald Street and Highway 63, and Allen Hospital has completed their $47 million expansion. Also, the City of Waterloo has completed two stages of reconstruction of Highway 63 from Donald Street to West Parker Street, and is in the planning stages to complete stage three from North Crossing-Phase I Plat Page 1 of 4 Page 122 of 182 January 9,2014 Franklin Street to Jefferson Street. BUFFERS/ No buffers would be required as a part of this platting request. SCREENING However, as the area develops for commercial uses, it may be REQUIRED: necessary to screen new uses as growth continues northward towards existing residences. When new development occurs, it will be required that a proper landscaping plan is submitted for each new commercial development. DRAINAGE: There are known drainage issues associated with the site. A grading plan has been submitted and approved. FLOODPLAIN: This site is not located within any floodplain, as indicated by the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map 19013C0189F. PUBLIC /OPEN This area is served by Dr. Walter Cunningham School For SPACES/ SCHOOLS: Excellence (PK-5), George Washington Carver Academy Grades (6-8) and Waterloo East High School. Gates Park Golf Course is approximately 4 blocks to the east. UTILITIES: WATER, The utility changes for the site appear to need more clarification. SANITARY SEWER, STORM SEWER, ETC: RELATIONSHIP TO The Future Land Use Map designates the area as Commercial, COMPREHENSIVE and this request would be in compliance with such designation. LAND USE PLAN: The site is located within the Primary Growth Area as designated on the Growth Area Map within the Comprehensive Plan. STAFF ANALYSIS — The area of the plat is zoned "C-2" Commercial District, which is ZONING intended to provide for areas of the community which are ORDINANCE: developed or will be soon as moderate intensity commercial area. These areas are often associated with major traffic arteries and highways, which this site is located along Logan Avenue and East Donald Street. The zoning would allow for the development of commercial uses, professional office uses and residential. STAFF ANALYSIS — The submitted plat shows two new lots being platted along the SUBDIVISION northeast corner of Logan Avenue and East Donald Street. Lot ORDINANCE: sizes of the two lots are 17.8 and 2.74 acres in size, and it appears all proper setback lines are denoted. Access to lot 1 will from an existing access along East Donald Street and a proposed new access from Logan Avenue. Lot two will have access from three access points. There are two along East Donald Street and one main entrance from Logan Avenue. There is a Tract A to east that will serve as a water detention basin. Staff has several questions and comments regarding the preliminary plat. The name of the plat is Phase 1 instead of a more traditional plat name like North Crossing Addition with subsequent developments to be titled First addition, Second Addition etc. The order of the three sheet plat should be changed to make better chronological order by using sheet 3 as sheet 1 of 3, sheet 1 as 2 North Crossing-Phase I Plat Page 2 of 4 Page 123 of 182 January 9,2014 of 3 and sheet 2 as 3 of 3. Some of the information is not legible due to the scale and congestion of lines and notes. There is a Note on the plat that says there are 2' contours but with the scale of plat the elevations are not legible. Existing Lots 1 and 2 in Logan Plaza First Addition need to be labeled with existing subdivision name. Existing car wash on Lot 2 Logan Plaza First Addition is not shown as an existing feature. A Proposed "Permanent 30' Wide Sanitary Sewer Easement" appears to be through/under a building (now under construction) but was likely the existing sewer. New sewer was constructed south of this building according to plans prepared by AECOM for site development. Permanent easement needs to be revised to the new sewer location. The plat should show existing utilities as they have been constructed, as there are some discrepancies between the site development plans and those shown on the plat, as well as any proposed utilities. On existing sheet 1 of 3, change reference to proper page number On existing page 2 of 3, the record distance from point 19 to point 22 shows 1331.46 and record distance of 209.14 which appears to be a typo. Need to show proposed easements for MidAmerican Energy electric that have or will be provided to serve the new development. In the Deed of Dedication Section C Permitted Uses, a) states that Lot 1 may be used for a convenience store with fuel sales and car wash. Under b) it states that lot 3 "may" be used for storm water detention. Lot 3 should read Tract A and should read "shall" be used for storm water detention. Also there should reference to lot 1 as to what uses are permitted. North crossing-Phase I Plat Page 3 of 4 Page 124 of 182 January 9,2014 STAFF Therefore, staff recommends that the request for the preliminary RECOMMENDATION: and final plat of North Crossing be approved for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area. 2. The request would not appear to have a negative impact upon pedestrian and traffic conditions within the surrounding area with proper traffic control measures in place. 3. The request is in conformance with the Future Land Use Map and Comprehensive Plan for this area, which designates it as Planned Commercial. 4. The request appears to meet the intent of the Subdivision Ordinance. Subject to: 1. That all questions and comments be addressed and added to the preliminary plat as requested by staff prior to going before the Waterloo City Council for final vote. North Crossing-Phase I Plat Page 4 of 4 Page 125 of 182 0 0 H W W x N ��F a Z .=FZ7 U y ro F-N00 m y x o V1wF-U V a ¢ N �U Z J Q rc ao Z W 2�m w 0 x n a x m U o O F-N0 SON~❑ w ° > F_F:W J w o o z o Z Z z w a a0 K pOsw z mza a W� d D 7 J o f a p Om F W LLWaLL.a > N NONW W R >. Z ~ W = aNW zQ O=W 0' F aQ mwpwa o m w U Z N Z N=�J3 aOQ DO F NW Q7U M� O O N H N O w 0 a•♦-FL J W ZF ZZ O W x ZNOOo Z 1' a W < m F- OaO m6N Z'QO O H, OWJUF : 6 w N W d Q LL.Z Oz OOzz LL NO W2 2 ❑ LLO mO7 H w~�oww Np��F•-a LLI-Z LLF� w 2Zw x°wmmrc w Q QFFF-U0 0-t.: ZON Q Nw zaYy� 3> aN J d?W W LL H(9z-a,��a W pW OOQN CL Q ZI-?i�d0 w?¢a_zi O 00x 0(L 222W =wWLL'N- 111 f NE NNQmLL 7, N UN~ f z W O ao O O LL Z O p =10 Q w Oaf w 05Z wwowww z U Fx-Imi W NUN W �a00LU NULLOUrwo0 'V z QLLOZm m J = m=gym W z U) O�wwF- Fok-Na z U) W==ILY �oU�o o aC7 -it'0 io��a W 2 F-Z 0 w U_ >W-mJ' cc W W Z U J U 00 Y WP w N w < U F� Q watWz Z Q w a F o _ LL< Cl) oN�m� z m m U w CL .ma�y/ ZpaN m =W�moy j Q F- a a w m o Q w 0 W W LL O7zcro JWw J N N o W zom �¢¢sz0 F-ZDO Z I I i �m0 U 0��02 xN¢oWx O W wa w I I Z Cl) 2 ozz wa ! Z S W W� - y»z Z, 2 o zoLLo OF 7 LL'2F-z 9ooa~J W JOFIL w QWZWjf Y UF-p0m u UO0Z UO w Z Q Zamora waUowm x z J W w aa-CL c HO1yzm a y a w 0 Z H o z f m > a a a LL Z x P a 0<0 J J w J J U : 2 > 7 - 00 m�% - -- 0 0�4 ve � U m yL 90 z h I I ' LU--4 N Q Ff� m 1 _ w W ------------- U) ------------- -- --- - --- / -- �, _ ��- '- - -- -889-- - .� 1 .a Z O �� ®� ------- tea' 0 �- --- w r ---- -��--=1' z b C±3 C5 , li NO w a- ~ C .0ON J naF O �F- s� � _ _ _ .I -_I _�I —•� I , • ll„ a � I �l j - pN ---__________,.,�. . I -"- J J K Z �/ "_m s3iavnnn-O-a a F. £9'AMH 'S'n Q¢0 3f1N3AV NV901 a Fraa i. H7 Ntl0 SNOISN3tl ON dary tltl. N O I l I a a`d Hary r o ON �,,� 9NISSO210 Hi JON F0105 oTol'ool.le;tlM WOJ��V lb's d A J V N I W I�3 2J d }eek;S a wooFS 105 K „} W V Z O F Z 1S SALIN 3 ° Ftn_OO o F ro fn W F U 15 aAINOH � W' W U w > a o O� cq0 ° 00OW� < w 2 �o c, r J� o p Q Fm:Lu F o o I m a F j O z a a m O HIf)L=11 j W Z> 1S H1h 3 >a U K U w Q W Z j z Q a a FLL J W r Q ❑ ❑W Z,O >LL w ¢O m U O- F IL Z O O O W d ¢ Z,WO WEU �O O wxw� �w �iw Q ❑ ¢�FFQp 0 0 Z�° woaO J ❑ d¢W W as 3�niNoai c7 o oz a�o<.� Q z a 0 r z ¢ 2 2=W as a�viNoaA And NV'JO� z a O z U` 0 FFF ❑ M �- Qp�pinF J¢00WQ E. Q LLOzu) (j) a �ra�r z (� 0 W W F Y W Q O w O ¢O F F O< is H-AH y a r F,LL "ww¢ F¢LL W F¢ v r<(D OFF J Uz00w E2 �UOa� Lu U W 0 F W U w °z w W a>W° = FW��¢ � ❑z LL¢F.n J w a,ZZ❑ W❑¢ao u ZLLJ p W W m a a zm¢- �� z F O ¢¢¢2 Z O v z m a O r w ti z Z a w V, ¢" D. ¢ W Z O<;� K F a 0 00 0 _o oz(D2w� v � w F�2 �ww Oa ul aU O>o�3 -- ----Y�-- w� Z=w WF z aaw m�� Uci �o wmcW� �o zUW�❑� / dw F w rZa r❑� r0 rm rma w w mxV'Z� �� LL U p =0 2 zaa zz zo z� zwa �z w � ww aw c 7 LL=F z LL E-t W QY wfy wo W KN gQ z w O.x�w,a O �❑ J U F LL 20Zm 2 VJm W w W N W W O°a Q W❑a. p J m Z U F O W a Q W QN aZ W Q W Qo Q❑m W > (/1�a W Z �,z F Z r' ¢ K(l1N° Z Q O0 F LL Gro W w0 w❑ w4rr, Na z r ,Fr�� (?LL Z Z w W a ��Ur D- = z Odra c7Uw o" u. c50z U° � J a Z:Zzo zzyw ¢Ug p w3wo p=d fn F ti�W y FKZ FFo FF F W� ❑ ❑ z xa�F W F�Fw ��W cnOrgZ ZFpZ cn o❑: �nww vQ rn� fnm'a Z o �m�z¢o tn[C�N0 W D< ¢LL Z X X H Z Y X w a x a o X r X O a> O LL w O x¢a w❑ X W F¢O Q Z Q LL wX Z<. w WE W InN w W Zw" N z Zr Wu< Lu a- W O e� AMS Hit, _—_____—_— _—_—_—___—_—_—_—__ _3 _— J M I o o n N z�mLL U m� I I �NNaa O J �Z �> Io�W❑a wYa a o z m M Z w,q I zzu LL° ED (D v Z h wwma M r w w a H m I w N ❑ W w ~ G ® O r � � r� �a ri -----------M aw %'� �A_ �I n lJ z r Q� i �_F___Ov` � oo ,0Y^ ❑ C7 W a 'V ¢ma W g I I 'w IL NWU' z�v s y� -Z �— W A_ 1, wwm OVJ'O ?WON am canmw I I Zaw ~2a U �s82` 'S►�b wwS O O� I 2xN 5E w< '^ j -- w- W �� I � aww U C-) (/ r r a o O e.' _ oLL oa=o Via_ rc _— �Z m Y a Q O ❑m (S3IHVA AA-o-H) F N U N— a rano 99'A IIA H's n U w uWi 0❑ ❑ ❑ a¢ m o 3HN3AV NVJO aI Y w r o o M❑W w r w I` > W Q¢ V,Z r d(A ❑ w� a o�v w ol�v ¢o a wwo r" �zw o �w ❑aN w °rN ZZ > zF ❑ ❑� O°NLLQ ZYCDa C7 Oinw Z U' �Z°U F<�W N wZ ANO W m JZ . JY a �¢—yU z w X O ma Jma ma awo ag o - x a dw❑ XWHaO U . WdJW❑ KWU❑z w¢ w LL 1E aw N Z ° "°' x x mO x rw �- � w G p WW o LL W W 2 M W a z o w 5 0 o G g o x r ° F z r w ? u a Z w = w m o ao G 3 z o ° 2 0 0 o p o m o r o as ? 5 o w m x w r s m i f a 3 rc m w = a 5 i d p w z z a w u o o Z $ o o a m i u w G i a a = o $ z o o z z m N o F z w °z � z3 O1x '� w ? SZ mom = N. 0 ° Go ¢ mN2 , w r = rm rsro °z a ' orosz w 2 z ° z 0 F x N p O w o Y O W m ° r m H 3 0 r o N w riW+ W LL z nmi Z p 0 0 = N ° G C G a r o m o w w r w r p z 0 3 0 0 0 o i z 0 '^ > LL g w 0 $ G N r o om ..Yzx a o ax8 p Wroo '_^ o G °u < a mOr2 wa x 3 z o r z z z °` 0 5 r x i m s x a v5 G G G z u rp f p 3 r co o = N iao wo00 ° 6z ,LL<., w °r ? zo0058d5rx3 , 050 = o �' o > Z < zz so, t7 0 p G 2 y ¢ p w Z p ry O N Wp 0 O u LL 3 ry 2 $ Z r O r u O u 2 m O e z N 0 3 w m 0 p m o J o G o p ° 0 o m G o 0 o S m ° a LL z > ry z r o z o z > o o u _ °o 0 3 0 0 5 x z W a N o q oW = r $ o a z a °u o°o x x x �' = G ° G F o r o r o a F Q w o z r .n o o r z ,a„ o N W OU o m O0 z o g o i u m u u a o d o a r z r z I r z i W 0 °o o r w n o a N r Z o o m z o o a o z p o o go o r o W r a m a 3 a w z 8 0 i 0 5 0 r rW m o z m N o ¢ u a o o rc o o w z z r x N o z x O LL v u z e o F z z W w a x w s N ° p a m r °° Iz O O o u z .z, n O ry r m x ¢ a x a a ° o 0 0 8 = r m z' w 5 o m o w a w z F o Z = o b Q 5 z 6 Z 8 $ 3 F = Q m F 3 ? ? O F N 8 'a Z o o a F $ a o 0 z C �G m � o � ° w p p z � q � � �S S � � o z ° r z N x „ x W c B W o' �z+ � m 0 3 " p = � ru- w 0 � 0 0 C G = a 8 z 8 ¢ m LL 5 z = v m w o m z o z m °p o o o z °o N 3 r w 0 S a v 0 m z °�° c o rc w u o o •• z W w Z ° w 0 zo '2 z N m Z a x o o =j o x o w o o o a z a w o ¢^ o o m z y r g ° a = o o m m W Ns 5 � � pwro5 = arw �pmw W ~ Zo °o° oN ,ur„ '' Gg ' wzNGGomowz > GmZz � oG � zm u 5 ° Z o f z ,oc z x z o F w z 8 p a w a ° w a a a o m 3 o o x z o S sw= <z .. m „x, = ox $ xo5zp W xw � No3 � .� a � m zz � '-+ � :. x '� G ° a3Or� u z r �S n 2 � r r r om o z 2 s ou W p a p o o 4 z a ;n z p „¢, w r G r wap r p o o g w o ? z o 2 z 8 a ° opo p 0 o 0 o r w g p o G w o o r z z ° mo ° $ w u ° Z z 0 5 r 5 r x z r z m o p G a w S o p i LL o ° ° o F o a o w w a -U 3 9 o W w z m o o° 0 w 5 N o y o u o Z- n 8 f > b z 8 t 5 o w o ° G x a 3 o z 3 r o = G 8 a z a o G m 0 w w u z 8 ? 0 5 3 0 0 3 z = o o < o o F w ry o s a a G i o & w o G r ir2 tR = W o g m 5 " "u' o a F m o w S o o ? z o u w Q z o o o p o G a r a m N o N o Wo o z W Z x N " o o o F N N a v ° o ^v z °o z w o m" z z ° 5 o p W rc o 'a 'a w m o o w z a z o z o z z w r z a O m o z a p a o z m as a F o F o F Q o g F z Q G w m o o Z F o o C.o o M m w N o z i r ° ° > r Q o ° g m i w � o m r ° h ' z . Z m a ^ p m ora 3 0 o r ? o $ f w f r o x x p ° G m r F 3 ¢ r r ¢ o 0 nO w d ° 5 2 5 ,¢n z F' O l�ti ° vUi O r z u a ° a G w ry m w o z l� l9 z ~ � 3 l7 QX o w 2 ni z r z „r�J v z Z o u a ¢ '�^ z g a x ° s u a x m .W. m a z m W m = w O w ° r s S ° w g m ° p a 0 w ° �\3s GmZw � � o ? ¢roz5 � w $ z uNF ' ;ofp5 � � z - ..iE . tE ° xo5 °° < s $ ,u,� Or � GoG i a a a Wm o r z ° °m 8 0 5 ° ? a s r m o o r m zz o ° °o ° a °z °z a s z w °° $ s °u 8 0 < o a 3 °u u 33 3 c 0 a a 0 0 a x x x dw i z55x5�„ o ma 00 �$e,n„ z `rv&m��&m �z mem z o n a $ z ° 0 O m W o n00 $8 G 0 - o e F m N w M o r$ o r a o ^m r m m e w w ry o o� m E 3 3 W z 3 3 3 3 3 3 3 3 3 33 0 0 a _ ag= og 8 3 a i m - - - a - - - - - - - - G - a o o W i o 0 0 0 0 - a a N w w w w ga zz. W �� w�mmmmm m �� o f o E W omo 8 R m m 8 m 8 Q o a a a x m z r N m z z m z z z o z i a 5 o D m � zmz z �z� zzmmz ?zmmm ma i amm mmm m3dmmo.+«mammnmmo ..rvmn ? m� ..om � °zio`zi ry a m 0 0 0 0 0 o m o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 m o 0 0 0 0 0 0 G f z a n< e $ ioo w S 2 0 0 0 o qw o 8 2 om o= 2 0 0 0 o s o 0 0 0 0 0 0 0 0 0 0 o p o 0 0 0 w U 0 $^ e 8 0 0 8 0$g $ m 8 d i m g � c _ _ _ _ _ N_ o _ _ _ 0 u ^ m o e m o "0 8 s m a o 0 0 0 $ a a S n 8 aci a p a m z z - w 3 3 3 3 3 w w 3 w w 3 w 3 3 3 w 3 3 3 o w 3 3 3 3 3 w w 3 w w 3 w 3 3 3 3 w 3 3 3 m8 3 3 3 w w 3 3 w g g v N S z z - - - -- - - - - - - - - - - - o - - - a .1 o� G � m8� �m W5W88 z m z N N z m z z z z z o z z o z o z z :: z F z z z i z z m `z m o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 z o 0 0 0 0 o 0 0 0 m City of Waterloo Planning, Programming and Zoning Commission January 9, 2o18 w y at rv.� 'fin' 9 FK7t GgGgGq r K x Property to be Platted mss; �� t �' All ^' , f.A e� t- . r Tip - c tF FE s_ P � T s -�� 5".a r iTt a w n v N Preliminary & Final Plat WE North Crossing Phase 1 North Crossing LLC . . 400 200 0 400 FP ge 129 of 182 OWNER'S STATEMENT AND DEED OF DEDICATION FOR NORTH CROSSING ADDITION IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. KNOW ALL MEN BY THESE PRESENTS: That North Crossing, LLC, hereinafter"Developer", being desirous of setting and platting into lots the land described in the attached Plat of Survey by Larry Wiele, Licensed Land Surveyor, dated the day of , 2018, does by these presents designate and set apart the aforesaid premises as a subdivision of the City of Waterloo, Iowa, the same to be known as NORTH CROSSING ADDITION in the City of Waterloo, Black Hawk County, Iowa,hereinafter "Development", all of which is with the free consent and desire of Developer, and Developer does hereby designate and set apart for public use the streets and avenues as shown upon the attached plat. I. EASEMENTS. Developer does hereby grant and convey to the City of Waterloo, Iowa, its successors and assigns, and to any private corporation, firm, or person furnishing utilities for the transmission and/or distribution of water, sanitary sewer, storm sewer, natural gas, electricity, communication service, or cable television,perpetual easements for the erection, laying, building, and maintenance of said services over, across, on and/or under Development as shown on the attached plat II. COVENANTS, CONDITIONS, AND RESTRICTIONS. Developer does also covenant and agree for itself, its successors and assigns, that each and all of Lots in Development shall be and the same are hereby made subject to the following Covenants, Conditions, and Restrictions upon their use and occupancy as fully and effectively, to all intents and purposes, as if the same were set forth and contained in each deed of conveyance or mortgage that Developer, or its successors in interest, may hereafter make for any of the Lots and that such restrictions shall run with the land and with each Lot for the length of time and in the particulars hereafter stated, to wit: A. PURPOSE. The overall goal of the Covenants, Conditions, and Restrictions for Development is to produce a high quality and aesthetically pleasing center ("Center"). The Covenants, Conditions, and Restrictions should help to preserve and enhance an environment in 1 Page 130 of 182 the completed Center that is pleasing to occupants, visitors, and neighbors. B. DEFINITIONS. For the purpose of this instrument, the following terms shall have the following definitions: 1. Development- shall mean and refer to the real property described above. 2. Developer- shall mean North Crossing, LLC, and its successors and assigns. 3. Lot- shall mean and refer to any individual parcel of land located within Development which is platted as a separate parcel to be sold or developed. 4. Owner- shall mean and refer to the record owner, whether one or more persons or entities, of the legal or equitable title to any Lot. In the event an Owner of any Lot consists of more than one person or entity, such persons shall within thirty (30) days after the date of their acquisition of said Lot, execute and deliver to Developer a written instrument, including a power of attorney appointing and authorizing one individual or entity as their agent to receive all notices and demands required to be given pursuant to the terms and provisions of these Covenants, Conditions, and Restrictions, execute any and all documents, consents, and instruments required under the terms and provisions of these Covenants, Conditions, and Restrictions and to cast all votes and to take any and all action required or permitted to be taken by them under the terms and provisions of these Covenants, Conditions, and Restrictions. Owner may change its designated agent by written notice to Developer, but such change shall be effective only after actual receipt of the notice to Developer. C. PERMITTED AND PROHIBITED USES. 1. PERMITTED USES. Lots within Development may be used only for office and retail services, as approved by Developer and not in conflict with any exclusive rights granted to other Owners or tenants within Development. Further, upon written approval of Developer, Lots within Development may be used for other commercial uses compatible with and ancillary to the aforementioned uses (including, but not limited to, financial institutions, hotels, and restaurants, etc.). a. Lot 2 may be used for a convenience store with fuel sales and car wash. b. Tract A may be used for stormwater detention. 2. PROHIBITED USES. a. Any use which is offensive by reason of odor, fumes, dust, smoke, noise or pollution, or which constitutes a nuisance or is hazardous by reason of fire or explosion, injurious to the reputation of any Lot in Development. 2 Page 131 of 182 b. Any use which is in violation of the laws of the United States, the State of Iowa, any other governmental authority having jurisdiction over Development. C. Overnight parking of campers, semi-trucks, mobile homes, boats, or motor homes, except that such parking is permitted in covered or enclosed areas.. d. Uses not otherwise permitted in Section II(C)(1) above. e. Owner shall not sell items outside, unless approved in writing by all Owners in Development, except for the Owner of Lot 2 which shall be permitted to sell merchandise outside as allowed per city ordinance. £ Convenience store, fuel station or car wash, except on Lot 2. D. GENERAL SITE STANDARDS. 1. BUILDING DESIGN. It is Developer's intent to produce an orderly and aesthetically pleasing environment that is compatible with the natural aspects of Development. The aesthetic appearance of the exterior of the buildings and other structures is of paramount concern to Developer. a. All construction shall conform to the requirements of the City of Waterloo, Black Hawk County, and the State of Iowa Building Code, current editions. b. Construction on all Lots shall be diligently pursued and be completed within twenty-four(24)months of purchase and closing from Developer. In the event construction is not completed in two (2)years, Developer may at its option repurchase the Lot at the previous sale price. No excavation shall be made except in conjunction with construction of an improvement. When such an improvement is completed, all exposed excavations shall be back-filled, graded, and returned, as nearly as possible, to its natural state or to the approved landscape plan for the site. 2. LANDSCAPING. It is the intent to provide a landscape image of continuity and diversity by providing color and textural variety. It is also the intent of these regulations to reduce adverse effects upon a Lot and adjacent and nearby property; to screen unsightly and undesirable views, and to provide for shade, protection from elements, and the comfort and convenience of Development tenants and visitors. For initial construction only, landscape plans and any irrigation plans shall be submitted to and approved by Developer. Developer shall provide written comments within fifteen (15) days from Developer's receipt of the submittal. If Developer does not provide written comments within such timeframe, the plans shall be deemed approved by Developer. All ground cover shall be seeded or sodded and be suitable for the Black Hawk County climate. 3. SCREENING. All mechanical equipment (on the ground or roof), transformers, trash containers, or like equipment in the open shall be screened from view in a manner approved by Developer. Said screen shall be in height at least equal to that of the materials or equipment being stored but in any event shall fully shield said materials and 3 Page 132 of 182 equipment from public view and view from adjacent buildings. 4. SITE GRADING AND DRAINAGE. No water shall be drained or discharged from any Lot, except in accordance with grading plans approved by Developer. Further, no Owner shall interfere with the drainage established by the grading plan for the remainder of Development or any other property adjacent to said Lot. Stormwater shall be collected on-site and discharged in accordance with all federal, state, and local permits. 5. SIGNAGE. For initial construction only, all signs shall be approved by Developer prior to construction. The design, format, and material of all signs shall be consistent with building architecture and Lot design. Developer shall provide written comments within fifteen (15) days from Developer's receipt of the signage plan submittal. If written comments are not provided within that timeframe, it shall be deemed that Developer has approved such signage plan. 6. PARKING, DRIVES, LOADING, AND OUTDOOR STORAGE. a. No Owner shall permit employee parking on any public street. b. Sufficient off-street parking should be developed at each Lot. C. All curb cuts are subject to Developer's approval and City of Waterloo requirements. 7. EXTERIOR LIGHTING. Exterior lighting shall be provided to meet the following guidelines: a. All wiring for exterior lighting, including but not limited to driveway, walkway, area,parking, and decorative lighting, shall be underground. b. All light fixtures shall be oriented such that glare directed onto adjacent properties, including streets and neighboring tenant lots, is minimized. C. Light standards shall be a neutral, color and compliment the Center. d. Each tenant shall maintain all light fixtures in proper operating condition. e. Parking and driveway lights shall be of a style and color consistent with established Center standards and harmonize with the architecture of the proposed building on the Lot. For initial construction only, all lighting shall be approved by Developer prior to construction. Developer shall provide written comments within fifteen (15) days from Developer's receipt of the lighting design submittal. If written comments are not provided within that timeframe, it shall be deemed that Developer has approved such lighting design. 8. LOCATION OF UTILITY LINES. All utility lines shall be located underground. Whenever possible, utility lines shall be located adjacent to drives to minimize disruption of landscaping during installation and maintenance of the lines. No utility meter or apparatus shall be located on any pole attached to the outside of any building wall which is exposed to view from any public street. All transformers shall be placed on or below the surface. 4 Page 133 of 182 9. SUBDIVISION OF LOTS. No Lot in Development shall be split, divided, or subdivided, except: a. For the purpose of providing land in addition to an entire platted Lot for use in connection with a building; or b. Upon the written consent of Developer. E. APPROVAL REQUIREMENTS. As set forth herein, for initial construction only, all plans and specifications must be submitted to Developer for approval. No building, sign, landscaping, lighting, or other exterior improvements shall be placed or erected on any Lot without prior written approval from Developer. Approvals shall be based upon, among other things, conformity and harmony of external designs with neighboring structures, effect of location and use of improvements on neighboring sites; orientation of main elevation with respect to nearby streets; and conformity of plans and specifications to the intent of these Covenants, Conditions, and Restrictions. Developer shall not arbitrarily or unreasonably withhold its action or decision on such plans and specifications. Initial improvements to any Lot shall not be commenced prior to compliance with the following two-part review process. I. CONCEPT DESIGN REVIEW. The objective is to ensure careful site planning with regard to location and size of building, parking, open space, and access. The concept design must be approved by Developer in writing prior to final design. Concept design shall include the following: a. Site plan information such as utility locations and connections, drainage, service areas, outdoor storage, trash receptacles, and mechanical equipment. Other activity or equipment that would alter the natural site must be shown. b. Building elevations and floor plans. C. Building materials, parking, and open space. d. Landscaping, signage, and lighting. e. Construction staging. Developer shall provide written comments within fifteen (15) days from Developer's receipt of the site design submittal. If written comments are not provided within that timeframe, it shall be deemed that Developer has approved such site design. 2. FINAL DESIGN REVIEW. Submission to include, but not limited to, the following: a. A topographical and boundary map showing contour grades (with I' intervals), the species, location, and size (measured 12" above the ground of all existing trees greater than 6" caliper) and the location of all improvements, such as signs, structures, walks, patios, driveways, fences, and walls. Existing and finished grades shall be shown at parcel corners and for proposed improvements. Lot drainage provisions shall be included, as well as cut and fill details, if any applicable change in contours is contemplated. 5 Page 134 of 182 b. Exterior elevations, including areas to be screened. C. Exterior materials, colors, textures, and shapes. d. Landscaping plan, including proposed clearing, walkways, fences, walls, elevation changes, irrigation systems, vegetation, and ground cover. e. Parking area and driveway plan. f. Screening, including size, location, and method. g. Utility routing and connection points. h. Exterior illumination, including location, manufacturer's fixture number, and supporting photometric test data. i. Fire Protection system as required by all NFPA Codes. j. Signs, including copy, size, shape, color, typeface, location, illumination, and materials. Also, elevation and plan view drawings indicating sign and relationship to all other visual elements within 50' of the sign. k. Trash container storage locations and related screening. 1. Proposed use of parcel of land and estimated building occupant load. M. Clearing plan and tree protection plan, plus measures for environmental protection during construction, including the application for the issuance of any required stormwater discharge permits. n. Drainage runoff quantities for 10-year frequency storm. Developer shall provide written comments within fifteen (15) days from Developer's receipt of the site design submittal. If written comments are not provided within that timeframe, it shall be deemed that Developer has approved such site design. 3. CONSTRUCTION DOCUMENTS. A copy of all construction documents shall be filed with Developer prior to commencing construction. Five sets of all documents are to be included in each submission for review. This review is for the purpose of ensuring conformity to Developer approved final design in Section II(E)(2) only. All buildings must be designated by a registered architect and all landscape plans by a registered landscape architect. The architect(s) and registered engineer(s), shall be responsible for the safety of structural, mechanical, electrical, and other systems in the improvements. The seal of Iowa registrations of the appropriate architect, engineer, and/or landscape architect must appear on the final drawings. The architect must also submit a statement of his/her signature to the effect that the contract documents have been prepared in accordance with all other applicable codes, ordinances, and regulations related to this particular project. Developer shall provide written comments within fifteen (15) days from Developer's receipt of the site design submittal. If written comments are not provided within that timeframe, it shall be deemed that Developer has approved such site design. F. MAINTENANCE. Each Owner and occupant (including a tenant) of a Lot shall jointly and severally have the duty and responsibility, at their sole cost and expense, keeping that Lot so owned or occupied, including buildings, improvements, private drive, easements areas, and 6 Page 135 of 182 grounds in connection therewith or appurtenant thereto (specifically including parkway area between the Lot line and any adjacent street curb), in a well-maintained, clean, wholesome, and attractive condition at all times and shall comply in all respects with all applicable governmental health, fire and safety statutes, ordinances, regulations or requirements. Maintenance requirements shall include, but are not limited to, the following: 1. TRASH. All rubbish, trash, garbage, litter, refuse, and other waste shall be stored in clean and sanitary solid waste receptacles and shall be promptly removed from Lot prior to its accumulation. 2. EXTERIOR LIGHTING. All exterior lighting and mechanical facilities shall be kept in good working order. 3. PARKING AREAS. All parking areas shall be striped and all parking areas, driveways, and roads kept in good repair. 4. EXTERIOR DAMAGE. All exterior damage to any improvements shall be promptly repaired and the exterior of all improvements shall be repainted as needed. 5. LAWN AREAS. All lawn areas shall be timely mowed and edged a minimum of once a week during the growing season as needed to keep an even, well groomed appearance; shall be watered and fertilized at such times and in such quantities as required to keep the grass alive and attractive; and shall be kept free of weeds. 6. TREES, SHRUBS, PLANTS. All trees, shrubs, plants, and ground covers shall be timely and properly trimmed (including the removal of deadwood therefrom) according to their plant culture and the landscape design shall be watered and fertilized at such times and in such quantities as required to keep them alive and attractive. Any dead tree, shrub, plant, ground cover shall be removed and replaced seasonably. All bed areas shall be free of weeds and cultivated periodically as needed. G. INCENTIVE PAYMENTS. Developer shall be solely entitled to any government incentives, rebates, or other funds (collectively"Incentives") negotiated and received for Development, and Owners shall not have any claim to the same or right to reduction in payment, including any payment of real estate taxes,based upon the same. Owners shall cooperate with Developer, including but not limited to assigning any rights to Incentives to Developer. H. ENFORCEMENT. If any party shall violate or attempt to violate any of the Covenants, Conditions or Restrictions contained herein, it shall be lawful for Developer or any Owner to prosecute a proceeding in law or in equity against the person or persons violating or attempting to violate such Covenants, Conditions or Restrictions, and to either prevent him or them from so doing or recover damages for such violations. 7 Page 136 of 182 I. WAIVER. Neither the Developer nor its successors or assigns shall be liable to any Owner or occupant of any Lot by reason of any mistake in judgment, negligence, nonfeasance, action, or inaction or for the enforcement or failure to enforce any provision of this instrument. Every Owner or occupant of any Lot by acquiring its interest therein agrees that it will not bring any action or suit against Developer to recover any such damages or seek equitable relief because of the same. J. VARIANCES. Developer may grant Owner a variance from these Covenants, Conditions, and Restrictions as long as the general purpose of the Covenants, Conditions, and Restrictions are maintained, provided that Developer may not grant a variance from the use restriction set forth in Section II(C)(1) and(2). Any variance granted from the provisions of these Covenants, Conditions, and Restrictions shall only be applicable to the specific Lot and conditions for which the variance was granted and shall in no respect constitute a change in or effect the terms or conditions set out in the standards as same apply to other Lots or conditions. K. MODIFICATION. Each of the undersigned and all persons and corporations hereafter acquiring any right, title, or interest in Development shall be taken and held to have agreed and covenanted with the undersigned, and with the respective successors and assigns of said real estate, to conform to and observe all of the foregoing covenants, restrictions, and stipulations as to the use, improvement, and occupancy of said real estate, for a period of 21 years from the date of the filing of said plat, however, that the easements contained herein, shall not be subject to change at any time,but shall be permanent. L. MISCELLANEOUS. 1. SEVERABILITY. If any term or provision of this instrument or the application thereof to any circumstance shall, in any jurisdiction and to any extent, be invalid or unenforceable, such term or provision shall be ineffective as to such jurisdiction to the extent of such invalidity or unenforceability without invalidating or rendering unenforceable such term or provision in any other jurisdiction, the remaining terms and provisions of this instrument or the application of such terms and provisions to circumstances other than those as to which it is held invalid or enforceable. 2. FURTHER ACTIONS. The parties agree to execute and deliver from time to time hereafter any and all such further documents and to take such further actions as shall be reasonably necessary to carry out the terms hereof 3. GOVERNING LAW. The validity, interpretation, performance and enforcement of this instrument shall be governed by the laws of Iowa. Each of the parties consents to the jurisdiction of the federal and state courts in Iowa in all matters relating to this instrument. The prevailing party in any action to enforce this instrument shall be entitled to reasonable attorney fees and costs. 4. RUNNING WITH THE LAND. All the covenants, agreements, conditions, and 8 Page 137 of 182 restrictions set forth in this Agreement are intended to be construed as covenants running with the land, binding upon, and adhere to the benefit of the heirs, assigns, and successors of the parties. 5. NOTICES. Each notice, demand, or other document or instrument required or permitted to be served upon any of the parties hereto shall be in writing and shall be deemed to have been duly served when delivered personally or by recognized overnight courier service with receipt, or the third (3rd) day after being mailed by certified United States mail,postage prepaid, return receipt requested, addressed to the respective party at the address for said Owner designated on the Black Hawk County Assessors' web site, unless a party notifies the others, in writing, of a different address. IN WITNESS WHEREOF, the undersigned, being Developer herein, has hereunto set its hand as of the day and year first above written. North Crossing, LLC By:Benjamin B. Stroh Its: Manager STATE OF IOWA ) COUNTY OF BLACK HAWK )ss. This instrument was acknowledged before me on this day of , 2018, by Benjamin B. Stroh, as Manager of North Crossing, LLC. Notary Public 9 Page 138 of 182 CITY OF WATERLOO , IOWA ENGINEERING DEPARTMENT 715 Mulberry St. Waterloo, IA 50703 •Phone (319)291-4312 Fax(319)291-4262 City Hngineer a email: city.engineer eNvatertoo-in,org January 11, 2018 9131 9641 Aric Schroeder, City Planner Planning, Programming & Zoning Commission Waterloo City Hall Waterloo, IA 50703 RE: PRELIMINARY PLAT NORTH CROSSING ADDITION Dear Aric: This preliminary plat has been reviewed, and it has been determined that it meets the requirements of the applicable portions of Section 3, 4 and 5 of Ordinance 2997, Subdivision Ordinance. It is recommended that this preliminary plat be approved. Sincerely, ennis J. Gentz, P. . Assistant City Engineer WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 139 of 182 PRELIMINARY PLAT NORTH CROSSING ADDITION INCLUDING LOT? AND TRACT'A'OF LOGAN PLAZA FIRST ADDITION AND PART OF THE VACATED FRONTAGE ROAD SITUATED IN THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 AND PART OF THE NORTHWEST 114 OF THE SOUTHWEST 114 AND PART OF THE SOUTHWEST 114 OF THE SOUTHWEST 114,ALL IN THE SECTION 12, TOWNSHIP 89 NORTH,RANGE 13 WEST OF THE STH P.M.CITY OF WATERLOO,COUNTY OF BLACK HAWK,STATE OF IOWA Page 140 of 182 F F NORTH CROSSING AECOM Changes to Preliminary& Final Plat 1-10-2018 Preliminary Plat Changes 1. Name/Title of plat—Changed to NORTH CROSSING ADDITION along with all references within the plat. 2. Change sheet order—Changed sheet 3 to sheet 1 of 3,sheet 1 to sheet 2 of 3,and sheet 2 to sheet 3 of 3 3, The 2'contours have been adjusted to make legible. 4. The scale for the proposed existing utilities has been increased to help with congestion of lines and notes. 5. Existing Lots 1 and 2 in Logan Plaza First Addition have been labeled with existing subdivision i; name. 6. Existing car wash on Lot 2 Logan Plaza First Addition is shown as an existing feature. 7. The permanent sanitary sewer easement has been revised to the new sewer location. 8. The proposed utilities have been updated and shown as they have been constructed. 9. On current page 1 of 3, note added referencing sheets 2 &3 information, included preliminary site plan information for proposed gas station and building north of proposed hotel and updated the date from November to January. 10. The record distance from point 19 to point 22 was deleted since there was not record distance. 11. Showed proposed easements for MidAmerican Energy electric that have or will be provided to serve the new development and added a note to sheet 1 for New Utility Easement for Gas and Electric. Final Plat Changes 1. The changes noted above for items 1, 7, 10 and 11 have all been changed on the final plat. f i Y Ij f t Page 141 of 182 CITY OF WATERLOO Council Communication Resolution approving a variance to the requirements of the Subdivision Ordinance in Section 11-3-2(C)Final Plat Approval, as it relates to the approval of the final plat of North Crossing Addition. City Council Meeting: 1/22/2018 Prepared: 1/17/2018 REVIEWERS: Department Reviewer Action Date Planning& Zoning Schroeder, Aric Approved 1/17/2018 - 11:42 AM Clerk Office Even, LeAnn Approved 1/17/2018 - 12:56 PM Resolution approving a variance to the requirements of the Subdivision SUBJECT: Ordinance in Section 11-3-2(C)Final Plat Approval, as it relates to the approval of the final plat of North Crossing Addition. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval Resolution approving a variance to the requirements of the Subdivision Ordinance in Section 11-3-2(C)Final Plat Approval, as it relates to the Summary Statement: approval of the final plat of North Crossing Addition.The variance is needed because they are asking for approval of the preliminary and final plat at the same time, whereas the Subdivision Ordinance requires approval of the preliminary plat prior to submittal of the final plat. Expenditure Required: None Source of Funds: N/A Policy Issue: Subdivision Ordinance Alternative: N/A Background Information: The applicant is requesting to plat a 2-lot commercial subdivision located at the northeast corner of Logan Avenue and East Donald Street. Page 142 of 182 CITY OF WATERLOO Council Communication Resolution approving a request by North Crossing, LLC for final plat of North Crossing Addition, a 2-lot subdivision located at the northeast corner of Logan Avenue and East Donald Street. City Council Meeting: 1/22/2018 Prepared: 1/17/2018 REVIEWERS: Department Reviewer Action Date Planning& Zoning Schroeder, Aric Approved 1/17/2018 - 11:45 AM Clerk Office Even, LeAnn Approved 1/17/2018 - 12:55 PM ATTACHMENTS: Description Type ❑ Staff Report Cover Memo ❑ Aerial Map Cover Memo D Deed of Dedication Cover Memo ❑ Legal Description Cover Memo ❑ Engineers Letter of Approval Cover Memo ❑ Final Plat Cover Memo ❑ North Crossing Update of Changes Cover Memo Resolution approving a request by North Crossing, LLC for final plat of SUBJECT: North Crossing Addition, a 2-lot subdivision located at the northeast corner of Logan Avenue and East Donald Street. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval Transmitted herewith is a request by North Crossing, LLC for final plat of North Crossing Addition, a 2-lot subdivision located at the northeast coiner of Logan Avenue and East Donald Street. Please find attached to this council letter the following items: • Staff report • Aerial photograph • Final Plat • Legal Description • Report of City Engineer The request would not appear to have a negative impact on the surrounding neighborhood or land use. The area is currently seeing an increase in new commercial development with recent approval of rezone and plat requests. The request would not appear to have a negative impact on vehicular or Page 143 of 182 Summary Statement: pedestrian traffic movements in the area. The area is served by Logan Avenue, Highway 63 and East Donald Streets. Logan Avenue is classified as a Principal Arterial while East Donald Street is classified as Minor Arterial. The submitted plat shows two new lots being platted along the northeast corner of Logan Avenue and East Donald Street. Lot sizes of the two lots are 17.8 and 2.74 acres in size, and it appears allproper setback lines are denoted. Access to lot 1 will from an existing access along East Donald Street and a proposed new access from Logan Avenue. Lot two will have access from three access points. There are two along East Donald Street and one main entrance from Logan Avenue. There is a Tract A to east that will serve as a water detention basin. At the January 9, 2017 Planning, Programming and Zoning Commission meeting, the Commission voted unanimously to approve the preliminary and final plat. Expenditure Required: None Source of Funds: N/A Policy Issue: Land Use and Economic Development, policies 1, 3 and 4. Alternative: N/A Background Information: N/A Legal Descriptions: See attached Page 144 of 182 January 9,2014 REQUEST: Request by North Crossing, LLC for preliminary and final plat of North Crossing Phase 1, a 2-lot subdivision located at the northeast corner of Logan Avenue and East Donald Street. APPLICANT: North Crossing, LLC, 808 Dearborn Avenue, Waterloo Iowa 50703 GENERAL The applicant is requesting to plat a 2-lot commercial subdivision DESCRIPTION: located at the northeast corner of Logan Avenue and East Donald Street. IMPACT ON The request would not appear to have a negative impact on the NEIGHBORHOOD & surrounding neighborhood or land use. The area is currently SURROUNDING seeing an increase in new commercial development with recent LAND USE: approval of rezone and plat requests. VEHICULAR & The request would not appear to have a negative impact on PEDESTRIAN vehicular or pedestrian traffic movements in the area. The area is TRAFFIC served by Logan Avenue, Highway 63 and East Donald Streets. CONDITIONS: Logan Avenue is classified as a Principal Arterial while East Donald Street is classified as Minor Arterial. RELATIONSHIP TO The West Donald Street Recreational Trail, adjoin the site to the RECREATIONAL south which travels west from the corner of Highway 63 and TRAIL PLAN AND Donald Street connecting into the trail network at George Wyth COMPLETE STREETS State Park. A trail spur is also planned along Heath Street north of POLICY: West Donald Street, ending at the corner of Highway 63 and Heath Street, where traffic operations have determined that this intersection would be warranted for traffic signals, thus providing a regulated pedestrian and bike crossing across Highway 63 directly into the development. ZONING HISTORY The area in question is zoned "C-2" and "C-P" Planned Commercial FOR SITE AND District and has been zoned as such since the adoption of the IMMEDIATE VICINITY: zoning ordinance in 1969. Surrounding land uses and their zoning are as follows: Surrounding zoning classifications & uses are as follows: North- "C-2 Commercial District-Car Wash and Mc Donald's East- "R-4" Multiple Residence District- Logan Plaza Site-Day Care- and medical office South- "C-P" Planned Commercial District-Walgreens West- "C-2" Commercial District-Allen Hospital Parking-three homes and a bar DEVELOPMENT In the past few years, a new Hy-Vee Grocery store has been HISTORY: constructed to the northwest of the site on Highway 63, Walgreen's has completed their store at the southeast corner of Donald Street and Highway 63, and Allen Hospital has completed their $47 million expansion. Also, the City of Waterloo has completed two stages of reconstruction of Highway 63 from Donald Street to West Parker Street, and is in the planning stages to complete stage three from North Crossing-Phase I Plat Page 1 of 4 Page 145 of 182 January 9,2014 Franklin Street to Jefferson Street. BUFFERS/ No buffers would be required as a part of this platting request. SCREENING However, as the area develops for commercial uses, it may be REQUIRED: necessary to screen new uses as growth continues northward towards existing residences. When new development occurs, it will be required that a proper landscaping plan is submitted for each new commercial development. DRAINAGE: There are known drainage issues associated with the site. A grading plan has been submitted and approved. FLOODPLAIN: This site is not located within any floodplain, as indicated by the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map 19013C0189F. PUBLIC /OPEN This area is served by Dr. Walter Cunningham School For SPACES/ SCHOOLS: Excellence (PK-5), George Washington Carver Academy Grades (6-8) and Waterloo East High School. Gates Park Golf Course is approximately 4 blocks to the east. UTILITIES: WATER, The utility changes for the site appear to need more clarification. SANITARY SEWER, STORM SEWER, ETC: RELATIONSHIP TO The Future Land Use Map designates the area as Commercial, COMPREHENSIVE and this request would be in compliance with such designation. LAND USE PLAN: The site is located within the Primary Growth Area as designated on the Growth Area Map within the Comprehensive Plan. STAFF ANALYSIS — The area of the plat is zoned "C-2" Commercial District, which is ZONING intended to provide for areas of the community which are ORDINANCE: developed or will be soon as moderate intensity commercial area. These areas are often associated with major traffic arteries and highways, which this site is located along Logan Avenue and East Donald Street. The zoning would allow for the development of commercial uses, professional office uses and residential. STAFF ANALYSIS — The submitted plat shows two new lots being platted along the SUBDIVISION northeast corner of Logan Avenue and East Donald Street. Lot ORDINANCE: sizes of the two lots are 17.8 and 2.74 acres in size, and it appears all proper setback lines are denoted. Access to lot 1 will from an existing access along East Donald Street and a proposed new access from Logan Avenue. Lot two will have access from three access points. There are two along East Donald Street and one main entrance from Logan Avenue. There is a Tract A to east that will serve as a water detention basin. Staff has several questions and comments regarding the preliminary plat. The name of the plat is Phase 1 instead of a more traditional plat name like North Crossing Addition with subsequent developments to be titled First addition, Second Addition etc. The order of the three sheet plat should be changed to make better chronological order by using sheet 3 as sheet 1 of 3, sheet 1 as 2 North Crossing-Phase I Plat Page 2 of 4 Page 146 of 182 January 9,2014 of 3 and sheet 2 as 3 of 3. Some of the information is not legible due to the scale and congestion of lines and notes. There is a Note on the plat that says there are 2' contours but with the scale of plat the elevations are not legible. Existing Lots 1 and 2 in Logan Plaza First Addition need to be labeled with existing subdivision name. Existing car wash on Lot 2 Logan Plaza First Addition is not shown as an existing feature. A Proposed "Permanent 30' Wide Sanitary Sewer Easement" appears to be through/under a building (now under construction) but was likely the existing sewer. New sewer was constructed south of this building according to plans prepared by AECOM for site development. Permanent easement needs to be revised to the new sewer location. The plat should show existing utilities as they have been constructed, as there are some discrepancies between the site development plans and those shown on the plat, as well as any proposed utilities. On existing sheet 1 of 3, change reference to proper page number On existing page 2 of 3, the record distance from point 19 to point 22 shows 1331.46 and record distance of 209.14 which appears to be a typo. Need to show proposed easements for MidAmerican Energy electric that have or will be provided to serve the new development. In the Deed of Dedication Section C Permitted Uses, a) states that Lot 1 may be used for a convenience store with fuel sales and car wash. Under b) it states that lot 3 "may" be used for storm water detention. Lot 3 should read Tract A and should read "shall" be used for storm water detention. Also there should reference to lot 1 as to what uses are permitted. North crossing-Phase I Plat Page 3 of 4 Page 147 of 182 January 9,2014 STAFF Therefore, staff recommends that the request for the preliminary RECOMMENDATION: and final plat of North Crossing be approved for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area. 2. The request would not appear to have a negative impact upon pedestrian and traffic conditions within the surrounding area with proper traffic control measures in place. 3. The request is in conformance with the Future Land Use Map and Comprehensive Plan for this area, which designates it as Planned Commercial. 4. The request appears to meet the intent of the Subdivision Ordinance. Subject to: 1. That all questions and comments be addressed and added to the preliminary plat as requested by staff prior to going before the Waterloo City Council for final vote. North Crossing-Phase I Plat Page 4 of 4 Page 148 of 182 City of Waterloo Planning, Programming and Zoning Commission January 9, 2o18 w y at rv.� 'fin' 9 FK7t GgGgGq r K x Property to be Platted mss; �� t �' All ^' , f.A e� t- . r Tip - c tF FE s_ P � T s -�� 5".a r iTt a w n v N Preliminary & Final Plat WE North Crossing Phase 1 North Crossing LLC . . 400 200 0 400 FP ge 149 of 182 OWNER'S STATEMENT AND DEED OF DEDICATION FOR NORTH CROSSING ADDITION IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. KNOW ALL MEN BY THESE PRESENTS: That North Crossing, LLC, hereinafter"Developer", being desirous of setting and platting into lots the land described in the attached Plat of Survey by Larry Wiele, Licensed Land Surveyor, dated the day of , 2018, does by these presents designate and set apart the aforesaid premises as a subdivision of the City of Waterloo, Iowa, the same to be known as NORTH CROSSING ADDITION in the City of Waterloo, Black Hawk County, Iowa,hereinafter "Development", all of which is with the free consent and desire of Developer, and Developer does hereby designate and set apart for public use the streets and avenues as shown upon the attached plat. I. EASEMENTS. Developer does hereby grant and convey to the City of Waterloo, Iowa, its successors and assigns, and to any private corporation, firm, or person furnishing utilities for the transmission and/or distribution of water, sanitary sewer, storm sewer, natural gas, electricity, communication service, or cable television,perpetual easements for the erection, laying, building, and maintenance of said services over, across, on and/or under Development as shown on the attached plat II. COVENANTS, CONDITIONS, AND RESTRICTIONS. Developer does also covenant and agree for itself, its successors and assigns, that each and all of Lots in Development shall be and the same are hereby made subject to the following Covenants, Conditions, and Restrictions upon their use and occupancy as fully and effectively, to all intents and purposes, as if the same were set forth and contained in each deed of conveyance or mortgage that Developer, or its successors in interest, may hereafter make for any of the Lots and that such restrictions shall run with the land and with each Lot for the length of time and in the particulars hereafter stated, to wit: A. PURPOSE. The overall goal of the Covenants, Conditions, and Restrictions for Development is to produce a high quality and aesthetically pleasing center ("Center"). The Covenants, Conditions, and Restrictions should help to preserve and enhance an environment in 1 Page 150 of 182 the completed Center that is pleasing to occupants, visitors, and neighbors. B. DEFINITIONS. For the purpose of this instrument, the following terms shall have the following definitions: 1. Development- shall mean and refer to the real property described above. 2. Developer- shall mean North Crossing, LLC, and its successors and assigns. 3. Lot- shall mean and refer to any individual parcel of land located within Development which is platted as a separate parcel to be sold or developed. 4. Owner- shall mean and refer to the record owner, whether one or more persons or entities, of the legal or equitable title to any Lot. In the event an Owner of any Lot consists of more than one person or entity, such persons shall within thirty (30) days after the date of their acquisition of said Lot, execute and deliver to Developer a written instrument, including a power of attorney appointing and authorizing one individual or entity as their agent to receive all notices and demands required to be given pursuant to the terms and provisions of these Covenants, Conditions, and Restrictions, execute any and all documents, consents, and instruments required under the terms and provisions of these Covenants, Conditions, and Restrictions and to cast all votes and to take any and all action required or permitted to be taken by them under the terms and provisions of these Covenants, Conditions, and Restrictions. Owner may change its designated agent by written notice to Developer, but such change shall be effective only after actual receipt of the notice to Developer. C. PERMITTED AND PROHIBITED USES. 1. PERMITTED USES. Lots within Development may be used only for office and retail services, as approved by Developer and not in conflict with any exclusive rights granted to other Owners or tenants within Development. Further, upon written approval of Developer, Lots within Development may be used for other commercial uses compatible with and ancillary to the aforementioned uses (including, but not limited to, financial institutions, hotels, and restaurants, etc.). a. Lot 2 may be used for a convenience store with fuel sales and car wash. b. Tract A may be used for stormwater detention. 2. PROHIBITED USES. a. Any use which is offensive by reason of odor, fumes, dust, smoke, noise or pollution, or which constitutes a nuisance or is hazardous by reason of fire or explosion, injurious to the reputation of any Lot in Development. 2 Page 151 of 182 b. Any use which is in violation of the laws of the United States, the State of Iowa, any other governmental authority having jurisdiction over Development. C. Overnight parking of campers, semi-trucks, mobile homes, boats, or motor homes, except that such parking is permitted in covered or enclosed areas.. d. Uses not otherwise permitted in Section II(C)(1) above. e. Owner shall not sell items outside, unless approved in writing by all Owners in Development, except for the Owner of Lot 2 which shall be permitted to sell merchandise outside as allowed per city ordinance. £ Convenience store, fuel station or car wash, except on Lot 2. D. GENERAL SITE STANDARDS. 1. BUILDING DESIGN. It is Developer's intent to produce an orderly and aesthetically pleasing environment that is compatible with the natural aspects of Development. The aesthetic appearance of the exterior of the buildings and other structures is of paramount concern to Developer. a. All construction shall conform to the requirements of the City of Waterloo, Black Hawk County, and the State of Iowa Building Code, current editions. b. Construction on all Lots shall be diligently pursued and be completed within twenty-four(24)months of purchase and closing from Developer. In the event construction is not completed in two (2)years, Developer may at its option repurchase the Lot at the previous sale price. No excavation shall be made except in conjunction with construction of an improvement. When such an improvement is completed, all exposed excavations shall be back-filled, graded, and returned, as nearly as possible, to its natural state or to the approved landscape plan for the site. 2. LANDSCAPING. It is the intent to provide a landscape image of continuity and diversity by providing color and textural variety. It is also the intent of these regulations to reduce adverse effects upon a Lot and adjacent and nearby property; to screen unsightly and undesirable views, and to provide for shade, protection from elements, and the comfort and convenience of Development tenants and visitors. For initial construction only, landscape plans and any irrigation plans shall be submitted to and approved by Developer. Developer shall provide written comments within fifteen (15) days from Developer's receipt of the submittal. If Developer does not provide written comments within such timeframe, the plans shall be deemed approved by Developer. All ground cover shall be seeded or sodded and be suitable for the Black Hawk County climate. 3. SCREENING. All mechanical equipment (on the ground or roof), transformers, trash containers, or like equipment in the open shall be screened from view in a manner approved by Developer. Said screen shall be in height at least equal to that of the materials or equipment being stored but in any event shall fully shield said materials and 3 Page 152 of 182 equipment from public view and view from adjacent buildings. 4. SITE GRADING AND DRAINAGE. No water shall be drained or discharged from any Lot, except in accordance with grading plans approved by Developer. Further, no Owner shall interfere with the drainage established by the grading plan for the remainder of Development or any other property adjacent to said Lot. Stormwater shall be collected on-site and discharged in accordance with all federal, state, and local permits. 5. SIGNAGE. For initial construction only, all signs shall be approved by Developer prior to construction. The design, format, and material of all signs shall be consistent with building architecture and Lot design. Developer shall provide written comments within fifteen (15) days from Developer's receipt of the signage plan submittal. If written comments are not provided within that timeframe, it shall be deemed that Developer has approved such signage plan. 6. PARKING, DRIVES, LOADING, AND OUTDOOR STORAGE. a. No Owner shall permit employee parking on any public street. b. Sufficient off-street parking should be developed at each Lot. C. All curb cuts are subject to Developer's approval and City of Waterloo requirements. 7. EXTERIOR LIGHTING. Exterior lighting shall be provided to meet the following guidelines: a. All wiring for exterior lighting, including but not limited to driveway, walkway, area,parking, and decorative lighting, shall be underground. b. All light fixtures shall be oriented such that glare directed onto adjacent properties, including streets and neighboring tenant lots, is minimized. C. Light standards shall be a neutral, color and compliment the Center. d. Each tenant shall maintain all light fixtures in proper operating condition. e. Parking and driveway lights shall be of a style and color consistent with established Center standards and harmonize with the architecture of the proposed building on the Lot. For initial construction only, all lighting shall be approved by Developer prior to construction. Developer shall provide written comments within fifteen (15) days from Developer's receipt of the lighting design submittal. If written comments are not provided within that timeframe, it shall be deemed that Developer has approved such lighting design. 8. LOCATION OF UTILITY LINES. All utility lines shall be located underground. Whenever possible, utility lines shall be located adjacent to drives to minimize disruption of landscaping during installation and maintenance of the lines. No utility meter or apparatus shall be located on any pole attached to the outside of any building wall which is exposed to view from any public street. All transformers shall be placed on or below the surface. 4 Page 153 of 182 9. SUBDIVISION OF LOTS. No Lot in Development shall be split, divided, or subdivided, except: a. For the purpose of providing land in addition to an entire platted Lot for use in connection with a building; or b. Upon the written consent of Developer. E. APPROVAL REQUIREMENTS. As set forth herein, for initial construction only, all plans and specifications must be submitted to Developer for approval. No building, sign, landscaping, lighting, or other exterior improvements shall be placed or erected on any Lot without prior written approval from Developer. Approvals shall be based upon, among other things, conformity and harmony of external designs with neighboring structures, effect of location and use of improvements on neighboring sites; orientation of main elevation with respect to nearby streets; and conformity of plans and specifications to the intent of these Covenants, Conditions, and Restrictions. Developer shall not arbitrarily or unreasonably withhold its action or decision on such plans and specifications. Initial improvements to any Lot shall not be commenced prior to compliance with the following two-part review process. I. CONCEPT DESIGN REVIEW. The objective is to ensure careful site planning with regard to location and size of building, parking, open space, and access. The concept design must be approved by Developer in writing prior to final design. Concept design shall include the following: a. Site plan information such as utility locations and connections, drainage, service areas, outdoor storage, trash receptacles, and mechanical equipment. Other activity or equipment that would alter the natural site must be shown. b. Building elevations and floor plans. C. Building materials, parking, and open space. d. Landscaping, signage, and lighting. e. Construction staging. Developer shall provide written comments within fifteen (15) days from Developer's receipt of the site design submittal. If written comments are not provided within that timeframe, it shall be deemed that Developer has approved such site design. 2. FINAL DESIGN REVIEW. Submission to include, but not limited to, the following: a. A topographical and boundary map showing contour grades (with I' intervals), the species, location, and size (measured 12" above the ground of all existing trees greater than 6" caliper) and the location of all improvements, such as signs, structures, walks, patios, driveways, fences, and walls. Existing and finished grades shall be shown at parcel corners and for proposed improvements. Lot drainage provisions shall be included, as well as cut and fill details, if any applicable change in contours is contemplated. 5 Page 154 of 182 b. Exterior elevations, including areas to be screened. C. Exterior materials, colors, textures, and shapes. d. Landscaping plan, including proposed clearing, walkways, fences, walls, elevation changes, irrigation systems, vegetation, and ground cover. e. Parking area and driveway plan. f. Screening, including size, location, and method. g. Utility routing and connection points. h. Exterior illumination, including location, manufacturer's fixture number, and supporting photometric test data. i. Fire Protection system as required by all NFPA Codes. j. Signs, including copy, size, shape, color, typeface, location, illumination, and materials. Also, elevation and plan view drawings indicating sign and relationship to all other visual elements within 50' of the sign. k. Trash container storage locations and related screening. 1. Proposed use of parcel of land and estimated building occupant load. M. Clearing plan and tree protection plan, plus measures for environmental protection during construction, including the application for the issuance of any required stormwater discharge permits. n. Drainage runoff quantities for 10-year frequency storm. Developer shall provide written comments within fifteen (15) days from Developer's receipt of the site design submittal. If written comments are not provided within that timeframe, it shall be deemed that Developer has approved such site design. 3. CONSTRUCTION DOCUMENTS. A copy of all construction documents shall be filed with Developer prior to commencing construction. Five sets of all documents are to be included in each submission for review. This review is for the purpose of ensuring conformity to Developer approved final design in Section II(E)(2) only. All buildings must be designated by a registered architect and all landscape plans by a registered landscape architect. The architect(s) and registered engineer(s), shall be responsible for the safety of structural, mechanical, electrical, and other systems in the improvements. The seal of Iowa registrations of the appropriate architect, engineer, and/or landscape architect must appear on the final drawings. The architect must also submit a statement of his/her signature to the effect that the contract documents have been prepared in accordance with all other applicable codes, ordinances, and regulations related to this particular project. Developer shall provide written comments within fifteen (15) days from Developer's receipt of the site design submittal. If written comments are not provided within that timeframe, it shall be deemed that Developer has approved such site design. F. MAINTENANCE. Each Owner and occupant (including a tenant) of a Lot shall jointly and severally have the duty and responsibility, at their sole cost and expense, keeping that Lot so owned or occupied, including buildings, improvements, private drive, easements areas, and 6 Page 155 of 182 grounds in connection therewith or appurtenant thereto (specifically including parkway area between the Lot line and any adjacent street curb), in a well-maintained, clean, wholesome, and attractive condition at all times and shall comply in all respects with all applicable governmental health, fire and safety statutes, ordinances, regulations or requirements. Maintenance requirements shall include, but are not limited to, the following: 1. TRASH. All rubbish, trash, garbage, litter, refuse, and other waste shall be stored in clean and sanitary solid waste receptacles and shall be promptly removed from Lot prior to its accumulation. 2. EXTERIOR LIGHTING. All exterior lighting and mechanical facilities shall be kept in good working order. 3. PARKING AREAS. All parking areas shall be striped and all parking areas, driveways, and roads kept in good repair. 4. EXTERIOR DAMAGE. All exterior damage to any improvements shall be promptly repaired and the exterior of all improvements shall be repainted as needed. 5. LAWN AREAS. All lawn areas shall be timely mowed and edged a minimum of once a week during the growing season as needed to keep an even, well groomed appearance; shall be watered and fertilized at such times and in such quantities as required to keep the grass alive and attractive; and shall be kept free of weeds. 6. TREES, SHRUBS, PLANTS. All trees, shrubs, plants, and ground covers shall be timely and properly trimmed (including the removal of deadwood therefrom) according to their plant culture and the landscape design shall be watered and fertilized at such times and in such quantities as required to keep them alive and attractive. Any dead tree, shrub, plant, ground cover shall be removed and replaced seasonably. All bed areas shall be free of weeds and cultivated periodically as needed. G. INCENTIVE PAYMENTS. Developer shall be solely entitled to any government incentives, rebates, or other funds (collectively"Incentives") negotiated and received for Development, and Owners shall not have any claim to the same or right to reduction in payment, including any payment of real estate taxes,based upon the same. Owners shall cooperate with Developer, including but not limited to assigning any rights to Incentives to Developer. H. ENFORCEMENT. If any party shall violate or attempt to violate any of the Covenants, Conditions or Restrictions contained herein, it shall be lawful for Developer or any Owner to prosecute a proceeding in law or in equity against the person or persons violating or attempting to violate such Covenants, Conditions or Restrictions, and to either prevent him or them from so doing or recover damages for such violations. 7 Page 156 of 182 I. WAIVER. Neither the Developer nor its successors or assigns shall be liable to any Owner or occupant of any Lot by reason of any mistake in judgment, negligence, nonfeasance, action, or inaction or for the enforcement or failure to enforce any provision of this instrument. Every Owner or occupant of any Lot by acquiring its interest therein agrees that it will not bring any action or suit against Developer to recover any such damages or seek equitable relief because of the same. J. VARIANCES. Developer may grant Owner a variance from these Covenants, Conditions, and Restrictions as long as the general purpose of the Covenants, Conditions, and Restrictions are maintained, provided that Developer may not grant a variance from the use restriction set forth in Section II(C)(1) and(2). Any variance granted from the provisions of these Covenants, Conditions, and Restrictions shall only be applicable to the specific Lot and conditions for which the variance was granted and shall in no respect constitute a change in or effect the terms or conditions set out in the standards as same apply to other Lots or conditions. K. MODIFICATION. Each of the undersigned and all persons and corporations hereafter acquiring any right, title, or interest in Development shall be taken and held to have agreed and covenanted with the undersigned, and with the respective successors and assigns of said real estate, to conform to and observe all of the foregoing covenants, restrictions, and stipulations as to the use, improvement, and occupancy of said real estate, for a period of 21 years from the date of the filing of said plat, however, that the easements contained herein, shall not be subject to change at any time,but shall be permanent. L. MISCELLANEOUS. 1. SEVERABILITY. If any term or provision of this instrument or the application thereof to any circumstance shall, in any jurisdiction and to any extent, be invalid or unenforceable, such term or provision shall be ineffective as to such jurisdiction to the extent of such invalidity or unenforceability without invalidating or rendering unenforceable such term or provision in any other jurisdiction, the remaining terms and provisions of this instrument or the application of such terms and provisions to circumstances other than those as to which it is held invalid or enforceable. 2. FURTHER ACTIONS. The parties agree to execute and deliver from time to time hereafter any and all such further documents and to take such further actions as shall be reasonably necessary to carry out the terms hereof 3. GOVERNING LAW. The validity, interpretation, performance and enforcement of this instrument shall be governed by the laws of Iowa. Each of the parties consents to the jurisdiction of the federal and state courts in Iowa in all matters relating to this instrument. The prevailing party in any action to enforce this instrument shall be entitled to reasonable attorney fees and costs. 4. RUNNING WITH THE LAND. All the covenants, agreements, conditions, and 8 Page 157 of 182 restrictions set forth in this Agreement are intended to be construed as covenants running with the land, binding upon, and adhere to the benefit of the heirs, assigns, and successors of the parties. 5. NOTICES. Each notice, demand, or other document or instrument required or permitted to be served upon any of the parties hereto shall be in writing and shall be deemed to have been duly served when delivered personally or by recognized overnight courier service with receipt, or the third (3rd) day after being mailed by certified United States mail,postage prepaid, return receipt requested, addressed to the respective party at the address for said Owner designated on the Black Hawk County Assessors' web site, unless a party notifies the others, in writing, of a different address. IN WITNESS WHEREOF, the undersigned, being Developer herein, has hereunto set its hand as of the day and year first above written. North Crossing, LLC By:Benjamin B. Stroh Its: Manager STATE OF IOWA ) COUNTY OF BLACK HAWK )ss. This instrument was acknowledged before me on this day of , 2018, by Benjamin B. Stroh, as Manager of North Crossing, LLC. Notary Public 9 Page 158 of 182 PRELIMINARY PLAT NORTH CROSSING ADDITION INCLUDING LOT? AND TRACT'A'OF LOGAN PLAZA FIRST ADDITION AND PART OF THE VACATED FRONTAGE ROAD SITUATED IN THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 AND PART OF THE NORTHWEST 114 OF THE SOUTHWEST 114 AND PART OF THE SOUTHWEST 114 OF THE SOUTHWEST 114,ALL IN THE SECTION 12, TOWNSHIP 89 NORTH,RANGE 13 WEST OF THE STH P.M.CITY OF WATERLOO,COUNTY OF BLACK HAWK,STATE OF IOWA Page 159 of 182 CITY OF WATERLOO , IOWA ENGINEERING DEPARTMENT 715 Mulberry St. • Waterloo, IA 50703 •Phone (319)291-4312 Fax(319)291-4262 City Engincer • email: city.engineer@waterloo-ia.org January 11, 2018 9131 9641 Aric Schroeder, City Planner Planning, Programming & Zoning Commission Waterloo City Hall Waterloo, IA 50703 RE: FINAL PLAT NORTH CROSSING ADDITION Dear Aric: This final plat has been reviewed, and it has been determined that it meets the requirements of the applicable portions of Section 3, 4 and 5 of Ordinance 2997, Subdivision Ordinance. It is recommended that this final plat be approved. Sincere y, Dennis J. Gentz, P. Assistant City Engineer WETRE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 160 of 182 dew aar N O I 1 I a 4 V dew Mei p da wO,� JNISSOb0 H12JON W COLS onol col�eyVM 1VId -lVN I J U) yae�15 a oa.C5105 >- z a9 CQo R a��Z om Zoa� o "s x.003 r o >r m Em Sz w ga $a rcZ o a Z W�i U w y ap J UN LL O O=W o Y m Z Z LL K w w o m O OpH ma ma FZN ouzo Q. o j'a arnwz< > 2 W¢ tll_LL z JJ WN �� m C g S _- 1S Hit oa - K U X r0 W(9>¢ J] ¢ _�ES I M, O W Q 3 O j o w N o w w Q op wo K 0 m a W 0, r LL L LLZ_�Vv} 0 3 rn. 'aim aprcpo Wiz pp ......{� r 2 a N LL U¢ m J 0 p J j Q n u wx Wrc ¢QM0}K Q �Q��Op ' � O 000< W2owo< N....... i� y Q a wwaLL as39Yi.0 W Z ozm3 a _¢m3 Q VI W ab 3•Jtl1N SAV NY•JOl 3 z N O -- i p0�0LO< WJrwL) CL Z LLpzU=vri < rc J OWwWr = o o�o�o w Q W==LLY Z Z_... - Z O Q(�r h03 1S H1Y3H >ar1- LLWQ _ FQLLLL a Ur¢�r0 OFr �,L UZOpm � aww�� KUOQU U �paw V z W p2W Wg dU-W0 0 rc o F�<F- a u0 waOzz� _. pLLafn�m 000 0 w00¢o ~ N Q OZ Z Z 20 -mm 10 0. Q w O w W LL <_ Zp¢O ¢ �awww. W r o rz�: O 0� Z,0<0 mOr�w� ZZ �QQSZ e m zw C7_Zm ¢ z¢pz in '° aW Z F'U�rQ o N ¢� zoNZ pwwo¢= O gg OJ j yrs w O W x a Z = n 0 ° r N r ? H CI h o LL z o 0 5 g o o ° o r o ° z z r o w o s i ? "' o = m 3 z z owx 0 o r p z z m o o ° a ? o g o m a 0 d o o w r s r x " o x Z r w a O d w J n u r u J ro x = u z r o z z m < u r z ¢ 0 ¢ m 'a^ u g Z s o¢ o a r u N o a u N = lg rrG 0 ° �0.r ~ 9i r O O O W = 0 x z 0 x ? = D i p '-^ vri N O " m 0 1- [O N x 0 r Z 0 z ¢ a 'ww' o z W zo °� N N N ar zo zorc � 0r � 0 wr ,a„ '" ozo 3 SOo � = zO oma "' > ,� � x LLzxx o a a z o $ z m o m S F = °m r a s Sx z Z o z ° a F a `� S o 0 0 o a w = LL s o o w N z a S o z 0 u° g o u g = _ ° > r z z z z N Q m z 0 o S o o ry o S o = o m o u ¢ o 0 3 M N F m 0 o N x z a o Z F m z a z O O Z N 3 p Q r Z 0 n x in .' z LL a j Z m rc Ci O r ry Q •vwi $ G ¢� z z r m > r0 s p vJ = = z �o a � nix o0 � � gzZ o � 63oo °m' osr = g Y' <- 3: a3a920 , sur ri° ^70 � % > Q g o r " z = o o n s 0 x 5 o N r Q a d o o ° z o a r = G 4 z. ,a„ = FoS'. ovGz �azoa � grzo � � $ � � zr "�' en ° o'" < uN � so_ °` oozz z o r o o ° a d < Z Z o o g 0 S ~ r r o z o ° r o o w u u f S 0 a z r x w w = 0- Z-2 p � D x O m o ro -' ? p u S u „z, Z �` p mg 0 QQ 5 K F a s 7 ¢ a F H u Be 0 '~^ 2 p O n N m o 0 $ x r ¢ o N Z w r r ¢ 5 O o m F O O e O a F W zia °u °u m r3Nzz � a o '^ zw V dswr" � r , t t o "' z °� ? a5� Noxza ? ri0 Q z z °o z w o w = o S g Z z $ °° 3 ra f o = m = 3 z m u i Q yr X o ? 0 o W Q g ° G u o 0 w ' r z z M n z 5 5 g 2 3 z ° r Z a _ ;� S ac IR 0N S s o w z 3 ggQxQx 0 = a w o $ 0 0 o a 'r^ 3 o a $ o M o 0 0 = M, a o 0 0 f '� 00 z Z z o O o P. o a o a w ~ a o m 0 z m z 0 = m N r a = o o �a+ -z o = o o o a amu, o m a w 'z i m o g QCg o o s o m r r p N a = o o LL o m w w So = u o f w r 0 o F 6 o Z uai 0 s w a F w Z m 0 N N o g a Z o � o J � my, ° W ? 3 w o o m = ° G ,m1p. o o m 1 rZ N "dw z = o = 8gzo w ugNo3 ' am aoa aaaW o w0x : LL rr 3Zu N a G �O z z u r .+ 7 t W O a O N u z H a o n _ 1x- Ow r w r Z O w w z 0 a S b 0 m o 0 0 o a z 'r^ o in z w w w v a - 3 rc <Hr o0 VV pOug Ox zp z $ aw' 00 � o900vwQrQ ;,, f �„ 5 a3 - 0 F l7 O N m 0 O r z r 0 ° +rw+ < w O Z ^ z r ? 0 g r 5 o r x vi° Z uri N 2 a N U o x r s o \ f u o o w w z 3 < z m ° S w s m o ° w g o o u z a S a o z a o 5 o w z " 3 a o u ° LL o 0 6 0p a = z ° r 0 o z s ° o o o z 'a 'i a 3 0 r u > rZ S = z o w a 3 a z x 0 r o u^ u Y z r u o 5 3 0 0 3 Z = r m a o o F m N o s a'c G i Z)Z 0, � z t; mo i w o r �^ o w $ ° o > > o V � � � 0 o �z o „a, 0 = y o ,m„ c � a g � w` e g 'a a � 0 g o � 2 w z a °z o z � z 5z zp S 0 O� z u e zO n m 2 r Z z j 0 0 0 2 Wm K m 1 C 3 3 K U 2 O z w F. u 0 N °Iz = a Q w o u: .a. ~ rc r va"-i r ¢ 6 '�" m ° z r r o u Z O Z m o w N o z F s O FL O j O Q O 0 m F = z o °-r o o a ° 3 z s a °z o o •3 ° 0 �{ o C) z v a 0 a N w ? o z o °z °z u 3 �u o r 0 z 0 o a ° z ,u oa z 'r" `_' z � p u � m 5 � a 3 u = ° c°cc u a x s = 3 w p z z � z w � � �z+ o o � r s o a me°o S o 3 ? a g o o u. M 'z o ° v ° d °z °z a a r a o o 0 0 o a o o a 3 0 z u u a U 3 3:3: c o s a o o d z a 'd �'dma and°d zx x z x "dw z z55z5�C��;; o 3 0 0 o i o`8z�8m �zry 77 z o n 1 z N 2 07 z o z 6 0 m w o r o S CV r - - - a 8 - - - - - - - - o a z x v N <oz E 3 w m 3 a g 3 3 3 3 3 3 m 3 3 m 3 m m 3 m 3 w o ° u g G S g a - m- - - - - a a a i z o0 �w W W5g _ Sn iz� n$' m 3m � Nia< W rd° a.and am. A .. w z i N m m €8r S Sm � S.1 a .0 a x--6a �� H oz � .n �z mzz� o z N is ?.?w� o z ^ a m 0 w3< °N'�, e ? m �z°z ozz ^'gym 0 0 0 0 0 0 N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 m o 0 0 0 o € G f _z m S v n< a o o o w g 0 S p 0 0 0 0 0 $ $0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o- - - - - - 0 0 $8 8 8 0 a _ 0 z - F n 5 u e o 8 ro m o n m o rmi o$ m m o o m S p 8 8< a 0 r ry .. ., ry ° W 3 3 3 3 3 w w 3 W m 3 w 3 3 3 m 3 3 3 o w 3 3 3 3 3 w m 3 w w 3 W 3 3 3 3 W 3 3 3 3 3 3 w u 3 3 W '_'- - � aor .,ry., zo $o S e a 8 e v v ^o 0 o G N m8P m8 am P8m88 88m8 gm z m z m z z z z z z z z z z z z z m z a z z z z z o u< a m .un mm o .. N m e m .o n ,y r uvd m r n romo .. .. o ma mmn „ '.mmo .. omrm ,� m o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 z o 0 0 0 o m o 0 0 0 � < z F F NORTH CROSSING AECOM Changes to Preliminary& Final Plat 1-10-2018 Preliminary Plat Changes 1. Name/Title of plat—Changed to NORTH CROSSING ADDITION along with all references within the plat. 2. Change sheet order—Changed sheet 3 to sheet 1 of 3,sheet 1 to sheet 2 of 3,and sheet 2 to sheet 3 of 3 3, The 2'contours have been adjusted to make legible. 4. The scale for the proposed existing utilities has been increased to help with congestion of lines and notes. 5. Existing Lots 1 and 2 in Logan Plaza First Addition have been labeled with existing subdivision i; name. 6. Existing car wash on Lot 2 Logan Plaza First Addition is shown as an existing feature. 7. The permanent sanitary sewer easement has been revised to the new sewer location. 8. The proposed utilities have been updated and shown as they have been constructed. 9. On current page 1 of 3, note added referencing sheets 2 &3 information, included preliminary site plan information for proposed gas station and building north of proposed hotel and updated the date from November to January. 10. The record distance from point 19 to point 22 was deleted since there was not record distance. 11. Showed proposed easements for MidAmerican Energy electric that have or will be provided to serve the new development and added a note to sheet 1 for New Utility Easement for Gas and Electric. Final Plat Changes 1. The changes noted above for items 1, 7, 10 and 11 have all been changed on the final plat. f i Y Ij f t Page 163 of 182 CITY OF WATERLOO Council Communication Resolution approving a lease agreement with C & S Car Company for a 2018 Hyundai Santa Fe, VIN #5XYZUDLB8JG542281, to be used by the School Resource Officers, for a six(6)month period at no cost to the City, and authorize Mayor to execute said agreement. City Council Meeting: 1/22/2018 Prepared: 1/17/2018 REVIEWERS: Department Reviewer Action Date Police Department Krogh, Frank Approved 1/17/2018 - 12:38 PM Clerk Office Even, LeAnn Approved 1/17/2018 - 12:45 PM ATTACHMENTS: Description Type ❑ C & S Lease Agreement Jan.2018 Cover Memo Resolution approving a lease agreement with C & S Car Company for a SUBJECT: 2018 Hyundai Santa Fe, VIN #5XYZUDLB8JG54228I, to be used by the School Resource Officers, for a six(6)month period at no cost to the City' and authorize Mayor to execute said agreement. Submitted by: Submitted By: Frank Krogh. Captain of Police Services Request that the City Council pass a resolution authorizing Mayor Hart to Recommended Action: sign the lease agreement with C & S Car Company for a 2018 Hyundai Santa Fe vehicle to be used by the School Resource Officers for a 6 month period at no cost to the city. This is a 6 month lease to supply a vehicle to the School Resource Unit of Summary Statement: the Waterloo Police Department. C & S Car Company has donated the use of a new vehicle for many years to the Police Department to be used the School Resource Unit. Expenditure Required: None Source of Funds: None Policy Issue: N/A This is an in kind donation by C& S Car company without this lease we Alternative: would have to supply a squad car to the School Resource Unit which could cause a shortage of squad cars during special events. Background Information: N/A Legal Descriptions: 2018 Hyundai Santa Fe SUV VIN# 5XYZUDLB8JG542281 Page 164 of 182 AUTOMOBILE LEASE AGREEMENT 1 This Agreement is made and entered into this 22nd day of January 2018, by and between C & S Car Company Hyundai Mazda Subaru, with its principal place of business at 812 Washington Street, Waterloo, Iowa (the Lessor) and the City of Waterloo, Iowa, a municipal corporation duly organized under the laws of the State of } Iowa, (the Lessee), whose address for purposes of this Lease Agreement is 715 Mulberry Street, Waterloo, Iowa, 50703. RECITALS WHEREAS, C & S Car Company Hyundai Mazda Subaru is in the business of selling motor vehicles; and WHEREAS, C & S Car Company Hyundai Mazda Subaru is desirous of leasing to the City's Police Department, a white 2018 Hyundai Santa Fe Sport VIN#5XYZUDLB8JG542281; and WHEREAS, City is in need of a vehicle for the purposes of its Life Skills Program. NOW, THEREFORE, in consideration of the mutual covenants, conditions, and agreements contained herein, and for other good and valuable consideration, the I receipt of which is hereby acknowledged, the parties agree as follows: I TERMS 1. LEASE. The Lessor leases to the Lessee the motor vehicle described above from January 22, 2018, to July 22, 2018, unless the Lessor shall extend this j Lease Agreement. I 2. VEHICLE USE, (a) The Lessee shall not use or permit any leased L vehicle to be used for any illegal purpose or for the transportation of any material deemed extra hazardous by reason of being explosive or flammable. The Lessee shall reimburse the Lessor for all damages sustained by the Lessor as a result of such use. The Lessee shall also reimburse the Lessor for any vehicle confiscated by any governmental agency, or other expense incurred as a result thereof, whenever such confiscation or expense is caused by the illegal use of such vehicle by the Lessee. (b) Without the permission of the Lessor, the Lessee shall not leave the State of Iowa with the leased vehicle. (c) The Lessee shall not overload the leased vehicle beyond its specified carrying capacity nor operate the vehicle on flat or insufficiently inflated tires. Page 165 of 182 i i (d) The Lessor shall not be responsible for loss or damage to any goods or other property placed or carried in any leased vehicle arising from any cause whatsoever. (e) The Lessee shall not accrue more than 4,000 miles on the vehicle in any six (6) month period. i 3. OPERATION. (a) The leased vehicle shall be operated by a safe, 1 competent, and duly licensed driver selected, employed, and under the supervision of, and paid by the Lessee. Upon the Lessor's complaint specifying any reckless, careless, or abusive handling of any vehicle by a driver, the Lessee shall investigate the complaint, and if warranted, remove the driver and replace him or her with a competent substitute. i s (b) The Lessee and its drivers shall be solely responsible for individual fines and penalties for parking or traffic violations. If the Lessor is required to pay any fine or summons, it may bill the Lessee for them. i 4. MAINTENANCE OF THE VEHICLE. The Lessee will bear all expense of maintaining the leased vehicle in good and operating condition, If the necessary i repairs exceed the amount of $100.00 in any one given month, the Lessee will first consult the Lessor whose written instructions with regard to repair will be followed. i i 5. LIABILITY. The Lessee shall be liable for all damages caused by collision, upset, or overturn of the leased vehicle and all damaged caused by each instance of a hazard covered under standard comprehensive fire and theft coverage. i 6. INSURANCE. (a) The Lessee, at its own expense shall insure the leased vehicle against all loss and carry liability insurance in limits of not less that $1,000,000 for any one person injured or killed, not less than $1,000,000 for more than one person in any one accident and not less than $100,000 for damage to property of others in any one accident. i i _ (b) The Lessee shall comply with all the terms and conditions of the insurance policies covering the leased vehicle and give the Lessor and the appropriate insurance carrier, within 24 hours of any accident involving a leased vehicle, a written report of such accident. The Lessee shall cooperate with the insurance carrier and the Lessor in the prosecution and defense of any and all claims arising out of the use of the leased vehicle. (c) The parties agree that the comprehensive coverage of the policy as to collision and other damages may be provided by the Lessee through its own self- insured program. -2 - Page 166 of 182 i 3 7. THE LESSEE'S DUTIES. At its own expense, the Lessee shall: (a) Notify the Lessor immediately as to any damage caused to the leased vehicle; (b) Periodically wash the leased vehicle, and keep it clean, both inside and out; j (c) Supply the necessary gasoline, oil, with Hyundai oil filter and lubricants for its operation; (d) Check the leased vehicle for antifreeze and oil and add, if necessary; the Lessee will be solely responsible for damages caused by lack of oil, lubricants, or antifreeze; i (e) Check the tires of the vehicle for proper inflation; the Lessee will be i solely responsible for tire damage due to improper inflation; (f) Carry sufficient Workers' Compensation or other work-related injury/disability insurance coverage for the Lessee's drivers and other employees operating the leased vehicle. i 8. LICENSE AND REGISTRATION, The leased vehicle shall bear a license plate, and title to it shall be registered in the name of the Lessor. All expenses incurred in licensing and registering the leased vehicle shall be borne by the Lessee. Lessor shall license the vehicle in its name, and Lessee shall furnish a copy of the title, j lease agreement, application for registration, and state plates to the Iowa Department of Transportation. II i 9. OWNERSHIP. This is a lease contract only and the Lessee acquires no ownership, title, property rights, or interest in or to the leased vehicle, except that which is consistent with the provisions of this Lease Agreement. i 10. RETURN. Upon the termination of this lease, the leased vehicle, at the [ expense of the Lessee shall be returned to the Lessor's place of business in good condition, reasonable wear and tear excepted. Lessee will be responsible for removal of any logos added to the vehicle. 11. INSPECTION. The Lessee shall permit the Lessor and/or its agents at all times to inspect and examine the leased vehicles and permit the Lessor at any time to replace any such vehicle with one of like make and body. 12. EXTENSION OF THE LEASE TERM. On ,duly 22, 2018, the Lessor may opt to extend the lease by an express written amendment to this Lease Agreement. If the Lessor does not exercise the option, the lease will terminate and the City shall return to the Lessor the vehicle excluding ordinary wear and tear for the purpose which - 3 - Page 167 of 182 it is used, The Lessor agrees that the City may affix the SRO (School Resource Officer) logo by paint or otherwise and any other body and paint modifications approved by the Lessor at the time of the initiation of this lease agreement. 13. Without the prior permission of the Lessor, the Lessee shall not be permitted to assign or sublet the vehicle. 14. WAIVER. The failure of either party in any one or more instance to insist upon the performance of any of the terms, covenants, or conditions of this lease, or to exercise any right or privilege in this lease conferred, or the waiver of any breach of any of the terms, covenants, or conditions of this lease, shall not be construed as thereafter waiving any such terms, covenants, conditions, rights, or privileges, all of which shall continue and remain in full force and effect, as if no such forbearance or waiver had occurred. 15. INDEMNITY. The Lessor does not assume any liability for any acts or omissions of the Lessee or the Lessee's drivers, agents, or employees. The Lessee hereby releases the Lessor and agrees to indemnify the Lessor and hold it harmless from any and all claims against the Lessor of any kind or nature whatsoever, arising out of or resulting from the use and/or operation of the leased vehicle by the Lessee, including any expenses and attorney's fees which the Lessor may incur in defending any such claims, except such claims or portions thereof as are covered by applicable insurance as otherwise herein provided. 16. BINDING EFFECT. This lease shall be binding upon and inure to the benefit of the parties hereto, their successors, legal representatives, and assigns. The Lessee may not assign, pledge, or otherwise encumber this lease or any interest ? therein or sublet the leased vehicle without the Lessor's written consent, nor shall the Lessee encumber or otherwise cause any lien to be placed against the leased vehicles, or abandon or conceal the leased vehicles. 1 17. ENTIRE AGREEMENT. This lease represents the entire agreement between the parties. All prior negotiations have been merged into this lease and there are no understandings, representations, or agreements, oral or written, express or implied, other than those set forth herein. This lease shall not be modified or amended except by an agreement in writing signed by the parties. E 18. NOTICES. All notices required to be given under the terms of this lease shall be in writing and shall be sent by United States registered mail or certified mail addressed to the party to be notified at its address as above stated. For the Lessee, Chief of Police or Major Joe Leibold, Waterloo Police Department, 715 Mulberry Street, Waterloo, Iowa, 50703, telephone number (319) 291-4340. For the Lessor, George Cooley or his designee, C & S Car Company Hyundai Mazda Subaru, 812 Washington Street, Waterloo, Iowa, 50702, telephone number (319) 291-7321. -4 - Page 168 of 182 19. GOVERNING LAW. This lease shall in all respects be governed by and construed in accordance with the laws of the State of Iowa. 20. HEADINGS. Headings in this lease are for convenience only and shall not be used to interpret or construe its provisions. I 21. COUNTERPARTS. This lease may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first written above. DATED this _22_day of July 2018. CITY OF WATERLOO, IOWA The Lessee By: Quentin M. Hart, Mayor j ATTEST: f E Kelley Felchle, City Clerk STATE OF IOWA ) ss: BLACK HAWK COUNTY ) On this day of January, 2018, 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 i are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa; and that the seal affixed to the foregoing instrument is the corporate sale of the corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council as contained in the Resolution adopted by the City Council, under Council Action No. of the City Council on the day of January, 2018, and that Quentin M. Hart and Kelley Felchle acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa -5- Page 169 of 182 C & S CAR COMPANY HYUNDAI MAZDA SUBARU The Lessor By: I STATE OF IOWA ) ss: BLACK HAWK COUNTY ) On this day of January, 2018, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared and , to me personally known, and who, being by me duly sworn, did say that they are the and respectively, of said corporation executing the within and foregoing instrument, that (no seal has been procured by the said) (the seal affixed thereto is the seal of said) corporation; that said instrument was signed (and sealed) on behalf of said corporation by authority of its Board of Directors; and that the said and as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. i i Notary Public in and for the State of Iowa j i s I -6 - Page 170 of 182 CITY OF WATERLOO Council Communication Historic Preservation Meeting minutes of November 21, 2017. City Council Meeting: 1/22/2018 Prepared: REVIEWERS: Department Reviewer Action Date Planning&Zoning Schroeder, Aric Approved 1/17/2018 - 10:43 AM Clerk Office Higby, Nancy Approved 1/17/2018 - 10:46 AM ATTACHMENTS: Description Type D HP 11/21/17 minutes Cover Memo SUBJECT: Historic Preservation Meeting minutes of November 21, 2017. Submitted by: Submitted By: Page 171 of 182 WATERLOO HISTORIC PRESERVATION COMMISSION REGULAR MEETING—November 21, 2017—4:30 P.M. Mollenhoff Conference Room, City Hall Ottesen called the regular meeting of the City of Waterloo Historic Preservation Commission meeting to order at 4:32 p.m. Commission Members in attendance were: Ottesen, Price,Jenson, Stevens and Miller. Commission Member(s)absent were: Orlando&Jaacks. Others Present: Pat Morrissey—City Council Representative,E.J. Gallagher—Grout Museum,Rose Phillips-INRCOG and Adrienne Miller—Planning Staff Approval ofAgenda Motion made by Jenson,seconded by Price to approve the agenda of the November 21,2017 regular meeting. Motion carried unanimously. Approval of Minutes Motion made by Price seconded by Miller to approve the minutes of the October 17,2017 regular meeting. Motion carried unanimously. Hearings State of Iowa Most Endangered Building Nomination: Ottesen indicated that last month St. Mary's school was discussed as a nominee. Jenson agreed that it would be a good nomination for the commission to submit. Miller questioned who the owner of the structure was. A. Miller noted that it was a private owner not the city but the city has received inquiries on the property. Motion made by Jenson seconded by Price to nominate St. Mary's school for the State of Iowa Most Endangered Building list.Motion carried unanimously. Community Foundation Grant Application and Project List: Adrienne noted that this item would be discussed further in the December meeting. Motion made by Jenson seconded by Price to table the item until December's meeting. Motion carried unanimously. Reports 1. Main Street Ottesen reported small business Saturday is this coming weekend. Christmas decorations were set up this week and Winter-Wonderloo will also be taking place this weekend. They are still in the process of interviewing for a new director and are down to four candidates for the position. -1- Page 172 of 182 2. Silos and Smokestacks. No Report 3. Grout Museum Gallagher indicated that the Grout Homes tour includes historical properties. They would also like to make the Russel House and Snowden House more available to the public. The Grout museum also has concerns with new legislation in process for Federal Historic Tax Credits. 4. Rath Administration Update A.Miller noted that there is a court date for the property for the 657A process set for November 291. 5. Walnut Survey A.Miller indicated that they were on the ground and began survey work the week of November 13th 6. Highland Miller noted that the Rath home was purchased by Chris Swartz. Discussion Items/Possible Actin Items 1. Following the Ordinance in Meetings? No update-John will have further information at December meeting. 2. Design Guidelines Ottesen noted that he briefly looked through the document and encouraged other commissioners to look through the guidelines and submit any questions or comments to him or John. 3. CIP 2019-2023 Ottesen noted that John submitted a request for$1.5 in the CIP. Departments are still submitting their requests at this time so the initial CIP discussions have not begun. 4. Most Endangered Building List 2018 Jensen indicated there were a few buildings within the Church Row neighborhood that would be good for the local most endangered building list. The Wellington Building located at 727 W Park Ave and the former church located at 719 W 61 Street. A.Miller noted that the church on 61' Street is currently going through the special permit process in order to open an antique store at that location. Ottesen noted that the commission can come up with 8-10 buildings in Waterloo to place on the list and the list should be compiled within the next few months. 5. City owned properties/Demo List -2- Page 173 of 182 No Updates 6. Action Plan Ottesen encouraged commissioners to review the plan and continue to work towards accomplishing the goals. Some of the items may need to be pushed into 2018. Stevens questioned the connection with Cedar Valley Historic Society. Gallagher noted their primary focus was People and places not structures necessarily. Ottesen noted that the commission will need to assign people to each action plan in the next few months to insure items are being handled. 7. Banquet 2018 A.Miller noted that even though the annual banquet is not until May commissioners should begin thinking of award recipients. 8. School Art Proiect No Update 9. Grant Stevens noted the commission should look into the Sacred Places grant. There are three congregations that would benefit from the grant Mt. Moriah,Antioch Baptist and Payne Memorial. 10. Survey form filing and Data Entry Update No Update. Other business: Federal Historic Tax Credits: Discussion was held in regards to current legislation that would cut Federal Tax Credits by 50%. The commission discussed the importance of the tax credits for the development of the city and how many local projects have been affected by them. Motion made by Jenson seconded by Stevens to have Ottesen send a letter to local legislators on behalf of the commission supporting the Federal Historic Tax Credits.Motion carried unanimously. Adiournment Ottesen adjourned the meeting at 5:36 p.m. Respectfully submitted, Adrienne Miller Planner II -3- Page 174 of 182 CITY OF WATERLOO Council Communication Leisure Services Commission minutes of December 12, 2017. City Council Meeting: 1/22/2018 Prepared: REVIEWERS: Department Reviewer Action Date Leisure Services Huting, Paul Approved 1/10/2018 - 12:17 PM Clerk Office Higby, Nancy Approved 1/16/2018 - 1:16 PM ATTACHMENTS: Description Type D 12-12-17 Minutes Backup Material SUBJECT: Leisure Services Commission minutes of December 12, 2017. Submitted by: Submitted By: Page 175 of 182 MINUTES WATERLOO LEISURE SERVICES COMMISSION TUESDAY, December 12, 2017 Iry Warren Memorial Golf Course Pro Shop 1000 Fletcher Avenue Megan Hannam called the meeting to order at 7:30am. Present: Megan Hannam, Nancy Bamsey, , Sharon Samec, Don Huff, Marvin Spencer, Brenton Shavers. Staff: Paul Huting, Todd Derifield, JB Bolger, Chris Dolan, Travis Nichols, Bill Bachman, Mark Gallagher and Council Liaison Jerome Amos, Council Liaison Steve Schmitt. Absent: Brenda Durbahn Megan Hannam called for approval of the agenda. Motion to approve agenda by Marvin Spencer second by Sharon Samec. Ayes: All. Nays: None Megan Hannam called for approval of the 11/14/2017 meeting minutes, Motion by Sharon Samec second by Brenton Shavers to approve the minutes. Ayes: All. Nays: None. Megan Hannam called for approval of the bills. Questions were answered. Motion by Don Huff, second by Sharon Samec to approve the bills. Ayes: All. Nays: None Commission terms will end in March 2018 for Nancy Bamsey and Marvin Spencer. Nancy will not be at the next two meetings. If someone is interested in serving on this board, they should fill out the paperwork that is available at City Hall or at the City of Waterloo website, Committee Meeting No committee meetings were held. STAFF UPDATES Young Arena —Chris Dolan The Minnesota Youth wrestling tournament was held at the Arena. Over 700 wrestlers participated, representing 12 different states. Preparing for the Battle of Waterloo wrestling tournament. Construction continues on the suites. Construction —Travis Nichols Sherwood Park project is now complete. The parking lot project at the Boat House is 85% complete. Work will stop now until spring, The Boat House can now be rented. Working on the Trike Track project, there will be no cost to the City on the project. Page 176 of 182 I z t i Forestry—Todd Derifield Crews continue to work on ash tree removals. There are 304 ash trees in the Kingley neighborhood, 247 will be removed. Homeowners are choosing to treat the rest, at their ! expense. Working on tree planting plans for the spring, applying for grants for tree plantings. Golf and Downtown Area —JB Bolger ' Working with Ritland to develop plans for options to update Lincoln Park. The proposed plans for updates on University Avenue will increase the maintenance needs for that area. Crews are pumping out some of the ponds at Gates and Iry Warren. This will allow for dredging in the winter months. The goal is to reduce algae in the ponds. Sports and SportsPlex— Mark Gallagher Approval was received to hire a consultant for the outdoor pools. Sportsplex will be closed December 24 and 25. Staff will be working to rearrange weight equipment to meet current needs on that equipment, Membership numbers are between 2800 and 2900. Facility rentals are very heavy; weekends are booked for next few months. An archery tournament was recently held, and an AAU basketball tournament is coming up. The next regular Leisure Services Commission Meeting will be held Tuesday, 3 January 9, 2018 at the 1101 Campbell office. Megan Hannam asked for motion to adjourn. Motion by Marvin Spencer to adjourn, second by Sharon Samec. Adjourned at 8:00am.A, I I I�lawt , ecretary 5akec- Signed this Date !� I 3 3 1 Page 177 of 182 CITY OF WATERLOO Council Communication Board of Adjustment minutes of August 22 and September 26, 2017. City Council Meeting: 1/22/2018 Prepared: REVIEWERS: Department Reviewer Action Date Planning&Zoning Schroeder, Aric Approved 1/17/2018 - 10:42 AM Clerk Office Higby, Nancy Approved 1/17/2018 - 10:47 AM ATTACHMENTS: Description Type D BOA 8/22/17 minutse Cover Memo D BOA 9/26/17 minutes Cover Memo SUBJECT: Board of Adjustment minutes of August 22 and September 26, 2017. Submitted by: Submitted By: Page 178 of 182 MINUTES OF THE WATERLOO BOARD OF ADJUSTMENT REGULAR MEETING HELD ON AUGUST 22,2017 IN THE HAROLD E. GETTY COUNCIL CHAMBERS, CITY HALL Chairperson Shimp called the regular meeting of the Waterloo Board of Adjustment to order at 4:00 p.m. Board members in attendance were: Shimp, Reisinger, Chizek, Goldsberry,and Condon. Board Members Absent: none. Staff in attendance was: Western, Dornoff, Hyberger and Schroeder. I. Approval of the agenda August 22, 2017agenda. It was moved by Goldsberry and seconded Reisinger by to approve the agenda as submitted.Motion carried unanimously. II. Approval of the Minutes of the Regular Meeting on.July 25, 2017. It was moved by Reisinger,seconded by Chizek to approve the minutes of the July 25,2017 Regular Meeting as submitted.Motion carried unanimously. III. Decision Items 1. Request for a special permit by Silver Lakes Estates, Inc.to allow filling upon the property,within an "R-2" One and Two Family Residence District, located west of 18 Silver Lake Drive. Andera gave staff report. Condon asked if the berm was completed or is there more work to do. Andera stated that he thought there is more to do but suggested that the applicant could explain better. Goldsberry asked why we are reviewing this request when the Planning Commission denied it. Andera explained that the P&Z Commission only makes recommendations and the Board of Adjustment has final say on all Special Permits. Reisinger asked if FEMA was involved and ask what the difference is between floodplain and floodway.Andera explained the difference. Kirk Eschilman spoke on behalf of the applicant and described the project and showed pictures of the 2008 flood and explaining how the berm will not negatively affect water runoff in the area. There was considerable discussion back and forth on how the water flows in the area. Pete Christiansen who resides at 5147 Foulk Road stated that he is against the project and feared it will divert water into his back yard and asked what is the purpose of the berm and felt that it was unnecessary. James Cook 2, Silver Lake Drive spoke in favor of the project and stated that there is no evidence that the berm will cause any additional flooding and most of the flooding was from sewer back up. Mr. Cook went on to explain that the berm is essentially the same dimensions in width and height as the sandbagging that was done along the road essentially in the same location as the existing berm in 2008.And that the reason for the berm is to eliminate the need for emergency sandbagging. Ron Geisler 5129 Foulk Road stated that he is against the project and does not understand the need for the berm is believes it will cause more water to run into his yard and when it does who do we go to. Condon asked for clarification on what the board is being asked to approve. Schroeder explained if you place 25 cubic yards or more of fill on any property in the City of Waterloo, or place fill in a 100 year floodplain,you are required to obtain a Special Permit through the Board of Adjustment. Eschilman explain that there is already 220 cubic yards of fill on side that just need to be graded. Reisinger stated that anyone who purchases a home in this area is aware of the water issues and will have to deal with it and is not convinced that the berm is not the correct way of dealing with the water issues. Mr. Cook stated that the board must vote based on facts and what can be supported and not by speculation and emotional pleas by neighbors and that there is no evidence that the berm would negatively affect the area. Barbara Culbertson who resides at 5061 Foulk Road expressed concern for the project and feels it will cause more water problems. It was moved by Condon, seconded by Goldsberry to approve the request by Silver Lakes Estates,Inc, to allow filling upon the property, within an 'R-2"One and Two Family Residence District, located west of 18 Silver Lake Drive. Roll call vote: Condon yes, Reisinger-no, Goldsberry-yes, Chizek yes. The Motion Carried 4 to 1. Page 179 of 182 BOARD OF ADJUSTMENT August 22,2017 Minutes 2. Request by Steve Droste for a variance to the 2,560 square foot accessory structure limit, the 15'maximum height limit, and restrictions on the use of vertical metal siding,to allow for the construction of a 2,400 square foot pole building for a total of 5,040 square foot off accessory structures, 2,480 square feet over the maximum, and to allow for a height of 20', 5'greater than the 15' maximum, and allow the use of vertical metal siding in the "R-2" One and Two Family Residence District,located at 1445 Arbor Lane. Western gave staff report. Condon asked for clarification of the request. Western further explained the request. The applicant further explained the reason for the request explaining that the existing building has been converted to a shop for his son's race car therefore; he needs to build another building to store his 40' motor home and 30'trailer. The applicant also described the area as being rural in nature and that the proposed building would have very limited visible to surrounding area. Reisinger asked if the request is approved are we setting precedent. Schroeder stated that yes that is possible. When you review precedence on a case by case basis and there comparable where two requests are similar and one request is granted it could potentially set precedence on the other request. Schroeder went on to list the uniqueness's of the site such as the area is heavily wooded, on the fringe of the city and rural nature and not easily visible by surrounding neighbors. Schroeder continued with stating that the question is what is a reasonable accessory structure square footage limit or reasonable amount regardless of the square footage of the property that a single family home should be allowed to have. If the board is to grant the additional variance to the maximum square footage of accessory structures he feels that the precedence has already been set and staff does not have any real concerns but asked if it was possible to build a smaller addition to the existing pole building. Shimp asked if that was possible. The applicant stated that the area to the north is not flat enough and the area to the south is too close to the driveway and to the east is too wet, and to the west the building would block the view from the house. Reisinger asked applicant what the smallest building that he could live with. The applicant stated he really needs the full 70' x 112' pole building too ensure there is enough room for the trailer, motor home and room to move around in to conduct maintenance on the motor home. Goldsberry asked for clarification as to what buildings are pre-existing and if the new building will be on a separate parcel and if so does there need to be a Restrictive Covenant in place.Western stated that there would need to be a Restrictive Covenant in place. It was moved by Goldsberry, seconded by Chizek to approve the request by Steve Droste for a variance to the 2,560 square foot accessory structure limit, the 15'maximum height limit, and restrictions on the use of vertical metal siding, to allow for the construction of a 2,400 square foot pole building for a total of 5,040 square foot off accessory structures,2,480 square feet over the maximum, and to allow for a height of 20; 5'greater than the 15'maximum, and allow the use of vertical metal siding in the "R-2"One and Two Family Residence District, located at 1445 Arbor Lane, and that the applicant sign a Restrictive Covenant prior to construction. The Motion carried 4 to 1 with Condon voting no. Discussion IV. Adjournment It was moved by Condon, seconded by Goldsberry, to adjourn the meeting at 4:56 p.m. Motion carried unanimously. Sincerely, Chris W.Western Planner II/Brownfield Coordinator 2 Page 180 of 182 MINUTES OF THE WATERLOO BOARD OF ADJUSTMENT REGULAR MEETING HELD ON September 26,2017 IN THE HAROLD E. GETTY COUNCIL CHAMBERS, CITY HALL Chairperson Shimp called the regular meeting of the Waterloo Board of Adjustment to order at 4:00 p.m. Board members in attendance were: Shimp, Reisinger, Chizek, Goldsberry,and Condon. Board Members Absent: none. Staff in attendance was: Western, Dornoff, Hyberger and Schroeder. I. Approval of the agenda September 26. 2017agenda. It was moved by Reisinger and seconded by Goldsberry to approve the agenda as submitted.Motion carried unanimously. II. Approval of the Minutes of the Regular Meeting on.August 22, 2017. It was moved by Condon,seconded by Chizek to approve the minutes of the August 22,2017 Regular Meeting with corrections.Motion carried unanimously. III. Decision Items 1. Request by the Boys and Girls Club of the Cedar Valley, for a special permit to construct a 6.500 SF Teen Center building,a variance to the required minimum parking_ stalls, and to have a zero lot line along East 4th Street,within a "C-2" Commercial District. located at. 809 East 4th Street. Western Gave Staff Report. Chuck Rowe, Director of the Boys and Girls Club made comments on how important the Teen Center is and how they are no longer recruiting teens as the club is full and that the Teen Center is what the Teens are asking for and that it is very much needed in the area. There were no questions of staff but comments in support of the project. It was moved by Condon, seconded by Chizek to approve the request for a special permit to construct a 6,500 SF Teen Center building, a variance to the required minimum parking stalls, and to have a zero lot line along East 4th Street, within a "C-2"Commercial District, located at, 809 East 4th Street. The Motion Carried unanimously. 2. Request by Islamic Foundation of Iowa. Inc..a request for a special permit to allow for the phased development of a 6.400 square foot daycare facility. 80'X 40'play area,utility garage. Community Centre/Gym,and Islamic Centre/School and 16-stall parking lot, located west of 2010 West Ridgeway Avenue. Hyberger gave staff report. Condon asked if the septic system would accommodate all of the building planned to be built. Hyberger stated that yes it would. Goldsberry stated she had concerns about the traffic in the area and if a traffic study for the area. Schroeder stated that there currently no study completed but perhaps one could be down in the near future. However, the road is a four lane and has a lot of capacity but agreed that as the area continues to grow some changes may need to be made. Condon asked if the board is approving the re-zoning of the property. Schroeder stated that no, the board is only approving the Special Permit and the rezoning will go before the Planning Commission then City Council in the coming weeks. Condon asked if the board approved the Special Permit if the applicant would have to re-zone the property. Schroeder explained that a stand-alone day care is not a permitted use in the Industrial Districts and that yes the re-zone still needs to be done. It was moved by Reisinger, seconded by Goldsberry to approve the request by Islamic Foundation of Iowa, Inc.,for a special permit to allow for the phased development of a 6,400 square foot daycare facility, 80'X 40'play area, utility garage, Community Centre/Gym, and Islamic Centre/School and 16-stall parking lot, located west of 2010 West Ridgeway Avenue. The Motion carried unanimously. Page 181 of 182 BOARD OF ADJUSTMENT September 26,2017 Minutes 3. Request by Fereday Heating and Cooling-for a variance to the 35'rear yard setback requirement in the Y-2"Commercial District, to allow-or the construction of a 56'x 50' addition to the existing building, with a rear yard setback of 5. 30'less than the minimum required at 827 W. 5th St. Western Gave Staff Report. Condon commented that he was glad to see a long time Waterloo business expand their business and stay in Waterloo. It was moved by Goldsberry, seconded by Chizek to approve the request by Fereday Heating and Cooling for a variance to the 35' rear yard setback requirement in the "C-2" Commercial District,to allow for the construction of a 56'x 50'addition to the existing building,with a rear yard setback of 5', 30'less than the minimum required at 827 W. 5th St. The Motion carried unanimously. Discussion IV. Adjournment It was moved by Reisinger,seconded by Goldsberry, to adjourn the meeting at 4:46 p.m. Motion carried unanimously. Sincerely, Chris W.Western Planner II/Brownfield Coordinator 2 Page 182 of 182