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HomeMy WebLinkAboutCouncil Packet - 2/12/2018THE C I TY C O U N C I L O F TH E C I TY O F WATE R LO O, I O WA , R E G U LA R SE SSI O N TO B E HE LD AT TH E H A R O LD E . G E TTY C O U N C I L C H A M B E R S Monday, F ebruary 12, 2018 5:30 PM CITY OF WATERLOO GOALS 1. S upport the c reation of new, livable wage jobs through a balanc ed ec onomic development approac h of assisting exis ting busines s es , fos tering s tart-ups, attrac ting new employers and c ultivating an adequate workforce. 2. Implement a C ommunity P olic ing strategy that creates a s afe environment in Waterloo. 3. R educe the C ity's property tax levies through a respons ible balance of c os t reduc tion in C ity operations and increases in taxable property valuations to ens ure that Waterloo is a c ompetitive, affordable, and livable c ity. 4. Enhance the image of Waterloo and the C ity to residents and busines s es ins ide and outside of the c ommunity. G eneral Rul es for P ubl i c P arti ci pati on 1. At the chair/presider's dis cretion, you may addres s an item on the current agenda by stepping to the podium, and after rec ognition by the chair/presider, s tate your name, address and group affiliation (if appropriate) and speak c learly 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 C ity C lerk's offic e no later than 4:00 p.m. on the day of the C ounc il Meeting. If not registered with the C ity C lerk's offic e you may s peak one (1) time per item for a maximum of three (3) minutes . 3. If there is a hearing s cheduled as part of an agenda item, the c hair/pres ider will allow everyone who wishes to address the c ouncil, us ing the s ame participation guidelines found in these "general rules ". 4. Although not required by city code of ordinanc es , oral presentations may be allowed at the c hair/pres ider's (us ually the Mayor or Mayor P ro Tem) dis cretion. T he "oral presentations" sec tion of the agenda is your opportunity to addres s items not on the agenda. You may speak one (1) time for a maximum of five (5) minutes as long as you have registered with the C ity C lerk's offic e no later than 4:00 p.m. on the day of the C ounc il Meeting. If not regis tered with the C ity C lerk's office a speaker may speak to one (1) issue per meeting for a maximum of three (3) minutes . O ffic ial ac tion c annot be taken by the C ouncil at that time, but may be plac ed on a future agenda or referred to the appropriate department. 5. Keep comments germane and refrain from pers onal, impertinent or slanderous remarks. 6. Q uestions concerning these rules or any agenda item may be directed to the C lerk's O ffic e at 291-4323. 7. C itizens are encouraged to register with the C lerk's O ffic e by 4:00 p.m. on Monday of the day of the C ity C ouncil meeting to appear before the C ity C ouncil (may als o regis ter by phone). R egis tered s peakers will be given first priority. Page 1 of 185 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Eric T horson, City Engineer Agenda, as proposed or amended. Minute s of Fe bruary 5, 2018, Regular Se ssion, as propose d. Swearing in of thre e (3) Waterloo Fire Rescue Fire Recruits - Benjamin Lowe , Bradle y Abraham and Elliott Moelle r. ORAL P R ES ENTATI ON S I owa 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. T he City of Waterloo encourages the public to participate during the Oral Presentations by following the rules listed on the front of the agenda. 1.Conse nt 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 approving Order accepting Acknowledgment/Settlement Agreement and check for $300.00 from Central Iowa Vapors, 2829 University Avenue, Waterloo, Iowa for sale of tobacco to minor violation. Submitted By: David R. Zellhoefer, City Attorney 3.Resolution approving preliminary plans, specifications, form of contract etc., and setting date of bid opening as March 1, 2018, and date of public hearing as March 5, 2018, for the 2018 Spring Stump Removal Project, and instruct City Clerk to publish said notice. Submitted By: Todd Derifield, City Forester 4.Resolution setting the date of public hearing as March 8, 2018 to approve the F YE2019 budget and instruct the City Clerk to publish said notice. Submitted By: Michelle Weidner, Chief Financial Officer 5.Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as March 1, 2018 and setting a date of public hearing as March 5, 2018, for demolition services at 807 East 4th Street and 809-811 East 4th Street, and instruct City Clerk to publish notice. Page 2 of 185 Submitted By: Noel Anderson,Community Planning and Development Director 6.Resolution setting a date of public hearing as February 26, 2018 to approve Property Exchange Agreement between City of Waterloo and the Waterloo Community School District for the the sale and conveyance of city owned property (southern 10 acres of Miriam Park) and acquisition of the former Edison School site, and direct City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning & Development Director 7.Resolution setting date of hearing for February 26, 2018 for the approval of the Exchange Agreement and Assignment of Real Estate Contract with L & H Farms, Ltd. for the acquisition of property in Black Hawk County for exchange of property in the San Marnan T IF District in the amount of $364,117 for 9.54 acres, and up to $10,000 in closing costs,and direct City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning & Development Director B.Motion to approve the following: 1.T R AV EL RE QUE STS a.Eric Thorson, City Enginee r Class/Meeting: 2018 American Public Works Association Spring Conference Destination: West Des Moines, IA Dates: April 5-6, 2018 Amount not to exceed: $525.00 b.Sgt. Erie, Inv. Ge rgen, P.O. M. Girsch Class/Meeting: International Law Enforcement Educators and Trainers Association Training Conference. Destination: St. Louis, MO Dates: March 19-23, 2018 Amount not to exceed: $1,291.00 c.Adam We ndling, Parame dic Class/Meeting: Advanced Cardiac Life Support Instructor Course Destination: Iowa City, IA Dates: February 14, 2018 Amount not to exceed: $175.00 d.Sgt. Rasmusse n Class/Meeting: Less Lethal Instructor Development Recertification Destination: Pine City, MN Dates: April 3-4, 2018 Amount not to exceed: $908.00 2.L I QUOR LI CE N SE S a.Babes Tap, 210 Div ision Stre et Class: C Liquor License Renewal Application Does not include Sunday Expiration Date: 3/14/2019 b.Elitte Cafe Bar, 1108 Je fferson Stre et Class: C Liquor License Renewal Application Includes Sunday Page 3 of 185 Expiration Date: 2/7/2019 c.Prime Mart, 3535 Marigold Drive Class: B Wine/C Beer/E Liquor Renewal Application Includes Sunday Expiration Date: 1/19/19 d.The Other Place , 360 E. Ridge way Av enue Class: C Liquor License Renewal Application Includes Sunday Expiration Date: 1/25/2019 3.A PP OI NTME N T S a.Bob Bamse y Board/Commission: Leisure Services Commission Expiration Date: 3/1/2021 New Appointment b.Tom Powe rs Board/Commission: Leisure Services Commission Expiration Date: 3/1/2020 New Appointment c.Jady n Spencer Board/Commission: Leisure Services Commission Expiration Date: 3/1/2021 New Appointment d.Marty Fre shwater Board/Commission: Heating, Ventilation & Air Conditioning Mechanical Board for Licensing & Appeals Expiration Date: 2/12/2021 New Appointment e.Jeffrey Thompson Board/Commission: Heating, Ventilation & Air Conditioning Mechanical Board for Licensing & Appeals Expiration Date: 2/12/2021 New Appointment R ES OLUTI ON S 2.Resolution approving application to Black Hawk Gaming Association for a grant in the amount of $12,000 for the Waterloo Fire and Police Departments to purchase of an unmanned aircraft system, with $12,000 matching City funds, and authorize Mayor to execute all necessary documents. Submitted By: Dave Mohlis, Police Captain 3.Resolution approving submission of application for the 2018 Governor's Traffic Safety Bureau Impaired Driving Countermeasures Grant. Page 4 of 185 Submitted By: Dave Mohlis, Police Captain 4.Resolution approving acceptance of improvements of Greenbelt Centre Plat No. 1, performed by K Cunningham Construction Co. Inc., and Jesup Land Development Heartland Excavating, and receive and file two-year maintenance bonds. Submitted By: Dennis J. Gentz, P E, Assistant City Engineer 5.Resolution approving acceptance of improvements of Greenbelt Centre Plat No. 7, performed by K Cunningham Construction Co. Inc., and Jesup Land Development Heartland Excavating, and receive and file two-year maintenance bonds. Submitted By: Dennis J. Gentz, P E, Assistant City Engineer 6.Resolution approving acceptance of improvements of Greenbelt Centre Plat No. 8, performed by K Cunningham Construction Co. Inc., and Jesup Land Development Heartland Excavating, and receive and file two-year maintenance bonds. Submitted By: Dennis J. Gentz, P E, Assistant City Engineer 7.Resolution authorizing the submission of a grant application to the Cedar Trails Partnership, for a maximum amount of $2,500.00, and authorize the Mayor and City Clerk to execute all necessary documents. Submitted By: Wayne Castle, Associate Engineer 8.Resolution approving the Fourth Amendment to Development Agreement with Deer Creek Development, L LC to make annual payments of $200,000 and add in the former Greyhound Park site for the Deer Creek agreement, and authorize the Mayor and City Clerk to execute all necessary documents. Submitted By: Noel Anderson, Community Planning & Development Director 9.Resolution approving settlement agreement with Mark Brandes and authorize Mayor to execute said agreement. Submitted By: Lance Dunn, Human Resources Director ORDI NANCE S 10.Re quest by Stev en Hackbarth to rezone approx imately 1.05 acre s of land from “R-3” Multiple Re side nce District and "C-2" Comme rcial District to “C-1,C-Z” Conditional Zoning District, for the purposes of e stablishing an antique store and one apartme nt unit in a forme r church building, locate d at 719 West 6th Stre et. Motion to receive, file, consider, and pass for the second time an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a rezone of certain property, located at 719 West 6th Street. Motion to suspend the rules. Motion to consider and pass for the third time and adopt said Ordinance. Submitted By: Noel Anderson, Community Planning & Development Director 11.An ordinance amending Ordinance No. 5079, as ame nded, City of Wate rloo Zoning Ordinance, by amending the Official Zoning Map re ferre d to in Section Page 5 of 185 10-4-4, approving a rezone of ce rtain prope rty, locate d at and adjacent to 200 Ne vada Stre et. Motion to receive, file, consider, and pass for the third time and adopt 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. Submitted By: Noel Anderson, Community Planning and Development Director 12.An ordinance ame nding the 2008 Traffic Code , Se ction 540 - Obedie nce to Official Traffic-Control De vices, by de le ting subse ctions (88) First Stre et (E) and Mulberry Stree t - Pre-time d and (90) First Stree t (E) and Sycamore Stre et - Pre - Timed. Motion to receive, file, consider and pass for the second time an ordinance amending the 2008 Traffic Code, Section 540 - Obedience to Official Traffic-Control Devices, by deleting subsection (88) First Street (E) and Mulberry Street- Pre-timed and (90) First Street (E) and Sycamore Street - Pre-Timed, as signals have been removed. Motion to suspend the rules. Motion to consider and pass for the third time and adopt said ordinance. Submitted By: Sandie Greco, Interim Public Works Director 13.An ordinance ame nding the 2008 Traffic Code , Se ction 543 - Thru Stre ets by deleting Subse ction (57) First Stree t (E) and adding in lie u thereof a new Subsection (57) First Stre et (E). Motion to receive, file, consider and pass for the second time an ordinance amending the 2008 Traffic Code, Section 543 - T hru Streets by deleting Subsection (57) First Street (E) and adding in lieu thereof a new Subsection (57) First Street (E), as follows: (57) First Street (E) - Cedar River to Franklin Street except for signals at Lafayette Street and Franklin Street; and except Stop signs at Mulberry Street and Sycamore Street. Motion to suspend the rules. Motion to consider and pass for the third time and adopt said ordinance. Submitted By: Sandie Greco, Interim Public Works Director A D JOU R N MENT M otion to adjourn. Kelley Felchle City Clerk MEE T I N GS 3:10 p.m. Council Work Session, Monday, February 12, Harold E. Getty Council Chambers 5:10 p.m. Finance Committee, Monday, February 12, Harold E. Getty Council Chambers 4:00 p.m. Council Work Session, T hursday, February 15, Harold E. Getty Council Chambers PUBLI C I N F ORMATI ON 1.Waterloo Water Works Board of Trustees meeting minutes of January 17, 2018. Page 6 of 185 2.Communication from the Waterloo Public Works Street Department on the notice of the conclusion of employment for Robert Morelock, Street Foreman, effective January 26, 2018 with recommendation of approval of payout of $8,034.67 for unused benefits. Page 7 of 185 CI TY OF WATER LOO Council Communication Minutes of F ebruary 5, 2018, R egular S ession, as proposed. City Council Meeting: 2/12/2018 Prepared: R EV I EWER S : Department R eviewer Action Date C lerk O ffice Higby, N ancy Approved 2/6/2018 - 1:39 P M ATTA C H M EN TS: D escription Type Minutes of 2/5/2018 B ackup Material S ubmitted by:S ubmitted By: Page 8 of 185 February 5, 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 Monday, February 5, 2018. Mayor Quentin Hart in the Chair. Roll Call: Jacobs, Morrissey, Shimp, Klein, Amos, Schmitt, and Juon. Prayer or Moment of Silence. Pledge of Allegiance: Julie Dawson, Housing Authority Director 146491 - Schmitt/Amos that the Agenda, as proposed, for the Regular Session on Monday, February 5, 2018, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Seven. Motion carried. 146492 - Schmitt/Amos that the Minutes, as amended, adding Mr. Obadal’s requested change alongside the City Clerk’s minutes to read, “Todd Obadal, 124 Amity Drive, commented on the need for city council approval in accordance with the city ordinances of Waterloo prior to the disbursement of city funds”, for the Regular Session on Monday, January 22, 2018, at 5:30 p.m., be accepted and approved. Voice vote- Ayes: Seven. Motion carried. Mr. Schmitt questioned the request by Mr. Obadal to update the minutes. Kelley Felchle, City Clerk, explained it is up to the council whether to amend the minutes, then read Mr. Obadal’s requested change to be, “Todd Obadal, 124 Amity Drive, commented on the need for city council approval in accordance with the city ordinances of Waterloo prior to the disbursement of city funds”. She also read Mr. Obadal’s comments as recorded in the minutes January 22, 2018 as, “Todd Obadal, 124 Amity Drive, commented on the need for final quantity adjustments to be referred to as final quantity adjustments on the agenda”. Mr. Morrissey questioned if the changes would be added or replacing the current text. Kelley Felchle explained Mr. Obadal wants the current text struck from the record and replaced. Mr. Amos commented he would not second a motion to amend without watching the video to confirm what was said in the meeting. Mr. Shimp questioned the timeline to approve and publish the minutes. Kelley Felchle explained the timeline. Mr. Morrissey requested that the Clerk’s text remain and Mr. Obadal’s comment be added. Mrs. Juon explained that the inclusion of Mr. Obadal’s request would not impact any actions. Mr. Amos agreed to second the motion to amend. ORAL PRESENTATIONS Reed Craft, 912 Colby Road, and on behalf of the Salvation Army Advisory Committee, asked that two vacant lots on Franklin Street be sold to the Salvation Army. The lots are bordered on both sides by property owned by the Salvation Army. He stated that they have submitted an application but do not have an immediate project in mind at this time, and would be willing to pay the assessed value of the vacant lots. Noel Anderson, Community Planning and Development Director, commented that it would be beneficial to have a Work Session with Council to review the request and future land use. Jim Chapman, 224 Bertch, commented on the recent article in the Courier regarding Mediacom and asked if a standing committee could be reinstated. Page 9 of 185 February 5, 2018 Page 2 Mayor Hart explained that the article was incorrect, and Mediacom will soon be providing a statement to the Courier. He further explained that the standing committee was prior to the state franchise agreement and that he is looking into whether a committee is still needed with that change. Chris Shimp commented that he had a number of people contact him regarding the article and requested a Work Session to further discuss Mediacom. Sharon Juon explained she would like to also discuss how the city could enhance the services provided. Kelley Felchle, City Clerk, clarified that her contact at Mediacom is Corey Bowman, in Government Relations. Mayor Hart commented that staff will work with Corey to have him present at the Work Session to answer any questions. Margaret Klein thanked the Mayor for him getting her information on resident concerns regarding Waste Management. She stated that it does look bad when kayakers see black sludge coming out of a pipe into the river. She further commented on the need for a resolution that no outside entity may make use of the Waste Water facility without the approval of the Mayor and City Council. John Sherbon, 1715 Robin Road, questioned why employees did not have information on whether or not a vehicle was insured and the repairs paid for. Mayor and Council Monthly Reports Mr. Shimp thanked doctors for helping take care of his daughter when she was sick, he commented on Five Seasons Hair and Beard Studio and Rocket Doughnuts, he questioned if the city could live stream council meetings and share the YouTube videos on the city Facebook page. Mrs. Klein explained that she had the opportunity to tour the Central Middle School Career Center and commented that she was incredibly impressed with the facility. Mr. Morrissey shared resident concerns brought forth during his 49th consecutive ward 3 meeting. Attendees included the Edison Neighborhood Association who, among other things, requested an update on the Edison School lot, and also concerns with the hazardous material under the old Waterloo Industries lot and Ansborough and Maynard. Mr. Jacobs commented on the need for improved street lighting in the Hummingbird Addition. Mayor Hart explained that he is traveling to Washington D.C. to discuss the transportation bill and will be presenting to Iowa Representatives on upcoming projects. He explained that Iowa Homeland Security is on site this week to take a look at flood sights from 2016. 146493 - Juon/Schmitt that the above oral comments and the monthly reports be received and placed on file. Voice vote- Ayes: Seven. Motion carried. CONSENT AGENDA 146494 - Juon/Schmitt Mr. Schmitt requested item 1.B.2.g. be removed from the consent agenda and considered separately. 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 February 5, 2018, in the amount of $3,189,076.03, a copy of which is on file in the City Clerk’s office, together with recommendation of approval of the Finance Committee. Page 10 of 185 February 5, 2018 Page 3 Resolution adopted and upon approval by Mayor assigned No. 2018-50. 2. Resolution approving the request of Travis Heimbuch for tax exemptions on the construction of a new single family home valued at $470,000 for property located at 4887 Shelley Ct. and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2018-51. 3. Resolution approving the request of Doa Hoang and Canh Nguyen for tax exemptions on the construction of a new single family home valued at $315,000 for property located at 1115 Partridge Lane and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2018-52. 4. Resolution approving the request of Matthew and Alexis Henning for tax exemptions on the construction of a new single family home valued at $335,000 for property located at 1140 Partridge Lane and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2018-53. 5. Resolution approving the request of Skogman Homes for tax exemptions on the construction of a new single family home valued at $372,353 for property located at 1407 Falcon Ridge and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2018-54. 6. Resolution approving the request of Marla Myers for tax exemptions on the construction of a new single family home valued at $333,910 for property located at 4440 Charm Drive and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2018-55. 7. Resolution approving the request of Ann Knudtson for tax exemptions on the construction of a new single family home valued at $451,801 for property located at 5012 South Fork Lane and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2018-56. 8. Resolution approving the request of Gary Vandello for tax exemptions on the construction of a new single family home valued at $400,000 for property located at 3827 Trent Lane and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2018-57. 9. Resolution approving the request of Debra Slater for tax exemptions on the construction of a new sun porch valued at $7,020 for a property located at 4002 Homer Street and located within the Consolidated Urban Revitalization Area (CURA). Resolution adopted and upon approval by Mayor assigned No. 2018-58. 10. Resolution approving the request of Tyrus Meester for tax exemptions on the construction of a new home valued at $245,000 for property located at 205 Ogden Street and located within the Consolidated Urban Revitalization Area (CURA). Resolution adopted and upon approval by Mayor assigned No. 2018-59. 11. Resolution approving the request of Thelma Hill for tax exemptions on the construction of home improvements valued at $37,775 for a property located at 536 Adams Street and located within the Consolidated Urban Revitalization Area (CURA). Resolution adopted and upon approval by Mayor assigned No. 2018-60. Page 11 of 185 February 5, 2018 Page 4 12. Resolution approving the request of Richard Korneisel for tax exemptions on the construction of home improvements valued at $30,002 for a property located at 411 W Dale Street and located within the Consolidated Urban Revitalization Area (CURA). Resolution adopted and upon approval by Mayor assigned No. 2018-61. 13. Resolution approving the request of Richard Korneisel for tax exemptions on the construction of home improvements valued at $9,267 for a property located at 917 W 11th Street and located within the Consolidated Urban Revitalization Area (CURA). Resolution adopted and upon approval by Mayor assigned No. 2018-62. 14. Resolution approving the request of Laura and Richard Wright for tax exemptions on the construction of a new home valued at $155,000 for property located at 1220 Ann Street and located within the Consolidated Urban Revitalization Area (CURA). Resolution adopted and upon approval by Mayor assigned No. 2018-63. 15. Resolution approving preliminary plans, specifications, form of contract etc., setting date of bid opening as March 8, 2018 and date of public hearing as March 12, 2018 for the FY 2019 Complaint Mowing with Complaint Snow Removal contract, and instruct City Clerk to publish said notice Resolution adopted and upon approval by Mayor assigned No. 2018-64. 16. Resolution approving request from Irving Elementary School to hold a 5K Race on April 21, 2018 from 9:30 a.m. to Noon, commencing and concluding in the area of Irving Elementary School, located at W. 5th Street and Locust Street, with the route primarily on the residential streets near the school. Resolution adopted and upon approval by Mayor assigned No. 2018-65. b. Motion to approve the following: 1. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed a. Dennis Gentz, Assistant City Engineer Iowa Concrete Paving Association 54th Annual Concrete Paving Workshop Altoona, IA February 7- 9, 2018 $210 b. Abraham Funchess, Jr., Executive Director 2018 National Community Reinvestment Coalition Annual Conference Washington, D.C. April 8-12, 2018 $2,845 c. Elizabeth Andres, Registrar and Chawne Paige, Curator - Waterloo Center for the Arts International Carnivale Celebration, Navy Pier Chicago, IL February 10-11, 2018 $350 d. Julie Dawson, Executive Director; Beverly Cosby, Housing Coordinator; Tajah Wright, Housing Coordinator Iowa NAHRO (National Association of Housing and Rehabilitation Officials) 2018 Annual Conference/Training West Des Moines, IA April 18-20, 2018 $2,355 e. Brock Weliver, Fire Inspector Fire Inspector 1 Certification Coralville, IA February 19 or March 2, 2018 $215 Page 12 of 185 February 5, 2018 Page 5 2. Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday a. The Broken Record, 315 W. 4th Street C Liquor w/Outdoor Service Renewal 01/20/2019 x b. Cedar Valley Fish Market, 218 Division Street B Beer Renewal 01/25/2019 c. Grout Museum, 503 South Street Special C Liquor w/Outdoor Service Renewal 12/14/2018 x d. Jason's Place, 213 E. 5th Street C Liquor New 02/08/2019 x e. Singlespeed Brewing Company, 325 Commercial Street Brew Pub / C Liquor w/Outdoor Service Renewal 12/31/2018 x f. The Supervisor's Club, 3265 Dewitt Road C Liquor w/Outdoor Service Renewal 11/09/2018 x g. Trucker Bar, 1915 Bourland Avenue C Liquor Renewal 12/12/2018 x h. Veterans of Foreign Wars Club Post 1623, 1406 Commercial Street A Liquor w/Outdoor Service Renewal 01/14/2019 x i. XO Food & Liquor, 428 Franklin Street B Wine / C Beer Renewal 12/14/2018 x j. XO Food & Liquor, 428 Franklin Street E Liquor Renewal 12/14/2018 x 3. Mayor Hart’s recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re-Appointment Edward Ottesen Design Review Board 01/26/2021 Re-Appointment Richard Jaacks Design Review Board 02/02/2021 Re-Appointment Casey Gardner General Contractors Board of Licensing, Examiners & Appeals 02/16/2021 Re-Appointment 4. Recommendation of appointment of Jonathan Oehlerich, from the Civil Service list, to the position of Garage Mechanic, at the Public Works Central Garage, effective February 7, 2018. 5. Recommendation of appointment of Julianna Henrich to the position of Administrative Secretary in the Waste Management Department, effective February 12, 2018. 6. Recommendation of appointment of Ruth Muller to the position of Property Evidence Coordinator in the Police Department, effective February 6, 2018. 7. Cigarette/Tobacco/Nicotine/Vapor Permit New Application for Love's Travel Stop #702, 3301 Greyhound Drive, Suite A. Mr. Jacobs noted he will abstain on 1.B.2.i & 1.B.2.j. Mrs. Klein expressed concern for adding a full time position when the city is facing budget cuts. Sandie Greco, Interim Public Works Director, explained that the position is essential. Mayor Hart commented that the duties of departments will be included in the budget presentation. Mrs. Klein explained that this appointment is an expansion in the department. Page 13 of 185 February 5, 2018 Page 6 Sandie Greco explained that the position is not an expansion and it was included in the previous budget. Mrs. Juon noted that the positon has already been approved by the Human Resources Committee. Lance Dunn, Human Resources Director, explained that the positions are approved when the budget is set and at this point in time it is about approving the individual, not the position. Mrs. Klein commented she opposes having to vote on something a prior council approved and feels it is better to delay the hiring until the new budget is set. Mayor Hart explained that the position was approved prior to her becoming a council person and that it is her right to vote as she chooses on the appointment. Mr. Amos explained why the position was needed in the budget. Mr. Jacobs commented that it would be beneficial to delay hiring until after the budget is set. Mr. Morrissey commented that the position is being paid for with the current budget and this is simply the last step of the process. He explained that lengthy discussions took place involving both the fire department and public safety on their need to keep their equipment and vehicles maintained. Mrs. Klein commented that the money that the city had last year may not be here this year and that she is asking for time to see how the budget unfolds. Mayor Hart commented that the city has services it needs to provide and that any positions that come before council have been scrutinized. Mrs. Klein commented that the candidate on item 5 was on her own interview panel. Steve Hoambrecker explained the process for hiring the individual who had been serving the department as a temporary employee since the retirement of his secretary. He noted that she had nothing to do with her own panel. Mrs. Klein described where she saw Ms. Henrich’s name. Kelley Felchle explained that the document Mrs. Klein was referencing is actually the council communication. She further explained the process of building the agenda, which includes department secretaries submitting items into Novus for the department head’s approval. Mr. Shimp requested the definition of temporary status. Steve Hoambrecker clarified the individual has been serving through a temporary agency with no benefits and he is recommending she be appointed to the budgeted full time position with benefits. Mayor Hart commented that council can vote how they deem, and that item 1.B.2.g. will be considered separately. Roll call vote-Ayes: Seven on all except Item 1.B.4. (Jacobs, Shimp, Klein, Schmitt) Abstain: One (Jacobs on items 1.B.2.i and 1.B.2.j). Motion carried on all items except 1.B.4, which failed. LIQUOR LICENSE 146495 - Schmitt/Amos to approve Class C liquor license renewal application from Trucker Bar, 1915 Bourland Avenue. Voice vote-Ayes: Seven. Motion carried. Dave Zellhoefer, City Attorney, explained he recently learned that an abatement plan had been submitted to the city and therefore believes the city would not be successful at a hearing with the alcohol board. Page 14 of 185 February 5, 2018 Page 7 Mr. Jacobs commented that this process had been followed back in 2014 with this particular bar and questioned if this scenario could end up repeating itself. Dave Zellhoefer explained that some of the noise complaints are actually a result of the neighboring trucking company and have nothing to do with the alcohol license. He noted that any bar related complaints will be monitored and dealt with if they continue. Mayor Hart requested the council be informed of service calls at the establishment on a quarterly basis. Mr. Schmitt questioned if these owners are the same that owned it in 2014 and at what point in time the city can close them down without the state intervening. Joe Leibold, Police Department, explained that if the bar fails to comply with the abatement plan, the city can take action. Mayor Hart recognized the new board and staff appointments. PUBLIC HEARINGS 146496 - Schmitt/Amos that proof of publication of notice of public hearing on 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, as published in the Waterloo Courier on January 26, 2018, be received and placed on file. Voice vote-Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 146497 - Schmitt/Amos that the hearing be closed and recommendation of approval of the Planning, Programming and Zoning Commission, be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 146498 - Schmitt/Amos that “an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a rezone of certain property, located at 719 West 6th Street”, be received, placed on file, considered and passed for the first time. Roll call vote-Ayes: Seven. Motion carried. Noel Anderson, Community Planning and Development Director, provided an overview of the request. Mr. Schmitt questioned if any other zoning or code issues exist. Noel Anderson explained there are building code issues that will need to be met for the commercial part of the building. Mr. Schmitt questioned if this building still has historical value. Noel Anderson explained if the owner chooses to use any state or federal historic tax credits, they would have to return the building to its original design. Mr. Schmitt questioned if the Historic Preservation Committee has been involved. Noel Anderson commented that the Historic Preservation Committee does not have jurisdiction over the site. Mr. Jacobs questioned if this action would add the property to the tax rolls. Page 15 of 185 February 5, 2018 Page 8 Noel Anderson confirmed. Mrs. Klein questioned if the purpose of the building could be changed. Noel Anderson explained that the conditional zoning being requested is use specific and any changes would have to go back to the Planning Commission and to council for a final decision. Mr. Morrissey questioned if the concerns of the Technical Review Committee have been alleviated and if a certified architectural plan needs to be submitted for the renovation and building code review. Noel Anderson commented that the developer has been working with the building official to explore options for sprinkling the building and other code issues. Mr. Morrissey questioned if it is in the best interest of the city to rezone the property. Noel Anderson explained the benefit of the rezone for the property. Mayor Hart questioned the time frame for the project. Noel Anderson explained the approval would allow them to move forward, but does not believe it needs to happen in one night. 146499 - Schmitt/Amos that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote-Ayes: Three. Nays: Four (Jacobs, Shimp, Klein, Schmitt). Motion failed. 146500 - Morrissey/Amos that proof of publication of notice of public hearing on Phelps Youth Pavilion Playscape Project, as published in the Waterloo Courier on January 19, 2018, be received and placed on file. Voice vote- Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 146501 - Morrissey/Amos that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 146502 - Morrissey/Amos that “Resolution confirming approval of plans, specifications, bid documents, form of contract, estimate of cost, etc.”, be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-66. 146503 - Morrissey/Amos that “Resolution authorizing to proceed”, be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-67. 146504 - Morrissey/Amos Motion to receive and file and instruct City Clerk to read bids. Bidder Bid Security Bid Amount Atomic Themeworks Mfg, Inc. Surrey, BC CANADA Ck #542825 5% $74,995.00 Page 16 of 185 February 5, 2018 Page 9 KidsSteam Dallas, TX 5% $75,000.00 Soft Play Huntersville, NC 5% $74,999.00 Voice vote-Ayes: Seven. Motion carried. 146505 - Morrissey/Amos that “Resolution approving award of bid to Soft Play of Huntersville, North Carolina, in the amount of $74,999, in conjunction with the Phelps Youth Pavilion Playscape Project, 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. 2018-68. 146506 - Shimp/Morrissey that proof of publication of notice of public hearing on Purchase of one (1) 4 Wheel Drive Compact Pickup With Crew Cab, as published in the Waterloo Courier on January 26, 2018, be received and placed on file. Voice vote-Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 146507 - Shimp/Morrissey that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 146508 - Shimp/Morrissey that “Resolution confirming approval of specifications, bid document, form of contract, etc.”, be adopted. Roll-call vote-Ayes: Six. Nays: One (Klein). Motion carried. Mr. Shimp requested an overview of the purchase. Sandie Greco explained that the vehicle was a 2009 Ford Ranger that was in an accident that totaled the vehicle and it was sold in silent auction. Since then they have been driving an older vehicle. Chris Shimp questioned if the city is self-insured on this vehicle. Sandie Greco confirmed. Mrs. Klein questioned if the employee was drug and alcohol tested. Lance Dunn, explained City policy is to have an employee tested following an accident and noted he is unaware of what happened in this particular situation. Sandie Greco explained that Code Enforcement was under Waste Management at that time. Mrs. Klein questioned the circumstances of the accident. Dave Zellhoefer explained the employee reported hitting an ice patch while driving on Highway 218 and hit a guard rail. Mayor Hart requested that Dave find out if the employee was tested and get that information back to Mrs. Klein. Resolution adopted and upon approval by Mayor assigned No. 2018-69. 146509 - Shimp/Morrissey Page 17 of 185 February 5, 2018 Page 10 that “Resolution authorizing to proceed”, be adopted. Roll-call vote-Ayes: Six. Nays: One (Klein). Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-70. 146510 - Shimp/Morrissey Motion to receive and file and instruct City Clerk to read bids. Bidder Bid Amount Community Motors Co., Inc. Cedar Falls, IA $27,349.20 Jerry Roling Motors Waverly, IA $27,222.59 Rydell Chevrolet Waterloo, IA $27,289.80 Witham Auto Centers Waterloo, IA $27,713.00 Pat McGrath Chevyland Cedar Rapids, IA $26,517.00 Karl Chevrolet Ankeny, IA $26,322.30 Voice vote-Ayes: Seven. Motion carried. 146511 - Shimp/Morrissey that “Resolution to award bid to Karl Chevrolet of Ankeny, Iowa in the amount of $26,322.30”, be adopted. Roll-call vote-Ayes: Six. Nays: One (Klein). Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-71. RESOLUTIONS 146512 - Amos/Klein that “Resolution approving a Professional Services Agreement with Pro West & Associates in the amount of $12,688.69 for completion of the road centerline addressing layer for the City's GIS (Geographic Information System) and authorize the Mayor to execute said document”, be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-72. 146513 - Amos/Klein that “Resolution approving an acquisition contract with Jan Antonie Van Tonder and Heleen Van Tonder to receive a donated 9,380 square foot property, located southeast of 1128 Washington Street (Highway 218), near the southwest corner of Washington Street and West 11th Street, and authorize the Mayor and City Clerk to execute said document”, be adopted. Roll call vote-Ayes: Six. Nays: One (Shimp). Motion carried. Mr. Shimp questioned if development is planned for the parcel. Noel Anderson explained that a specific project is not planned at this point in time but development is progressing in the area and the city owns property in neighborhood and the mowing costs would be minimal due to the city owning adjoining properties. Mr. Shimp commented that at this time the city would be moving this property from a revenue generator to costing the city funds. Noel Anderson confirmed and noted that yearly taxes are $276. He commented that accepting the donation, would allow the city to avoid paying a higher price later when there is a project. Page 18 of 185 February 5, 2018 Page 11 Resolution adopted and upon approval by Mayor assigned No. 2018-73. 146514 - Amos/Klein that “Resolution approving Convention and Visitors Bureau Board recommendation for funding a hotel/motel Mini-Grant application for the First Robotics Competition Iowa Regional, in the amount of $2,438.40”, be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-74. ORDINANCES 146515 - Shimp/Amos that “an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a rezone of certain property, located at and adjacent to 200 Nevada Street”, be received, placed on file, considered and passed for the first time. Roll call vote-Ayes: Seven. Motion carried. 146516 - Shimp/Amos that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote-Ayes: Three. Nays: Four (Jacobs, Shimp, Klein, Schmitt). Motion failed. 146517 - Amos/Morrissey that “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”, be received, placed on file, considered and passed for the second time. Roll call vote- Ayes: Seven. Motion carried. 146518 - Amos/Morrissey that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote-Ayes: Seven. Motion carried. 146519 - Amos/Morrissey that “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”, be considered and passed for the second and third times and adopted. Roll call vote-Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5435. 146520 - Morrissey/Shimp that “an Ordinance amending the 2008 Traffic Code, Section 540 - Obedience to Official Traffic- Control Devices, by deleting subsections (88) First Street (E) and Mulberry Street - Pre-timed and (90) First Street (E) and Sycamore Street - Pre-Timed”, as signals have been removed, be received, placed on file, considered and passed for the first time. Roll call vote-Ayes: Seven. Motion carried. Mr. Schmitt requested an overview. Sandie Greco explained that the DOT did a traffic study and they have elected not to replace the traffic signals. Mr. Morrissey questioned if the item was not approved, would the DOT still not replace the signals. Sandie Greco confirmed the lights would not be replaced. Page 19 of 185 February 5, 2018 Page 12 Mr. Schmitt questioned if the city has any alternatives. Sandie Greco explained that the city does not have alternatives since the road is owned by the DOT. Mr. Morrissey commented that it is his understanding that the DOT does not believe that safety is an issue at these intersections and that they also wanted to remove the signals from Lafayette Street but Mohammed Elahi was able to convince them otherwise. Sandie Greco explained that the DOT’s decision is based on their traffic study alone. 146521 - Morrissey/Shimp that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote-Ayes: Five. Nays: Two (Jacobs and Schmitt). Motion failed. 146522 - Klein/Amos that “an Ordinance amending the 2008 Traffic Code, Section 543 - Thru Streets by deleting Subsection (57) First Street (E) and adding in lieu thereof a new Subsection (57) First Street (E)”, be received, placed on file, considered and passed for the first time. Roll call vote-Ayes: Seven. Motion carried. 146523 - Klein/Amos that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote-Ayes: Four. Nays: Three (Jacobs, Morrissey, and Schmitt). Motion failed. 146524 - Shimp/Amos that “an Ordinance amending the 2008 Traffic Code Section 543 - Thru Streets, by deleting Subsection (177) Walnut Street, and adding in lieu thereof a new Subsection (177), Walnut Street as follows: (144) Walnut Street – Clay Street to South Barclay Street except for traffic signals at East Park Avenue East Fourth Street, Martin Luther King Jr. Drive northbound, Martin Luther King Jr. Drive southbound, except 4-way stop at east Third Street”, be received, placed on file, considered and passed for the first time. Roll call vote-Ayes: Seven. Motion carried. Mr. Schmitt requested an overview. Sandie Greco provided an overview of the item and explained that Mohammad Elahi did an extensive study of the area. 146525 - Shimp/Amos that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote-Ayes: Seven. Motion carried. 146526 - Shimp/Morrissey that “an Ordinance amending the 2008 Traffic Code Section 543 - Thru Streets, by deleting Subsection (177) Walnut Street as follows: (144) Walnut Street – Clay Street to South Barclay Street except for traffic signals at East Park Avenue East Fourth Street, Martin Luther King Jr. Drive northbound, Martin Luther King Jr. Drive southbound, except 4-way stop at east Third Street, and adding in lieu thereof a new Subsection (177), Walnut Street”, be considered and passed for the second and third times and adopted. Roll call vote-Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5436. 146527 - Morrissey/Shimp that “an Ordinance amending the 2008 Traffic Code, Section 544 - All Way Stop Intersections, by adding Subsection (37) Walnut Street as follows: (37) Walnut Street from Clay Street to E. 3rd Page 20 of 185 February 5, 2018 Page 13 Street”, be received, placed on file, considered and passed for the first time. Roll call vote-Ayes: Seven. Motion carried. 146528 - Morrissey/Amos that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote-Ayes: Seven. Motion carried. 146529 - Morrissey/Amos that “an Ordinance amending the 2008 Traffic Code, Section 544 - All Way Stop Intersections, by adding Subsection (37) Walnut Street as follows: (37) Walnut Street from Clay Street to E. 3rd Street”, be considered and passed for the second and third times and adopted. Roll call vote-Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5437. OTHER COUNCIL BUSINESS 146530 - Amos/Morrissey that motion approving Change Order No. 1 for a net increase of $3,000, to Lehman Trucking & Excavating, Inc., in relation to demolition services at 216-220 Commercial Street, be received, placed on file and approved. Voice vote-Ayes: Seven. Motion carried. Noel Anderson provided an overview of the item. Mr. Shimp commented that this work was very necessary especially for individuals who utilize the SportsPlex and Young Arena. E X E C U T I V E S E S S I O N 146531 - Morrissey/Juon that the council adjourn Executive Session at 7:08 p.m., to discuss litigation strategy with counsel, pursuant to Iowa Code §21.5(1)(c). Voice vote-Ayes: Seven. Motion carried. ADJOURNMENT 146532 - Juon/Morrissey that the Council adjourn at 8:10 p.m. Voice vote-Ayes: Seven. Motion carried. _____________________________ Kelley Felchle City Clerk Page 21 of 185 CI TY OF WATER LOO Council Communication S wearing in of three (3) Waterloo F ire R es cue F ire R ecruits - Benjamin Lowe, Bradley Abraham and Elliott Moeller. City Council Meeting: 2/12/2018 Prepared: 2/6/2018 R EV I EWER S : Department R eviewer Action Date F ire R escue Treloar, P at Approved 2/6/2018 - 3:32 P M C lerk O ffice F elchle, Kelley Approved 2/7/2018 - 1:40 P M S UB J E C T:S wearing in of three (3) Waterloo F ire R esc ue F ire R ec ruits - Benjamin Lowe, Bradley Abraham and Elliott Moeller. S ubmitted by:S ubmitted By: P at Treloar, F ire C hief S ummary S tatement:Elliott Moeller, Benjamin Lowe, and Bradley Abraham will be s worn in by Mayor Hart Page 22 of 185 CI TY OF WATER LOO Council Communication R es olution approving O rder acc epting Ac knowledgment/S ettlement Agreement and c hec k for $300.00 from C entral Iowa Vapors , 2829 University Avenue, Waterloo, Iowa for s ale of tobac co to minor violation City Council Meeting: 2/12/2018 Prepared: 2/2/2018 R EV I EWER S : Department R eviewer Action Date Legal F elchle, Kelley Approved 2/7/2018 - 3:12 P M ATTA C H M EN TS: D escription Type S UB J E C T: R esolution approving O rder ac cepting Acknowledgment/S ettlement Agreement and c hec k for $300.00 from C entral Iowa Vapors , 2829 University Avenue, Waterloo, Iowa for s ale of tobac co to minor violation. S ubmitted by:S ubmitted By: David R . Zellhoefer, C ity Attorney R ec ommended Ac tion:Approve O rder ac cepting Acknowledgment/S ettlement Agreement and payment of $300.00 penalty for sale of tobacc o to minor-firs t offense. Page 23 of 185 P a g e 2 4 o f 1 8 5 P a g e 2 5 o f 1 8 5 P a g e 2 6 o f 1 8 5 P a g e 2 7 o f 1 8 5 P a g e 2 8 o f 1 8 5 P a g e 2 9 o f 1 8 5 P a g e 3 0 o f 1 8 5 P a g e 3 1 o f 1 8 5 P a g e 3 2 o f 1 8 5 P a g e 3 3 o f 1 8 5 CI TY OF WATER LOO Council Communication R es olution approving preliminary plans , s pecific ations , form of contrac t etc ., and setting date of bid opening as March 1, 2018, and date of public hearing as March 5, 2018, for the 2018 S pring S tump R emoval P rojec t, and instruc t C ity C lerk to publis h s aid notic e. City Council Meeting: 2/12/2018 Prepared: 2/5/2018 R EV I EWER S : Department R eviewer Action Date Leisure Services Huting, P aul Approved 2/5/2018 - 3:24 P M C lerk O ffice Higby, N ancy Approved 2/6/2018 - 10:52 AM ATTA C H M EN TS: D escription Type 2018 S pring S tump Removal Contract D ocuments.B ackup Material S UB J E C T: R esolution approving preliminary plans, spec ifications, form of c ontract etc., and setting date of bid opening as March 1, 2018, and date of public hearing as Marc h 5, 2018, for the 2018 S pring S tump R emoval P roject, and instruc t C ity C lerk to publish said notice. S ubmitted by:S ubmitted By: Todd Derifield, C ity F orester R ec ommended Ac tion: Approve plans , s pecific ations , and bid doc uments. S et the date of bid opening as T hursday, March 1, 2018, and public hearing and bid reading Monday, March 5, 2018 S ummary S tatement:C ity of Waterloo has acc umulated 687 s tumps to be removed by contrac tor. Expenditure R equired:T BD S ource of F unds:F orestry C apital Improvement F unds P olic y Issue: T his project is improving s treet right-of-ways and parks . T herefore it supports C ity of Waterloo S trategic P lan, S trategy 4.5 - Maintain community services that s upport quality of place. Alternative:N/A Background Information: C ity of Waterloo has acc umulated 687 s tumps over the winter months as a result of the emerald ash borer infestation in Waterloo. C ity forestry crews need to c ontinue ash tree removals as well as routine tree trimming and will not be able to remove thes e 687 stumps in an appropriate time frame. Legal Desc riptions :N/A Page 34 of 185 P a g e 3 5 o f 1 8 5 P a g e 3 6 o f 1 8 5 P a g e 3 7 o f 1 8 5 P a g e 3 8 o f 1 8 5 P a g e 3 9 o f 1 8 5 P a g e 4 0 o f 1 8 5 P a g e 4 1 o f 1 8 5 P a g e 4 2 o f 1 8 5 P a g e 4 3 o f 1 8 5 P a g e 4 4 o f 1 8 5 P a g e 4 5 o f 1 8 5 P a g e 4 6 o f 1 8 5 P a g e 4 7 o f 1 8 5 P a g e 4 8 o f 1 8 5 P a g e 4 9 o f 1 8 5 P a g e 5 0 o f 1 8 5 P a g e 5 1 o f 1 8 5 P a g e 5 2 o f 1 8 5 P a g e 5 3 o f 1 8 5 P a g e 5 4 o f 1 8 5 P a g e 5 5 o f 1 8 5 P a g e 5 6 o f 1 8 5 P a g e 5 7 o f 1 8 5 P a g e 5 8 o f 1 8 5 P a g e 5 9 o f 1 8 5 P a g e 6 0 o f 1 8 5 P a g e 6 1 o f 1 8 5 P a g e 6 2 o f 1 8 5 P a g e 6 3 o f 1 8 5 P a g e 6 4 o f 1 8 5 P a g e 6 5 o f 1 8 5 P a g e 6 6 o f 1 8 5 P a g e 6 7 o f 1 8 5 P a g e 6 8 o f 1 8 5 P a g e 6 9 o f 1 8 5 P a g e 7 0 o f 1 8 5 P a g e 7 1 o f 1 8 5 P a g e 7 2 o f 1 8 5 P a g e 7 3 o f 1 8 5 P a g e 7 4 o f 1 8 5 P a g e 7 5 o f 1 8 5 P a g e 7 6 o f 1 8 5 P a g e 7 7 o f 1 8 5 P a g e 7 8 o f 1 8 5 P a g e 7 9 o f 1 8 5 P a g e 8 0 o f 1 8 5 P a g e 8 1 o f 1 8 5 P a g e 8 2 o f 1 8 5 P a g e 8 3 o f 1 8 5 P a g e 8 4 o f 1 8 5 P a g e 8 5 o f 1 8 5 P a g e 8 6 o f 1 8 5 P a g e 8 7 o f 1 8 5 P a g e 8 8 o f 1 8 5 P a g e 8 9 o f 1 8 5 P a g e 9 0 o f 1 8 5 CI TY OF WATER LOO Council Communication R es olution s etting the date of public hearing as March 8, 2018 to approve the F YE2019 budget and ins truct the C ity C lerk to publis h s aid notic e. City Council Meeting: 2/12/2018 Prepared: 2/7/2018 R EV I EWER S : Department R eviewer Action Date F inance Weidner, Michelle Approved 2/7/2018 - 9:59 AM C lerk O ffice F elchle, Kelley Approved 2/7/2018 - 2:49 P M S UB J E C T:R esolution setting the date of public hearing as Marc h 8, 2018 to approve the F YE2019 budget and instruc t the C ity C lerk to publish said notice. S ubmitted by:S ubmitted By: Mic helle Weidner, C hief F inanc ial O fficer S ummary S tatement: T he annual budget is required to be adopted and certified with Black Hawk C ounty and the S tate of Iowa by Marc h 15, 2018. T he budget estimate must be published in the paper ten to twenty days prior to the budget hearing. P olic y Issue: Approving the publication of the budget estimate establishes the maximum tax levy rate and maximum expenditures by program for the fiscal year ending June 30, 2019. T he levy rate and expenditures by program can be reduced from the published budget estimate, but cannot be increased. Alternative: Ac cording to the S tate Department of Management, if the budget is n’t c ertified by Marc h 15, 2018, the state would set the city’s property taxes at the s ame amount of property tax dollars as were certified for the c urrent year ($39,613,829 plus utility exc is e taxes of $1,487,305). T here would likely be an audit finding regarding noncompliance with s tate law regarding budget deadlines also. Page 91 of 185 CI TY OF WATER LOO Council Communication R es olution approving preliminary plans , s pecific ations , form of contrac t, etc., s etting date of bid opening as Marc h 1, 2018 and s etting a date of public hearing as March 5, 2018, for demolition s ervic es at 807 East 4th S treet and 809-811 East 4th S treet, and ins truct C ity C lerk to publish notic e. City Council Meeting: 2/12/2018 Prepared: 9/6/2016 R EV I EWER S : Department R eviewer Action Date P lanning & Z oning Anderson, Noel Approved 2/7/2018 - 11:48 AM C lerk O ffice F elchle, Kelley Approved 2/7/2018 - 3:25 P M ATTA C H M EN TS: D escription Type L egal Description C over M emo D etailed R eport 807 E ast 4th S treet C over M emo D etailed R eport 809-811 E ast 4th S treet C over M emo S UB J E C T: R esolution approving preliminary plans, spec ifications, form of c ontract, etc., s etting date of bid opening as Marc h 1, 2018 and s etting a date of public hearing as March 5, 2018, for demolition s ervic es at 807 East 4th S treet and 809-811 Eas t 4th S treet, and instruc t C ity C lerk to publis h notice. S ubmitted by:S ubmitted By: Noel Anderson,C ommunity P lanning and Development Direc tor R ec ommended Ac tion:Approval S ummary S tatement: As you are aware the c ity has entered into a development agreement to partner with the Boys and G irls C lub to demolis h the dilapidated struc tures to make way for a new 8,000 square foot Boys and G irls C lub Teen C enter that will start cons truction in 2018. T he property at 809-811 Eas t 4th S treet has been vacant with no utilities s inc e approximately 2006 and the property at 807 East 4th has seen very little viable us es over the years and is being donated to the Boys and G irls C lub to enable more room for the c onstruc tion of the Teen C enter. Expenditure R equired:Unknown S ource of F unds:Nuis anc e P olic y Issue:Nuis anc e abatement and R edevelopment T he property at 809-811 East 4th where acquired through Iowa C ode 657A (ABANDO NED O R UNS AF E BUI LDI NG S — ABAT EMENT BY Page 92 of 185 Background Information: R EHABI LI TAT I O N, §657A.10A). 657A.10A P etition by c ity for title to abandoned property. 1. a. In lieu of the proc edures in s ections 657A.2 through 657A.10, a c ity in whic h an abandoned building is located may petition the court to enter judgment awarding title to the abandoned property to the city……….. Page 93 of 185 Pa g e 9 4 o f 1 8 5 P a g e 9 5 o f 1 8 5 P a g e 9 6 o f 1 8 5 P a g e 9 7 o f 1 8 5 P a g e 9 8 o f 1 8 5 P a g e 9 9 o f 1 8 5 P a g e 1 0 0 o f 1 8 5 P a g e 1 0 1 o f 1 8 5 P a g e 1 0 2 o f 1 8 5 CI TY OF WATER LOO Council Communication R es olution s etting a date of public hearing as F ebruary 26, 2018 to approve P roperty Exc hange Agreement between C ity of Waterloo and the Waterloo C ommunity S chool District for the the s ale and c onveyance of c ity owned property (s outhern 10 acres of Miriam P ark) and ac quisition of the former Edison S c hool s ite, and direct C ity C lerk to publish notic e. City Council Meeting: 2/12/2018 Prepared: 2/7/2018 R EV I EWER S : Department R eviewer Action Date P lanning & Z oning S chroeder, Aric Approved 2/7/2018 - 9:24 AM C lerk O ffice F elchle, Kelley Approved 2/7/2018 - 3:43 P M ATTA C H M EN TS: D escription Type Miriam legal C over M emo P roperty Exchange Agreement C over M emo S UB J E C T: R esolution setting a date of public hearing as F ebruary 26, 2018 to approve P roperty Exc hange Agreement between C ity of Waterloo and the Waterloo C ommunity S chool District for the the s ale and c onveyance of c ity owned property (s outhern 10 acres of Miriam P ark) and ac quisition of the former Edison S c hool s ite, and direc t C ity C lerk to publis h notice. S ubmitted by:S ubmitted By: Noel Anderson, C ommunity P lanning & Development Direc tor R ec ommended Ac tion:S et date of hearing S ummary S tatement: T he C ity of Waterloo has been working with the Waterloo C ommunity S c hool Dis tric t to evaluate and create better land use and efficiencies for various city and s chool sites . T his is another great partners ahip between the two entities to allow the S c hools to have more land for athletic field expansion and for reorganization of the C entral S chool site for the Waterloo C areer C enter expansion; while simultaneously working with the C ity of Waterloo to redevelop a former s chool site for exc ellent infill residential and c ommercial redevelopment. T he P roperty Exchange Agreement will better utilize both sites , creating a better trained workforc e for the c ommunity to bring new bus inesses and jobs here, as well as working to put the former s chool site onto the tax rolls with new homes, and new commerc ial infill. Expenditure R equired:Up to $2,000 in legal work S ource of F unds:Bonds Page 103 of 185 P olic y Issue: S trategy 1.1 to help create job opportunities through workforc e training S trategy 1.3 to ensure development-ready s ites are c reated through redevelopment of land along F alls S trategy 3.1 retruning land to tax rolls for revenue generation, eliminating cost of mowing exc es s land at southern end of Miriam P ark through its new use by S c hools S trategy 3.8 former Edison site is in C UR A to fos ter new investment S trategy 3.10 new infill s ites can work to help reinves tment in larger neighborhood s urrounding s ite Alternative:Not approve Background Information: T he C ity and S c hools have worked in recent years for the redevelopment of many s ites in the c ommunity -- former Irving S chool, former Baltimore F ield, former Willis ton F ield, former Linc oln S chool, former O range S c hool, former S treet Depatment building, -- to better use the sites for taxable development, new hous ing opportunities, savings in c os ts to the taxpayers of the c ommunity. T his is another project that will help both entities and the community as a whole. Legal Desc riptions : P arc el "E" Legal Des cription: T hat part of the East one-half (1/2) of the Northwest one-quarter (1/4) of the Northeast one-quarter (1/4) and that part of the Wes t Ten (10) acres of the Northeas t one-quarter (1/4) of the Northeas t one- quarter (1/4) all in S ec tion 29, Towns hip 89 North, R ange 13 Wes t of the 5th P rinc ipal Meridian, desc ribed as follows: C ommencing at the Northeast C orner of s aid S ec tion 29; thence N89°25'01"W 999.02 feet along the North line of the Northeast one-quarter (1/4) of s aid sec tion to the Eas t line of the West 10 acres; thence S 00°23'42"E 543.39 feet along s aid East line (also the West line of C entral P laza Addition and the e xtension thereof) to the point of beginning; thenc e c ontinuing S 00°23'42'E 788.88 feet along said Eas t line to the S outheas t corner of s aid Wes t 10 ac res ; thenc e N89°26'48" W 327.15 feet along the S outh line of s aid Wes t 10 ac res to the S outhwes t corner of the Northeast Q uarter of the Northeast Q uarter of s aid sec tion; thence N00°23'50"W 300.02 feet along the Wes t line of said Northeas t Q uarter of the Northeast Q uarter (also the East line of Trac t B, C entral Heights Add ition); thenc e N89°27'22"W 362.85 feet along C entral Heights Addition to the Northwes t corner of Lot 24, C entral Heights Addition; thenc e N00°24'58" W 489.29 feet along the Eas t line of C entral Heights Addition; thence S 89°25'01 "E 690.20 parallel with the North line of the Northeast Q uarter of said S ection 29 to the point of beginning, c ontaining 10.00 ac res . Page 104 of 185 Legal Description of S chool P roperty G ALLO WAY ADDI T I O N WAT ER LO O LO T S 21 T HR U 42 AND R O C K I S LAND AVE S O F AND ADJ LO T S 31 AND 32 AND ALLEY I N BET W EEN LO T S 21 T HR U 42 AND F R L BLK DES I G NAT ED AS S C HO O L ADJ AND T HAT P O RT I O N O F HARW O O D AVE BET W EEN MAG NO LI A PAR KWAY AND EVER G R EEN AVE ALS O T HAT P O RT I O N O F EVER G R EEN AVE LYI NG W O F LO T S 21 TO 31 AND LO T S 342 T HR U 348 AND LO T S 409 T HR U LO T S 415 AND PART VAC ALLEY C O M AT T HE S ELY C O R LO T 348 T H W LY TO S W LY C O R LO T 343 T H S W LY 8 F T TO C ENT ER LI NE O F ALLEY T H ELY 40 F T T H S W LY 8 F T TO NW LY C O R LO T 413 T H ELY TO NELY C O R LO T 409 T H NLY TO P L O F BEG AND F I R S T ADDI T I O N TO G ALLO WAY LO T S 171 T HR U LO T S 181. Page 105 of 185 P a g e 1 0 6 o f 1 8 5 P a g e 1 0 7 o f 1 8 5 PROPERTY EXCHANGE AGREEMENT This Property Exchange Agreement (the “Agreement”) is made and entered into as of ___________________, by and between Waterloo Community School District (the “District”) and the City of Waterloo, Iowa, (the “City”). RECITALS A. City is the owner of certain real property known as Miriam’s Park, consisting of assessor parcel no. 8913-29-226-001 and 8913-29-207-026 (the “Park”). The parties desire that a 10-acre portion of the Park be conveyed to District, as set forth on Exhibit “A” attached hereto (the “Park Property”). B. District is the owner of certain real property consisting of assessor parcel no. 8913-22-312-002 and known as the site of the former Edison School. Said property is legally described on Exhibit “B” attached hereto (the “School Property”). The parties desire that the School Property be conveyed to City. C. Each party desires to exchange its respective property with other parties hereto on the terms set forth in this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises exchanged herein between the parties and for other consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Property Exchange. Subject to the conditions set forth in this Agreement, on a date to be mutually determined by the parties hereafter (the “Closing Date”), City will convey the Park Property to District and District will convey the School Property to City. The parties judge the Park Property and the School Property to be of generally equivalent value. The property exchange shall be made in consideration of the benefits expected to accrue to the welfare of the community by each party being able to make more productive use of the property that it receives as compared to the uses now being made of those properties. No cash consideration will be paid by either party in connection with the exchange transaction. 2. Conditions to Conveyance. On the Closing Date, City shall deliver to District a properly executed special warranty deed for the Park Property, and District will deliver to City a properly executed special warranty deed for the School Property. Each property will be free and clear of all liens, claims, and encumbrances except: (a) easements, conditions, and restrictions of record; (b) general utility and right-of-way easements serving the property; and (c) restrictions imposed by local zoning ordinances and other applicable law. Each party will deliver to the other party an abstract of title for its respective property, updated to within thirty (30) days of the Closing Date. The abstract shall show marketable title in the owner in conformity with this Agreement, Iowa law, and title standards of the Iowa State Bar Association. Each grantor shall make every reasonable effort to promptly perfect title. The abstract shall become the property of Page 108 of 185 2 the grantee at the closing. Each party shall pay the costs of any additional abstracting and title work due to any act or omission by it or its predecessors in title. 3. Condition of Properties. Except as set forth in this Agreement, each party shall convey its respective property to the other in “AS-IS” condition. Each conveying party shall provide to the grantee at closing a properly executed groundwater hazard statement. Within 30 days after the date of this Agreement, any party may obtain, at its sole cost and expense, a report from a qualified engineer or other person qualified to analyze the existence or nature of any hazardous materials, substances, conditions or wastes located on the property to be conveyed to it by another party. The owner shall cooperate in providing reasonable access to the other party’s inspectors and engineers. Each party agrees that any other party receiving conveyance of real property under this Agreement is not assuming responsibility or liability for the cleanup of any environmental conditions existing on the conveying party’s property before the respective closing date. If before conveyance any substances defined as “hazardous” under applicable environmental laws are spilled, discharged or released on a property subject to this Agreement, the property owner shall promptly notify the intended grantee of such spill, discharge or release event and at its own cost and expense shall take all actions necessary to contain, remediate or otherwise clean up the substance(s) spilled, discharged or released as required by applicable law, rule or regulation. 4. Representations and Warranties of District. District hereby makes the following representations and warranties with respect to the School Property. Said representations and warranties are true and correct in all material respects on the date of the Agreement and shall be true and correct in all material respects as of the Closing Date. A. There are no claims, disputes, actions, or proceedings existing against or affecting the School Property that relate to environmental laws or permits, and there are no hazardous substances on the School Property. District is not subject to and is not currently operating under any compliance or consent order, schedule, decree, or agreement issued or entered into under any environmental law. B. District has provided to City a copy of all environmental reports, surveys or studies in its possession in respect of the School Property. C. Following approval of this Agreement by the District board, District shall have the right, power and authority to enter into this Agreement and to perform the terms of this Agreement, and each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of District. D. Following approval of this Agreement by the District board, the execution, delivery and performance of this Agreement and the closing will not conflict with any provision of law applicable to District nor result in any breach of any provision of or constitute a default under any agreement or instrument to which District is a party and which would affect the marketable title or City’s use of the School Property. Page 109 of 185 3 E. District is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. 5. Representations and Warranties of City. City hereby makes the following representations and warranties with respect to the Park Property. Said representations and warranties are true and correct in all material respects on the date of the Agreement and shall be true and correct in all material respects as of the Closing Date. A. There are no claims, disputes, actions, or proceedings existing against or affecting the Park Property that relate to environmental laws or permits, and there are no hazardous substances on the Park Property. City is not subject to and is not currently operating under any compliance or consent order, schedule, decree, or agreement issued or entered into under any environmental law. B. City has provided to District a copy of all environmental reports, surveys or studies in its possession in respect of the Park Property. C. Following approval of this Agreement by the City Council, City shall have the right, power and authority to enter into this Agreement and to perform the terms of this Agreement, and each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. D. Following the recommendation of approval of this Agreement by the Waterloo Leisure Services Commission and the subsequent approval of this Agreement by the City Council, the execution, delivery and performance of this Agreement and the closing will not conflict with any provision of law applicable to City nor result in any breach of any provision of or constitute a default under the agreement or instrument to which City is a party and which would affect the marketable title or District’s use of the Park Property. E. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. 6. Real Estate Taxes and Assessments. There are no property taxes or special assessments payable in respect of the Park Property or the School Property. Each party is an entity exempt from taxation of real property under Iowa law. 7. Transfer Tax. No real estate transfer tax will be payable in connection with any of the property transfers contemplated by this Agreement, pursuant to Iowa Code § 428A.2(6), (21). 8. Risk of Loss and Insurance. Each party will bear the risk of loss or damage to its own property before the closing at which such property will be transferred to another party under this Agreement. Each party shall insure its respective property in the manner and to the extent it deems fit. Page 110 of 185 4 9. Indemnity. To the extent permitted by applicable law, each party hereby agrees to indemnify and hold harmless any other part from and against and any all claims, demands, causes of action, liabilities, losses, damages, costs and expenses, including but not limited to reasonable attorney’s fees, arising from or in connection with the indemnifying party’s breach of any representation or warranty made by it in Section 4 or 5, as applicable. 10. Survival of Terms. In order to accomplish the objectives intended by the parties pursuant to this Agreement, the representations, warranties, promises, covenants, and terms hereof shall not merge into the deeds to be delivered at each Closing, but shall survive each Closing. 11. Default. If any party shall default in any of its respective obligations under this Agreement, then the non-defaulting party may delivery written notice to the defaulting party that specifies the nature of the default. If the defaulting party does not cure the default within thirty (30) days, or within such other period to which the parties may mutually agree, then the non- defaulting party shall be entitled to exercise any right or remedy available under this Agreement or applicable law, including but not limited to specific performance, and the prevailing party shall also be entitled to obtain judgment for its costs and reasonable attorneys’ fees. 12. Specific Performance. In the event either party defaults in performance of its obligations hereunder, the remedy of specific performance, in addition to any other remedies allowed by applicable law, shall be available to each party. The reasonable attorneys’ fees and costs incurred by the prevailing party shall be borne by the other party. 13. Cooperation. Each party agrees to cooperate in good faith with the other party in connection with the performance of the other party’s obligations hereunder or matters otherwise contemplated hereby. 14. Costs and Expenses. Unless specifically provided to the contrary in this Agreement, each party shall bear all cost and expense of any type or nature whatsoever resulting from or arising in connection with any action that is necessary or expedient for such party to perform its duties as provided in this Agreement, and neither party shall have any claim or right of reimbursement or setoff against the other for any such cost or expense. 15. Relationship of Parties. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the parties nor to create any liability for one party with respect to the liabilities or obligations of another party or any other person. 16. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by its duly authorized representative, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. Page 111 of 185 5 17. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 18. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 19. Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and assigns. 20. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 21. Entire Agreement. This Agreement, together with the exhibits hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. IN WITNESS WHEREOF, the parties have executed this Property Exchange Agreement by their duly authorized representatives as of the date first written above. WATERLOO COMMUNITY CITY OF WATERLOO, IOWA SCHOOL DISTRICT By: ____________________________ By: _____________________________ Shanlee McNally, Board President Quentin M. Hart, Mayor Attest: ___________________________ Kelley Felchle, City Clerk Page 112 of 185 EXHIBIT “A” Legal Description of Park Property [insert description from survey] Page 113 of 185 EXHIBIT “B” Legal Description of School Property GALLOWAY ADDITION WATERLOO LOTS 21 THRU 42 AND ROCK ISLAND AVE S OF AND ADJ LOTS 31 AND 32 AND ALLEY IN BETWEEN LOTS 21 THRU 42 AND FRL BLK DESIGNATED AS SCHOOL ADJ AND THAT PORTION OF HARWOOD AVE BETWEEN MAGNOLIA PARKWAY AND EVERGREEN AVE ALSO THAT PORTION OF EVERGREEN AVE LYING W OF LOTS 21 TO 31 AND LOTS 342 THRU 348 AND LOTS 409 THRU LOTS 415 AND PART VAC ALLEY COM AT THE SELY COR LOT 348 TH WLY TO SWLY COR LOT 343 TH SWLY 8 FT TO CENTERLINE OF ALLEY TH ELY 40 FT TH SWLY 8 FT TO NWLY COR LOT 413 TH ELY TO NELY COR LOT 409 TH NLY TO PL OF BEG AND FIRST ADDITION TO GALLOWAY LOTS 171 THRU LOTS 181. Page 114 of 185 CI TY OF WATER LOO Council Communication R es olution s etting date of hearing for F ebruary 26, 2018 for the approval of the Exchange Agreement and As s ignment of R eal Estate C ontract with L & H F arms , Ltd. for the ac quisition of property in Blac k Hawk C ounty for exc hange of property in the S an Marnan T I F Dis tric t in the amount of $364,117 for 9.54 acres, and up to $10,000 in closing costs ,and direc t C ity C lerk to publis h s aid notic e. City Council Meeting: 2/12/2018 Prepared: 2/7/2018 R EV I EWER S : Department R eviewer Action Date P lanning & Z oning Anderson, Noel Approved 2/7/2018 - 11:48 AM C lerk O ffice F elchle, Kelley Approved 2/7/2018 - 3:42 P M ATTA C H M EN TS: D escription Type E xchange Agreement C over M emo Assignment C over M emo Memo C over M emo O ffer to Buy C over M emo S UB J E C T: R esolution setting date of hearing for F ebruary 26, 2018 for the approval of the Exchange Agreement and Assignment of R eal Es tate C ontrac t with L & H F arms , Ltd. for the ac quisition of property in Blac k Hawk C ounty for exchange of property in the S an Marnan T I F District in the amount of $364,117 for 9.54 ac res , and up to $10,000 in closing costs ,and direc t C ity C lerk to publis h s aid notic e. S ubmitted by:S ubmitted By: Noel Anderson, C ommunity P lanning & Development Direc tor R ec ommended Ac tion:S et date of hearing T his would be the eighth acquis ition of land under the mas ter agreement for the long-term (11 years) purc hase of land in the S an Marnan area (plus additional amendment area and years to ac quire). T he C ity would be ac quiring another 9.54 ac res of land in this area, southeas t of the Highway 20 and Ansborough Avenue interchange for future development. T he C ity price of land being ac quired is approximately $38,167 per acre for the development land in the C ity limits . It s hould be noted other farmland outside of the city limits has been s elling for as high as $14,500 per ac re, whereas the basis for the exc hange agreement (3.47 ratio) and amount spec ified above is $11,000 per acre. T his acquis ition is paid out of the T I F District revenue its elf, not out of general city funds . T he T I F District and its funds are designed and required Page 115 of 185 S ummary S tatement:to be s pent within the T I F Dis tric t itself for improvements , this will be a large step in the continued planning, development, and marketing of this area. T he C ity will earn rent money after ac quisition, beginning at $190 per ac re. T he acreages are figured as s uc h: 1) T hey are buying 33.1 acres in Blac k Hawk C ounty at $415,405 ($12,520 per ac re) 2) Bas ed on the C S R ratings of farm land, that puts multiplier at 3.47, but lowered to $11,000 per apprais al. 3) T he land cost ($11,000) times multiplier (3.47) equals $38,170. 5) T he total land c os t ($364,117) divided by land value ($38,170) determines the C ity land ac quired at 9.54 ac res . Expenditure R equired:$364,117, plus up to $10,000 in closing costs S ource of F unds:T I F cash P olic y Issue:Ec onomic Development Alternative:NA Background Information: T he C ity of Waterloo has been working for a number of years on the development of a S outh Waterloo Bus iness P ark, having recently ac hieved S tate of Iowa certified S ite status . T he continued development of this area of the C ity will work to provide for a major busines s and light industrial park setting along the Highway 20 corridor. Bas ed on feedbac k from major c ompanies, bus iness location cons ultants , and the Waterloo Industrial Development As s ociation, this growth along the Highway 20 c orridor is key to drawing large c ompanies, projec ts, and jobs to the C ity of Waterloo. T his lates t acquis ition will now have the C ity owning approximately 106.19 ac res , with an approximate 85.15 acres to be ac quired under the agreement (from original agreement and amendment to agreement). T he C ity continues to show this area for large development prospec ts. T his current ac quisition will further allow for areas of land needed for infras tructure improvements for full service of the area to be acquired immediately. T he Waterloo C ity C ouncil has previous ly zoned land in this area and expanded the S an Marnan T I F District to include this land, down to the recently c ompleted S haulis R oad extension, for bus iness development of the area. T he approval of thes e agreements would work as the next steps in this long-term process of development of this entire Highway 20 corridor area. P arc el "E" Legal Des cription: T hat part of the East one-half (1/2) of the Northwest one-quarter (1/4) of the Northeast one-quarter (1/4) and that part of the Wes t Ten (10) acres of the Northeast one-quarter (1/4) of the Northeast one-quarter (1/4) all in S ection 29, Towns hip 89 North, R ange 13 Wes t of the 5th P rinc ipal Meridian, desc ribed as follows: Page 116 of 185 Legal Desc riptions : C ommencing at the Northeast C orner of s aid S ec tion 29; thence N89°25'01 "W 999.02 feet along the North line of the Northeas t one-quarter (1/4) of said s ection to the East line of the Wes t 10 ac res ; thenc e S 00°23'42"E 543.39 feet along said Eas t line (als o the West line of C entral P laza Addition and the extens ion thereof) to the point of beginning; thenc e c ontinuing S 00°23'42'E 788.88 feet along s aid East line to the S outheast c orner of said West 10 acres; thence N89°26'48" W 327.15 feet along the S outh line of s aid Wes t 10 ac res to the S outhwes t corner of the Northeast Q uarter of the Northeast Q uarter of s aid sec tion; thenc e N00°23'50"W 300.02 feet along the West line of s aid Northeast Q uarter of the Northeast Q uarter (also the East line of Tract B, C entral Heights Addition); thenc e N89°27'22"W 362.85 feet along C entral Heights Addition to the Northwest c orner of Lot 24, C entral Heights Addition; thence N00°24'58" W 489.29 feet along the East line of C entral Heights Addition; thenc e S 89°25'01 "E 690.20 parallel with the North line of the Northeast Q uarter of s aid S ec tion 29 to the point of beginning, containing 10.00 ac res . Page 117 of 185 1 EXCHANGE AGREEMENT THIS EXCHANGE AGREEMENT is entered into this _____ day of _____________, ________, by and between the City of Waterloo, Iowa, a municipal corporation ("City"), and L & H Farms, Ltd., an Iowa general partnership ("LHF"). WHEREAS, City has offered to purchase approximately 33.1 acres more or less of Black Hawk County agricultural land described on the attached Exhibit “A” (hereinafter “Farm Land”) for the sum of $415,405.00 on or before March 1, 2018, if LHF will agree to accept a conveyance of the Farm Land in exchange for 9.54 acres of development land located at the intersection of U.S. Highway 20 and Ansborough Avenue; and WHEREAS, LHF is the owner of 9.54 acres of real property located at the southeast corner of the intersection of U.S. Highway 20 and Ansborough Avenue described on the attached Exhibit “B” and depicted on the aerial photograph on attached Exhibit “C” (hereinafter “Development Land”); and WHEREAS, LHF is willing to convey the Development Land to City in exchange for the Farm Land so as to qualify the transaction for the non-recognition of gain under Internal Revenue Code Sec. 1031 (such exchange being hereafter referred to as the "Exchange"). NOW, THEREFORE, in consideration of the mutual covenants herein contained and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: Section 1. Construction and Interpretation. This Agreement shall be carried out, governed by, and construed in accordance with the laws of Iowa and, to the extent necessary or appropriate, to obtain like-kind exchange treatment under Internal Revenue Code §1031. The parties agree to execute any additional documents required to allow this transaction to so qualify. LHF agrees to bear any expenses associated with document preparation necessary to qualify the Exchange for like-kind exchange treatment. Section 2. Contingencies. 2.1 City’s obligations herein are subject to and conditioned upon the following: A. The City Council for the City of Waterloo, Iowa, adopting a resolution authorizing City to take assignment of the contract to purchase the Farm Land pursuant to the agreed-upon terms and conditions of the assignment set forth in Section 3 below, and further authorizing City to purchase the Farm Land for the sum of $415,405.00 pursuant to the terms and conditions of said contract; Page 118 of 185 2 B. The City Council for the City of Waterloo adopting a resolution authorizing City to convey the Farm Land to LHF in exchange for the Development Land by directing the sellers of the Farm Land to convey it directly to LHF in accordance with the terms of that certain Option Exchange Agreement between City and LHF dated March 8, 2010, as amended on March 30, 2015; C. City completing its purchase of the Farm Land prior to closing on this exchange with LHF. 2.2 LHF’s obligations herein shall be subject to and conditioned upon City completing its purchase of the Farm Land. Section 3. Terms of Assignment. City will be taking assignment of an existing contract to purchase the Farm Land. A copy of said contract, as amended, is attached to this Agreement as Exhibit “D.” A copy of the Assignment is attached as Exhibit “E.” Section 4. Conveyance of Property. 4.1 City agrees to require the current owners of the Farm Land to convey said real property directly to LHF by warranty deed as consideration for LHF's conveyance of the Development Land to City by warranty deed; 4.2 City agrees to accept the conveyance of the Development Land in accordance with the terms and conditions of this Exchange Agreement. 4.3 In recognition of LHF’s role in identifying and pre-approving the Farm Land for acquisition by City for purposes of this Agreement, LHF agrees to accept the conveyance of the Farm Land “as is,” subject to all conditions, easements, restrictions and other characteristics, and hereby acknowledges that City has not made and will not make any representation or warranty with respect to the Farm Land, whether as to merchantability of said land, its fitness for any particular purpose, or otherwise. 4.4 The parties agree that the Farm Land shall be deemed to have a value of $414,405.00 for purposes of this transaction, and the Development Land shall be deemed to have a value of $364,100.00 for purposes of this transaction. LHF will loan City the sum of $51,305.00 to acquire the Farm Land, and City will pay the balance of the purchase price in cash. As consideration for the conveyance of the Farm Land to LHF in this exchange, LHF will convey the Development Land to City and forgive the loan in the amount of $51,305.00. 4.5 No cash consideration will be exchanged between the parties. Section 5. Form of Conveyance Page 119 of 185 3 5.1 City shall cause the current owner of the Farm Land to convey said real property directly to LHF by Warranty Deed. LHF shall convey the Development Land to City by Warranty Deed. Title shall be merchantable title in accordance with the Iowa Title Standards. 5.2 All liens or clouds on title shall be removed prior the Exchange. 5.3 If title cannot be made merchantable within a reasonable period of time, this Exchange Agreement shall become null and void. Section 6. Closing. The closing on the Exchange contemplated herein shall occur contemporaneously with the closing on City’s purchase of the Farm Land. It is expected that the closing will occur on or before March 1, 2018. Section 7. Property Taxes. 7.1 LHF acknowledges that City will receive a credit against the $_______________ purchase price for the Farm Land in an amount equal to the annual real estate taxes on the Farm Land prorated through the closing date, and that as a result of such credit, the seller of the Farm Land will expect City and its successors to pay the installments of property taxes due on and after March 31, 2018. LHF agrees to assume responsibility for making the general property tax payments for the Farm Land due March 31, 2018, and all subsequent installments. 7.2 LHF will pay the property taxes on the Development Land that are due March 31, 2019 and all prior installments. City shall be responsible for real estate taxes attributable to the Development Land due September 30, 2019, and all subsequent installments of general real estate taxes attributable to the Development Land, if any. Section 8. Survey. If the parties determine that a survey of the Development Land, or any part thereof, is required, then City shall reimburse LHF for the cost of procuring a plat of survey for the Development Land. The plat of survey must be completed and filed of record in the office of the Black Hawk County Recorder prior to the completion of the Exchange contemplated herein. Section 9. Abstracting. 9.1 The current owner of the Farm Land will provide City with an updated abstract of title or title report for the Farm Land prior to City having to complete its purchase of the Farm Land. Upon receipt of the abstract of title or title report, City shall deliver it to legal counsel for LHF. Legal counsel for LHF shall examine the abstract or title report and Page 120 of 185 4 confirm that the current owner of the Farm Land possesses marketable title to the real estate as required by this Exchange Agreement. 9.2 LHF will provide City with an updated title report for the parcel of real estate that includes the Development Land. City acknowledges that the title report will include other real estate. City shall bear the expense of paying the abstract company to prepare a separate abstract of title for the Development Land. City may defer the preparation of this abstract of title until such time as it is prepared to sell all or a portion of the Development Land. Section 10. Other Closing Costs. Each of the parties agrees to pay any closing costs not specifically addressed herein in the manner customarily paid by buyers and sellers as part of real estate transactions in the State of Iowa. Section 11. Option to Rent. City agrees that as long as City remains the titleholder to all or a portion of the Development Land, Lanehaven Farms, Inc., shall be entitled to rent any and all undeveloped portions of the Development Land on a year-to-year basis on the condition that Lanehaven Farms, Inc., enter into a written lease agreement with City requiring, among other things, that Lanehaven Farms, Inc., provide the same indemnification customarily required of tenants in a cash basis farm lease and that Lanehaven Farms, Inc., procure customary liability insurance identifying City as an additional insured. Annual rent for the first four (4) three (3) years (through the 2021-20222020- 2021 crop year) shall be $190.00 per acre. Thereafter, annual rent shall be mutually agreed upon by the parties or in the absence of such agreement, it shall be set at the then prevailing fair rental value as determined by a mutually agreeable farm management company such as Hertz Farm Management. Rent shall be payable in December of each calendar year. Section 12. Notices. All notices, requests, demands, directions and other communications required or permitted to be given pursuant to this Agreement shall be valid if in writing and if delivered personally, or sent by certified or registered mail, return receipt requested, postage prepaid and addressed as follows: To City: The City of Waterloo, a municipal corporation Attention: Quentin M. Hart, Mayor Attention: Kelley Felchle, City Clerk 315 Mulberry Street Waterloo, Iowa 50703 To LHF: L & H Farms, Ltd., an Iowa general partnership Lanehaven Farms, Inc., Partner Attention: Curtis Hollis, President 7502 Hammond Avenue Waterloo, Iowa 50701 Page 121 of 185 5 Section 13. Amendments. This Agreement may not be modified except in a written instrument signed by the parties. Section 14. Enforceability. This Agreement shall bind and inure to the benefit of the parties hereto and their respective successors, executors, personal representatives and assigns. No party to this Agreement may assign their/its rights or interests hereunder without the prior written consent of each of the other parties. Section 15. Counterparts. This Agreement may be executed simultaneously in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same document. Section 16. Limitation of Rights. With the exception of the rights herein expressly conferred, nothing expressed in this Agreement is intended or shall be construed to give to any person or entity, other than the parties hereto, any legal or equitable right, remedy or claim under or in respect to this Agreement or any covenants, agreements, conditions and provisions herein contained, this Agreement and all of the covenants, agreements, conditions and provisions hereof being intended to be and being for the sole and exclusive benefit of the parties hereto. Section 17. Severability. If any provision of this Agreement shall be held or deemed to be or shall, in fact, be inoperative or unenforceable as applied in any particular case in any jurisdiction or jurisdictions or in all jurisdictions, or in all cases because it conflicts with any other provision or provisions hereof or any constitution or statute or rule of public policy, or for any other reason, such circumstances shall not have the effect of rendering the provision in question inoperative or unenforceable in any other case or circumstance, or of rendering any other provision or provisions herein contained invalid, inoperative, or unenforceable to any extent whatever. Section 18. Intent. It is the intent of the parties that this Exchange Agreement shall permit each party to complete a like-kind exchange pursuant to Internal Revenue Code Sec. 1031 and it is intended to comply with the requirements of the regulations thereunder, including, but not limited to, Reg. 1.1030(k)-1. To the extent that any provisions herein conflict with the requirements of the safe harbor provisions contained therein, the requirements and the conditions of the statute and the regulations shall control. Page 122 of 185 6 IN WITNESS WHEREOF, City and LHF have each caused this Agreement to be executed, sealed and delivered as of the day and year first above written. THE CITY OF WATERLOO, IOWA, A MUNICIPAL CORPORATION By: ____________________________________ Quentin M. Hart, Mayor By: ____________________________________ Kelley Felchle, City Clerk L & H FARMS, LTD. By: LANEHAVEN FARMS, INC., Partner By: _______________________________________ Curtis G. Hollis, President STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) This instrument was acknowledged before me on the ____ day of ______________, ________, by Quentin M. Hart as Mayor and Kelley Felchle as City Clerk of the City of Waterloo, Iowa, an Iowa municipal corporation. __________________________________________ Notary Public in and for Black Hawk County, Iowa Page 123 of 185 7 STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) This instrument was acknowledged before me on the ____ day of ____________, ______, by Curtis G. Hollis as President of Lanehaven Farms, Inc., an Iowa corporation, General Partner of L & H Farms, Ltd., an Iowa general partnership. __________________________________________ Notary Public in and for Black Hawk County, Iowa Page 124 of 185 8 EXHIBIT “A” The North 40 acres of the East 120 acres except the North 400 feet of the East 660 feet of the Southeast Quarter, all in Section 20, Township 88 North, Range 13 West of the 5th P.M., in Black Hawk County, Iowa (containing approximately 33.1 tillable acres). Page 125 of 185 9 EXHIBIT “B” Development Land Parcel The South 184 feet of the North 1122.85 feet of the North Half of the Southwest Quarter (N ½ SW ¼) in Section No. 9, Township No. 88 North, Range No. 13 West of the Fifth Principal Meridian, Black Hawk County, Iowa, EXCEPT that part thereof conveyed to the City of Waterloo in a deed filed March 14, 2012 as Doc. No. 2012-16922 AND EXCEPT that part thereof described in a deed dated April 29, 1996 and filed May 1, 1996, at Book 567 Land Deeds at Page 633 AND EXCEPT that part thereof described in a deed dated April 4, 1997 and filed April 4, 1997 at Book 569 Land Deeds at Page 042, all filed in the Office of the Black Hawk County Recorder. Subject to easements, restrictions, covenants, ordinances and limited access provisions of record and not of record. Page 126 of 185 10 EXHIBIT “C” Page 127 of 185 11 EXHIBIT “D” Anderson Contract Page 128 of 185 12 EXHIBIT “E” ASSIGNMENT OF REAL ESTATE CONTRACT Page 129 of 185 ASSIGNMENT OF REAL ESTATE CONTRACT THIS ASSIGNMENT is made and entered into this _______ day of ______________, ________, by and between Hollis Farms, Inc., an Iowa corporation, and the City of Waterloo, Iowa, a municipal corporation (“City”). 1. Assignment. Hollis Farms, Inc. hereby assigns all of its right, title and interest in the Offer to Buy Real Estate and Acceptance (Non-Residential) between Hope Martin Andeerson, as Seller, and Hollis Farms, Inc., an Iowa corporation, as Buyer, dated June 22, 2017 (hereinafter “Contract”) for the sale of the following described real estate: The North 40 acres of the East 120 acres except the North 400 feet of the East 660 feet of the Southeast Quarter, all in Section 20, Township 88 North, Range 13 West of the 5th P.M., in Black Hawk County, Iowa (containing approximately 33.1 tillable acres). 2. Acceptance of Assignment. City hereby accepts assignment of the Contract. HOLLIS FARMS, INC. By: Blake G. Hollis, President THE CITY OF WATERLOO, IOWA, A MUNICIPAL CORPORATION By: Quentin M. Hart, Mayor By: Kelley Felchle, City Clerk The undersigned, Hope Martin Anderson, hereby consents to the Assignment set forth above. Hope Martin Anderson Page 130 of 185 MEMORANDUM OF AGREEMENT REGARDING PRORATING OF REAL ESTATE TAXES This Agreement is entered into as of _____________, 2017, by and between L & H Farms, Ltd. (“L&H”) and the City of Waterloo, Iowa (“City”). RECITALS A. L&H and City are parties to a certain Exchange Agreement by which L&H will convey to City, as part of an exchange of like-kind real estate, certain real property described as: The South 184 feet of the North 1122.85 feet of the North Half of the Southwest Quarter (N ½ SW ¼) in Section No. 9, Township No. 88 North, Range No. 13 West of the Fifth Principal Meridian, Black Hawk County, Iowa, EXCEPT that part thereof conveyed to the City of Waterloo in a deed filed March 14, 2012 as Doc. No. 2012-16922 AND EXCEPT that part thereof described in a deed dated April 29, 1996 and filed May 1, 1996, at Book 567 Land Deeds at Page 633 AND EXCEPT that part thereof described in a deed dated April 4, 1997 and filed April 4, 1997 at Book 569 Land Deeds at Page 042, all filed in the Office of the Black Hawk County Recorder. Subject to easements, restrictions, covenants, ordinances and limited access provisions of record and not of record. (the “Real Estate”). B. The purpose of this Agreement is to confirm the parties’ agreement regarding the manner in which real estate taxes will be prorated. The parties acknowledge that the Exchange Agreement requires that taxes for the Real Estate are to be prorated to the closing date for the sale and purchase of the Real Estate, likely March 1, 2018. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises exchanged herein, and for other consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree that L&H will pay the full tax bill for the Real Estate that is due on or before September 30, 2018. Concurrently with said payment, L&H will also deliver a check in the amount of $_________, payable to the Black Hawk County Treasurer, to the office of City’s legal counsel, namely, Clark Butler Walsh & Hamann, 315 E. 5th Street, Waterloo, Iowa, 50703, Attn: Chris Wendland. City’s legal counsel will be responsible for remittance of said check to the treasurer’s office as a prepayment of L&H’s prorated share of the March 2019 tax installment. The parties acknowledge that the sum of $________ is a good-faith estimate based on currently available information. The parties also acknowledge that, when tax bills are issued in August 2019, the Real Estate will not be taxed as a separate parcel from the larger parcels of which it is a portion, but that the treasurer’s office has indicated that taxes otherwise attributable to the Real Estate will not be included in said tax bills for the larger parcels. The August 2019 tax bills for the larger parcels will be the full and sole responsibility of L&H. The parties agree to cooperate Page 131 of 185 2 reasonably and in good faith, and to take such further steps as may be reasonably necessary or advisable, to carry out the purpose and intent of this Agreement. IN WITNESS WHEREOF, the parties have exec uted this Agreement by their duly authorized representatives as of the date first set forth above. L & H FARMS, LTD. CITY OF WATERLOO, IOWA By: ______________________________ By: _______________________________ Curtis G. Hollis, President Quentin M. Hart, Mayor Attest: _____________________________ Kelley Felchle, City Clerk Page 132 of 185 Page 133 of 185 Page 134 of 185 Page 135 of 185 CI TY OF WATER LOO Council Communication R es olution approving application to Blac k Hawk G aming As s ociation for a grant in the amount of $12,000 for the Waterloo F ire and P olic e Departments to purchas e of an unmanned airc raft s ystem, with $12,000 matc hing C ity funds, and authorize Mayor to exec ute all nec es s ary documents . City Council Meeting: 2/12/2018 Prepared: 2/6/2018 R EV I EWER S : Department R eviewer Action Date P olice Department F elchle, Kelley Approved 2/7/2018 - 2:46 P M S UB J E C T: R esolution approving applic ation to Black Hawk G aming Assoc iation for a grant in the amount of $12,000 for the Waterloo F ire and P olic e Departments to purchas e of an unmanned airc raft s ystem, with $12,000 matc hing C ity funds, and authorize Mayor to exec ute all nec es s ary documents . S ubmitted by:S ubmitted By: Dave Mohlis , P olice C aptain R ec ommended Ac tion:Approve R eques t S ummary S tatement: To enhance the public s afety mission of the C ity of Waterloo we are seeking funds to purc hase an unmanned airc raft s ystem (drone). T his sys tem will be utilized to minimize exposure in hazardous material events, surveying ac tive struc ture fires, investigating c rime/vehic le ac cident s cenes , and aiding in the searc h of wanted and missing pers ons, to name a few. Expenditure R equired:T he grant requires a $12,000 match. T his match is being split evenly between the Waterloo F ire Department and the Waterloo P olice Department. S ource of F unds:T he C ity match will utilize C ity G eneral F unds and P olic e F orfeiture funds . Background Information: T hrough a combined effort we are applying for this local grant and a shared match for this piec e of equipment, to include c ooperation to obtain required F ederal Aviation Administration training to operate the sys tem. Page 136 of 185 CI TY OF WATER LOO Council Communication R es olution approving s ubmission of application for the 2017 G overnor's Traffic S afety Bureau Impaired Driving C ountermeasures G rant. City Council Meeting: 2/12/2018 Prepared: 2/6/2018 R EV I EWER S : Department R eviewer Action Date P olice Department M ohlis, Dave Approved 2/6/2018 - 8:28 AM C lerk O ffice Higby, N ancy Approved 2/6/2018 - 10:45 AM S UB J E C T:R esolution approving submis s ion of applic ation for the 2018 G overnor's Traffic S afety Bureau Impaired Driving C ountermeasures G rant. S ubmitted by:S ubmitted By: Dave Mohlis , P olice C aptain R ec ommended Ac tion:Approve R eques t S ummary S tatement: We have received this grant for the pas t s everal years. It provides funds for dedic ated impaired driving enforcement during peak times, training for offic ers on impaired driving and in-c ar rec ording equipment. T here are no matching funds for this grant. Expenditure R equired:None S ource of F unds:G overnors Traffic S afety Bureau P olic y Issue:None Background Information: We have had tremendous s uc cess with this grant in the pas t s everal years. In addition to inc reas e a patrol pres enc e on target weekends and hours it provides funds to as s is t us with needed equipment upgrades , s aving local tax dollars. Page 137 of 185 CI TY OF WATER LOO Council Communication R es olution approving acc eptance of improvements of G reenbelt C entre P lat No. 1, performed by K C unningham C ons truction C o. Inc., and Jes up Land Development Heartland Excavating, and rec eive and file two-year maintenance bonds. City Council Meeting: 2/12/2018 Prepared: 2/7/2018 R EV I EWER S : Department R eviewer Action Date Engineering T horson, Eric Approved 2/7/2018 - 10:45 AM C lerk O ffice F elchle, Kelley Approved 2/7/2018 - 3:08 P M S UB J E C T: R esolution approving ac ceptanc e of improvements of G reenbelt C entre P lat No. 1, performed by K C unningham C ons truction C o. Inc., and Jes up Land Development Heartland Exc avating, and receive and file two-year maintenanc e bonds . S ubmitted by:S ubmitted By: Dennis J. G entz, P E, Assistant C ity Engineer S ummary S tatement: T he improvements required as a condition prec edent to the approval of G reenbelt C entre P lan No. 1, Waterloo, Iowa; namely paving (K C unningham C onstruc tion C o, Inc .) and the ins tallation of storm and sanitary sewer (Jesup Land Development Heartland Exc avating) have been c ompleted in s ubstantial c onformance with the c onstruc tion plans , s tandards , and requirements of this offic e. Background Information: S anitary S ewer: from approximately 269' north of s outh line of G reenbelt C entre P lat No. 7, then north above the eas t s ide of G reyhound Drive to C yclone Drive, then west and north in C yclone Drive, and in Athens Drive from C yc lone Drive to the east. P aving: C yc lone Drive from G reyhound Drive to W. R idgeway Avenue; and Athens Drive from C yc lone Drive to G reyhound Drive. Page 138 of 185 CI TY OF WATER LOO Council Communication R es olution approving acc eptance of improvements of G reenbelt C entre P lat No. 7, performed by K C unningham C ons truction C o. Inc., and Jes up Land Development Heartland Excavating, and rec eive and file two-year maintenance bonds. City Council Meeting: 2/12/2018 Prepared: 2/6/2018 R EV I EWER S : Department R eviewer Action Date Engineering T horson, Eric Approved 2/7/2018 - 10:46 AM C lerk O ffice F elchle, Kelley Approved 2/7/2018 - 3:08 P M S UB J E C T: R esolution approving ac ceptanc e of improvements of G reenbelt C entre P lat No. 7, performed by K C unningham C ons truction C o. Inc., and Jes up Land Development Heartland Exc avating, and receive and file two-year maintenanc e bonds . S ubmitted by:S ubmitted By: Dennis J. G entz, P E, Assistant C ity Engineer S ummary S tatement: T he improvements required as a condition prec edent to the approval of G reenbelt C entre P lan No. 7, Waterloo, Iowa; namely paving (K C unningham C onstruc tion C o, Inc .) and the ins tallation of storm and sanitary sewer (Jesup Land Development Heartland Exc avating) have been c ompleted in s ubstantial c onformance with the c onstruc tion plans , s tandards , and requirements of this offic e. Background Information: S anitary S ewer: from near the s outh line of G reenbelt C entre P lat No. 7, in G reyhound Drive north approximately 269'; and from G reyhound Dr./Titan Trail inters ection eas t, northeas t and north in Titan Trail. T his includes sanitary sewer in G reenbelt C entre P lat No. 7, G reenbelt C entre P lat No. 2 and Deer C reek P lat No. 2 (Titan Trail only). P aving: Titan Trail from G reyhound Drive to the s outh line of G reenbelt C entre P lat No. 2. Page 139 of 185 CI TY OF WATER LOO Council Communication R es olution approving acc eptance of improvements of G reenbelt C entre P lat No. 8, performed by K C unningham C ons truction C o. Inc., and Jes up Land Development Heartland Excavating, and rec eive and file two-year maintenance bonds. City Council Meeting: 2/12/2018 Prepared: 2/6/2018 R EV I EWER S : Department R eviewer Action Date Engineering T horson, Eric Approved 2/7/2018 - 10:48 AM C lerk O ffice F elchle, Kelley Approved 2/7/2018 - 3:09 P M S UB J E C T: R esolution approving ac ceptanc e of improvements of G reenbelt C entre P lat No. 8, performed by K C unningham C ons truction C o. Inc., and Jes up Land Development Heartland Exc avating, and receive and file two-year maintenanc e bonds . S ubmitted by:S ubmitted By: Dennis J. G entz, P E, Assistant C ity Engineer S ummary S tatement: T he improvements required as a condition prec edent to the approval of G reenbelt C entre P lan No. 8, Waterloo, Iowa; namely paving (K C unningham C onstruc tion C o, Inc .) and the ins tallation of storm and sanitary sewer (Jesup Land Development Heartland Exc avating) have been c ompleted in s ubstantial c onformance with the c onstruc tion plans , s tandards , and requirements of this offic e. Page 140 of 185 CI TY OF WATER LOO Council Communication R es olution authorizing the submis s ion of a grant application to the C edar Trails P artnership, for a maximum amount of $2,500.00, and authorize the Mayor and C ity C lerk to execute all necessary doc uments. City Council Meeting: 2/12/2018 Prepared: 2/7/2018 R EV I EWER S : Department R eviewer Action Date Engineering T horson, Eric Approved 2/7/2018 - 10:50 AM C lerk O ffice F elchle, Kelley Approved 2/7/2018 - 3:34 P M S UB J E C T: R esolution authorizing the s ubmission of a grant applic ation to the C edar Trails P artners hip, for a maximum amount of $2,500.00, and authorize the Mayor and C ity C lerk to execute all necessary doc uments. S ubmitted by:S ubmitted By: Wayne C as tle, As s ociate Engineer S ummary S tatement: T his money would allow for new and replacement s ignage on C ity of Waterloo recreational trails. I nstallation would be completed by L eisure S ervices. Background Information: T he C edar Trails P artners hip is ac cepting grant reques ts (for up to $2,500.00) for projects that · Expand or improve the rec reational trail sys tem · Maintain the trails to the highes t obtainable standards of safety, beauty and utility · P romote the trail sys tem as a recreational res ourc e and a vac ation and tourism des tination · Educ ate trail users in trail etiquette and safe trail use Applic ations are due F ebruary 15, 2018. Awards will be announced April 2018. Page 141 of 185 CI TY OF WATER LOO Council Communication R es olution approving the F ourth Amendment to Development Agreement with Deer C reek Development, LLC to make annual payments of $200,000 and add in the former G reyhound P ark site for the Deer C reek agreement, and authorize the Mayor and C ity C lerk to exec ute all nec es s ary documents . City Council Meeting: 2/12/2018 Prepared: 2/7/2018 R EV I EWER S : Department R eviewer Action Date P lanning & Z oning Anderson, Noel Approved 2/7/2018 - 1:41 P M C lerk O ffice F elchle, Kelley Approved 2/7/2018 - 3:27 P M ATTA C H M EN TS: D escription Type D eer C reek L ots Exhibit 4th Amendment to D evelopment Agreement B ackup Material S UB J E C T: R esolution approving the F ourth Amendment to Development Agreement with Deer C reek Development, LLC to make annual payments of $200,000 and add in the former G reyhound P ark s ite for the Deer C reek agreement, and authorize the Mayor and C ity C lerk to exec ute all nec es s ary documents . S ubmitted by:S ubmitted By: Noel Anderson, C ommunity P lanning & Development Direc tor R ec ommended Ac tion:Adopt R esolution S ummary S tatement: T he C ity and Deer C reek have been in partnership since 2006 to make the former G reyhound P ark area as a whole into a development s ite. S inc e 2006, the C ity and Deer C reek have worked to bring over $12.1 million in new taxable value, jobs, c onstruc tion ac tivity and permit fees, loc al option sales, ac tivity to the area --(Mauer Eye C enter and S pa, S oc ial S ec urity O ffice, Dr. S undaram medic al offic e, profes s ional offices, G ubbles Heating and Air, Love's , Hawkeye S tages , etc .). T he original agreement from 2006 c ommitted Deere C reek to provide infras tructure to the 100 ac re area, and c ommitted the C ity to repay that infras tructure through taxes generated in the land owned by Deere C reek. Amendments since then have worked to keep that s ame agreement in plac e, with c hanges how payments are made. T his agreement would c ontinue the last amendment, which c alls for the C ity to pay at leas t $100,000 every s ix months , or another amount as revenue is available in the T I F District. T hat last amendment was set to expriee in 2014, but was extended if at least two more building were built, in which it would go to July 2018. S inc e that time, four new buildings are built/under c onstruc tion. T he partners hip is working to c reate new tax bas e, new jobs, new opportunities , and this amendment Page 142 of 185 would contune that partners hip. T his agreement would further include the former G reyhound P ark site as an eligible area for Deer C reek repayment, whic h is a pos itive step towards demolition and redevelopment of that site. Expenditure R equired:C ontinuing payment of $200,000 per year until infras tructure debt repaid S ource of F unds:T I F cash and bonds P olic y Issue: S trategic P lan: S trategy 1.1 attrac ting new employers to area through provision of infras tructure to develop land S trategy 1.3 working to redevelop former G reyhound P ark s ite to create development-ready lots S trategy 2.2 work towards efforts to promote a safer community through the elimination of blighted s tructure at former G reyhound P ark site S trategy 3.1 inc reas e revenue of area by redeveloping former G reyhound P ark site and developing other lots within Deer C reek area S trategy 3.8 fos ter new investments and development in C ity's T I F Districts G oal 4: Enhance the image of Waterloo and C ity to res idents and bus inesses ins ide and outside of c ommunity (the elimination of the former G reyhound P ark site at a major entryway to C ity will acc omplis h this ) Alternative:NA Background Information: S ee s ummary. T he P artnerhs ip with Deer C reek has allowed development of the area to oc cur without the C ity c oming up with up-front c os ts of infras tructure. T hos e c os ts were inves tments by the developer, and the C ity works with developer on back end through rebate repayment. T his has allowed the C ity to gain new tax bas e, new jobs, and new opportunities for bus inesses while needing to utlitize other city funds on other priorities of the c ommunity, and utlitzing the T I F District financ ial makeup to help pay for this infrastruc ture. Legal Desc riptions :S ee attached Page 143 of 185 P a g e 1 4 4 o f 1 8 5 Prepared by and return to: Michael D. Youngblut, 315 5th St., P.O. Box 603, Hudson, IA 50643; (319) 988-3011 __________________________________________________________________ FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT This Fourth Amendment to Development Agreement (the “Fourth Amendment”) is entered into as of February ___, 2018, by and between the City of Waterloo, IA (“City”) and Deer Creek Development, LLC (“Company”). RECITALS A. Company and City are parties to a certain Development Agreement entered into as of October 13, 2006 (the “Agreement”). The Agreement provided for certain grants to be made by City to Company from specific tax revenues generated by the Property in connection with specified development activities. The Agreement was previously amended by an Amendment to Development Agreement entered into as of July 7, 2008 (the “First Amendment”), a Second Amendment to Development Agreement entered into as of March 14, 2011 (the “Second Amendment”), and a Third Amendment to Development Agreement entered into as of August 15, 2016 (the “Third Amendment”). B. The parties desire to further amend the Agreement on the terms set forth herein in order to revise the amount of grants to be paid. NOW, THEREFORE, in consideration of the mutual promises set forth herein, the parties hereby agree to amend the Agreement as follows: 1. The Agreement is hereby amended to strike Section 3 in its entirety and to add a new Section 3 as follows: “3. Grants to Company. As an inducement for Company to make the Street Improvements in connection with development of the Property, the City agrees to make grants to Company as follows: A. City shall pay Company the greater of (i) the sum of $200,000.00 or (ii) the amount due under paragraph 3.B or 3.C below, as applicable, beginning in the fiscal year ending in 2019 and continuing in each fiscal year thereafter until City has paid Company all sums payable under this Agreement. Page 145 of 185 2 B. This paragraph sets forth the default method for calculating grant payments when a party making improvements on the Property (a “Developer”) has a separate development agreement with the City. City shall pay to Company a semi-annual grant equal to 100% of the property taxes collected by the City (excluding non-TIF Collections as defined in paragraph 3.HC.2 below) from a Developer pursuant to a separate development agreement with the City, reduced by any and all tax rebates that the City is required to pay to the Developer pursuant to the terms of any development agreement with such Developer. For purposes of illustration only, if an agreement between City and Developer provides for rebatement of 50% of qualifying property taxes for a period of five years, then company would receive a grant equal to the remaining 50% of qualifying property taxes in each year of such period. No grant with respect to such Developer’s project shall be made to Company before a property tax rebate is first paid to the Developer. At the end of the Developer’s tax rebatement period, City will grant to Company 100% of property tax rebates allowable until Company has been repaid pursuant to paragraph 3.F below. For purposes of this paragraph, the term “Developer” may include Company with respect to improvements made on the Property other than the improvements that are the subject of this Agreement. C. This paragraph sets forth the default method for calculating grant payments that are not within the scope of paragraph 3.B above. With respect to any taxable improvements (“Non-Qualifying Improvements”) constructed on the Property that are not subject to a separate development agreement between the City and the owner-builder of the Non-Qualifying Improvements, City shall pay to Company a semi- annual grant equal to 100% (with the exceptions noted below) of the property tax capable of rebatement, if not for the non-qualifying character of the improvements, starting in “Year One” and continuing thereafter until Company has been repaid pursuant to paragraph 3.F below. For purposes of illustration, a “Non-Qualifying Improvement” means, generally, an improvement of a type that is not eligible for property tax rebates or similar incentives, such as improvements for a retail business. 1. “Year One” shall be the first year for which the assessment is based upon the partial or completed value of the Non-Qualifying Improvements, but not a prior year for which the assessment is based solely upon the value of the land. 2. The above-described rebate program is not applicable to any special assessment levy, debt service levy, or any other levy that is exempted from treatment as tax increment financing under the provisions of applicable law (collectively, “Non-TIF Collections”). D. Rebates are payable in respect to a given year only to the extent that general property taxes that are due and owing for such year have actually been paid. E. City will pay Company all sums payable under this Agreement in equal semi-annual installments on or before November 1 and the following May 1 of each fiscal year. F. Notwithstanding anything to the contrary in this Section 3, in no event will the cumulative amount of grants payable by City to Company exceed the total of Page 146 of 185 3 Street Improvement costs incurred by Company, as documented to City’s reasonable satisfaction, plus interest on such costs, at a rate equal to the prime rate plus 1.5% per annum determined on the date of this Fourth Amendment, adjusted annually. Interest shall commence on the date that Company made payment of such costs, and continue until grants paid to Company by City equal the sum of such costs plus interest. G. If City fails to make payment of any installment due under this Section 3 within ninety (90) days of it being due and payable, Company shall have the right to declare City to be in default of this Agreement following City’s failure to cure the default within an additional sixty (60) days after written notice from Company to City that specifically references this paragraph 3.FG. In addition to the City officials required to be notified under paragraph 6(a), Company shall also deliver a copy of the foregoing notice to City’s Chief Financial Officer.” 2. Exhibit A to the Agreement, describing the Property, shall be amended to include the following parcels, legally described as: NE SW PART OF NW SE DESC AS FOLLOWS:; BEG AT THE NW COR OF THE NW SE TH E 100' ALONG NLY LINE OF NW SE TH S 1069.31' ALONG A LINE PAR WITH WLY LINE OF NW SE TO THE BEG OF A CURVE CONCAVE NELY HAVING A RADIOUS OF 686.62' TH SELY 259.10' ALONG SAID CURVE TO A PT ON SLY LINE OF THE NW SE WHICH PT IS 148.31' ELY FROM SW COR OF THE NW SE TH W 148.31' TH N 1322.37' TO THE PT OF BEG SEC 6 T 88 R 13; and THAT PART OF SW QTR OF SE QTR SEC 6 T 88 R 13 LYING NWLY OF FORMER CHICAGO GREAT WESTERN RAILROAD ROW DESC IN 566 LD 343 AND LYING NELY OF ROW OF GREYHOUND DR DEDICATED IN 268 MISC 801; and A PARCEL OF LAND LOC IN PART OF SW 1/4 AND SE 1/4 SEC 6 T 88 R 13 DESC AS FOL: COM AT SW COR OF SAID SEC 6 TH N 1320.50 FT ALONG W LINE OF SW 1/4 OF SAID SEC 6 TH N 89 DEG 42 MIN 54 SEC E 818.14 FT TO PT OF BEG TH N 89 DEG 42 MIN 54 SEC E 2285.88 FT TH N 89 DEG 42 MIN 42 SEC E 595.69 FT TO A PT ON NWLY ROW LINE OF CHICAGO GREAT WESTERN RR (ABANDONED) TH S 35 DEG 31 MIN 30 SEC W 850.21 FT ALONG SAID LINE N 72 DEG 26 MIN 10 SEC W 1005.02 FT TH WLY 637.85 FT ALONG A 7789.65 FT RADIUS CURVE CONCAVE SLY CHORD BEARING N 75 DEG 14 MIN 3 SEC W 637.67 FT TH N 77 DEG 34 MIN 36 SEC W 835.86 FT TH N 6 DEG 19 MIN 51 SEC E 32.15 FT TO PT OF BEG EXC HWYS AND ALSO EXC THAT PART LYING NWLY OF FORMER CHICAGO GREAT WESTERN RAILROAD ROW DESC IN 566 LD 343 AND LYING NELY OF ROW GREYHOUND DR DEDICATED IN 268 MISC 801. 3. Except as modified herein, the Agreement shall continue in full force and effect. The Agreement, as amended by the First Amendment, Second Amendment, Third Amendment and this Fourth Amendment, shall inure to the benefit of and be binding upon the parties and their respective successors and assigns. Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Agreement. IN WITNESS WHEREOF, the Parties have executed this Fourth Amendment to Development Agreement by their duly authorized representatives as of the date first set forth above. Page 147 of 185 4 DEER CREEK DEVELOPMENT, LLC CITY OF WATERLOO, IA By: _______________________________ By: _________________________________ Harold Youngblut, President Quentin Hart, Mayor By: _________________________________ Kelley FelchleSuzy Schares, City Clerk Page 148 of 185 CI TY OF WATER LOO Council Communication R es olution approving s ettlement agreement with Mark Brandes and authorize Mayor to exec ute said agreement. City Council Meeting: 2/12/2018 Prepared: 2/7/2018 R EV I EWER S : Department R eviewer Action Date Human Rights F elchle, Kelley Approved 2/7/2018 - 3:50 P M S UB J E C T:R esolution approving settlement agreement with Mark Brandes and authorize Mayor to exec ute said agreement. S ubmitted by:S ubmitted By: Lanc e Dunn, Human R esources Director R ec ommended Ac tion:R ec ommended for approval. Page 149 of 185 CI TY OF WATER LOO Council Communication R equest by S teven Hac kbarth to rezone approximately 1.05 ac res of land from “R -3” Multiple R es idenc e Dis tric t and "C -2" C ommercial Dis tric t to “C -1,C -Z” C onditional Zoning Dis tric t, for the purpos es of es tablishing an antique store and one apartment unit in a former c hurch building, located at 719 Wes t 6th S treet. City Council Meeting: 2/12/2018 Prepared: 1/17/2018 R EV I EWER S : Department R eviewer Action Date P lanning & Z oning S chroeder, Aric Approved 1/29/2018 - 4:31 P M C lerk O ffice Higby, N ancy Approved 1/30/2018 - 11:28 AM ATTA C H M EN TS: D escription Type H ackbarth R ezone - 719 W 6th St C over M emo S UB J E C T: Motion to rec eive, file, c onsider, and pas s for the sec ond time an O rdinanc e amending O rdinance No. 5079, as amended, C ity of Waterloo Zoning O rdinance, by amending the O ffic ial Zoning Map referred to in S ection 10- 4-4, approving a rezone of c ertain property, located at 719 Wes t 6th S treet. Motion to sus pend the rules . Motion to c onsider and pas s for the third time and adopt s aid O rdinance. S ubmitted by:S ubmitted By: Noel Anderson, C ommunity P lanning & Development Direc tor R ec ommended Ac tion:Approval Trans mitted herewith is a request by S teven Hac kbarth to rezone approximately 1.05 acres of land from “R -3” Multiple R esidence Dis tric t and "C -2" C ommerc ial District to “C -1,C -Z” C onditional Zoning District, for the purpos es of es tablishing an antique store and one apartment unit in a former churc h building, loc ated at 719 West 6th S treet T he request c ould have a negative impac t on the surrounding neighborhood, as rezoning the land to a commerc ial us e would be allowing a commerc ial zoning district to encroac h into a predominately res identially zoned neighborhood. However, if the proper conditions are placed upon the c onditional zoning request, thos e c onditions could potentially mitigate the impac ts of the commerc ial us e on the abutting res idential neighborhood, and allow for the reus e of what would otherwis e be a vacant churc h building. T he area in ques tion is zoned “R -3” Multiple R esidence Dis tric t and "C -2" C ommerc ial District and has been zoned as s uc h s inc e the adoption of the Zoning O rdinance in 1969. S urrounding land us es and their zoning are as follows : Page 150 of 185 S ummary S tatement: North – S ingle-family and two-family res idenc es , zoned “R -3” Multiple R esidence Dis tric t. South – S ingle-family residences, zoned “R -3” Multiple R es idenc e District. East – S ingle-family and two-family residences, zoned “R -3” Multiple R esidence Dis tric t. West – Exis ting commerc ial and residential development, zoned “C -2” C ommerc ial District. No buffers would be required as a part of this rezoning request, however, the parking of vehicles next to the residential uses to the southeas t of the property could possibly negatively impac t thos e properties . S taff believes the property should be sc reened along the s outheasterly property line of the parking lot with a fenc e not les s than six feet in height. An antique shop would be c onsidered a retail us e, and this building is between 5,000 and 50,000 s quare feet, whic h requires one parking s tall 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 s talls are needed for this development. By looking at an aerial photo of the s ite, staff estimates there are 30 parking stalls on the s ite, whic h is an exc es s of s even stalls , therefore, it appears that all parking requirements are being met for the two uses. At the November 14, 2017 P lanning and Zoning C ommis s ion meeting, the C ommission unanimously rec ommended approval of the request with the following c onditions: 1. T hat there be a s olid six foot tall fence along the s outheasterly line of the parking lot to s creen it from the adjac ent residential use, loc ated at 817 Wellington S treet. 2. T hat the use be limited to an antique shop with one apartment. 3. T hat there is no outside s torage allowed on the premis es . 4. T hat sign regulations of the “C -1” C ommercial Dis tric t be required for the s ite. T he applic ant has signed an agreement to the c onditions of zoning, which is included in your attachments . Expenditure R equired:None S ource of F unds:N/A P olic y Issue:Zoning and Land Use Legal Desc riptions : Lots Nos. 6 and 7 and the Northwesterly 30 feet of Lot No. 8; all in Blac k No. 19 in Doe’s Addition to the Village (now C ity) of Waterloo, Iowa. And T hat part of Lot 9 and Lot 10 in Block No. 18 of Doe’s Addition, and vacated portions of Wes t S ixth S treet and Wellington S treet, all in the C ity of Waterloo, Iowa, desc ribed as follows: B eginning at the S outhwesterly corner of L ot 6 in B lock No. 19 of Doe’s Addition; thence North 34°04’10” East 140.88 feet along the Northwesterly line of said L ot 6 to the S outhwesterly line of the public alley in Block N o. 19; thence North 56°06’46” West 64.44 feet along an extension of said Page 151 of 185 S outhwesterly line of the public alley; thence Westerly 192.75 feet along a 612.96 foot radius curve concave Northerly with a long chord bearing S outh 69°46’27” West 191.96 feet; thence South 78°46’59” West 80.65 feet; thence S outh 56°03’27” East 153.73 feet, parallel to and 8 feet normally distant from the N ortheasterly line of B lock No. 4 in Miller ’s Addition; thence E asterly 117.71 feet along a 79.97 foot radius curve concave Southerly with a long chord bearing N orth 81°49’47” E ast 107.37 feet to the point of beginning. Page 152 of 185 November 14, 2017 801 Wellington St – R3 to C1CZ Page 1 of 3 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 DESCRIPTION: The applicant is requesting to rezone the property in question for the purposes of establishing an antique store and one apartment in a former church building, located at 801 Wellington Street. IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: The request could have a negative impact on the surrounding neighborhood or land use, 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. VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: The area is served by Wellington Street and West 6th Street, which are classified as Local Streets and Minor Arterials. There is also an alley access point to the property to the northeast from West 6 th 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 RECREATIONAL TRAIL PLAN AND COMPLETE STREETS POLICY: There are no recreational trails within the immediate vicinity of the rezone area, but the area is served extensively by sidewalks, which appear to meet the Complete Streets Policy. ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: The area in question is zoned “R-3” Multiple Residence District and has been zoned as such since the adoption of the 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. DEVELOPMENT HISTORY: The area is comprised of commercial and residential development, 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, 12Page 153 of 185 November 14, 2017 801 Wellington St – R3 to C1CZ Page 2 of 3 SCREENING REQUIRED: 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 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 0301F, dated July 18, 2011. PUBLIC /OPEN SPACES/ SCHOOLS: Sacred Heart Catholic School is located approximately two blocks to the north of the site in question at the intersection of West 5 th Street and Randolph Street. There are no parks within the immediate vicinity of the site in question. UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC: There is 4” drain tile and a 21” sanitary sewer West 6th Street, and an 8” sanitary sewer within Wellington Street. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: The Future Land Use Map designates this area as Mixed Residential; Low, Medium, High Density Residential, Professional 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 – ZONING ORDINANCE: Conditional Zoning may apply only to those cases which propose changing the zoning from an “R” Classification to a “C” or “S” 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 ho me 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 13Page 154 of 185 November 14, 2017 801 Wellington St – R3 to C1CZ Page 3 of 3 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 proposing to set an antique wagon on the vacant lot along West 5th 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 ORDINANCE: There is no platting requested with this item. STAFF RECOMMENDATION: Therefore, staff recommends that the request to rezone 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 impa ct 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. 14Page 155 of 185 WA T E R S T . LA F A Y E T T E S T . E. 7th S T . WA T E R S T . W. 10 t h S T . W. 6th S T . W. 9th S T . HENRY W. 12 t h S T . LI N W O O D A V E . W 1 1 t h S T . 218 W. 5th S T . VE R M O N T S T . V E R M O N T S T . W. 3rd S T . W. 2nd S T . W. 4th S T . W. 5th S T . W. 6th S T . W. 6 t h S T . W. 6th S T . W E S T E R N A V E . L O C U S T S T . B A L T I M O R E S T . D E N V E R S T . PLEASANT ST. JOHNSON W. 7th S T . W. 8th S T . AL L E N S T . JO H N S O N S T . LE A V I T T S T . WE L L I N G T O N S T . RA N D O L P H S T . HA M M O N D A V E . W. 4th S T . W. 3rd S T . W. 1s t S T . WE L L I N G T O N S T . ELMWOOD ST. C E D A R FEREDAY SO U T H S T . BERTCH AVE. BA Y A R D S T . AVE. WILLISTON AVE. DE N V E R S T . WE S T E R N A V E . BA L T I M O R E S T . FOREST AVE.W. 8 t h S T . BYRON AVE. RA N D O L P H S T . HO O V E R S T . HA M M O N D A V E . HAWTHORNE AVE. BERTCH AVE. WILLISTON AVE. W. 1 1 t h S T . OR E G O N S T . RA N D O L P H S T . W. 5th S T . ST. W. PA R K A V E . AVE. W. 3rd S T . W. 2n d S T . JE F F E R S O N S T . CO M M E R C I A L S T . CE D A R S T . OA K L A W N A V E . W. 11 t h S T . W. 6 t h S T . W. 7 t h S T . W. 9 t h S T . GLENNY AVE. AV E . SU N N Y S I D E A V E . W A S H I N G T O N S T . BL U F F SO U T H S T . W. MU L L A N A V E . LELAND UNIVERSITY AVE. WA S H I N G T O N S T . W. 2n d S T . WA S H I N G T O N S T . W. 5th S T . W. 9th S T . GR A N T A V E . BL U F F BL U F F S T . CT. AVE ST. AVE. VIR D E N BYRON CT. ST GRANT S T . W. PA R K W. 4th PA R K FRANCES DR. BL V D . HAMMONDCT. W. 8th S T . J.R . D R . W. 7th S T . WA S H I N G T O N S T . WA S H I N G T O N S T . AL L E N S T . G R A N T A V E . W. 6th S T . 63 Cedar River R-2 R-3 R-4 C-3 R-3 M-1 C-2 A-1 C-3M-1 R-4 M-2 R-1,R-P C-2 C-1 M-1R-4,R-P C-1 R-1,R-P R-4 C-2 C-2 C-1 R-3 C-1 R-1,R-P C-1 C-1,C-Z C-1 C-1,C-Z R-4,C-Z R-2,C-Z R-3,C-Z R-2,C-Z City of Waterloo Planning, Programming and Zoning CommissionNovember 14, 2017 801 Wellington StreetRezone R-3 to C-1,C-ZSteven Hackbarth 800 0 800400Feet µ ^ 15Page 156 of 185 West 6 t h S t r e e t City of Waterloo Planning, Programming and Zoning CommissionNovember 14, 2017 801 Wellington StreetRezone R-3 to C-1,C-ZSteven Hackbarth 75 0 7537.5 Feet µ Proposed Rezone Area Wel l i n g t o n S t r e e t West 5th Street Alle y 16Page 157 of 185 R-3 C-2 West 6 t h S t r e e t City of Waterloo Planning, Programming and Zoning CommissionNovember 14, 2017 801 Wellington StreetRezone R-3 to C-1,C-ZSteven Hackbarth 75 0 7537.5 Feet µ Proposed Rezone Area We l l i n g t o n S t r e e t West 5th Street Alle y 17Page 158 of 185 18 Pa g e 1 5 9 o f 1 8 5 19 Pa g e 1 6 0 o f 1 8 5 2 0 P a g e 1 6 1 o f 1 8 5 Rezone Request – 801 Wellington Street 801 Wellington Street. Looking at the existing parking lot to the southeast of the building. Looking at the rear of the building where there is additional parking from the alley. Looking at the existing parking lot to the southeast of the building with existing residential development visible in the background on Wellington Street. 21Page 162 of 185 Rezone Request – 801 Wellington Street Looking towards West 5th Street with existing commercial development visible in the background. Looking at the alley behind the building that has access onto West 5th Street. 22Page 163 of 185 Page 164 of 185 Page 165 of 185 CI TY OF WATER LOO Council Communication An ordinance amending O rdinanc e No. 5079, as amended, C ity of Waterloo Zoning O rdinanc e, by amending the O fficial Zoning Map referred to in S ec tion 10-4-4, approving a rezone of c ertain property, located at and adjacent to 200 Nevada S treet. City Council Meeting: 2/12/2018 Prepared: 1/17/2018 R EV I EWER S : Department R eviewer Action Date P lanning & Z oning S chroeder, Aric Approved 1/17/2018 - 11:08 AM C lerk O ffice Even, LeAnn Approved 1/17/2018 - 12:45 P M ATTA C H M EN TS: D escription Type Attachements - 200 Nevada St R ezone A1 to M1 C over M emo L egal Description B ackup Material S UB J E C T: Motion to rec eive, file, c onsider, and pas s for the third time and adopt an ordinanc e amending O rdinance No. 5079, as amended, C ity of Waterloo Zoning O rdinance, by amending the O ffic ial Zoning Map referred to in S ec tion 10-4-4, approving a rezone of c ertain property, located at and adjac ent to 200 Nevada S treet. S ubmitted by:S ubmitted By: Noel Anderson, C ommunity P lanning and Development Direc tor R ec ommended Ac tion:Approval S ummary S tatement: Trans mitted herewith is a request by Black Hawk Economic Development, Inc . to rezone approximately 3.49 ac res of land from "A-1" Agric ultural District to "M-1" Light Industrial District, located at and adjac ent to 200 Nevada S treet. T he applicant is reques ting to rezone the properties in ques tion to an industrial zoning to make exis ting indus trial uses a permitted us e and to allow for the expansion of existing us es and future industrial development. Ac cess to the areas in question can be gained from Dunham P lace and Nevada S treet, whic h both are classified as Loc al S treets. T hos e two s treets c onnect with Lafayette S treet to the north, which is classified as a Minor Arterial. Acc es s c an als o be gained from R ath S treet, whic h is Loc al S treet from Vinton S treet to the wes t, whic h is c las s ified as a Minor Arterial. T he area in ques tion is located within the Zone-X, 500 Year F loodplain, protected by the flood c ontrol levee, as indicated by the F ederal Insuranc e Adminis tration's F lood Insuranc e R ate Map, C ommunity Number 190025 and P anel Number 0302F, dated July 18, 2011. Page 166 of 185 T here are many indus trial busines s es loc ated within the “A-1” Agric ultural District and many of these busines s es want to expand or have expanded in the pas t. G E R ailcar, located at 200 Nevada S treet has done expans ions in the recent pas t, however, since they are in the “A-1” Agric ultural Dis tric t and c onsidered a legal non-c onforming use, they have had to go through the varianc e approval proc es s before the Board of Adjus tment to allow for the expansion of a legal non-c onforming use. T hos e particular varianc e reques ts for expans ion were approved by the Board of Adjus tment. T he exis ting railc ar us e would be a permitted us e within the “M-1” Light Indus trial District. R ezoning the areas in ques tion would allow for exis ting busines s es to expand without the need to go through a varianc e review process and make them permitted uses and open up new ground for indus trial development. Expenditure R equired:N/A S ource of F unds:N/A P olic y Issue:Land Use and Economic Development. Alternative:N/A Background Information: T his area c urrently has a large number of indus trial uses in the area that are zoned "A-1" Agric ultural Dis tric t and rezoning the land will avoid the need to apply for a varianc e through the Board of Adjustment to expand a legal non- c onforming use, and it will allow for new development to oc cur in the area. Legal Desc riptions :S ee Attac hed Page 167 of 185 December 5, 2017 200 Nevada St and Adj Land – A1 to M1 Page 1 of 3 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 DESCRIPTION: 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. IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: The request would not appear to have a negative impact upon the surrounding neighborhood and land use since the area is mostly comprised of industrial uses. There are some residences mixed in with the industrial uses in the vicinity just to the north of the railroad tracks. VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: 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 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. RELATIONSHIP TO RECREATIONAL TRAIL PLAN AND COMPLETE STREETS POLICY: The Cedar Valley Lakes Trail is located just south of the areas in question along the north side of the Cedar River. There are no sidewalks within the immediate vicinity and this area may not be well suited for sidewalks due to existing industrial development and 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 FOR SITE AND IMMEDIATE VICINITY: The area in question is zoned “A-1 Agricultural District and has been zoned as such since June of 1998 after it was rezoned from “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 HISTORY: The area is comprised of industrial and residential development, which was constructed in the early 1900s to the 1950s. 14Page 168 of 185 December 5, 2017 200 Nevada St and Adj Land – A1 to M1 Page 2 of 3 BUFFERS/ SCREENING REQUIRED: No buffers would be required as a part of this rezoning request. 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 SPACES/ SCHOOLS: There are no schools located within the immediate area of the rezone areas, and the Cedar River is located just to the south of the area in question. UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC: There is no storm sewer within the area. There is a 54” sanitary sewer located to the south along the north side of the Cedar River. There is a 36” sanitary sewer in Nevada Street that travels southward and connects into the 54” sanitary sewer along the river. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: The Future Land Use Map designates this area as Industrial, 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 – ZONING ORDINANCE: The areas in question are zoned “A-1” Agricultural District, however, there are multiple existing industrial uses that are 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 15Page 169 of 185 December 5, 2017 200 Nevada St and Adj Land – A1 to M1 Page 3 of 3 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 ORDINANCE: There is no platting requested with this item. STAFF RECOMMENDATION: Therefore, staff recommends that the request to rezone 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. 16Page 170 of 185 A-1 R-2 M-1 R-2 M-1 R-3 M-1 M-1 C-2 R-3 C-1 M-2 C-2 M-2 R-3 C-2 C-2 C-1 C-2 M-2 M-1 M-1 C-1 R-3 R-2,C-Z R-1,R-P C-1 R-2,C-Z R-4,R-P M-1 C-1,C-Z M-1 R-1,R-P C-1,C-Z C-2,C-Z R-3,C-Z R-2,C-Z R-2,C-Z C-P City of Waterloo Planning, Programming and Zoning CommissionDecember 5, 2017 200 Nevada StreetRezone A-1 to M-1Black Hawk Economic Devlopment,Inc.1,000 0 1,000500Feet µ ^ 17Page 171 of 185 WATER ST IN D I A N A S T EIGHMEY ST NE V A D A S T GL E N D A L E S T HOGL E S T DU N H A M P L CO L O R A D O S T LAFA Y E T T E S T N E V A D A S T NE V A D A S T GL E N D A L E S T IN D I A N A S T EIGHMEY ST DU N H A M P L 200 Nevada Street Cedar River City of Waterloo Planning, Programming and Zoning CommissionDecember 5, 2017 200 Nevada StreetRezone A-1 to M-1Black Hawk Economic Devlopment,Inc.250 0 250125Feet µ LegendRezoneArea 18Page 172 of 185 WATER ST IN D I A N A S T EIGHMEY ST NE V A D A S T GL E N D A L E S T HOGL E S T DU N H A M P L CO L O R A D O S T LAFA Y E T T E S T N E V A D A S T NE V A D A S T GL E N D A L E S T IN D I A N A S T EIGHMEY ST DU N H A M P L A-1 M-1 R-2 C-1 C-1,C-ZC-1 Cedar River City of Waterloo Planning, Programming and Zoning CommissionDecember 5, 2017 200 Nevada StreetRezone A-1 to M-1Black Hawk Economic Devlopment,Inc.250 0 250125Feet µ LegendRezoneArea 19Page 173 of 185 2 0 P a g e 1 7 4 o f 1 8 5 Rezoning Request – 200 Nevada Street and Adjacent Properties 200 Nevada Street. Looking north from 200 Nevada Street at where Nevada Street enters the site. Looking south from the end of Nevada Street. The area on the right is requested to be rezoned. Looking northwest from 200 Nevada Street at one of the parcels requested to be rezoned. 21Page 175 of 185 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 176 of 185 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 177 of 185 CI TY OF WATER LOO Council Communication An ordinance amending the 2008 Traffic C ode, S ection 540 - O bedienc e to O fficial Traffic-C ontrol Devic es , by deleting s ubsec tions (88) F irs t S treet (E) and Mulberry S treet - P re-timed and (90) F irst S treet (E) and S yc amore S treet - P re-Timed. City Council Meeting: 2/12/2018 Prepared: 1/30/2018 R EV I EWER S : Department R eviewer Action Date Traffic O perations Even, LeAnn Approved 1/25/2018 - 1:05 P M S UB J E C T: Motion to rec eive, file, c onsider and pas s for the sec ond time an ordinance amending the 2008 Traffic C ode, S ec tion 540 - O bedience to O ffic ial Traffic -C ontrol Devices, by deleting subs ection (88) F irst S treet (E) and Mulberry S treet- P re-timed and (90) F irst S treet (E) and S ycamore S treet - P re-Timed, as s ignals have been removed. Motion to sus pend the rules . Motion to c onsider and pas s for the third time and adopt s aid ordinanc e. S ubmitted by:S ubmitted By: S andie G rec o, Interim P ublic Works Director R ec ommended Ac tion:Adopt O rdinance S ummary S tatement:R ec onstruc tion of Hwy. 63 - I DO T 's rec ommendation was to remove signals at the above two locations. P olic y Issue:S trategy 2.2: Enlist all C ity departments and staff members in efforts to promote a s afer c ommunity. Background Information:S tudies were completed by I DO T on recommendation of removal of signals during rec onstruc tion of Hwy 63. Page 178 of 185 CI TY OF WATER LOO Council Communication An ordinance amending the 2008 Traffic C ode, S ection 543 - T hru S treets by deleting S ubsec tion (57) F irs t S treet (E) and adding in lieu thereof a new S ubsec tion (57) F irs t S treet (E). City Council Meeting: 2/12/2018 Prepared: 1/30/2018 R EV I EWER S : Department R eviewer Action Date Traffic O perations Even, LeAnn Approved 1/25/2018 - 12:58 P M S UB J E C T: Motion to rec eive, file, c onsider and pas s for the sec ond time an ordinance amending the 2008 Traffic C ode, S ec tion 543 - T hru S treets by deleting S ubs ection (57) F irst S treet (E) and adding in lieu thereof a new S ubs ection (57) F irs t S treet (E), as follows: (57) F irst S treet (E) - C edar R iver to F ranklin S treet exc ept for signals at Lafayette S treet and F ranklin S treet; and except S top signs at Mulberry S treet and S ycamore S treet. Motion to sus pend the rules . Motion to c onsider and pas s for the third time and adopt s aid ordinanc e. S ubmitted by:S ubmitted By: S andie G rec o, Interim P ublic Works Director R ec ommended Ac tion:Adopt O rdinance S ummary S tatement:R ec onstruc tion of Hwy. 63 - I DO T 's rec ommendation was to remove signals at the above loc ations and ins tall S top s igns . P olic y Issue:S trategy 2.2: Enlist all C ity departments and staff members in efforts to promote a s afer c ommunity. Page 179 of 185 CI TY OF WATER LOO Council Communication Waterloo Water Works Board of Trustees meeting minutes of January 17, 2018. City Council Meeting: 2/12/2018 Prepared: 2/1/2018 R EV I EWER S : Department R eviewer Action Date Water Works M ahler, Matt Approved 2/1/2018 - 4:01 P M C lerk O ffice Higby, N ancy Approved 2/6/2018 - 10:53 AM ATTA C H M EN TS: D escription Type L E G AL N O T I C E O F M I N U T E S F O R C O U R I E R - January 2018 C over M emo S UB J E C T:Waterloo Water Works Board of Trus tees meeting minutes of January 17, 2018. S ubmitted by:S ubmitted By: Matt Mahler, G eneral Manager Page 180 of 185 Board of Water Works Trustees held their regular meeting on Wednesday, January 17, 2018, with Mary Potter, Chairman Pro-Tem, Scott Wienands, Trustee; Ron G. Welper; Trustee; present. Also in attendance: Bruce Jacobs, Council Liaison, Steve Schmitt, Council Liaison, Rick Wilberding, Distribution Department Manager, and Matthew L. Mahler, General Manager and Secretary. The Board approved to adopt: the agenda; Oath of Office for Trustee Ron G. Welper; election of officers; the minutes of the regular meeting of December 20, 2017; to receive and place on file an oral presentation by Cherie Pichone; the Monthly Financial Report; the Monthly Revenue and Expense Summary; a resolution naming depositories of Waterloo Water Works’ funds; a motion to authorize publication of 2017 employee earnings as required by Iowa Code Chapter 388.4 as follows: Anderson, Chavonne $46,369.82; Averill, Merle $66,924.70; Blough, Barry $61,644.23; Burton, Carol $31,033.63; Clark, Dennis $92,894.97; Conkling, Jason $68,258.66; Cunningham, David $75,150.84; Fagerlind, Ross $66,127.29; Fisher, Shawn $71,484.78; Frost, Leo $2,751.00; Furman, Jeremy $594.50; Gustafson, Michael $68,815.93; Holtzman, Jamie $44,036.64; Johnson, Brian $76,657.43; Kerns, Steven $75,387.55; Kloster, Douglas $72,451.13; Larson, Travis $81,028.27; Mahler, Matthew $115,846.79; Manahl, Carla $46,543.35; Manahl, Ryan $70,982.51; Manning, Jason $66,056.28; Moody, Joe $61,732.69; Moore, Stephanie $54,982.50; Morgan, Mark $57,957.74; O’Connor, Pam $46,588.18; Parham, Brenda $42,684.84; Perez-Vargas, Maria $42,639.03; Ratkovich, Mary $84,360.39; Robeson, Randy $68,620.44; Robbins, Timothy $93,131.16; Samardzic, Said $65,945.06; Shepherd, Annette $44,449.63; Shumaker, Kenneth $65,322.67; Smutz, Gabriel $4,306.52; Stephens, Amber $43,605.76; Vogel, Wes $63,051.76; Wedemeier, Marshall $43,262.51; Wilberding, Richard $93,165.05; Wise, Toriel $62,274.56. The Board also approved to adopt: a resolution to authorize to seek informal bids and to authorize the purchase of fire hydrants, hydrant flags, and hydrant repair and maintenance parts; a motion to authorize the request for bids for pipe, valves and fittings; a motion to authorize the request of bids for a ¾-ton truck; a motion to authorize the request of bids for a 1-ton truck with service body; a resolution to authorize the purchase of Distribution Department Capital/Extraordinary items including miscellaneous small equipment for distribution and meter service, safety equipment, and backflow equipment as needed; a resolution to authorize the purchase of building and site maintenance on well houses, grounds, and Pumping Station as needed; a resolution to authorize to purchase SCADA, radio and sensor upgrades as needed; a resolution to authorize to purchase computer and printer equipment as needed; a resolution to authorize to purchase miscellaneous office equipment, security, and building and ground improvements as needed; a resolution to authorize continued development of GIS-CMMS-Mapping-Modeling-Document Management and to purchase equipment, software and services as needed; a resolution to authorize Hogan-Hansen to conduct the annual audit for the 2017 calendar year; a motion to receive and place on file the December 2017 Ames Water Rate study; and to set the date of the next regular Board meeting as Wednesday, February 21, 2018 at 8:45 a.m. Payment of the following bills: ABM Janitorial Services 1,041.50 Acco Unlimited Supplies 13,552.80 Advanced Systems Services & Laserfiche Annual Support 3,586.06 AECOM Technical Services Project 15,041.83 Airgas USA Supplies 713.00 All Star Plumbing & Heating Repairs 2,584.37 Allen Memorial Hospital Services 115.00 Alliance Benefit Group Services 185.00 Aramark Uniform Services 246.14 Aspro Supplies 2,080.35 Automotive Service Solutions Services 1,098.67 AWWA Membership Dues 230.00 B & B Builders & Supply Project 69,220.80 Black Hawk County Auditor Water & Sewer Bond 3,795.01 Page 181 of 185 Black Hawk Electrical Services 43,475.23 Black Hawk Waste Disposal Services 104.00 Blackhawk Automatic Sprinklers Services 4,000.00 BMC Aggregates Supplies 4,892.21 Campbell Supply Supplies 314.78 Cardinal Construction Services 9,190.00 CDW Government Supplies 157.93 Cedar Valley Sportsplex Payroll Deduction 302.49 Cedar Valley United Way Payroll Deduction 85.00 CenturyLink Services 426.12 Charles Schwab Institutional Pension 46,903.44 City of Raymond Sewer, Garbage & Yard Waste 19,581.93 City of Waterloo Project 47,068.72 City of Waterloo Sewer, Garbage & Storm Water 789,282.55 City of Waterloo Semiannual Phone Charges 722.40 Clapsaddle-Garber Assoc. Services 690.00 Cogsdale Corp. CIS Annual Software Renewal & Upgrades 61,396.69 Conkling, Jason Reimbursement 21.50 Courier Communications Legal Ad 73.92 Crescent Electric Supplies 145.87 Crossroads Auto Repair Services 550.55 D & J Oil Supplies 549.78 Dell Marketing Supplies 725.00 Dex Media East Services 33.50 Electronic Engineering Services & Supplies 395.40 EMA, Inc. Consulting Services 620.00 Fifth Street Tire Supplies 555.36 Foster’s Supplies 114.88 Frickson Bros. Excavating Repairs 5,187.50 Gierke-Robinson Supplies 235.79 Greater Cedar Valley Alliance Annual Membership Dues 429.00 Guam Trucking Supplies 1,200.00 Gustafson, Michael Reimbursement 59.00 Hach Co. Services 41,242.89 Hawkeye Alarm Signal Services 178.00 Hogan-Hansen Services 479.40 HyVee Supplies 7.92 Iowa Dept. of Natural Resources Operator fees 60.00 Iowa Division of Labor Service Services 270.00 Iowa Groundwater Assoc. Annual Membership Dues 30.00 Iowa Municipalities Workers’ Compensation Insurance 4,249.00 Iowa One Call Services 466.20 IPERS Pension 13,665.96 IWI Motor Parts Supplies 326.15 Karen’s Print-Rite Supplies 9.85 Kelly Services Clerical Services 1,197.00 Kerns, Steve Reimbursement 50.00 Keystone Lab Testing 2,338.50 Kirkwood Community College Operator Courses 330.00 Kwik Trip Fuel 3,396.79 Larson, Travis Reimbursement 50.00 Manatt’s Supplies 460.00 Menards Supplies 1,993.89 MidAmerican Energy Gas, Power & Electric 58,801.96 Morris Enterprises Project 51,628.70 Municipal Supply Supplies 1,454.46 Murphy Tractor & Equipment Services 588.76 Mutual Wheel Supplies 39.80 Napa Auto Parts Supplies 147.70 Nutri-Ject Systems Services 85.00 Page 182 of 185 P & K Midwest Supplies 23.54 Payroll 105,775.43 Postmaster Business Reply Permit 225.00 Professional Office Services Services 7,832.93 Public Employees Credit Union Payroll Deduction 9,455.00 R Company Repairs 16,345.00 Radio Communications Services 126.00 Rally Appraisal LLC Services 3,600.00 Ramsey Truck & Auto Repair Services 463.38 Refunds 4,533.75 Rochester Armored Car Services 469.52 Schimberg Co. Supplies 3,622.47 Scot’s Supply Supplies 198.69 Sensus USA Services 25,060.45 Service Signing Services 550.00 SJE-Rhombus Project 45,473.00 Snyder & Associates Project 1,104.83 State of Iowa Treasurer Sales Tax 45,269.00 Storey Kenworthy Supplies 1,199.62 Sun Life Financial Insurance 7,046.07 Swisher & Cohrt, P.L.C. Legal Services 92.50 Teamster Local Union #238 Payroll Deduction 990.00 Titan Machinery Supplies 295.50 Total Backflow Resources Certification Registration 1,250.00 Treasurer, State of Iowa State Tax 7,876.00 Tri State Tool Sharpening Services 168.35 U.S. Cellular Services 64.26 Unity Point Finley Occupational Health Services 27.00 UnityPoint Clinic-Occupational Medicine Services 37.00 US Dept. of Treasurer Federal Tax 48,571.63 Utility Equipment Supplies 5,665.97 Van Wert, Inc. Services 5,527.90 Voya Institutional Trust Payroll Deduction 7,854.00 Watco Construction Services 1,900.00 Waterloo Water Works Reimbursement 8,225.65 Wayne Claassen Engineering Services 32,980.75 WBC Mechanical Supplies 80.14 Wellmark Blue Cross Blue Shield Insurance 58,566.69 Wilberding, Rick Reimbursement 50.00 Witham Auto Center Supplies 138.12 $1,795,264.14 WATERLOO WATER WORKS ATTEST: _____Matthew L. Mahler ____ Secretary Page 183 of 185 CI TY OF WATER LOO Council Communication C ommunication from the Waterloo P ublic Works S treet Department on the notic e of the c onc lusion of employment for R obert Morelock, S treet F oreman, effective January 26, 2018 with rec ommendation of approval of payout of $8,034.67 for unus ed benefits. City Council Meeting: 2/12/2018 Prepared: R EV I EWER S : Department R eviewer Action Date C lerk O ffice Higby, N ancy Approved 2/6/2018 - 10:54 AM Human Resources Dunn, L ance Approved 1/31/2018 - 5:31 P M ATTA C H M EN TS: D escription Type S UB J E C T: C ommunic ation from the Waterloo P ublic Works S treet Department on the notic e of the c onc lusion of employment for R obert Morelock, S treet F oreman, effective January 26, 2018 with rec ommendation of approval of payout of $8,034.67 for unus ed benefits. S ubmitted by:S ubmitted By: Page 184 of 185 P a g e 1 8 5 o f 1 8 5