HomeMy WebLinkAboutCouncil Packet - 2/19/2018THE 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 19, 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 309
Roll Call.
Prayer or Moment of Silence
Pledge of Allegiance
Mayor Quentin Hart
Agenda, as proposed or amended.
Minute s of Fe bruary 12, 2018 Re gular Session, as proposed.
Recognize Optimist Youth Basketball Coache s and Playe rs of the Year.
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 setting a date of public hearing as March 5, 2018 to approve the
request by C R F Rentals for a site plan amendment to the “C-P” Planned
Commercial District for construction of a 36’ X 144’ 5,184 square foot Commercial
building located south of 2911 Southland Drive and instruct City Clerk to publish
said notice.
Submitted By: Noel Anderson, Community Planning & Development Director
3.Resolution setting date of public hearing as March 5, 2018, for a request by
Michael Crane to vacate a platted 20’ utility easement located along the southerly
property line, for construction of a 12’ X 16’ 192 square foot shed, located at 235
Niagara Drive, and instruct City Clerk to publish said notice.
Submitted By: Noel Anderson, Community Planning & Development Director
4.Resolution setting date of hearing as March 5, 2018 for the approval of a
Development Agreement with Iowa Heartland Habitat for Humanity, which
includes the sale of seven parcels of land in the Walnut Neighborhood, acquisition
of a parcel in the Church Row Neighborhood, $28,000 to acquire additional
properties in the Walnut Neighborhood, and the construction of homes in
the area, and instruct City Clerk to publish notice.
Page 2 of 309
Submitted By: Noel Anderson, Community Planning & Development Director
5.Resolution setting date of public hearing as February 26, 2018, for adoption of the
F Y 2019-2023 Capital Improvements Program for the City of Waterloo, and
authorize City Clerk to publish said notice.
Submitted By: Noel Anderson, Community Planning and Development Director
6.Resolution approving Order accepting Acknowledgment/Settlement Agreement
and check for $1,500.00 from Casey's, 1604 LaPorte Road, Waterloo, Iowa for
sale of tobacco to minor violation-2nd offense.
Submitted By: David R. Zellhoefer, City Attorney
7.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 with a tax rate
of 18.18863%.
Submitted By: Michelle Weidner, Chief Financial Officer
8.Resolution setting date of public hearing as February 26, 2018 on the proposed
issuance of not to exceed $11.5 million General Obligation Bonds, for essential
corporate purposes, and instruct City Clerk to publish notice thereof.
Submitted By: Michelle Weidner, Chief Financial Officer
9.Resolution approving preliminary specifications, bid document, form of contract,
and estimate of cost, etc., and setting date of bid opening as March 8, 2018 and
date of public hearing as March 12, 2018, for 5th and 6th Streets Systemic Traffic
Safety Improvements, and instruct City Clerk to publish notice.
Submitted By: Sandie Greco, Interim Public Works Director
10.Resolution preliminarily approving plans, specifications, form of contract, etc. and
setting date of bid opening as March 8, 2018 and date of public hearing as March
12, 2018 for the purchase of one (1) automated side-load garbage truck and
instruct City Clerk to publish notice of plans, specifications, form of contract, etc.
Submitted By:Sandie Greco, Interim Public Works Director
B.Motion to approve the following:
1.T R AV EL RE QUE STS
a.Wayne Castle , Associate City Engine er
Class/Meeting: Society of Land Surveyors of Iowa - 2018 Conference.
Destination: Ames, Iowa
Dates: March 8-9, 2018 Amount not to exceed: $400.00
b.Noel Anderson, Community Planning & Dev elopme nt Director
Class/Meeting: 2018 Cedar Valley Coalition
Destination: Washington, DC
Dates: April 23-25, 2018 Amount not to exceed: $2,065.00
c.Lt. Fangman, Sgt. Bose , Sgt. Camarata, Inv. Fre in, Officers: Koontz,
Watson, Ehle rs, Gann, Nisse n
Class/Meeting: Constitutional Use of Force
Destination: Waterloo, IA
Dates: March 19, 2018 Amount not to exceed: $1,161.00
2.L I QUOR LI CE N SE S
Page 3 of 309
a.Buzz's Bar, 1016 Maynard Av enue
Class: C Liquor/Outdoor Service
Renewal Application Includes Sunday
Expiration Date: 3/14/2019
b.Dollar Ge ne ral, 3815 Univ ersity Av enue
Class: B Wine/C Beer
Renewal Application Includes Sunday
Expiration Date: 2/28/2019
c.Dollar Ge ne ral, 3815 Univ ersity Av enue
Class: B Wine/C Beer
Renewal Application Includes Sunday
Expiration Date: 3/1/2019
d.El Se nor Tequila Nightclub, 118-120 E. 11th Stree t
Class: C Liquor/Outdoor Service
Renewal Application Includes Sunday
Expiration Date: 2/18/2019
e.Hy Ve e Food & Drugstore #3, 1422 Flammang Drive
Class: B Native Wine/C Beer/E Liquor
Renewal Application Includes Sunday
Expiration Date: 2/8/2019
f.Hy -Ve e Marke t Cafe #3, 1422 Flammang Drive
Class: C Liquor/Catering
Renewal Application Includes Sunday
Expiration Date: 3/15/2019
g.Sky, 501 Sycamore St.
Class: C Liquor
Renewal Application Includes Sunday
Expiration Date: 12/14/2018
3.A PP OI NTME N T S
a.Brandon Schoborg
Board/Commission: General Contractors Board of Licensing, Examiners &
Appeals
Expiration Date: 02/19/2021
New Appointment
b.Quinton Richardson
Board/Commission: Human Rights Commission
Expiration Date: 02/12/2019
New Appointment
PUBLI C H EARI NGS
2.FY 2018 Univ ersity Av enue - Phase I , from Gree nhill Road to Eve rgre en
Page 4 of 309
Ave nue, Contract 933.
Motion to receive and file proof of publication of notice of public hearing.
HOLD H EARIN G - No comments on file.
Motion to close hearing and receive and file oral and written comments.
Resolution confirming approval of plans, specifications, form of contract, estimate of
cost, etc.
Resolution authorizing to proceed.
Motion to receive, file and instruct City Clerk to read bids and refer to City Engineer for
review.
Submitted By: Jeff Bales, Associate Engineer
R ES OLUTI ON S
3.Resolution approving and Agreement with the Iowa Department of Transportation,
Chicago Central Railroad Company, and Pacific Railroad Company, for the Conger
Street Railroad Crossing Surface Repair Project, with the City's share of the cost
totaling $41,500.00, and authorize Mayor to execute said agreement.
Submitted By: Jeff Bales, Associate Engineer
4.Resolution approving an agreement with the Iowa Department of Transportation,
Chicago Central Railroad Company, and Pacific Railroad Company, for the West
Donald Street Railroad Crossing Surface Repair project, with the City's share of the
cost totaling $24,000.00, and authorize Mayor to execute said agreement.
Submitted By: Jeff Bales, Associate Engineer
5.Resolution approving an agreement with the Iowa Department of Transportation,
Chicago Central Railroad Company, and Pacific Railroad Company, for West Parker
Street Railroad Crossing Surface Repair Project, with the city share of the cost totaling
$57,000.00, and authorize the Mayor to execute said agreement.
Submitted By: Jeff Bales, Associate Engineer
6.Resolution approving Professional Service Agreement with AE C OM Technical
Services, Inc. for an amount not to exceed $53,800 in conjunction with the F Y 2018
Bridge and Culvert Repairs, Contract No. 950 and authorize the Mayor to execute said
document.
Submitted By: Wayne Castle, PL S, P E, Associate Engineer
7.Resolution approving Supplemental Agreement No. 1 with AE C OM Technical Services,
Inc. of Waterloo, Iowa, in the amount of $4,000, in conjunction with Runway 6/24, and
authorize the Mayor to execute said document.
Submitted By: Keith Kaspari, Airport Director
8.Resolution approving Supplemental Agreement No. 1 to the Professional Services
Agreement with HR Green Company of Cedar Rapids, Iowa, in the amount of $5,300 in
conjunction with the former Chamberlain site redevelopment planning, and authorize the
Mayor to execute said document.
Submitted By: Noel Anderson, Community Planning & Development Director
9.Resolution approving a request by CGA Engineers on behalf of BCS Properties, LL C
Page 5 of 309
for the preliminary plat of Village West 2nd Addition, a three lot commercial subdivision,
located at the northeast corner of Highway 63 and West Ridgeway Avenue.
Submitted By: Noel Anderson, Community Planning and Development Director
10.Resolution approving an Amendment to the Development Agreement with Central
Property Holdings, L LC, to alter the structure of the parking lot acquisition for the
Grocery Store project located at East 2nd Street and Franklin Street, and authorize the
Mayor and City Clerk to execute all necessary documents.
Submitted By: Noel Anderson, Community Planning & Development Director
ORDI NANCE S
11.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 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 719 West 6th Street.
Submitted By: Noel Anderson, Community Planning & 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 third time and adopt 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.
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 third time and adopt 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.
Submitted By: Sandie Greco, Interim Public Works Director
OTHE R COU N C I L B U SI NE SS
14.Motion approv ing Change Orde r No. 1, for a ne t incre ase of $8,454.00, for
ongoing ex terior improv ements to Hangar No. 4 at the Waterloo Regional
Airport, and authorize the Mayor to ex ecute said docume nt.
Page 6 of 309
Submitted By: Keith Kaspari, Airport 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 19, Harold E. Getty Council Chambers
5:10 p.m. Finance Committee, Monday, February 19, Harold E. Getty Council Chambers
5:00 p.m. Work Session, Tuesday, February 20, Harold E. Getty Council Chambers
PUBLI C I N F ORMATI ON
1.Waterloo Housing Authority Board Minutes of January 16, 2018.
2.Planning, Programming & Zoning Minutes of January 9, 2018.
3.Communication from the Waterloo Fire Rescue Department on the notice of the
conclusion of employment for Carl Reninger, 24 Hour Captain, effective February 2,
2018 with recommendation of approval of payout of $19,121.52 for unused benefits.
4.Certified List for the position of Clerk II for the City of Waterloo, Iowa, as certified by the
Civil Service Commission on February 2, 2018.
5.Certified List for the position of Property/Evidence Coordinator for the City of Waterloo,
Iowa Police Department as certified by the Civil Service Commission on February 2,
2018.
Page 7 of 309
CI TY OF WATER LOO
Council Communication
Mayor Q uentin Hart
City Council Meeting: 2/19/2018
Prepared:
R EV I EWER S :
Department R eviewer Action Date
C lerk O ffice F elchle, Kelley Approved 2/14/2018 - 2:54 P M
S ubmitted by:S ubmitted By:
Page 8 of 309
CI TY OF WATER LOO
Council Communication
Minutes of F ebruary 12, 2018 R egular S ession, as proposed.
City Council Meeting: 2/19/2018
Prepared:
R EV I EWER S :
Department R eviewer Action Date
C lerk O ffice F elchle, Kelley Approved 2/14/2018 - 2:51 P M
ATTA C H M EN TS:
D escription Type
Minutes of February 12, 2018 B ackup Material
S ubmitted by:S ubmitted By:
Page 9 of 309
February 12, 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 12, 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: Eric Thorson, City Engineer
146533 - Juon/Schmitt
that the Agenda, as amended, by removing item 1.A.4., Resolution setting the date of public hearing
as March 8, 2018 to approve the FYE2019 budget and instruct City Clerk to publish said notice, for
the Regular Session on Monday, February 12, 2018, at 5:30 p.m., be accepted and approved. Voice
vote-Ayes: Six. Nays: One (Morrissey). Motion carried.
Mr. Morrissey commented that the agenda amendment should also include an addition to the agenda
to allow for the reconsideration of the appointment of John Oehlrich to the Central Garage. He
further explained how he views the hiring process works.
146534 - Juon/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, February 5, 2018, at 5:30 p.m.,
be accepted and approved. Voice vote-Ayes: Six. Nays: One (Morrissey). Motion carried.
Recognition and swearing in of three (3) Waterloo Fire Rescue Fire Recruits - Benjamin Lowe,
Bradley Abraham and Elliott Moeller.
ORAL PRESENTATIONS
John Oehlrich, 1111 Forest Avenue, explained that since council voted against his appointment on
February 5, 2018 he is now unemployed and asked council reconsider his appointment.
Daryl Hartema, 158 Fletch Road, asked councilmembers who did not attend the Budget Work
Session on Saturday, February 10, 2018 to meet with the Interim Public Works Director about
Central Garage Operations and encouraged council to do their research prior to voting on an issue.
Don Colvin, 1223 Rainbow Drive, expressed disappointment with council for choosing to not hire
John Oehlrich.
Marcia Buttgen, 1510 Lyon Avenue, spoke in favor of hiring John Oehlrich and read a statement she
sent to the council and City Clerk asking council to reconsider hiring John Oehlrich.
Don Share, 1415 Downing Avenue, suggested that the city fix the hiring process and to hire Mr.
Oehlrich.
Jim Chapman, 224 Bertch, commented that he could see where Mr. Oehlrich is coming from and
stated that he supports sending smaller vehicles out for oil changes at private businesses.
Ashley Boquist, 416 Shirley Avenue, urged council to hire Mr. Oehlrich.
Michael Boquist, 416 Shirley Avenue, asked the council to reconsider their vote.
John Sherbon, 1715 Robin Road, commented that the council should not have to vote for an
individual again and understood that council members are voting by what they think is right. He
further commented that he hopes that the city can reevaluate the process, do what they can for Mr.
Oehlrich, and find healing.
Cindy Lyons, 530 Magnolia Parkway, commented that it is not a sin to make a mistake but that it is a
sin to not rectify a mistake and asked council to hire Mr. Oehlrich.
Josh Powers, 5721 Blue Sage Road, commented on the need to hire Mr. Oehlrich and that it would
be more efficient to do maintenance in house.
Page 10 of 309
February 12, 2018
Page 2
Bruce Kaesser, 500 Sycamore Street, commented that he is upset that council chose not to hire Mr.
Oehlrich.
Mrs. Juon read a statement regarding not hiring Mr. Oehlrich and apologized for not speaking up
during the meeting. She further asked the Mayor to review and adopt a hiring process that reflects
the processes used by other large cities.
Mr. Morrissey asked fellow council members to reconsider their vote to not hire Mr. Oehlrich. He
further commented that he believes the vote was out of order.
Mayor Hart commented that four councilmembers voted not to hire Mr. Oehlrich
Mr. Amos explained that he believes the choice to not hire Mr. Oehlrich was used by members of
council to vote on lowering taxes. He noted that residents of his ward do not call him to complain
about taxes and that the council has an obligation to the community to ensure the citizens have the
services they need.
Mr. Schmitt requested that individuals from third and fourth ward get on the list for new lights.
146535 - Juon/Schmitt
that the above oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion
carried.
CONSENT AGENDA
146536 - Juon/Schmitt
that the following items on the consent agenda be received, placed on file and approved:
a. Resolutions to approve the following:
1. Resolution approving Finance Committee Invoice Summary Report, dated February 12,
2018, in the amount of $2,512,095.72 a copy of which is on file in the City Clerk’s office,
together with recommendation of approval of the Finance Committee.
Resolution adopted and upon approval by Mayor assigned No. 2018-75.
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
Resolution adopted and upon approval by Mayor assigned No. 2018-76
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.
Resolution adopted and upon approval by Mayor assigned No. 2018-77
4. 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.
Resolution adopted and upon approval by Mayor assigned No. 2018-78
5. 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.
Page 11 of 309
February 12, 2018
Page 3
Resolution adopted and upon approval by Mayor assigned No. 2018-79
6. 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
TIF 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.
Resolution adopted and upon approval by Mayor assigned No. 2018-80
b. Motion to approve the following:
1. Travel Requests
Name & Title
of Personnel Class/Meeting Destination Date(s)
Amount
not to
Exceed
a. Eric Thorson, City
Engineer
2018 American Public
Works Association Spring
Conference
West Des
Moines, IA
April 5-6,
2018
$525.00
b. Sgt. Erie,
Inv. Gergen,
P.O. M. Girsch
International Law
Enforcement Educators and
Trainers Association
Training Conference
St. Louis,
MO
March 19-
23, 2018
$1,291.00
c. Adam Wendling,
Paramedic
Advanced Cardiac Life
Support Instructor Course
Iowa City,
IA
February
14, 2018
$175.00
d. Sgt. Rasmussen Less Lethal Instructor
Development
Recertification
Pine City,
MN
April 3-4,
2018
$908.00
2. Approved Beer, Liquor, and Wine Applications
Name & Address of Business Class New or
Renewal
Expiration
Date
Includes
Sunday
a. Babes Tap, 210 Division
Street
C Liquor License Renewal 3/14/2019
b. Elitte Cafe Bar, 1108
Jefferson Street
C Liquor License Renewal 2/7/2019 x
c. Prime Mart, 3535 Marigold
Drive
B Wine/C Beer/E
Liquor
Renewal 1/19/19 x
d. The Other Place, 360 E.
Ridgeway Avenue
C Liquor License Renewal 1/25/2019 x
Mr. Schmitt requested the board appointments 1.B.3.A-E be removed from the consent agenda.
Roll call vote-Ayes: Seven. Motion carried.
APPOINTMENTS
146537 - Juon/Morrissey
1.B.3. A-E. Mayor Hart’s recommendation of the following appointments:
Appointee Board/Commission Expiration
Date
New or
Re-Appointment
Bob Bamsey Leisure Services
Commission 3/1/2021 New
Tom Powers Leisure Services
Commission 3/1/2020 New
Jadyn Spencer Leisure Services
Commission 3/1/2021 New
Page 12 of 309
February 12, 2018
Page 4
Marty Freshwater
Heating, Ventilation &
Air Conditioning
Mechanical Board for
Licensing & Appeals
2/12/2021 New
Jeffrey Thompson
Heating, Ventilation &
Air Conditioning
Mechanical Board for
Licensing & Appeals
2/12/2021 New
Mr. Schmitt questioned if the sub committees of council have been removed completely and who
made the decision to remove the committees.
Mayor Hart explained that at the beginning of the year, he chose not to appoint members of council to
standing committees and instead to create task forces for council and staff to study issues such as
reorganization and traffic monitoring system. He explained that with board appointments the
committee met and the whole council voted on the appointments in the same night.
Mr. Schmitt stated that he does not want to see subcommittee meetings go away because it allows
council an opportunity to ask questions prior to the council meeting and is wondering who has the
authority to do away with the subcommittees.
Mr. Morrissey commented that he is aware and supportive of the Mayor wanting to streamline
standing committee items that could be handled during council meetings. He further commented that
he reviewed the attached documents for the potential candidates, believes they are quality candidates
and asked that council move forward with appointment.
Paul Huting, Leisure Services Director, explained that the Leisure Services Commission will have an
organizational meeting in March and would like to have the appointments confirmed so that they can
have a full board for the election of officers.
Mr. Schmitt commented that, for a number of years, individuals have applied to be on Leisure Services
Commissions and have not been appointed. He further stated that the subcommittee meetings allow
for more transparency.
Mayor Hart stated that in his two years as mayor there has never been more diversity, including, age,
ethnicity, and professional experience placed on city boards and commissions and explained that he
will do his best to continue keeping council informed on changes to standing committees but that he is
trying to do something different to help improve the city.
Mrs. Juon commented that it seems redundant to approve committee members at the board level and
then to come back to full council in the same night for review by council again.
Mr. Shimp asked for clarification on the duties of the Leisure Services Commission.
Paul Huting explained that the Leisure Services Commission is an advisory board, they vet fees and
contracts and make a recommendation to council. He also stated that he is not aware of a backlog of
applications and that one committee member ended their service early, which is why three
appointments are appearing on the agenda. He further expressed support for the candidates.
Mr. Schmitt questioned the degree to which they are vetted. He stated that one of the candidates has
outstanding legal issues and expressed concerns for appointing that individual.
Paul Huting explained that he is not aware of a background check being done on commission
members.
Mr. Morrissey commented that he is aware of all of the candidates and has not heard of any
outstanding legal issues.
Mrs. Juon commented that council has had access to the agendas since last Wednesday and that
council owes it to staff to bring up concerns so that they can check it out ahead of time rather than
making an accusation during a council meeting.
146538 - Shimp/Morrissey
Page 13 of 309
February 12, 2018
Page 5
to call the question. Roll call vote-Ayes: Seven. Motion carried.
Roll call vote-Ayes: Four. Nays: One (Schmitt). Abstain: One (Klein) Motion carried. Abstain klein
on powers Schmitt no powers.
RESOLUTIONS
146539 - Shimp/Morrissey
that “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”, be adopted. Roll call vote-Ayes: Seven. Motion carried.
David Dreyer, 3145 W. 4th Street, requested clarification on why the cost of the drone is so high.
Pat Treloar, Fire Chief, explained that the grant amount is a high estimate.
Mr. Shimp questioned if employees will be trained to fly the drone.
Pat Treloar explained that it would need to be insured with pilots with policies.
Resolution adopted and upon approval by Mayor assigned No. 2018-81
146540 - Shimp/Morrissey
that “Resolution approving submission of application for the 2017 Governor's Traffic Safety Bureau
Impaired Driving Countermeasures Grant”, be adopted. Roll call vote-Ayes: Seven. Motion
carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-82
146541 - Shimp/Morrissey
that “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”, be adopted. Roll call vote-Ayes: Seven. Motion
carried.
Mr. Jacobs requested an overview of the Greenbelt Centre Plat.
Eric Thorson, City Engineer, provided an overview of the Greenbelt Centre Plat.
Resolution adopted and upon approval by Mayor assigned No. 2018-83
146542 - Shimp/Morrissey
that “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”, be adopted. Roll call vote-Ayes: Seven. Motion
carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-84
146543 - Shimp/Morrissey
that “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”, be adopted. Roll call vote-Ayes: Seven. Motion
carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-85
Page 14 of 309
February 12, 2018
Page 6
146544 - Morrissey/Shimp
that “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”, be adopted. Roll call vote-Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-86
146545 - Morrissey/Shimp
that “Resolution approving the Fourth Amendment to Development Agreement with Deer Creek
Development, LLC 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”, be adopted. Roll call vote-Ayes: Seven. Motion carried.
Noel Anderson, Community Planning and Development Director, provided an overview of the
agreement.
Mike Youngblut, 401 Rosebay, Hudson, provided an overview of the request.
Mr. Shimp questioned the timeline of the project.
Mike Youngblut explained that they are continuing to move forward with the project.
Mrs. Klein questioned if the city can go through a condemnation process for the property.
Noel Anderson explained the work Dave Zellhoefer and city staff did to get the state to change a law
to allow cities to acquire property through 657A. He further explained that all groups including the
Mesquawki Tribe are at the table working through the issues.
Mr. Jacobs encouraged council to support the item and work to develop the area while until the
issues with the Greyhound Park are unresolved.
Mike Youngblut noted that the Greyhould Park has recently been assessed property taxes.
Noel Anderson noted that the Greyhound Park is already in the TIF district.
Mrs. Juon questioned what else would be included in the agreement.
Noel Anderson explained repayment process.
Mr. Schmitt’s comments on serving on board.
Resolution adopted and upon approval by Mayor assigned No. 2018-87
146546 - Shimp/Morrissey
that “Resolution approving settlement agreement with Mark Brandes and authorize Mayor to execute
said agreement”, be adopted. Roll call vote-Ayes: Seven. Motion carried.
Forest Dillavou, 1725 Huntington Road, commented that the item does not include a dollar amount,
questioned why the individual’s name was included and stated that in all of the years he has been
coming to the meetings a name has never been included on settlement agreements with employees.
Kelley Felchle, City Clerk, explained that she researched previous settlement agreements placed on
council agendas and that the wording used is exactly how they have been listed on agendas in the
past.
Lance Dunn, Human Resources Director, explained that since it is a settlement agreement there are
parameters within the agreement that state that this is all that can be disclosed at this time.
Page 15 of 309
February 12, 2018
Page 7
Dave Zellhoefer, City Attorney, explained that the terms of the agreement are confidential but that
they may be released in the future.
Resolution adopted and upon approval by Mayor assigned No. 2018-88
ORDINANCES
146547 - 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
second time. Roll call vote-Ayes: Seven. Motion carried.
146548 - Schmitt/Morrissey
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, and Schmitt). Motion
failed.
146549 - Morrissey/Shimp
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 third time and adopted. Roll call vote-Ayes: Seven. Motion carried.
Ordinance adopted and upon approval by Mayor assigned No. 5438
146550 - Shimp/Morrissey
that “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”, be received,
placed on file, considered and passed for the second time. Roll call vote-Ayes: Seven. Motion
carried.
146551 - Shimp/Morrissey
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote-Ayes: Five. Nays: Two. (Klein and Schmitt). Motion failed.
146552 - Morrissey/Amos
that “an Ordinance 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), 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”, be received, placed on file,
considered and passed for the second time. Roll call vote-Ayes: Seven. Motion carried.
146553 - Morrissey/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 (Morrissey, Klein, and Schmitt). Motion failed.
ADJOURNMENT
146554 - Juon/Jacobs
that the Council adjourn at 7:13 p.m. Voice vote-Ayes: Seven. Motion carried.
Page 16 of 309
February 12, 2018
Page 8
_____________________________
Kelley Felchle
City Clerk
Page 17 of 309
CI TY OF WATER LOO
Council Communication
R ecognize O ptimis t Youth Bas ketball C oac hes and P layers of the Year.
City Council Meeting: 2/19/2018
Prepared: 2/14/2018
R EV I EWER S :
Department R eviewer Action Date
Leisure Services Huting, P aul Approved 2/14/2018 - 10:18 AM
C lerk O ffice Even, LeAnn Approved 2/15/2018 - 11:40 AM
S UB J E C T:
R ec ognize the following C oaches for the Year:
4th-6th grade girls Miranda Hansen
5th-6th grade boys Andrew Bonelli
R ec ognize the following P layers of the Year
4th-6th grade girls Eonna Barnes
5th-6th grade boys Jas hon S mith
S ubmitted by:S ubmitted By: Mark G allagher, R ec reation S ervices Manager
R ec ommended Ac tion:R ec ognize award winners .
S ummary S tatement:Eac h year we recognize Volunteer C oac hes and youth P layers for their
performance, sports manship and leadership.
Expenditure R equired:N/A
S ource of F unds:N/A
P olic y Issue:No
Background Information:Eac h year we recognize Volunteer C oac hes and youth P layers for their
performance, sports manship and leadership.
Page 18 of 309
CI TY OF WATER LOO
Council Communication
R es olution s etting a date of public hearing as March 5, 2018 to approve the request by C R F R entals for a site
plan amendment to the “C -P ” P lanned C ommercial Dis tric t for c onstruc tion of a 36’ X 144’ 5,184 square foot
C ommercial building located south of 2911 S outhland Drive and ins truct C ity C lerk to publish said notice.
City Council Meeting: 2/19/2018
Prepared: 2/13/2017
R EV I EWER S :
Department R eviewer Action Date
P lanning & Z oning S chroeder, Aric Approved 2/13/2018 - 5:03 P M
C lerk O ffice Even, LeAnn Approved 2/14/2018 - 11:33 AM
ATTA C H M EN TS:
D escription Type
Staff R eport C over M emo
O verview Map C over M emo
Aerial Map C over M emo
Site P lan C over M emo
Building S ketch C over M emo
P ictures C over M emo
Application C over M emo
S UB J E C T:
R esolution setting a date of public hearing as Marc h 5, 2018 to approve the
reques t by C R F R entals for a s ite plan amendment to the “C -P ” P lanned
C ommerc ial District for cons truction of a 36’ X 144’ 5,184 s quare foot
C ommerc ial building loc ated s outh of 2911 S outhland Drive and instruc t
C ity C lerk to publish said notice.
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 setting date of hearing as Marc h 5, 2018 to
approve the request by C R F R entals for a site plan amendment to the “C -P ”
P lanned C ommercial Dis tric t for c onstruc tion of a 36’ X 144’ 5,184 square
foot C ommerc ial building loc ated s outh of 2911 S outhland Drive.
T he applicant is reques ting to cons truct a new warehous e/offic e building
loc ated s outh of 2911 S outhland Drive. T he reques t to cons truct the
warehous e/offic e building would not appear to have a negative impac t upon
the s urrounding area as it would appear to be c ompatible with the
c ommercial building to the north and is located along S ergeant R oad/US
Highway 63.
Page 19 of 309
S ummary S tatement:
T he propos ed site plan amendment would not appear to have a negative
impac t upon vehic ular or pedestrian traffic c onditions in the area. T he s ite is
served by C harm Drive and S outhland Drive which are local s treets whic h
c onnect to S ergeant R oad (US Highway 63) whic h is a P rinc ipal Arterial.
T he nearest rec reational trail is along the west side of S ergeant R oad (US
Highway 63). A s idewalk will be required to be ins talled along C harm Drive
c onnecting to the s idewalk put in to the north.
T he area in ques tion was rezoned from “R -3, R -P ” P lanned R es idential to
“C -P ” P lanned C ommercial Dis tric t on May 3rd, 2016. S urrounding land
us es and their zoning des ignations are as follows :
North – C ommerc ial zoned “C -P ” P lanned C ommercial, P rofessional
O ffice zoned “R 3-R P ” P lanned R es idenc e District and vacant land zoned
“B-P ” Bus iness P ark Dis tric t.
S outh – Vacant Land zoned “C -P ” P lanned C ommerc ial District.
East – Vacant Land, Multi-F amily, and R es idential zoned “R -3, R -P ”
P lanned R es idenc e District.
Wes t – S ergeant R oad/US Highway 63, S ergeant R oad Trail and Industrial
zoned “M-1” Light Indus trial Dis tric t.
No buffers would be required as a part of this rezoning request.
It will be necessary that a s torm water detention plan is submitted, as well as
a S W P P P to the Engineering Department for review and approval. T he
proposed request would not appear to have a negative impac t upon drainage
in the area if proper storm water detention techniques are put in plac e. T he
area cons is ts of a commerc ial us e built in 2016, profes s ional offices built in
2005, multi-family built in 1982, indus trial built in 1977, and residences built
between 1995 and pres ent. No portion of the property is loc ated within a
spec ial flood hazard area, as indicated by the F ederal Insuranc e
Adminis tration's F lood Insuranc e R ate Map, C ommunity Number 190025
283F, dated July 18, 2011.
T he F uture Land Us e Map designates this area as Mixed C ommerc ial:
Medium to High Dens ity R esidential, P rofessional O ffices, and
Neighborhood C ommerc ial. T he proposed s ite plan amendment would be in
c onformance with the C omprehensive P lan and F uture Land Use Map for
this area.
T he applicant is reques ting to cons truct a 5,184 s quare foot building with 7
parking spac es . T he spac e is propos ed to be divided into two s eparate
shops . T he site plan includes a detention pond along the S ergeant R oad/US
Highway 63 frontage. T he building is propos ed to have s teel s iding and
roofing with imitation Brooks tone Veneer near the entranc es , s ides and bac k
of the building. T here are two proposed monument signs one located at the
northwest c orner along S ergeant R oad/US Highway 63 and one on C harm
Drive. T he building is propos ed to fac e south with the s tructure
predominately on the northeast side of the property. T here will be one
c ustomer entrance, one employee door, and two overhead doors for each
spac e. T he area in ques tion is zoned “C -P ” P lanned C ommerc ial District,
and this zoning is intended and designed to provide a means for res idential
and c ompatible commerc ial development of trac ts of land on a unit bas is ,
allowing greater flexibility and diversific ation of land uses and building
Page 20 of 309
loc ations than the conventional single lot method. T he Zoning O rdinanc e
requires 1 parking spac e for every 2 people employed at the fac ility and the
site plan shows 7-parking spac es .
As noted during Tech R eview, the planning s taff has received a comment
from the C ondominium As s ociation of the complex loc ated across the street.
T hey stated that they are opposed to the c omplex but if it is built they would
want ac cess off of US Highway 63/S ergeant R oad and a limit to who could
rent the buildings . Iowa DO T was c ontacted that they will not allow acc es s
off of US Highway 63/S ergeant R oad. Note: W hen the s ite plan for what
bec ame the condominium projec t was firs t approved of by a res olution 1981-
533, the plans submitted designated the lot as c ommercial although it was not
developed at that time. T here is no platting required for this
reques t. T herefore, s taff recommends that the request for s ite plan
amendment in the “C -P ” P lanned C ommerc ial District, be approved for the
following reasons :
1. T he reques t is in c onformance with the C omprehensive P lan and F uture
Land Use Map for this area.
2. T he reques t would not appear to have a negative impact on traffic
c onditions in the area.
3. T he reques t would not appear to have a negative impact upon the
surrounding area.
And with the following conditions (s ):
1. T hat the final site plan meets all applicable city codes, regulations, etc.
including, but not limited to, parking, landsc aping, s creening, drainage, etc .
2. S idewalk C ons tructed along C harm Drive.
At their F ebruary 6, 2018 meeting the P lanning, P rogramming and Zoning
C ommission voted unanimous ly 6-0 to rec ommend approval of the request.
Expenditure R equired:None
S ource of F unds:N/A
P olic y Issue:Land Use and Economic Development, polic ies 1, 3 and 4.
Legal Desc riptions :S O UT HLAND PAR K F O URT H ADDI T I O N T R AC T C -8
Page 21 of 309
February 6, 2018
SPA-South of 2911 Southland Drive Page 1 of 3
REQUEST: Request by CRF Rentals for a site plan amendment to the “C-
P” Planned Commercial District for construction of a 36’ X 144’
5,184 square foot Commercial buil ding located south of 2911
Southland Drive
APPLICANT(S): CRF Rentals LLC, PO Box 203 Waterloo, Iowa 50704
GENERAL
DESCRIPTION:
The applicant is requesting to construct a new
warehouse/office building located south of 2911 Southland
Drive.
SURROUNDING
LAND USES AND
IMPACT ON
NEIGHBORHOOD:
The request to construct the warehouse/office building would
not appear to have a negative impact upon the surrounding
area as it would appear to be compatible with the commercial
building to the north and is located along Sergeant Road/US
Highway 63.
VEHICULAR &
PEDESTRIAN
TRAFFIC
CONDITIONS:
The proposed site plan amendment would not appear to have
a negative impact upon vehicular or pedestrian t raffic
conditions in the area. The site is served by Charm Drive and
Southland Drive which are local streets which connect to
Sergeant Road (US Highway 63) which is a Principal Arterial.
RELATIONSHIP TO
RECREATIONAL
TRAIL PLAN AND
COMPLETE STREETS
POLICY:
The nearest recreational trail is along the west side of
Sergeant Road (US Highway 63).
A sidewalk will be required to be install ed along Charm Drive
connecting to the sidewalk put in to the north.
ZONING HISTORY
FOR SITE AND
IMMEDIATE VICINITY:
The area in question was rezoned from “R-3, R-P” Planned
Residential to “C-P” Planned Commercial District on May 3rd,
2016. Surrounding land uses and their zoning designations
are as follows:
North – Commercial zoned “C-P” Planned Commercial,
Professional Office zoned “R3-RP” Planned Residence District
and vacant land zoned “B-P” Business Park District.
South – Vacant Land zoned “C-P” Planned Commercial
District.
East – Vacant Land, Multi-Family, and Residential zoned “R-3,
R-P” Planned Residence District.
West – Sergeant Road/US Highway 63, Sergeant Road Trail
and Industrial zoned “M-1” Light Industrial District.
BUFFERS/
SCREENING/
LANDSCAPING
REQUIRED:
No buffers would be required as a part of this rezoning request.
DRAINAGE: It will be necessary that a storm water detention plan is
submitted, as well as a SWPPP to the Engineering
Department for review and approval. The proposed request
would not appear to have a negative impact upon drainage in
Page 22 of 309
February 6, 2018
SPA-South of 2911 Southland Drive Page 2 of 3
the area if proper storm water detention techniques are put in
place.
DEVELOPMENT
HISTORY:
The area consists of Commercial built in 2016, professional
offices built in 2005, multi -family built in 1982, industrial built in
1977, and residences built between 1995 and present.
FLOODPLAIN: No portion of the property is located within a special flo od
hazard area, as indicated by the Federal Insurance
Administration's Flood Insurance Rate Map, Community
Number 190025 283F, dated July 18, 2011.
PUBLIC /OPEN
SPACES/ SCHOOLS:
The nearest schools are Lou Henry Elementary and Hoover
Middle School located 3 miles to the northeast and West High
School located 3.64 miles to the northeast. The nearest open
space is the Prairie Grove Park located 0.62 miles to the
southeast.
UTILITIES: WATER,
SANITARY SEWER,
STORM SEWER, ETC.
There is an 8” Sanitary Sewer Line that runs in Charm Drive to
Southland and a 12” Sanitary Sewer Line in Southland and in
Charm Drive north of Southland.
There is a 8’ Utility Easement along the west side of the
property.
RELATIONSHIP TO
COMPREHENSIVE
LAND USE PLAN:
The Future Land Use Map designates this area as Mixed
Commercial: Medium to High Density Residential,
Professional Offices, and Neighborhood Commercial. The
proposed site plan amendment would be in conformance with
the Comprehensive Plan and Future Land Use Map for this
area.
STAFF ANALYSIS –
ZONING
ORDINANCE:
The applicant is requesting to construct a 5,184 square foot
building with 7 parking spaces. The space is proposed to be
divided into two separate shops. The site plan includes a
detention pond along the Sergeant Road/US Highway 63
frontage. The building is proposed to have steel siding and
roofing with imitation Brookstone Veneer near the entrances,
sides and back of the building. There are two proposed
monument signs one located at the northwest corner along
Sergeant Road/US Highway 63 and one on Charm Drive. The
building is proposed to face south with the structure
predominately on the northeast side of the property. There will
be one customer entrance, one employee door, and two
overhead doors for each space.
The area in question is zoned “C-P” Planned Commercial
District, and this zoning is intended and designed to provide a
means for residential and compatible commercial
development of tracts of land on a unit basis, allowing greater
flexibility and diversification of land uses and building locations
than the conventional single lot method.
The Zoning Ordinance requires 1 parking space for every 2
people employed at the facility and the site plan shows 7-
Page 23 of 309
February 6, 2018
SPA-South of 2911 Southland Drive Page 3 of 3
parking spaces.
As noted during Tech Review, the planning staff has received
a comment from the Condominium Association of the complex
located across the street. They stated that they are opposed
to the complex but if it is built they would want access off of
US Highway 63/Sergeant Road and a limit to who could rent
the buildings. Iowa DOT was contacted that they will not allow
access off of US Highway 63/Sergeant Road.
STAFF ANALYSIS –
SUBDIVISION
ORDINANCE:
There is no platting required for this request.
STAFF
RECOMMENDATION:
Therefore, staff recommends that the request for site plan
amendment in the “C-P” Planned Commercial District, be
approved for the following reasons:
1. The request is in conformance with the Comprehensive
Plan and Future Land Use Map for this area.
2. The request would not appear to have a negative
impact on traffic conditions in the area.
3. The request would not appear to have a negative
impact upon the surrounding area.
And with the following conditions(s):
1. That the final site plan meets all applicable city codes,
regulations, etc. including, but not limited to, parking,
landscaping, screening, drainage, etc.
2. Sidewalk Constructed along Charm Drive.
Page 24 of 309
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Page 25 of 309
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Page 26 of 309
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Site Plan Amendment
South of 2911 Southland Drive
Picture 1: Looking east from Sergeant Road/US Highway
63
Picture 2: 2911 Southland Drive to the north of the site
Picture 3: Looking north along Charm Drive from Site
Picture 4: Condominiums located across street from site
Page 34 of 309
Picture 5: Looking west
Picture 6: Looking west on north side of property
Page 35 of 309
Page 36 of 309
CI TY OF WATER LOO
Council Communication
R es olution s etting date of public hearing as Marc h 5, 2018, for a reques t by Mic hael C rane to vac ate a platted
20’ utility eas ement loc ated along the s outherly property line, for cons truction of a 12’ X 16’ 192 square foot
s hed, loc ated at 235 Niagara Drive, and ins truct C ity C lerk to publish said notice.
City Council Meeting: 2/19/2018
Prepared: 2/13/2018
R EV I EWER S :
Department R eviewer Action Date
P lanning & Z oning S chroeder, Aric Approved 2/13/2018 - 5:19 P M
C lerk O ffice Even, LeAnn Approved 2/14/2018 - 12:00 P M
ATTA C H M EN TS:
D escription Type
O verview Map C over M emo
Aerial Map C over M emo
Application C over M emo
Site I nformation C over M emo
P lat Book P age C over M emo
Staff R eport C over M emo
P ictures C over M emo
S UB J E C T:
R esolution setting date of public hearing as March 5, 2018, for a reques t by
Michael C rane to vacate a platted 20’ utility easement located along the
southerly property line, for c onstruc tion of a 12’ X 16’ 192 s quare foot s hed,
loc ated at 235 Niagara Drive, and ins truct C ity C lerk to publish said notice.
S ubmitted by:S ubmitted By: Noel Anderson, C ommunity P lanning & Development
Direc tor
R ec ommended Ac tion:Approval
S ummary S tatement:
T he applicant is reques ting to vac ate a platted 20’ utility eas ement loc ated
along the southerly property line for cons truction of a 12’ X 16’ 192 square
foot shed. T he eas ement was c reated as part of a minor plat that was
approved in July of 1994. T here appears to be no utilities loc ated in the
easement and no future need for the eas ement. During Tech R eview
Engineering had c onc erns if Mid American would have issues ac cessing the
easement on the wes t s ide of the property if this one was vac ated.
Mid American indicated that they do not have an is s ue with the vacate and it
will not affect their acc es s to the eas ement along the wes t property line.
T herefore, staff rec ommends that the reques t to vac ate a platted 20’ utility
easement located along the southerly property line for cons truction of a 12’
X 16’ 192 square foot shed approved for the following reasons :
Page 37 of 309
1. T he reques t would not appear to have a negative impact on the
surrounding area.
2. T he reques t would not appear to have a negative impact upon pedes trian
and traffic conditions within the surrounding area.
3. T here appears to be no need for the easements.
O n F ebruary 6, 2018 the P lanning, P rogramming and Zoning C ommis s ion
voted unanimous ly to recommend approval of the reques t.
Expenditure R equired:None
S ource of F unds:N/A
P olic y Issue:R ight-of-way
Alternative:N/A
Background Information:N/A
Legal Desc riptions :
Easement Vacate
T he Twenty (20) foot utility eas ement as platted along the S outh line of Lot 2
of Wessels Minor P lat except the Westerly Eight (8) feet thereof, all in the
C ity of Waterloo, Black Hawk C ounty, Iowa.
Page 38 of 309
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City of Waterloo Planning, Programming and Zoning CommissionFebruary 6, 2018
235 Niagara DriveEasement VacateMichael Crane
1,000 0 1,000500Feet
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Page 39 of 309
N I A G A R A D R
GRAND BLVD
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City of Waterloo Planning, Programming and Zoning CommissionFebruary 6, 2018
235 Niagara DriveEasement VacateMichael Crane
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Easement Requested to be Vacated
235 Niagara Drive
Page 40 of 309
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February 6, 2018
Vacate Easement at 235 Niagara Page 1 of 2
REQUEST: Request by Michael Crane to vacate a platted 20’ easement
located along the southerly property line for construction of a 12’ X
16’ 192 square foot shed located at 235 Niagara Drive.
APPLICANT: Michael Crane, 235 Niagara Drive, Waterloo, Iowa 50701
GENERAL
DESCRIPTION:
The applicant is requesting to vacate a utility easement.
IMPACT ON
NEIGHBORHOOD &
SURROUNDING
LAND USE:
The request would not appear to have a negative impact on the
surrounding neighborhood or land use.
VEHICULAR &
PEDESTRIAN
TRAFFIC
CONDITIONS:
The request would not appear to have a negative impact on
vehicular or pedestrian traffic movements in the area.
RELATIONSHIP TO
RECREATIONAL
TRAIL PLAN AND
COMPLETE STREETS
POLICY:
The Trolley Car Trail is located just to the north of Grand
Boulevard.
ZONING HISTORY
FOR SITE AND
IMMEDIATE VICINITY:
The area of the proposed site is zoned “R-1” One and Two Family
Residence District and has been zoned as such since the adoption
of the zoning ordinance in 1969. Surrounding land uses and their
zoning designations are as follows:
North – Residential zoned “R-1” One and Two Family Residence
District, Trolley Car Trail and Castle Hill Park.
South – Residential zoned “R-1” One and Two Family Residence
District.
East – Residential zoned “R-1” One and Two Family Residence
District.
West – Residential zoned “R-1” One and Two Family Residence
District.
DEVELOPMENT
HISTORY:
The house on the site was built in 2001. There is one residence
from 1916, one from 1931 with most residences in the area being
built between 1978 and 2003.
BUFFERS/
SCREENING
REQUIRED:
No buffers or additional screening is needed with this request.
DRAINAGE: Vacation of the easement will not have an effect on drainage.
FLOODPLAIN: No portion of the vacate area is located within a Special Flood
Hazard Area as indicated by the Federal Insurance Administration's
Flood Insurance Rate Map, Community Number 190025 and Panel
Number 0169F, dated July 18, 2011.
Page 49 of 309
February 6, 2018
Vacate Easement at 235 Niagara Page 2 of 2
PUBLIC /OPEN
SPACES/ SCHOOLS:
The nearest schools are Fred Becker Elementary located 1.56
miles to the southeast, Central Middle School located 1.61 miles to
the south, and West High school is located 4 miles to the
southeast. The nearest open space is Castle Hill Park located
immediately to the northwest across Grand Boulevard.
UTILITIES: WATER,
SANITARY SEWER,
STORM SEWER, ETC
There are no known utilities located in the easement located along
the south property line. There is a 8” Sanitary Sewer line located in
the center of Niagara that starts just to the north of the property.
RELATIONSHIP TO
COMPREHENSIVE
LAND USE PLAN:
The Future Land Use Map designates the property as Low Density
Residential.
STAFF ANALYSIS –
ZONING
ORDINANCE:
The applicant is requesting to vacate a platted 20’ easement
located along the southerly property for construction of a 12’ X 16’
192 square foot shed.
These easements were created as part of a minor plat that was
approved in July of 1994.
There appears to be no utilities located in the easement and no
future need for the easement.
During Tech Review Engineering had concerns if MidAmerican
would have issues accessing the easement on the west side of the
property if this one was vacated. MidAmerican indicated that they
do not have an issue with the vacate and it will not affect their
access to the west easement.
STAFF ANALYSIS –
SUBDIVISION
ORDINANCE:
There is no platting required for this request.
STAFF
RECOMMENDATION:
Therefore, staff recommends that the request to vacate a platted
20’ easement located along the southerly property line for
construction of a 12’ X 16’ 192 square foot shed 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. There appears to be no need for the easements.
Page 50 of 309
Vacate
235 Niagara
Picture 1: Looking west from the front of the property
along the easement.
Picture 2: Area proposed for shed
Picture 3: Looking East along the easement location.
Picture 4: Looking along west side of the property.
Easement along the left side of the photograph.
Page 51 of 309
CI TY OF WATER LOO
Council Communication
R es olution s etting date of hearing as March 5, 2018 for the approval of a Development Agreement with Iowa
Heartland Habitat for Humanity, which includes the s ale of s even parc els of land in the Walnut Neighborhood,
acquis ition of a parc el in the C hurch R ow Neighborhood, $28,000 to acquire additional properties in the
Walnut Neighborhood, and the c onstruc tion of homes in the area, and ins truct C ity C lerk to publish notic e.
City Council Meeting: 2/19/2018
Prepared: 2/14/2018
R EV I EWER S :
Department R eviewer Action Date
P lanning & Z oning Anderson, Noel Approved 2/14/2018 - 12:34 P M
C lerk O ffice Even, LeAnn Approved 2/14/2018 - 12:51 P M
ATTA C H M EN TS:
D escription Type
Agreement B ackup Material
S UB J E C T:
R esolution setting date of hearing as Marc h 5, 2018 for the approval of a
Development Agreement with Iowa Heartland Habitat for Humanity, whic h
includes the s ale of s even parc els of land in the Walnut Neighborhood,
ac quisition of a parcel in the C hurc h R ow Neighborhood, $28,000 to ac quire
additional properties in the Walnut Neighborhood, and the cons truction of
homes in the area, and instruc 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:Approve R esolution to set date of hearing
S ummary S tatement:
T he C ity has been working in partners ahip with J S A, Habitat, Walnut C ourt,
the Walnut Neighborhood As s ociation, and C entral P roperty Holdings, for
the redevelopment of the Walnut Neighborhood area. T his Development
Agreement will work to take positive actions to s tart some of the
redevelopment of the neighborhood on a planned s chedule for improvement.
T his agreement would sell and convey seven lots/homes owned by the C ity
of Waterloo to allow Habitat to build new homes on them or rehabilitate the
homes on them. T his is expec ted to s ave the C ity of Waterloo
approximately $5,000- $7,000 per year in maintenance costs . Habitat will be
on a ten year timeline to build new homes or rehabilitate the homes on these
lots . T his can generate an additional $3,000 to $10,000 per year in taxes
dependent upon when they are finis hed. It is a c omplete turnaround of the
C ity s pending money in this neighborhood, to the new development and
redevelopment of the neioghborhood generating new tax bas e, res idents ,
and revenue to the community.
Page 52 of 309
T he C ity is paying $28,000 in costs to Habitat to acquire land in this area, to
help with the overall goal of the neighborhood revitalization, the creation of
new commerc ial and jobs in the area with the G rocery S tore and
restaurant development, and Habitat will work in partnership to donate lots to
the commerc ial development for the new Lars en parking lot location.
T he C ity is als o ac quiring land in the C hurc h R ow area from Habitat to help
c leanup that area, as the C ity has other lots in that area, to start the proc es s
to setup that neighborhood as one of our future partnership neighborhoods
for redevelopment.
And lastly, the C ity is working through our 657A P olic y guidelines to offer
assistanc e for the redevelopment of 3 homes being sold, for
demolition/rehabilitation.
Expenditure R equired:$43,000
S ource of F unds:Logan T I F c as h and bonds
P olic y Issue:
S trategies 1.3, 1.4, 1.7, 3.1, and 3.8 --- for the s tartup of new busines s es ,
c reation of jobs , ways to c reate an environment to attract population to
Waterloo, c reate new tax bas e, new investment in C UR A area and T I F areas
Alternative:Not approve
Background Information:
Habitat for Humanity and the C ity of Waterloo have worked together for
dec ades , but more recent projects (former Irving S c hool s ite) have really
raised the bar on working together to trans form neighborhoods and create
new hous ing units that are compatible to the existing environment. T his
agreement is the next step in public-private partners hips for neighborhood
transformation, as the C ity is working with s everal pos itive entities to
redevelop this area.
Page 53 of 309
Preparer
Information: Christopher S. Wendland, PO Box 596, Waterloo, Iowa 50704 (319) 234-5701
Name Address City Phone
DEVELOPMENT AGREEMENT
This Development Agreement (the “Agreement”) is entered into as of
______________________, by and between Iowa Heartland Habitat for Humanity (the
“Company”) and the City of Waterloo, Iowa (the “City”).
RECITALS
A. City considers economic development within the City a benefit to the
community and is willing for the overall good and welfare of the
community to provide financial incentives so as to encourage that goal.
B. Company proposes to finance and construct single-family homes and
related improvements on various properties in the W alnut Neighborhood.
Said properties are identified on Exhibit “A” attached hereto (the
“Properties”) and are located in the East Waterloo Unified Urban Renewal
and Redevelopment Plan Area, which includes the former Logan Plaza
Urban Renewal and Redevelopment Plan Area.
C. City believes that development of the projects is in the vital and best
interests of the City and in accordance with the public purposes and
provisions of the applicable State and local laws and requirements under
which the projects have been or will be undertaken and are being
assisted.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants set forth herein,
the parties agree as follows:
1. Sale of Properties; Title. Subject to the terms hereof, City shall convey
the Properties, or cause them to be conveyed, to Company for the sum of $1.00 for
each separate parcel (the “Purchase Price”), but if Company desires to obtain the
benefits described in Section 6.C, then for the Properties identified therein Company
Page 54 of 309
DEVELOPMENT AGREEMENT
Page 2
may choose to defer closing said parcels until ready to proceed. Each separate parcel
is referred to as a “Lot.” Conveyance shall be by quit claim deed, free and clear of all
encumbrances arising by or through City except: (a) easements, conditions and
restrictions of record; (b) current and future real estate real property taxes and
assessments subject to the agreements made herein; (c) general utility and right-of-way
easements serving a Lot; and (d) restrictions imposed by City zoning ordinances and
other applicable law. Conveyance shall occur within sixty (60) days after approval of
this Agreement by the Waterloo City Council, on a date mutually acceptable to the
parties. No less than fourteen (14) days prior to the anticipated date of conveyance,
City will provide for update whatever abstracts of title it has in its possession, if any, or
in lieu thereof Company may have a new abstract created or obtain whatever form of
title evidence it desires. All abstracting and title work shall be at the sole expense of
Company. If title is unmarketable or subject to matters not acceptable to Company,
and if City does not remedy or remove such objectionable matters in timely fashion
following written notice of such objections from Company, Company may terminate this
Agreement or may refuse to accept conveyance of any Lot.
2. Improvements by Company. Company shall construct at its own
expense upon each Lot one (1) single-family home as further described and depicted in
Exhibit “B” attached hereto. Company shall make no substantial deviation from the
general plans, specifications or designs set forth on Exhibit “B” without the prior written
consent of City. No more than one home shall be constructed on each Lot, and each
Lot upon which a home will be constructed shall be completed to a finished state,
including installation of driveways and sidewalks, removal of all construction debris,
proper leveling or shaping of groundscape, and grassing and/or landscaping (home
construction and finishing as so described are referred to as the “Improvements”). The
Improvements shall be constructed in accordance with all applicable City, state, and
federal building codes and shall comply with all applicable City ordinances and other
applicable law. The Properties, the Improvements, and all site preparation and
development-related work to make the Properties usable for Company’s purposes as
contemplated by this Agreement are collectively referred to as the “Project”.
3. Timeliness of Construction; Further Conditions. The parties agree
that the condition set forth in the following paragraphs of this Section 3 constitute
Company’s commitment to undertake the Project and to construct the Improvements in
a timely manner, that such conditions are therefore a material inducement for the City
to convey the Properties to Company, and that without said commitment City would not
do so.
A. Company must obtain a building permit and begin construction of a
single-family residence on one of the Lots by August 1, 2019 (the “Required Start
Date”), and construction of Improvements on such Lot shall be completed within
12 months thereafter.
B. Company must complete construction of one single-family
residence upon each Lot within ten (10) years after the Required Start Date (the
“Project Completion Date”).
Page 55 of 309
DEVELOPMENT AGREEMENT
Page 3
C. At any time that Company holds title to a Lot until the Project
Completion Date, Company must mow all Lots and remove snow and ice from
sidewalks upon or abutting said Lots in conformity with City ordinance.
If Company has not met any of the conditions set forth above in subsections A-C
of this Section 3, then title shall revert to the City as to each Lot on which the
construction of Improvements has not been substantially completed. Improvements
that are not substantially completed are those that are not, within thirty (30) days,
capable of completion to a state for which a certificate of occupancy can be issued.
4. Possibility of Reverter; Release. As to any condition set forth in Section
3 that has not been timely satisfied, the City Council may, but shall not be required to,
consent to an extension of time. As to any condition pertaining to construction of
Improvements, if an extension is granted but construction of the Improvements has not
begun or is not completed, as applicable, within such extended period, then title shall
revert to the City after the end of said extended period as set forth in Section 3. If
development has timely commenced or commenced within any extended period and is
stopped and/or delayed as a result of an act of God, war, civil disturbance, court order,
labor dispute, fire, or other cause beyond the reasonable control of Company, the
requirement that construction is to be completed by the original or extended Project
Completion Date shall be tolled for a period of time equal to the period of such
stoppage or delay, and thereafter if construction is not completed within the allowed
period of extension then title shall revert to the City as set forth in Section 3.
In connection with any sale by Company of a Lot on which the
construction of Improvements has been completed, City agrees to release such Lot
from the conditions and restrictions set forth in this Agreement. A release of any such
Lot part shall not affect the continued effectiveness and enforceability of this Agreement
as to any other Lots that are not specifically released.
5. Reverter of Title. In the event of any reverter of title, Company agrees
that it shall, at its own expense, promptly execute all documents, including but not
limited to a special warranty deed, or take such other actions as the City may
reasonably request, to effectuate said reverter and to deliver to City title to the
Properties, or so much thereof as is required to revert pursuant to Section 3, that is free
and clear of any lien, claim, or encumbrance arising by or through Company.
Concurrently with the deed, Company shall deliver to City the abstracts of title for
Properties conveyed. Company shall pay in full, so as to discharge or satisfy, all liens,
claims, charges, and encumbrances on or against the Properties subject to reversion.
Appointment of Attorney in Fact: If Company fails to deliver such documents,
including but not limited to a special warranty deed, to City within thirty (30) days of
written demand by City, then City shall be authorized to execute, on Company’s behalf
and as its attorney-in-fact, the special warranty deed required by this Section, and for
such limited purpose Company does hereby constitute and appoint City as its attorney-
in-fact.
Page 56 of 309
DEVELOPMENT AGREEMENT
Page 4
6. Additional City Assistance. The incentives described in the following
subsections of this Section 6 are in addition to the other Project incentives extended by
City to Company hereunder.
A. Grant. City will make a one-time development grant to Company in
the amount of $28,000.00, payable when title to the Property is conveyed to
Company. Company will use the grant to cover the direct cost of acquisition of
additional properties in the Walnut Neighborhood, which is defined for purposes
of this Agreement as the area bounded by East 4th Street, Franklin Street, U.S.
Highway 63, and Dane Street. No later than 24 months after the date of
payment, Company will provide to City a complete accounting of how the grant
funds have been expended, including identification of properties acquired. Upon
expiration of said 24-month period, Company will promptly refund to City any part
of the grant that has not been spent for approved purposes.
B. Property Transfer. When City conveys the Properties to Company,
Company shall convey to City by special warranty deed the title to property
located at 706 W. Park Avenue, Waterloo, free and clear of all encumbrances
arising by or through Company except: (a) easements, conditions and
restrictions of record; (b) current and future real estate real property taxes and
assessments subject to the agreements made herein; (c) general utility and right-
of-way easements serving said property; and (d) restrictions imposed by City
zoning ordinances and other applicable law. No less than fourteen (14) days
prior to the anticipated date of conveyance, Company will provide for update
whatever abstracts of title it has in its possession, if any, or in lieu thereof City
may have a new abstract created or obtain whatever form of title evidence it
desires. All abstracting and title work shall be at the sole expense of City. If title
is unmarketable or subject to matters not acceptable to City, and if Company
does not remedy or remove such objectionable matters in timely fashion
following written notice of such objections from City, City may refuse to accept
conveyance of said property.
C. Demolition/Rehab Reimbursement. The parties acknowledge that
the properties located at 408 Saxon Street (parcel 8913-24-163-002), 312 Clay
Street (parcel 8913-240163-020), and 314 Clay Street (parcel 8913-24-163-021)
are occupied by structures that may need to be demolished. Provided that
Company completes construction on lots, as required by City policy applicable to
properties acquired pursuant to Iowa Code Chapter 657A, then following
issuance of a certificate of occupancy for the Improvements made by Company
on those Lots the City will reimburse to Company all reasonable, documented
expenses, not to exceed $5,000.00, incurred by Company for asbestos
abatement and demolition.
D. Development Coordination. The parties acknowledge that City is
making aggressive efforts to spur development and rehabilitation projects in the
Walnut Neighborhood area, where the Properties are located. One project
involves construction of a new parking lot for the use of a senior living facility at
Page 57 of 309
DEVELOPMENT AGREEMENT
Page 5
315 Walnut Street, which is to be coordinated with a project to construct a new
grocery store in the near vicinity. To assist City in its development efforts,
Company agrees to cooperate with City to identify lot(s) in Block 69 of Cooley
Addition that can be repurposed for the above-described parking lot. The lot will
be conveyed by warranty deed to a developer to be identified by City.
7. Purchase Rights. Subject to any other agreements to which the City is a
party as of the date of this Agreement, if City hereafter acquires any additional
properties for residential redevelopment purposes lying within the area bounded by E.
Mullan Avenue, Dane Street, E. 4th Street, and Franklin Street, then Company shall
have a right of first refusal to purchase any such property. Said right may be exercised
at any time within nine (9) years of the Required Start Date, by delivery of written notice
of exercise to City. The terms of this Agreement shall govern the purchase and
development of any residential property so acquired.
8. Indemnity. Company further agrees that it shall indemnify City and hold it
harmless with respect to any demand, claim, cause of action, damage, or injury made,
suffered, or incurred as a result of or in connection with the Project, Company’s failure
to carry on or complete same, or any lien, claim, charge, or encumbrance on or against
the Properties of any type or nature whatsoever that attaches to the Properties by virtue
of Company’s ownership of same. If City files suit to enforce the terms of this
Agreement and prevails in such suit, then Company shall be liable for all legal
expenses, including but not limited to reasonable attorneys’ fees, incurred by City.
Company’s duties of indemnity pursuant to this Section shall survive the expiration,
termination or cancellation of this Agreement for any reason.
9. No Encumbrances; Limited Exception. Until substantial completion of
the Project, Company agrees that it shall not create, incur, or suffer to exist any lien,
encumbrance, mortgage, security interest, or charge on the Properties lying within any
such phase, other than such mortgage or mortgages as may be reasonably necessary
to finance Company’s undertaking of the Project and of which Company notifies City in
advance of Company’s execution of any such mortgage.
10. Water and Sewer; Utilities. Company will be responsible, at its own
expense, for extending water, sewer and utilities services from their current location to
any location on the Properties and for payment of any associated connection fees.
11. Representations and Warranties of City. City hereby represents and
warrants as follows:
A. City is not prohibited from consummating the transaction
contemplated in this Agreement by any law, regulation, agreement, instrument,
restriction, order or judgment.
B. Each person who executes and delivers this Agreement and all
documents to be delivered hereunder is and shall be authorized to do so on
behalf of City.
Page 58 of 309
DEVELOPMENT AGREEMENT
Page 6
12. Representations and Warranties of Company. Company hereby
represents and warrants as follows:
A. Company is not prohibited from consummating the transaction
contemplated in this Agreement by any law, regulation, agreement, instrument,
restriction, order or judgment.
B. Company is duly organized, validly existing, and in good standing
under the laws of the state of its organization and is duly qualified and in good
standing under the laws of the State of Iowa.
C. Company has full right, title, and authority to execute and perform
this Agreement and to consummate all of the transactions contemplated herein,
and each person who executes and delivers this Agreement and all documents
to be delivered to City hereunder is and shall be authorized to do so on behalf of
Company.
13. No Assignment or Conveyance. Company agrees that it will not sell,
convey, assign or otherwise transfer its interest in any platted lot within the Properties
prior to substantial completion of Improvements for such lot, whether in whole or in part,
to any other person or entity without the prior written consent of City. Reasonable
grounds for the City to withhold its consent shall include but are not limited to the
inability of the proposed transferee to demonstrate to the City’s satisfaction that it has
the financial ability to observe all of the terms to be performed by Company under this
Agreement.
14. Materiality of Company’s Promises, Covenants, Representations,
and Warranties. Each and every promise, covenant, representation, and warranty set
forth in this Agreement on the part of Company to be performed is a material term of
this Agreement, and each and every such promise, covenant, representation, and
warranty constitutes a material inducement for City to enter this Agreement and to
extend to Company the development incentives provided for herein. Company
acknowledges that without such promises, covenants, representations, and warranties,
City would not have entered this Agreement and extended such incentives. Upon
breach of any promise or covenant, or in the event of the incorrectness or falsity of any
representation or warranty, City may, at its sole option and in addition to any other right
or remedy available to it, terminate this Agreement and declare it null and void.
15. Notices. Any notice under this Agreement shall be in writing and shall be
delivered in person, by overnight air courier service, by United States registered or
certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one
of the foregoing means), and addressed:
(a) if to City, to City of Waterloo, 715 Mulberry Street, Waterloo, Iowa
50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City
Attorney and the Community Planning and Development Director.
Page 59 of 309
DEVELOPMENT AGREEMENT
Page 7
(b) if to Company, to Iowa Heartland Habitat for Humanity, 803 W. 5th
Street, Waterloo, Iowa 50702, Attention: Executive Director.
Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in
person, (ii) one (1) business day following deposit for overnight delivery to an overnight
air courier service which guarantees next day delivery, (iii) three (3) business days
following the date of deposit if mailed by United States registered or certified mail,
postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains
written electronic confirmation from the sending facsimile machine that such
transmission was successful. A party may change the address for giving notice by any
method set forth in this Section.
16. No Joint Venture. Nothing in this Agreement shall, or shall be deemed
or construed to, create or constitute any joint venture, partnership, agency,
employment, or any other relationship between the City and Company nor to create any
liability for one party with respect to the liabilities or obligations of the other party or any
other person.
17. Amendment, Modification, and Waiver. No amendment, modification,
or waiver of any condition, provision, or term of this Agreement shall be valid or of any
effect unless made in writing, signed by the party or parties to be bound or by the duly
authorized representative of same, and specifying with particularity the extent and
nature of the amendment, modification, or waiver. Any waiver by any party of any
default by another party shall not affect or impair any rights arising from any subsequent
default.
18. Severability. Each provision, section, sentence, clause, phrase, and
word of this Agreement is intended to be severable. If any portion of this Agreement
shall be deemed invalid or unenforceable, whether in whole or in part, the offending
provision or part thereof shall be deemed severed from this Agreement and the
remaining provisions of this Agreement shall not be affected thereby and shall continue
in full force and effect. If, for any reason, a court finds that any portion of this
Agreement is invalid or unenforceable as written, but that by limiting such provision or
portion thereof it would become valid and enforceable, then such provision or portion
thereof shall be deemed to be written, and shall be construed and enforced, as so
limited.
19. 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.
20. Binding Effect. This Agreement shall be binding and shall inure to the
benefit of the parties and their respective successors, assigns, and legal
representatives.
Page 60 of 309
DEVELOPMENT AGREEMENT
Page 8
21. Counterparts. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original and all of which, taken
together, shall constitute one and the same instrument.
22. Entire Agreement. This Agreement, together with the exhibits attached
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.
23. Time of Essence. Time is of the essence of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Development
Agreement by their duly authorized representatives as of the date first set forth above.
CITY OF WATERLOO, IOWA IOWA HEARTLAND HABITAT FOR
HUMANITY
By: ___________________________ By: ___________________________
Quentin M. Hart, Mayor
Title: __________________________
Attest: _________________________
Kelley Felchle, City Clerk
Page 61 of 309
EXHIBIT “A”
Legal Description of Properties
8913-24-157-003. RAILROAD ADDITION WATERLOO NORTH 45 FEET SOUTH 90 FEET
LOT 12 BLOCK 19 NORTH 45 FEET SOUTH 90 FEET LOT 13 BLOCK 19.
8913-24-162-002. RAILROAD ADDITION WATERLOO N 64 FT LOT 17 BLK 30.
8913-24-163-002. RAILROAD ADDITION WATERLOO LOT 14 BLK 29.
(a/k/a 408 Saxon Street)
8913-24-163-021. RAILROAD ADDITION WATERLOO N 35 FT S 70 FT LOT 13 BLK 29.
(a/k/a 314 Clay Street)
8913-24-303-014. COOLEY ADDITION E 30 FT LOT 5 BLK 66.
8913-24-303-021. COOLEY ADDITION S 22 FT N 44 FT LOT 12 BLK 66.
8913-24-163-020 RAILROAD ADDITION WATERLOO S 35 FT LOT 13 BLK 29
(a/k/a 312 Clay Street)
Page 62 of 309
CI TY OF WATER LOO
Council Communication
R es olution s etting date of public hearing as F ebruary 26, 2018, for adoption of the F Y 2019-2023 C apital
Improvements P rogram for the C ity of Waterloo, and authorize C ity C lerk to publish said notice.
City Council Meeting: 2/19/2018
Prepared: 2/13/2018
R EV I EWER S :
Department R eviewer Action Date
P lanning & Z oning S chroeder, Aric Approved 2/14/2018 - 10:14 AM
C lerk O ffice Even, LeAnn Approved 2/14/2018 - 12:01 P M
S UB J E C T:
R esolution setting date of public hearing as F ebruary 26, 2018, for adoption
of the F Y 2019-2023 C apital Improvements P rogram for the C ity of
Waterloo, and authorize C ity C lerk to publish said 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:
Trans mitted herewith is a request to set the date of public hearing as
F ebruary 26, 2018 for the adoption of the C apital Improvements P rogram
for F Y 2019-2023.
T he C apital Improvements P lan details the C ity of Waterloo's priority capital
expenditures for a five year period. It is updated annually to re-establis h top
priority projects as needs may change in the community, but while s taying
c ognizant of the larger, multi-year planning methods for larger projects ,
overall infras tructure needs and bas ed on the growth of the c ommunity.
T he overall priority for the 2019-2023 plan is c entered around the many city
projec ts and needs, with an emphas is on c ity fac ility management, flood
protection, sewer improvements , economic development, c apital equipment
and vehic les , public safety,etc.
Expenditure R equired:N/A
S ource of F unds:N/A
P olic y Issue:Long term and s hort term planning for c apital improvements citywide.
Alternative:N/A
Background Information:T he C ity of Waterloo annually updates and adopts a C apital Improvements
P lan for a five year timeframe.
Page 63 of 309
Legal Desc riptions :N/A
Page 64 of 309
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 $1,500.00 from
C as ey's, 1604 LaP orte R oad, Waterloo, Iowa for s ale of tobac co to minor violation-2nd offense.
City Council Meeting: 2/19/2018
Prepared: 2/8/2018
R EV I EWER S :
Department R eviewer Action Date
Legal Even, LeAnn Approved 2/14/2018 - 10:56 AM
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 $1,500.00 from C as ey's, 1604 LaP orte R oad,
Waterloo, Iowa for sale of tobacc o to minor violation-2nd offens e.
S ubmitted by:S ubmitted By: David R . Zellhoefer, C ity Attorney
R ec ommended Ac tion:
Approve Acknowledgment/S ettlement Agreement and check for $1,500.00
payable to the C ity of Waterloo. G ive Mayor and C ity C lerk authorization
to sign and exec ute O rder.
Page 65 of 309
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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 with a tax rate of 18.18863%.
City Council Meeting: 2/19/2018
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 with a tax
rate of 18.18863%.
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 76 of 309
CI TY OF WATER LOO
Council Communication
R es olution s etting date of public hearing as F ebruary 26, 2018 on the proposed is s uance of not to exc eed
$11.5 million G eneral O bligation Bonds, for es s ential c orporate purposes, and ins truct C ity C lerk to publish
notice thereof.
City Council Meeting: 2/19/2018
Prepared: 2/13/2018
R EV I EWER S :
Department R eviewer Action Date
F inance Weidner, Michelle Approved 2/14/2018 - 9:48 AM
C lerk O ffice Even, LeAnn Approved 2/14/2018 - 12:01 P M
ATTA C H M EN TS:
D escription Type
E C P B ond H earing Req F Y E 2018 C ouncil Comm C over M emo
S UB J E C T:
R esolution setting date of public hearing as F ebruary 26, 2018 on the
proposed is s uance of not to exc eed $11.5 million G eneral O bligation Bonds ,
for es s ential c orporate purposes, and ins truct C ity C lerk to publish notic e
thereof.
S ubmitted by:S ubmitted By: Mic helle Weidner, C hief F inanc ial O fficer
R ec ommended Ac tion:
EC P -1 - Not to exc eed $11,500,000 G eneral O bligation Bonds for es s ential
c orporate purposes of said C ity, the proceeds of whic h bonds will be us ed
to provide funds to pay the c os ts of the acquis ition, improvement and
ins tallation of traffic control devic es , s ignage, fixtures , equipment and
improvements , inc luding but not limited to traffic signal, pavement markings ,
traffic s afety, fiber optic s ins tallation, and street light fixtures, c onnections,
and fac ility improvements ; the ac quisition and installation of emergency
services communic ation equipment and sys tems, including early warning
sirens ; the ac quisition of vehic les and equipment for the P olic e and F ire
R esc ue Departments, including fire engines; the acquis ition of vehicles and
equipment for the street, public works and sign and traffic departments ; the
rehabilitation and improvement of C ity parks and the ac quisition, repair and
replac ement of facilities , equipment and improvements commonly found in
C ity parks; the removal, replac ement and planting of trees in parks and
public grounds; the cons truction, rec onstruc tion and repairing of street,
sidewalk, trail, alley, public ground, marketplace, bridge, pedes trian
underpass and overpass repairs and rec onstruc tion, and inters ection
improvements ; the ac quisition, c onstruc tion and improvement of real and
personal property useful for the protection of property from floods or high
waters, including flood control, levees , embankments , waterway, storm water
and drainage improvements; the removal or replac ement of dead or dis eas ed
trees ; the ac quisition and demolition of dangerous or dilapidated buildings ,
struc tures or properties, or funding multi-family housing as s is tance; and
Page 77 of 309
refunding or refinanc ing outstanding debt, including G eneral O bligation
Bonds, S eries 2010A (Taxable Build Americ a Bonds) dated June 29, 2010.
S ummary S tatement:
We are planning to sell $8 million in general obligation bonds for a number of
general purposes this spring, and approximately $3 million in refunding
bonds . We plan to use the S tate of I owa R evolving F und for sewer projects.
P ublic hearings will be held for those projects at a later date. (Details on
projects covered by each hearing are on file for review at C ity Hall.)
Expenditure R equired:
T he new principal amount of $8,000,000 plus interes t will be required to be
repaid in the future, as well as the principal and interes t on the refunded
bonds .
S ource of F unds:R epayment will be made from various sources, including general property
taxes and tax increment revenue.
P olic y Issue:T he is s uance of bonds c ommits the c ity to future repayment.
Alternative:
T he C ity c ould choos e not to s ell bonds and not proceed with the projec ts.
T his would reduce future debt s ervic e c os ts. However, other c os ts would
likely inc reas e. F or example, a number of the planned projec ts have been
mandated by regulatory agenc ies that c ould have financ ial implic ations if the
projec ts aren't c ompleted as required.
Background Information:
A general lis ting of projec ts planned to be completed us ing bond proc eeds
authorized by these hearings is attac hed. Additional hearings will be held at a
later date for projects that are classified as general corporate purpos es .
Page 78 of 309
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CI TY OF WATER LOO
Council Communication
R es olution approving preliminary spec ifications, bid document, form of contrac t, and estimate of c os t, etc.,
and s etting date of bid opening as Marc h 8, 2018 and date of public hearing as March 12, 2018, for 5th and 6th
S treets S ys temic Traffic S afety Improvements , and instruc t C ity C lerk to publis h notice.
City Council Meeting: 2/19/2018
Prepared: 2/13/2018
R EV I EWER S :
Department R eviewer Action Date
Traffic O perations Even, LeAnn Approved 2/14/2018 - 12:48 P M
ATTA C H M EN TS:
D escription Type
E ngineer's Cost Estimate B ackup Material
P roject D ocuments B ackup Material
Contract D ocuments B ackup Material
S UB J E C T:
R esolution approving preliminary s pecific ations , bid doc ument, form of
c ontract, and es timate of cost, etc ., and setting date of bid opening as March
8, 2018 and date of public hearing as Marc h 12, 2018, for 5th and 6th S treets
S ys temic Traffic S afety Improvements , and instruc t C ity C lerk to publis h
notic e.
S ubmitted by:S ubmitted By: S andie G rec o, Interim P ublic Works Director
R ec ommended Ac tion:R ec ommend Approval
S ummary S tatement:
T he s afety improvement involves ins talling/replacing 1 mas t-arm pole at eac h
intersec tion, adding signal heads, some new c ontrollers , pedes trian c ount-
down timers and 40 traffic monitoring c ameras from Mulberry S treet to
Northbound Washington S treet.
Expenditure R equired:$471,525.00
S ource of F unds:100% G rant C overed
P olic y Issue:
T his project is part of the S trategic P lan - G oal 2: Implement a C ommunity
P olic ing strategy that creates s s afe environment in Waterloo. S trategy 2.2 -
enlis t all C ity departments and s taff members to promote a s afer c ommunity.
Background Information:
T hese 2 s treet segments experienc e c ras hes mos tly due to improper lane
c hange. T he improvements particularly installing traffic monitoring c ameras
will help improve traffic operations and safety. C ountdown pedes trian signal
heads will help pedestrian s afety.
Page 81 of 309
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CI TY OF WATER LOO
Council Communication
R es olution preliminarily approving plans , s pecific ations , form of contrac t, etc. and setting date of bid opening
as March 8, 2018 and date of public hearing as Marc h 12, 2018 for the purchas e of one (1) automated s ide-
load garbage truck and ins truct C ity C lerk to publish notic e of plans, spec ifications, form of c ontract, etc .
City Council Meeting: 2/19/2018
Prepared: 2/14/2018
R EV I EWER S :
Department R eviewer Action Date
Traffic O perations Even, LeAnn Approved 2/14/2018 - 12:49 P M
ATTA C H M EN TS:
D escription Type
Bid S pecifications B ackup Material
S UB J E C T:
R esolution preliminarily approving plans, spec ifications, form of c ontract,
etc. and setting date of bid opening as March 8, 2018 and date of public
hearing as Marc h 12, 2018 for the purchas e of one (1) automated s ide-load
garbage truck and ins truct C ity C lerk to publish notic e of plans,
spec ifications, form of c ontract, etc .
S ubmitted by:S ubmitted By:S andie G reco, Interim P ublic Works Direc tor
R ec ommended Ac tion:R ec ommend Approval
S ummary S tatement:
R eques t C ouncil adopt res olution to s et date of hearing for the purchas e of
one (1) automated side-load garbage route truck for the S anitation
Department.
Expenditure R equired:$240,000.00
S ource of F unds:S anitation F und - 525-15-5400-2117
P olic y Issue:S trategy 4.5: Maintain and develop community s ervic es and c ity fac ilities
that support quality of plac e.
Background Information:
T he S anitation Department purchas es one (1) automated truc k annually
(20%) of route fleet. Life expectanc y of a route truc k is 5 - 7 years. R oute
truc ks, once replaced, c ontinue to be utilized (up to 5 additional years) to
perform curbs ide rec yc le, curbs ide yard was te and extended yard waste
pic kup.
Page 142 of 309
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CI TY OF WATER LOO
Council Communication
F Y 2018 University Avenue - P hase I , from G reenhill R oad to Evergreen Avenue, C ontract 933.
City Council Meeting: 2/19/2018
Prepared: 2/14/2018
R EV I EWER S :
Department R eviewer Action Date
Engineering T horson, Eric Approved 2/14/2018 - 10:55 AM
C lerk O ffice F elchle, Kelley Approved 2/14/2018 - 12:11 P M
ATTA C H M EN TS:
D escription Type
Bid Tab B ackup Material
S UB J E C T:
Motion to rec eive and file proof of publication of notic e of public hearing.
HO LD HEAR I NG - No comments on file.
Motion to c los e hearing and rec eive and file oral and written c omments .
R esolution c onfirming approval of plans , s pecific ations , form of contrac t,
estimate of c os t, etc.
R esolution authorizing to proc eed.
Motion to rec eive, file and instruc t C ity C lerk to read bids and refer to C ity
Engineer for review.
S ubmitted by:S ubmitted By: Jeff Bales , Assoc iate Engineer
Expenditure R equired:T BD
S ource of F unds:University Avenue Trans fer of Jurisdic tion F unds
Background Information:P lans prepared by AEC O M
Page 151 of 309
2018 UNIVERSIT AVE/PHASE I PROJECT
Bid Tab: February 15, 2018
Estimate: $11,288,00.25
Bidder Bid Security Bid Amount
Vieth Construction Corp.,
Cedar Falls, IA 5% $9,469,045.08
K Cunningham Construction
Co., Inc., Cedar Falls, IA 5% $8,978,740.40
Peterson Contractors, Inc.,
Reinbeck, IA 5% $8,709,078.89
Page 152 of 309
CI TY OF WATER LOO
Council Communication
R es olution approving and Agreement with the Iowa Department of Transportation, C hic ago C entral R ailroad
C ompany, and P ac ific R ailroad C ompany, for the C onger S treet R ailroad C rossing S urfac e R epair P roject,
with the C ity's s hare of the cost totaling $41,500.00, and authorize Mayor to execute s aid agreement.
City Council Meeting: 2/19/2018
Prepared: 2/14/2018
R EV I EWER S :
Department R eviewer Action Date
Engineering T horson, Eric R ejected 2/14/2018 - 10:42 AM
Engineering R oss, Tracia Approved 2/14/2018 - 10:44 AM
Engineering T horson, Eric Approved 2/14/2018 - 10:47 AM
C lerk O ffice F elchle, Kelley Approved 2/14/2018 - 11:49 AM
ATTA C H M EN TS:
D escription Type
Conger Street Agreement B ackup Material
S UB J E C T:
R esolution ap p ro ving and Agreement with the Iowa Dep artment of
Trans portation, C hic ago C entral R ailro ad C ompany, and P ac ific R ailroad
C ompany, for the C onger S treet R ailroad C rossing S urface R epair P rojec t,
with the C ity's s hare of the cost to taling $41,500.00, and autho rize Mayor to
execute s aid agreement.
S ubmitted by:S ubmitted By: Jeff Bales , Assoc iate Engineer
R ec ommended Ac tion:
Approve S tate of Iowa G rade C ros s ing S urface R epair F und F orce
Ac count Agreement and authorize Mayor to sign and enter into s aid
agreement.
Expenditure R equired:
T he DO T will pay 60% of the projec t costs and C N R ailroad and C ity will
eac h pay 20% of the c os ts. T he roadway traffic control costs are the
respons ibility of the C ity. C ity cost is es timated to be $41,500 + $1000 for
traffic control = $42,500.00.
S ource of F unds:Loc al O ption S ales Tax revenue
Background Information:T his funding program has been traditionally utilized by the C ity and the
railroads for the recons truction of railroad crossings.
Page 153 of 309
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CI TY OF WATER LOO
Council Communication
R es olution approving an agreement with the Iowa Department of Trans portation, C hicago C entral R ailroad
C ompany, and P ac ific R ailroad C ompany, for the West Donald S treet R ailroad C rossing S urfac e R epair
project, with the C ity's s hare of the cost totaling $24,000.00, and authorize Mayor to execute s aid agreement.
City Council Meeting: 2/19/2018
Prepared: 2/14/2018
R EV I EWER S :
Department R eviewer Action Date
Engineering T horson, Eric Approved 2/14/2018 - 10:44 AM
C lerk O ffice F elchle, Kelley Approved 2/14/2018 - 11:51 AM
ATTA C H M EN TS:
D escription Type
West Donald Agreement B ackup Material
S UB J E C T:
R esolution ap p ro ving an agreement with the Io wa Dep artment of
Trans portation, C hic ago C entral R ailro ad C ompany, and P ac ific R ailroad
C ompany, fo r the West Do nald S treet R ailro ad C ro s s ing S urfac e R epair
projec t, with the C ity's share of the c os t totaling $24,000.00, and authorize
Mayor to exec ute said agreement.
S ubmitted by:S ubmitted By: Jeff Bales , Assoc iate Engineer
R ec ommended Ac tion:
Approve S tate of Iowa G rade C ros s ing S urface R epair F und F orce
Ac count Agreement and authorize Mayor to sign and enter into s aid
agreement.
Expenditure R equired:
T he DO T will pay 60% of the projec t costs and C N R ailroad and C ity will
eac h pay 20% of the c os ts. T he roadway traffic control costs are the
respons ibility of the C ity. C ity cost is es timated to be $24,000 + $1000 for
traffic control = $25,000.00.
S ource of F unds:Loc al O ption S ales Tax revenue
Background Information:T his funding program has been traditionally utilized by the C ity and the
railroads for the recons truction of railroad crossings.
Page 166 of 309
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CI TY OF WATER LOO
Council Communication
R es olution approving an agreement with the Iowa Department of Trans portation, C hicago C entral R ailroad
C ompany, and P ac ific R ailroad C ompany, for Wes t P arker S treet R ailroad C ros s ing S urface R epair P rojec t,
with the c ity share of the c os t totaling $57,000.00, and authorize the Mayor to execute s aid agreement.
City Council Meeting: 2/19/2018
Prepared: 2/14/2018
R EV I EWER S :
Department R eviewer Action Date
Engineering T horson, Eric Approved 2/14/2018 - 10:46 AM
C lerk O ffice F elchle, Kelley Approved 2/14/2018 - 12:01 P M
ATTA C H M EN TS:
D escription Type
West P arker Agreement B ackup Material
S UB J E C T:
R esolution ap p ro ving an agreement with the Io wa Dep artment of
Trans portation, C hic ago C entral R ailro ad C ompany, and P ac ific R ailroad
C ompany, for Wes t P arker S treet R ailroad C ros s ing S urface R epair P rojec t,
with the city s hare o f the cos t to taling $57,000.00, and authorize the Mayor
to execute s aid agreement.
S ubmitted by:S ubmitted By: Jeff Bales , Assoc iate Engineer
R ec ommended Ac tion:
Approve S tate of Iowa G rade C ros s ing S urface R epair F und F orce
Ac count Agreement and authorize Mayor to sign and enter into s aid
agreement.
Expenditure R equired:
T he DO T will pay 60% of the projec t costs and C N R ailroad and C ity will
eac h pay 20% of the c os ts. T he roadway traffic control costs are the
respons ibility of the C ity. C ity cost is es timated to be $57,000 + $1000 for
traffic control = $58,000.00..
S ource of F unds:Loc al O ption S ales Tax revenue
Background Information:T his funding program has been traditionally utilized by the C ity and the
railroads for the recons truction of railroad crossings.
Page 181 of 309
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CI TY OF WATER LOO
Council Communication
R es olution approving P rofes s ional S ervic e Agreement with AEC O M Tec hnical S ervic es , Inc. for an amount
not to exceed $53,800 in conjunction with the F Y 2018 Bridge and C ulvert R epairs, C ontrac t No. 950 and
authorize the Mayor to exec ute said document.
City Council Meeting: 2/19/2018
Prepared: 2/14/2018
R EV I EWER S :
Department R eviewer Action Date
Engineering T horson, Eric Approved 2/14/2018 - 11:14 AM
C lerk O ffice Even, LeAnn Approved 2/14/2018 - 11:17 AM
ATTA C H M EN TS:
D escription Type
P rofessional Services Agreement B ackup Material
S UB J E C T:
R esolution approving P rofessional S ervice Agreement with AEC O M
Technic al S ervices, Inc . for an amount not to exc eed $53,800 in c onjunc tion
with the F Y 2018 Bridge and C ulvert R epairs , C ontract No. 950 and
authorize the Mayor to execute s aid doc ument.
S ubmitted by:S ubmitted By: Wayne C as tle, P LS , P E, As s ociate Engineer
S ummary S tatement:T his agreement is for des ign related services related to the above referenced
projec t.
S ource of F unds:R oad Us e Tax
Page 196 of 309
AECOM 319-232-6531 tel
501 Sycamore Street 319-232-0271 fax
Suite 222
Waterloo, Iowa 50703
www.aecom.com
CITY OF WATERLOO
FY 2018 BRIDGE AND CULVERT REPAIRS
RIDGEWAY AVENUE, BISHOP AVENUE, EAST DONALD STREET, MITCHELL AVENUE AND
NEWELL STREET BRIDGE/CULVERT REPAIRS
PROFESSIONAL SERVICE AGREEMENT
This Agreement is made and entered by and between AECOM Technical Services, Inc., 501
Sycamore Street, Suite 222, Waterloo, Iowa, hereinafter referred to as “ATS” and City of Waterloo, 715
Mulberry Street, Waterloo, Iowa, hereinafter referred to as “CLIENT.”
IN CONSIDERATION of the covenants hereinafter set forth, the parties hereto mutually agree as
follows:
I. SCOPE OF SERVICES
ATS shall perform professional Services (the "Services") in connection with CLIENT's facilities
in accordance with the Scope of Services set forth in Exhibit A attached hereto.
II. ATS'S RESPONSIBILITIES
ATS shall, subject to the terms and provisions of this Agreement:
(a) Appoint one or more individuals who shall be authorized to act on behalf of ATS and
with whom CLIENT may consult at all reasonable times, and whose instructions,
requests, and decisions will be binding upon ATS as to all matters pertaining to this
Agreement and the performance of the parties hereunder.
(b) Use all reasonable efforts to complete the Services within the time period mutually
agreed upon, except for reasons beyond its control.
(c) Perform the Services in accordance with generally accepted professional engineering
standards in existence at the time of performance of the Services. If during the two
year period following the completion of Services, it is shown that there is an error in
the Services solely as a result of ATS's failure to meet these standards, ATS shall re-
perform such substandard Services as may be necessary to remedy such error at no
cost to CLIENT. Since ATS has no control over local conditions, the cost of labor and
materials, or over competitive bidding and market conditions, ATS does not guarantee
the accuracy of any construction cost estimates as compared to contractor's bids or
the actual cost to the CLIENT. ATS makes no other warranties either express or
implied and the parties’ rights, liabilities, responsibilities and remedies with respect to
the quality of Services, including claims alleging negligence, breach of warranty and
breach of contract, shall be exclusively those set forth herein.
(d) ATS shall, if requested in writing by CLIENT, for the protection of CLIENT, require
from all vendors and subcontractors from which ATS procures equipment, materials
or services for the project, guarantees with respect to such equipm ent, materials and
services. All such guarantees shall be made available to CLIENT to the full extent of
the terms thereof. ATS's liability with respect to such equipment, and materials
obtained from vendors or services from subcontractors, shall be limited to procuring
guarantees from such vendors or subcontractors and rendering all reasonable
assistance to CLIENT for the purpose of enforcing the same.
Page 197 of 309
Page 2
(e) ATS will be providing estimates of costs to the CLIENT covering an extended period
of time. ATS does not have control over any such costs, including, but not limited to,
costs of labor, material, equipment or services furnished by others or over competitive
bidding, marketing or negotiating conditions, or construction contractors’ methods of
determining their prices. Accordingly, it is acknowledged and understood that any
estimates, projections or opinions of probable project costs provided herein by ATS
are estimates only, made on the basis of ATS’s experience and represent ATS’s
reasonable judgment as a qualified professional. ATS does not guaranty that
proposals, bids or actual project costs will not vary from the opinions of probable costs
prepared by ATS, and the CLIENT waives any and all claims that it may have against
ATS as a result of any such variance.
III. CLIENT’S RESPONSIBILITIES
CLIENT shall at such times as may be required for the successful and expeditious completion
of the Services;
(a) Provide all criteria and information as to CLIENT’s requirements; obtain all necessary
approvals and permits required from all governmental authorities having jurisdiction
over the project; and designate a person with authority to act on CLIENT’s behalf on
all matters concerning the Services.
(b) Furnish to ATS all existing studies, reports and other available data pertinent to the
Services, and obtain additional reports, data and services as may be required for the
project. ATS shall be entitled to rely upon all such information, data and the results of
such other services in performing its Services hereunder.
IV. INDEMNIFICATION
ATS agrees to indemnify and hold harmless CLIENT from and against any and all suits,
actions, damages, loss, liability or costs (including, without limitation, reasonable attorneys'
fees directly related thereto) for bodily injury or death of any person or damage to third party
property if and to the extent arising from the negligent errors or omissions or willful misconduct
of ATS during the performance of the Services hereunder.
V. INSURANCE
Commencing with the performance of the Services, and continuing until the earlier of
acceptance of the Services or termination of this Agreement, ATS shall maintain standard
insurance policies as follows:
(a) Workers' Compensation and/or all other Social Insurance in accordance with the
statutory requirements of the state having jurisdiction over ATS's employees who are
engaged in the Services, with Employer's Liability not less than One Hundred
Thousand Dollars ($100,000) each accident;
(b) Commercial General Bodily Injury and Property Damage Liability and Automobile
liability insurance including (owned, non-owned, or hired), each in a combined single
limit of One Million Dollars ($1,000,000) each occurrence for bodily injury and property
damage liability. This policy includes Contractual Liability coverage. ATS agrees to
name CLIENT as Additional Insured on this policy, but only to the extent of ATS's
Page 198 of 309
Page 3
negligence under this Agreement and only to the extent of the insurance limits
specified herein.
(c) Professional Liability Insurance with limits of $1,000,000 per claim and in the
aggregate covering ATS against all sums which ATS may become legally obligated to
pay on account of any professional liability arising out of the performance of this
Agreement.
ATS agrees to provide CLIENT with certificates of insurance evidencing the above described
coverage prior to the start of Services hereunder and annually thereafter if required. ATS shall
provide prompt notice to the CLIENT in the event of cancellation, material change, or non-
renewal per standard ISO Acord Form wording and the policy provisions.
VI. COMPENSATION AND TERMS OF PAYMENT
Compensation for the services shall be on an hourly basis in accordance with the hourly
fees and other direct expenses in effect at the time the services are performed. Total
compensation is a not-to-exceed fee of Fifty-Three Thousand Eight Hundred Dollars
($53,800.00).
ATS may bill the Client monthly for services completed at the time of billing. CLIENT agrees
to pay ATS the full amount of such invoice within thirty (30) days after receipt thereof. In the
event CLIENT disputes any invoice item, CLIENT shall give ATS written notice of such
disputed item within ten (10) days after receipt of invoice and shall pay to ATS the undisputed
portion of the invoice according to the provisions hereof. CLIENT agrees to abide by any
applicable statutory prompt pay provisions currently in effect.
VII. TERMINATION
CLIENT may, with or without cause, terminate the Services at any time upon fourteen (14)
days written notice to ATS. The obligation to provide further Services under this Agreement
may be terminated by either party upon fourteen (14) days' written notice in the event of
substantial failure by the other party to perform in accordance with the terms hereof through no
fault of the terminating party, providing such defaulting party has not cured such failure, or, in
the event of a non-monetary default, commenced reasonable actions to cure such failure. In
either case, ATS will be paid for all expenses incurred and Services rendered to the date of the
termination in accordance with compensation terms of Article VI.
VIII. OWNERSHIP OF DOCUMENTS
(a) Sealed original drawings, specifications, final project specific calculations and other
instruments of service which ATS prepares and delivers to CLIENT pursuant to this
Agreement shall become the property of CLIENT when ATS has been compensated
for Services rendered. CLIENT shall have the right to use such instruments of service
solely for the purpose of the construction, operation and maintenance of the Facilities.
Any other use or reuse of original or altered files shall be at CLIENT’s sole risk
without liability or legal exposure to ATS and CLIENT agrees to release, defend and
hold ATS harmless from and against all claims or suits asserted against ATS in the
event such documents are used for a purpose different than originally prepared even
though such claims or suits may be based on allegations of negligence by ATS.
Nothing contained in this paragraph shall be construed as limiting or depriving ATS of
its rights to use its basic knowledge and skills to design or carry out other projects or
Page 199 of 309
Page 4
work for itself or others, whether or not such other projects or work are similar to the
work to be performed pursuant to this Agreement.
(b) Any files delivered in electronic medium may not work on systems and software
different than those with which they were originally produced and ATS makes no
warranty as to the compatibility of these files with any other system or software.
Because of the potential degradation of electronic medium over time, in the event of a
conflict between the sealed original drawings and the electronic files, the sealed
drawings will govern.
IX. MEANS AND METHODS
(a) ATS shall not have control or charge of and shall not be responsible for construction
means, methods, techniques, sequences or procedures, or for safety measures and
programs including enforcement of Federal and State safety requirements, in
connection with construction work performed by CLIENT's construction contractors.
Nor shall ATS be responsible for the supervision of CLIENT's construction
contractors, subcontractors or of any of their employees, agents and representatives
of such contractors; or for inspecting machinery, construction equipment and tools
used and employed by contractors and subcontractors on CLIENT's construction
projects and shall not have the right to stop or reject work without the thorough
evaluation and approval of the CLIENT. In no event shall ATS be liable for the acts or
omissions of CLIENT's construction contractors, subcontractors or any persons or
entities performing any of the construction work, or for the failure of any of them to
carry out construction work under contracts with CLIENT.
(b) In order that ATS may be fully protected against such third party claims, CLIENT
agrees to obtain and maintain for the benefit of ATS the same indemnities and
insurance benefits obtained for the protection of the CLIENT from any contractor or
subcontractor working on the project and shall obtain from that
contractor/subcontractor insurance certificates evidencing ATS as an additional
named insured.
X. INDEPENDENT CONTRACTOR
ATS shall be an independent contractor with respect to the Services to be performed
hereunder. Neither ATS nor its subcontractors, nor the employees of either, shall be deemed
to be the servants, employees, or agents of CLIENT.
XI. PRE-EXISTING CONDITIONS
Anything herein to the contrary notwithstanding, title to, ownership of, legal responsibility and
liability for any and all pre-existing contamination shall at all times remain with CLIENT. "Pre-
existing contamination" is any hazardous or toxic substance present at the site or sites
concerned which was not brought onto such site or sites by ATS. CLIENT agrees to release,
defend, indemnify and hold ATS harmless from and against any and all liability which may in
any manner arise in any way directly or indirectly caused by such pre-existing contamination
except if such liability arises from ATS's sole negligence or willful misconduct.
CLIENT shall, at CLIENT’s sole expense and risk, arrange for handling, storage,
transportation, treatment and delivery for disposal of pre-existing contamination. CLIENT shall
be solely responsible for obtaining a disposal site for such material. CLIENT shall look to the
Page 200 of 309
Page 5
disposal facility and/or transporter for any responsibility or liability arising from improper
disposal or transportation of such waste. ATS shall not have or exert any control over CLIENT
in CLIENT’s obligations or responsibilities as a generator in the storage, transportation,
treatment or disposal of any pre-existing contamination. CLIENT shall complete and execute
any governmentally required forms relating to regulated activities including, but not limited to
generation, storage, handling, treatment, transportation, or disposal of pre-existing
contamination. In the event that ATS executes or completes any governmentally required
forms relating to regulated activities including but not limited to storage, generation, treatment,
transportation, handling or disposal of hazardous or toxic materials, ATS shall be and be
deemed to have acted as CLIENT’s agent.
For ATS's Services requiring drilling, boring, excavation or soils sampling, CLIENT shall
approve selection of the contractors to perform such services, all site locations, and provide
ATS with all necessary information regarding the presence of underground hazards, utilities,
structures and conditions at the site.
XII. LIMITATION OF LIABILITY
CLIENT agrees that ATS’s liability for the act, error or omission in its performance of services
under this Agreement shall in no event exceed the amount of the total compensation received
by ATS. It is intended by the parties to this Agreement that ATS’s services in connection with
the project anticipated herein shall not subject ATS’s individual employees, officers, or
directors to any personal legal exposure for the risks associated with this project.
XIII. DISPUTE RESOLUTION
If a dispute arises out of, or relates to, the breach of this Agreement and if the dispute cannot
be settled through negotiation, then ATS and the CLIENT agree to submit the dispute to
mediation. In the event ATS or the CLIENT desires to mediate any dispute, that party shall
notify the other party in writing of the dispute desired to be mediated. If the parties are unable
to resolve their differences within 10 days of the receipt of such notice, such dispute shall be
submitted for mediation in accordance with the procedures and rules of the American
Arbitration Association (or any successor organization) then in effect. The deadline for
submitting the dispute to mediation can be changed if the parties mutually agree in writing to
extend the time between receipt of notice and submission to mediation. The expenses of the
mediator shall be shared 50 percent by ATS and 50 percent by the CLIENT. This requirement
to seek mediation shall be a condition required before filing an action at law or in equity.
However, prior to or during the negotiations or the mediation either party may initiate litigation
that would otherwise be barred by a statute of limitations, and ATS may pursue any property
liens or other rights it may have to obtain security for the payment of its invoices.
XIV. MISCELLANEOUS
(a) This Agreement constitutes the entire agreement between the parties hereto and
supersedes any oral or written representations, understandings, proposals, or
communications heretofore entered into by or on account of the parties and may not
be changed, modified, or amended except in writing signed by the parties hereto. In
Page 201 of 309
Page 6
the event of any conflict between this contract document and any of the exhibits
hereto, the terms and provisions of this contract document shall control. In the event
of any conflict among the exhibits, the exhibit of the latest date shall control.
(b) This Agreement shall be governed by the laws of the State of Iowa.
(c) ATS may subcontract any portion of the Services to a subcontractor approved by
CLIENT. In no case shall CLIENT's approval of any subcontract relieve ATS of any of
its obligations under this Agreement.
(d) In no event shall either party be liable to the other for indirect or consequential
damages, including, but not limited to, loss of use, loss of profit or interruption of
business, whether arising in contract, tort (including negligence), statute, or strict
liability.
(e) In the event CLIENT uses a purchase order form to administer this Agreement, the
use of such form shall be for convenience purposes only, and any typed provision in
conflict with the terms of this Agreement and all preprinted terms and conditions
contained in or on such forms shall be deemed stricken and null and void.
(f) This Agreement gives no rights or benefits to anyone other than CLIENT and ATS and
does not create any third party beneficiaries to the Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year written
below.
APPROVED FOR CITY OF WATERLOO APPROVED FOR AECOM
By: By:
Printed Name: Quentin Hart Printed Name: Douglas W. Schindel, P.E
Title: Mayor Title: Associate Vice President
Date: Date:
Page 202 of 309
Page 7
CITY OF WATERLOO
FY 2018 BRIDGE AND CULVERT REPAIRS
RIDGEWAY AVENUE, BISHOP AVENUE, EAST DONALD STREET, MITCHELL AVENUE AND
NEWELL STREET BRIDGE/CULVERT REPAIRS
EXHIBIT A
A. PROJECT DESCRIPTION
This project includes investigation, final design and construction plan preparation for repairs to
the Ridgeway Avenue (Bridge Report No. 2), Bishop Avenue (Bridge Report Culvert No. 21C),
East Donald Street (Bridge Report No. 15), Mitchell Avenue (Bridge Report No. 5) and Newell
Street (Bridge Report No. 14) bridge and culvert. The detailed field investigation will determine
the extent of the repairs required. It is anticipated the final construction plans will concentrate
on the expansion joint and structural repairs. Other repairs required, as determined in the
detailed field investigation, may need to be phased in with future bridge rehabilitation projects.
B. SCOPE OF SERVICES
The Scope of Services for the project will encompass and include services, materials,
equipment, personnel and supplies necessary to provide field investigation, preparation of
construction plans and specifications and project administration for the repairs of the structures
described above. The Scope of Services for the project is further defined below:
Detailed Field Investigation and Data Collection (Tasks 1-3)
The following identifies tasks leading to the data compilation of the structures’ existing
conditions required to design the structural repairs.
Task 1 – Detailed Field Investigation
Task 2 – Initial Quantity Development from Field Review
Task 3 – Base Mapping and Plan Sheet Development
Final Construction Plans and Specifications (Tasks 4-16)
These tasks include developing final construction plans and specifications for the repairs to
the five structures as described below:
a. Ridgeway Avenue Bridge Over Black Hawk Creek
Remove and Replace Expansion Joints
Sidewalk Approach Repairs and Miscellaneous Repairs
b. Bishop Avenue Culvert Over Blowers Creek
PCC Patch Repairs and HMA Approach Repairs
Install Guardrail and Culvert Headwall and Wingwall Repairs
c. East Donald Street Bridge Over Virden Creek
PCC Patch Repairs (Deck)
Approach Slab and Curb Repairs
d. Mitchell Avenue Over Dry Run Creek
Repairs to Approach Slab
Repair Wingwall Joint and Railings
Erosion Repairs at Wingwalls
Page 203 of 309
Page 8
e. Newell Street Bridge
Replace Approach Slabs
Repairs to Barrier Rail and Guardrail
Included in these tasks will be the typical sections and details, tabulations and quantities,
final plan sheets, detail sheets, traffic control details, quality control review, construction cost
estimate and technical specifications. The following specific tasks lead to the completion of
the final construction plans and specifications:
Task 4 - Title and Legend Sheets
Task 5 - Typical Sections and Details
Task 6 - Bid Items and General Notes
a. Bid Item and Quantity Listing
b. Estimate Reference Information
c. General Notes
Task 7 - Tabulations and Quantities
Task 8 - Plan Sheets
Task 9 – Detail Sheets
Task 10 - Traffic Control Sheets
Task 11 - Quality Control Review
Task 12 - Final Revisions
Task 13 - Construction Cost Estimate
Task 14 - Specifications
Task 15 - Printing and Submittals
Task 16 - Field Review
Project Administration, Coordination and Meetings (Tasks 17-19)
These tasks include project administration, coordination and meetings throughout the
project development. These tasks also include pre-letting activities and general project
administration. The following identifies tasks leading to the completion of project
administration, meetings and coordination during the design phase of the project.
Task 17 - Project Meetings
Task 18 - Pre-Letting Activities
Task 19 - Project Administration
Phase III - Construction-Related Services
The scope of construction-related services will be determined at the time the services are
needed and defined under a future amendment. Construction-related services include
construction staking, on-site field review, materials testing, contract administration during
construction and right-of-way staking.
O:\Administration\AGREE\PROF\Wat Bridge Culvert Repairs.doc
Page 204 of 309
CI TY OF WATER LOO
Council Communication
R es olution approving S upplemental Agreement No. 1 with AEC O M Technic al S ervices, Inc . of Waterloo,
Iowa, in the amount of $4,000, in conjunction with R unway 6/24, and authorize the Mayor to execute s aid
document.
City Council Meeting: 2/19/2018
Prepared: 2/13/2018
R EV I EWER S :
Department R eviewer Action Date
Airport Kaspari, Keith Approved 2/13/2018 - 5:25 P M
C lerk O ffice Even, LeAnn Approved 2/14/2018 - 10:54 AM
ATTA C H M EN TS:
D escription Type
Runway 6/24 S upplement N o: 1 C over M emo
AE C O M P ower P oint P resentation on C ost E stimate C over M emo
S UB J E C T:
R esolution approving S upplemental Agreement No. 1 with AEC O M
Technic al S ervices, Inc . of Waterloo, Iowa, in the amount of $4,000, in
c onjunc tion with R unway 6/24, and authorize the Mayor to exec ute said
doc ument.
S ubmitted by:S ubmitted By: Keith Kaspari, Airport Director
R ec ommended Ac tion:Approve of the above reques t by Airport S taff.
S ummary S tatement:
As part of a larger overall analys is of Waterloo R egional Airport's airfield
pavements , cons truction histories , current-day conditions of the pavements ,
P C I, AC N, etc., engineer's with AEC O M completed a power point
presentation with es timates to determine three (3) O ptions or Es timates for
the rehabilitation of R unway 6/24 at its current length and width, with
estimates as follows :
C omplete R ec onstruc tion: $5,200,000;
Two (2) Inch Mill & O verlay: $1,950,000; and,
Joint and C rack R epair & R epainting: $290,200.
Expenditure R equired:T his s taff request is for projec t es timating services, and will be paid for out
of the Airport's O perating Budget at a NT E amount of $4,000.
Page 205 of 309
S ource of F unds:T he s ourc e of funds for this reques t by S taff, will be via 7700 Airport
Adminis tration, Acc ount No: 1319 - O ther P rofessional S ervices
P olic y Issue:
T his request by S taff, complies with the C ity of Waterloo's S trategic P lan,
as follows:
G oal No: 1, and S trategy 1.3
G oal No: 2, and S trategy 2.2
G oal No: 3, and S trategy 3.1 and 3.5
G oal No: 4, and S trategy 4.5.
Alternative:
S ee above S ummary S tatement, regarding the O ptions and C os ts of the
T hree Above O ptions , to rehabilitate this runway at its current length (5,403
feet) and width (129).
Background Information:
T his request by S taff is being brought to the C ity C ouncil for approval to
allow the Airport Board Members , C ity S taff and S enior C ity Leaders hip, to
review additional options with actual engineering es timates , for the cost to
rehabilitate R unway 6/24 at a s horter length and width then it is today.
Legal Desc riptions :N/A
Page 206 of 309
AECOM 319-232-6531 tel
501 Sycamore Street 319-232-0271 fax
Suite 222
Waterloo, Iowa 50703
www.aecom.com
Page 1
AMENDMENT NUMBER 1
RUNWAY 6/24 AND ASSOCIATED TAXIWAYS
AIRFIELD PAVEMENT MAINTENANCE MANAGEMENT SYSTEM
WATERLOO REGIONAL AIRPORT
WATERLOO, IOWA
Project Description: See attachment and incorporated herein.
Scope of Services: See attachment and incorporated herein.
Compensation
Compensation for services for this amendment shall be a lump sum fee of Four Thousand Dollars
($4,000.00), raising the total lump sum fee to Thirteen Thousand Dollars ($13,000.00). See
attachment and incorporated herein.
General Conditions
Except as specifically amended by this Individual Project Agreement, services shall be provided in
accordance with the Consultant Services Agreement for the Waterloo Regional Airport, entered
between AECOM Technical Services, Inc. (“ATS”), and the City of Waterloo (“Client”), dated
April 15, 2014.
APPROVED: APPROVED:
CITY OF WATERLOO, IOWA AECOM TECHNICAL SERVICES, INC.
By: By:
Quentin Hart Douglas W. Schindel, P.E.
Mayor Associate Vice President
Date: Date:
Page 207 of 309
Page 2
AMENDMENT NO. 1
RUNWAY 6/24 AND ASSOCIATED TAXIWAYS
AIRFIELD PAVEMENT MAINTENANCE MANAGEMENT SYSTEM
WATERLOO REGIONAL AIRPORT
WATERLOO, IOWA
I. Project Description
The project is described as preparation of a Pavement Maintenance Management System
for the entire airfield at the Waterloo Regional Airport, Waterloo, Iowa. The project involves
a modification to Scope of Services to develop alternative cost estimates for rehabilitation of
Runway 6/24 pavements.
II. General Project Scope
The work to be performed by the Consultant shall encompass and include detailed work,
services, materials, equipment and supplies necessary to provide alternative cost analysis
for three (3) alternatives for rehabilitation of Runway 6/24 pavements in accordance with
the findings of the Airfield Pavement Maintenance Management System. The project
services shall be divided into the following tasks:
A. Alternatives Cost Analysis. This task consists of performing an economic analysis
for three (3) alternatives for a long-term maintenance and rehabilitation program for
the Runway 6/24 airfield pavements. Alternatives to be developed will include:
1. Overlay of the existing runway pavement.
2. Reconstruction of the existing runway pavement.
3. Modification of the existing runway length and width to serve only small
general aviation aircraft.
B. Meetings. This task consists of meetings and presentations related to the
development of the alternative cost analysis for the Pavement Maintenance
Management System for the Waterloo Regional Airport.
C. Administration. This task consists of administration and coordination of the project.
Interoffice meetings, general day-to-day administrative responsibilities, and typing
of interoffice memoranda and minutes of meetings are included in this task.
O:\Administration\AGREE\PROF\ALO Rwy 6-24 Amendment 1.docx
Page 208 of 309
Exhibit B
Runway 6/24 and Associated Taxiways
Airfield Pavement Maintenance Management System - Cost Alternatives
Waterloo Regional Airport Waterloo, Iowa
Engineering Services
Consultant Cost Summary (Lump Sum)
I. Direct Labor Cost
Category Hours Rate/Hour Amount
Senior Professional 8 $84.80 $678.40
Project Professional 0 $62.80 $0.00
Staff Professional 2 $47.30 $94.60
Professional 8 $35.30 $282.40
CADD Operator II 4 $35.20 $140.80
CADD Operator I 0 $24.10 $0.00
Senior Technician 0 $36.90 $0.00
Technician 0 $27.80 $0.00
Project Support 4 $32.00 $128.00 $1,324.20
26
II. Payroll Burden and Overhead Costs 135.09% $1,788.86
III. Direct Project Expenses
Category Units Rate/Unit Amount
Mileage 400 0.545 218.00
Per Diem 0 50.00 0.00
Lodging 0 90.00 0.00
B/W Copies 0 0.06 0.00
Color Copies 0 0.22 0.00
Plan Copier 0 0.50 0.00
EDM Equipment 0 12.50 0.00
GPS Equipment 0 25.00 0.00
Miscellaneous, Other 200.00 $418.00
IV. AECOM Estimated Actual Costs $3,531.06
Rounded $3,500.00
V. Subcontract Expense
$0.00
VI. Estimated Actual Costs $3,500.00
VII. Fixed Fee (15% of Items I & II) Rounded $500.00
VIII. Maximum Amount Payable $4,000.00
Page 209 of 309
Exhibit B
Item Description Senior Project Staff CADD CADD Senior Project
No.Prof Prof Prof Prof Operator II Operator I Technician Technician Support Totals
1 Alternative Cost Analysis 4 2 8 4 18
2 Meetings 2 2
3 Administration 2 46
Total Services 8028 4 0 0 0 426
Staff Hour Estimate
Runway 6/24 and Associated Taxiways
Waterloo Regional Airport Waterloo, Iowa
Engineering Services
Airfield Pavement Maintenance Management System - Cost Alternatives
Page 210 of 309
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i
e
r
1.686
Pa
v
e
m
e
n
t
M
a
n
a
g
e
m
e
n
t
P
r
o
g
r
a
m
-
A
i
r
p
o
r
t
B
o
a
r
d
U
p
d
a
t
e
Pa
g
e
2
1
8
o
f
3
0
9
Ma
i
n
t
e
n
a
n
c
e
a
n
d
R
e
h
a
b
i
l
i
t
a
t
i
o
n
C
o
s
t
9
De
s
c
r
i
p
t
i
o
n
C
o
n
s
t
r
u
c
t
i
o
n
It
e
m
U
n
i
t
Co
s
t
Un
i
t
Co
s
t
Pe
r
Sq
u
a
r
e
Fo
o
t
Un
i
t
Pr
i
c
e
Ba
s
e
Co
s
t
(P
e
r
Sq
u
a
r
e
Fo
o
t
)
Wi
t
h
In
c
i
d
e
n
t
a
l
s
(P
e
r
Sq
u
a
r
e
Fo
o
t
)
To
t
a
l
Co
s
t
(P
e
r
Sq
u
a
r
e
Ya
r
d
)
2 in
c
h
Co
l
d
Mi
l
l
& Ov
e
r
l
a
y
As
p
h
a
l
t
$
90
.
0
0
To
n
$
1.
1
3
Mi
l
l
i
n
g
$
4.
0
0
SY
D
$
0.
4
4
$
1.
5
7
$
2.
6
5
$
23
.
8
2
4 in
c
h
Mi
l
l
& Ov
e
r
l
a
y
As
p
h
a
l
t
$
90
.
0
0
To
n
$
2.
2
5
Mi
l
l
i
n
g
$
6.
0
0
SY
D
$
0.
6
7
$
2.
9
2
$
4.
9
2
$
44
.
2
6
Co
m
p
l
e
t
e
Re
c
o
n
s
t
r
u
c
t
‐
AC
(G
A
)
Re
m
o
v
a
l
$
5.
3
0
SY
D
$
0.
5
9
6 In
c
h
‐
Ex
c
a
v
a
t
i
o
n
$
5.
5
0
CY
D
$
0.
3
1
6 In
c
h
‐
Ba
s
e
Co
u
r
s
e
$
30
.
0
0
CY
D
$
1.
6
7
4 ‐In
c
h
As
p
h
a
l
t
$
80
.
0
0
To
n
$
2.
0
0
$
4.
5
6
$
7.
6
9
$
69
.
2
1
Co
m
p
l
e
t
e
Re
c
o
n
s
t
r
u
c
t
‐
AC
Re
m
o
v
a
l
$
5.
3
0
SY
D
$
0.
5
9
6 In
c
h
‐
Ex
c
a
v
a
t
i
o
n
$
5.
5
0
CY
D
$
0.
3
1
6 In
c
h
‐
Ba
s
e
Co
u
r
s
e
$
45
.
0
0
CY
D
$
2.
5
0
6 ‐In
c
h
As
p
h
a
l
t
$
90
.
0
0
To
n
$
2.
2
5
$
5.
6
4
$
9.
5
2
$
85
.
6
5
Pa
v
e
m
e
n
t
M
a
n
a
g
e
m
e
n
t
P
r
o
g
r
a
m
-
A
i
r
p
o
r
t
B
o
a
r
d
U
p
d
a
t
e
Pa
g
e
2
1
9
o
f
3
0
9
Ma
i
n
t
e
n
a
n
c
e
a
n
d
R
e
h
a
b
i
l
i
t
a
t
i
o
n
C
o
s
t
10
De
s
c
r
i
p
t
i
o
n
C
o
n
s
t
r
u
c
t
i
o
n
It
e
m
U
n
i
t
Co
s
t
Un
i
t
Co
s
t
Pe
r
Sq
u
a
r
e
Fo
o
t
Un
i
t
Pr
i
c
e
Ba
s
e
Co
s
t
(P
e
r
Sq
u
a
r
e
Fo
o
t
)
WI
t
h
In
c
i
d
e
n
t
a
l
s
(P
e
r
Sq
u
a
r
e
Fo
o
t
)
To
t
a
l
Co
s
t
(P
e
r
Sq
u
a
r
e
Ya
r
d
)
Co
m
p
l
e
t
e
Re
c
o
n
s
t
r
u
c
t
‐
PC
C
Re
m
o
v
a
l
$
6.
0
0
SY
D
$
0.
6
7
6 In
c
h
‐
Ex
c
a
v
a
t
i
o
n
$
5.
5
0
CY
D
$
0.
3
1
6 In
c
h
‐
Ba
s
e
Co
u
r
s
e
$
45
.
0
0
CY
D
$
2.
5
0
PC
C
Su
r
f
a
c
e
$
60
.
0
0
SY
D
$
6.
6
7
$
10
.
1
4
$
17
.
0
9
$
15
3
.
8
5
PC
C
Wh
i
t
e
t
o
p
Mi
l
l
i
n
g
$
4.
0
0
SY
D
$
0.
4
4
6 In
c
h
‐
Ex
c
a
v
a
t
i
o
n
$
‐
CY
D
$
‐
To
p
s
o
i
l
i
n
g
$
30
.
0
0
CY
D
$
0.
0
7
PC
C
Su
r
f
a
c
e
$
65
.
0
0
SY
D
$
7.
2
2
$
7.
7
4
$
13
.
0
5
$
11
7
.
4
6
Pa
v
e
m
e
n
t
Ma
i
n
t
e
n
a
n
c
e
‐
AC
C
Jo
i
n
t
&
Cr
a
c
k
Se
a
l
a
n
t
$
0.
5
5
SY
D
$
0.
0
6
Pa
v
e
m
e
n
t
Re
j
u
v
i
n
a
t
o
r
$
1.
5
0
SY
D
$
0.
1
7
Pa
v
e
m
e
n
t
Ma
r
k
i
n
g
$
2.
0
0
SY
D
$
0.
2
2
$
0.
4
5
$
0.
7
6
$
6.
8
3
Pa
v
e
m
e
n
t
M
a
n
a
g
e
m
e
n
t
P
r
o
g
r
a
m
-
A
i
r
p
o
r
t
B
o
a
r
d
U
p
d
a
t
e
Pa
g
e
2
2
0
o
f
3
0
9
Pr
i
o
r
i
t
y
1
–
M
a
j
o
r
M
a
i
n
t
e
n
a
n
c
e
a
n
d
R
e
p
a
i
r
P
r
o
j
e
c
t
s
11
Ne
t
w
o
r
k
I
D
B
r
a
n
c
h
I
D
C
u
r
r
e
n
t
PC
I
Cr
i
t
i
c
a
l
PC
I
Da
t
e
Cr
i
t
i
c
a
l
PC
I
Fo
r
e
c
a
s
t
e
d
Ar
e
a
(S
q
u
a
r
e
Fo
o
t
)
Es
t
i
m
a
t
e
d
M
a
j
o
r
M&
R
Co
s
t
(S
q
u
a
r
e
Fo
o
t
)
Major M&R
C
o
s
t
Estimate
Ru
n
w
a
y
R
u
n
w
a
y
12
‐30
‐1
7
5
6
5
2
0
2
1
1
6
5
,
0
0
0
$
1
3
.
1
0
$
2
,
1
6
1
,
5
0
0
Ru
n
w
a
y
R
u
n
w
a
y
12
‐30
‐2
7
4
6
5
2
0
2
0
1
6
1
,
8
5
0
$
1
3
.
1
0
$
2
,
1
2
0
,
2
3
5
Ru
n
w
a
y
R
u
n
w
a
y
12
‐30
‐3
7
6
6
5
2
0
2
1
3
4
6
,
6
5
0
$
1
3
.
1
0
$
4
,
5
4
1
,
1
1
5
Ru
n
w
a
y
R
u
n
w
a
y
12
‐30
‐4
7
6
6
5
2
0
2
1
3
0
1
,
5
0
0
$
1
3
.
1
0
$
3
,
9
4
9
,
6
5
0
Ru
n
w
a
y
R
u
n
w
a
y
12
‐30
‐5
7
5
6
5
2
0
2
3
1
3
5
,
0
0
0
$
1
3
.
1
0
$
1
,
7
6
8
,
5
0
0
Ru
n
w
a
y
R
u
n
w
a
y
12
‐30
‐6
7
7
6
5
2
0
2
1
1
5
0
,
0
0
0
$
1
3
.
1
0
$
1
,
9
6
5
,
0
0
0
Ru
n
w
a
y
R
u
n
w
a
y
1
8
‐36
‐3
7
5
6
5
2
0
2
2
8
0
,
2
5
0
$
9
.
5
2
$
7
6
3
,
7
0
0
Ru
n
w
a
y
R
u
n
w
a
y
1
8
‐36
‐4
6
8
6
5
2
0
1
9
1
3
4
,
1
2
4
$
9
.
5
2
$
1
,
2
7
6
,
3
9
5
Ru
n
w
a
y
R
u
n
w
a
y
1
8
‐36
‐5
8
1
6
5
2
0
2
3
4
5
,
0
0
0
$
9
.
5
2
$
4
2
8
,
2
4
5
Ru
n
w
a
y
R
u
n
w
a
y
1
8
‐36
‐6
7
1
6
5
2
0
1
9
1
5
,
4
5
0
$
9
.
5
2
$
1
4
7
,
0
3
0
Ru
n
w
a
y
R
u
n
w
a
y
1
8
‐36
‐7
8
4
6
5
2
0
2
5
8
9
,
5
5
0
$
1
3
.
1
0
$
1
,
1
7
3
,
1
0
5
Ru
n
w
a
y
R
u
n
w
a
y
1
8
‐36
‐8
8
2
6
5
2
0
2
4
9
0
,
4
5
0
$
1
3
.
1
0
$
1
,
1
8
4
,
8
9
5
TO
T
A
L
PR
I
O
R
I
T
Y
1
$
2
1
,
4
7
9
,
3
7
0
Pa
v
e
m
e
n
t
M
a
n
a
g
e
m
e
n
t
P
r
o
g
r
a
m
-
A
i
r
p
o
r
t
B
o
a
r
d
U
p
d
a
t
e
Pa
g
e
2
2
1
o
f
3
0
9
Pr
i
o
r
i
t
y
2
a
n
d
3
–
M
a
j
o
r
M
a
i
n
t
e
n
a
n
c
e
a
n
d
R
e
p
a
i
r
P
r
o
j
e
c
t
s
12
Ne
t
w
o
r
k
ID
Pr
i
o
r
i
t
y
B
r
a
n
c
h
I
D
C
u
r
r
e
n
t
PC
I
Cr
i
t
i
c
a
l
PC
I
Da
t
e
Cr
i
t
i
c
a
l
PC
I
Fo
r
e
c
a
s
t
e
d
Ar
e
a
(S
q
u
a
r
e
Fo
o
t
)
Es
t
i
m
a
t
e
d
Ma
j
o
r
M&
R
Co
s
t
(S
q
u
a
r
e
Fo
o
t
)
Major M&R Cost Estimate
Ta
x
i
w
a
y
2
T
W
B
‐1
3
7
6
0
C
u
r
r
e
n
t
1
6
5
,
0
0
0
$
1
3
.
1
0
$
9
0
4
,
5
5
0
Ta
x
i
w
a
y
2
T
W
B
‐2
3
0
6
0
C
u
r
r
e
n
t
1
6
1
,
8
5
0
$
1
3
.
1
0
$
7
5
0
,
9
6
0
Ta
x
i
w
a
y
2
T
W
B
‐3
3
7
6
0
C
u
r
r
e
n
t
3
4
6
,
6
5
0
$
1
3
.
1
0
$
3
7
3
,
5
7
0
Ta
x
i
w
a
y
2
T
W
A
‐2
6
0
6
0
C
u
r
r
e
n
t
3
0
1
,
5
0
0
$
9
.
5
2
$
3
1
7
,
2
0
0
Ta
x
i
w
a
y
2
T
W
A
‐2A
5
1
6
0
C
u
r
r
e
n
t
1
3
5
,
0
0
0
$
9
.
5
2
$
1
7
6
,
9
0
0
Ta
x
i
w
a
y
2
T
W
A
‐3
3
2
6
0
C
u
r
r
e
n
t
1
5
0
,
0
0
0
$
9
.
5
2
$
3
6
8
,
8
0
0
Ta
x
i
w
a
y
2
T
W
A
‐3A
5
2
6
0
C
u
r
r
e
n
t
8
0
,
2
5
0
$
9
.
5
2
$
2
6
3
,
3
0
0
Ta
x
i
w
a
y
2
T
W
A
‐3B
4
2
6
0
C
u
r
r
e
n
t
1
3
4
,
1
2
4
$
9
.
5
2
$
1
6
3
,
5
5
0
Ap
r
o
n
3
T
‐64
2
6
0
I
n
20
1
8
Pl
a
n
3
0
,
2
1
1
$
1
7
.
0
9
$
5
1
6
,
4
5
0
Ap
r
o
n
3
T
‐1
5
4
6
0
C
u
r
r
e
n
t
3
5
,
6
7
1
$
1
7
.
0
9
$
6
0
9
,
8
0
0
TO
T
A
L
PR
I
O
R
I
T
Y
2&
3
$
4
,
4
4
5
,
0
8
0
Pa
v
e
m
e
n
t
M
a
n
a
g
e
m
e
n
t
P
r
o
g
r
a
m
-
A
i
r
p
o
r
t
B
o
a
r
d
U
p
d
a
t
e
Pa
g
e
2
2
2
o
f
3
0
9
Pr
i
o
r
i
t
y
4
,
5
a
n
d
6
–
M
a
j
o
r
M
a
i
n
t
e
n
a
n
c
e
a
n
d
R
e
p
a
i
r
P
r
o
j
e
c
t
s
13
Ne
t
w
o
r
k
I
D
P
r
i
o
r
i
t
y
B
r
a
n
c
h
I
D
C
u
r
r
e
n
t
PC
I
Cr
i
t
i
c
a
l
PC
I
Da
t
e
Cr
i
t
i
c
a
l
P
C
I
Fo
r
e
c
a
s
t
e
d
Ar
e
a
(S
q
u
a
r
e
Fo
o
t
)
Es
t
i
m
a
t
e
d
Ma
j
o
r
M&
R
Co
s
t
(S
q
u
a
r
e
Fo
o
t
)
Major M&R Cost Estimate
Ap
r
o
n
4
W
G
A
‐6
5
5
5
C
u
r
r
e
n
t
2
1
,
7
9
3
$
7
.
6
9
$
1
6
7
,
6
0
0
Ap
r
o
n
4
W
G
A
‐8
7
5
5
C
u
r
r
e
n
t
5
,
6
5
9
$
7
.
6
9
$
4
3
,
5
2
0
Ap
r
o
n
4
W
G
A
‐8A
3
0
5
5
C
u
r
r
e
n
t
7
,
4
3
7
$
7
.
6
9
$
5
7
,
1
9
0
Ap
r
o
n
4
W
G
A
‐9
2
7
5
5
C
u
r
r
e
n
t
3
4
,
7
4
3
$
7
.
6
9
$
2
6
7
,
1
7
5
Ap
r
o
n
4
E
G
A
‐2
2
6
5
5
C
u
r
r
e
n
t
5
9
,
9
1
9
$
7
.
6
9
$
4
6
0
,
7
8
0
Ru
n
w
a
y
5
R
6
‐24
‐1
3
9
5
5
C
u
r
r
e
n
t
1
2
9
,
0
2
8
$
7
.
6
9
$
9
9
2
,
2
0
0
Ru
n
w
a
y
5
R
6
‐24
‐2
3
9
5
5
C
u
r
r
e
n
t
2
2
8
,
3
2
8
$
7
.
6
9
$
1
,
7
5
5
,
8
5
0
Ru
n
w
a
y
5
R
6
‐24
‐3
4
1
5
5
C
u
r
r
e
n
t
1
7
6
,
7
5
0
$
7
.
6
9
$
1
,
3
5
9
,
2
0
0
Ru
n
w
a
y
5
R
6
‐24
‐4
3
7
5
5
C
u
r
r
e
n
t
1
3
0
,
8
1
0
$
7
.
6
9
$
1
,
0
0
5
,
9
5
0
Ta
x
i
w
a
y
6
T
‐1
1
5
5
C
u
r
r
e
n
t
2
0
,
9
2
0
$
7
.
6
9
$
1
6
0
,
9
0
0
TO
T
A
L
PR
I
O
R
I
T
Y
4,
5 & 6
$
6
,
2
7
0
,
3
6
5
Pa
v
e
m
e
n
t
M
a
n
a
g
e
m
e
n
t
P
r
o
g
r
a
m
-
A
i
r
p
o
r
t
B
o
a
r
d
U
p
d
a
t
e
Pa
g
e
2
2
3
o
f
3
0
9
Ma
j
o
r
M
a
i
n
t
e
n
a
n
c
e
a
n
d
R
e
p
a
i
r
S
u
m
m
a
r
y
14
Pr
i
o
r
i
t
y
M
a
j
o
r
M&
R
C
o
s
t
Es
t
i
m
a
t
e
Pr
i
o
r
i
t
y
1 (P
r
i
m
a
r
y
Ru
n
w
a
y
s
)
$
2
1
,
4
7
9
,
3
7
0
Pr
i
o
r
i
t
y
2
(T
a
x
i
w
a
y
s
)
$
3
,
3
1
8
,
8
3
0
Pr
i
o
r
i
t
y
3 (T
e
r
m
i
n
a
l
Ap
r
o
n
)
$
1
,
1
2
6
,
2
5
0
Pr
i
o
r
i
t
y
4 (G
e
n
e
r
a
l
A
v
i
a
t
i
o
n
Ap
r
o
n
)
$
9
9
6
,
2
6
5
Pr
i
o
r
i
t
y
5 (S
e
c
o
n
d
a
r
y
R
u
n
w
a
y
)
$
5
,
1
1
3
,
2
0
0
Pr
i
o
r
i
t
y
6
(A
N
G
Ta
x
i
w
a
y
)
$
1
6
0
,
9
0
0
TO
T
A
L
MA
J
O
R
M
&
R
$
3
2
,
1
9
4
,
8
1
5
Pa
v
e
m
e
n
t
M
a
n
a
g
e
m
e
n
t
P
r
o
g
r
a
m
-
A
i
r
p
o
r
t
B
o
a
r
d
U
p
d
a
t
e
Pa
g
e
2
2
4
o
f
3
0
9
Re
c
o
m
m
e
n
d
e
d
1
0
Y
e
a
r
M
&
R
P
l
a
n
15
Ye
a
r
D
e
s
c
r
i
p
t
i
o
n
E
s
t
i
m
a
t
e
d
Pr
o
j
e
c
t
C
o
s
t
(R
o
u
n
d
e
d
)
20
1
9
N
o
Pr
o
j
e
c
t
–B
a
n
k
FA
A
AI
P
Fu
n
d
s
20
2
0
T
a
x
i
w
a
y
B (P
C
C
Wh
i
t
e
‐to
p
)
$
2
,
0
3
0
,
0
0
0
20
2
1
R
u
n
w
a
y
12
‐30
/
R
u
n
w
a
y
18
‐36
(M
a
i
n
t
e
n
a
n
c
e
)
$
1
,
1
6
3
,
0
0
0
20
2
2
T
a
x
i
w
a
y
A We
s
t
(M
i
l
l
an
d
Ov
e
r
l
a
y
)
$
1
,
2
9
0
,
0
0
0
20
2
3
N
o
Pr
o
j
e
c
t
–B
a
n
k
FA
A
AI
P
Fu
n
d
s
20
2
4
R
u
n
w
a
y
1
8
‐36
(M
i
l
l
an
d
Ov
e
r
l
a
y
)
$
2
,
6
1
6
,
0
0
0
20
2
5
R
u
n
w
a
y
12
‐30
De
s
i
g
n
$
9
2
5
,
0
0
0
20
2
6
R
u
n
w
a
y
12
‐30
(P
C
C
Wh
i
t
e
‐to
p
)
Ph
a
s
e
1
$
3
,
8
9
6
,
0
0
0
20
2
7
R
u
n
w
a
y
12
‐30
(P
C
C
Wh
i
t
e
‐to
p
)
Ph
a
s
e
2
$
3
,
8
9
6
,
0
0
0
20
2
8
R
u
n
w
a
y
12
‐30
(P
C
C
Wh
i
t
e
‐to
p
)
Ph
a
s
e
3
$
3
,
8
9
6
,
0
0
0
20
2
9
R
u
n
w
a
y
12
‐30
(P
C
C
Wh
i
t
e
‐to
p
)
Ph
a
s
e
4
$
3
,
8
9
6
,
0
0
0
20
3
0
T
e
r
m
i
n
a
l
A
p
r
o
n
(T
‐1 Ar
e
a
)
$
6
1
0
,
0
0
0
TO
T
A
L
10
Ye
a
r
M&
R
Pl
a
n
$
2
4
,
2
1
8
,
0
0
0
Pa
v
e
m
e
n
t
M
a
n
a
g
e
m
e
n
t
P
r
o
g
r
a
m
-
A
i
r
p
o
r
t
B
o
a
r
d
U
p
d
a
t
e
Pa
g
e
2
2
5
o
f
3
0
9
Wa
t
e
r
l
o
o
R
e
g
i
o
n
a
l
A
i
r
p
o
r
t
C
a
p
i
t
a
l
I
m
p
r
o
v
e
m
e
n
t
P
r
o
g
r
a
m
16
Pa
v
e
m
e
n
t
M
a
n
a
g
e
m
e
n
t
P
r
o
g
r
a
m
-
A
i
r
p
o
r
t
B
o
a
r
d
U
p
d
a
t
e
Pa
g
e
2
2
6
o
f
3
0
9
Ru
n
w
a
y
6
-
2
4
17–Pa
v
e
m
e
n
t
C
o
n
d
i
t
i
o
n
I
n
d
e
x
L
e
s
s
t
h
a
n
4
0
–No
t
e
l
i
g
i
b
l
e
f
o
r
F
A
A
F
u
n
d
i
n
g
a
s
N
o
t
e
d
i
n
t
h
e
F
A
A
A
I
P
(
A
i
r
p
o
r
t
Im
p
r
o
v
e
m
e
n
t
P
r
o
g
r
a
m
)
H
a
n
d
b
o
o
k
–
F
A
A
O
r
d
e
r
5
1
0
0
-
3
8
Pa
v
e
m
e
n
t
M
a
n
a
g
e
m
e
n
t
P
r
o
g
r
a
m
-
A
i
r
p
o
r
t
B
o
a
r
d
U
p
d
a
t
e
Pa
g
e
2
2
7
o
f
3
0
9
Wa
t
e
r
l
o
o
R
e
g
i
o
n
a
l
A
i
r
p
o
r
t
–
C
r
o
s
s
W
i
n
d
C
o
v
e
r
a
g
e
18–Ru
n
w
a
y
s
1
2
-
3
0
a
n
d
R
u
n
w
a
y
1
8
-
3
6
P
r
o
v
i
d
e
G
r
e
a
t
e
r
t
h
a
n
9
5
%
W
i
n
d
Co
v
e
r
a
g
e
Pa
v
e
m
e
n
t
M
a
n
a
g
e
m
e
n
t
P
r
o
g
r
a
m
-
A
i
r
p
o
r
t
B
o
a
r
d
U
p
d
a
t
e
Pa
g
e
2
2
8
o
f
3
0
9
Ru
n
w
a
y
6
-
2
4
P
a
v
e
m
e
n
t
C
o
n
d
i
t
i
o
n
19
Pa
v
e
m
e
n
t
M
a
n
a
g
e
m
e
n
t
P
r
o
g
r
a
m
-
A
i
r
p
o
r
t
B
o
a
r
d
U
p
d
a
t
e
Pa
g
e
2
2
9
o
f
3
0
9
–Ru
n
w
a
y
6
-
2
4
P
a
v
e
m
e
n
t
A
r
e
a
•
5
4
0
0
f
o
o
t
b
y
1
3
0
f
o
o
t
•
6
6
4
,
9
0
0
S
q
u
a
r
e
F
e
e
t
w
h
e
n
e
l
i
m
i
n
a
t
i
n
g
t
h
e
i
n
t
e
r
s
e
c
t
i
n
g
R
u
n
w
a
y
s
•
E
x
i
s
t
i
n
g
P
a
v
e
m
e
n
t
S
e
c
t
i
o
n
o
4
–
I
n
c
h
e
s
A
s
p
h
a
l
t
S
u
r
f
a
c
e
o
9
–
I
n
c
h
e
s
o
f
C
r
u
s
h
e
d
B
a
s
e
–Co
m
p
l
e
t
e
R
e
c
o
n
s
t
r
u
c
t
i
o
n
•
M
i
n
i
m
u
m
P
a
v
e
m
e
n
t
S
e
c
t
i
o
n
o
4
–
I
n
c
h
e
s
A
s
p
h
a
l
t
S
u
r
f
a
c
e
o
6
–
I
n
c
h
e
s
C
r
u
s
h
e
d
R
o
c
k
•
$
7
.
8
0
p
e
r
s
q
u
a
r
e
f
o
o
t
u
t
i
l
i
z
i
n
g
I
D
O
T
m
a
t
e
r
i
a
l
s
f
o
r
A
s
p
h
a
l
t
a
n
d
C
r
u
s
h
e
d
Ro
c
k
•
$5
.
2
M
i
l
l
i
o
n
20Ru
n
w
a
y
6
-
2
4
R
e
p
a
i
r
C
o
s
t
E
s
t
i
m
a
t
e
s
Pa
v
e
m
e
n
t
M
a
n
a
g
e
m
e
n
t
P
r
o
g
r
a
m
-
A
i
r
p
o
r
t
B
o
a
r
d
U
p
d
a
t
e
Pa
g
e
2
3
0
o
f
3
0
9
–Mi
l
l
a
n
d
O
v
e
r
l
a
y
•
2
-
i
n
c
h
m
i
l
l
(
r
e
m
o
v
a
l
o
f
t
h
e
t
o
p
2
-
i
n
c
h
e
s
o
f
a
s
p
h
a
l
t
)
o
$2
.
6
5
p
e
r
s
q
u
a
r
e
f
o
o
t
•
R
e
q
u
i
r
e
s
f
u
l
l
d
e
p
t
h
p
a
t
c
h
i
n
g
o
f
H
i
g
h
S
e
v
e
r
i
t
y
C
r
a
c
k
i
n
g
o
6,
1
5
0
L
i
n
e
a
r
F
e
e
t
f
r
o
m
P
C
I
S
u
r
v
e
y
o
Re
p
a
i
r
w
o
u
l
d
b
e
2
f
o
o
t
i
n
w
i
d
t
h
o
$1
5
p
e
r
s
q
u
a
r
e
f
o
o
t
•
P
a
v
e
m
e
n
t
R
e
m
a
i
n
i
n
g
a
f
t
e
r
M
i
l
l
i
n
g
i
s
f
r
o
m
1
9
4
4
•
P
o
t
e
n
t
i
a
l
f
o
r
F
u
t
u
r
e
R
e
f
l
e
c
t
i
v
e
C
r
a
c
k
i
n
g
•
$1
.
9
5
M
i
l
l
i
o
n
21Ru
n
w
a
y
6
-
2
4
R
e
p
a
i
r
C
o
s
t
E
s
t
i
m
a
t
e
s
Pa
v
e
m
e
n
t
M
a
n
a
g
e
m
e
n
t
P
r
o
g
r
a
m
-
A
i
r
p
o
r
t
B
o
a
r
d
U
p
d
a
t
e
Pa
g
e
2
3
1
o
f
3
0
9
–Jo
i
n
t
a
n
d
C
r
a
c
k
R
e
p
a
i
r
•
R
e
q
u
i
r
e
s
F
u
l
l
D
e
p
t
h
P
a
t
c
h
i
n
g
o
f
H
i
g
h
S
e
v
e
r
i
t
y
C
r
a
c
k
i
n
g
o
6,
1
5
0
L
i
n
e
a
r
F
e
e
t
f
r
o
m
P
C
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9
CI TY OF WATER LOO
Council Communication
R es olution approving S upplemental Agreement No. 1 to the P rofes s ional S ervic es Agreement with HR G reen
C ompany of C edar R apids, Iowa, in the amount of $5,300 in conjunction with the former C hamberlain site
redevelopment planning, and authorize the Mayor to exec ute said document.
City Council Meeting: 2/19/2018
Prepared: 2/14/2018
R EV I EWER S :
Department R eviewer Action Date
P lanning & Z oning S chroeder, Aric Approved 2/14/2018 - 10:17 AM
C lerk O ffice Even, LeAnn Approved 2/14/2018 - 10:48 AM
ATTA C H M EN TS:
D escription Type
O riginal P rofessional Services Agreement C over M emo
P rofessional Services Agreement Amendment #1 C over M emo
S UB J E C T:
R esolution approving S upplemental Agreement No. 1 to the P rofessional
S ervices Agreement with HR G reen C ompany of C edar R apids , Iowa, in
the amount of $5,300 in conjunction with the former C hamberlain site
redevelopment planning, and authorize the Mayor to execute s aid doc ument.
S ubmitted by:S ubmitted By: Noel Anderson, C ommunity P lanning & Development
Direc tor
R ec ommended Ac tion:Approval.
S ummary S tatement:
T he C ity of Waterloo approved a P rofes s ional S ervic es Agreement in the
amount of $60,000 to have HR G reen analyze all of the environmental
reports , look at potential reuse of the s ite, so as to provide redevelopment
options to be presented to the public for input on the future of the former
C hamberlain Manufac turing site.
Extra work performed over and above the original contrac t cons is ted of the
following:
HR G reen participated in one on-s ite meeting and conduc ted approximately
five telephone c onference meetings with the environmental c onsultant
(R amboll Environ Inc.), or designated sub-cons ultant, retained by the former
operator of the C hamberlain Manufac turing P lant (T he Duchos s ois G roup)
on behalf of the c ity. T hese conversations where intended to advanc e both
the remediation and long term redevelopment of the s ite.Total fee: $3,418.50.
T he original c ontract spec ified that HR G reen would produc e three des ign
c onc epts focus ed on residential land uses located on the former C hamberlain
Manufacturing P lant. During the projec t it was decided that a 4th c onc ept
Page 234 of 309
should be offered to the public; therefore s taff requested a fourth des ign to
provide as many concepts as pos s ible to present at the open house. Total
fee: $1,500.00.
HR G reen c oordinated efforts with the city Engineering Department to
determine owners hip and certification s tatus of an earthen levee surrounding
the former C hamberlain Manufac turing P lant as part of the redevelopment
planning exerc is e. Total fee: $381.50.
T he total revis ed c ontract amount is $65,300.
Expenditure R equired:$5,300
S ource of F unds:Bonds and T I F funds
P olic y Issue:Brownfield R edevelopment and Neighborhood R evitalization
Background Information:
T he C ity of Waterloo has been working for years with EPA and the
C hamberlain parent c ompany for the c leanup, demolition, and now
redevelopment of the former C hamberlain site. T he C ity has us ed a variety
of different funding methods including federal EDI funds , S tate brownfield
funds, loc al funds, etc. for the site to be moved ahead towards
redevelopment.
Legal Desc riptions :NA
Page 235 of 309
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(Rev. 3-3-2011)
HR GREEN, INC.
PROFESSIONAL SERVICES AGREEMENT AMENDMENT NO. 1
THIS AMENDMENT, made this 20th day of November, 2017 by and between, City of Waterloo
(hereafter "CLIENT"), and HR GREEN, INC. (hereafter "COMPANY"), for professional services
concerning:
Former Chamberlain Manufacturing Plan Redevelopment
hereby amends the original Professional Services Agreement dated April 24, 2017 as follows:
CLIENT and COMPANY agree to amend the Scope of Services of the original Professional Services
Agreement and previous amendments as follows:
COMPANY participated in one on-site meeting (06/15/17) and no less than five phone
conference meetings with the environmental consultant (Ramboll Environ Inc.), or designated
subconsultant, retained by the former operator of the Chamberlain Manufacturing Plant (The
Duchossois Group) at the request of the CLIENT. These conversations intended to advance
both the remediation and long term redevelopment of the site. CLIENT acknowledged that
these non-scope collaborative efforts were necessary to continue preparing the former
Chamberlain Manufacturing Plant for future opportunities. Total fee: $3,418.50.
COMPANY produced a fourth design concept focused on residential land uses locating on the
former Chamberlain Manufacturing Plant at the request of the CLIENT prior to the open house.
CLIENT subsequently requested COMPANY not present the additional design concept to the
public after production had finished. Total fee: $1,500.00.
COMPANY coordinated efforts with CLIENT’s Engineering Department to determine ownership
and certification status of an earthen levee surrounding the former Chamberlain Manufacturing
Plant as part of the redevelopment planning exercise. Total fee: $381.50.
COMPANY Project Number: 170121
CLIENT and COMPANY agree to amend other provisions of the original Professional Services
Agreement and previous amendments as follows:
N/A
In consideration for these services, CLIENT AGREES to adjust the payment for services performed by
COMPANY on the following basis:
Per current rate schedule with an actual fee of Five Thousand Three Hundred Dollars ($5,300)
The total authorized compensation after this Amendment, including the original Professional Services
Agreement and all previous Amendments, is Sixty Five Thousand Three Hundred Dollars ($65,300)
THIS AMENDMENT includes services rendered to date by COMPANY for this effort.
THIS AMENDMENT is subject to all provisions of the original Professional Services Agreement.
THIS AMENDMENT, together with the original Professional Services Agreement and all previous
Page 243 of 309
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CI TY OF WATER LOO
Council Communication
R es olution approving a reques t by C G A Engineers on behalf of BC S P roperties, LLC for the preliminary plat
of Village West 2nd Addition, a three lot c ommercial s ubdivis ion, loc ated at the northeas t corner of Highway
63 and Wes t R idgeway Avenue.
City Council Meeting: 2/19/2018
Prepared: 2/13/2018
R EV I EWER S :
Department R eviewer Action Date
P lanning & Z oning S chroeder, Aric Approved 2/14/2018 - 9:18 AM
C lerk O ffice Even, LeAnn Approved 2/14/2018 - 11:05 AM
ATTA C H M EN TS:
D escription Type
Attachments - Village West 2nd P re P lat C over M emo
S UB J E C T:
R esolution approving a request by C G A Engineers on behalf of BC S
P roperties , LLC for the preliminary plat of Village West 2nd Addition, a
three lot commerc ial subdivision, located at the northeast c orner of Highway
63 and West R idgeway Avenue.
S ubmitted by:S ubmitted By: Noel Anderson, C ommunity P lanning and Development
Direc tor
R ec ommended Ac tion:Approval
Trans mitted herewith is a request for the preliminary plat of Village West 2nd
Addition, a three lot c ommercial s ubdivis ion located at the northeast c orner
of Highway 63 and West R idgeway Avenue. P leas e find attac hed to this
c ouncil trans mittal the following items:
S taff report
Aerial photograph
P reliminary P lat
Legal Desc ription
R eport of C ity Engineer
T he request would not appear to have a negative impac t on the surrounding
neighborhood or land us e. T he area is currently s eeing an increase in new
c ommercial development with recent approval of rezoning and plat reques ts.
T he request would not appear to have a negative impac t on vehicular or
pedestrian traffic movements in the area. T he area is s erved by West
R idgeway Avenue, whic h is c las s ified as a Minor Arterial, and Highway 63 is
immediately to the wes t and is c las s ified as a P rincipal Arterial. T he
proposed plat s hows a new 31’ wide s treet being dedicated and extending
northward from Wes t R idgeway Avenue in a 60’ right-of-way, and the
Page 245 of 309
S ummary S tatement:
proposed name is F oundation Drive. T he s ubmitted preliminary plat shows
the extension of new sidewalk along both s ides of that new street.
P latting of the land would not appear to have a negative impact upon
drainage in the area, however, as the area develops, it will be nec es s ary that a
storm water detention plan is s ubmitted to the Engineering Department for
review and that s torm water is properly detained upon the site. T he C ity of
Waterloo’s s torm water ordinanc e requires for new subdivisions that there be
a place provided for storm water detention, and the storm water management
plan is des igned to hold bac k the runoff from a 100-year rain event.
T he s ubmitted plat s hows three new lots being platted along West R idgeway
Avenue and the extension of a new 31’ wide street in a 60’ right-of-way
northward, whic h is labeled as Trac t A. Lot s izes of the three lots are 1.53,
1.82 and 2.57 ac res in size, and it appears all proper s etbac k lines are
denoted. T here is new 8” water and s anitary s ewer s hown being extended
in F oundation Drive, that c an s erve the subdivision. T here is also s anitary
sewer in Wes t R idgeway Avenue that serve Lots 2 and 3. A 62’
ingress/egress eas ement is s hown across the fronts of Lots 2 and 3 to allow
for the movement of traffic between the two lots to ac cess F oundation Drive
of the exis ting driveway to the east of the plat.
T he applicant has s ubmitted a grading plan that shows existing and proposed
c ontours, and it appears that the applic ant is propos ing to fill the site at an
average level of 866’ to provide a more level area. C urrently, the s ite ranges
from 860’ along Highway 63 to 871’ towards the c enter of the property then
tapering down to 863’.
At the F ebruary 6, 2018 P lanning, P rogramming and Zoning C ommission
meeting, the C ommission unanimously rec ommended approval of the the
preliminary plat.
Expenditure R equired:None
S ource of F unds:N/A
P olic y Issue:Land Use and Economic Development, polic ies 1, 3 and 4.
Alternative:N/A
Background Information:N/A
"Village Wes t 2nd Addition"
S ection 33-T 89N-R 13W, Waterloo,
Black Hawk C o unty, Io wa
S AI D P R O P ERT Y I S LEG ALLY DES C R I BED AS :
VI LLAG E W ES T 2ND ADDI T I O N LO C AT ED I N T HE
S O UT HW ES T 1/4 O F T HE S O UT HW ES T 1/4 AND T HE
S O UT HEAS T 1/4 O F T H E S O UT HW E S T 1/4 O F S EC T I O N 33,
TO W NS HI P 89 NO RT H, R ANG E 13 W ES T O F T H E F I F T H
P R I NC I PAL MER I DI AN, I N WAT ER LO O , BLAC K HAW K
C O UNT Y, I O WA.
Page 246 of 309
Legal Desc riptions :
MO R E PART I C ULAR LY DES C R I BED AS F O LLO W S :
C O MMENC I NG AT T HE S O UT HW ES T C O R NER O F T HE
S O UT HEAS T 1/4 O F T HE S O UT HW ES T 1/4 O F S AI D S EC T I O N
33: T HENC E, N1°31'16"W 49.91' ALO NG T HE EAS T LI NE O F T HE
S O UT HW ES T 1/4 O F T HE S O UT HW ES T 1/4 O F S AI D S EC T I O N
33 TO A P O I NT O N T HE NO RT H R I G HT O F WAY LI NE O F W ES T
R I DG EWAY AVENUE, ALS O BEI NG T HE P O I NT O F BEG I NNI NG ;
T HENC E, S 89°06'08"W 555.00' ALO NG S AI D NO RT H R I G HT O F
WAY LI NE TO A P O I NT O N T HE EAS T R I G HT O F WAY LI NE O F
U.S . HI G HWAY 63; T HENC E, N0°54'19"W 70.00' ALO NG S AI D
EAS T R I G HT O F WAY LI NE; T HENC E, S 89°05'44"W 13.62' ALO NG
S AI D EAS T R I G HT O F WAY LI NE; T HENC E, N1°04'26"E 148.09'
ALO NG S AI D EAS T R I G HT O F WAY LI NE; T HENC E, N89°06'08"E
492.19'; T HENC E, N0°53'52"W 56.98'; T HENC E, N89°05'14"E 482.86';
T HENC E, S 0°54'46"E 275.00' TO A P O I NT O N T HE NO RT H R I G HT
O F WAY LI NE O F W ES T R I DG EWAY AVENUE; T HENC E,
S 89°05'14"W 411.60' ALO NG S AI D NO RT H R I G HT O F WAY LI NE,
TO T HE P O I NT O F BEG I NNI NG , C O NTAI NI NG 5.51 AC R ES .
S UBJ EC T TO EAS EMENT S AND R ES T R I C T I O NS O F R EC O R D,
I F ANY.
Page 247 of 309
February 6, 2018
W of 1850 W Ridgeway Ave – Village West 2nd Add. Page 1 of 4
REQUEST: Request by CGA Engineers on the behalf of BCS Properties, LLC
for the preliminary plat of Village West 2nd Addition.
APPLICANT: CGA Engineers, 16 East Main Street, Marshalltown, IA 50158
GENERAL
DESCRIPTION:
The applicant is requesting to plat three commercial lots along
West Ridgeway Avenue near its northeast intersection with
Highway 63.
IMPACT ON
NEIGHBORHOOD &
SURROUNDING
LAND USE:
The request would not appear to have a negative impact on the
surrounding neighborhood or land use. The area is currently
seeing an increase in new commercial development with recent
approvals of rezoning and plat requests.
VEHICULAR &
PEDESTRIAN
TRAFFIC
CONDITIONS:
The request would not appear to have a negative impact on
vehicular or pedestrian traffic movements in the area. The area is
served by West Ridgeway Avenue, which is classified as a Minor
Arterial, and Highway 63 is immediately to the west and is
classified as a Principal Arterial. The proposed plat shows a new
31’ wide street being dedicated and extending northward from
West Ridgeway Avenue in a 60’ right-of-way, with a proposed name
of Foundation Drive. Sidewalk is shown extending along both sides
of Foundation Drive. Also, about 57’ on the west side of
Foundation Drive extends northward of the north line of Lot 1, and
it needs to be determined if it will be required that when Lot 1
develops if that 57’ of sidewalk needs to be constructed, or if when
the land is platted to the north in the future if the 57’ of sidewalk is
put in then. There have been instances elsewhere in the city that
where street frontage of a proposed plat abuts unplatted land or
another subdivision, there has been issues of who is responsible
for constructing the new sidewalk. Due to this happening in the
past, there are some areas in the city that have a gap in the
sidewalk system.
RELATIONSHIP TO
RECREATIONAL
TRAIL PLAN AND
COMPLETE STREETS
POLICY:
There is a recreational trail located to the south of the site in
question along West Ridgeway Avenue that connects to the
Sergeant Road Trail to the west along Highway 63. Further
pedestrian accommodations could be added along the north side of
West Ridgeway in the future as the area develops.
ZONING HISTORY
FOR SITE AND
IMMEDIATE VICINITY:
The area in question is zoned “C-2” Commercial District and has
been zoned as such since March 27, 2017. Surrounding land uses
and their zoning are as follows:
North – Vacant development ground and single family uses along
Jane Street, zoned “R-2,C-Z” Conditional Zoning District and “R-2”
One and Two Family Residence District.
South – United Medical Park and existing commercial
development, zoned “R-4,C-Z” Conditional Zoning District, “M-1”
Light Industrial District and “A-1” Agricultural District.
East – Vacant development ground and existing commercial
Page 248 of 309
February 6, 2018
W of 1850 W Ridgeway Ave – Village West 2nd Add. Page 2 of 4
development zoned “R-2,C-Z” Conditional Zoning District and “C-2”
Commercial District.
West – Existing light industrial development and Highway 63,
zoned “M-1” Light Industrial District.
DEVELOPMENT
HISTORY:
The area is comprised of commercial and professional office
development. The area is beginning to experience an influx of new
commercial development, with a strip mall and office building being
constructed to the east of the plat in 2015 and 2016. Currently,
Fusion Dance Studio and Black Hawk Gymnastics are under
construction on Provision Parkway in Village West 1st Addition.
Directly across the street is United Medical Park, which was started
in the late 1990s with expansions over the years, and the Iowa
Department of Transportation regional office and maintenance
facility.
BUFFERS/
SCREENING
REQUIRED:
No buffers would be required as a part of this platting request.
However, as the area develops for commercial uses, it may be
necessary to screen new uses as growth continues northward
towards existing residences. When new development occurs, it will
be required that a proper landscaping plan is submitted for each
new commercial development during the building permit review
process.
DRAINAGE: Platting of the land would not appear to have a negative impact
upon drainage in the area, however, as the area develops, it will be
necessary that a storm water detention plan is submitted to the
Engineering Department for review and that storm water is properly
detained upon each lot or a shared detention area. If there is a
shared detention area, the deed of dedication needs to address
who is responsible for the maintenance of the detention area. The
water detention pond(s) need to be designed to hold back runoff
from a 100-year rain event.
FLOODPLAIN: Areas of the Zone AE, 100-year floodplain encroach on the west
and south sides of Lot 1 and the extreme northeast corner of Lot 3,
as indicated by the Federal Insurance Administration's Flood
Insurance Rate Map, Community Number 190025 and Panel
Number 0282F, dated July 18, 2011. Any development within the
100-year floodplain would need to adhere to proper floodplain
regulations as specified in the Zoning Ordinance, which would
require that the lowest floor elevation is 1’ above the 100 -year
floodplain elevation.
PUBLIC /OPEN
SPACES/ SCHOOLS:
There are no schools located within the nearby vicinity. The
Katoski Greenbelt is located approximately ¾ of a mile to the west
along West Ridgeway Avenue.
UTILITIES: WATER,
SANITARY SEWER,
STORM SEWER, ETC:
There is 4” drain tile, 10” sanitary sewer and 42” storm sewer
located within West Ridgeway Avenue, directly to the south, and a
21” sanitary sewer within Highway 63 to the west, as well as an 8”
sanitary sewer along the north side of West Ridgeway Avenue,
Page 249 of 309
February 6, 2018
W of 1850 W Ridgeway Ave – Village West 2nd Add. Page 3 of 4
east of Marnie Avenue. There are also plans to extend new 8”
water, sanitary sewer and storm sewer within Foundation Drive.
There is an existing 10’ sanitary sewer easement in front of Lot 3
and it is assumed that lot will have sewer service from there,
however, the plat does indicate how water will serve that site.
There are 15’ utility easements shown on the frontages of lots in
the subdivision, except along Highway 63, and there is also a 10’
sanitary sewer easement that extends across the frontage of Lots 2
and 3 along West Ridgeway Avenue.
RELATIONSHIP TO
COMPREHENSIVE
LAND USE PLAN:
The Future Land Use Map designates this area as Business Park,
and the proposed plat request would appear to be in conformance
with the Future Land Use Map and Comprehensive Plan for this
area.
STAFF ANALYSIS –
ZONING
ORDINANCE:
The applicant recently rezoned this area to “C-2” Commercial
District in March of 2017 to allow for commercial development. T he
three proposed lots would appear to meet the requirements of that
zoning district, as all building setback lines adhere to the setback
requirements of the “C-2” Commercial District. The “C-2”
Commercial District is not a planned commercial district, which
means that when new development occurs on a lot in the
subdivision, those plans are reviewed by staff and no special
review is needed before the Planning and Zoning Commission.
STAFF ANALYSIS –
SUBDIVISION
ORDINANCE:
The submitted plat shows three new lots being platted along West
Ridgeway Avenue and a new street named Foundation Drive,
which is labeled as Tract A, which has a size of 0.38 acres. Lot 1
has a size of 2.46 acres, Lot 2 is 1.19 acres and Lot 3 is 1.48
acres, and all proper setback lines are denoted.
The applicant submitted a grading plan in a previous request that
shows existing and proposed contours, and it appears that the
applicant is proposing to fill the site at an average level of 866’ to
provide a more level area. The preliminary plat does show existing
and proposed contours, however, street surfacing or Foundation
Drive is not denoted, and no street light and existing vegetation
locations are not shown. Currently, the site ranges from 864’ along
Highway 63 to 871’ towards the center of the property then tapering
down to 863’.
Page 250 of 309
February 6, 2018
W of 1850 W Ridgeway Ave – Village West 2nd Add. Page 4 of 4
STAFF
RECOMMENDATION:
Therefore, staff recommends that the request for the preliminary
plat of Village West 2nd Addition be approved for the following
reasons:
1. The request would not appear to have a negative impact on
the surrounding area.
2. The plat would provide for new commercial development,
which would be compatible with already existing
development in the vicinity.
3. The request would not appear to have a negative impact
upon pedestrian and traffic conditions within the surrounding
area with proper traffic control measures in place.
4. The request is in conformance with the Future Land Use
Map and Comprehensive Plan for this area, which designate
it as Business Park.
5. The request appears to meets the requirements of the
Subdivision Ordinance.
Page 251 of 309
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PINE VIEW PL
City of Waterloo Planning, Programming and Zoning CommissionFebruary 6, 2018
West of 1850 West Ridgeway AveuePreliminary Plat - Village West 2ndAdditionCGA Engineering1,000 0 1,000500Feet
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Page 252 of 309
S E R G E A N T R D
S E R G E A N T R D
S E R G E A N T R D
S E R G E A N T R D
S E R G E A N T R D
S E R G E A N T R D
S E R G E A N T R D
S E R G E A N T R D
£¤63 £¤63
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M A R N I E A V E
W. RIDGEWAY AVEW. RIDGEWAY AVE
M A R N I E A V E
City of Waterloo Planning, Programming and Zoning CommissionFebruary 6, 2018
West of 1850 West Ridgeway AveuePreliminary Plat - Village West 2ndAdditionCGA Engineering2500250125Feet
µ
Area to be Platted
1850 W. Rigeway Avenue
Page 253 of 309
S E R G E A N T R D
S E R G E A N T R D
S E R G E A N T R D
S E R G E A N T R D
S E R G E A N T R D
S E R G E A N T R D
S E R G E A N T R D
S E R G E A N T R D
£¤63 £¤63
£¤63
£¤63
£¤63
£¤63
£¤63
M A R N I E A V E
W. RIDGEWAY AVEW. RIDGEWAY AVE
M A R N I E A V E
1 0 0 -Y e a r F l o o d p l a i n
City of Waterloo Planning, Programming and Zoning CommissionFebruary 6, 2018
West of 1850 West Ridgeway AveuePreliminary Plat - Village West 2ndAdditionCGA Engineering2500250125Feet
µ
Area to be Platted
1850 W. Rigeway Avenue
1 0 0 -Y e a r F l o o d p l a i n
100-Year Floodplain
Page 254 of 309
Page 255 of 309
Page 256 of 309
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Request for Final Plat of Village West 2nd Addition a 3-lot
subdivision located at US 63 and Ridgeway Avenue.
Looking east toward 1850 Ridgeway
and existing development.
Looking north from Ridgeway Avenue
Looking west along Ridgeway Avenue
toward US Highway 63
Looking northwest from Ridgeway
Avenue.
71Page 258 of 309
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CI TY OF WATER LOO
Council Communication
R es olution approving an Amendment to the Development Agreement with C entral P roperty Holdings, LLC , to
alter the struc ture of the parking lot ac quisition for the G roc ery S tore project loc ated at Eas t 2nd S treet and
F ranklin S treet, and authorize the Mayor and C ity C lerk to execute all necessary doc uments.
City Council Meeting: 2/19/2018
Prepared: 2/14/2018
R EV I EWER S :
Department R eviewer Action Date
P lanning & Z oning Anderson, Noel Approved 2/14/2018 - 12:34 P M
C lerk O ffice F elchle, Kelley Approved 2/14/2018 - 12:45 P M
ATTA C H M EN TS:
D escription Type
Scope of Work B ackup Material
D evelopment Agreement B ackup Material
S UB J E C T:
R esolution approving an Amendment to the Development Agreement with
C entral P roperty Holdings, LLC , to alter the s tructure of the parking lot
ac quisition for the G roc ery S tore project loc ated at Eas t 2nd S treet and
F ranklin S treet, and authorize the Mayor and C ity C lerk to exec ute all
necessary doc uments.
S ubmitted by:S ubmitted By: Noel Anderson, C ommunity P lanning & Development
Direc tor
R ec ommended Ac tion:Approve the res olution
S ummary S tatement:
As you may rec all, the C ity of Waterloo entered into a Development
agreement with C entral P roperty Holdings LLC for the development of a
grocery store/restaurant at Eas t 2nd S treet and F ranklin S treet.
T he agreement had a smaller and a larger vers ion. T he larger vers ion rais ed
the Minimum value from $1.5 million to $2.0 million. T his amendment is a
step towards the $2.0 million value.
T he original agreement has the C ity respons ible to buy the Hous e of Hope
property and the parking lot owner by Dave Lars en. T his amendment will
c hange the ac quisition s etup to have C entral P roperty Holdings buy the
parking lot, and the C ity pay C entral P roperty Holdings $148,566 for the
c onstruc tion of a new parking lot. All along, Mr. Lars en, owner of the
Walnut C ourt apartment building, has s imply wanted a replac ement parking
lot. Without condemnation powers for ec onomic development, the C ity has
been negotiating with the intent of paying Mr. Larsen to build a new parking
lot (to replac ed his exis ting parking lot).
Page 260 of 309
Expenditure R equired:$148,566 (which is what was es timated in original development agreement
numbers, so no change)
S ource of F unds:C ity T I F c as h and bonds
P olic y Issue:
S trategies 1.3, 1.4, 1.7, 3.1, and 3.8 --- for the s tartup of new busines s es ,
c reation of jobs , ways to c reate an environment to attract population to
Waterloo, c reate new tax bas e, new investment in C UR A area and T I F
areas.
Alternative:Not approve
Background Information:
As a part of the overall Walnut area master plan -- there are s everal partners
with JS A, Habitat, C entral P roperty Holdings, the Walnut Neighborhood
Assoc iation, Walnut C ourt -- and this project works to create new jobs in the
neighborhood, new food options near Downtown Waterloo (and in an area
of the c ommunity c las s ified as a "food des ert" by federal standards), as well
in c onjunc tion with filling in empty lots , creating new res idential
opportunities, and helping to maintain the Walnut C ourt parking.
Page 261 of 309
Page 262 of 309
Preparer
Information: Christopher S. Wendland, PO Box 596, Waterloo, Iowa 50704 (319) 234.5701
Name Address City Phone
SPACE ABOVE THIS LINE
FOR RECORDER
AMENDMENT TO DEVELOPMENT AGREEMENT
This Amendment to Development Agreement (the “Amendment”) is entered into
as of ________________, 2018, by and between Central Property Holdings, LLC (the
“Company”) and the City of Waterloo, Iowa (the “City”).
RECITALS
A. Company and City are parties to that certain Development Agreement
dated August 7, 2017 (the “DA”), concerning the development of land (the
“Property”) described on Exhibit “A” to the DA. The DA has been filed in
the land records of Black Hawk County, Iowa, as Doc. No. 2018-7765.
B. Company will make improvements for placement of a grocery store and
dining establishment, in furtherance of the purposes of the DA.
C. The parties desire to amend the DA to modify the terms thereof as set
forth in this Amendment.
NOW, THEREFORE, in consideration of the mutual covenants set forth herein,
the parties agree as follows:
1. The DA is hereby amended to strike the first sentence of Section 8 and to
substitute in its place the following new first sentence:
“In the event that Company desires to construct an additional project of equivalent
or greater value on the Property, and provided that City has acquired title to an adjacent
property identified as assessor parcel no. 8913-24-308-006 (the “Expansion Parcel”) and
legally described as set forth on Exhibit “A”, then Company shall have an option (the
“Option”) to purchase the Expansion Parcel for the sum of $1.00, provided that Company
shall enter into a minimum assessment agreement with respect to said project that
provides for additional value of no less than $500,000.00.”
2. The DA is amended to add the following new Section 8.1:
Page 263 of 309
Page 2
“8.1. Lot 18. The parties acknowledge that Company wishes to acquire for
development purposes assessor parcel no. 8913-24-308-025, legally described as Lot
18, Block 64, Cooley Addition (“Lot 18”), which is currently owned by 315 Walnut Co-op
(the “Co-op”). To achieve the transfer of Lot 18 to Company, City will arrange for the
conveyance to Company of one or more parcels located in Block 69, Cooley Addition, to
be identified hereafter (the “Parking Lot”), on which Company will construct a parking lot
in accordance with a quote from Huff Contracting dated January 30, 2018, providing for
work to be done as described therein for the sum of $148,566. The work will be
completed during the 2018 construction season, after Company receives title to the
Parking Lot. Upon completion, City will arrange for a simultaneous exchange involving
Company’s transfer of the Parking Lot to the Co-op and the Co-op’s transfer of Lot 18 to
Company. Within 30 days after completion of the Parking Lot improvements, City will
reimburse Company for Parking Lot construction costs incurred, or pay the contractor
directly on Company’s behalf, up to the amount of $148,566.”
3. Exhibit “A” of the DA is hereby amended to strike therefrom Lot 18 of
Block 64 of Cooley Addition.
4. Except as modified herein, the DA shall continue unmodified in full force
and effect. Terms in this Amendment that are capitalized but not defined will have the
same meanings herein that are ascribed to them in the DA. The DA and this
Amendment shall inure to the benefit of and be binding upon the parties and their
respective successors and assigns.
IN WITNESS WHEREOF, the parties have executed this Amendment to
Development Agreement by their duly authorized representatives as of the date first set
forth above.
CITY OF WATERLOO, IOWA CENTRAL PROPERTY HOLDINGS,
LLC
By: ___________________________ By: ___________________________
Quentin Hart, Mayor Rodney A. Anderson
Managing Member
Attest: _________________________
Kelley Felchle, City Clerk
Page 264 of 309
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: 2/19/2018
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 third time and adopt an
O rdinance amending O rdinanc e 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 719 Wes t
6th S treet.
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 :
North – S ingle-family and two-family res idenc es , zoned “R -3” Multiple
Page 265 of 309
S ummary S tatement:
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
S outhwesterly line of the public alley; thence Westerly 192.75 feet along a
Page 266 of 309
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 267 of 309
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 268 of 309
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 269 of 309
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 270 of 309
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City of Waterloo Planning, Programming and Zoning CommissionNovember 14, 2017
801 Wellington StreetRezone R-3 to C-1,C-ZSteven Hackbarth
800 0 800400Feet
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15Page 271 of 309
West
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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
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16Page 272 of 309
R-3
C-2
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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
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17Page 273 of 309
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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 277 of 309
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 278 of 309
Page 279 of 309
Page 280 of 309
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: 2/19/2018
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 third time and adopt an
ordinanc e amending the 2008 Traffic C ode, S ec tion 540 - O bedience to
O fficial Traffic-C ontrol Devic es , by deleting s ubsec tion (88) F irs t 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.
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 281 of 309
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: 2/19/2018
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 third time and adopt an
ordinanc e 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 irst S treet (E), as follows : (57) F irs t 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.
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 282 of 309
CI TY OF WATER LOO
Council Communication
Motion approving C hange O rder No. 1, for a net inc reas e of $8,454.00, for ongoing exterior improvements to
Hangar No. 4 at the Waterloo R egional Airport, and authorize the Mayor to exec ute said document.
City Council Meeting: 2/19/2018
Prepared: 2/14/2018
R EV I EWER S :
Department R eviewer Action Date
Airport Kaspari, Keith Approved 2/14/2018 - 10:51 AM
C lerk O ffice Even, LeAnn Approved 2/14/2018 - 11:01 AM
ATTA C H M EN TS:
D escription Type
L etter of R ecommendation from Airport Director C over M emo
Copy of C hange Order No: 1 C over M emo
S ubmitted by:S ubmitted By: Keith Kaspari, Airport Director
R ec ommended Ac tion:Approve the C hange O rder No. 1, as requested above by S taff.
S ummary S tatement:S taff is using the remaining funds from a previous C S VI G rant, (F Y-2016),
G rant No. 17448, totaling $9,163.01.
Expenditure R equired:C hange O rder No. 1, as attac hed, has projec t elements totaling: $8,454.00.
S ource of F unds:
C ompletely 100% as funded by the Iowa Department of Trans portation, and
the O ffic e of Aviation - via the C ommerc ial S ervice Vertic al Infrastruc ture
program.
T here is no department nor C ity of Waterloo funds needed for a "Loc al
Matc h."
P olic y Issue:
T his project, inc luding C hange O rder No. 1, c omplies with the C ity of
Waterloo's S trategic P lan, as follows :
G oal No. 3, and S trategy Nos. 3.1, 3.2, 3.3, 3.4, 3.5 & 3.7.
G oal No. 4, and S trategy No. 4.5.
Alternative:No project alternatives were chos en for this C hange O rder.
Background Information:
T his project C hange O rder, c ontinues exis ting work as approved late las t
year (2017) for the interior (replac ement of hangar bay light fixtures) and
exterior (replacement of windows ) to Hangar No. 4. T his building dates
bac k to the early 1960's, so the work being performed is welcome change
and improvements to this older building.
Page 283 of 309
T his C hange O rder allows S taff to utilize the bulk of the remaining funds
from a previous (2016) grant, in order to c ontinue exterior improvements
(door replacement and repair, and exterior lights).
Legal Desc riptions :N/A
Page 284 of 309
aecom.com
1/1
AECOM
500 SW 7th Street
Des Moines
IA, 50309
USA
aecom.com
February 14, 2018
Mr. Keith Kaspari
Director of Aviation
Waterloo Regional Airport
2790 Livingston Lane
Waterloo, IA 50703
SUBJECT: 2018 CSVI Program
IDOT Project No. 9I180ALO200
Contract No. 19599
Waterloo Regional Airport
Waterloo, Iowa
AECOM ID No. 60555170
Dear Mr. Kaspari:
Please find enclosed Change Order No. 1 for Woodruff Construction for the above referenced project.
Change Order No. 1 provides for asbestos testing, replacement of the exterior hangar flood lights, repairs
to the entrance door to the office area and replacement of the main pedestrian entrance door to the
hangar bay.
We have reviewed the costs provided by Woodruff Construction and find these to be reasonable. The
change order would result in an increase in project cost of $8,454.00. Funding for this addition work
would be from the Iowa DOT Grant with no additional funding required from the city of Waterloo.
If you have any questions or require additional information, please feel free to contact our office at
your convenience.
Yours sincerely,
David B. Hughes, P.E.
Enclosure: As noted
cc: Mr. Doug Schindel, AECOM
P:\60555170 ALO 2018 CSVI\300_Communications\310_Client\KK010418.ltr.docx
Page 285 of 309
Hangar #4 Rehabilitation CO-1 Project No – 60555170
1
CHANGE ORDER NO. 1
Owner Waterloo Regional Airport, City of Waterloo, Iowa Date February 14, 2018
Project Hangar No. 4 Rehabilitation
Owner's Contract No. State Contract No. 19599 Contractor Wood Construction, Inc.
Date of Contract Start November 29, 2017
You are directed to make the following changes in the Contract Documents. Description:
ITEM DESCRIPTION UNIT UNIT QUANTITY AMOUNT NO. PRICE
101 Asbestos Testing LS $ 369.00 1 $ 369.00
102 Replace Exterior Apron Flood Lights EA $ 792.75 2 $ 1,585.50
103 Repair Aluminum Entrance Door T&M $ 2,000.00 1 $ 2,000.00
104 Replace Steel Door at Covered Entrance to
Hangar T&M $ 4,500.00 1 $ 4,500.00
TOTALS $ 8,454.00
Reason for Change Order:
Item 101 – During construction activities at Hangar #4, it was noticed that caulk around windows that were
identified to be removed showed signs of potential fibers in the caulk and was tested for asbestos to ensure that
proper disposal of these windows did occur.
Item 102 – Two exterior lights on the north side of the hangar will be replaced with energy efficient LED fixtures
that were not included in the original contract.
Item 103 – The main entrance door to the aircraft maintenance facility is not opening and closing properly. In
order to seal the building, the existing door will be removed and reinstalled after adjusting of the frame and
grinding of the floor and replacement of the threshold to allow the door to properly open and close. Work will be
completed at a time and materials cost not to exceed for this item.
Item 104 – The main entrance door to the hangar from the south side is through a covered entrance. The existing
door is of original construction and is in poor condition and in need of replacement. The door, door hardware,
threshold, metal frame and weather stripping will be replaced. The door, frame and wall will be painted upon
installation. Work will be completed at a time and materials cost not to exceed for this item.
Page 286 of 309
Hangar #4 Rehabilitation CO-1 Project No – 60555170
2
CONTRACT PRICE CONTRACT TIMES (Calendar Date)
Substantial Final
completion completion
Original: $ 65,522.00 Original: 4/20/2018
Previous C.O.s (ADD): $ 0.00 Previous C.O.s (ADD): 0
This C.O. (ADD): $ 8,454.00 This C.O. (ADD): 0
Contract Price with all REVISED: 4/20/2018
approved Change Orders: $ 73,976.00
It is agreed by the Contractor that this Change Order includes any and all costs associated with or resulting from the
change(s) ordered herein, including all impact, delays, and acceleration costs. Other than the dollar amount and time
allowance listed above, there shall be no further time or dollar compensation as a result of this Change Order.
THIS DOCUMENT SHALL BECOME AN AMENDMENT TO THE CONTRACT AND ALL
STIPULATIONS AND COVENANTS OF THE CONTRACT SHALL APPLY HERETO.
RECOMMENDED:
By:
Engineer (Authorized Signature) Date
APPROVED:
By:
Owner (Authorized Signature) Date
ACCEPTED:
By:
Contractor (Authorized Signature) Date
Page 287 of 309
CI TY OF WATER LOO
Council Communication
3:10 p.m. C ounc il Work S es s ion, Monday, F ebruary 19, Harold E. G etty C ouncil C hambers
City Council Meeting: 2/19/2018
Prepared:
R EV I EWER S :
Department R eviewer Action Date
Water Works F elchle, Kelley Approved 2/14/2018 - 2:55 P M
S ubmitted by:S ubmitted By:
Page 288 of 309
CI TY OF WATER LOO
Council Communication
5:10 p.m. F inanc e C ommittee, Monday, F ebruary 19, Harold E. G etty C ouncil C hambers
City Council Meeting: 2/19/2018
Prepared:
R EV I EWER S :
Department R eviewer Action Date
Water Works F elchle, Kelley Approved 2/14/2018 - 2:55 P M
S ubmitted by:S ubmitted By:
Page 289 of 309
CI TY OF WATER LOO
Council Communication
5:00 p.m. Work S es s ion, Tues day, F ebruary 20, Harold E. G etty C ounc il C hambers
City Council Meeting: 2/19/2018
Prepared:
R EV I EWER S :
Department R eviewer Action Date
Water Works F elchle, Kelley Approved 2/14/2018 - 2:56 P M
S ubmitted by:S ubmitted By:
Page 290 of 309
CI TY OF WATER LOO
Council Communication
Waterloo Hous ing Authority Board Minutes of January 16, 2018.
City Council Meeting: 2/19/2018
Prepared:
R EV I EWER S :
Department R eviewer Action Date
Housing Authority M ayer, Sonia Approved 2/7/2018 - 4:07 P M
C lerk O ffice Higby, N ancy Approved 2/13/2018 - 11:33 AM
ATTA C H M EN TS:
D escription Type
W H A B O AR D M I N U T E S 01/16/18 C over M emo
S UB J E C T:Waterloo Housing Authority Board Minutes of January 16, 2018.
S ubmitted by:S ubmitted By: J ULI E DAW S O N, EXEC UT I VE DI R EC TO R
Page 291 of 309
WATERLOO HOUSING AUTHORITY, Governing Board Minutes
Monday January 16, 2018 at 4:50 PM
Harold E. Getty Council Chambers – Waterloo City Hall
Members Present: Klein, Morrissey, Jacobs, Shinstine, Shimp, Schmitt, Amos, Juon
Motioned by Morrissey, seconded by Shimp, that the Agenda be approved and to approve the minutes from the November
13, 2017 meeting.
Ayes: All Motion: Carried.
Motioned by Schmitt, seconded by Shimp to elect Margaret Klein as new Waterloo Housing Authority Board Chairperson
Ayes: All Motion Carried.
Motioned by Morrissey, seconded by Schmitt to elect Chris Shimp as new Waterloo Housing Authority Board Vice-
Chairperson
Ayes: All Motion Carried.
Old Business
Motioned by Shimp, seconded by Amos to approve and accept bid from Tony’s Plumbing and Heating LLC in the amount
of $1,500.00 for leaks in the maintenance room and south stairwell at Ridgeway Towers.
Ayes: All Motion Carried.
New Business
Motioned by Amos, seconded by Morrissey, to approve the contract renewal of Happy Software in the amount of
$14,565.00.
Ayes: All Motion Carried.
Motioned by Shimp, seconded by Morrissey, to authorize and set date of Public Hearing for FY2018 Annual Plan and
revised 5-Year Public Housing Capital Fund Action Plan. The date for this Public Hearing is set for March 19, 2018
during the Waterloo Housing Authority Board Meeting.
Ayes: All Motion Carried.
Motioned by Shimp, seconded by Morrissey, to approve a travel request to attend INAHRO (Iowa Chapter of the National
Association of Housing and Rehabilitation Officials) Spring Conference April 18-20, 2018. Total costs not to exceed
$2,355.00
Ayes: All Motion Carried.
Motioned by Amos, seconded by Shimp, to approve an amended travel request for Housing Coordinator Tajah Wright,
due to weather-related additional expenses in the amount of $123.69.
Ayes: All Motion Carried.
Motioned by Amos, seconded by Shimp to approve and place on file the PHAS (Public Housing Assessment System)
Score for FYE 6/30/17.
Ayes: All Motion Carried
Motioned by Schmitt, seconded by Amos, to place on file the Housing Authority report including the Leasing, HAP, and
Administrative Fee Utilization Report.
Ayes: All Motion Carried
Motioned by Morrissey, seconded by Shimp to adjourn the meeting.
Ayes: All Motion Carried.
SAM
Page 292 of 309
CI TY OF WATER LOO
Council Communication
P lanning, P rogramming & Zoning Minutes of January 9, 2018.
City Council Meeting: 2/19/2018
Prepared:
R EV I EWER S :
Department R eviewer Action Date
P lanning & Z oning Higby, N ancy Approved 2/13/2018 - 11:32 AM
ATTA C H M EN TS:
D escription Type
P &Z minutes 1/9/18 C over M emo
S UB J E C T:P lanning, P rogramming & Zoning Minutes of January 9, 2018.
S ubmitted by:S ubmitted By:
Page 293 of 309
MINUTES
CITY OF WATERLOO, IOWA
PLANNING, PROGRAMMING AND ZONING COMMISSION
REGULAR MEETING - 4:00 P.M. January 9, 2018
The regular meeting of the Waterloo Planning, Programming, and Zoning Commission was called to order
by Chairperson Holdiman at 4:00 p.m. in the Harold E. Getty Council Chambers at Waterloo City Hall.
Members present were: Castle, Donat, Flynn, Holdiman, Buttgen, Miehe and Wilber.
Members absent were: Hall and Tyson.
Others present: Noel Anderson, Aric Schroeder, Chris Western, Tim Andera, John Dornoff and Seth
Hyberger – Planning Department, and 10 citizens.
I.Approval of the Agenda
It was moved by Flynn, seconded by Buttgen to approve the agenda with items B-1 and B-2 combined.
Motion carried unanimously.
II. Approval of the Minutes from the Regular Meeting on December 5, 2017 Regular Meeting
It was moved by Wilber, seconded by Miehe to approve the minutes as amended. Motion carried
unanimously.
III. Financial Report: October 2017
Anderson gave the staff report indicating that the budget looks to be on track for this particular time of
the year. Flynn questioned the amount for subscriptions which is over budget and Holdiman noted
concerns about expenses and revenue. Anderson explained how many expenses are set early in the fiscal
year and noted potential property sales that are in the works that would impact the revenue side.
It was moved by Donat, seconded by Wilber to receive and place the financial report for November
2017 on file. Motion carried unanimously.
IV.Oral Presentations
No Oral Presentations.
A. Special Permits
1. Request by Josue & Rebecca Rivera for a Special Permit to allow Urban Animal Hobby Farm with
4-sheep located at 2214 Avon Avenue.
Western gave the staff report and indicated that staff was recommending denial for 4-sheep due to the
amount of minimum fenced (confined) area but recommending the approval for 3-sheep as it would meet
the density requirements of the new Urban Animal Hobby Farm Regulations.
Holdiman asked if they applicant would have enough confined are even if the fences were moved back to
which Western affirmed. Donat asked if the request was for goats or sheep to which Western said it was
sheep but they had previously applied to have 12 goats and some of the pictures were from the previous
request. Buttgen noted that there is fence in the front yard on the southern portion of the property to
which Western answered that staff does not want confinement areas in the front yard and also noted that
they need to meet the 10-foot side yard setback also to which Buttgen responded that if the commission
does recommend approval that should be in the conditions. Commissioners continued to discuss issues
with the fence and whether there would be enough confined space if the fence was moved back.
Page 294 of 309
Planning and Zoning Commission
January 9, 2018
- 2 -
Commissioners asked of the applicant or someone representing the applicant was in the audience but
there was not.
Rick Westphal, 2232 Avon stated that he is opposed to the applicant receiving a special permit noting
that over the time that the applicant has lived at the residence that they have had multiple animals
including a horse and goats and they ended up in Mr. Westphal’s yard. Mr. Westphal also noted that in
2016 the applicant had 33 sheep on their property, last year they had 15 animals on the property although
it is now down to only a couple. Mr. Westphal also noted that the smell from the animals including urine
was extreme and noted that the applicant does not have a good track record of cleaning up after her
animals. Ordinance is there to protect other home owners also. If it is to be approved would like a
condition that confinement are be moved to the south.
Buttgen asked Mr. Westphal how close the confinement areas are to his house to which he responded
about a 110 feet.
Mr. Westphal asked Schroeder if the smell of the manure and urine is covered in the new Ordinance to
which Schroeder responded that the Ordinance is written to say an amount of cubic feet of manure can be
accumulated before it has to be removed in order to insure that the smells do not become a nuisance.
Pat Morrissey, 3rd Ward City Councilmember, indicated he is concerned about the past practices of this
particular applicant and if the applicant follow the requirements of the special permit. The new ordinance
gives the commission guidelines to follow in order to make a more informed decision. When the
ordinance came up for a vote in city council it was clear that the council wanted the guidelines followed
pretty stringently and in this case they do not meet the requirements set forth in the ordinance. The total
square footage of the confined area cannot include the accessory structures that are in the confined area.
Morrissey also questioned if there will be a seepage of other animals since on his visits to the site there
has been multiple types of animals. Morrissey would like the commission to see if this site qualifies for
three sheep much less four.
Holdiman questioned whether the applicant could meet the size requirements if the fences were moved
back to which Schroeder answered that it would be close. Moving the fencing in front was taken into
account however moving the fence for the other setback requirements would affect that number much,
but is unsure how much, but it would be close to 60,000 square feet. Schroeder also noted that the
measurements are taken off of aerial photos which may not be 100% accurate. The applicant is asking for
variances to the requirement for fenced area density to allow the four sheep, to allow the fence in what is
the required front yard, and to the setback requirements for the fence on the north, east and south sides
which will be heard by the Board of Adjustment but something the commission can discuss in makings
its recommendation. Staff did not want a variance to the density requirements therefore the
recommendation for the 3 sheep. If it is a couple of hundred feet short on the density for 3-sheep would
probably be better than the problem with trying a variance for 4-sheep. It is a new ordinance and don’t
like variances with a new ordinance but because it is an existing fence that has had farm animals in the
past, which can be taken into consideration. There was a lot of discussion about the fence setbacks and it
varied between having no setbacks for the fencing for small animals to have a 10-foot setback for large
animals. In the end intermediate animals such as sheep were thrown into the same setback requirements
as large animals so there is potential uniqueness to look at. While with a new ordinance don’t like to see
variances it was also written so that the Board of Adjustment could look at situations on a case by case
basis and give some leeway based on the fact that an ordinance that is on the more restrictive side was
being passed and there can be uniqueness in some cases.
Holdiman stated that it looks like if you look at the current area not including the area in the front yard it
is 2,500 square feet over the 60,000 square foot requirement but if you take out the required setbacks it
could be much less than the required because you are looking at a big lot. Schroeder answered that staff
had the current confined area as 67,518 square feet and if you take out the square footage that is
Page 295 of 309
Planning and Zoning Commission
January 9, 2018
- 3 -
considered in the front yard you still have about 63,000 square feet left. Buttgen asked if the house and
garage need to be taken out of that equation to which Schroeder answered that those buildings were not
included in the calculations.
Flynn stated that if the commission is worried about exact square footage then it needs to be tabled until
staff provides exact square footage.
Castle asked if they met all the requirements of the ordinance would they need a special permit to which
Schroeder answered that if they meet all the requirements and get the signatures of property owners
within a certain amount of area then they do not need the special permit but if they don’t get the
appropriate number of signatures then it goes to special permit request. If the commission decides to table
the request then staff will work with the applicant to get better measurements of the area and bring that
information back to the commission. If the commission votes to recommend approval or recommend
denial then it goes to the Board of Adjustment to the make the final determination.
Buttgen asked that since it is clear that one of the abutting property owners is clearly opposed to this
wasn’t it the requirement that the applicant have the approval of abutting property owners to which
Schroeder responded that they only needed that approval if they did not want to go through the special
permit process. Even though they are not required to get the approval of abutting property owners staff
encourages applicants on any special permit application to talk to the neighbors and discuss what their
plans are and try to get their approval.
Castle stated that she would be more apt not to table the item but instead vote to deny since the amount of
work that went into the new ordinance and this does not meet the requirements of that ordinance.
Flynn stated that she will abstain from voting because she does not feel that she has enough information
to vote on the item.
Miehe asked if they have more information for three can they come back for 3. Wilber asked that even if
the commission votes to deny can they still go to the Board of Adjustment. Schroeder answered that the
applicant can still go to the Board and ask for 4, or 3.
Castle said that while staff requested approval for 3, the applicant asked for 4 and it should be denied for
that reason.
Flynn stated that we have the recommendation of staff plus we have code enforcement that comes out
taxpayer money to take care of problems, and we have an applicant that has followed the procedures even
with the past history why even have the ordinance if we are just going to deny them.
Donat asked did the applicant really follow all the procedures since we are having this discussion about
setbacks and other procedures and why are the neighbors complaining.
Flynn clarifies that she is talking about the applicant following the procedures in doing the application
and if a citizen is following the rules then it should be good for something. If she was not in compliance
before and the city did not enforce it is it the applicants fault?
Wilber stated that she felt that if the applicant meets the requirement for 3 sheep then the commission
needs to approve for 3. Buttgen responded that if one of the requirements of the ordinance is that they
remove waste and do not do it then they are not in compliance with the ordinance plus the neighbor
talking about the buildings and the quality of life and if the commission is going to approve for three
there needs to be more conditions added to the request.
Western reiterated that if the special permit is granted the commission will also be recommending the 3
variances including having animals in the front yard, fence setbacks and if the commission recommends a
special permit for 4 sheep then a variance for the density requirements with the Board of Adjustment
making the final decision.
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Castle also reiterated that her problem with this was approving it and saying it was ok not to meet the
requirements of the new ordinance. She also stated that the applicant can come back to the commission in
the future if the Board of Adjustment denies the request.
Donat stated that he wanted to clarify the discussion because at first it was 4 sheep but then staff was
recommended 3 sheep but does the applicant meet the requirements for 3 sheep to which Schroeder
answered that it has not been answered if the applicant would have enough confinement area for the 3
sheep.
It was moved by Castle, seconded by Buttgen to deny the special permit request for a Urban Animal
Hobby Farm located at 2214 Avon. Motion passed 6-0 with Flynn abstaining.
2. Request by Drew Reg Investments for a special permit for a Recycling, Junk or Salvage Yard
located at 123 & 139 Clark Street.
Dornoff gave the staff report indicated that staff was recommending approval of the special permit with
the following conditions 1) That the Salvage Yard be properly fenced and buffered 2) That the Salvage
Yard follows the new guidelines as set forth by Ordinance 5426 3) That all fencing around the Salvage
Yard be of solid material, with an earth tone color (brown or dark green), that the fencing along the
Canadian National Railroad be setback a minimum of 8’ and that area shall be planted with a minimum
of ten (10) 2” caliper understory trees spaced a maximum of 50’ feet apart 4) That no crushing shall
occur on the site 5) That no stacking of any vehicles or material shall be permitted above the height of the
fence 6) That the operation be limited to an automobile recycling/salvage yard/impound lot, and that no
engines, parts, or other scrap material shall be stored outdoors 7) That no vehicles temporary or
permanent shall be stored outside the fenced area at any time 8) All areas for vehicular use located
outside of the fenced area shall be properly hard surfaced. This shall include any current legal non-
conforming (grandfathered) vehicular use areas currently existing, which shall be properly hard surfaced
within 1 year of the Special Permit approval.
Buttgen noted that the applicant is looking to establish a salvage yard smaller than allowed by the new
ordinance and does have residences within 600 feet of the property and would like to hear from residents
about their feelings. Buttgen also had concerns about other Salvage yard in the area that do have racks
and parts that are above the fence line to which Dornoff answered that the applicant is in the audience
will be able to answer those questions.
Wilber asked if the residents within the 600 were notified of the special permit applicants but Dornoff
noted that only those residents within the standard 250-foot notice requirement range were notified.
Wilber also asked Dornoff to talk about the salvage yard and the protected uses to which Dornoff
responded that the Canadian National Railroad and Broadway Street create a barrier between the
proposed salvage yard and the residences.
Flynn asked who would be responsible for ensuring that the proposed savage yard follows the conditions
set out to which Schroeder answered that it would be the planning staff responsibility to insure
compliance with the conditions.
Holdiman asked about fencing around the site to which Schroeder answered to his knowledge that there
is no fencing along the south side of the property and Dornoff answered that there is chain link on the site
north of Clark Street.
Schroeder then explained that since September, 2015 there has been a moratorium on the approval or
even a application for a new Salvage Yard waiting for a new ordinance to be passed. The applicant
purchased the property with the intent of filing an application for a Salvage Yard but had been in limbo
and had been in contact with staff during that time but was barred from submitting an application due to
the moratorium that was in place.
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Buttgen asked how long the applicant has been using that land to put cars in to which Schroeder
responded that it has been within the time of the moratorium. Buttgen also asked if they were fighting
anyone else about the salvage yard to which Schroeder responded that because they do not have the
special permit on file they are in violation of the ordinance and code enforcement has been in contact
with them about the situation. Buttgen also said that although it maybe hersey she had heard that the
client had been in court twice over the situation but Schroeder responded that it has not gone to court yet
waiting on the outcome of the application.
Donat stated that he also had concerns about the less than 5 acres and being within 600-feet of a protected
use.
Miehe asked about the noted vacates and if that was included in the amount of acres for the site to which
Schroeder answered that there was alleys and the ROW of Fairview that were previously approved for a
vacate but has not gone to city council while the applicant waited for the special permit to be approved
and Schroeder also noted that the applicant would like to have Clark Street vacated which would possibly
get him over that 5 acres but the city has expressed concerns over the vacation of Clark Street.
Holdiman asked for verification if the 4.7 acres includes the vacated alleys and Fairview Avenue to
which Schroeder responded yes it does but it does not include Clark Street.
Craig Lindsey, 1913 Upton Avenue and the owner of Drew Reg Investments along with a towing
business Can-Am Automotive and Towing which is part of the city’s towing program and many of the
cars seen on the lot were towed on behalf of the city. The applicant stated that he is interested in getting
the area fenced so people cannot see what is back there and cannot walk through the lot which would also
make it compatible with the other salvage yards in the area. The applicant also noted that there are cars
there without tires or batteries so that people cannot come through and strip those off the cars. He also
noted that he does not sell or part out cars as part of the business. He also stated that he has been issued a
citation for having the cars there but was in contact with the City of Waterloo Attorney Dave Zellhoefer
and the ticket has been continued until the special permit process has gone through. He is not sure if the
ticket will go away once the special permit has been issued but he did note that he has not and will not
contest the ticket since the cars are there and have been there. He is planning to put a fence around the
area once he has the special permit and make it look nice and does not see a big difference between what
he is proposing and what is around the area already. When he purchased the property from Mr. Stokes it
was dilapidated and to date has spent around a $100,000 in an attempt to make the property look better.
There is currently 3 buildings on the lot and would possibly build another one and currently pays over
$10,000 in taxes for the site. Lindsey also stated that he has talked to his neighbors and they are in
support of the project and that the owners of the land to the east are supporting it since it will fence of the
area and help with security.
Castle asked if the site plan they were given is how Lindsey intends to fence the area and if he planned to
follow the planning department’s recommendation to have the area with solid fence with the earth tone
color. Lindsey stated that the solid fence is not a problem; he is not a fan of brown or green and would
prefer to use white, beige or blue but is willing to work with the city to get it up and that he is more than
willing to follow the rules that are set up by the commission. Schroeder commented he is the one that
adjusted the conditions on the staff report which came from a request several years ago but he is not set
on the color but the thought was at the time that the earth tones would blend into the environment better
and not be as noticeable. Blue or beige would probably be fine but thought white might stick out a little
more than the other colors, but that the color is not a big issue.
Buttgen mentioned about the trees and it was pointed out that they are included on the site plan that was
submitted.
Holdiman stated from what he is hearing from the applicant is that the applicant is willing to do what is
required but he just needs to do it on 4.7 acres instead of five. Lindsey stated that if the city was willing
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to give up Clark Street there would be no problem. Clark Street has been around for 40-years and there is
no sewer or water in the section by his property and will probably never be used. He noted that the people
that own the property to the east have developed it and have no interest in putting a street through that
property and he is not sure why the city is intent on keeping it.
Pat Morrissey, Ward 3 City Councilperson, stated that he is opposed to the Special Permit request for
various reasons. One is that the applicant is hoping that the city council will grant a vacate of Clark Street
which would bring him up to 5 acres which is not certain. Morrissey also stated that he represents the
citizens of the City of Waterloo and Ward 3 and according to city staff if a variance is going to be issued
it needs to meet 4 standards and one of those is it is in the public interest and Morrissey feels this is not.
Morrissey has walked and talked to the neighbors who would be affected by putting the salvage yard in
this location and of those that he talked to not one of them was in favor of another salvage yard being put
into the area.
Morrissey submitted two petitions of people opposed to having a new salvage yard at the applicant’s site.
Morrissey stated that most of the people that he talked to thought that the application was part of
Waterloo Auto Parts but when they found out it was a new salvage yard and not an expansion of the
Waterloo Auto Parts they were opposed to it, they do not want another salvage yard in the area and
speaking as the Councilmember of Ward 3 Morrissey does not want another salvage yard in his ward.
Morrissey stated that there is already 18 or 19 salvage yards in the city so there is not a need for another
one. It appears that someone bought some land, hoped to be able to put a salvage yard in but it does not
meet the requirements but tried to create language that would make it legal since they have already been
issued citations from Code Enforcement. It was not legal then, it is not legal now, it is not in the public
interest. Morrissey encourages the commission to recommend denial of the special permit.
Morrissey also presented a petition from people located to the east of the property who are not in the 600-
foot protected use area but who are also opposed to another salvage yard being built within the area.
Castle asked Morrissey when he was talking to the residents did he just talk about another salvage yard or
specifically about this salvage yard to which Morrissey responded that he pointed out the property to the
people that he talked to. Wilber asked Morrissey to elaborate on the specific concerns that neighbors had
about the salvage yard or if they are just against another salvage yard to which Morrissey answered yes
they were against another salvage yard but also traffic and noise and if it doesn’t meet the Ordinance why
are we talking about it being there in the first place.
Holdiman asks Morrissey if the people he talked to knew that this salvage yard was already there and that
is not an additional lot. Morrissey answered that the people thought it was part of the Waterloo Auto
Parts and couldn’t understand why there was not a fence around it, thought it was already a legitimate
business, but when they found out this was something that needed a special permit because it was a new
salvage yard they were opposed to it.
Flynn asked Morrissey if he initiated the petitions as a City Council member and Morrissey responded
that he did it as a resident of Ward 3.
Lindsey returned to the podium and confirmed that Morrissey is the city council person and noted that he
has never talked to Morrissey before, that Morrissey has never come to him and discussed what his plans
are for the area, never seen him near his property, just heard from sources that he is against the salvage
yard. Lindsey stated that he pays $10,000 in taxes in Ward 3 and he is my councilman and should come
to see what is going on and talk to him.
Wilber asked if they have a contract with the city to which Lindsey responds, no we are part of the
rotation between Sheetz, Ray Mount, and Can-Am where every third police call for a tow vehicle, they
get called and take care of abandoned vehicles and accidents and remove them to their lot.
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Donat asked what is Lindsey’s response to the 41 people who signed a petition who opposed the salvage
yard to which Lindsey answered that he has no idea what Morrissey said to the people when he talked to
them and if there was 41 people present to say something we could find out but there appears to be only
one or two people here to respond.
Morrissey returns to the podium and asks Lindsey if he resides in Ward 3 to which Lindsey answers no.
Morrissey says that your requesting something like this that has this much effect on the area then the
residents of the ward is who Morrissey is responsible for. I would expect Lindsey to come and speak to
me about what he planned. I thought that city staff would notify the people in the 600-foot setback of
what was proposed so I am glad that I talked to them. Morrissey also felt that it was an insult that
Lindsey was inferring that he was not honest when talking to the citizens and telling them what exactly
was on the agenda that it was something that would have an impact on their neighborhood and they
should have a voice. Morrissey said that he informed them that they could appear and tell the commission
how they felt or sign the petition because Lindsey does not meet the requirements and that there needs to
be a 600-foot setback which Lindsey is asking for that to be abrogated.
Wilber notes that the new Ordinance was passed in November and asked if the 5 acres were required with
the old Ordinance to which Schroeder responds it was and that there was discussion about that 5 acre
requirement knowing that this application would be coming but decided to keep it at the five acres so that
this or any new Salvage Yard request would need the 5 acres of land, or need a variance.
Flynn wanted confirmation that the 5 acre requirement was passed by the City Council and Schroder
confirmed.
Wilber noted that many of the signatures on the petition were from August and asked if they would have
been aware of the new environmental regulations that went into effect with the passing of the ordinance
and the purpose of those regulations. It was also noted that the signatures on one of the two petitions
were from the last couple of days.
Larry Westendorf, 512 Reed Street, lives on the east side of Broadway and is opposed to the salvage yard
since there are already two of them there, do not need another. At first heard that Can-Am was using this
as an impound lot, not a salvage yard as a impound lot is different from a salvage yard. The one petition
was from when we thought it was going to be an impound lot. We did not want it when it was an
impound lot. Cannot understand why the city has allowed the applicant to put these cars there and be in
violation but nobody seems to do anything about it, what is city code for? He has been cited once or
twice but has not had to pay a fine.
Flynn clarifies that there is two separate petitions one done when it was going to be an impound lot.
Miehe asks Westendorf that if the fencing and other improvements make a difference in his opinion to
which Westendorf replies that he still sees it as an eyesore. We are supposed to be beautifying Waterloo
but when someone comes from the airport they will see another salvage yard. Waterloo Auto Parts has a
fence but you still see junk cars, what are people from out of state going to see: junk cars.
It was moved by Buttgen, seconded by Donat to recommend denial of the Special Permit for a
Recycling, Junk or Salvage Yard located at 123 & 139 Clark Street. Motion failed 5-2 (Buttgen, Donat
–Yes; Castle, Wilber, Miehe, Flynn and Holdiman – Nay).
Buttgen said disregarding what staff has said, we have heard from neighbors and the community that
there would be a negative impact on the area if this Salvage Yard was allowed and because it does not
meet the minimum size requirements for a Salvage Yard.
After the motioned failed Schroeder recommended that the commission take another vote, it will move
on to the Board of Adjustment either way but it is cleaner to have another motion.
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It was moved by Miehe, seconded by Flynn to recommend approval of the Special Permit for a
Recycling, Junk or Salvage Yard located at 123 & 139 Clark Street. Motion passed 5-2. (Castle,
Wilber, Miehe, Flynn and Holdiman – Yes; Buttgen, Donat – Nay).
B. Plats
1. Request by North Crossing, LLC for the preliminary and final plat of North Crossing Phase 1, a 2-
lot subdivision located at the northeast corner of Logan Avenue and East Donald Street.
Schroeder read the staff report subject to the condition that all questions and comments addressed and
added to the preliminary plat as request by staff prior to going before the Waterloo city Council for a
final vote.
Schroder noted that an updated plat was being passed out that will hopefully address many of the issues
that were addressed in the staff report but will keep the condition on the report.
Holdiman noted that the document that was just past out does not include the detention basin Tract “A” and
questioned whether that was still included. Michelle Sweeney from AECOM Engineering said that what
was passed out was an earlier draft version but Tract “A” was still included.
Eric Johnson, Attorney representing the developer noted that the proposed changes or concerns were put
into the staff report but they did not receive the staff report but pulled up the staff report, saw the concerns
and sent them over to AECOM who made the changes over the last two days. Johnson stated that AECOM
has worked with Gentz from Engineering to address concerns and recommended that the plat be approved
subject to verification that all the concerns were addressed. He also noted that all concerns about the Deed
of Dedication have been addressed. There is development ready to happen on Lot 2 so it needs to be
finalized to make it happen.
Buttgen asked for clarification of what the “future” meant when it comes to Heath Street. Schroeder noted
that Heath Street does not currently exist east of US Highway 63 but is shown as a conceptual plan.
Johnson notes that Heath Street is not part of this plat; it may be part of a future plat.
Schroeder noted that one of the concerns was a permanent Sanitary Sewer easement where a building was
currently under construction and wanted verification that it had been taken care of and Schroeder says he
believes that the easement has been moved to show it not under the building. Sweeney confirmed that it
had been revised.
Castle wants confirmation of the areas that are covered under the plat. Johnson notes that it wraps around
the McDonalds restaurant that is located along the US Highway 63 frontage road. Castle notes that it is
showing potential future projects. Johnson went over the projects that are part of this plat that should be
started this spring.
Flynn noted the neighborhoods that are behind Walgreen’s and asked if any concern had been expressed by
anyone about the project. Johnson said they have not heard anything and to the contrary the projects have
met with enthusiasm because Logan Plaza that had become dilapidated was going to be repurposed and
improved.
Flynn noted that another Hotel besides the Motel 6 would be a wonderful addition to the area and excited
to see what is happing out there. Flynn also noted the only thing she would not like to see is the proposed
gas station to become a hang-out for kids for the nearby middle school to which Johnson responds that the
gas station would probably hate that too.
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Buttgen asked if there have been any objections from Hy-Vee about another gas station in the area to which
Johnson said he had not heard of any.
It was moved by Flynn, seconded by Wilber to recommend approval of the preliminary and final plats of
North Crossing Phase 1 subject to the conditions outlined in the staff report. Motion carried
unanimously.
C. Discussion
Buttgen wanted to note that she is excited on what is happening on the part of town that North Crossing is
located and wanted to thank the developer.
It was moved by Donat, seconded by Buttgen to adjourn the meeting at 5:59pm. Motion carried
unanimously.
Respectfully submitted,
John Dornoff,
Planner I
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CI TY OF WATER LOO
Council Communication
C ommunication from the Waterloo F ire R es cue Department on the notice of the conclus ion of employment for
C arl R eninger, 24 Hour C aptain, effective F ebruary 2, 2018 with rec ommendation of approval of payout of
$19,121.52 for unused benefits .
City Council Meeting: 2/19/2018
Prepared:
R EV I EWER S :
Department R eviewer Action Date
Human Resources Dunn, L ance Approved 2/13/2018 - 4:07 P M
C lerk O ffice Even, LeAnn Approved 2/14/2018 - 11:07 AM
ATTA C H M EN TS:
D escription Type
S UB J E C T:
C ommunic ation from the Waterloo F ire R esc ue Department on the notic e of
the conclus ion of employment for C arl R eninger, 24 Hour C aptain, effective
F ebruary 2, 2018 with recommendation of approval of payout of $19,121.52
for unused benefits .
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CI TY OF WATER LOO
Council Communication
C ertified Lis t for the pos ition of C lerk I I for the C ity of Waterloo, Iowa, as certified by the C ivil S ervic e
C ommis s ion on F ebruary 2, 2018.
City Council Meeting: 2/19/2018
Prepared:
R EV I EWER S :
Department R eviewer Action Date
Human Resources Even, LeAnn Approved 2/14/2018 - 11:07 AM
ATTA C H M EN TS:
D escription Type
S UB J E C T:C ertified List for the position of C lerk I I for the C ity of Waterloo, Iowa, as
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CI TY OF WATER LOO
Council Communication
C ertified Lis t for the pos ition of P roperty/Evidenc e C oordinator for the C ity of Waterloo, Iowa P olic e
Department as c ertified by the C ivil S ervice C ommis s ion on F ebruary 2, 2018.
City Council Meeting: 2/19/2018
Prepared:
R EV I EWER S :
Department R eviewer Action Date
Human Resources F elchle, Kelley Approved 2/14/2018 - 12:28 P M
ATTA C H M EN TS:
D escription Type
S UB J E C T:
C ertified List for the position of P roperty/Evidence C oordinator for the C ity
of Waterloo, Iowa P olic e Department as certified by the C ivil S ervic e
C ommission on F ebruary 2, 2018.
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