Loading...
HomeMy WebLinkAbout03/26/2012 (2)Amended Council Agenda Items Council Meeting Monday, March 26, 2011 PO Change to reflect both parties involved 20. Resolution approving Real Estate Sale Contract with Jerry Lew Makedonski and Debra K. Makedonski for the acquisition of 1823 Black Hawk Street in the amount of $55,000.00 with up to $10,000.00 in city environmental and closing costs; and authorize Mayor and City Clerk to execute said document. Submitted by Noel Anderson, Community Planning & Development Director Amended Council Agenda Items Council Meeting Monday, March 26, 2011 Change to reflect both parties involved 20. Resolution approving Real Estate Sale Contract with Jerry Lew Makedonski and Debra K. Makedonski for the acquisition of 1823 Black Hawk Street in the amount of $55,000.00 with up to $10,000.00 in city environmental and tO closing costs; and authorize Mayor and City Clerk to execute said document. Submitted by Noel Anderson, Community Planning & Development Director 1-� '1L t1 i ) CITY COUNCIL OF THE CITY, ► ��( 3/n) THE OF WATERLOO. IOWA, REGULAR SESSION TO BE HELD AT THE (i_,u J569°Of CITY HALL COUNCIL CHAMBERS, 5:30 P.M. / MONDAY, MARCH 26, 2012 CITY OF WATERLOO GOALS 1. Support economic development efforts that attract, retain and create quality jobs resulting in a diverse economic base and increased population. 2. Continue to support implementation of the Downtown Master Plan. 3. Facilitate and promote the development of housing options to meet the needs of current and future Waterloo citizens. 4. Develop a customer -centered service delivery approach. 5. Seek additional opportunities to share services and resources with other government entities. 6. Collaborate with statewide elected officials to reduce the burden on local property taxes. 7. Address the changing public workforce needs in Waterloo. S. Enhance and protect a diverse, family-oriented community where neighborhoods are safe and well maintained. 9. Enhance the quality of place opportunities for the citizens of our community. General Rules for Public Participation 1. Although not required by city code of ordinances, oral presentations may be allowed at the chair/presider's (usually the Mayor or Mayor Pro Tem) discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. A speaker may speak to one (1) issue per meeting for a maximum of three (3) minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 2. At the chair/presider's discretion, you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation (if appropriate) and speak clearly into the microphone. 3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow everyone who wishes to address the council, using the same participation guidelines found in these "general rules". 4. You may speak one (1) time per item for a maximum of three (3) minutes. 5. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 7. Citizens are encouraged to register with the Clerk's Office by 5:00 p.m. on Monday of the day of the City Council meeting to appear before the City Council (may also register by phone). Registered speakers will be given first priority. Roll Call. Moment of Silence. Pledge of Allegiance: Dennis Clark, General Manager Waterloo Water Works. Date(s) March 26, 2012 Agenda, as proposed or amended. Minutes of March 7, 2012, Budget Hearing; March 15, 2012, Special Session; March 19, 2012, Regular Session; as proposed. Page 1. a. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) Resolution to approve the following: 1. Bills Payment, Schedule AP642, a copy of which is on file in the office of the City Clerk. 2. Request of Paul Wonderly for tax exemptions on improvements totaling $475,000.00 for property located at 622-628 Ansborough Avenue and located 92, in the Consolidated Urban Revitalization Area. Submitted by Chris Western, Planner l/ l/)” 75'� b. 3. Request of Ivan Wieland of Screaming Eagle American Bar & Grill, 228 East 4th Street, for a variance to the Noise Ordinance and permission to close a portion of Lafayette Street (between 4th & 5th Streets) starting Thursday, April 5, 2012 and each Thursday through October 2012 from 5:00 p.m. to 11:00 p.m. in conjunction with Bike Night event, including a band and the use of a PA system, together with recommendation of approval of Director of Safety Services. 4. Request of Deacon Michael E. Lien of New Living Hope Apostolic Church, 2109 Falls Avenue, for a variance to the Noise Ordinance on April 7, 2012 from 3:00 p.m. to 7:00 p.m. in conjunction with Church Convention 3 year Anniversary event to be held at 2109 Falls Avenue, including a band and the use of a PA system, together with recommendation of approval of Director of Safety Services. Motion to approve the following: Name & Title of Personnel Travel Requests Class/ Meeting Rehl-Mason City PD, Anderson - Clear Lake PD LEIN Criminal Intelligence Course Destination Johnston, Iowa April 2- 13, 2012 Amount not to Exceed $1,600.00 • March 26, 2012 2. 3. 4. 5. 6. Page 3 Capt. Pillack, Sgt. Feaker, Investigator Saunders, Todd Wilson, Inv. Berry, Officer Roberts, Bellis - CFPD Multi -State Conference Dubuque, Iowa May 2-4, 2012 $2,231.36 Sgt. Fangman, Officer's Savage, Frein, Roberts, Muhlenbruch, Watson, Sadd, Ladage (CFPD), and Jeager (UNI) Midwest Gang Wisconsin Dells, Wisconsin May 20- 23, 2012 $5,356.00 Officer's Hundley, Jurgenson, and Wilson Advanced Vehicle Contraband and Concealment Johnston, Iowa April 5- 6, 2012 $180.00 Pat Treloar, Fire Chief IA Assoc of Professional Chiefs Spring Conference Ames, Iowa April 10- 11, 2012 $175.00 Officer Walter & Bovy Police Motorcycle Training Moline, Illinois April 14- 16, 2012 $676.00 7. Recommendation of appointment of Benjamin Wagner to the position of Draftsperson, effective March 27, 2012 -Submitted by Eric Thorson, P.E., City Engineer Class C Beer License Permit Application 8. Cork's Grocery, 1956 Lafayette Street (Renewal) (Expires 4/30/ 13) (Includes Sunday Sales) 9. New Star Liquor, 1309 Lafayette Street (Renewal) (Expires 4/ 15/ 13) (Includes Sunday Sales) 10. Sycamore Convenience, 617-619 Sycamore Street (Renewal) (Expires 3/ 11/ 13) (Includes Sunday Sales) Class E Liquor License Permit Application 11. New Star Liquor, 1309 Lafayette Street (Renewal) (Expires 4/ 15/ 13) (Includes Sunday Sales) 12. Sycamore Convenience, 617-619 Sycamore Street (Renewal) (Expires 3/ 11/ 13) (Includes Sunday Sales) March 26, 2012 Page 4 Class B Wine License Permit Application 13. New Star Liquor, 1309 Lafayette Street (Renewal) (Expires 4/ 15/ 13) (Includes Sunday Sales) 14. Sycamore Convenience, 617-619 Sycamore Street (Renewal) (Expires 3/ 11/ 13) (Includes Sunday Sales) Cigarette Permit Application 15. Demi's Blue Martini Lounge, 728 Commercial Street 16. Bonds PUBLIC HEARINGS 2. Request of Mobile Money Inc. for the vacation, sale and conveyance of approximately 14.5 foot by 300 foot portion of West 9th Street located between Jefferson Street and Bluff Street, with the portion located between Bluff Street and the alley located in Block 44 of the Original Plat of Waterloo West to be conveyed to Mobile Money Inc. for $750.48 and the portion located between the alley located in Block 44 of the Original Plat of Waterloo West and Jefferson Street to be retained by the City of Waterloo, subject to a condition that Mobile Money Inc. remove the sidewalk located within the area to be vacated and subject to city's retention of a permanent utility easement over, under and upon all. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of Planning, Programming and Zoning Commission and. Motion to receive, file, consider and pass for the first time an Ordinance vacating approximately 14.5 foot by 300 foot portion of West 9th Street located between Jefferson Street and Bluff Street, with the portion located between Bluff Street and the alley located in Block 44 of the Original Plat of Waterloo West to be conveyed to Mobile Money Inc. for $750.48 and the portion located between the alley located in Block 44 of the Original Plat of Waterloo West and Jefferson Street to be retained by the City of Waterloo, subject to a condition that Mobile Money Inc. remove the sidewalk located within the area to be vacated and subject to city's retention of a permanent utility easement over under and upon all. Motion to suspend the rules. V Motion to consider and pass for the second and third times and adopt ordinance. Resolution authorizing said sale and conveyance, and authorize City Attorney to prepare and deliver deed accordingly. Submitted by Noel Anderson, Community Planning & Development Director March 26, 2012 Page 5 3. Rezone from approximately 0.34 acres from "C -P" Planned Commercial District to "R -4,R -P" Planned Residence District, property located at 820 Sycamore Street for construction of a multi -family housing development. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of Planning, Programming and Zoning Commission. Motion to receive, file, consider and pass for the first time an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, Rezoning Certain Property. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt ordinance. Submitted by Noel Anderson, Community Planning & Development Director 4. Rezone approximately 1,710 square feet from "R-4" Multiple Residence District to "C-1" Neighborhood Commercial District, property located north of 1019 South Street to legalize an existing parking area for the adjacent Kwik Star store. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of Planning, Programming and Zoning Commission. Motion to receive, file, consider and pass for the first time an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, Rezoning Certain Property. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt ordinance. Submitted by Noel Anderson, Community Planning & Development Director March 26, 2012 Page 6 5. Request b_y Kwik Trip, Inc. to rezone approximately 8,277.5 square feet from "R-4" Multiple Residence District to "C-1" Neighborhood Commercial District, property located at 519 W 8th Street, 1009 South Street, and 1017 South Street for construction of additional parking for the adjacent Kwik Star store. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of Planning, Programming and Zoning Commission. Motion to receive, file, consider and pass for the first time an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, Rezoning Certain Property. Motion to suspend the rules. rl Motion to consider and pass for the second and third times and adopt ordinance. Submitted by Noel Anderson, Community Planning & Development Director 6. Request of Hy -Vee, Inc. to rezone approximately 1.26 acres from "R-1" One and Two Family Residence District to "C-2" Commercial District, property located at 3700 University Avenue to legalize an existing mini -storage business. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of Planning, Programming and Zoning Commission. Motion to receive, file, consider and pass for the first time an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, Rezoning Certain Property. Motion to suspend the rules. f S Motion to consider and pass for the second and third times and adopt ( f ordinance. Submitted by Noel Anderson, Community Planning & Development Director March 26, 2012 Page 7 7. Request of Dolly James, LLC for a site plan amendment to the "R -4,R -P" Planned Residence District, property _generally located within the area bounded by the Cedar River and Sycamore Street between the Union Pacific Railroad and East 8th Street to allow for the construction of a multi -family housing development Motion -to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of Planning, Programming and Zoning Commission. Motion to receive, file, consider and pass for the first time an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, Approving a Site Plan Amendment on Certain Property. Motion to suspend the rules. it65 Motion to consider and pass for the second and third times and adopt ordinance. Submitted by Noel Anderson, Community Planning & Development Director 8. Request of Kwik Trip, Inc. for the vacation, sale and conveyance of city - owned property generally located in an alley located within Block 7 of Does Addition subject to the retention of a utility easement over, under and upon the area to be vacated, and subject to the applicant constructing driveways off of South Street for 1009 South Street and 1017 South Street to allow for construction of additional parking for the adjacent Kwik Star store at a cost of $6,000.00 Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of Planning, Programming and Zoning Commission. Motion to receive, file, consider and pass for the first time an Ordinance vacating an alley located within Block 7 of Does Addition subject to the retention of a utility easement over, under and upon the area to be vacated, and subject to the applicant constructing driveways off of South Street for 1009 South Street and 1017 South Street. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt ,4•164) ordinance. rr Resolution authorizing said sale and conveyance, and authorize City /St° Attorney to prepare and deliver deed accordingly. Submitted by Noel Anderson, Community Planning & Development Director March 26, 2012 page 8 9. Request of Dolly James, LLC to vacate any and all easement located within the area generally located within the area bounded by the Cedar River and Sycamore Street between the Union Pacific Railroad and East 8th Street to allow for the construction of a multi family housing development Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of Planning, Programming and Zoning Commission. Motion to receive, file, consider and pass for the first time an Ordinance vacating any and all easement located within the area generally located within the area bounded by the Cedar River and Sycamore Street between the Union Pacific Railroad and East 8th Street. Motion to suspend the rules. 5161 Motion to consider and pass for the second and third times and adopt ordinance. �1�1 Resolution authorizing said sale and conveyance, and authorize City J I Attorney to prepare and deliver deed accordingly. Submitted by Noel Anderson, Community Planning & Development Director 0,1/45 -of\ OTC RESOLUTIONS 10. Resolution approving agreement with Silver Eagle Harley-Davidson/Buell to lease two Harley Davidson motorcycles at a cost of $125.00 per month per motorcycle for one year, plus routine maintenance; and authorize Mayor to execute said document. Submitted by Dan Trelka, Director of Safety Services 11. Resolution approving submission of Black Hawk County Gaming Association grant application in the amount of $50,000.00 to be used for b Gl1Cedar Valley SportsPlex marketing program; and authorize Mayor to execute said document. Submitted by Mark Gallagher, Sports Manager 12. Resolution approving Contracts, Bonds and Certificates of Insurance in the amount of $51,956.00 with B & B Builders & Supply of Waterloo, �,%2/U Iowa in conjunction with 2012 Sullivan Park Shelter Project; and authorize Mayor and City Clerk to execute said documents. Submitted by Rick Curran, Leisure Services Facilities Manager March 26, 2012 Page 9 13. Resolution approving Contracts, Bonds and Certificates of Insurance in the amount of $89,075.00 with Aspro, Inc. of Waterloo, Iowa in , y) conjunction with 2012 Highland Park Basketball & Tennis Court Project; and authorize Mayor and City Clerk to execute said documents. Submitted by Rick Curran, Leisure Services Facilities Manager 14. Resolution approving a lease agreement with Janet Kendall -Post to lease city owned property located on Riverside Drive just west of 903 Riverside + n Drive for $1.00 per year; and authorize Mayor and City Clerk to execute 1j said document. Submitted by Aric Schroeder, City Planner 15. Resolution approving a lease agreement with George A. Ryan and Loretta R. Ryan to lease city owned property located on Riverside Drive just east of 727 Riverside Drive for $1.00 per year; and authorize Mayor and City Clerk to execute said document. Submitted by Aric Schroeder, City Planner Resolution approving a lease agreement with Darlyne Yagla to lease city owned property located on Riverside Drive just south of 509 Riverside Drive for $1.00 per year; and authorize Mayor and City Clerk to execute said document. Submitted by Aric Schroeder, City Planner 17. Resolution approving request of Dolly James, LLC to dedicate the necessary easements within an area bounded by the Cedar River, Sycamore Street, East 8th Street, and the railroad tracks to allow for the construction of a multi family housing development. Submitted by Aric Schroeder, City Planner 18. Resolution resetting date of hearing and bid opening on the F.Y. 2012 Street Reconstruction Program, Contract No. 819 as April 9, 2012 and Pt; instruct City Clerk to publish notice of plans, specifications, form of contract, etc. Submitted by Dennis Gentz, P.E., Assistant City Engineer 19. Resolution approving amendment to Development Agreement with Dolly James LLC to add wording for a grant payment in the amount of $14,528.99; and authorize Mayor and City Clerk to execute said l.� document. Submitted by Noel Anderson, Community Planning & Development Director March .‘?5-2012 Page 10 �Resoluti • - . roving Real Estate Sale Contract with Jerry Makedonski for t - acqut 'tion of 1823 Black Hawk Street in the amount of $55 1 00.00 with up to $10,000.00 in city environmental and closing c • ts; and authoriz = Mayor and City Clerk to execute said document. Submitted by Noel Anderson, . ni y Planning & Development Director 21. Resolution approving First amendment to Land Lease Agreement with G� Fidelity Towers to lease a cell tower at C.A. Morris Park; and authorize Mayor and City Clerk to execute said document. Submitted by Noel Anderson, Community Planning & Development Director 22. Resolution approving Memorandum of Lease with Fidelity Towers to lease �f h a cell tower at C.A. Morris Park; and authorize Mayor and City Clerk to �! U execute said document. Submitted by Noel Anderson, Community Planning & Development Director Resolution approving Development Agreement with C. Doyle Properties LLC for property located at 216-218 East 4th Street to place a minimum assessment amount on property for 5 years at $206,260.00; and authorize Mayor and City Clerk to execute said document. Submitted by Noel Anderson, Community Planning & Development Director 24. Resolution approving an agreement with Sycam Orr LLC for property located at 616-622 Sycamore Street to allow for a skywalk connection between private building and city parking ramp; and authorize Mayor gO f� and City Clerk to execute said document. Submitted by Noel Anderson, Community Planning & Development Director 25. Resolution approving Early Access Agreement with Northeast Iowa Food Bank, Inc., to allow for work to begin on their new facility in Rath area 2r1 prior to closing on the property; and authorize Mayor and City Clerk to execute said document. iii Submitted by Noel Anderson, Community Planning & Development Director 26. Motion approving Change Order No. 1 for a net increase of $28,495.00 to add 910 West Shaulis Road and 218 West Mullan Avenue for work performed by Lehman Trucking & Excavating Inc. of Waterloo, Iowa in conjunction with Demolition and Site Clearance Services (no regulated asbestos -containing materials); and authorize Mayor and City Clerk to execute said documents. a� Submitted by Noe/Anderson, Community Planning & Development Director Resolution approving City of Waterloo Driveway and Sidewalk Specifications for use by contractors and property owners starting with the 2012 construction season. Submitted by Wayne Castle, PLS, El, Associate Engineer March 26, 2012 Page 11 ORDINANCES 28. Snow and Ice Removal (Clarifying Property Owners Responsibility) Motion to receive, file, consider and pass for the first time an Ordinance amending the 7-1-2B Snow and Ice Removal Motion suspending the rules. Motion to consider and pass for the second and third time and adopt t/11C' ordinance. Submitted by Larry Smith, Waste Management Services Superintendent OTHER COUNCIL BUSINESS 29. Resolution setting date of hearing as April 9, 2012 to approve a request by Invision Architecture on behalf of the Waterloo Community School District to rezone 20.56 acres from "A-1" Agricultural District to "R-1" One and Two Family Residence District, property located at the northeast 1(5 corner of Kimball Avenue and East Orange Road in connection with the new Orange Elementary School, generally located at the northeast corner of Kimball Avenue and East Orange Road; and instruct City Clerk to publish notice. Submitted by Noel Anderson, Community Planning & Development Director 30. Resolution setting date of hearing as April 9, 2012 to approve the vacation of a portion of West 2nd Street located between Jefferson Street and Washington Street, a portion of Washington Street from West 3rd Street to West 2nd Street, and a portion of the public alleys located in 2rite, Block 13 and Block 14 of Original Plat of Waterloo West, to allow for the development of a new 130,000 square foot recreational and athletic indoor sports facility (Cedar Valley Sportsplex); and instruct City Clerk to publish notice. Submitted by Noel Anderson, Community Planning & Development Director 31. Resolution setting date of hearing as April 9, 2012 to approve request by Waterloo Development Corporation and the City of Waterloo to rezone the area bonded by Jefferson Street, West 1st Street, West 3rd Street and Washington Street from "M-1" Light Industrial District to "C-3" Central Business District, to allow for the development of a new 130,000 square foot recreational and athletic indoor sports facility (Cedar Valley Sportsplex); and instruct City Clerk to publish notice. Submitted by Noel Anderson, Community Planning & Development Director March 26, 2012 Page 12 32. Request for Proposal for Demolition and Site Clearance Services (no regulated asbestos -containing materials) for 820 and 910 Sycamore Streets, 1518 West 4th Street Motion to instruct Community Planning & Development Director to prepare plans, specifications, form of contract, etc. Motion to receive and file plans, specifications, form of contract, etc. oResolution preliminarily approving plans, specifications, form of contract, etc. Resolution setting date of hearing and bid opening as April 9, 2012; and /"1:1°1 instruct City Clerk to publish notice of plans, specifications, form of contract, etc. Submitted by Noel Anderson, Community Planning & Development Director ORAL PRESENTATIONS Motion to receive and file oral comments. ADJOURNMENT Motion to adjourn. Suzy Schares City Clerk MEETINGS Monday, March 26, 2012 4:15 p.m. - Council Work Sessions, Council Chambers 5:00 p. m. - Finance Committee, Council Chambers PUBLIC INFORMATION 1. Waterloo Public Library Board of Trustees meeting minutes of February 13, 2012 on file in the City Clerk's office. 2. Community Development Board meeting minutes of February 21, 2012 and Public Hearing for Citizen Input for FY2013 CDBG and HOME Program meeting minutes of February 21, 2012 on file in the City Clerk's office. March 26, 2012 Page 13 CONTRACT PAYMENT SCHEDULE 1. Waterloo Dam Rehabilitation and Riverwall Reconstruction, Contract No. 713 Pay estimate No. 34 to AECOM in the total amount due of $2,387.97 2. Commercial St Extension & River Road Relocation & Storm Water Pump Station, Contract No. 720 Pay estimate No. 33 to Cedar Valley Corp in the total amount due of $27, 772.34 3. F. Y. 2010 Cedar River Water Trail, Contract No. 734 Pay estimate No. 12 to AECOM in the total amount due of $3,360.00 4. F. Y 2010 Cedar River Water Trail (Portages), Contract No. 734 Pay estimate No. 30 to Vieth Construction in the total amount due of $82, 907.69 5. F. Y. 2011 Downtown Wayfinding Signage, Contract No. 783 Pay estimate No. 11 to JDE in the total amount due of $425.00 6. F. Y. 2011 Downtown Wayfinding Signage, Contract No. 783 Pay estimate No. 11 to JDE in the total amount due of $425.00 7. F. Y. 2011 Cattle Congress Storm Water Pump Station, Contract No. 801 Pay estimate No. 3 to JDE Engineering in the total amount due of $6,212.50 8. F. Y 2011 Lou Henry Hoover Sculpture Garden, Contract No. 803 Pay estimate No. 4 to Craig Ritland Landscape Architects in the total amount due of $7,682.50 9. Waterloo Stormwater Lift Stations at Blowers Creek and Drq Run Creek Payment to AECOM in the total amount due of $4,867.89 10. Delane Avenue Detention Area & Preliminary Plan Development Payment to JDE Engineering in the total amount due of $15,200.00 11. Waterloo Stormwater Lift Stations at Cedar Bend, Hollywood and Fletcher Avenue Pay estimate No. 8 to Snyder & Associates in the total amount due of $2, 609.00 Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. RESOLUTION NO. 2012-272 RESOLUTION APPROVING SKYWALK AGREEMENT WITH SYCAMORR, LLC OF WATERLOO, IOWA AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Skywalk Agreement dated March 26, 2012, to allow for a pedestrian skywalk connection between a private building and city parking ramp for property located at 616-622 Sycamore Street, by and between SycamOrr, LLC of Waterloo, Iowa and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor and City Clerk authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 26th day of March, 2012. Ernest G. Clar ATTEST: uzy Sc res, CMC City Cl rk , Mayor Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. RESOLUTION NO. 2012-272 RESOLUTION APPROVING SKYWALK AGREEMENT WITH SYCAMORR, LLC OF WATERLOO, IOWA AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Skywalk Agreement dated March 26, 2012, to allow for a pedestrian skywalk connection between a private building and city parking ramp for property located at 616-622 Sycamore Street, by and between SycamOrr, LLC of Waterloo, Iowa and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor and City Clerk authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 26th day of March, 2012. ATTEST: .14,t.e.eZ a(J Ernest G. Clark, Mayor uzy Sch:res, CMC City Cle k Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. RESOLUTION NO. 2012-272 RESOLUTION APPROVING SKYWALK AGREEMENT WITH SYCAMORR, LLC OF WATERLOO, IOWA AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Skywalk Agreement dated March 26, 2012, to allow for a pedestrian skywalk connection between a private building and city parking ramp for property located at 616-622 Sycamore Street, by and between SycamOrr, LLC of Waterloo, Iowa and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor and City Clerk authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 26th day of March, 2012. feuder- et4J Ernest G. Clark, Mayor ATTEST: zy Sc ares, CMC City Clerk Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. ORDINANCE NO. 5100 AN ORDINANCE VACATING AN APPROXIMATE 14.5 FOOT BY 300 FOOT PORTION OF WEST 9TH STREET LOCATED BETWEEN JEFFERSON STREET AND BLUFF STREET, SUBJECT TO A CONDITION THAT MOBILE MONEY INC. REMOVE THE SIDEWALK LOCATED WITHIN THE AREA TO BE VACATED AND SUBJECT TO CITY'S RETENTION OF A PERMANENT UTILITY EASEMENT OVER, UNDER AND UPON ALL, IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, as follows: Bluff Street to Alley A survey of West Ninth Street a platted 80 ft. public right of way in Original Plat Waterloo West of the Cedar River, in the Southwest k Section 25, Township 89 North, Range 13 West, City of Waterloo, Black Hawk County, State of Iowa, more particularly described as follows: Beginning at the Northwesterly corner of Lot 6 in said Block 44; thence parralelle with the Westerly line of said Lot 5, N28°13'37"W, 14.50 feet; thence N62°04'31"E, 140.01 feet to the extanded Westerly right of way line of a platted 20 ft. public alley; thence S28°13'32"E 14.50 feet along said extended line, to the Northeasterly corner of said Lot 6; thence S62°04'31"W 140.01 feet along the Northerly line of Lot 6 in said Block 44, also being the Southerly right of way line of West Ninth Street, to the point of beginning, containing 2,030.00 sq. ft., or 0.046 acres; And Alley to Jefferson Street A survey of West Ninth Street a platted 80 ft. public right of way in Original Plat Waterloo West of the Cedar River, in the Southwest k Section 25, Township 89 North, Range 13 West, City of Waterloo, Black Hawk County, State of Iowa, more particularly described as follows: Beginning at the Northwesterly corner of Lot 5 in said Block 44; thence parralelle with the Westerly line of said Lot 5, N28°13'32"W, 14.50 feet; thence N62°04'31"E, 140.05 feet to the extanded Westerly right of way line of a Jefferson Street; thence S28°11'38"E 14.50 feet along said extended line, to the Northeasterly corner of said Lot 5; thence S62°04'31"W 140.05 feet along the Northerly line of Lot 5 in said Block 44, also being the Southerly right of way line of West Ninth Street, to the point of beginning, containing 2,045.2 sq. ft., or 0.047 acres; shall be, and the same is hereby vacated. Ordinance No. 5100 Page 2 INTRODUCED: PASSED 1St CONSIDERATION: PASSED 2nd CONSIDERATION: PASSED 3rd CONSIDERATION: March 26, 2012 March 26, 2012 March 26, 2012 March 26, 2012 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 26th day of March, 2012, and approved by the Mayor on the 26th day of March, 2012. ATTEST: y Sch..res, CMC City Cler t G. Clark, Mayor CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5100, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 26th day of March, 2012. Witness my hand and seal of office this 26th day of March, 2012. SEAL Suzy (h.res, CMC City Cle k Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. ORDINANCE NO. 5100 AN ORDINANCE VACATING AN APPROXIMATE 14.5 FOOT BY 300 FOOT PORTION OF WEST 9TH STREET LOCATED BETWEEN JEFFERSON STREET AND BLUFF STREET, SUBJECT TO A CONDITION THAT MOBILE MONEY INC. REMOVE THE SIDEWALK LOCATED WITHIN THE AREA TO BE VACATED AND SUBJECT TO CITY'S RETENTION OF A PERMANENT UTILITY EASEMENT OVER, UNDER AND UPON ALL, IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, as follows: Bluff Street to Alley A survey of West Ninth Street a platted 80 ft. public right of way in Original Plat Waterloo West of the Cedar River, in the Southwest k Section 25, Township 89 North, Range 13 West, City of Waterloo, Black Hawk County, State of Iowa, more particularly described as follows: Beginning at the Northwesterly corner of Lot 6 in said Block 44; thence parralelle with the Westerly line of said Lot 5, N28°13'37"W, 14.50 feet; thence N62°04'31"E, 140.01 feet to the extanded Westerly right of way line of a platted 20 ft. public alley; thence S28°13'32"E 14.50 feet along said extended line, to the Northeasterly corner of said Lot 6; thence S62°04'31"W 140.01 feet along the Northerly line of Lot 6 in said Block 44, also being the Southerly right of way line of West Ninth Street, to the point of beginning, containing 2,030.00 sq. ft., or 0.046 acres; And Alley to Jefferson Street A survey of West Ninth Street a platted 80 ft. public right of way in Original Plat Waterloo West of the Cedar River, in the Southwest Section 25, Township 89 North, Range 13 West, City of Waterloo, Black Hawk County, State of Iowa, more particularly described as follows: Beginning at the Northwesterly corner of Lot 5 in said Block 44; thence parralelle with the Westerly line of said Lot 5, N28°13'32"W, 14.50 feet; thence N62°04'31"E, 140.05 feet to the extanded Westerly right of way line of a Jefferson Street; thence S28°11'38"E 14.50 feet along said extended line, to the Northeasterly corner of said Lot 5; thence S62°04'31"W 140.05 feet along the Northerly line of Lot 5 in said Block 44, also being the Southerly right of way line of West Ninth Street, to the point of beginning, containing 2,045.2 sq. ft., or 0.047 acres; shall be, and the same is hereby vacated. Ordinance No. 5100 Page 2 INTRODUCED: PASSED 1st CONSIDERATION: PASSED 2nd CONSIDERATION: PASSED 3rd CONSIDERATION: March 26, 2012 March 26, 2012 March 26, 2012 March 26, 2012 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 26th day of March, 2012, and approved by the Mayor on the 26th day of March, 20 2. ATTEST: Suzy Sres, CMC City Clerk est G. Clar , Mayor CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5100, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 26th day of March, 2012. Witness my hand and seal of office this 26th day of March, 2012. SEAL uzy / . ares, CMC City Clerk Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. ORDINANCE NO. 5101 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, REZONING CERTAIN PROPERTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: Section 1. That the Official Zoning Map referred to in Section 10-4-4, Rezoning Certain Property, of Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, be amended to rezone the property legally described as follows: Lots Nos. One (1) and Four (4), except the Northwesterly twenty-three and one-half (23) feet thereof, in Block No. One (1), in the Original Plat, on the East Side of the Cedar River, in the City of Waterloo, Black Hawk County, Iowa, subject to the right-of-way conveyed to the Chicago Great Western Railway Company, by deed recorded in Book 44 of Town Lot Deeds, Page 587, of the records of said County; now zoned on the Official Zoning Map of Waterloo, Iowa, approximately 0.34 acres located at 820 Sycamore Street, as "C -P" Planned Commercial District, be and the same is hereby zoned as "R -4,R -P" Planned Multiple Residence District, as above described. Section 2. That the City Clerk be, and she is hereby directed to file a certified copy of this Ordinance with the Recorder of Black Hawk County, Iowa. INTRODUCED: PASSED 1st CONSIDERATION: PASSED 2nd CONSIDERATION: PASSED 3rd CONSIDERATION: PASSED AND ADOPTED this ATTEST: City Clerk March 26, 2012 March 26, 2012 March 26, 2012 March 26, 2012 26th day of March, 2012. ALI Ernest G. Clark, Mayor Ordinance No. 5101 Page 2 CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5101 as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 26t day of March, 2012. Witness my hand and seal of office this 26th day of March, 2012. SEAL Suzy S res, CMC City Clerk Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. ORDINANCE NO. 5101 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, REZONING CERTAIN PROPERTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: Section 1. That the Official Zoning Map referred to in Section 10-4-4, Rezoning Certain Property, of Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, be amended to rezone the property legally described as follows: Lots Nos. One (1) and Four (4), except the Northwesterly twenty-three and one-half (23) feet thereof, in Block No. One (1) , in the Original Plat, on the East Side of the Cedar River, in the City of Waterloo, Black Hawk County, Iowa, subject to the right-of-way conveyed to the Chicago Great Western Railway Company, by deed recorded in Book 44 of Town Lot Deeds, Page 587, of the records of said County; now zoned on the Official Zoning Map of Waterloo, Iowa, approximately 0.34 acres located at 820 Sycamore Street, as "C -P" Planned Commercial District, be and the same is hereby zoned as "R -4,R -P" Planned Multiple Residence District, as above described. Section 2. That the City Clerk be, and she is hereby directed to file a certified copy of this Ordinance with the Recorder of Black Hawk County, Iowa. INTRODUCED: PASSED 1st CONSIDERATION: PASSED 2nd CONSIDERATION: PASSED 3rd CONSIDERATION: March 26, 2012 March 26, 2012 March 26, 2012 March 26, 2012 PASSED AND ADOPTED this 26th day of March, 2012. Ernest G. ATTEST: Clark, Mayor Ordinance No. 5101 Page 2 CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5101 as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 26t day of March, 2012. Witness my hand and seal of office this 26th day of March, 2012. SEAL Suzy Se' ales, CMC City Clerk Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. ORDINANCE NO. 5102 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, REZONING CERTAIN PROPERTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: Section 1. That the Official Zoning Map referred to in Section 10-4-4, Rezoning Certain Property, of Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, be amended to rezone the property legally described as follows: Does Addition the Northeasterly 37.50 feet of the Southeasterly k of Lot 8 and the Northeasterly 37.50 feet of the Northwesterly of Lot 9 all in Block 7 of the City of Waterloo, Black Hawk County, Iowa; now zoned on the Official Zoning Map of Waterloo, Iowa, approximately 1,710 square feet located at 1019 South Street, as "R-4" Multiple Residence District, be and the same is hereby zoned as "C-1" Neighborhood Commercial District, as above described. Section 2. That the City Clerk be, and she is hereby directed to file a certified copy of this Ordinance with the Recorder of Black Hawk County, Iowa. INTRODUCED: PASSED 1st CONSIDERATION: PASSED 2nd CONSIDERATION: PASSED 3rd CONSIDERATION: March 26, 2012 March 26, 2012 March 26, 2012 March 26, 2012 PASSED AND ADOPTED this 26th day of March, 2012. ATTEST: Suzy Sc ares, CMC City Clerk Ernest G. Clark, Mayor CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5102 as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 26t day of March, 2012. Witness my hand and seal of office this 26th day of March, 2012. SEAL Suzy Sc ares, CMC City Cl-rk Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. IOWA: ORDINANCE NO. 5102 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, REZONING CERTAIN PROPERTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, Section 1. That the Official Zoning Map referred to in Section 10-4-4, Rezoning Certain Property, of Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, be amended to rezone the property legally described as follows: Does Addition the Northeasterly 37.50 feet of the Southeasterly of Lot 8 and the Northeasterly 37.50 feet of the Northwesterly of Lot 9 all in Block 7 of the City of Waterloo, Black Hawk County, Iowa; now zoned on the Official Zoning Map of Waterloo, Iowa, approximately 1,710 square feet located at 1019 South Street, as "R-4" Multiple Residence District, be and the same is hereby zoned as "C-1" Neighborhood Commercial District, as above described. Section 2. That the City Clerk be, and she is hereby directed to file a certified copy of this Ordinance with the Recorder of Black Hawk County, Iowa. INTRODUCED: PASSED 1st CONSIDERATION: PASSED 2nd CONSIDERATION: PASSED 3rd CONSIDERATION: PASSED AND ADOPTED this ATTEST: March 26, 2012 March 26, 2012 March 26, 2012 March 26, 2012 26th day of March, 2012. Ernest G. Clark, Mayor Suzy Scares, CMC City Clerk CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5102 as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 26t day of March, 2012. Witness my hand and seal of office this 26th day of March, 2012. SEAL uzy S hares, CMC City Clerk Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. ORDINANCE NO. 5103 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, REZONING CERTAIN PROPERTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: Section 1. That the Official Zoning Map referred to in Section 10-4-4, Rezoning Certain Property, of Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, be amended to rezone the property legally described as follows: 519 West 8th Street The Northeast ' of Lot 6 in Block 7 in Doe's Addition to the City of Waterloo, Black Hawk County, Iowa. 1009 South Street The Northeasterly 37.5 feet of Lot No. Seven (7), in Block No. Seven (7), in Doe's Addition to Waterloo, Black Hawk County, Iowa. 1017 South Street The Northeasterly 37.5 feet of the Northwest Forty-five (45) feet of Lot No. Eight (8) , in Block No. Seven (7) in Doe's Addition to the Village (now City) of Waterloo, Black Hawk County, Iowa; now zoned on the Official Zoning Map of Waterloo, Iowa, approximately 8,277.5 square feet as "R-4" Multiple Residence District, be and the same is hereby zoned as "C-1" Neighborhood Commercial District, as above described. Section 2. That the City Clerk be, and she is hereby directed to file a certified copy of this Ordinance with the Recorder of Black Hawk County, Iowa. INTRODUCED: PASSED 1st CONSIDERATION: PASSED 2nd CONSIDERATION: PASSED 3rd CONSIDERATION: March 26, 2012 March 26, 2012 March 26, 2012 March 26, 2012 PASSED AND ADOPTED this 26th day of March, 2012. ATTEST: .-.."L Suzy S ares, City erk Ernest G Clark, Mayor Ordinance No. 5103 Page 2 CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5103 as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 26t day of March, 2012. Witness my hand and seal of office this 26th day of March, 2012. SEAL c Suzy '.c ares, CMC City C1-rk Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. ORDINANCE NO. 5103 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, REZONING CERTAIN PROPERTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: Section 1. That the Official Zoning Map referred to in Section 10-4-4, Rezoning Certain Property, of Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, be amended to rezone the property legally described as follows: 519 West 8th Street The Northeast of Lot 6 in Block 7 in Doe's Addition to the City of Waterloo, Black Hawk County, Iowa. 1009 South Street The Northeasterly 37.5 feet of Lot No. Seven (7), in Block No. Seven (7), in Doe's Addition to Waterloo, Black Hawk County, Iowa. 1017 South Street The Northeasterly 37 (45) feet of Lot No. in Doe's Addition Waterloo, Black Hawk 5 feet of the Northwest Eight (8), in Block No to the Village (now County, Iowa; Forty-five Seven (7) City) of now zoned on the Official Zoning Map of Waterloo, Iowa, approximately 8,277.5 square feet as "R-4" Multiple Residence District, be and the same is hereby zoned as "C-1" Neighborhood Commercial District, as above described. Section 2. That the City Clerk be, and she is hereby directed to file a certified copy of this Ordinance with the Recorder of Black Hawk County, Iowa. INTRODUCED: PASSED 1st CONSIDERATION: PASSED 2nd CONSIDERATION: PASSED 3rd CONSIDERATION: PASSED AND ADOPTED this ATTEST: Suzy :c ares, CMC City C1•-rk March March March March 26, 2012 26, 2012 26, 2012 26, 2012 26th day of March, 2012. Ernest G. Clark, Mayor Ordinance No. 5103 Page 2 CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5103 as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 26t day of March, 2012. Witness my hand and seal of office this 26th day of March, 2012. SEAL Suzy S City C er es, CMC Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. ORDINANCE NO. 5104 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, REZONING CERTAIN PROPERTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: Section 1. That the Official Zoning Map referred to in Section 10-4-4, Rezoning Certain Property, of Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, be amended to rezone the property legally described as follows: That part of the East Half of Section 20, Township 89 North, Range 13 West in the Fifth Principal Meridian, in the City of Waterloo, Black Hawk County, State of Iowa, more particularly described as follows: Beginning at the Westerly common corner of Lot 14 and Lot 15 of Forrest Hill Subdivision in said City of Waterloo; thence S89°18'41"W 406.60 feet along the Southerly line of said Lot 14 extended, to a point on the Easterly line extended of the Target Store at 3810 University Avenue, Waterloo, Iowa; thence N00°04'16"W 154.41 feet along said extended line and the Easterly line to a point; thence S89°58'59"E 406.81 feet to a point on the Westerly line of Lot 13 of Forrest Hill Subdivision in said City of Waterloo; thence S00°01'01"W 149.40 feet along said Westerly line of Lot 13 and Lot 14 of Forrest Hill Subdivision in said City of Waterloo, Iowa, to the Point of Beginning, containing 61,778.5 square feet, or 1.418 acres; now zoned on the Official Zoning Map of Waterloo, Iowa, approximately 1.26 acres located at 3700 University Avenue, as "R-1" One and Two Family Residence District, be and the same is hereby zoned as "C-2" Commercial District, as above described. Section 2. That the City Clerk be, and she is hereby directed to file a certified copy of this Ordinance with the Recorder of Black Hawk County, Iowa. INTRODUCED: PASSED 1st CONSIDERATION: PASSED 2nd CONSIDERATION: PASSED 3rd CONSIDERATION: March 26, 2012 March 26, 2012 March 26, 2012 March 26, 2012 PASSED AND ADOPTED this 26th day of March, 2012. ATTEST: Suzy S Ires, MC City Clk Ernest G. Clark, Mayor Ordinance No. 5104 Page 2 CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5104 as passed and adoted by the City Council of the City of Waterloo, Iowa, on the 26t day of March, 2012. Witness my hand and seal of office this 26th day of March, 2012. SEAL k..A.c-Or—sL-C) Suzy Tares, CMC City Clerk Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. ORDINANCE NO. 5104 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, REZONING CERTAIN PROPERTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: Section 1. That the Official Zoning Map referred to in Section 10-4-4, Rezoning Certain Property, of Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, be amended to rezone the property legally described as follows: That part of the East Half of Section 20, Township 89 North, Range 13 West in the Fifth Principal Meridian, in the City of Waterloo, Black Hawk County, State of Iowa, more particularly described as follows: Beginning at the Westerly common corner of Lot 14 and Lot 15 of Forrest Hill Subdivision in said City of Waterloo; thence S89°18'41"W 406.60 feet along the Southerly line of said Lot 14 extended, to a point on the Easterly line extended of the Target Store at 3810 University Avenue, Waterloo, Iowa; thence N00°04'16"W 154.41 feet along said extended line and the Easterly line to a point; thence S89°58'59"E 406.81 feet to a point on the Westerly line of Lot 13 of Forrest Hill Subdivision in said City of Waterloo; thence S00°01'01"W 149.40 feet along said Westerly line of Lot 13 and Lot 14 of Forrest Hill Subdivision in said City of Waterloo, Iowa, to the Point of Beginning, containing 61,778.5 square feet, or 1.418 acres; now zoned on the Official Zoning Map of Waterloo, Iowa, approximately 1.26 acres located at 3700 University Avenue, as "R-1" One and Two Family Residence District, be and the same is hereby zoned as "C-2" Commercial District, as above described. Section 2. That the City Clerk be, and she is hereby directed to file a certified copy of this Ordinance with the Recorder of Black Hawk County, Iowa. INTRODUCED: PASSED 1st CONSIDERATION: PASSED 2nd CONSIDERATION: PASSED 3rd CONSIDERATION: March 26, 2012 March 26, 2012 March 26, 2012 March 26, 2012 PASSED AND ADOPTED this 26th day of March, 2012. rnest G. Clark, Mayor ATTEST: Suzy •t. h res, CMC City Clerk Ordinance No. 5104 Page 2 CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5104 as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 26t day of March, 2012. Witness my hand and seal of office this 26th day of March, 2012. SEAL uzychares, CMC City Clerk Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. ORDINANCE NO. 5105 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, A SITE PLAN AMENDMENT TO THE "R -4,R -P" PLANNED MULTIPLE RESIDENCE DISTRICT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: Section 1. That the Official Zoning Map referred to in Section 10-4-4, of Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, be amended to approve a site plan amendment to the "R -4,R -P" Planned Multiple Residence District, generally located within the area bounded by the Cedar River and Sycamore Street, and East 8th Street and the Union Pacific railroad tracks, to allow for the construction of a multi -family housing development, legally described as follows: This plat represents a survey of Parcel "R" That part of Lot Nos. 1, 4, 5, 8, & 9 in Block 1 and all of Block 22 and Vacated East 7 Street lying between Block 1 & Block 22 and Vacated Water Street generally lying Southwesterly of Block 1 & Block 22, all lying in the "Original Plat on the East side of the Cedar River, City of Waterloo", and part of the fractional land lying between the Cedar River and Block 1 & Block 22 in the "Original Plat on the East side of the Cedar River, City of Waterloo", Black Hawk County, Iowa, described as follows: Beginning at the Easterly corner of said Block 22 in the "Original Plat on the East side of the Cedar River, City of Waterloo", point being a found l" rebar with license #8033; thence along the Southeasterly line of said Block 22 in the "Original Plat on the East side of the Cedar River, City of Waterloo", also being the Northwesterly line of East 8th Street and along the Southeasterly line of Acquisition Plat dated 11/8/2002 recorded in File #2003-00025496 in the Office of the Black Hawk County Recorder South 40°43' West a distance of 334.75 to a set le rebar with license #6505; thence to set l" thence to set l" thence to set 1,e thence to set l" thence feet a a a a North rebar North rebar North rebar North rebar North to Southwesterly 3/17/2006 recorded in Fee Book #2006 23029 in the Office of the Black Hawk County Recorder, point being a set ;" rebar with license #6505; thence along said Southwesterly extension North 40°4834' East a distance of 87.6 feet to the Southwesterly corner of said Plat of Survey recorded in Fee Book #2006 23029, also being on the Southeasterly right-of-way line of the Union Pacific Railroad, point being a found le rebar; 48°42' West a distance of with license #6505; 39°33' West a distance with license #6505; 48°55' West a distance with license #6505; 73°54' West a distance with license #6505; 49°30' West a distance extension of Plat of 207.8 of 102.55 of 82.45 of 104.5 feet feet feet feet of 17.5 feet Survey dated Ordinance No. 5105 Page 2 thence along the Northwesterly line of said Plat of Survey recorded in Fee Book #2006 23029, also being along said Southeasterly right-of-way line of the Union Pacific Railroad North 40°483' East a distance of 271.8 feet to the Southwesterly right-of-way of Sycamore Street, point being a set ;z" rebar with license #6505; thence along said Southwesterly right-of-way of Sycamore Street South 49°07'07" East a distance of 124.5 feet to the Easterly corner of Lot 1 in said Block 1 of the "Original Plat on the East side of the Cedar River, City of Waterloo", also being the Northerly corner of Vacated East 7th Street, point being a found 1k" square iron bar; thence along the Northeasterly line of said Vacated East 7th Street South 49°32' East a distance of 79.95 feet to the Northerly corner of Lot 2 in said Block 22 of the "Original Plat on the East side of the Cedar River, City of Waterloo", point being a found " rebar with license #7034; thence along the Southwesterly right-of-way line of said Sycamore Street South 49°041-1' East a distance of 149.7 feet to the Northerly corner of Lot 1 of said Block 22 of the "Original Plat on the East side of the Cedar River, City of Waterloo", point being a found 1/2 rebar with license #3862; thence along said Southwesterly right-of-way line of Sycamore Street South 49°06' East a distance of 149.1 feet to the point of beginning. Containing 3.82 acres. Subject to restrictions, ordinances, and limited access not of record. easements, covenants, provisions of record and Note: The Northeasterly line of Lot 1 in said Block 1 of the "Original Plat on the East side of the Cedar River, City of Waterloo" is assumed to bear South 49°07'07" East for this description. Section 2. That the City Clerk be, and she is hereby directed to file a certified copy of this Ordinance with the Recorder of Black Hawk County, Iowa. INTRODUCED: PASSED 1st CONSIDERATION: PASSED 2nd CONSIDERATION: PASSED 3rd CONSIDERATION: PASSED AND ADOPTED this 26th ATTEST: March 26, 2012 March 26, 2012 March 26, 2012 March 26, 2012 of March, 2012. rnest G. Clark, Mayor Ordinance No. 5105 Page 3 CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5105 as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 26t day of March, 2012. Witness my hand and seal of office this 26th day of March, 2012. SEAL y S•. res, CMC City Clerk Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. IOWA: ORDINANCE NO. 5105 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, A SITE PLAN AMENDMENT TO THE "R -4,R -P" PLANNED MULTIPLE RESIDENCE DISTRICT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, Section 1. That the Official Zoning Map referred to in Section 10-4-4, of Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, be amended to approve a site plan amendment to the "R -4,R -P" Planned Multiple Residence District, generally located within the area bounded by the Cedar River and Sycamore Street, and East 8th Street and the Union Pacific railroad tracks, to allow for the construction of a multi -family housing development, legally described as follows: This plat represents a survey of Parcel "R" That part of Lot Nos. 1, 4, 5, 8, & 9 in Block 1 and all of Block 22 and Vacated East 7 Street lying between Block 1 & Block 22 and Vacated Water Street generally lying Southwesterly of Block 1 & Block 22, all lying in the "Original Plat on the East side of the Cedar River, City of Waterloo", and part of the fractional land lying between the Cedar River and Block 1 & Block 22 in the "Original Plat on the East side of the Cedar River, City of Waterloo", Black Hawk County, Iowa, described as follows: Beginning at the Easterly corner of said Block 22 in the "Original Plat on the East side of the Cedar River, City of Waterloo", point being a found %z" rebar with license #8033; thence along the Southeasterly line of said Block 22 in the "Original Plat on the East side of the Cedar River, City of Waterloo", also being the Northwesterly line of East 8th Street and along the Southeasterly line of Acquisition Plat dated 11/8/2002 recorded in File #2003-00025496 in the Office of the Black Hawk County Recorder South 40°43' West a distance of 334.75 feet to a set " rebar with license #6505; thence North 48°42' West a distance of 207.8 feet to a set ' " rebar with license #6505; thence North 39°33' West a distance of 102.55 feet to a set ' " rebar with license #6505; thence North 48°55' West a distance of 82.45 feet to a set rebar with license #6505; thence North 73°54' West a distance of 104.5 feet to a set " rebar with license #6505; thence North 49°30' West a distance of 17.5 feet to Southwesterly extension of Plat of Survey dated 3/17/2006 recorded in Fee Book #2006 23029 in the Office of the Black Hawk County Recorder, point being a set W" rebar with license #6505; thence along said Southwesterly extension North 40°484' East a distance of 87.6 feet to the Southwesterly corner of said Plat of Survey recorded in Fee Book #2006 23029, also being on the Southeasterly right-of-way line of the Union Pacific Railroad, point being a found ' " rebar; Ordinance No. 5105 Page 2 thence along the Northwesterly line of said Plat of Survey recorded in Fee Book #2006 23029, also being along said Southeasterly right-of-way line of the Union Pacific Railroad North 40°483' East a distance of 271.8 feet to the Southwesterly right-of-way of Sycamore Street, point being a set 1.,f' rebar with license #6505; thence along said Southwesterly right-of-way of Sycamore Street South 49°07'07" East a distance of 124.5 feet to the Easterly corner of Lot 1 in said Block 1 of the "Original Plat on the East side of the Cedar River, City of Waterloo", also being the Northerly corner of Vacated East 7th Street, point being a found 1;1" square iron bar; thence along the Northeasterly line of said Vacated East 7th Street South 49°32' East a distance of 79.95 feet to the Northerly corner of Lot 2 in said Block 22 of the "Original Plat on the East side of the Cedar River, City of Waterloo", point being a found " rebar with license #7034; thence along the Southwesterly right-of-way line of said Sycamore Street South 49°04W East a distance of 149.7 feet to the Northerly corner of Lot 1 of said Block 22 of the "Original Plat on the East side of the Cedar River, City of Waterloo", point being a found 1/2 rebar with license #3862; thence along said Southwesterly right-of-way line of Sycamore Street South 49°06' East a distance of 149.1 feet to the point of beginning. Containing 3.82 acres. Subject to restrictions, easements, covenants, ordinances, and limited access provisions of record and not of record. Note: The Northeasterly line of Lot 1 in said Block 1 of the "Original Plat on the East side of the Cedar River, City of Waterloo" is assumed to bear South 49°07'07" East for this description. Section 2. That the City Clerk be, directed to file a certified copy of this Recorder of Black Hawk County, Iowa. INTRODUCED: PASSED 1st CONSIDERATION: PASSED 2nd CONSIDERATION: PASSED 3rd CONSIDERATION: PASSED AND ADOPTED this ATTEST: y h\res, CMC City Clerk and she is hereby Ordinance with the March 26, 2012 March 26, 2012 March 26, 2012 March 26, 2012 26th day of March, 2012. d'a41 Ernest G. Clark, Mayor Ordinance No. 5105 Page 3 CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5105 as passed and adoted by the City Council of the City of Waterloo, Iowa, on the 26t day of March, 2012. Witness my hand and seal of office this 26th day of March, 2012. SEAL Suzy ares, CMC City Clerk Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. RESOLUTION NO. 2012-256 RESOLUTION AUTHORIZING THE SALE AND CONVEYANCE OF AN ALLEY LOCATED WITHIN BLOCK 7 OF DOES ADDITION SUBJECT TO THE RETENTION OF A UTILITY EASEMENT OVER, UNDER AND UPON THE AREA TO BE VACATED, AND SUBJECT TO THE APPLICANT, KWIK TRIP, INC., CONSTRUCTING DRIVEWAYS OFF SOUTH STREET FOR 1009 SOUTH STREET AND 1017 SOUTH STREET FOR $6,000.00, PLUS COSTS, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND DELIVER DEED FOR SAME. WHEREAS, the City of Waterloo, Iowa, is the owner of real property in the City of Waterloo, Iowa, as described below, and WHEREAS, an offer to purchase said certain parcels of real property in the sum of $6,000.00, plus costs, has been made by Kwik Trip, Inc., and WHEREAS, a public hearing was held on March 26, 2012, at 5:30 p.m. in the Council Chambers in City Hall, Waterloo, Iowa, as provided by law, by the Council of the City of Waterloo, Iowa, on the proposal to sell and convey premises owned by the City of Waterloo, Iowa, to Kwik Trip, Inc., and WHEREAS, it is the opinion of this Council that sale and conveyance should be made as proposed. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS: 1. The following described real property, as fully described in the published notice in the Waterloo Courier on March 21, 2012, is not presently needed and will not be needed in the foreseeable future for municipal purposes and its ownership is serving no municipal purpose, and 2. That the offer of Kwik Trip, Inc. to purchase real property for the sum of $6,000.00, and costs, be and it is hereby accepted for real property described below: The 20 foot wide alley as platted in Block 7 of Does Addition in the City of Waterloo, Iowa lying Northwesterly of a line drawn from the Easterly most corner of Lot 10 said Block to the Southerly most corner of Lot 1 said Block, and lying Southeasterly of a line drawn from the Northerly most corner of Lot 6 said Block to the Westerly most corner of Lot 5 said Block, excluding the Southeasterly 3.63 feet thereof; subject to city's retention of a permanent utility easement over, under and upon all. 3. That the City of Waterloo, Iowa, convey said parcels of real property to Kwik Trip, Inc. by deed. 4. That the Mayor and City Clerk are hereby authorized to execute and deliver deed to Kwik Trip, Inc. 5. That the original of said deed fully executed and acknowledged is hereby approved and confirmed by the Council. Resolution No. 2012-256 Page 2 6. That the City Clerk is authorized and directed to deliver said deed of conveyance to Kwik Trip, Inc. upon receipt of the sum of $6,000.00, and costs. PASSED AND ADOPTED this 26th day of March, 2012. V•441 Ernest G. Clark, Mayor ATTEST: Suzy cares, CMC City Clerk Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. RESOLUTION NO. 2012-256 RESOLUTION AUTHORIZING THE SALE AND CONVEYANCE OF AN ALLEY LOCATED WITHIN BLOCK 7 OF DOES ADDITION SUBJECT TO THE RETENTION OF A UTILITY EASEMENT OVER, UNDER AND UPON THE AREA TO BE VACATED, AND SUBJECT TO THE APPLICANT, KWIK TRIP, INC., CONSTRUCTING DRIVEWAYS OFF SOUTH STREET FOR 1009 SOUTH STREET AND 1017 SOUTH STREET FOR $6,000.00, PLUS COSTS, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND DELIVER DEED FOR SAME. WHEREAS, the City of Waterloo, Iowa, is the owner of real property in the City of Waterloo, Iowa, as described below, and WHEREAS, an offer to purchase said certain parcels of real property in the sum of $6,000.00, plus costs, has been made by Kwik Trip, Inc., and WHEREAS, a public hearing was held on March 26, 2012, at 5:30 p.m. in the Council Chambers in City Hall, Waterloo, Iowa, as provided by law, by the Council of the City of Waterloo, Iowa, on the proposal to sell and convey premises owned by the City of Waterloo, Iowa, to Kwik Trip, Inc., and WHEREAS, it is the opinion of this Council that sale and conveyance should be made as proposed. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS: 1. The following described real property, as fully described in the published notice in the Waterloo Courier on March 21, 2012, is not presently needed and will not be needed in the foreseeable future for municipal purposes and its ownership is serving no municipal purpose, and 2. That the offer of Kwik Trip, Inc. to purchase real property for the sum of $6,000.00, and costs, be and it is hereby accepted for real property described below: The 20 foot wide alley as platted in Block 7 of Does Addition in the City of Waterloo, Iowa lying Northwesterly of a line drawn from the Easterly most corner of Lot 10 said Block to the Southerly most corner of Lot 1 said Block, and lying Southeasterly of a line drawn from the Northerly most corner of Lot 6 said Block to the Westerly most corner of Lot 5 said Block, excluding the Southeasterly 3.63 feet thereof; subject to city's retention of a permanent utility easement over, under and upon all. 3. That the City of Waterloo, Iowa, convey said parcels of real property to Kwik Trip, Inc. by deed. 4. That the Mayor and City Clerk are hereby authorized to execute and deliver deed to Kwik Trip, Inc. 5. That the original of said deed fully executed and acknowledged is hereby approved and confirmed by the Council. Resolution No. 2012-256 Page 2 6. That the City Clerk is authorized and directed to deliver said deed of conveyance to Kwik Trip, Inc. upon receipt of the sum of $6,000.00, and costs. PASSED AND ADOPTED this 26th day1•f March, 2012. &,/ Ernest G. Clark, Mayor ATTEST: uzy c ares, CMC City Clerk Aprox. area of underground vault Mobile Money Fence and Parking area to be expanded AJ� f �(� (� c JQCT \ o 0 tV\C ..i K irk [ ti G< kAy (o(,ku -2(C� C 2 6ret61,(A-ed v�y C r` / CJ ())o,id'l�c� v� e e. �s G ct ta-z, f` est 04 1 D. Eschliman, P.L.S. Iowa Lic. No. 9961, 819 Sycamore Street, Waterloo, Iowa 50703-4729 - Phone: 319--234--0509 PLAT OF SURVEY 4 R Nos .0 0v° Oil �� 6 y b" A ni\,.0 4::'''': 0 0. t 40. �I0 \c''4s •0.1 0 %lll/ ,,?�IP // /PP �.� P9 0. '/illl//�i I' 9 O 76 I-m0���j: f 0, LEGAL DESCRIPTION: ft kitiot),9D aN A SURVEY OF WEST NINTH STREET A PLATTED 80 FT. PUBLIC RIGHT OF WAY IN ORIGINAL PLAT WATERLOO WEST OF THE CEDAR RIVER, IN THE SOUTHWEST 1/4 SECTION 25, TOWNSHIP 89 NORTH, RANGE 13 WEST, CITY OF WATERLOO, BLACK HAWK COUNTY, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHWESTERLY CORNER OF LOT 5 IN SAID BLOCK 44; THENCE PARRAI FT IF WTH THE WESTERLY UNE OF SAID LOT 5, N2813'32"W, 14.50 FEET; THENCE N6704'31"E, 140.05 FEET TO THE EXTANDED WESTERLY RIGHT OF WAY UNE OF A JEHINSON STREET; THENCE S2811'38°E 14.50 FEET ALONG SAID EXTENDED UNE, TO THE NORTHEASTERLY CORNER OF SAID LOT 5; THENCE 562'04'31"W 140.05 FEET ALONG THE NORTHERLY UNE OF LOT 5 IN SAID BLOCK 44, ALSO BEING THE SOUTHERLY RIGHT OF WAY UNE OF WEST NINTH STREET, TO THE POINT OF BEGINNING, CONTAINING 2,045.2 50. FT., OR 0.047 ACRES GRAPHIC SCALE 0 40 80 1 Inch = 40 Ft. "*" DENOTES ASSUMED BEARING """ DENOTES MONUMENT FOUND "O" DENOTES MONUMENT SET 0.00' DENOTES RECORD DIMENSION THIS PLAT OR SUBDIVISION HAS BEEN REVIEWED BY CITY OF WATERLOO. (0.00') DENOTES FIELD DIMENSION CITY PLANNER OR DESIGNEE DATE 1 I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED BY ME OR UNDER MY DIRECT PERSONAL SUPERVISION AND THAT 1 AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA. DATE: KIRK D. ESCHLIMAN, P.L.S. IOWA LIC. N0. 9961 MY LICENSE RENEWAL DATE IS DECEMBER 31, 2013 PAGES OR SHEETS COVERED BY THIS SIGNATURE & SEAL SHEET 1 OF 1 44401' LA" Kirk D. *= Eschliman**i 9961 lOAA , THIS PLAT'S NOT CERTIFIED UNLESS ,AN EMBOSSED SEAL IS AFFIXED HEREON KESS & ASSOCIATES, INC. 819 SYCAMORE ST., WATERLOO, IOWA 50703-4729 PHONE: (319) 234-0509 CURRENT OWNER: MOBILE MONEY, INC. PER BLAK HAWK COUNTY RECORDER'S OFFICE: DOC. NO. 2005-011382 FOR: MOBILE MONEY, INC. 1115 BLUFF STREET WATERLOO, IOWA 50702 REQ. BY: DARYL POLLOCK WATERLOO, IOWA DATE OF FIELD WORK: MARCH 08, 2011 DWG. DATE: 02/15/12 DRAWN BY: CJP/KDE CADD FILE: 12A1 ST-W9TH.DWG PROJECT NO.: 12A14 A lea 0 '-z t C til 1`V\ i1 c C C0 ---e a i ect uao-- 0 i --e ✓ ekA Kirk D. Eschliman, P.L.S. Iowa Lic. No. 9961, 819 Sycamore Street, Waterloo, Iowa 50703-4729 01-(�(� fv - Phone: 319-234-0509 1 TR SURVEY \ PFO � o 4FR I1I.\o4P ti 1�01� , 1�o.oa �. �t1y ti 62 sA 0 L 0 Jo Abby _4t) rV\,(M9-.4tiLoikev. -7-5--t).43 \l®ES SSFtF`�S �k\\too i.'^' -10 0.\OCep3 P0�G5O\JFF p p�o\N:fN,✓ rF��y\\- (fW GNUS \g F 0 00C\• ! 1p1 „mo) 0:1 /.6 ::,5, ,y6 �oQFGcCP' 0p& .REQ�Ck 0, ®�F0Cx0�,0p01F ��l 0,41, LEGAL DESCRIPTION: A SURVEY OF WEST NINTH STREET A PLATTED 80 FT. PUBLIC RIGHT OF WAY IN ORIGINAL PLAT WATERLOO WEST OF THE CEDAR RIVER, IN THE SOUTHWEST 1/4 SECTION 25, TOWNSHIP 89 NORTH, RANGE 13 WEST, CITY OF WATERLOO, BLACK HAWK COUNTY, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHWESTERLY CORNER OF LOT 6 IN SAID BLOCK 44; THENCE PARRALELLE WITH THE WESTERLY LINE OF SAID LOT 5, N28°13'37"W, 14.50 FEET; THENCE N62'04'31"E, 140.01 FEET TO THE EXTANDED WESTERLY RIGHT OF WAY LINE OF A PLATTED 20 FT. PUBLIC ALLEY; THENCE S28'13'32"E 14.50 FEET ALONG SAID EXTENDED LINE, TO THE NORTHEASTERLY CORNER OF SAID LOT 6; THENCE S62'04'31"W 140.01 FEET ALONG THE NORTHERLY LINE OF LOT 6 IN SAID BLOCK 44, ALSO BEING THE SOUTHERLY RIGHT OF WAY LINE OF WEST NINTH STREET, TO THE POINT OF BEGINNING, CONTAINING 2,030.0 SQ. FT., OR 0.046 ACRES "*" DENOTES ASSUMED BEARING THIS PLAT OR SUBDIVISION HAS BEEN 40 80 "0" DENOTES MONUMENT FOUND REVIEWED BY CITY OF WATERLOO. "b" DENOTES MONUMENT SET 0.00' DENOTES RECORD DIMENSION (0.00') DENOTES FIELD DIMENSION GRAPHIC SCALE 1 Inch = 40 Ft. CITY PLANNER OR DESIGNEE DATE I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED BY ME OR UNDER MY DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA. DATE: KIRK D. ESCHLIMAN, P.L.S. IOWA LIC. NO. 9961 MY LICENSE RENEWAL DATE IS DECEMBER 31, 2013 PAGES OR SHEETS COVERED BY THIS SIGNATURE & SEAL: SHEET 1 OF 1 LAND g 44.701 r Kirk D. °na *Eschliman* 9961 [1-(1-1] SS & ASSOC IA ]Fi S, INC. 819 SYCAMORE ST., WATERLOO, IOWA 50703-4729 PHONE: (319) 234-0509 CURRENT OWNER: MOBILE MONEY, INC. PER BLAK HAWK COUNTY RECORDER'S OFFICE: DOC. NO. 2005-011382 FOR: MOBILE MONEY, INC. 1115 BLUFF STREET WATERLOO, IOWA 50702 REQ. BY: DARYL POLLOCK WATERLOO, IOWA DATE OF FIELD WORK: MARCH 08, 2011 DWG. DATE: 02/15/12 DRAWN BY: CJP/KDE CADD FILE: 12A14BS1-W911-LDWG PROJECT NO.: 12A14� kie6- VJ-e_ kA6Uka,g- kc(A a ccd-e i C(0 Ix; t a (ow) -e(4 c -e c i-11( of4--e./(c/c.3) 0J1 L b -e �a5 2 Uv e-- o e,/ ;/ ek/14 , _ Gi v o Kirk D. Eschlimon, P.L.S. Iowa Lic. No. 9961, 819 Sycamore Street, Waterloo, lowa 50703-4729 - Phone: 319-234-0509 PLAT OF SUVEY� O. rcp (P. ;26 (P << y0 • y 0. 1T rD "eAk Ge co -71 T / o ',Qi .0 -'s• t I\ ..$ L s N r* bsk \ QQ ck ^ `1 Q. A ���PP .0,0'4' t,,fl' 6151 ��)l��V`�' Ly ...---EC / \>'' 1 60. PP 6ae t BEGINNING AT THE NORTHWESTERLY CORNER OF LOT 5 IN SAID BLOCK 44; THENCE PARRALELLE WITH THE WESTERLY LINE OF SAID LOT 5, N28'13'32"W, 14.50 FEET; THENCE N62'04'31"E, 140.05 FEET TO THE EXTANDED WESTERLY RIGHT OF WAY LINE OF A JEFFERSON STREET; THENCE S28'11'38"E 14.50 FEET ALONG SAID EXTENDED LINE, TO THE NORTHEASTERLY CORNER OF SAID LOT 5; THENCE 562'04'31"W 140.05 FEET ALONG THE NORTHERLY LINE OF LOT 5 IN SAID BLOCK 44, ALSO BEING THE SOUTHERLY RIGHT OF WAY LINE OF WEST NINTH STREET, TO THE POINT OF BEGINNING, CONTAINING 2,045.2 SQ. FT., OR 0.047 ACRES Re • C d (}(1d CA - A19 -6r{ /3)01014D 0, a ti os 9y A LEGAL DESCRIPTION: CI A SURVEY OF WEST NINTH STREET A PLATTED 80 FT. PUBLIC RIGHT OF WAY IN ORIGINAL PLAT WATERLOO WEST OF THE CEDAR RIVER, IN THE SOUTHWEST 1/4 SECTION 25, TOWNSHIP 89 NORTH, RANGE 13 WEST, CITY OF WATERLOO, BLACK HAWK COUNTY, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS; 1/4 GRAPHIC SCALE 0 40 80 1 Inch = 40 Ft. "*" DENOTES ASSUMED BEARING """ DENOTES MONUMENT FOUND "0" DENOTES MONUMENT SET 0.00' DENOTES RECORD DIMENSION (0.00') DENOTES FIELD DIMENSION THIS PLAT OR SUBDIVISION HAS BEEN REVIEWED BY CITY OF WATERLOO. CITY PLANNER OR DESIGNEE DATE r HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED BY ME OR UNDER MY DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA. DATE: KIRK D. ESCHLIMAN, P.L.S. IOWA LIC. NO. 9961 MY LICENSE RENEWAL DATE IS DECEMBER 31, 2013 PAGES OR SHEETS COVERED BY 11HI5 SIGNATURE & SEAL: SHEET 1 OF 1 ,'O4;oLND.�j'�', ..'a t Kirk D. �:'j0 *= Eschliman=* 9961 '"'''",,!,°!1.1:',,,,"'''''' CURRENT OWNER: MOBILE MONEY, INC. PER BLAK HAWK COUNTY RECORDER'S OFFICE: DOC. NO. 2005-011382 FOR: MOBILE MONEY, INC. 1115 BLUFF STREET WATERLOO, IOWA 50702 REQ. BY: DARYL POLLOCK WATERLOO, IOWA J KESS & ASSOCIATES, INC. 819 SYCAMORE ST., WATERLOO, IOWA 50703-4729 PHONE: (319) 234-0509 DATE OF FIELD WORK: MARCH 08, 2011 DWG. DATE: 02/15/12 DRAWN BY: CJP/KDE CADD FILE: 12A14BS1-W91H.DWG PROJECT NO.: 12A14 Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN M. HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT Al -Large CITY OF WATERLOOS IOWA CITY ATTORNEY'S OFFICE 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4327 Fax (319) 291-4571 JAMES E. WALSH, JR., City Attorney • DAVID R ZELLHOEFER, Assistant City Attorney March 27, 2012 Mayor Buck Clark and City Council City Hall Waterloo, IA 50703 Dear Mayor Clark and Council Members: I have examined the bonds filed with the City Clerk/Auditor's Office up to the close of business on March 27, 2012. Of the J,3 bonds submitted, /5 were approved and Q rejected, as shown on the attached list. Very truly yours, Da rd R. Zellhoefer Assistant City Attorney DRZ:sda CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affimtative Action Employer RIGHT OF WAY CONSTRUCTION -IA 537881 --IA 566225 --BD 7900550868 .-IA 568783 -_IA 580355 BD 0000054805 --IA 580718 ---IA 596146 69173956 --IA 580415 -.IA 597492 IA570219 BD 0000433682 BONDS FOR COUNCIL APPROVAL MARCH 26, 2012 BOND (EXPIRES 4/30/13) ALFRED SCHOTT B & B BUILDERS & SUPPLY CHRISTONE, INC. DENNY'S CONCRETE INC. & IOWA WALL SAWING DENNY'S CONCRETE INC DBA IOWA WALL SAWING HUFF CONTRACTING, INC. JESUP LAND IMPROVEMENT CO & HEARTLAND EXCAVATING MATTHEW MCROBERTS DBA MCROBERTS CONSTRUCTION MELI, LLC OPERATION THRESHOLD INC PM SYSTEMS CORPORATION DBA PATE ASPHALT SAMMY DANIELS DBA DANIELS HOME IMPROVEMENT & CONSTRUCTION TOM GIBERSON DBA TOTAL MASONRY AMOUNT: $5,000.00 LAPORTE CITY, IA WATERLOO, IA WATERLOO, IA INDEPENDENCE, IA INDEPENDENCE, IA WATERLOO, IA JESUP, IA CEDAR FALLS, IA WATERLOO, IA WATERLOO, IA MARION, IA WATERLOO, IA CEDAR FALLS, IA CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: March 13, 2012 Mayor Prepared: March 6, 2012 BUCK Dept. Head Signature: CLARK # of Attachments: COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 Itv2 y 0k-skviD NO. S( ° I cs-6-ham No . ?oca--A55 SUBJECT: Resolution setting date of hearing as March 26, 2012 to approve request of Mobile Money Inc. to vacate, sell and convey an approximate 14.5 foot by 300 foot portion of West 9th Street located between Jefferson Street and Bluff Street, with the portion located between Bluff Street and the alley located in Block 44 of the Original Plat of Waterloo West to be conveyed to Mobile Money Inc. for $750.48 and the portion located between the alley located in Block 44 of the Original Plat of Waterloo West and Jefferson Street to be retained by the City of Waterloo, subject to a condition that Mobile Money Inc. remove the sidewalk located within the area to be vacated and subject to any necessary utility easements; and instruct City Clerk to publish notice. Submitted by: Noel Anderson, Community Planning and Development Director Recommended City Council Action: That the City Council set a date of public hearing and publish an official notice pertinent to the request to vacate, sell and convey, and have the Mayor and City Clerk execute the same. w(7e0- Summary Statement: Staff feels that the request to vacate the 14.5' x 300' portion of city of right- of-way would not appear to be a negative impact. The applicant intends to build a small addition and wants to expand their outdoors storage area. There is a 6' x10' vault that was discovered in the area to be vacated. Staff is in contact with Mid -American Energy to determine whether an easement will need to be retained for the vault or can it be abandoned. BOB The entire portion of right-of-way along the east side of 9th Street between Bluff and Jefferson GREENWOODStreets will be vacated, with only a 14.5' x 140' portion of abutting the applicants existing property At -Large to be conveyed to them. The remainder from the alley to Jefferson Street will be retained by the city for potential redevelopment with adjacent vacant lot. STEVE SCHMITT At -Large At the March 6, Planning and Zoning Commission meeting, the request to vacate was unanimously approved by the commission with staff recommendations. Expenditure Required: N/A Source of Funds: N/A Policy Issue: Un -needed excess right-of-way Alternative: N/A Background Information: N/A cc: Noel Anderson, Community Planning & Development Director CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer REQUEST: APPLICANT(S): GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: BUFFERS REQUIRED/ NEEDED: DRAINAGE: DEVELOPMENT HISTORY: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, Vacate -Alley -Mobile Money Page 1 of 3 March 6, 2012 Request by Mobile Money to vacate a 14.5' x 300' portion of W 9th Street right-of-way between Bluff Street Jefferson Street for the purposes of adding additional land for outside storage. Mobile Money, 1115 Bluff Street, Waterloo, Iowa, 50702 Request to vacate the 14.5' x 300' SF portion of city right-of- way bounded by Bluff Jefferson Streets for the purpose of expanding there outside storage area and a small addition. The request to vacate the 14.5' x 300' portion of city right-of- way and sidewalk would not appear to have a negative impact on the surrounding neighborhood The request to vacate the 14.5' x 300' portion of right-of-way would not appear to have a negative impact on vehicular or pedestrian traffic as there is excessive right-of-way, and a sidewalk will not need to be maintained or the other side of W 9th Street. There is the Cedar River Loop bike trail that runs along the levee approximately 2 blocks to the north. There is the bike trail that runs along Highway 218 just to the South of Bluff Street and the Railroad tracks. The site has been zoned "M-1" Light Industrial District since adoption of Zoning Ordinance No. 2479 in 1969. The request may require buffering or screening requirements due to be being located in the Highway 218 Corridor Overlay District Screening requirements if any will be determined by the Highway 218 Design Review Board. The proposed vacate of the City right-of-way would not have an adverse impact on drainage in the area. The area consists primarily of industrial uses. This area is not located within a special flood hazard area according to the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map. There are no schools located near the site in question. No utilities are known to be within the are requested to be vacated. An underground Valult was found with ind the area to STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: Vacate -Alley -Mobile Money Page 2 of 3 March 6, 2012 be vacated, but it is not known who constructed the vault. There no utilities located within the vault, however, a utility easement may need to be retained if it is determined that the vault is used by a utility company. The Future Land Use Map designates the area as Industrial, and this request would be in compliance with such designation. The site is located within the Primary Growth Area as designated on the Growth Area Map within the Comprehensive Plan. Staff feels that the request to vacate the 14.5' x 300' portion of city of right-of-way would not appear to be a negative impact. The applicant intends to build a small addition and wants to expand their outdoors storage area. The entire portion of 9th Street between Bluff Street and Jefferson Street will be vacated, with only the portion of abutting the applicants existing property to be conveyed to them. The remainder will be retained by the city for potential redevelopment with adjacent vacant lot. There would be no platting required in relation to the request. Therefore, staff recommends the request to vacate portion of right-of-way along W. 9th Street between Bluff street and Jefferson Street be approved for the following reasons: 1. The request to vacate would not appear to have a negative impact on the surrounding area 2. The request to vacate would not appear to have a negative impact on vehicular or pedestrian traffic in the area. 3. The request to vacate is in accordance with the Comprehensive Plan and Future Land Use Map for this area 4. The request would appear to meet the requirements of the Zoning Ordinance. 5. The request to vacate will allow an existing business to continue its operations in an efficient manner in the City of Waterloo. Subject to: 1. That an easement is retained over the existing vault if deemed necessary. Request to Vacate a portion of W 9th Street right-of-way between Jefferson Street and Bluff Street for the purpose of adding additional land to the applicants property March 19, 2012 The Council of the City of Waterloo, Iowa, met in Regular Session at City Hall Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, March 19, 2012. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart. Moment of Silence. Pledge of Allegiance: Dan Trelka, Director of Safety Services. 137619 - Hart/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, March 19, 2012, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 137620 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, March 12, 2012, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. Mike Messina, MidAmerican Energy, presented a check in the amount of $20,000.00 from MidAmerican Energy for the Trees Please! Program. Mr. Messina announced the "Plant Some Shade" program will be held on May 4, 2012 at Leisure Services and five types of trees will be available for $30.00 each. The Basketball Character Counts Coach of the Year awards were given to: Kelly Martin, Toney Graves, Riley Ubben and Ben Brustkern and Player of the Year to Karissa Bottema and Shannon Jones Jr. CONSENT AGENDA 137621 - Hart/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 Schedule AP642, pp. 1-86, dated March 19, 2012, in the amount of $2,511,042.23, 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. 2012-236. b. Motion to approve the following: 1. 2. 3. 4. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to exceed Aric Schroeder, City Planner 2012 Cedar Valley Coalition Washington, D.C. February 26-29, 2012 $2,375.09 Suzy Schares, City Clerk; Cheryl Huddleston, Human Resources Manager; Nikki Fischels, Clerk II Payroll 2012 Iowa Employment Training & Benefits Conference Altoona, Iowa April 25-26, 2012 $686.49 Michelle Weidner, Chief Financial Officer Economic Development Financing Update Live Audio Conference March 27, 2012 $200.00 Paul Huting, Leisure Services Director; Todd Derifield, City Forester Iowa Park and Recreation Spring Conference Waterloo, Iowa April 1- 4, 2012 $450.00 March 19, 2012 5. 6. 7. 8. 9. 10. Page 2 Chris Dolan, Arena Manager; Joel Schares, Assistant Arena Manager; Jake Schaefer, Recreation Specialist Iowa Park and Recreation Spring Conference Waterloo, Iowa April 3, 2012 $330.00 Mark Gallagher, Sports Manager; Alex Hildman, Recreation Specialist Iowa Park and Recreation Spring Conference Waterloo, Iowa April 1- 4, 2012 $450.00 Bob Etringer, Sports Programmer Iowa Park and Recreation Spring Conference Waterloo, Iowa April 1- 4, 2012 $255.00 JB Bolger, Golf Manager Iowa Park and Recreation Spring Conference Waterloo, Iowa April 1- 4, 2012 $225.00 Matthew Chesmore, Rehabilitation/Rel ocation Specialist Healthy Homes Practitioners Course Moravia, Iowa May 13- 16, 2012 $1,075.00 Steven Sturtz, Permit Writer Permit Technician Exam Des Moines, Iowa April 17, 2012 $180.00 Class C Liquor License Permit Application 11.Tokyo Japenese Steakhouse, Inc., 126 E. Ridgeway Avenue (Renewal) (Expires 2/13/13) (Includes Sunday Sales) Roll call vote -Ayes: Seven. Motion carried. RESOLUTIONS 137622 - Schmitt/Hart that "Resolution approving Transportation Enhancement Agreement with Iowa Department of Transportation for construction of the Lou Henry Hoover Memorial Sculpture Garden covering 80% of total cost of eligible items up to a maximum of $145,000.00 -Submitted by Eric Thorson, PE, City Engineer", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-237. 137623 - Schmitt/Hart that "Resolution approving Supplemental Agreement No. 1 with JDE Engineering in an amount not to exceed $1,900.00 for professional services for F.Y. 2012 Geraldine Road - Phase II, Contract No. 821 (RM -8155(727)-9D-07); and authorize Mayor to execute said document -Submitted by Jeff Bales, Associate Engineer", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-238. 137624 - Schmitt/Hart that "Resolution approving Contract, Bonds and Certificate of Insurance with Croell and Subsidiary of New Hampton, Iowa in the amount of $3,128,212.67 for F.Y. 2012 West Shaulis Road/Ansborough Avenue, Contract No. 784; and authorize Mayor and City Clerk to execute said documents -Submitted by Eric Thorson, PE, City Engineer", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-239. 137625 - Cole/Hart that "Resolution approving Amendment Number 1 to Grant Agreement with Federal Aviation Administration for the Rehabilitation of Runway 12/30 at the Waterloo Regional Airport by removing Runway Friction Equipment (FME) verbage from the grant due to equipment not being purchased; and authorize Mayor and City Clerk to execute said documents- Submitted by Bradley Hagen, Airport Director", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-240. March 19, 2012 137626 - Cole/Hart that "Resolution approving recommendation of award of contract to Aspro, Inc. of Waterloo, Iowa in the amount of $89,075.00 for the 2012 Highland Park Basketball & Tennis Court Project -Submitted by Rick Curran, Leisure Services Facilities Manager", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-241. Page 3 137627 - Cole/Hart that "Resolution approving recommendation of award of contract to B & B Builders & Supply of Waterloo, Iowa in the amount of $51,956.00 for the 2012 Sullivan Park Shelter Project -Submitted by Rick Curran, Leisure Services Facilities Manager", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-242. 137628 - Hart/Welper that "Resolution approving recommendation of award of contract to The Louis Berger Group, Inc. of Marion, Iowa in the amount of $56,248.00 for Downtown Historic Survey Services in connection with Public Assistance (PA) Demolition Activities of the Hazard Mitigation Grant Program (HMGP) Property Acquisition Project -Submitted by Aric Schroeder, City Planner", be adopted. Roll call vote - Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-243. 137629 - Hart/Welper that "Resolution approving an agreement in the acceptance of a Black Hawk County Gaming Association Grant in the amount of $55,000.00 to be used in funding marketing at the Public Market, with a cash match of $11,605.00; and authorize Mayor to execute said document -Submitted by Mark Rice, Public Works Director", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-244. 137630 - Hart/Welper that "Resolution approving Memorandum of Understanding with Iowa Northland Regional Council of Governments (INRCOG) and the Black Hawk County Board of Supervisors in an in-kind match amount of $3,913.50 for grant writing services for development of a Multi -Jurisdictional Hazard Mitigation Plan for the County and participating City entities; and authorize Mayor and City Clerk to execute said document -Submitted by Aric Schroeder, City Planner", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-245. 137631 - Hart/Welper that "Resolution setting date of hearing as April 9, 2012 to approve request of Croell Readi Mix Inc. for a site plan amendment to the "M -2,P" Planned Industrial District for property generally located at 4802 Sergeant Road for the purpose of constructing a temporary redi-mix batch plant on the property for a period of 24 months; and instruct City Clerk to publish notice -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-246. OTHER COUNCIL BUSINESS 137632 - Hart/Welper to instruct Superintendent of Waste Management Services to prepare plans, specifications, form of contract, etc. in conjunction with UV Disinfection Project, Contract No. 817, be approved. Voice vote -Ayes: Seven. Motion carried. 137633 - Hart/Welper that plans, specifications, form of contract, etc. in conjunction with UV Disinfection Project, Contract No. 817, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. March 19, 2012 137634 - Hart/Welper Page 4 that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with UV Disinfection Project, Contract No. 817", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-247. 137635 - Hart/Welper that "Resolution setting date of hearing and bid opening as April 23, 2012 and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. in conjunction with UV Disinfection Project, Contract No. 817", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-248. 137636 - Hart/Welper to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2012 Street Reconstruction Program, Contract No. 819, be approved. Voice vote -Ayes: Seven. Motion carried. 137637 - Hart/Welper that plans, specifications, form of contract, etc. in conjunction with F.Y. 2012 Street Reconstruction Program, Contract No. 819, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 137638 - Hart/Welper that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with F.Y. 2012 Street Reconstruction Program, Contract No. 819", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-249. 137639 - Hart/Welper that "Resolution setting date of hearing and bid opening as April 2, 2012 and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. in conjunction with F.Y. 2012 Street Reconstruction Program, Contract No. 819", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-250. ORAL PRESENTATIONS None 137640 - Getty/Hart that the council adjourn to Executive Session at 5:46 p.m. Roll call vote -Ayes: Seven. Motion carried. City Attorney Jim Walsh stated that discussion of acquisition of property is an approved topic of Executive Session pursuant to Iowa Code Section 21.5 (1) (j) (2011) . 137641 - Hart/Welper EXECUTIVE SESSION that the council adjourn Executive Session at 6:08 p.m. Voice vote -Ayes: Seven. Motion carried. Hart/Welper Ayes: Seven. ADJOURNMENT 137642 - Hart/Welper that the Council adjourn at 6:08 p.m. Voice vote -Ayes: Seven. Motion carried. Suzy Schares City Clerk Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director March 21, 2012 Honorable Mayor Buck Clark City Council Members City Hall Waterloo, Iowa 50703 Dear Mayor and Council: Ceu-vvt-c( /6f10,1). Attached please find a formal application for tax exemptions on improvements made to the property located at 622-628 Ansborough Ave. Waterloo, Iowa 50701. Paul Wonderly has submitted the application for the following improvement(s): 10,000 sq ft addition to existing building. The sum costs of these improvements are expected to reach $475,000. These improvements qualify for exemptions from taxes on the actual value added to Commercial property under the Consolidated Urban Revitalization Area Plan. The applicant has selected the one hundred percent exemption schedule. The property address is identified below: ADDRESS 622-628 Ansborough Ave., Waterloo, Iowa 50701 LEGAL DESCRIPTION See Attached The Planning, Programming, and Zoning staff has reviewed this application and feels that it does conform to the CURA Plan. We would therefore recommend approval of this application. Sincerely, C Christopher W. Western Planner II Attachment(s) cc: Noel Anderson, Community Planning & Development Director CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Print3utput Page 1 of 1 Black Hawk County Parcel Map ParcelID: ,8913-21-429-057 beed Holder: BDI WATERLOO LP Parcel Address: 22-628 ANSBOROUGH AV, WATERLOO, IA 50701 . t $ Mfr. 1*.a AL y¢ -43*' �.. - t1-�e �l`�"� ''. fir. TiA 1� I ice, :ill i'• s I lit* !—!lark !iiii' 4 S�[.T�. ' �4F4 '�j 4 M CD —__ 7i' ms Lseee__; `s , .�_ I STRATIFORD AVE _,• ���` Foakns �� halvahs! parcaldim___ .. ,�. _ ■Q kmgml Aerial Photosairport_• -li ..... Black Hawk a. 7' - i. Parts_ ; _ .. parka Railroads -S j• I CO _ { tee' � .�. t +A. WC r Y Ri !rte CI gym ge X 01) Townships_ _ .L i•• Sealaas ,, Plea - 0 Pamela �w {GI S , � ` 3- sM z 1..3, •'� 4, f ❑ Township 4 L M : >. y •/''_ I tee. `leo-+ `# - _"ef railsosk_dist • ' MIMI_-- fila .; r s _ w• x .P-.r'"-4- iY' • i FFFL t ! ii(i .ice-'S io. s 3 i r Mail created will AtdMMS - Copyright /C1 1992-2301 CSRi Mc. - ' ' ''• 'O a .Y FT, �." - }. Black ck Hawk County, Iowa ,316 East 5th Street Waterloo, Iowa 50703-4774 ,Phone: (319) 833-3002 IFax: (319) 833-3070 IE -mail: auditorna.co.black-hawk.ia.us.orq Map Disclaimer: This map does not represent a survey. No liability is assumed for the ccuracy of the data delineated herein, either expressed or implied by Black Hawk County, he Black Hawk County Assessor or their employees. This map is compiled from official ecords, including plats, surveys, recorded deeds, and contracts, and only contains nformation required for local govemment purposes. See the recorded documents for more etailed legal information. http://www2.co.black-hawk. ia.us/servlet/com.esri.esrimap.Esrimap?ServiceName=bhov&... 3/21/2012 URBAN REVITALIZATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR IMPROVEMENTS UNDER THE PROVISIONS OF THE URBAN REVITALIZATIONPLANS ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The Consolidated Urban Revitalization Area (CUBA) allows property tax exemptions on improvements to property located within its boundaries that meet the following criteria; I. At least a 10% improvement to the value of the residential property. At least a 15% improvement to the value of commercial property if a building was previously on the site. It commercial property was previously vacant, all actual value added by the improvements is eligible for tax exemption. 2. Be located within the CURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning & Development Department.) 3. This application must be filed with your assessor according to the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2 (as attached.) However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has bee granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to -; Ci ouncil, NAME: RC� 0.4 SIGNATURE: ADDRESS: `$c'Xl�r�1�• TELEPHONE; DATE: A. What is the Address of your property?C\t s\-3, c o h lik, What is the Le:;af iption of yo t fr property? (Available at Gount}t Assessor's Office on rd floor of the Courthouse)? B. Indic to desired exemption schedule: (1 ort) 1. One Hundred Percent (100%) exemption for three years on the actual value added by improvements; 2, A partial exemption on the actual value added by improvements according to the following schedule: a. First Year 80% b. Second Year 70% c. Third Year ------60% d. Fourth Year -----50% g. Seventh Year ------30% e. Fifth Year -------40% h. Eighth Year 30% E Sixth Year --------40% i. Ninth Year 20% i; Tenth Year 20% C. Wh t was the nature of the improvement(s)7 D. City of Waterloo Building and Inspections Department Information`' Permit Number: ;ACYA.0*-2C1 Date permit was issued: (- i5" N` Total permit(s) valuation: 415(53Z.C2 E. What was the cost of the improvement? LV ') F. Estimated or actual date of completion of these improvements? -1`"1k` G, If this is not a singe -family dwellin unit, which you own and reside in, will these improvements create a displacement of you tenants? Yes __ No CITY OF WATERLOO APPROVED DENIED DATED; RESOLUTION NO: LBLACK HAWK COUNTY ASSESSOR APPROVED DATED: Tami McFarland DENIED Black Hawk County Assessor Note: The improvements to your home or business may not change the assessed value. Note: City Council approval does not guarantee tax exemptions. The application must he reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. (Pages 3 of 3) Addendum 1. An undivided 50% interest in the following described real estate: Lots 1 thru 5 inclusive in Block 1 in Nelson Addition to Waterloo, Iowa. AND The South 100 feet of the West 134 feet of the East 174 feet of the North 30 acres of the Northeast Quarter of the Southeast Quarter of Section 21, Township 89 North, Range 13 West of the Fifth Principal Meridian, Waterloo, Iowa. AND That part of the Northeast Quarter of the Southeast Quarter of Section 21, Township 89 North, Range 13 West of the 5th Principal Meridian, in the City of Waterloo, Black Hawk County, Iowa, lying within the following described boundaries: Commencing at a point on the West line of the Railroad Right of Way which is 234 feet West of a point 200 feet South of the South line of Stratford Avenue, said point being also the Northeast Corner of Lot 4 in Block 1 in Nelson Addition to Waterloo, in Black Hawk County, Iowa; thence South along the West line of said Right of Way a distance of 132.59 feet to the Southeast Corner of Lot 3 in Block 1 in Nelson Addition to Waterloo, in Black Hawk County, Iowa; thence East a distance of 42 feet 4 inches; thence North along a line which is parallel with the West line of said Right of Way a distance 132.65 feet to a point which is 200 feet South of the South line of Stratford Avenue; thence West to the point of beginning. AND A parcel of land located in the East Half of the Southeast Quarter of Section 21, Township 89 North, Range 13 West of the 5th Principal Meridian, Waterloo, Black Hawk County, Iowa, more particularly described as follows: From the point where the South line of 60 foot wide Stratford Avenue intersects the East line of the Southeast Quarter of said Section 21, run Westerly along the South line of Stratford Avenue, 174 feet to the point of beginning; thence Southerly parallel to the East line of said Southeast Quarter, 432.8 feet, more of less, to a point, said point being 990 feet, more or less, South of the North line of said Southeast Quarter and being the Southeast corner of the real estate acquired by the Waterloo, Cedar Falls and Northern Railway Company in 69 LD 474; thence Westerly parallel to the South line of said Southeast Quarter, 60 feet; thence Northerly parallel to the East line of said Southeast Quarter, 100 feet; thence Easterly parallel to the South line of said Southeast Quarter, 42.33 feet; thence Northerly parallel to the East line of said Southeast Quarter, 332.8 feet, more or less, to said South line of Stratford Avenue; thence Easterly along said South line of Stratford Avenue, 17.67 feet to the point of beginning, except the North 200 feet thereof. Book , Paae , File Number 2009-00002411 TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. STAFF ONLY LINE ITEM USED ^/E ////6-6 FY ,BUDGETED 5 p(pC(. ®O EXPENDED YTD 75(14'. 041 THIS REQUEST /6VCA.UC► LEFT AFTER THIS _ REQUEST //'5 4 7/ DATE '777W 3-4/2 Original - Clerk/Finance Copy - Department NAME(S) AND POSITION(S): Jeremy Rehl-Mason City PD. Dean Anderson -Clear Lake Police DATE: March 5, 2012 NAME OF CLASS / MEETING: LEIN Criminal Intelligence Course DESTINATION: Johnston, Iowa DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: April 2, 2012 RETURN DATE: April 13, 2012 DATE(S) OF MEETING: April2-13, 2012 PURPOSE OF TRAVEL: To attend the 2012 LEIN Criminal Intelligence Course in Johnston, Iowa. This course will provide instruction related to intelligence process, surveillance techniques, photography, legal issues and a week long practical exercise. This course is funded and reimbursable through the LETPP Homeland Security Grant. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: YES NO COST $ METHOD OF TRAVEL: CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE OF COST: Included in registration LODGING TAXI MEALS PARKING $1600.00 REGISTRATION AIRFARE MILEAGE/FUEL MISC/TOLLS TOTAL FOR ALL: $ 1600.00 010 11 1150 LEIN BUDGET LINE ITEM: 11 GRT LEN5(,, X YES NO YES NO GRANT REIMBURSABLE REQUIRED CERTIFICATION TOTAL: $ PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO I APPROVE THIS TRAVEL REQUEST DEPARTMENT HEAD MAYOR DATE DATE TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. LINE ITEM USED FY BUDGETED EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST DATE Original - Clerk/Finance STAFF ONLY civ 11 /fT0 6-644Q —3C6c/ /5 3/4.93 A R3/ 3 /3&6 . 71 »x.v 3-5'-,2 ,2 Copy - Department NAME(S) AND POSITION(S): Captain Tim Pillack, Sgt. Feaker, Joe Saunders — Investigator, Todd Wilson, Inv. Nick Berry, Officer Chris Roberts, Ryan Bellis-Cedar Falls Police DATE: March 5, 2012 NAME OF CLASS / MEETING: Multi -State Conference DESTINATION: Dubuque, Iowa DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: May 2, 2012 RETURN DATE: May 4, 2012 DATE(S) OF MEETING: May 2-4, 2012 PURPOSE OF TRAVEL: To attend the 2012 Multi -State Conference sponsored by the U.S Attorney's Offices Iowa, Illinois, Wisconsin and Minnesota in Dubuque, Iowa. Topics included in the training in White Supremacist Threats and Rights, Threat Assessment and Management Training, Arabic Culture & Islam, Domestic Crisis Intervention, Drug Endangered Children and many more. The conference has been approved by Iowa Homeland Security and will be funded with the LETPP Grant. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: YES NO COST $ METHOD OF TRAVEL: CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE OF COST: $1207.36 LODGING $224.00 LEIN $448.00 W'loo MEALS $700.00 REGISTRATION $100.00 MILEAGE/FUEL $2231.36 TOTAL FOR ALL: $ LEIN TAXI PARKING AIRFARE M ISC/TOLLS 448.00 Waterloo PD 010 11 1150 LEIN BUDGET LINE ITEM: 11 GRT LENS X GRANT REIMBURSABLE YES NO YES NO TOTAL: $ PER PERSON REQUIRED CERTIFICATION I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO DEPARTMENT HEAD Dan Trelka, Director t • I APPROVE THIS TRAVEL REQUEST AYOR 3'9U,c-- DATE DATE TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. LINE ITEM USED FY _2012_ BUDGETED EXPENDED YTD THIS REQUEST LEFT AFTER THIS STAFF ONLY 010-11-1100-1346 & 010-11-1150-1346 11GRT LEN6 vl =- . t7Ov 20;01 a(0,0 / 1/ 9- 16,3/ L/6 NAME(S) AND POSITION(S): Sergeant Greg Fangman, Officer Ed Savage, Thomas Frein, Chris Roberts, Ryan Muhlenbruch, Nate Watson, Nick Sadd, Zach Ladage(CFPD), & Dana Jeager (UNI DPS) NAME OF CLASS / MEETING: Midwest Gang Investigators Association Conference DATE: REQUEST DATE '27k) .g- /2;10/02 Original - Clerk/Finance Copy - Department March 9, 2.012 DESTINATION: Wisconsin Dells, Wisconsin DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: May 20, 2012 Return Date: May 23,2012 DATE(S) OF MEETING: May 20-23,2012 PURPOSE OF TRAVEL: Lt Frana is requesting authorization to send Sgt. Fangman,Officers Savage,Frein, Roberts, Muhlenbruch,Watson, & Sadd to the MGIA Conference on May 20 -2312th, 2012, at Wisconsin Dells. This 4 -Day Conference will present information about all types of gangs from outlaw motorcycle gangs to Hispanic and intercity street gangs. It will also present information about the sovereign citizen movement. The conference will provide Officers with Information on how to investigate and deal with the gang problems that plague or communities. The Lein Grant will pay the cost of registration and lodging. The cost of meals and fuel will be paid out the training budget. City vehicles will be needed for travel to the training facility. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST $ YES NO METHOD OF TRAVEL: XX CITY VEHICLE AIRFARE DEPARTING FROM: PRIVATE VEHICLE ESTIMATE OF COST: $1800.00 LODGING TAXI $1106.00 (WPD) MEALS $2200.00 REGISTRATION $250.00 (WPD) MILEAGE/FUEL TOTAL FOR ALL: $ 5356.00 PARKING AIRFARE MISC/TOLLS BUDGET LINE ITEM: x GRANT REIMBURSABLE YES NO x REQUIRED CERTIFICATION YES NO TOTAL: $ 595.11 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO I APPROVE THIS TRAVEL REQUEST DEPARTMENT HEAD MAYOR DATE DATE i WO" TRAVEL REQUEST CITY OF WATERLOO r1NAN(.t Utr 1 . LINE ITEM USED FY _2012_ BUDGETED EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST DATE Original - Clerk/Finance 5 I Arr VNLY 010-11-1100-1346 ?370521 /b;U 2,'x-, / 2 - Copy - Department NAME(S) AND POSITION(S): Officer's Jarid Hundley, Kyle Jurgensen, & Troy Wilson DATE: March 9, 2012 NAME OF CLASS / MEETING: Advanced Vehicle Contraband and Concealment DESTINATION: Johnston, Iowa DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: April 5, 2012 Return Date: April 6, 2012 DATE(S) OF MEETING: April 5-6,2012 PURPOSE OF TRAVEL: Lt Campbell is requesting authorization to send Officer's Jarid Hundley, Kyle Jurgensen, and Troy Wilson to the Advanced Vehicle Contraband and Concealment course on April 5-6, 2012, in Johnston, Iowa. This 2- day course will teach the Officers an over-all perspective of contraband and concealment as well as the ethics required when conducting a vehicle search. This course is put on through the Midwest Counter drug Training Center. The registration is free and MCTC will pay for the lodging. The only cost to the city will be meals for the officers and transportation cost. A city vehicle will be needed for travel to the training facility. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: COST $ YES NO METHOD OF TRAVEL: XX CITY VEHICLE AIRFARE DEPARTING FROM: PRIVATE VEHICLE ESTIMATE OF COST: $ 0.00 LODGING $180.00 MEALS $0.00 REGISTRATION $0.00 MILEAGE/FUEL TOTAL FOR ALL: $ 180.00 TAXI PARKING AIRFARE MISC/TOLLS BUDGET LINE ITEM: x GRANT REIMBURSABLE YES NO x REQUIRED CERTIFICATION YES NO TOTAL: $ 60.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO DEPARTMENT HEAD l f) t 'Z I APPROVE THIS TRAVEL REQUEST la/ MAYOR ,5IALe DATE DATE TRAVEL REQUEST CITY OF WATERLOO NAME(S) AND POSITION(S): Pat Treloar, Fire Chief DATE: FINANCE DEPT. LINE ITEM USED BUDGETED EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST DATE iyinul CkI k/rmun�c STAFF ONLY %C1 /2- l Ud meg, 4,wo.00 (96 q7 /1swo cruI 111C41 March 12, 2012 NAME OF CLASS / MEETING: Professional Development Seminar DESTINATION: Ames, Iowa DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: 041012 RETURN DATE: 041112 DATE(S) OF MEETING: 04/10/12 to 04/11/12 PURPOSE OF TRAVEL: Attend Iowa Association of Professional Chiefs Spring Conference. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST $ YES NO METHOD OF TRAVEL: CITY VEHICLE AIRFARE PRIVATE VEHICLE DEPARTING FROM: Waterloo, Iowa ESTIMATE OF COST: $90.00 LODGING $25.00 MEALS $60.00 REGISTRATION MILEAGE/FUEL TOTAL FOR ALL: $ $175.00 TAXI PARKING AIRFARE MISC/TOLLS BUDGET LINE ITEM: x GRANT REIMBURSABLE YES NO x REQUIRED CERTIFICATION YES NO TOTAL: $ PER PERSON I BELIEV A S NECE CI OF WAT IS TRIP SERVES A PUBLIC PURPOSE BENEFICIAL IO THE DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 I APPROVE THIS TRAVEL REQUEST MAYOR 313‘L63013 DATE TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. LINE ITEM USED FY _2012_ BUDGETED EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST DATE Original - Clerk/Finance STAFF ONLY 010-11-1100-1346 aa7 �$Ss�r 6 7&, Copy - Department NAME(S) AND POSITION(S): Officer's Brad Walter & Dave Bovy DATE: March 19, 2012 NAME OF CLASS / MEETING: Police Motorcycle Training DESTINATION: Moline, Illinois DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: April 14, 2012 Return Date: April 16, 2012 DATE(S) OF MEETING: April 15-16,2012 PURPOSE OF TRAVEL: Captain Leibold is requesting authorization to send Officer's Brad Walter and Dave Bovy to the Motorcycle Training Course at the Moline, Illinois Police Department on April 15-16, 2012, in Moline, Illinois. Officers Walter and Bovy are assigned to the Motorcycle Unit. This 2 -day course will refresh the Officers in the basic operation techniques as well as the advanced maneuvers they will encounter riding the motorcycles. The cost of registration is free but will require that the Officers travel to the Moline area. The Cost will include Fuel, lodging and meals. The officers will ride the motorcycles to the training but may have to trailer the motorcycles to the training in event of bad weather. A city vehicle will be needed for travel to the training facility. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST $ YES NO METHOD OF TRAVEL: XX CITY VEHICLE AIRFARE DEPARTING FROM: PRIVATE VEHICLE ESTIMATE OF COST: $ 250.00 LODGING $226.00 MEALS $0.00 REGISTRATION $200.00 MILEAGE/FUEL TOTAL FOR ALL: $ 676.00 TAXI PARKING AIRFARE M ISC/TOLLS BUDGET LINE ITEM: x GRANT REIMBURSABLE YES NO x REQUIRED CERTIFICATION YES NO TOTAL: $ 338.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO DEPARTMENT HE D (Cl- I APPROVE THIS TRAVEL REQUEST 4" AYOR%C.e DATE DATE CITY OF WATERLOO Council Communication City Council Meeting: March 26, 2012 Prepared: March 19, 2012 Dept. Head Signature: Eric Thorson, City Engineer # of Attachments: SUBJECT: APPOINTMENT OF BENJAMIN WAGNER TO DRAFTSPERSON POSITION Submitted by: Eric Thorson, P.E., City Engineer Recommended City Council Action: Approve the appointment of Benjamin Wagner to the position of Draftsperson, effective March 27, 2012. Summary Statement: This appointment is being made from the Certified Civil Service List. Expenditure Required Draftsperson salary and benefits Source of Funds Road Use Tax Policy Issue N/A Alternative N/A Background Information: N/A Cc: Cheryl Huddleston, Human Resources Manager CITY OF WATERLOO PAYMENT VOUCHER PV# 23 Finance Dept. Only Date: 3/19/2012 Vendor No. 9177 CLERK: LAURA WOLFF Vendor Name: SCHMITT TELECOM PARTNERS, INC. Name/Address: Address: P.O. BOX 2213 City: WATERLOO State: IA Zip Code: 50704 Reference Purchase Order *********************************** Batch Niimber' Department: WASTE MANAGEMENT SERVICES/\,(—'' INVOICE DATE Invoice No Qty/Unit Amount Description GL Distribution 3/14/2012 44357W Special Instructions: Total $342.50 $342.50 / 4 -'ice,-_ fitted By March 16, 2012 3/19/2012 remodel reception area phone service 520-14-5200-1555 [,C 3jaai,a Approved By Date An Equal Opportunity / Affirmative Action Employer CITY OF WATERLOO PAYMENT VOUCHER Vendor No.9177 Vendor Name: Schmitt Telecom Partners, Inc. Address: 722 Waterloo Street, Suite 400 City & State: Waterloo, IA 50703 Reference Purchase Order # Invoice' Date 031412 Invoice No. 44436W 031412 44381W Special Instructions: / Finance Dept. Only Batch Number: Keyed By: : Waterloo Fire Rescue Grant/Project Code # ***************************** Qty/Unit Amount 9,5=.00 117.50 Total: $212.50 Description G/L Distribution Move phone jack 010-12-1400-1344 voicemail fixed Date Approved By D EG*611-,), Date An Equal Opportunity/Affirmative Action Employer City of Waterloo Financial DATE 3/26/12 TIME 15:26:47 FINANCIAL MANAGEMENT OPEN INVOICE REPORT PAGE 41 AP0642 CTYO1 VENDOR INVOICE 4 INVOICE DESCRIPTION INV DATE DUE DATE GIL DATE INV NET AMT --------- ITEM* P.O. 4 CONTRAT * DESCRIP,TION __......._____ • - GUANTITY U/M AMT/UNIT TOTAL AMT WORK ORDER 1 SVC CALL -MIXER EXH HALL BAD REWIRED 1.0000 EA 481.50 421.50 invoice 010 22 6960 1322 22FAC 5SUL FACILITIES PRO5 GULL CTR MICE FCT: 1.0000 AMT: 491.50 INVOICE ITEMS 1 13610 CHAMSERLIN, LCIS M. • XXX1200003529 RELOC EXP, 11 NIGHT'S, 1-2 PEOPLE 3/15/2012 3)26/2012 3./26/2012 .1,000.00 ITEM# P. 0. 4 . OGNTRACT 4 DESCRIPTION QUANTITY U/M AMT/UNIT TOTAL. AMT WORK ORDER 1 RELOC EXP, 11 NIGHTS, 1-2 PEOPLE 1.0000 EA 1000.00 1000.00 Invoice 224 32 5253 1327 SOLED RELO LEAD GRANT Relocation a:4p PCT: 1.0000 AMT: 1,000.00 TOTAL INVOICE ITEMS 1.3611 TERRY-DURIN COMPANY 271362 ELEC CODE CLASS - SHEPARD/MOVER ...._3,/01/2012 3/26/2012 3/26/2012 140.00 ITEM* P. O. 4 CONTRACT 4 DESCRIPTION GUANTITY U/M AMT/UNIT TOTAL AMT WORK ORDER 1 ELEC 000E CLASS - SHEPARD 1.0000 70.00 70.00 Invoice 010 22 2200 1344... PC7: 1.0000. AMT: 70.00 2 •ELEC CODE CLASS - i,;JoyER 1.0000 70.00 . : •• 70.00 Invoice . 010 22 5100 1346 PCT: •1:0000 ANT: • 70.00. TOTAL INVOICE ITEMS 13611 TERRY-DURIN COMPANY 271660 ELEC CODE CLASS - YOUNGBLOOD 3/12/2012 3/26/2012 3/26/2012 70.00 ITEM* P.O. 4 CONTRACT DESCRIPTION GUANTITY U/M AMT/UNIT TOTAL AMT WORK ORDER 1 ELEC.; CODE CLASS - YOUNGBLOOD 1.0000 EA 70.00 70.00 InvoIce 010 22 5100 1346 POT: 1. 0000 AMT: 70. 00 TOTAL INVOICE ITEMS 13612 ALL AMERICAN SPORTS CORP94439999 ITEM* P.O. 4 CONTRACT 4 DESCRIPTION 1 SOFTBALLS Invoice TOTAL INVOICE 1 13613 TIMMERMAN, ITEM* P.O. e 1 Invoice TOTAL INVOICE TOTAL INVOICES TOTAL INVOICES . SOFTBALLS 3/09/2012 3/26/2012 3/26/2012 310.00 QUANTITY U/M AMT/UNIT TOTAL ANT WORK ORDER 1. 0000 EA 310. 00 310. 00 1. 0000 AMT: 310. 00 MARCH 26, 2012 Friday's AP640 Report Total + Adj for data entry errors, canceled/added PVs, Etc : AECOM 763,919.75 (100.00) 3,360.00 Monday's AP640 Report Total 767,179.75 WORK COMP CLAIMS HOUSING AUTHORITY HOUSING AUTHORITY US BANK - SERVICE CHARGES WELLS FARGO BANK - SVC CHG PAYROLL DIRECT DEP. REGIONS BANK - ANALYSIS FEE REGIONS BANK - CREDIT CARD FEES 3/23/2012 GROSS PAYROLL 11,191.13 824.40 349,102.40 635.14 35.00 116.68 736.49 1,399,241.33 Bill Payment Total 2,529,062.32 e 6,124.527tel 0/ 3/26/2012 200:00 r • TOTAL AMT WORK ORDER ) 200. 00 1. 0000 AMT: 200. 00 767,179.75 767,179.75 Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. ORDINANCE NO. 5106 AN ORDINANCE VACATING AN ALLEY LOCATED WITHIN BLOCK 7 OF DOES ADDITION SUBJECT TO THE RETENTION OF A UTILITY EASEMENT OVER, UNDER AND UPON THE AREA TO BE VACATED, AND SUBJECT TO THE APPLICANT, KWIK TRIP, INC., CONSTRUCTING DRIVEWAYS OFF SOUTH STREET FOR 1009 SOUTH STREET AND 1017 SOUTH STREET, IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, as follows: The 20 foot wide alley as platted in Block 7 of Does Addition in the City of Waterloo, Iowa lying Northwesterly of a line drawn from the Easterly most corner of Lot 10 said Block to the Southerly most corner of Lot 1 said Block, and lying Southeasterly of a line drawn from the Northerly most corner of Lot 6 said Block to the Westerly most corner of Lot 5 said Block, excluding the Southeasterly 3.63 feet thereof; subject to city's retention of a permanent utility easement over, under and upon all; shall be, and the same is hereby vacated. INTRODUCED: PASSED 1st CONSIDERATION: PASSED 2nd CONSIDERATION: PASSED 3rd CONSIDERATION: March 26, 2012 March 26, 2012 March 26, 2012 March 26, 2012 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 26th day of March, 2012, and approved by the Mayor on the 26th day of March, 2012. ATTEST: Q� Suzy S City C h\res, CMC erk n`st G. Clark, Mayor CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5106, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 26th day of March, 2012. Witness my hand and seal of office this 26th day of March, 2012. SEAL Suzy ares, CMC City Clerk Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. ORDINANCE NO. 5106 AN ORDINANCE VACATING AN ALLEY LOCATED WITHIN BLOCK 7 OF DOES ADDITION SUBJECT TO THE RETENTION OF A UTILITY EASEMENT OVER, UNDER AND UPON THE AREA TO BE VACATED, AND SUBJECT TO THE APPLICANT, KWIK TRIP, INC., CONSTRUCTING DRIVEWAYS OFF SOUTH STREET FOR 1009 SOUTH STREET AND 1017 SOUTH STREET, IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, as follows: The 20 foot wide alley as platted in Block 7 of Does Addition in the City of Waterloo, Iowa lying Northwesterly of a line drawn from the Easterly most corner of Lot 10 said Block to the Southerly most corner of Lot 1 said Block, and lying Southeasterly of a line drawn from the Northerly most corner of Lot 6 said Block to the Westerly most corner of Lot 5 said Block, excluding the Southeasterly 3.63 feet thereof; subject to city's retention of a permanent utility easement over, under and upon all; shall be, and the same is hereby vacated. INTRODUCED: PASSED 1St CONSIDERATION: PASSED 2nd CONSIDERATION: PASSED 3rd CONSIDERATION: March 26, 2012 March 26, 2012 March 26, 2012 March 26, 2012 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 26th day of March, 2012, and approved by the Mayor on the 26th day of March, 2012. ATTEST: Ern`st G. Clark, Mayor Suzy S res, CMC City Clerk CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5106, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 26th day of March, 2012. Witness my hand and seal of office this 26th day of March, 2012. IDALLAO SEAL Suzy S h res, CMC City Clerk Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. ORDINANCE NO. 5107 AN ORDINANCE VACATING, AS REQUESTED BY DOLLY JAMES, LLC, ANY AND ALL EASEMENTS LOCATED WITHIN THE AREA BOUNDED BY THE CEDAR RIVER AND SYCAMORE STREET, AND EAST 8TH STREET AND THE UNION PACIFIC RAILROAD, IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, as follows: That part of Lot Nos. 1, 4, 5, 8, & 9 in Block 1 and all of Block 22 and Vacated East 7 Street lying between Block 1 & Block 22 and Vacated Water Street generally lying Southwesterly of Block 1 & Block 22, all lying in the "Original Plat on the East side of the Cedar River, City of Waterloo", and part of the fractional land lying between the Cedar River and Block 1 & Block 22 in the "Original Plat on the East side of the Cedar River, City of Waterloo", Black Hawk County, Iowa, described as follows: Beginning at the Easterly corner of said Block 22 in the "Original Plat on the East side of the Cedar River, City of Waterloo", point being a found " rebar with license #8033; thence along the Southeasterly line of said Block 22 in the "Original Plat on the East side of the Cedar River, City of Waterloo", also being the Northwesterly line of East 8th Street and along the Southeasterly line of Acquisition Plat dated 11/8/2002 recorded in File #2003-00025496 in the Office of the Black Hawk County Recorder South 40°43' West a distance of 334.75 feet to a set " rebar with license #6505; thence North 48°42' West a distance of 207.8 feet to a set " rebar with license #6505; thence North 39°33' West a distance of 102.55 feet to a set " rebar with license #6505; thence North 48°55' West a distance of 82.45 feet to a set ;" rebar with license #6505; thence North 73°54' West a distance of 104.5 feet to a set ;e rebar with license #6505; thence North 49°30' West a distance of 17.5 feet to Southwesterly extension of Plat of Survey dated 3/17/2006 recorded in Fee Book #2006 23029 in the Office of the Black Hawk County Recorder, point being a set l" rebar with license #6505; thence along said Southwesterly extension North 40°484' East a distance of 87.6 feet to the Southwesterly corner of said Plat of Survey recorded in Fee Book #2006 23029, also being on the Southeasterly right-of-way line of the Union Pacific Railroad, point being a found" rebar; thence along the Northwesterly line of said Plat of Survey recorded in Fee Book #2006 23029, also being along said Southeasterly right-of-way line of the Union Pacific Railroad North 40°484' East a distance of 271.8 feet to the Southwesterly right-of-way of Sycamore Street, point being a set ;e rebar with license #6505; Ordinance No. 5107 Page 2 thence along said Southwesterly right-of-way of Sycamore Street South 49°07'07" East a distance of 124.5 feet to the Easterly corner of Lot 1 in said Block 1 of the "Original Plat on the East side of the Cedar River, City of Waterloo", also being the Northerly corner of Vacated East 7th Street, point being a found 1k" square iron bar; thence along the Northeasterly line of said Vacated East 7th Street South 49°32' East a distance of 79.95 feet to the Northerly corner of Lot 2 in said Block 22 of the "Original Plat on the East side of the Cedar River, City of Waterloo", point being a found ;" rebar with license #7034; thence along the Southwesterly right-of-way line of said Sycamore Street South 49°0414' East a distance of 149.7 feet to the Northerly corner of Lot 1 of said Block 22 of the "Original Plat on the East side of the Cedar River, City of Waterloo", point being a found 1/2 rebar with license #3862; thence along said Southwesterly right-of-way line of Sycamore Street South 49°06' East a distance of 149.1 feet to the point of beginning. Containing 3.82 acres. Subject to restrictions, ordinances, and limited access not of record. easements, covenants, provisions of record and Note: The Northeasterly line of Lot 1 in said Block 1 of the "Original Plat on the East side of the Cedar River, City of Waterloo" is assumed to bear South 49°07'07" East for this description; shall be, and the same is hereby vacated. INTRODUCED: PASSED 1st CONSIDERATION: PASSED 2nd CONSIDERATION: PASSED 3rd CONSIDERATION: March 26, 2012 March 26, 2012 March 26, 2012 March 26, 2012 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 26th day of March, 2012, and approved by the Mayor on the 26th day of March, 20 2 Ern ATTEST: City Clerk st G. Clark, Mayor Ordinance No. 5107 Page 3 CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5107, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 26th day of March, 2012. Witness my hand and seal of office this 26th day of March, 2012. SEAL Suzy S Yfares, CMC City Clerk Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. ORDINANCE NO. 5107 AN ORDINANCE VACATING, AS REQUESTED BY DOLLY JAMES, LLC, ANY AND ALL EASEMENTS LOCATED WITHIN THE AREA BOUNDED BY THE CEDAR RIVER AND SYCAMORE STREET, AND EAST 8TH STREET AND THE UNION PACIFIC RAILROAD, IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, as follows: That part of Lot Nos. 1, 4, 5, 8, & 9 in Block 1 and all of Block 22 and Vacated East 7 Street lying between Block 1 & Block 22 and Vacated Water Street generally lying Southwesterly of Block 1 & Block 22, all lying in the `Original Plat on the East side of the Cedar River, City of Waterloo", and part of the fractional land lying between the Cedar River and Block 1 & Block 22 in the "Original Plat on the East side of the Cedar River, City of Waterloo", Black Hawk County, Iowa, described as follows: Beginning at the Easterly corner of said Block 22 in the "Original Plat on the East side of the Cedar River, City of Waterloo", point being a found " rebar with license #8033; thence along the Southeasterly line of said Block 22 in the "Original Plat on the East side of the Cedar River, City of Waterloo", also being the Northwesterly line of East 8th Street and along the Southeasterly line of Acquisition Plat dated 11/8/2002 recorded in File #2003-00025496 in the Office of the Black Hawk County Recorder South 40°43' West a distance of 334.75 feet to a set " rebar with license #6505; thence North 48°42' West a distance of 207.8 feet to a set %z" rebar with license #6505; thence North 39°33' West a distance of 102.55 feet to a set ;" rebar with license #6505; thence North 48°55' West a distance of 82.45 feet to a set '-e rebar with license #6505; thence North 73°54' West a distance of 104.5 feet to a set ;" rebar with license #6505; thence North 49°30' West a distance of 17.5 feet to Southwesterly extension of Plat of Survey dated 3/17/2006 recorded in Fee Book #2006 23029 in the Office of the Black Hawk County Recorder, point being a set " rebar with license #6505; thence along said Southwesterly extension North 40°48' East a distance of 87.6 feet to the Southwesterly corner of said Plat of Survey recorded in Fee Book #2006 23029, also being on the Southeasterly right-of-way line of the Union Pacific Railroad, point being a found ;e rebar; thence along the Northwesterly line of said Plat of Survey recorded in Fee Book #2006 23029, also being along said Southeasterly right-of-way line of the Union Pacific Railroad North 40°483' East a distance of 271.8 feet to the Southwesterly right-of-way of Sycamore Street, point being a set le rebar with license #6505; Ordinance No. 5107 Page 2 thence along said Southwesterly right-of-way of Sycamore Street South 49°07'07" East a distance of 124.5 feet to the Easterly corner of Lot 1 in said Block 1 of the "Original Plat on the East side of the Cedar River, City of Waterloo", also being the Northerly corner of Vacated East 7th Street, point being a found 1I" square iron bar; thence along the Northeasterly line of said Vacated East 7th Street South 49°32' East a distance of 79.95 feet to the Northerly corner of Lot 2 in said Block 22 of the "Original Plat on the East side of the Cedar River, City of Waterloo", point being a found rebar with license #7034; thence along the Southwesterly right-of-way line of said Sycamore Street South 49°0411' East a distance of 149.7 feet to the Northerly corner of Lot 1 of said Block 22 of the "Original Plat on the East side of the Cedar River, City of Waterloo", point being a found 1/2 rebar with license #3862; thence along said Southwesterly right-of-way line of Sycamore Street South 49°06' East a distance of 149.1 feet to the point of beginning. Containing 3.82 acres. Subject to restrictions, ordinances, and limited access not of record. easements, covenants, provisions of record and Note: The Northeasterly line of Lot 1 in said Block 1 of the "Original Plat on the East side of the Cedar River, City of Waterloo" is assumed to bear South 49°07'07" East for this description; shall be, and the same is hereby vacated. INTRODUCED: PASSED 1st CONSIDERATION: PASSED 2nd CONSIDERATION: PASSED 3rd CONSIDERATION: March 26, 2012 March 26, 2012 March 26, 2012 March 26, 2012 PASSED AND ADOPTED by the City Council Waterloo, Iowa, on the 26th day of March, 2012, the Mayor on the 26th day of March, 012. of the City of and approved by rnest ATTEST: Suzy S aes, CMC City Clerk . Clark, Mayor Ordinance No. 5107 Page 3 CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5107, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 26th day of March, 2012. Witness my hand and seal of office this 26th day of March, 2012. SEAL uzy S. a City Cler es, CMC Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. ORDINANCE NO. 5108 AN ORDINANCE AMENDING THE 2007 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY REPEALING SUBSECTION (B), SNOW AND ICE REMOVAL, OF SECTION 7-1-2, PROHIBITED ACTS AND CONDITIONS, OF CHAPTER 1, STREETS, SIDEWALKS AND PUBLIC WAYS, OF TITLE 7, PUBLIC WAYS & PROPERTY; AND ENACTING IN LIEU THEREOF A NEW SUBSECTION (B), SNOW AND ICE REMOVAL, OF SECTION 7-1-2, PROHIBITED ACTS AND CONDITIONS, OF CHAPTER 1, STREETS, SIDEWALKS AND PUBLIC WAYS, OF TITLE 7, PUBLIC WAYS & PROPERTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: That Subsection (B), Snow And Ice Removal, of Section 7-1- 2, Prohibited Acts And Conditions, of Chapter 1, Streets, Sidewalks And Public Ways, of Title 7, Public Ways & Property, of the 2007 Code of Ordinances of the City of Waterloo, Iowa, is hereby repealed in its entirety; that a new Subsection (B), Snow And Ice Removal, of Section 7-1-2, Prohibited Acts And Conditions, of Chapter 1, Streets, Sidewalks And Public Ways, of Title 7, Public Ways & Property, of the 2007 Code of Ordinances of the City of Waterloo, Iowa, is hereby enacted in lieu thereof as follows: 7-1-2: PROHIBITED ACTS AND CONDITIONS: B. Snow And Ice Removal: 1. Transfer Of Snow And Ice From Private Property: No person shall transfer or cause to be transferred any snow or ice from private property onto public property in the city. 2. Removal From Sidewalks: It shall be the responsibility of the abutting property owner(s) to remove accumulations of two inches or more of snow and ice from the sidewalks. a. Within twenty-four (24) hours in downtown, business districts, or a three (3) block radius of schools and hospital areas. b. Within forty-eight (48) hours in residential neighborhoods. c. If another snow event occurs, the timeframe will not be reset. Ordinance No. 5108 Page 2 3. In the event that snow or ice cannot be reasonably removed, the owner will put on the sidewalk sand or other abrasive material in such an amount and manner to make foot traffic reasonably safe. The owner will maintain that condition until the weather permits the removal of the snow or ice. INTRODUCED: PASSED 1st CONSIDERATION: PASSED 2nd CONSIDERATION: PASSED 3rd CONSIDERATION: March 26, 2012 March 26, 2012 March 26, 2012 March 26, 2012 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 26th day of March, 2012, and approved by the Mayor on the 26th day of March, 2012. ATTEST: LC Suzy Sc 4es, CMC City Clerk Ernest G. Clark, Mayor CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5108 as passed and adopted by the Council of the City of Waterloo, Iowa, on the 26th day of March, 2012. 2012. Witness my hand and seal of office this 26th day of March, SEAL Suzy Sch.;res, CMC City Clerk Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. ORDINANCE NO. 5108 AN ORDINANCE AMENDING THE 2007 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY REPEALING SUBSECTION (B), SNOW AND ICE REMOVAL, OF SECTION 7-1-2, PROHIBITED ACTS AND CONDITIONS, OF CHAPTER 1, STREETS, SIDEWALKS AND PUBLIC WAYS, OF TITLE 7, PUBLIC WAYS & PROPERTY; AND ENACTING IN LIEU THEREOF A NEW SUBSECTION (B), SNOW AND ICE REMOVAL, OF SECTION 7-1-2, PROHIBITED ACTS AND CONDITIONS, OF CHAPTER 1, STREETS, SIDEWALKS AND PUBLIC WAYS, OF TITLE 7, PUBLIC WAYS & PROPERTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: That Subsection (B), Snow And Ice Removal, of Section 7-1- 2, Prohibited Acts And Conditions, of Chapter 1, Streets, Sidewalks And Public Ways, of Title 7, Public Ways & Property, of the 2007 Code of Ordinances of the City of Waterloo, Iowa, is hereby repealed in its entirety; that a new Subsection (B), Snow And Ice Removal, of Section 7-1-2, Prohibited Acts And Conditions, of Chapter 1, Streets, Sidewalks And Public Ways, of Title 7, Public Ways & Property, of the 2007 Code of Ordinances of the City of Waterloo, Iowa, is hereby enacted in lieu thereof as follows: 7-1-2: PROHIBITED ACTS AND CONDITIONS: B. Snow And Ice Removal: 1. Transfer Of Snow And Ice From Private Property: No person shall transfer or cause to be transferred any snow or ice from private property onto public property in the city. 2. Removal From Sidewalks: It shall be the responsibility of the abutting property owner(s) to remove accumulations of two inches or more of snow and ice from the sidewalks. a. Within twenty-four (24) hours in downtown, business districts, or a three (3) block radius of schools and hospital areas. b. Within forty-eight (48) hours in residential neighborhoods. c. If another snow event occurs, the timeframe will not be reset. t Ordinance No. 5108 Page 2 3. In the event that snow or ice cannot be reasonably removed, the owner will put on the sidewalk sand or other abrasive material in such an amount and manner to make foot traffic reasonably safe. The owner will maintain that condition until the weather permits the removal of the snow or ice. INTRODUCED: PASSED 1st CONSIDERATION: PASSED 2nd CONSIDERATION: PASSED 3rd CONSIDERATION: March 26, 2012 March 26, 2012 March 26, 2012 March 26, 2012 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 26th day of March, 2012, and approved by the Mayor on the 26th day of March, 2012. ATTEST: Suzy ch res, CMC City Clerk 1.,611a)/ Ernest G. Clark, Mayor CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5108 as passed and adopted by the Council of the City of Waterloo, Iowa, on the 26th day of March, 2012. 2012. Witness my hand and seal of office this 26th day of March, A C"r-.e."- ' SEAL Suzy SdJh4res, CMC City Clerk 4 Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. ORDINANCE NO. 5108 AN ORDINANCE AMENDING THE 2007 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY REPEALING SUBSECTION (B), SNOW AND ICE REMOVAL, OF SECTION 7-1-2, PROHIBITED ACTS AND CONDITIONS, OF CHAPTER 1, STREETS, SIDEWALKS AND PUBLIC WAYS, OF TITLE 7, PUBLIC WAYS & PROPERTY; AND ENACTING IN LIEU THEREOF A NEW SUBSECTION (B), SNOW AND ICE REMOVAL, OF SECTION 7-1-2, PROHIBITED ACTS AND CONDITIONS, OF CHAPTER 1, STREETS, SIDEWALKS AND PUBLIC WAYS, OF TITLE 7, PUBLIC WAYS & PROPERTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: That Subsection (B), Snow And Ice Removal, of Section 7-1- 2, Prohibited Acts And Conditions, of Chapter 1, Streets, Sidewalks And Public Ways, of Title 7, Public Ways & Property, of the 2007 Code of Ordinances of the City of Waterloo, Iowa, is hereby repealed in its entirety; that a new Subsection (B), Snow And Ice Removal, of Section 7-1-2, Prohibited Acts And Conditions, of Chapter 1, Streets, Sidewalks And Public Ways, of Title 7, Public Ways & Property, of the 2007 Code of Ordinances of the City of Waterloo, Iowa, is hereby enacted in lieu thereof as follows: 7-1-2: PROHIBITED ACTS AND CONDITIONS: B. Snow And Ice Removal: 1. Transfer Of Snow And Ice From Private Property: No person shall transfer or cause to be transferred any snow or ice from private property onto public property in the city. 2. Removal From Sidewalks: It shall be the responsibility of the abutting property owner(s) to remove accumulations of two inches or more of snow and ice from the sidewalks. a. Within twenty-four (24) hours in downtown, business districts, or a three (3) block radius of schools and hospital areas. b. Within forty-eight (48) hours in residential neighborhoods. c. If another snow event occurs, the timeframe will not be reset. 4 Ordinance No. 5108 Page 2 3. In the event that snow or ice cannot be reasonably removed, the owner will put on the sidewalk sand or other abrasive material in such an amount and manner to make foot traffic reasonably safe. The owner will maintain that condition until the weather permits the removal of the snow or ice. INTRODUCED: PASSED 1st CONSIDERATION: PASSED 2nd CONSIDERATION: PASSED 3rd CONSIDERATION: March 26, 2012 March 26, 2012 March 26, 2012 March 26, 2012 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 26th day of March, 2012, and approved by the Mayor on the 26th day of March, 2012. ATTEST: Suzy `' h. res, CMC City Clerk nest G. Clark, Mayor CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5108 as passed and adopted by the Council of the City of Waterloo, Iowa, on the 26th day of March, 2012. 2012. SEAL Witness my hand and seal of office this 26th day of March, 1 Suzy Sgia es, CMC City Clerk Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. RESOLUTION NO. 2012-252 RESOLUTION APPROVING APPLICATION WITH PAUL WONDERLY FOR TAX EXEMPTIONS ON IMPROVEMENTS TOTALING $475,000.00 FOR PROPERTY LOCATED AT 622-628 ANSBOROUGH AVENUE IN THE CONSOLIDATED URBAN REVITALIZATION AREA PLAN, IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. WHEREAS, Paul Wonderly has submitted an application dated March 12, 2012 to the City Council of the City of Waterloo, Iowa, requesting to receive tax exemptions on improvements totaling $475,000.00 for property located at 622-628 Ansborough Avenue, more fully described as follows: An undivided 50o interest in the following described real estate: Lots 1 thru 5 inclusive in Block 1 in Nelson Addition to Waterloo, Iowa. AND The South 100 feet of the West 134 feet of the East 174 feet of the North 30 acres of the Northeast Quarter of the Southeast Quarter of Section 21, Township 89 North, Range 13 West of the Fifth Principal Meridian, Waterloo, Iowa. AND That part of the Northeast Quarter of the Southeast Quarter of Section 21, Township 89 North, Range 13 West of the 5th Principal Meridian, in the City of Waterloo, Black Hawk County, Iowa, lying within the following described boundaries: Commencing at a point on the West line of the Railroad Right of Way which is 234 feet West of a point 200 feet South of the South line of Stratford Avenue, said point being also the Northeast Corner of Lot 4 in Block 1 in Nelson Addition to Waterloo, in Black Hawk County, Iowa; thence South along the West line of said Right of Way a distance of 132.59 feet to the Southeast Corner of Lot 3 in Block 1 in Nelson Addition to Waterloo, in Black Hawk County, Iowa; thence East a distance of 42 feet 4 inches; thence North along a line which is parallel with the West line of said Right of Way a distance 132.65 feet to a point which is 200 feet South of the South line of Stratford Avenue; thence West to the point of beginning. AND A parcel of land located in the East Half of the Southeast Quarter of Section 21, Township 89 North, Range 13 West of the 5th Principal Meridian, Waterloo, Black Hawk County, Iowa, more particularly described as follows: From the point where the South line of 60 foot wide Stratford Avenue intersects the East line of the Southeast Quarter of said Section 21, run Westerly along the South line of Stratford Avenue, 174 feet to the point of beginning; thence Southerly parallel to the East line of said Southeast Quarter, 432.8 feet, more or less, to a point, said point being 990 feet, more or less, South of the North line of said Southeast Resolution No. 2012-252 Page 2 Quarter and being the Southeast corner of the real estate acquired by the Waterloo, Cedar Falls and Northern Railway Company in 69 LD 474; thence Westerly parallel to the South line of said Southeast Quarter, 60 feet; thence Northerly parallel to the East line of said Southeast Quarter, 100 feet; thence Easterly parallel to the South line of said Southeast Quarter, 42.33 feet; thence Northerly parallel to the East line of said Southeast Quarter, 332.8 feet, more or less, to said South line of Stratford Avenue; thence Easterly along said South line of Stratford Avenue, 17.67 feet to the point of beginning, except the North 200 feet thereof, in the City of Waterloo, Black Hawk County, Iowa; and, WHEREAS, said property is located within the designated Consolidated Urban Revitalization Area in Waterloo, Iowa, as previously established by the City Council of the City of Waterloo, Iowa, and, WHEREAS, the improvement project respecting said property is in conformance with the Consolidated Urban Revitalization Plan as officially adopted by the City Council for the City of Waterloo, Iowa, and WHEREAS, the improvements on said property were made during the time in which such improvements are eligible for the tax exemption as set forth in the Consolidated Urban Revitalization Plan as adopted by the City Council of the City of Waterloo, Iowa, and as set forth in the Urban Revitalization Act as adopted by the Legislature of the State of Iowa and signed by the Governor of the State of Iowa, and WHEREAS, said applicant is requesting the following three- year exemption schedule: For the first year For the second year For the third year 100% 100% 100% NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that said application is hereby approved and the City Clerk is hereby authorized and directed to forward said application and a copy of this resolution to the Assessor by March 1, 2013. PASSED AND ADOPTED this 26th da of March, 2012. Ernest G. Clark, ATTEST: Suzy S ., res; CMC City C erk Mayor s Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. RESOLUTION NO. 2012-252 RESOLUTION APPROVING APPLICATION WITH PAUL WONDERLY FOR TAX EXEMPTIONS ON IMPROVEMENTS TOTALING $475,000.00 FOR PROPERTY LOCATED AT 622-628 ANSBOROUGH AVENUE IN THE CONSOLIDATED URBAN REVITALIZATION AREA PLAN, IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. WHEREAS, Paul Wonderly has submitted an application dated March 12, 2012 to the City Council of the City of Waterloo, Iowa, requesting to receive tax exemptions on improvements totaling $475,000.00 for property located at 622-628 Ansborough Avenue, more fully described as follows: An undivided 50o interest in the following described real estate: Lots 1 thru 5 inclusive in Block 1 in Nelson Addition to Waterloo, Iowa. AND The South 100 feet of the West 134 feet of the East 174 feet of the North 30 acres of the Northeast Quarter of the Southeast Quarter of Section 21, Township 89 North, Range 13 West of the Fifth Principal Meridian, Waterloo, Iowa. AND That part of the Northeast Quarter of the Southeast Quarter of Section 21, Township 89 North, Range 13 West of the 5th Principal Meridian, in the City of Waterloo, Black Hawk County, Iowa, lying within the following described boundaries: Commencing at a point on the West line of the Railroad Right of Way which is 234 feet West of a point 200 feet South of the South line of Stratford Avenue, said point being also the Northeast Corner of Lot 4 in Block 1 in Nelson Addition to Waterloo, in Black Hawk County, Iowa; thence South along the West line of said Right of Way a distance of 132.59 feet to the Southeast Corner of Lot 3 in Block 1 in Nelson Addition to Waterloo, in Black Hawk County, Iowa; thence East a distance of 42 feet 4 inches; thence North along a line which is parallel with the West line of said Right of Way a distance 132.65 feet to a point which is 200 feet South of the South line of Stratford Avenue; thence West to the point of beginning. AND A parcel of land located in the East Half of the Southeast Quarter of Section 21, Township 89 North, Range 13 West of the 5th Principal Meridian, Waterloo, Black Hawk County, Iowa, more particularly described as follows: From the point where the South line of 60 foot wide Stratford Avenue intersects the East line of the Southeast Quarter of said Section 21, run Westerly along the South line of Stratford Avenue, 174 feet to the point of beginning; thence Southerly parallel to the East line of said Southeast Quarter, 432.8 feet, more or less, to a point, said point being 990 feet, more or less, South of the North line of said Southeast Resolution No. 2012-252 Page 2 Quarter and being the Southeast corner of the real estate acquired by the Waterloo, Cedar Falls and Northern Railway Company in 69 LD 474; thence Westerly parallel to the South line of said Southeast Quarter, 60 feet; thence Northerly parallel to the East line of said Southeast Quarter, 100 feet; thence Easterly parallel to the South line of said Southeast Quarter, 42.33 feet; thence Northerly parallel to the East line of said Southeast Quarter, 332.8 feet, more or less, to said South line of Stratford Avenue; thence Easterly along said South line of Stratford Avenue, 17.67 feet to the point of beginning, except the North 200 feet thereof, in the City of Waterloo, Black Hawk County, Iowa; and, WHEREAS, said property is located within the designated Consolidated Urban Revitalization Area in Waterloo, Iowa, as previously established by the City Council of the City of Waterloo, Iowa, and, WHEREAS, the improvement project respecting said property is in conformance with the Consolidated Urban Revitalization Plan as officially adopted by the City Council for the City of Waterloo, Iowa, and WHEREAS, the improvements on said property were made during the time in which such improvements are eligible for the tax exemption as set forth in the Consolidated Urban Revitalization Plan as adopted by the City Council of the City of Waterloo, Iowa, and as set forth in the Urban Revitalization Act as adopted by the Legislature of the State of Iowa and signed by the Governor of the State of Iowa, and WHEREAS, said applicant is requesting the following three- year exemption schedule: For the first year For the second year For the third year 100% 100% 100% NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that said application is hereby approved and the City Clerk is hereby authorized and directed to forward said application and a copy of this resolution to the Assessor by March 1, 2013. PASSED AND ADOPTED this 26th ATTEST: f March, 2012. e(aj Ernest G. Clark, Mayor Suzy 'c ares, CMC City Clerk Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. RESOLUTION NO. 2012-255 RESOLUTION AUTHORIZING THE SALE AND CONVEYANCE OF AN APPROXIMATE 14.5 FOOT BY 140 FOOT PORTION OF WEST 9TH STREET LOCATED BETWEEN BLUFF STREET AND THE ALLEY LOCATED IN BLOCK 44 OF THE ORIGINAL PLAT OF WATERLOO WEST TO BE CONVEYED TO MOBILEMONEY, INC. FOR $750.48, PLUS COSTS, SUBJECT TO A CONDITION THAT MOBILEMONEY, INC. REMOVE THE SIDEWALK LOCATED WITHIN THE AREA TO BE VACATED AND SUBJECT TO CITY'S RETENTION OF A PERMANENT UTILITY EASEMENT OVER, UNDER AND UPON ALL, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND DELIVER DEED FOR SAME. WHEREAS, the City of Waterloo, Iowa, is the owner of real property in the City of Waterloo, Iowa, as described below, and WHEREAS, an offer to purchase said certain parcels of real property in the sum of $750.48, plus costs, has been made by MobileMoney, Inc., and WHEREAS, a public hearing was held on March 26, 2012, at 5:30 p.m. in the Council Chambers in City Hall, Waterloo, Iowa, as provided by law, by the Council of the City of Waterloo, Iowa, on the proposal to sell and convey premises owned by the City of Waterloo, Iowa, to MobileMoney, Inc., and WHEREAS, it is the opinion of this Council that sale and conveyance should be made as proposed. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS: 1. The following described real property, as fully described in the published notice in the Waterloo Courier on March 21, 2012, is not presently needed and will not be needed in the foreseeable future for municipal purposes and its ownership is serving no municipal purpose, and 2. That the offer of MobileMoney, Inc. to purchase real property for the sum of $750.48, and costs, be and it is hereby accepted for real property described below: Bluff Street to Alley A survey of West Ninth Street a platted 80 ft. public right of way in Original Plat Waterloo West of the Cedar River, in the Southwest k Section 25, Township 89 North, Range 13 West, City of Waterloo, Black Hawk County, State of Iowa, more particularly described as follows: Beginning at the Northwesterly corner of Lot 6 in said Block 44; thence parallel with the Westerly line of said Lot 5, N28°13'37"W, 14.50 feet; thence N62°04'31"E, 140.01 feet to the extended Westerly right of way line of a platted 20 ft. public alley; thence S28°13'32"E 14.50 feet along said extended line, to the Northeasterly corner of said Lot 6; thence S62°04'31"W 140.01 feet along the Northerly line of Lot 6 in said Resolution No. 2012-255 Page 2 Block 44, also being the Southerly right of way line of West Ninth Street, to the point of beginning, containing 2,030.00 sq. ft., or 0.046 acres; to MobileMoney, Inc. for $750.48, plus costs. 3. That the City of Waterloo, Iowa, convey said parcels of real property to MobileMoney, Inc. by deed. 4. That the Mayor and City Clerk are hereby authorized to execute and deliver deed to MobileMoney, Inc. 5. That the original of said deed fully executed and acknowledged is hereby approved and confirmed by the Council. 6. That the City Clerk is authorized and directed to deliver said deed of conveyance to MobileMoney, Inc. upon receipt of the sum of $750.48, and costs. PASSED AND ADOPTED this 26th day of March, 2012. ATTEST: Suzy Schar City Clerk est G. Clark, Mayor Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. RESOLUTION NO. 2012-255 RESOLUTION AUTHORIZING THE SALE AND CONVEYANCE OF AN APPROXIMATE 14.5 FOOT BY 140 FOOT PORTION OF WEST 9TH STREET LOCATED BETWEEN BLUFF STREET AND THE ALLEY LOCATED IN BLOCK 44 OF THE ORIGINAL PLAT OF WATERLOO WEST TO BE CONVEYED TO MOBILEMONEY, INC. FOR $750.48, PLUS COSTS, SUBJECT TO A CONDITION THAT MOBILEMONEY, INC. REMOVE THE SIDEWALK LOCATED WITHIN THE AREA TO BE VACATED AND SUBJECT TO CITY'S RETENTION OF A PERMANENT UTILITY EASEMENT OVER, UNDER AND UPON ALL, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND DELIVER DEED FOR SAME. WHEREAS, the City of Waterloo, Iowa, is the owner of real property in the City of Waterloo, Iowa, as described below, and WHEREAS, an offer to purchase said certain parcels of real property in the sum of $750.48, plus costs, has been made by MobileMoney, Inc., and WHEREAS, a public hearing was held on March 26, 2012, at 5:30 p.m. in the Council Chambers in City Hall, Waterloo, Iowa, as provided by law, by the Council of the City of Waterloo, Iowa, on the proposal to sell and convey premises owned by the City of Waterloo, Iowa, to MobileMoney, Inc., and WHEREAS, it is the opinion of this Council that sale and conveyance should be made as proposed. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS: 1. The following described real property, as fully described in the published notice in the Waterloo Courier on March 21, 2012, is not presently needed and will not be needed in the foreseeable future for municipal purposes and its ownership is serving no municipal purpose, and 2. That the offer of MobileMoney, Inc. to purchase real property for the sum of $750.48, and costs, be and it is hereby accepted for real property described below: Bluff Street to Alley A survey of West Ninth Street a platted 80 ft. public right of way in Original Plat Waterloo West of the Cedar River, in the Southwest Section 25, Township 89 North, Range 13 West, City of Waterloo, Black Hawk County, State of Iowa, more particularly described as follows: Beginning at the Northwesterly corner of Lot 6 in said Block 44; thence parallel with the Westerly line of said Lot 5, N28°13'37"W, 14.50 feet; thence N62°04'31"E, 140.01 feet to the extended Westerly right of way line of a platted 20 ft. public alley; thence S28°13'32"E 14.50 feet along said extended line, to the Northeasterly corner of said Lot 6; thence S62°04'31"W 140.01 feet along the Northerly line of Lot 6 in said Resolution No. 2012-255 Page 2 Block 44, also being the Southerly right of way line of West Ninth Street, to the point of beginning, containing 2,030.00 sq. ft., or 0.046 acres; to MobileMoney, Inc. for $750.48, plus costs. 3. That the City of Waterloo, Iowa, convey said parcels of real property to MobileMoney, Inc. by deed. 4. That the Mayor and City Clerk are hereby authorized to execute and deliver deed to MobileMoney, Inc. 5. That the original of said deed fully executed and acknowledged is hereby approved and confirmed by the Council. 6. That the City Clerk is authorized and directed to deliver said deed of conveyance to MobileMoney, Inc. upon receipt of the sum of $750.48, and costs. PASSED AND ADOPTED this 26th day of March, 2012. 'rnest G. Clark, Mayo ATTEST: Suzy Sch. ra , CMC City Cle k THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE CITY HALL COUNCIL CHAMBERS, 5:30 P.M. MONDAY, MARCH 26, 2012 CITY OF WATERLOO GOALS 1. Support economic development efforts that attract, retain and create quality jobs resulting in a diverse economic base and increased population. 2. Continue to support implementation of the Downtown Master Plan. 3. Facilitate and promote the development of housing options to meet the needs of current and future Waterloo citizens. 4. Develop a customer -centered service delivery approach. 5. Seek additional opportunities to share services and resources with other government entities. 6. Collaborate with statewide elected officials to reduce the burden on local property taxes. 7. Address the changing public workforce needs in Waterloo. 8. Enhance and protect a diverse, family-oriented community where neighborhoods are safe and well maintained. 9. Enhance the quality of place opportunities for the citizens of our community. General Rules for Public Participation 1. Although not required by city code of ordinances, oral presentations may be allowed at the chair/presider's (usually the Mayor or Mayor Pro Tem) discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. A speaker may speak to one (1) issue per meeting for a maximum of three (3) minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 2. At the chair/presider's discretion, you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation (if appropriate) and speak clearly into the microphone. 3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow everyone who wishes to address the council, using the same participation guidelines found in these "general rules". 4. You may speak one (1) time per item for a maximum of three (3) minutes. 5. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 7. Citizens are encouraged to register with the Clerk's Office by 5:00 p. m. on Monday of the day of the City Council meeting to appear before the City Council (may also register by phone). Registered speakers will be given first priority. Roll Call. Moment of Silence. Pledge of Allegiance: Dennis Clark, General Manager Waterloo Water Works. March 26, 2012 Agenda, as proposed or amended. Page 2 Minutes of March 7, 2012, Budget Hearing; March 15, 2012, Special Session; March 19, 2012, Regular Session; as proposed. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) a. Resolution to approve the following: 1. Bills Payment, Schedule AP642, a copy of which is on file in the office of the City Clerk. 2. Request of Paul Wonderly for tax exemptions on improvements totaling $475,000.00 for property located at 622-628 Ansborough Avenue and located in the Consolidated Urban Revitalization Area. Submitted by Chris Western, Planner 11 3. Request of Ivan Wieland of Screaming Eagle American Bar & Grill, 228 East 4th Street, for a variance to the Noise Ordinance and permission to close a portion of Lafayette Street (between 4th & 5th Streets) starting Thursday, April 5, 2012 and each Thursday through October 2012 from 5:00 p.m. to 11:00 p.m. in conjunction with Bike Night event, including a band and the use of a PA system, together with recommendation of approval of Director of Safety Services. 4. Request of Deacon Michael E. Lien of New Living Hope Apostolic Church, 2109 Falls Avenue, for a variance to the Noise Ordinance on April 7, 2012 from 3:00 p.m. to 7:00 p.m. in conjunction with Church Convention 3 year Anniversary event to be held at 2109 Falls Avenue, including a band and the use of a PA system, together with recommendation of approval of Director of Safety Services. b. Motion to approve the following: 1. Travel Requests Name 86 Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Rehl-Mason City PD, Anderson - Clear Lake PD LEIN Criminal Intelligence Course Johnston, Iowa April 2- 13, 2012 $1, 600.00 March 26, 2012 2. 3. 4. 5. 6. Page 3 Capt. Pillack, Sgt. Feaker, Investigator Saunders, Todd Wilson, Inv. Berry, Officer Roberts, Bellis - CFPD Multi -State Conference Dubuque, Iowa May 2-4, 2012 $2,231.36 Sgt. Fangman, Officer's Savage, Frein, Roberts, Muhlenbruch, Watson, Sadd, Ladage (CFPD), and Jeager (UNI) Midwest Gang Wisconsin Dells, Wisconsin May 20- 23, 2012 $5,356.00 Officer's Hundley, Jurgenson, and Wilson Advanced Vehicle Contraband and Concealment Johnston, Iowa April 5- 6, 2012 $180.00 Pat Treloar, Fire Chief IA Assoc of Professional Chiefs Spring Conference Ames, Iowa April 10- 11, 2012 $175.00 Officer Walter & Bovy Police Motorcycle Training Moline, Illinois April 14- 16, 2012 $676.00 7. Recommendation of appointment of Benjamin Wagner to the position of Draftsperson, effective March 27, 2012 -Submitted by Eric Thorson, P.E., City Engineer Class C Beer License Permit Application 8. Cork's Grocery, 1956 Lafayette Street (Renewal) (Expires 4/30/ 13) (Includes Sunday Sales) 9. New Star Liquor, 1309 Lafayette Street (Renewal) (Expires 4/ 15/ 13) (Includes Sunday Sales) 10. Sycamore Convenience, 617-619 Sycamore Street (Renewal) (Expires 3/ 11/ 13) (Includes Sunday Sales) Class E Liquor License Permit Application 11. New Star Liquor, 1309 Lafayette Street (Renewal) (Expires 4/ 15/ 13) (Includes Sunday Sales) 12. Sycamore Convenience, 617-619 Sycamore Street (Renewal) (Expires 3/ 11/ 13) (Includes Sunday Sales) March 26, 2012 Page 4 Class B Wine License Permit Application 13. New Star Liquor, 1309 Lafayette Street (Renewal) (Expires 4/ 15/ 13) (Includes Sunday Sales) 14. Sycamore Convenience, 617-619 Sycamore Street (Renewal) (Expires 3/ 11/ 13) (Includes Sunday Sales) Cigarette Permit Application 15. Demi's Blue Martini Lounge, 728 Commercial Street 16. Bonds PUBLIC HEARINGS 2. Request of Mobile Moneq Inc. for the vacation, sale and conveyance of approximately 14.5 foot by 300 foot portion of West 9th Street located between Jefferson Street and Bluff Street, with the portion located between Bluff Street and the alley located in Block 44 of the Original Plat of Waterloo West to be conveyed to Mobile Money Inc. for $750.48 and the portion located between the alley located in Block 44 of the Original Plat of Waterloo West and Jefferson Street to be retained by the City of Waterloo, subject to a condition that Mobile Money Inc. remove the sidewalk located within the area to be vacated and subject to city's retention of a permanent utility easement over, under and upon all. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of Planning, Programming and Zoning Commission and. Motion to receive, file, consider and pass for the first time an Ordinance vacating approximately 14.5 foot by 300 foot portion of West 9th Street located between Jefferson Street and Bluff Street, with the portion located between Bluff Street and the alley located in Block 44 of the Original Plat of Waterloo West to be conveyed to Mobile Money Inc. for $750.48 and the portion located between the alley located in Block 44 of the Original Plat of Waterloo West and Jefferson Street to be retained by the City of Waterloo, subject to a condition that Mobile Money Inc. remove the sidewalk located within the area to be vacated and subject to city's retention of a permanent utility easement over under and upon all. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt ordinance. Resolution authorizing said sale and conveyance, and authorize City Attorney to prepare and deliver deed accordingly. Submitted by Noel Anderson, Community Planning & Development Director March 26, 2012 Page 5 3. Rezone from approximately 0.34 acres from "C -P" Planned Commercial District to "R -4,R -P" Planned Residence District, property located at 820 Sycamore Street for construction of a multifamily housing development. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of Planning, Programming and Zoning Commission. Motion to receive, file, consider and pass for the first time an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, Rezoning Certain Property. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt ordinance. Submitted by Noel Anderson, Community Planning & Development Director 4. Rezone approximately 1,710 square feet from "R-4" Multiple Residence District to "C-1" Neighborhood Commercial District, property located north of 1019 South Street to legalize an existing parking area for the adjacent Kwik Star store. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of Planning, Programming and Zoning Commission. Motion to receive, file, consider and pass for the first time an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, Rezoning Certain Property. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt ordinance. Submitted by Noel Anderson, Community Planning & Development Director March 26, 2012 Page 6 5. Request by Kwik Trip, Inc. to rezone approximately 8,277.5 square feet from "R-4" Multiple Residence District to "C-1" Neighborhood Commercial District, property located at 519 W 8th Street, 1009 South Street, and 1017 South Street for construction of additional parking for the adjacent Kwik Star store. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of Planning, Programming and Zoning Commission. Motion to receive, file, consider and pass for the first time an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, Rezoning Certain Property. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt ordinance. Submitted by Noel Anderson, Community Planning & Development Director 6. Request of Hy -Vee, Inc. to rezone approximately 1.26 acres from "R-1" One and Two Family Residence District to "C-2" Commercial District, property located at 3700 University Avenue to legalize an existing mini -storage business. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of Planning, Programming and Zoning Commission. Motion to receive, file, consider and pass for the first time an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, Rezoning Certain Property. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt ordinance. Submitted by Noel Anderson, Community Planning & Development Director March 26, 2012 Page 7 7. Request of Dolly James, LLC for a site plan amendment to the "R -4,R -P" Planned Residence District, property generally located within the area bounded by the Cedar River and Sycamore Street between the Union Pacific Railroad and East 8th Street to allow for the construction of a multi family housing development Motion -to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of Planning, Programming and Zoning Commission. Motion to receive, file, consider and pass for the first time an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, Approving a Site Plan Amendment on Certain Property. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt ordinance. Submitted by Noel Anderson, Community Planning & Development Director 8. Request of Kwik Trip, Inc. for the vacation, sale and conveyance of city - owned property generally located in an alley located within Block 7 of Does Addition subject to the retention of a utility easement over, under and upon the area to be vacated, and subject to the applicant constructing driveways off of South Street for 1009 South Street and 1017 South Street to allow for construction of additional parking for the adjacent Kwik Star store at a cost of $6,000.00 Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of Planning, Programming and Zoning Commission. Motion to receive, file, consider and pass for the first time an Ordinance vacating an alley located within Block 7 of Does Addition subject to the retention of a utility easement over, under and upon the area to be vacated, and subject to the applicant constructing driveways off of South Street for 1009 South Street and 1017 South Street. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt ordinance. Resolution authorizing said sale and conveyance, and authorize City Attorney to prepare and deliver deed accordingly. Submitted by Noel Anderson, Community Planning & Development Director March 26, 2012 Page 8 9. Request of Dolly James, LLC to vacate any and all easement located within the area _generally located within the area bounded by the Cedar River and Sycamore Street between the Union Pacific Railroad and East 8th Street to allow _ for the construction of a multi -family housing development Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING --No objections on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of Planning, Programming and Zoning Commission. Motion to receive, file, consider and pass for the first time an Ordinance vacating any and all easement located within the area generally located within the area bounded by the Cedar River and Sycamore Street between the Union Pacific Railroad and East 8th Street. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt ordinance. Resolution authorizing said sale and conveyance, and authorize City Attorney to prepare and deliver deed accordingly. Submitted by Noel Anderson, Community Planning & Development Director RESOLUTIONS 10. Resolution approving agreement with Silver Eagle Harley-Davidson/Buell to lease two Harley Davidson motorcycles at a cost of $125.00 per month per motorcycle for one year, plus routine maintenance; and authorize Mayor to execute said document. Submitted by Dan Tre/ka, Director of Safety Services 11. Resolution approving submission of Black Hawk County Gaming Association grant application in the amount of $50,000.00 to be used for Cedar Valley SportsPlex marketing program; and authorize Mayor to execute said document. Submitted by Mark Gallagher, Sports Manager 12. Resolution approving Contracts, Bonds and Certificates of Insurance in the amount of $51,956.00 with B & B Builders & Supply of Waterloo, Iowa in conjunction with 2012 Sullivan Park Shelter Project; and authorize Mayor and City Clerk to execute said documents. Submitted by Rick Curran, Leisure Services Facilities Manager March 26, 2012 Page 9 13. Resolution approving Contracts, Bonds and Certificates of Insurance in the amount of $89,075.00 with Aspro, Inc. of Waterloo, Iowa in conjunction with 2012 Highland Park Basketball & Tennis Court Project; and authorize Mayor and City Clerk to execute said documents. Submitted by Rick Curran, Leisure Services Facilities Manager 14. Resolution approving a lease agreement with Janet Kendall -Post to lease city owned property located on Riverside Drive just west of 903 Riverside Drive for $1.00 per year; and authorize Mayor and City Clerk to execute said document. Submitted by Aric Schroeder, City Planner 15. Resolution approving a lease agreement with George A. Ryan and Loretta R. Ryan to lease city owned property located on Riverside Drive just east of 727 Riverside Drive for $1.00 per year; and authorize Mayor and City Clerk to execute said document. Submitted by Aric Schroeder, City Planner 16. Resolution approving a lease agreement with Darlyne Yagla to lease city owned property located on Riverside Drive just south of 509 Riverside Drive for $1.00 per year; and authorize Mayor and City Clerk to execute said document. Submitted by Aric Schroeder, City Planner 17. Resolution approving request of Dolly James, LLC to dedicate the necessary easements within an area bounded by the Cedar River, Sycamore Street, East 8th Street, and the railroad tracks to allow for the construction of a multi family housing development. Submitted by Aric Schroeder, City Planner 18. Resolution resetting date of hearing and bid opening on the F.Y. 2012 Street Reconstruction Program, Contract No. 819 as April 9, 2012 and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. Submitted by Dennis Gentz, P.E., Assistant City Engineer 19. Resolution approving amendment to Development Agreement with Dolly James LLC to add wording for a grant payment in the amount of $14,528.99; and authorize Mayor and City Clerk to execute said document. Submitted by Noel Anderson, Community Planning & Development Director March 26, 2012 Page 10 20. Resolution approving Real Estate Sale Contract with Jerry Makedonski for the acquisition of 1823 Black Hawk Street in the amount of $55,000.00 with up to $10,000.00 in city environmental and closing costs; and authorize Mayor and City Clerk to execute said document. Submitted by NoelAnderson, Community Planning & Development Director 21. Resolution approving First amendment to Land Lease Agreement with Fidelity Towers to lease a cell tower at C.A. Morris Park; and authorize Mayor and City Clerk to execute said document. Submitted by Noel Anderson, Community Planning & Development Director 22. Resolution approving Memorandum of Lease with Fidelity Towers to lease a cell tower at C.A. Morris Park; and authorize Mayor and City Clerk to execute said document. Submitted by NoelAnderson, Community Planning & Development Director 23. Resolution approving Development Agreement with C. Doyle Properties LLC for property located at 216-218 East 4th Street to place a minimum assessment amount on property for 5 years at $206,260.00; and authorize Mayor and City Clerk to execute said document. Submitted by Noel Anderson, Community Planning & Development Director 24. Resolution approving an agreement with Sycam Orr LLC for property located at 616-622 Sycamore Street to allow for a skywalk connection between private building and city parking ramp; and authorize Mayor and City Clerk to execute said document. Submitted by NoelAnderson, Community Planning & Development Director 25. Resolution approving Early Access Agreement with Northeast Iowa Food Bank, Inc., to allow for work to begin on their new facility in Rath area prior to closing on the property; and authorize Mayor and City Clerk to execute said document. Submitted by Noel Anderson, Community Planning & Development Director 26. Motion approving Change Order No. 1 for a net increase of $28,495.00 to add 910 West Shaulis Road and 218 West Mullan Avenue for work performed by Lehman Trucking & Excavating Inc. of Waterloo, Iowa in conjunction with Demolition and Site Clearance Services (no regulated asbestos -containing materials); and authorize Mayor and City Clerk to execute said documents. Submitted by Noel Anderson, Community Planning & Development Director 27. Resolution approving City of Waterloo Driveway and Sidewalk Specifications for use by contractors and property owners starting with the 2012 construction season. Submitted by Wayne Castle, PLS, El, Associate Engineer March 26, 2012 Page 11 ORDINANCES 28. Snow and Ice Removal (Clarifying Property Owners Responsibility) Motion to receive, file, consider and pass for the first time an Ordinance amending the 7-1-2B Snow and Ice Removal Motion suspending the rules. Motion to consider and pass for the second and third time and adopt ordinance. Submitted by Larry Smith, Waste Management Services Superintendent OTHER COUNCIL BUSINESS 29. Resolution setting date of hearing as April 9, 2012 to approve a request by Invision Architecture on behalf of the Waterloo Community School District to rezone 20.56 acres from "A-1" Agricultural District to "R-1" One and Two Family Residence District, property located at the northeast corner of Kimball Avenue and East Orange Road in connection with the new Orange Elementary School, generally located at the northeast corner of Kimball Avenue and East Orange Road; and instruct City Clerk to publish notice. Submitted by Noel Anderson, Community Planning & Development Director 30. Resolution setting date of hearing as April 9, 2012 to approve the vacation of a portion of West 2nd Street located between Jefferson Street and Washington Street, a portion of Washington Street from West 3rd Street to West 2nd Street, and a portion of the public alleys located in Block 13 and Block 14 of Original Plat of Waterloo West, to allow for the development of a new 130,000 square foot recreational and athletic indoor sports facility (Cedar Valley Sportsplex); and instruct City Clerk to publish notice. Submitted by Noel Anderson, Community Planning & Development Director 31. Resolution setting date of hearing as April 9, 2012 to approve request by Waterloo Development Corporation and the City of Waterloo to rezone the area bonded by Jefferson Street, West 1St Street, West 3rd Street and Washington Street from "M-1" Light Industrial District to "C-3" Central Business District, to allow for the development of a new 130,000 square foot recreational and athletic indoor sports facility (Cedar Valley Sportsplex); and instruct City Clerk to publish notice. Submitted by Noel Anderson, Community Planning & Development Director March 26, 2012 Page 12 32. Request for Proposal for Demolition and Site Clearance Services (no regulated asbestos -containing materials) for 820 and 910 Sycamore Streets, 1518 West 4th Street Motion to instruct Community Planning & Development Director to prepare plans, specifications, form of contract, etc. Motion to receive and file plans, specifications, form of contract, etc. Resolution preliminarily approving plans, specifications, form of contract, etc. Resolution setting date of hearing and bid opening as April 9, 2012; and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. Submitted by Noel Anderson, Community Planning & Development Director ORAL PRESENTATIONS Motion to receive and file oral comments. ADJOURNMENT Motion to adjourn. Suzy Schares City Clerk MEETINGS Monday, March 26, 2012 4:15 p.m. - Council Work Sessions, Council Chambers 5:00 p. m. - Finance Committee, Council Chambers PUBLIC INFORMATION 1. Waterloo Public Library Board of Trustees meeting minutes of February 13, 2012 on file in the City Clerk's office. 2. Community Development Board meeting minutes of February 21, 2012 and Public Hearing for Citizen Input for FY2013 CDBG and HOME Program meeting minutes of February 21, 2012 on file in the City Clerk's office. March 26, 2012 CONTRACT PAYMENT SCHEDULE Page 13 1. Waterloo Dam Rehabilitation and Riverwall Reconstruction, Contract No. 713 Pay estimate No. 34 to AECOM in the total amount due of $2,387.97 2. Commercial St Extension & River Road Relocation & Storm Water Pump Station, Contract No. 720 Pay estimate No. 33 to Cedar Valley Corp in the total amount due of $27, 772.34 3. F. Y. 2010 Cedar River Water Trail, Contract No. 734 Pay estimate No. 12 to AECOM in the total amount due of $3,360.00 4. F. Y. 2010 Cedar River Water Trail (Portages), Contract No. 734 Pay estimate No. 30 to Vieth Construction in the total amount due of $82, 907.69 5. F. Y. 2011 Downtown Waufinding Signage, Contract No. 783 Pay estimate No. 11 to JDE in the total amount due of $425.00 6. F. Y. 2011 Downtown Waufinding Signage, Contract No. 783 Pay estimate No. 11 to JDE in the total amount due of $425.00 7. F. Y. 2011 Cattle Congress Storm Water Pump Station, Contract No. 801 Pay estimate No. 3 to JDE Engineering in the total amount due of $6,212.50 8. F. Y. 2011 Lou Henrq Hoover Sculpture Garden, Contract No. 803 Pay estimate No. 4 to Craig Ritland Landscape Architects in the total amount due of $7,682.50 9. Waterloo Stormwater 14ft Stations at Blowers Creek and Dry Run Creek Payment to AECOM in the total amount due of $4,867.89 10. Delane Avenue Detention Area & Preliminary Plan Development Payment to JDE Engineering in the total amount due of $15,200.00 11. Waterloo Stormwater Lift Stations at Cedar Bend, Hollywood and Fletcher Avenue Pay estimate No. 8 to Snyder & Associates in the total amount due of $2, 609.00 STEVE WALKER From: KELLEY FELCHLE Sent: Tuesday, November 10, 2015 4:59 PM To: STEVE WALKER Subject: Resolutions Attachments: 2011-944-9_26_2011.pdf; 2011-992-10_l0_2011.pdf; 2011-1008-10_17_2011.pdf; 2012-366-4_23_2012.pdf; 2014-585A-7_14_2014.pdf Hi Steve, Attached are copies of the following resolutions: 2011-944 2011-992 2011-1008 2012-366 2014-585A The following are being processed by Mayor and Suzy: 2011-861 2011-866 f 2011-1116 I need to write the following: 2012-175 2012-265 '4e 2012-518 2014-1028A Kelley Kelley Felchle Deputy City Clerk City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 (319) 291-4323 Needs log fetc 2 iZ -ZGJ,3 3 -2-6-lam. STEVE WALKER From: STEVE WALKER Sent: Monday, August 03, 2015 4:52 PM To: KELLEY FELCHLE Subject: Need Copy of Res. 2012-265 3-26-12 &igeka .r `pets i cad c`�✓ Hi Kelley, On 7-21-15 Nancy looked for this Resolution 2012-265 in the Clerk's vault, but it was not there. There was a big gap in the 2012 Resolutions. She thought that maybe it might be in a box under Carol's desk waiting to be filed. 1. If this has already been drafted and signed, could I get a copy of it? 2. If this Resolution has Not been drafted yet – Please let me know. I beeliea e-tha} —De -Dept. used-thie-wfongPlat of Survey Utter. Th Thanks, Steve Steve Walker Draftsman City Of Waterloo Engineering Dept. 715 Mulberry Street Waterloo, IA 50703 Phone: 319-291-4312 Email: steve.walker@waterloo-ia.org 1 ae#ed=to the C ncii-Commtinicalietf- /t-24 3 F STEVE WALKER From: Sent: To: Subject: Attachments: Everyone, Helland Kyle <hellandsurveying@cfu.net> Monday, August 31, 2015 9:01 AM Adam Streeter; ARIC SCHROEDER; STEVE WALKER Sycamore width SycamoreCondosWloo8-31-15.pdf Please note the highlighted dimensions between buildings on Sycamore Street on the attached Plat map... all distances between buildings do exceed 50' in separation. Thank you, Kyle J. Helland, LSI Helland Engineering & Surveying, Ltd h-1 { 1,7 stet F:[:.Z7 e L sp Lit61-2 Lfic „re - roc G,� „ty,t - 7 1 Mayor BUCK CLARK --COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large 7 -Z1 -is Kb, i51uold7+0r 50 /•r. 60y, Lb-ivf tr eetrdt° wet CIyTY OF 61NA,TERLC)1®.W LC), A COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Directory fir/ Council Communication City Council Meeting: March 26, 2012 Prepared: March 20, 2012�' Dept. Head Signature: # of Attachments: 3 -k p� L-`li t1 gtlu /+.dii/llle4dIf,Record +� 1 e-orre 272'1 0017 /AD C0-ckA5-1-l'2\J c k ice,0,Li, D;d hof" s -et( 6.144 cry\. vey UUA-F 1 l (,- Flu, 8 rzore- SUBJECT: Request by Dolly James, LLC to dedicate the necessary easements located within the area bounded by the Cedar River and Sycamore Street, and E 8th Street and the railroad tracks, to allow for the construction of a multi -family housing development. Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: Approval. Summary Statement: Transmitted herewith is a request by Dolly James, LLC to dedicate the necessary easements within the property in order to construct six new 12 -unit housing units with accompanying garages on the property. The applicant is proposing to dedicate the new easements in order to construct six new 12 -unit dwelling units. There was an existing easement located over the entire area of vacated E 7th Street, as there exists sewer and water located within that area, however that is in the process of being vacated. The request to dedicate the new easements would allow for the onstruction of the new housing development on the property while still maintaining easements over necessary areas. Expenditure Required: None Source of Funds: None required Policy Issue: Land Use and Economic Development Alternative: EX�S ee Se!'1-z-vnf VezGct fed - Orel. 5i'7 3 7 goi� i l 2.913 -or2oti Background Information: The City of Waterloo has owned this property for several years now, and has been looking for a developer to develop this property. Legal Description: See attached Exhibit "A". AS:sg CITY WEBSITE: www.ci.waterlooda.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Paul H. Helland,1107 Technology Parkway, Cedar Falls, Iowa 50613-6951, (319)-266-0161 re) %QC fe'r' Gi) r r LEGEND - FOR THIS SHEET ONLY WATER VALVE ❑ MANHOLE A P! FIRE HYDRANT (PROPOSED TO BE MOVED) B PROPOSED LOCATION FOR FIRE HYDRANT --SANITARY-SEWER WATERLINE --^— PROPOSED WATERLINE PROPOSED UTILITY EASMENT PROPOSED ACCESS EASEMENT PROPOSED UTILITY EASEMENT PROPOSED UTILITY EASEMENT SYCAMORE STREET (80' R.O.W.) 2 E = • c 1 P.P.B. CL� 3 = 50.0 Cr 4 BLOCK 1 = 20.0'- 6 1' 5 7 = 8 9 S 48°293/4' E—O 10 --115.55'-_ _ !`!T j niT 7-)-17-7k-, su—sw—.sw--sw—sw--sw-7- 0 _� =z N 49°32' W 40.75' �2 tom N 49°041/4 W g-% •-1 41, • '� O 1 �� 2 30.0 3 30.0'11 WA ccs 11 7 S 35°30' E 90.25' rn rt. Go N 49°06'/i W_ 149.1' _P.0.c. Q rn s i i_Ls ik m rn 1 H 1 4 6 BLOCK22 5 10 �P.0.T. CL z n 0 0) z w cn° O .0 CTS 55 za THIS SURVEY MEETS/OR EXCEEDS CURRENT "MINIMUM STANDARDS FOR PROPERTY SURVEYS" HELLAND ENGINEERING & SURVEYING, LTD. 1107 Technology Parkway Cedar Falls, Iowa 50613-6951 (319)-266-0161 g. S ,6r971.e4 15114 0 SHEET 2 OF 5 deki- e.e2F"c?F'G7 ;le 2Ot2..-JS3r C 9r et� 8 SAN. P.0.B w m ,r; S 46°39' E 301.0' 1 ; CEDAR RIVER z m N_ O bo - (BEARINGS ARE ASSUMED) 0' 50' 100' 200' • SET NO. 4 REBAR X 24" LONG W/ORANGE PLASTIC CAP #6505 (007 RECORDED AS FILE NAME: 12-110P.DWG SCALE: 1" = 100° PROJECT #-12-110 OPC PLASTIC CAP (0=ORANGE, R=RED, Y=YELLOW) PLAT OF SURVEY OF BLOCK 22 & PART BLOCK 1, "ORIGINAL WATERLOO EAST" VACATED WATER ST., VACATED E. 7TH ST., & FRACTIONAL LAND LYING EAST OF CEDAR RIVER WATERLOO, BLACK HAWK COUNTY, IOWA FOR DOLLY JAMES, LLC ' 1 -r-v`Gl;•r\Cj 0-Y \ j u -f- C. Icaier, E ;—vim 4t - DESCRIPTION DESCRIPTION OF ACCESS EASEMENT 40.4'004 - The 'o 4 -The Southeasterly 30 feet of the following describedd tract CL5? Art da o1 That part of the above described Parcel "R" lying 20 feet on each side of the following described centerline: Commencing at the Easterly corner of said Block 22, point being a found 1/2" rebar with license #8033; thence along the Southwesterly right-of-way line of Sycamore Street North 49°061/2' West a distance of 149.1 feet to the Northerly corner of Lot 1 of said Block 22 of the "Original Plat on the East side of the Cedar River, City of Waterloo", point being a found 1/2 rebar with license #3862; thence along said Southwesterly right-of-way line of Sycamore Street North 490041/4` West a distance of 149.7 feet to the Northerly corner of Lot 2 in said Block 22 of the "Original Plat on the East side of the Cedar River, City of Waterloo", point being a found 1/2" rebar with license #7034; thence along the Northeasterly line of said Vacated East 7th Street North 49°32' West a distance of 40.75 feet to the point of beginning of said centerline; than uth-40°0 34 ' iNest-a-distance-sf-3-15.95-feet-to-the-Southwesterly-line-of-the above described Parcel "R", point being the point of termination of said centerline. The side lines of the described strip are to be lengthened and shortened to terminate on the Northeasterly line of said Parcel "R" and the rSouthwesterly line of said Parcel "R". tea• JPT O E GRIPIO OF EL{TY EASEMENT a,, -z— A 50 foot Utility Easement described as follows That part of the above described Parcel "R" lying 20 feet on the Northwesterly side and 30 feet on the Southeasterly side of the following described centerline: Commencing at the Easterly corner of said Block 22, point being a found 1/2" rebar with license #8033; thence along the Southwesterly right-of-way line of Sycamore Street North 49°061/2' West a distance of 149.1 feet to the Northerly corner of Lot 1 of said Block 22 of the "Original Plat on the Easf side of the Cedar River, City of Waterloo", point being a found '/z rebar with license #3862; thence along said Southwesterly right-of-way line of Sycamore Street North 49°Q4'/4 West a distance of 149.7 feet to the Northerly comer of Lot 2 in said Block 22 of the "Original Plat on the East side of the Cedar River, City of Waterloo", point being a found 'h" rebar with license #7034; thence along the Northeasterly line of said Vacated East 7th Street North 49°32 West a distance of 40.75 feet to the point of beginning of said centerline; -a"— thence South 40°043/4 West a distance of 315.95 feet to the Southwesterly line of the above described Parcel "R", point being the point of termination of said centerline. The side lines of the described strip are to be lengthened and shortened to terminate on the Northeasterly line of said Parcel "R" and the Southwesterly line of said Parcel "R". yl �F c 4 E CRITIC OF UTILITY The Northeasterly 8 feet o Sycarnore Street. SHEET30F 5~ SEMENT �. Southeasterly 364 °t of the abov ribed Parcel "R", lying a cent to LDESCRIPTION OF PROPOSED UTILITY EASEMENT That part of Vacated Water Street generally lying Southwesterly of Block 1 & Block 22 in the "Original Plat on the East side of the Cedar River, City of Waterloo", and part of the fractional land lying between the Cedar River and Block 1 & Block 22 in "Original Plat on the East side of the Cedar River, City of Waterloo", Black Hawk County, Iowa, described as follows: Commencing at the Easterly corner of said Block 22, point being a found 1" rebar with license #8033; thence along the Southeasterly line of said Block 22 in the "Original Plat on the East side of the Cedar River, City of Waterloo", also being the Northwesterly line of East 8'h Street and along the Southeasterly line of Acquisition Plat dated 11/8/2002 recorded in File #2003-00025496 in the Office of the Black Hawk County Recorder South 40°43' West a distance of 328.2 feet to the point of beginning; thence along the Southeasterly line of said Acquisition Plat recorded in File #2003-00025496 South 40°43' West a distance of 6.55 feet to a set 1/2" rebar with license #6505; thence North 48°42' West a distance of 207.8 feet to a set 1" rebar with license #6505; thence -North -39°33' West -distance -of_ -02 55-fee1-to-a-setebar_wttf_Gcense_#-65115; thence North 48°55' West a distance of 82.45 feet to a set'/ rebar with license #6505; thence North 73°54' West a distance of 104.5 feet to a set 12" rebar with license #6505; thence North 49°30' West a distance of 17.5 feet to Southwesterly extension of Plat of Survey dated 3/17/2006 recorded in Fee Book #2006 23029 in the Office of the Black Hawk County Recorder, point being a set 1/2" rebar with license #6505; thence along said Southwesterly extension North 40°48334 East a distance of 67.05 feet; thence South 48°283/x' East a distance 01115.55 feet; thence South 35°30' East a distance of 90.25 feet; thence South 46°39' East a distance of 301.0 feet to the paint of beginning. Subject to restrictions, easements, covenants, ordinances, and limited access provisions of record and not of record. 4 SHEET 4,OF' CI) CM' c li-e Mee'ar 7 N 49°101/' W 97.75'- Page 1 of 5 M 1 +4,1 /Lenard 1111111111111111031111 Doc ID 004753340005 Type GEN Kind: SURVEY Recorded: 04/05/2012 at 10:50:18 AM Fee Amt; $27.00 Pape 1 of 5 Black Hawk County Iowa JUDITH A MCCARTHY RECORDER Fi1e2412—OOO18349 e9sa.-z 3 -2,eaf ;.a Paul H. Helland, 1107 Technology Parkway, Cedar Falls, Iowa 50613-6951, (319)-266-0161 * t^ ` 8 THIS PLAT OR (CITY/C.QUN .rriAINIIMM IW'' giEO#F 7 � ��� %iiI ffier/�;1 61119 111/-adr"�•"43ACQUISITIONPIAT `Agip 4!�/�`r``�P/ A11 29 //00",913.-"ellaibft='! UNION PACIFIC RAILROAD SYCAMORE STREET FOUND NO. 4 REBAR (80 R.O.W.) WPC #8033 „....--(ASSUMED BEARING) -- S 49°07'07" E 297.0' 135.15' 2 3 FOUND 11/z'o.d.— IRON PINCHED PIPE BLOCK 1 6 N 59°16' W 27.95' 1 37.35' \ 124.5' EIVEI3HV11DS „s11.1- ,0 ti L • Co m MO- 4 A.... lit/ Agri_ r,IwAAAAAn�'�,Air .4 Nakt,.%At. �`' rn 9, c4 rn ov) rn S 49°32' E -79.95'-. r � rn 3 g'PARCEL "R" * = 3.82 ACRES 1-4 HAS BEEN REVIEWED BY, SIGNATURE OF (CITY/COUNTY) ORDINANCE ADMINISTRATOR SEE SHEET 2 FOR PROPOSED EASEMENTS SEE SHEET 3-5 (EXHIBIT "A") FOR LEGAL DESCRIPTIONS PARCEL LETTER APPROVED BY COUNTY AUDITOR'S OFFICE DEVELOPERS & SURVEY REQUESTED BY: BRENT DAHLSTROM & JAMES SULENTIC PROPRIETOR: CITY OF WATERLOO DATESOF SURVEY: 1/23,27/2012 & 2/1,2/2012 FOUND NO. 4 REBAR FOUND N0. 4 REBAR w/YPC #7034 w/YPC #3862 S 49°041/4' E --- 149.7' --- 2 6 S 490061/2 E -- 149.1' ---_ FOUND NO.4 REBAR w/YPC #8033 • 4 BLOCK22 5 "ORIGINAL WATERLOO EAST" 7 FOUND NO. 4 REBAR (TYPCIAL) 10 N 40°48%' E 87.6' 8 VACATED WATER STREET (80 R.O.W.) 9 NTLNX 140.01/AP`. -444441•--- 11.1"N F.J tY1 v Co cn 41. C7 CSI c8 Co SEE DETAIL "A" N CEDAR RIVER (Jt THIS SURVEY MEETS/OR EXCEEDS CURRENT "MINIMUM STANDARDS FOR PROPERTY SURVEYS" HELLAND ENGINEERING & SURVEYING, LTD. 1107 Technology Parkway Cedar Falls, Iowa 50613.6951 (319)-266-0161 L SHEET OF5 I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct personal�����pervision and that I am a duly licensed Land Surveyor " e laws of the Stale of Iowa. -0o 1 H. Reiland License Number 6505 My license renewal date Is [Wernher 31, 2013. All pages or sheets are covered by this seal except: Co41. N 3 W .A. CO 41. CM rn CO oS Pa Q ll rn P.O.B. X4'08 M ?/90.6t7 N (BEARINGS ARE ASSUMED) 50' 100 200' r/ SET NO. 4 REBAR X 24" LONG W/ORANGE PLASTIC CAP #6505 (00) RECORDED AS FILE NAME: 12-110P.DWG SCALE: 1" = 100' PROJECT #12-110 LOPC PLASTIC CAP (0=ORANGE, R=RED, Y=YELLOW) PLAT OF SURVEY OF BLOCK 22 & PART BLOCK 1, "ORIGINAL WATERLOO EAST" VACATED WATER ST., VACATED E. 7TH ST., & FRACTIONAL LAND LYING EAST OF CEDAR RIVER WATERLOO, BLACK HAWK COUNTY, IOWA FT S i' tF N au jj .J Page 2 of 5 Paul H. Helfand, 1107 Technology Parkway, Cedar Falls, Iowa 50613-6951, (319)-266-0161 LEGEND FOR THIS SHEET ONLY WATER VALVE ❑ MANHOLE A z9' FIRE HYDRANT (PROPOSED TO BE MOVED) 8 Z! PROPOSED LOCATION FOR FIRE HYDRANT —�-— SANITARY SEWER LINE —w—w— WATER LINE '—' PROPOSED WATERLINE SYCAMORE STREET (80' R.O.W.) 2 P.D.B. CL • 3 BLOCK 1 6 7 11111 PROPOSED UTILITY EASMENT PROPOSED ACCESS EASEMENT PROPOSED UTILITY EASEMENT PROPOSED UTILITY EASEMENT Clot-cc( 144a -rid 5r r rte ±'ca.r‘ T\Osi ` 1C -(-i I i%ky �ciortcJS.1Ccz..c'ii &e N 49°32' W 40.75' N 49°041/4' W -- 149.7' - \S.1LL511LL\ 2 49°06'/2 W -- 149.1' -- P.o.c. - i LI11 L� 1S 1 Llr0 1 rV11' r . . 30.0.\ 3 30.0' • •11 • 4 —04,— _.• Sg„ 9 S 48°283/4' E • B I, ----115.55'- 11 ■ cA1,lii:'•4 CJI h. a 6 BLOCK22 7 VS 35°30' E 90.25' 4 5 8 4,0 C) 7-- 4 E7 tiO G 10 P.O.T. CL SAN. P.O.B. S 46°39' E 301.0' IC) t) SAS eAN sAn-- gm gm W CO 0 W W N" CEDAR RIVER 0' THIS SURVEY MEETS/OR EXCEEDS CURRENT "MINIMUM STANDARDS FOR PROPERTY SURVEYS" HLOZ M iZt1o8t7 N SN/ ___ W LIS (BEARINGS ARE ASSUMED) 0' 50' 100' 200' HELLAND ENGINEERING & SURVEYING, LTD. • 1107 Technology Parkway (0 Cedar Falls, Iowa 50613-0951 SHEET ASHEET 2 OF 5 0 • SET NO, 4 REBAR X 24" LONG W/ORANGE PLASTIC CAP #6505 09 RECORDED AS FILE NAME: 12-110P.DWG SCALE: 1" = 100' PROJECT #12-11Q PC PLASTIC CAP (O=ORANGE, R=RED, Y=YELLOW) PLAT OF SURVEY OF BLOCK 22 & PART BLOCK 1, "ORIGINAL WATERLOO EAST" VACATED WATER ST., VACATED E. 7TH ST., & FRACTIONAL LAND LYING EAST OF CEDAR RIVER WATERLOO, BLACK HAWK COUNTY, IOWA A File NuP Nii8349 Seca► Page 3 of 5 EXHIBIT "A" THIS PLAT REPRESENTS A SURVEY OF PARCEL "R" That part of Lot Nos. 1,4,5,84 9 in Block 1 and all of Block 22 and Vacated East 7m Street lying between Block 1 & Block 22 and Vacated Water Street generally lying Southwesterly of Block 1 & Block 22, all lying in the "Original Plat on the East side of the Cedar River, City of Waterloo", and part of the fractional land lying between the Cedar River and Block 1 & Block 22 in the "Original Plat on the East side of the Cedar River, City of Waterloo", Black Hawk County, Iowa, described as follows: Beginning at the Easterly corner of said Block 22 in the "Original Plat on the East side of the Cedar River, City of Waterloo", point being a found 1/2" rebar with license #8033; thence along the Southeasterly line of said Block 22 in the "Original Plat on the East side of the Cedar River, City of Waterloo", also being the Northwesterly line of East 8`h Street and along the Southeasterly line of Acquisition Plat dated 11/8/2002 recorded in File #2003-00025496 in the Office of the Black Hawk County Recorder South 40°43' West a distance of 334.75 feet to a set 1/2" rebar with license #6505; thence North 48°42' West a distance of 207.8 feet to a set 1/2" rebar with license #6505; thence North 39°33' West a distance 01102.55 feet to a set 1/2" rebar with license #6505; thence North 48°55' West a distance of 82.45 feet to a set 1/2" rebar with license #6505; thence North 73°54' West a distance 01104.5 feet to a set 1/2" rebar with license #6505; thence North 49°30' West a distance of 17.5 feet to Southwesterly extension of Plat of Survey dated 3/17/2006 recorded in Fee Book #2006 23029 in the Office of the Black Hawk County Recorder, point being a set'/2" rebar with license #6505; thence along said Southwesterly extension North 40°483/4' East a distance of 87.6 feet to the Southwesterly corner of said Plat of Survey recorded in Fee Book #2006 23029, also being on the Southeasterly right-of-way line of the Union Pacific Railroad, point being a found 1/2" rebar; thence along the Northwesterly line of said Plat of Survey recorded in Fee Book #2006 23029, also being along said Southeasterly right-of-way line of the Union Pacific Railroad North 40°483/4' East a distance of 271.8 feet to the Southwesterly right-of-way of Sycamore Street, point being a set 1/2" rebar with license #6505; thence along said Southwesterly right-of-way of Sycamore Street South 49°07'07" East a distance of 124.5 feet to the Easterly corner of Lot 1 in said Block 1 of the "Original Plat on the East side of the Cedar River, City of Waterloo", also being the Northerly corner of Vacated East 7'h Street, point being a found 11/4" square iron bar; thence along the Northeasterly line of said Vacated East 7`h Street South 49°32' East a distance of 79.95 feet to the Northerly corner of Lot 2 in said Block 22 of the "Original Plat on the East side of the Cedar River, City of Waterloo", point being a found 'A" rebar with license #7034; thence along the Southwesterly right-of-way line of said Sycamore Street South 49°041/4' East a distance 01149.7 feet to the Northerly corner of Lot 1 of said Block 22 of the "Original Plat on the East side of the Cedar River, City of Waterloo", point being a found 1/2 rebar with license #3862; thence along said Southwesterly right-of-way line of Sycamore Street South 49°061/2' East a distance of 149.1 feet to the point of beginning. Containing 3.82 acres. Subject to restrictions, easements, covenants, ordinances, and limited access provisions of record and not of record. Note: The Northeasterly line of Lot 1 in said Block 1 of the "Original Plat on the East side of the Cedar River, City of Waterloo" is assumed to bear South 49°07'07" East for this description. SHEET 3 OF 5 File Number: 2012-00018349 Seq: 3 Page 4 of 5 DESCRIPTION OF PROPOSED UTILITY EASEMENT (Po -4— 5A -N( i / Y Se-w1GR),Ks That part of Vacated Water Street generally Tying Southwesterly of Block 1 & Block 22 in the "Original Plat on the East side of the Cedar River, City of Waterloo", and part of the fractional land lying between the Cedar River and Block 1 & Block 22 in "Original Plat on the East side of the Cedar River, City of Waterloo", Black Hawk County, Iowa, described as follows: Commencing at the Easterly corner of said Block 22, point being a found 1/2" rebar with license #8033; thence along the Southeasterly line of said Block 22 in the "Original Plat on the East side of the Cedar River, City of Waterloo", also being the Northwesterly line of East 8`h Street and along the Southeasterly line of Acquisition Plat dated 11/8/2002 recorded in File #2003-00025496 in the Office of the Black Hawk County Recorder South 40°43' West a distance of 328.2 feet to the point of beginning; thence along the Southeasterly line of said Acquisition Plat recorded in File #2003-00025496 South 40°43' West a distance of 6.55 feet to a set 1/2" rebar with license #6505; thence North 48°42' West a distance of 207.8 feet to a set 1/2" rebar with license #6505; thence North 39°33' West a distance of 102.55 feet to a set 1/2" rebar with license #6505; thence North 48°55' West a distance of 82.45 feet to a set 1/2" rebar with license #6505; thence North 73°54' West a distance of 104.5 feet to a set 1/2" rebar with license #6505; thence North 49°30' West a distance of 17.5 feet to Southwesterly extension of Plat of Survey dated 3/17/2006 recorded in Fee Book #2006 23029 in the Office of the Black Hawk County Recorder, point being a set 1/2" rebar with license #6505; thence along said Southwesterly extension North 40°483/4' East a distance of 67.05 feet; thence South 48°283/4' East a distance of 115.55 feet; thence South 35°30' East a distance of 90.25 feet; thence South 46°39' East a distance of 301.0 feet to the point of beginning. Subject to restrictions, easements, covenants, ordinances, and limited access provisions of record and not of record. SHEET 4 OF 5 File Number: 2012-00018349 Seq: 4 Page 5 of 5 DESCRIPTION OF ACCESS EASEMENT 4-0 -1.1Nk.o i - The Southeasterly 30 feet of the following described That part of the above described Parcel "R" lying 20 feet on each side of the following described centerline; Commencing at the Easterly corner of said Block 22, point being a found 1/2" rebar with license #8033; thence along the Southwesterly right-of-way line of Sycamore Street North 49°061/2' West a distance of 149.1 feet to the Northerly corner of Lot 1 of said Block 22 of the "Original Plat on the East side of the Cedar River, City of Waterloo", point being a found 1/2 rebar with license #3862; thence along said Southwesterly right-of-way line of Sycamore Street North 49°041/4' West a distance of 149.7 feet to the Northerly corner of Lot 2 in said Block 22 of the "Original Plat on the East side of the Cedar River, City of Waterloo", point being a found 1/2" rebar with license #7034; thence along the Northeasterly line of said Vacated East 7th Street North 49°32' West a distance of 40.75 feet to the point of beginning of said centerline; thence South 40°043/4' West a distance of 315.95 feet to the Southwesterly line of the above described Parcel "R", point being the point of termination of said centerline. The side lines of the described strip are to be lengthened and shortened to terminate on the Northeasterly line of said Parcel "R" and the Southwesterly line of said Parcel "R". Dor- f s : "ter^ 'fpst_ c,, r* 2— DESCRIPTION OF UTILITY EASEMENT vel. (we 46haute so'c.�;d� s4r;p -----41-24-6"4:455) A 50 foot Utility Easement described as follows %see.. '4' k'1- * Sycitrm. reC,.-n,10s\4I008' s 1-r5'm That part of the above described Parcel "R" lying 20 feet on the Northwesterly side and 30 feet on the Southeasterly side of the following described centerline: Commencing at the Easterly corner of said Block 22, point being a found 1/2" rebar with license #8033; thence along the Southwesterly right-of-way line of Sycamore Street North 49°061/2' West a distance of 149.1 feet to the Northerly corner of Lot 1 of said Block 22 of the "Original Plat on the East side of the Cedar River, City of Waterloo", point being a found -1h rebar with license #3862; thence along said Southwesterly right-of-way line of Sycamore Street North 49°041/4' West a distance of 149.7 feet to the Northerly corner of Lot 2 in said Block 22 of the "Original Plat on the East side of the Cedar River, City of Waterloo", point being a found 1/2" rebar with license #7034; thence along the Northeasterly line of said Vacated East 7'h Street North 49°32' West a distance of 40.75 feet to the point of beginning of said centerline; thence South 40°043/4' West a distance of 315.95 feet to the Southwesterly line of the above described Parcel "R", point being the point of termination of said centerline. The side lines of the described strip are to be lengthened and shortened to terminate on the Northeasterly line of said Parcel "R" and the Southwesterly line of said Parcel "R". /i I�.aeo(— � n� 61j�0.,%LGr1-k2 DESCRIPTION OF UTILITY EASEMENT CCC•� $— 6S' The Northeasterly 8 feet of the Southeasterly 364 feet of the above described Parcel "R", lying adjacent to Sycamore Street. SHEET 5 OF 5 File Number: 2012-00018349 Seq: 5 Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director Council Communication l City Council Meeting: March 12, 2012 ia1 �4 trigCl2 Prepared: March 7, 2012ligit6( , j Rts Dept. Head Signature: 1 # of Attachments: q bretaktA,Ci l SUBJECT: Request to set the date of public hearing as March 26, 2012 for a request by the City of Waterloo to rezone 0.34 acres located at 820 Sycamore Street, from "C -P" Planned Commercial District to "R-4, R -P" Planned Multiple Residence District, to allow for the construction of a multi -family housing development. Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: Approval. Summary Statement: Transmitted herewith is a request by The City of Waterloo to rezone the former commercial property that it owns at 820 Sycamore Street from "C -P" Planned Commercial District to "R-4, R -P" Planned Multiple Residence district, which would allow for a developer to construct six 12 -unit condos on the property and adjoining property. The City is proposing to rezone this property from "C -P" Planned Commercial District to "R-4, R -P" Planned Multiple Family Residence District, to allow for a developer to construct a new multi -family housing development, which would encompass this property, and the adjacent property. The City of Waterloo owns the property in question, as well as the adjacent property, and it has been available for development in the past. The City did have an agreement with another developer to develop both this property and the adjacent property into housing and neighborhood commercial uses, but that plan fell through. A new developer has approached the City about developing both this parcel and the adjacent parcel into six 12-plex housing units. Therefore, rezoning this piece of land from "C -P", Planned Commercial District to match the rest of the adjacent property, which is zoned for multi -family housing, would appear to make sense. Expenditure Required: None Source of Funds: None required Policy Issue: Land Use and Economic Development CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Alternative: Background Information: The City of Waterloo has owned this property for several years now, and has been looking for a developer to develop this property. Legal Description: See attached Exhibit "A". AS:sg cc.• Noel Anderson, Community Planning & Development Director. --file-- 020' FOR THE LEGAL EFFECT OF THE USE OF THIS FORM, CONSULT YOUR LAWYER II FireTfor record, indexe and de were to the County Auditor this 16 th day of CL APR , 2002, at 4:00 o'clock P.M. and REAL ESTATE TRANSFER INDEX recorded in Book 682 of CITY IOT Deeds TAXPAID't/4E 997 MARGIN on pii.4L, PAObP COPARERecorder Rec. 1-5.00/ Aud. PATRICIA S.SAS 5.00/ Fees Paid WATERLOO PLANNING AND ZONINGFJtEGORDER REFUND 18.00 � l{/(p1�vBLACK HANUK DAT COUNTY Prepared by Sang -Ki Han, Assistant City Attorney, 715 Mulberry, Waterloo, IA, 50703, telephone number (319) 291-4327 TAX STATEMENT: City of Waterloo, N/A SPACE ABOVE THIS LINE FOR RECORDER WARRANTY DEED For the consideration of ($140,000.00) One Hundred Forty Thousand and no/100 Dollar(s) and other valuable consideration, plus costs Daniel P. Redding, a single person does hereby convey to CITY OF WATERLOO, IOWA the following -described real estate in Black Hawk County, Iowa: Lots Nos. One (1) and Four (4), except the in Block No. One (1), in the Original Plat, on Black Hawk County, Iowa, subject to the right-of-way Company, by deed recorded in Book 44 of Northwesterly twenty-three and one-half (231) feet thereof, the East Side of the Cedar River, in the City of Waterloo, conveyed to the Chicago Great Western Railway Town Lot Deeds, Page 587, of the records of said County. STATE OF IOWA BLACK HAWK CC) 16 FRF! r,edfor t.,dcitior1 -,,.AtHfftir fkipttty° This transaction exempt from Documentary Stamp and Declaration of Value per Iowa Code §428A.2(6) (2001). The grantors do hereby covenant with grantee, and successors in interest, that grantors hold the real estate by title in fee simple; that they have good and lawful authority to sell and convey the real estate; that the real estate is free and clear of all liens and encumbrances, except as may be above stated; and grantors covenant to Warrant and Defend the real estate against the Lawful claims of all persons, except as may be above stated. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the described premises. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. Dated: April 9, 2002 7)7,4e/i2 a0A47/ aniel P. Redding, a single person STATE OF IOWA, BLACK HAWK COUNTY, ss: On this 9th day of April, 2002, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Daniel P. Redding, to me known to be the identical person named in and who executed the foregoing instrument and acknowledged that he executed the same as his voluntary act and deed. i RECEIVED BLACK HAWK COUNTY (77 ASSESSOR ��• Notary Public in and for the State of Iowa W -682.m997 / r/A Request To Rezone 0.34 Acres from C -P Planned Commercial District to R -4,R -P Planned Multiple Residence District, for the purpose of constructing 6, 12 -unit condo buildings N A REQUEST: APPLICANT: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USES: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: DEVELOPMENT HISTORY: BUFFERS/ SCREENING REQUIRED: DRAINAGE: FLOODPLAIN INFORMATION: PUBLIC/OPEN March 6, 2012 TO REZONE 0.34 ACRES FROM "C -P" PLANNED COMMERCIAL DISTRICT TO "R-4, R -P" PLANNED MULTIPLE RESIDENCE DISTRICT, TO ALLOW FOR THE CONSTRUCTION OF A MULTI -FAMILY HOUSING DEVELOPMENT. City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703. The City of Waterloo is proposing to rezone the former commercial property that it owns to "R-4, R -P" Planned Multiple Residence district, which would allow for a developer to construct six 12 -unit condos on the property and adjoining property. The request to rezone the property would not have a negative effect on the area, as the surrounding property is already zoned "R-4, R- P", and this property would be included in the development of that adjacent property. The surrounding area has a mix of homes and commercial businesses, as it is located adjacent to the Central Business District. The rezone request itself wouldn't have an impact on traffic, however the proposed use (multi -family housing) would appear to cause an increase in traffic in the area. Sycamore Street is classified as a Collector Street on the Street Classification Map, and based on the surrounding street network, the area would appear to adequately support a development such as this. There is currently a sidewalk adjacent to this property, and it would remain after the development of the housing units. The Downtown River Loop Trail is located along the Cedar River is located directly to the south. The property in question are zoned "C -P" Planned Commercial District, and have been zoned as such since 04/17/06. Previously, the property was zoned "C-3" Central Business District. Properties to the north and west are zoned "C-3" Central Business District, while properties to the east are zoned "C-2" Commercial District, and the property to the south is zoned "R-4, R -P" Planned Multiple Residence District. The building on the property was constructed in 1920, and will be demolished to make room for the proposed housing development. There would not be any screening requirements for this development, although landscaping will be required per the Zoning Ordinance. There are no known drainage problems for the site. The property is located within Zone X — Protected by Levee as indicated by the Flood Insurance Rate Map No. 190025 301F and 302F. 03-06-12 Sycamore St Condos Rezone C -P to R-4, R-P.doc Page 1 of 2 SPACES/SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC: RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: March 6, 2012 The Cedar River is located adjacent to the south, as well as the Cedar River Recreational Trail. There is a 10" sanitary sewer line located within Sycamore Street, as well as a 12" water line. There is also a 15" storm sewer within Sycamore Street, which starts as the intersection of W 7th Street, and goes southeast. The Future Land Use Map (February 3, 2003) designates this site as Semi -Public, Utilities, and Hospitals. The rezone would allow for a new multi -family housing development. Although the rezone request would not appear to be compatible with the designation of the site, the request would be in conformance with the goals and policies of the Comprehensive Plan, including the policy to continue to support infill development in the community as an alternative to other types of urban expansion. The site is located within the Primary Growth Area. The City is proposing to rezone this property from "C -P" Planned Commercial District to "R-4, R -P" Planned Multiple Family Residence District, to allow for a developer to construct a new multi- family housing development, which would encompass this property, and the adjacent property. The City of Waterloo owns the property in question, as well as the adjacent property, and it has been available for development in the past. The City did have an agreement with another developer to develop both this property and the adjacent property into housing and neighborhood commercial uses, but that plan fell through. A new developer has approached the City about developing both this parcel and the adjacent parcel into six 12-plex housing units. Therefore, rezoning this piece of land from "C -P", Planned Commercial District to match the rest of the adjacent property, which is zoned for multi -family housing, would appear to make sense. The applicant is not proposing to subdivide the property at this time. Therefore, staff recommends the request to rezone the properties from "C -P" Planned Commercial District to "R-4, R- P" Planned Multiple Family Residence District be approved for the following reasons: 1. The request would appear to have a positive impact on the area, by redeveloping an unused property. 2. The request would be in conformance with the Comprehensive Plan, and would be a good infill development that would utilize existing utilities and services. 3. The request would appear to meet all requirements of the Zoning Ordinance. 03-06-12 Sycamore St Condos Rezone C -P to R-4, R-P.doc Page 2 of 2 Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: MARC Prepared: March 7, 2012 Dept. Head Signature: # of Attachments: 1)46 "*019912-- "a `&ad��s :,�p�l OLct J. r�to�— SUBJECT: Resolution setting date of hearing as March 26, 2012 to approve request by the City of Waterloo to rezone approximately 1,710 square feet from "R-4" Multiple Residence District to "C-1" Neighborhood Commercial District, property located at 1019 South Street for construction of additional parking for the adjacent Kwik Star store. Submitted by: Noel Anderson, Community Planning and Development Director Recommended City Council Action: Set a date of public hearing on the rezoning request and publish an official notice pertinent to the requested rezoning. Summary Statement: Transmitted herewith is a request set a date of hearing to approve request by the City of Waterloo to rezone approximately 1,710 square feet from "R-4" Multiple Residence District to "C-1" Neighborhood Commercial District, property located at 1019 South Street for construction of additional parking for the adjacent Kwik Star store. Expenditure Required: None Source of Funds: N/A Policy Issue: Rezone Legal Description: Does Addition the Northeasterly 37.50 ft of the Southeasterly 1/4 of Lot 8 and the Northeasterly 37.50 FT of the Northwesterly 1/2 of Lot 9 All In Block 7 of the City of Waterloo, Black Hawk County, Iowa. Background Information: The proposed rezone area consists 1,710 SF located at 1019 South Street. The property in question should have been rezoned in November 13, 2000 and has been used for parking purposes without incident since. CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer It would not appear that the rezone would have a negative impact upon the surrounding area or other surrounding land uses. All of the homes directly affected have signed the rezone application and staff has heard no objections to the request. Staff would note that commercial vehicular use areas require an approved buffer from residentially zoned areas in the form of either a privacy fence or a similar visual barrier. A rezone was unanimously passed on November 13, 2000 to allow an additional parking area for the adjacent lot to the southeast but the lot in question was not included. At that time the Planning and Zoning Commission recommended that commercial zoning should not be extended further north into the existing neighborhood. The area has served as a parking area since 2000 without incident. The convenience store located at 506 W 9th Street currently appears to have approximately 10 spaces available for parking on site and an additional 12-13 spaces available from land they have previously purchased and rezoned across the alley. The area in question provides about 4 of those spaces. The Zoning Ordinance requires that 20 parking spaces be provided for a convenience store of this size. Currently the applicant appears to be meeting the minimum requirements but additional parking would appear to help alleviate congestion at peak hours. At their March 6, 2012 meeting, the Planning, Programming and Zoning Commission unanimously recommended approval of the request. cc: Noel Anderson, Community Planning & Development Director Path: \ \Alomain \waterloo \USERS \Planning \Adam \Council Letters\letter Rezone from R-4 to C-1 Waterloo for Quick Star 3.12.12.doc Request To Rezone 1,710 SF from R-4 Multiple Residence District to C-1 Commercial District, for the purpose of legalizing existing parking used by Kiwk Star. Kwik Trip, Inc Rezone/Alley Vacate Request Photos Looking at 519 W 8th Street. The applicant is purchasing this home to construct a new parking lot for the business. This property will need to be rezoned. Looking behind 1009 and 1017 South Street, where the applicant is purchasing some land to construct a new parking lot. This area will need to be rezoned. Looking at the alley to be vacated between W 9th Street and W 8th Street. Looking behind the business that the applicant recently acquired for their expansion. Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: MARCH 12, 2012 Prepared: March 7, 2012 Dept. Head Signature: I L # of Attachments: j.) -- Aft /Au /yea X552• okkr\tLitAct t 1 J SUBJECT: Resolution setting date of hearing as March 26, 2012 to approve request by Kwik Trip, Inc. to rezone approximately 8,277.5 square feet from "R-4" Multiple Residence District to "C-1" Neighborhood Commercial District, property located at 519 W 8th Street, 1009 South Street, and 1017 South Street for construction of additional parking for the adjacent Kwik Star store. Submitted by: Noel Anderson, Community Planning and Development Director Recommended City Council Action: Set a date of public hearing on the rezoning request and publish an official notice pertinent to the requested rezoning. Summary Statement: Transmitted herewith is a request set a date of hearing to approve request by Kwik Trip, Inc. to rezone approximately 8,277.5 square feet from "R-4" Multiple Residence District to "C-1" Neighborhood Commercial District, property located at 519 W 8th Street, 1009 South Street, and 1017 South Street for construction of additional parking for the adjacent Kwik Star store. Expenditure Required: None Source of Funds: N/A Policy Issue: Rezone Legal Description: See attachments ( 3 mss) Background Information: The proposed rezone area consists 8,227.5 SF located at 519 W 8th Street, 1009 and 1017 South Street. The applicants have requested this rezone to use the area in question to expand their parking lot. It would not appear that the rezone would have a negative impact upon the surrounding area or other surrounding land uses. All of the homes directly affected have signed the rezone application and staff has heard no objections to the request. CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Staff would note that commercial vehicular use areas require an approved buffer from residentially zoned areas in the form of either a privacy fence or a similar visual barrier. A similar rezone was unanimously passed on November 13, 2000 to allow an additional parking area across the alley. At that time the Planning and Zoning Commission recommended that commercial zoning should not be extended further north into the existing neighborhood. The area has served as a parking area since 2000 without incident. The convenience store located at 506 W 9th Street currently appears to have approximately 10 spaces available for parking on site and an additional 12-13 spaces available from land they have previously purchased and rezoned across the alley. The Zoning Ordinance requires that 20 parking spaces be provided for a convenience store of this size. Currently the applicant appears to be meeting the minimum requirements but additional parking would appear to help alleviate congestion at peak hours. At their March 6, 2012 meeting, the Planning, Programming and Zoning Commission unanimously recommended approval of the request. cc: Noel Anderson, Community Planning & Development Director Path: \\Alomain\waterloo\USERS\Planning\Adam\Council Letters\letter Rezone from R-4 to C-1 Quick Star 3.12.12.doc REQUEST: APPLICANT: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: DEVELOPMENT HISTORY: BUFFERS/ SCREENING REQUIRED: DRAINAGE: 3.6.12 Rezone R4 to C1 — Kwik Trip March 6, 2012 Request to rezone 8,227.5 SF located at 519 W 8th Street, 1009 and 1017 South Street from "R-4" Multiple Residence District "C-1" Commercial District. Kwik Trip Inc. 1626 Oak Street, La Cross WI, 54602 The applicant is requesting to rezone an area southwest of the existing Kwik Star store located at 506 W 9th Street for the purpose of creating additional parking for the existing store. It would not appear that the rezone would have a negative impact upon the surrounding area or other surrounding land uses. Surrounding land uses include commercial to the east and west, Highway 218 to the north, and residential to the south. The proposed rezone would not appear to have a negative impact on traffic conditions. The applicant intends to use the rezone area for additional parking. As part of a separate request, the applicant also is requesting that the alley is vacated. The applicant owns both sides of the alley so the alley would appear to no longer appear to be needed. The 218 Trail is located approximately 400' to the northeast of the rezone area along the opposite side of Highway 218. The site in question is zoned "R-4" Multiple Residence District and has been since the adoption of the Zoning Ordinance in 1969. Surrounding land uses and their zoning are as follows: North — Highway 218 and "M-1" Light Industrial zoned property across the highway. South — Single-family and Multi -family residential development zoned "R-4" Multiple Residence District. Kwik Star does have an additional parking area located across the alley which was rezoned in November of 2000 from "R-4" Residential District to "C-1" Commercial District for the purpose of adding an additional 13 parking stalls. East —A convenience store zoned "C-2" Commercial District. West — Vehicle sales lot zoned "C-2" Commercial District. The surrounding area is comprised of single-family and multi -family residential development constructed near 1900 and commercial properties built in the 1970's. The land in question is proposed to be used as a parking lot. Vehicular use areas for commercial properties are required to be screened from nearby residentially zoned properties including the properties to the south. Drainage would not appear to be affected by the request. An appropriate drainage plan must be approved by the Engineering Page 1 of 3 13 FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — March 6, 2012 Department prior development. The property in question is not within the 100 -year flood plain and is located within the Zone X as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0302F, dated July 18, 2011. Lowell Elementary is located approximately 1/3 of a mile to the southeast along Highway 218. There is a 10" sanitary sewer located within South Street and a 18" storm sewer and 4 " drain tile located within 9th Street. There are no known utilities within the alley or within 8th Street. The Future Land Use Map designates this area as Mixed Residential, which would allow for neighborhood commercial development. The rezone request is in conformance with the Future Land Use Map and Comprehensive Plan, and is located within the Primary Growth Area. The proposed rezone area consists 8,227.5 SF located at 519 W 8th Street, 1009 and 1017 South Street. The applicants have requested this rezone to use the area in question to expand their parking lot. It would not appear that the rezone would have a negative impact upon the surrounding area or other surrounding land uses. All of the homes directly affected have signed the rezone application and staff has heard no objections to the request. Staff would note that commercial vehicular use areas require an approved buffer from residentially zoned areas in the form of either a privacy fence or a similar visual barrier. Staff would note that the applicants have also applied to vacate the alley separating the rezone area from the principle permitted use. The applicants own the land on both sides of the alley and the alley does not appear to be needed for access purposes. A similar rezone was unanimously passed on November 13, 2000 to allow an additional parking area across the alley. At that time the Planning and Zoning Commission recommended that commercial zoning should not be extended further north into the existing neighborhood. The area has served as a parking area since 2000 without incident. Staff would note that convenience store located at 506 W 9th Street currently appear to have approximately 10 spaces available for parking on site and an additional 12-13 spaces available from land they have previously purchased and rezoned across the alley. The Zoning Ordinance requires that 20 parking spaces be provided for a convenience store of this size. Currently the applicant appears to be meeting the minimum requirements but additional parking would appear to help alleviate congestion at peak hours. 3.6.12 Rezone R4 to C1 — Kwik Trip Page 2 of 3 14 SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: 3.6.12 Rezone R4 to C1 — Kwik Trip March 6, 2012 There is platting required as a part of this request. Therefore, staff recommends that the request to rezone from "R-4" Multiple Residence District to "C-1" Commercial District be approved for the following reasons: 1. The proposed rezone area is in conformance with the Comprehensive Plan and Future Land Use Map, which designates this area as Mixed Residential, which would allow for neighborhood commercial development. 2. The site in question would not appear to have a negative impact on the neighborhood or traffic conditions. Page 3 of 3 15 Request To Rezone 8,227.5 SF from R-4 Multiple Residence District to C-1 Commercial District, for the purpose of creating additional parking for Kwik Star Ib . .................. Washington Street (U.S.NHolo ,.615 WaNA y N60. a tay.. 7I- rot tw Know what's below. Call before you dig. PLOTTING NOTE PLANS blur 'CO ro R07 SHEET Sia ARE !j SCALE- SITE PIAN KPYNOTPP I. LANDSCAPE AREA. REPAIR ALL DISTURBED ROILS WITH NEW 900 P -STREET PARKING STALLS STRIPING - a WIDE STALL LINES, USE HIGH VISIBILITY WHITE PAINT. PACE. PROVIDED 1171 PROPOSED M'6'M 10-011 PARKING STALLS 1161 EXISTING SERVICE POINTS IID EXISTING GENERAL PARKING D.A sccess be PARKING SPACE WITH LOADING ZONE. PROVIDE APPROPRIATE STRIPING ANO PAVEMENT MARKINGS. 4. e HIGH VIlt1.11Y, PAVEMENT eTRIPING, LANE MARKINSS AND TEXT. COLOR, HC MARKINGS- BLUE, ALL OTHERS YELLOW. IP 6. DEPTH IMIN) CONCRETE SLAB-0l1-ORAOE WITH 00 RERAN. CONCRETE SEALER: TK -101.1X 0. SAPID CONCRETE CMD AND (RITTER PER DETAIL 7. SITE AREA LIGHT. REUSE EXISTING CONCRETE BASEINSTALL NEW POE AND FIXTURE. 8. STORM STRUCTURE. SEE SHEETS SPE POR FURTHER STORM SEWER INFORMATION. A. CATCH SARIN CURD INLET PER DETAIL ---. S 00• HT, 6P DIA. CONCRETE FILLED PIPE BOLLARD PM DETAIL ----- 10. EXISTING DISPENSER ISLAND CANOPY II. EXISTING CONCRETE ISLAND. 11. EXISTING UNDERGROUND FUEL STORAGE TANKS PER OWNER. 10. EXTERNAL TRASH ENCLOSURE WITH MAINTENANCE SHED TO MATCH ARCHITECTURE 14. EX. TRADEMARK SIGN TO REMAIN 1S. BITUMINOUS REPAIR ALON9 CONCRETE EDGE N. .•INTEGRAL CONCRETE CURD/ WALK. SEE DETAIL FOR NON -PLUSH SECTIONS. CONCRETE SEALER: TK-1WV 17. AUTO VACUUM PER KWIK TRIP ON CONCRETE TOOTING. PROVIDE TRASH CONTAINER 18. CAR WASH KCY PAG/ CONTROLLER. PROVIDE TRASH CONTAINER. 611 CONCRETE P. WITH SNOW MELT PER MECHANICAL PLANE S0. a' DEPTH CONCRETE WALK/ PAD PER DETAIL 403P7. 31. P DEPTH CONCRETE APPROACH ZONING 506W 975 SUTRA G1, Commerdel DIMHd, 1MC, Highway 218 Co0Mor OVe1ey District usE MINIMUM AREA FARIIMUIN LOTATOTHFRONT TARO NMMNM .IDETARD REAR YARD NDGHT NomMaosA to FF. 00w.lot e,es3p naa w. yr M 330331334 se sinseemos *sesta., ItsW n s SOURCE OF INFORMATION: C114=0=11•13 114 iOw. wrw R w OrONNN6www.P,T ZONING 1002-1004 Weehinglon StreM8505.511 W. 80h Street: Current Zoning: C-2, Comae/alai 01ebMl, H -C, Highway 218 Cor leor Overlay DIstrICt USE MINIMUM or AREA NINMUM LOT WIDTH MINIMUM PRONTTARD MINIMUM BIDE YARD MINIMUM REARTARD GAR HEIGHT talmsom 1180. ,2w SOIL 111 A Mons SpresiNtd Mviw..▪ sx w stales SO bra IrnalnPaaaaysysante sem .33 3:13. nasOM • RCE OF arta rt awre INFORMATION: slot.. manner Wiry 21143511 GUMMI' .3,1113.3111633. 001311/6131C13, 0.11.1111C13 H43111,33r31y2IS 0nwY701•6101 COMM, Ore 013 WA11.11.011233111340 OBINy Information CONSTRUCTION NOT, CONSTRUCTION FENCING TO BE INSTALLED AROUND ENTIRE CONSTRUCTION SITE COORDINATE WITH OWNER FOR FENCING AND GATE LOCATIONS AND APPROPRIATE SIGNAGE INSTALLATION. LAYOUT NOTES: SITE PLAN PREPARED FROM waver BY VJ euemeeRIN6 99-2666-5639 o -7-D REFER TO SURVEY FOR ADDITIONAL LOT 012606ION5 AND INFORMATION FOR SITE LAYOUT PRIOR TO CONSTRUCTION. 1. CURBS ARE DIMENSIONED TO FACE OF CURB. B. CAR WASH I5 LOCATED FROM THE SW CORNER OP THE EXISTING BUILDING AND ALIGNED PARALLEL/ PERPENDICULAR TO THE FRONT FACE OF THE SAID BUILDING 4. UNLESS SHOWN OTHERWISE ON THIS DRAWING, CONTRACTOR SHALL PROVIDE CONTROL JOINTS, CONSTRUCTION JOINTS, AND EXPANSION JOINTS IN SLAB ON GRADE, SIDEWALKS AND DRIVES. CONTROL JOINT MAXIMUM DISTANCE: WALKS 8' D.C. ALL OTHERS- 10' 0.0. SAW CUT CONTROL JOINTS MINIMUM ONE-OVARTER CONCRETE THICKNESS. EXPANSION JOINT MAXIMUM DISTANCE: WALKS- 2W 0.C, ALL OTHERS- 40' 0.C. DOWEL ALL EXPANSION JOINTS- MAXIMUM 245 0.C. 5. EXTERIOR CONCRETE SURFACES TO DE 564100. CONCRETE SEALER: TK-26UV Gee 0 Eledrle Telephone Coot* nom 3 11.223not Cootool Mann 1 Res Unto Carew P.m .13211.713137501 Oft" 01114714•49. es. Cannel Pilo. 3 sis3333333Stos Chun Ems.:*03 Sanitary 80torm Sewers 01.1.0.111.19111.911111 . 31.911311 Water Consul Mon 311133.491143 Xw/K TRIP STORES Xw/K STA, STORES KWIK TRIP, Inc. P.O. BOX 2107 1620 OAK STREET LACROSSE, WI 64002-2107 PH. (008) 781-8888 FAX 1008) 781.8900 INSITES z Q J a W F N 00 cn W 0 H co cn Q a 0 0 a 0 W H. U p wa Z Ly W • 0 Z V • m N2 QOOTL DESCRIPTION -1311 R.07 E61are 1210-2 SETBACK/ LOT SPLIT DRAWN DT SCALE PROD. N0. DATE SHEET 0R4PH1C 1010 11 -BO SFI1'* Legal Description Zone Change of 1017 South Street The Northeasterly 37.5 feet of The Northwest Forty-five (45) feet of Lot No. Eight (8), in Block No. Seven (7) in Doe's Addition to the Village (now City) of Waterloo, Black Hawk County, Iowa. 19 Legal Description Zone Change of 1009 South Street The Northeasterly 37.5 feet of Lot No. Seven (7), in Block No. Seven (7), in Doe's Addition to Waterloo, Black Hawk County, Iowa. 22 Legal Description Zone Change of 519 W 8th Street Northeast 1/2 of Lot 6 in Block 7 in Does Addition to the City of Waterloo, Black Hawk County, Iowa. I Fnd "X" in Concrete w e.,2 . a N O O rn oN .- N.. S48°13'02"E Cut "X" ink Concrete Plat of Survey Legal Description: The Northeasterly 37.5 feet of The Northwest Forty-five (45) feet of Lot No. Eight (8), in Block No. Seven (7) in Doe's Addition to the Village (now City) of Waterloo, Black Hawk County, Iowa. Lot 4 Lot 3 Block 7 Doe's Addition City of Waterloo Fnd "X" in Black Hawk County, Iowa Fnd"X"in N48°13'02"W Concrete N48 -13'02'W Concrete 121.34' % 178.48' (178.48') Public Alley 20' R.O.W. Lot 2 W. 8TH STREET w 121.77' Fnd 1"0 • Pinched Pipe w Fnd 1"0 S48°13'02"E Hollow Pipe S48°13'02"E 136.42' Fnd 5/8"0 (136.42') Rebar w/ Red i, 6'Wood Cap#12088 M I Privacy Fence i. co Fnd 1/2"0 Rebar w/ m Yellow Cap #9961 2.55 - EXfrom Property Corner (not used in solution) 1712 Sq. Ft., o 0.039 Ac. z = co 4' Woven Wire r.—"—"_c Fence -„,41 �2- Fen " N48°13'02"W 45.65' 4705 Sq. Ft., 0.108 Ac. to Fnd 2"0 Hollow Pipe 2.15' NE of Corner Fnd 5/8" Rebar w/ Red Cap 12088 Lot 8 4' WovenLot 9 Wire Fenie r 20' Sel7iack I PP Al 3oI N... 1 z7. • Woven wr Fence 23.13' 20' Setback rm N48°13'41"W Fnd 1" Sq. Bar 45.59' (45') SOUTH STREET Notes: 1.) Survey Requested by :Convenience Store Investments, Inc. 2.) Proprietor: Mary L. Britton 3.) The Northeasterly line of Lot 8 Block 7 Doe's Addition is assumed to bear S48°13'02"E. 4.) All Dimensions are in Feet and Decimals thereof. 5.) The error of closure is better than 1:10,000 6.) Field work was completed 12/11/11 7.) The differences between the measured and record dimensions do not crea e any gaps or overlaps. *Fnd 1/2"0 N48°13'41 "W Hollow Pipe 136.71' SE Cor. Block 7 Fnd 1/2"0 Rebar w/ Yellow Cap #9961 • This Plat or Subdivision has been reviewed by the City of Waterloo. Signature of City of Waterloo Ordinance Administrator Date 01111Wa/ry LAND �?: ° a°.s�gc O • 12088 .m-42 Wendell J. : 9t s • Lupkes = %•°••.... .*. 1 hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and that I am a duly licensed Land Surveyor under the laws of the State of Iowa. WENDELL J. LUPKES, L.S. License number 12088 My license renewal date Is December 31, 2012 Pages or sheets covered by thls seal: DATE FEATURE LEGEND O SET 5/810 X 24" REBAR W / RED CAP L.S. #12088 • PROPERTY CORNER FOUND A SET SECTION CORNER ® SECTION CORNER FOUND 100.00 DIMENSION OF SURVEY (100.00) DIMENSION OF RECORD 0 15 30 60 M 00 VJ Engineering 1501 Technology Parkway Cedar Falls, Iowa — 319-266-5829 Plat of Survey NEIy 37.5' NW 45' Lot 8, Doe's Addition scale 1._30, fab WJL date 2-9-2012,2 0 Fnd "X" in Concrete W. 8TH STREET Plat of Survey Legal Description: The Northeasterly 37.5 feet of Lot No. Seven (7), in Block No. Seven (7), in Doe's Addition to Waterloo, Black Hawk County, Iowa. Lot 5 N48°13'02'W 70.68' (70.68') rnco N z Cut "X" in Concrete w 0) z Z S48°13'02"E Fnd "X" in Concrete Lot 4 Block 7 Doe's Addition City of Waterloo Black Hawk County, Iowa Fnd "X"in N48°13'02"W Concrete 50.66' (50') Public Alley 20' R.O.W. S48°13'02"E Lot 3 60.89(60') Lot 6 N48°09'25"W Fnd 1"0 Hollow 60.89(60') Pipe wl Metal Cap (Bent) -5' Wood Privacy Fence 2283 Sq. FL, 0.052 Ac. N48°13'02"W 60.90' rn Northeasterly 3 0 j`_ Fnd 1"0 60.91' Pinched Pipe Fnd 1"0 Pinched Pipe wo a to <a Z� 4' Chain Link Fence 6283 Sq. FL, 0.144 Ac. r 11:5'Setbac- I w) 101ro 4' Woven Wire + Fence Lot 7 20Setback N N48°13'41' W 3 -o e`. ro a o 19.62' L J Fnd 2"0 Hollow Pipe 2.15' NE of Corner Fnd 1"0 Hollow Pipe S48°13'02"E 45.67' (45') Lot 8 Fnd 1/2"0 Hollow Pipe Notes: 1.) Survey Requested by :Convenience Store Investments, Inc. 2.) Proprietor: Richard & Jacqueline Kaough 3.) The Northeasterly line of Lot 7 Block 7 Doe's Addition is assumed to bear S48°13'02"E. 4.) All Dimensions are in Feet and Decimals thereof. 5.) The error of closure is better than 1:10,000 6.) Field work was completed 12/11/11 7.) The differences between the measured and record dimensions do not create any gaps or overlaps. 60.93'(60') Fnd 1" Sq. Bar SOUTH STREET 0) N48°13'41' W 45.59' (45') S48°13'02"E 136.42' (136.42') Fnd 5/8"0 Rebar w/ Red Cap #12088 SE Cor. Block 7 Fnd 1/2"0 Rebar w/ Yellow Cap #9961 N48°13'41"W 136.71' This Plat or Subdivision has been reviewed by the City of Waterloo. Signature of City of Waterloo Ordinance Administrator Date atpWaNNN//p p LAND Ss • iJ: 12088m-�s Wendell J. : °_ Lupkes 444p/ammZt" I hereby certify that this land surveying document was prepared and s the related survey work was performed by me or under my direct personal supervision and that I am a duly licensed Land Surveyor under the laws of the State of Iowa. WENDELL J. LUPKES, L.S. License number 12088 My license renewal date is December 31. 2012 Pages or sheets covered by this seal: DATE FEATURE LEGEND o SET 5/8"0 X 24" REBAR W / RED CAP L.S. #12088 PROPERTY CORNER FOUND A SET SECTION CORNER ® SECTION CORNER FOUND 100.00 DIMENSION OF SURVEY (100.00) DIMENSION OF RECORD 0 15 30 60 0 00 CV VJ Engineering 1501 Technology Parkway Cedar Falls, Iowa — 319-266-5829 Plat of Survey Northeasterly 37.5' Lot 7, Doe's Addition SCCle 1'.30' drawn by wn date 2-9-2012/f 3 Lot 5 Fnd "X" in Concrete N48° 13'02"W w 70.68' (70.68') W. 8TH STREET cn _ cr in o o ▪ O N S48° 13'02"E Cut "X" in 60.89'(60') Concrete N41 °55'13"E i0 0 Fnd "X" in Concrete Lenna Brown Property 519 West 8th Street Lot 6 N48°09'25"W N41 °53'55"E 70.51' Lot 4 Block 7 Doe's Addition City of Waterloo Black Hawk County, Iowa Fnd "X" in N48° 13'02"W Concrete 50.66' (50') Public Alley 20' R.O.W. • S48° 13'02"E O N. d O M M Fnd 1"0 Hollow 60.89'(60') Pipe w/ Metal Cap (Bent) 5' Wood Privacy Fence 2283 Sq. Ft., 0.052 Ac. N48° 13'02"W 60.90' in r- A .7 a) a) 0 z O 10 N M r Fnd 1"0 60.91' Pinched Pipe Fnd 1"O Pinched Pipe 4' Chain Link Fence O ti 1 w i0 10 M 10 z 6283 Sq. Ft., 0.144 Ac. 20' Setback- Cr) etbac c - ti i0 M O 16.39' E 5' Tetback 4' Woven Wire I Fence I Lot 7 10.8' )9 20' Setback ti rn M N N48°13'41"W 60.93'(60') SOUTH STREET EDI 19.62' J S41 °52'45"W Fnd 2"0 Hollow Pipe 2.15' NE of Corner Fnd 1" Sq. Bar li 25 Kwik Trip, Inc Rezone/Alley Vacate Request Photos Looking at 519 W 8th Street. The applicant is purchasing this home to construct a new parking lot for the business. This property will need to be rezoned. Looking behind 1009 and 1017 South Street, where the applicant is purchasing some land to construct a new parking lot. This area will need to be rezoned. Looking at the alley to be vacated between W 9th Street and W 8th Street. Looking behind the business that the applicant recently acquired for their expansion. 26 Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: M. Prepared: March 7, 2012 Dept. Head Signature: # of Attachments: 12 2012 tot 6 t 3'9* I90, 1k5skk NO41-'t/ OFoNaLvLcE 5ioif SUBJECT: Request to set the date of public hearing as March 26, 2012 for a request by Hy -Vee, Inc. to rezone 1.26 acres located at 3700 University Avenue from "R-1" One and Two Family Residence District to "C-2" Commercial District, for the purpose of legalizing the existing mini -storage business. Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: Approval Summary Statement: Transmitted herewith is a request by Hy -Vee, Inc. to rezone 1.26 acres located at 3700 University Avenue from "R-1" One and Two Family Residence District to "C-2" Commercial District, for the purpose of legalizing the existing mini -storage business. It would not appear that the rezone would have a negative impact upon the surrounding area or other surrounding land uses. Currently, there is a mini -storage development upon the site in question, with the buildings being constructed in 1972 and 1977. It would appear that the buildings were constructed as an accessory use to the previous agricultural use. No new development is planned for the area in question, and it is planned that the existing storage buildings will remain, thus the use of the property is not changing. The Zoning Ordinance allows for mini -storage development within the "C-2" Commercial District, subject to the issuance of a Special Permit by the Board of Adjustment. The Planning and Zoning Commission and the Board of Adjustment would review the location for compatibility of surrounding, highest and best use of land, and proximity to a major thoroughfare. The intent of this provision is that mini -storage developments in the "C-2" Commercial District be situated towards the rear of a highly visible commercial property. However, since these units were constructed in the 1970s before this particular ordinance was adopted in 2004, it would not be necessary for these mini -storage buildings to go through the special permit review process. At their March 6 2012 Planning, Programming and Zoning Commission meeting, the Planning and Zoning Commission unanimously recommended approval of the CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer rezone request. Please find attached a staff report, aerial photo, and legal description, detailing the area in question. Therefore, we request the City Council set a date of public hearing on the rezoning request as March 26, 2012, and publish an official notice pertinent to the requested rezoning. If you have any questions, please do not hesitate to contact our office. Expenditure Required: None Source of Funds: N/A Policy Issue: Land Use Alternative: N/A Background Information: Legal Description: See attached Exhibit "A" NA: to cc: Aric Schroeder, City Planner Eric Thorson, City Engineer --file-- REQUEST: APPLICANT: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: DEVELOPMENT HISTORY: BUFFERS/ SCREENING REQUIRED: March 6, 2012 Request to rezone approximately 1.26 acres of land from "R-1" One and Two Family Residence District to "C-2" Commercial District. Hy -Vee, Inc., 5820 Westown Parkway, West Des Moines, IA 50266 The applicant is requesting to rezone the property at 3700 University Avenue for the purpose of legalizing an existing mini - storage development. It would not appear that the rezone would have a negative impact upon the surrounding area or other surrounding land uses. Currently, there is a mini -storage development upon the site in question, with the buildings being constructed in 1972 and 1977. It would appear that the buildings were constructed as an accessory use to the previous agricultural use. However, those buildings were rented out to those needing to store their belongings. Mini -storage is not a permitted use in the "R-1", and rezoning the land to "C-2" would legalize their use. The proposed rezone is located at 3700 University Avenue, just east of K -Mart Plaza. University Avenue is just to the south of the rezone area and is classified as a Principal Arterial. Recently, a sidewalk was constructed along the north side of University Avenue with ADA funds. The Greenhill Road Trail is located approximately 1/4 of a mile to the east along Greenhill Road. The site in question is zoned "R-1" One and Two Family Residence District, and has been zoned as such the adoption of the Zoning Ordinance. Surrounding land uses and their zoning are as follows: North — Single-family residential development, zoned "R-1" One and Two Family Residence District. South — Existing commercial development and University Avenue, zoned "C-2" Commercial District. East — Single-family residential development, zoned "R-1" One and Two Family Residence District. West — Existing commercial development, zoned "C-2" Commercial District. The surrounding area is comprised of a multitude of different uses, ranging from single-family residential development and heavier commercial uses, such as including K -Mart and Hy -Vee. Much of the development in the area was constructed in the 1960s to the 1980s. Rezoning of the land in question would not require any additional buffering or screening. 3.6.12 Rezone R1 to C2 — 3700 University Ave Page 1 of 3 March 6, 2012 DRAINAGE: Rezoning of the land would not appear to have a negative impact upon the surrounding area. FLOODPLAIN: No portion of the rezone 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. PUBLIC /OPEN Valley View Park is located approximately 1/4 of a mile to the east at SPACES/ SCHOOLS: the intersection of Greenhill Road and Maynard Avenue. Central Middle School is located approximately % of a mile to the south near Downing Avenue and Katoski Drive. UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. There is an 8" sanitary sewer located within University Avenue to the south and east. There is also an 8" sanitary sewer located to the north in Macallan Lane. There is a 15" storm sewer located within University Avenue to the south. RELATIONSHIP TO The Future Land Use Map designates this area as Commercial, COMPREHENSIVE which would allow for commercial development. The rezone LAND USE PLAN: request is in conformance with the Future Land Use Map and Comprehensive Plan, and is located within the Primary Growth Area. STAFF ANALYSIS — The proposed rezone area consists of 1.26 acres of land located at ZONING 3700 University Avenue, which is the location of the former Platt's ORDINANCE: Nursery site. The applicant is requesting to rezone the property in question to legalize 2 mini -storage buildings, which were built in 1972 and 1977. Mini -storage development is not a permitted use in the "R-1" One and Two Family Residence District, therefore the rezone to "C-2" is needed to legalize their use. It would not appear that rezoning the land to "C-2" Commercial District would have a negative impact upon the surrounding area, most specifically the residential uses to the east. No new development is planned for the area in question, and it is planned that the existing storage buildings will remain, thus the use of the property is not changing. The Zoning Ordinance allows for mini -storage development within the "C-2" Commercial District, subject to the issuance of a Special Permit by the Board of Adjustment. The Planning and Zoning Commission and the Board of Adjustment would review the location for compatibility of surrounding, highest and best use of land, and proximity to a major thoroughfare. The intent of this provision is that mini -storage developments in the "C-2" Commercial District be situated towards the rear of a highly visible commercial property. However, since these units were constructed in the 1970s before this particular ordinance was adopted in 2004, it would not be necessary for these mini -storage buildings to go through the special permit review process. 3.6.12 Rezone R1 to C2 — 3700 University Ave Page 2 of 3 STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: March 6, 2012 There is platting required as a part of this request. Therefore, staff recommends that the request to rezone from "R-1" One and Two Family Residence District to "C-2" Commercial District be approved for the following reasons: 1. The proposed rezone area is in conformance with the Comprehensive Plan and Future Land Use Map, which designates this area as Commercial, which would allow for a mini -storage development. 2. The site in question would appear to provide sufficient space to meet all required regulations including setbacks, drainage, landscaping, screening, etc. 3. It would not appear that rezoning the land to "C-2" Commercial District would have a negative impact upon the surrounding area, as this rezone is legalizing an existing use, and there is no plans to change the current use of the property. 3.6.12 Rezone R1 to C2 — 3700 University Ave Page 3 of 3 Request to Rezone 1.26 Acres from "R-1" One and Two Family Residence District to "C-2" Commercial District for the Purpose of Legalizing the Existing Mini -storage Business. Proposed Rezone Area "R-1" to "C-2" 1.26 Acres Hy -Vee, Inc Rezone/Plat Request Photos Looking at the existing storage buildings located on the property. These will be rezoned to commercial. Looking at the existing storage building located on the property. This will be rezoned to commercial. Looking at the existing building on the property. This will be demolished to make room for the new gas station/car wash. Looking at the existing building on the property. This will be demolished to make room for the new gas station/car wash. Hy-Vee, Inc Rezone/Plat Request Photos Standing at the entrance to the property looking towards University Avenue. Looking west of the property at additional commercial properties. APPLICATION ll~ORREZO�� 1T OF WA'r RLOO�C COMMISSION A� WATERLOO, IOWA 319.291.4366 1. APIA1.CA'f10 OR1 Tr 1 - lease print): H -vee, Inc. c/o defy te'257-2$19 _ - — a. Applicants nye (p Phone: Address: 5620 Westown dip: 50�6f City: West Oes Moines Mata: to If other explain: a Owner (b) Other X (C13EC O h. Status of applicant: ( ) Contract 13u er rixlt Garber Develo ment, LC Julie and Matt Gardner) vwnees same if gent t►an above (please p ) _pax c. Properly p0 Box 2751 Phone: 319 404-873650704 Address: State: IA Zip: City: Water{ao 2.gROP JFaTION: a. General location of prop' to be rezoned: 3700 university Ave b. Legdescription of property to be xozo�aed: xcluding Bight of fray): 135'x407' e. Dimensions of Proposed Zoning Boundary (B 55234 Boundary (excluding Right of Way)' d. Area of Proposed Zoning �,equested zoning C-2 e.Current zouing: R €yc{stin land u8e does not Reason(s) for rezoning and proposed uses) of property: com • I with current tonin • '� g. Conditions (if a any) agreed to: NIA h. Other pertinent information (use reverse side if necessary): �, the owner of the property, the signature of: the owner must be secured. If it is the Please If applicant: is not improved in conjunction with this request it must go through a intent too ssuubdivide (split) any land, vacant or platting process (separate from rezone request). of Waterloo) is required (round amount down to (payable to the City thereof be refunded neares The filing fee of ment . S10 per acre (-ref750 max) e.rare ded $10 increment). This fee is non-refundable. Under r!or ci�ange in �y o a information g en "� retlic same forfait o law, Any > tea failure of said amendment to be enacted h fee. If request is denied no new petition cover�ng that may,pa new %ling pied no Programming, and Toning ng the ai C the request go a sat property 1 shall 5e, with The uncierso nieg Corn under on or portion of the same shall b®filed with or considered�a Waterloo Pluming, council. oath four (4) months nave elapsed e r from the date or denial by request and submitted along wit'n it h t and correct and the oath arid under the penalties oI'perlury that all information on this �l Pxagran, � Zoning Al the Waterloo "Planning, Officials t4 enter the 'W erloo yn submitted in well ngbe used by The undersigned authorize City Zoe 'Waterloo City Council in making their decision_ property in question in regards to the request. REZONE DESCRIPTION: The following description has been generated to assist in rezoning the described property from "R-2", One & Two Family Residential District, to a "C-2", Commercial District. That part of the East Half of Section 20, Township 89 North, Range 13 West in the Fifth Principal Meridian, in the City of Waterloo, Black Hawk County, State of Iowa, more particularly described as follows: Beginning at the Westerly common corner of Lot 14 and Lot 15 of Forrest Hill Subdivision in said City of Waterloo; thence S89°18'41"W 406.60 feet along the Southerly line of said Lot 14 extended, to a point on the Easterly line extended of the Target Store at 3810 University Avenue, Waterloo, Iowa; thence N00°04' 16"W 154.41 feet along said extended line and the Easterly line to a point; thence S89°58'59"E 406.81 feet to a point on the Westerly line of Lot 13 of Forrest Hill Subdivision in said City of Waterloo; thence S00°01'01"W 149.40 feet along said Westerly line of Lot 13 and Lot 14 of Forrest Hill Subdivision in said City of Waterloo, Iowa, to the Point of Beginning, containing 61,778.5 square feet, or 1.418 acres. 12A07-REZONE-01.doc Sheet No. 1 of 1 Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director CITY OF WATERLOO Council Communication City Council Meeting: March 26, 2012 Prepared: March 23, 2012 Dept. Head Signature: Noel Anderson, Community Planning & Development Director # of Attachments: 1 SUBJECT: Resolution approving Early Access Agreement with Northeast Iowa Food Bank, Inc., to allow for work to begin on their new facility in Rath area prior to closing on the property, and authorize Mayor to sign and fully execute the document Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: We ask that the City Council take the necessary actions to approve the agreement. Summary Statement: As you may be aware, the City of Waterloo has previously approved agreements for the development of the Human Services Campus, including the Northeast Iowa Food Bank on the far eastern end of that campus. The City is currently working on paperwork to convey the land to the Northeast Iowa Food Bank, but due to the warm weather, would like to allow the food bank the ability to start construction activities right away. The attached agreement would allow for the food bank to start construction activities, while safeguarding the City of Waterloo from liabilities, etc. Staff anticipates closing on the property within the next 3-4 weeks. Expenditure Required: NA Source of Funds: NA Policy Issue: Economic Development Alternative: Not approve Background Information: The City has worked diligently for the development of the Human Services Campus, and this will be the final initial piece of that development. Working in older areas of the communities often bring up difficult legal descriptions, abstracting work, quiet title actions, etc. which often times delay closings past expected dates. This project, while running behind, will still be a tremendous development for the Rath area and for the community as a whole. CITY WEBSITE: www ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer EARLY ACCESS AGREEMENT This Early Access Agreement (the "Agreement") is entered into as of 2012, by and between the City of Waterloo, Iowa ("City"), and Northeast Iowa Food Bank, Inc. (the "Food Bank"). WHEREAS, City and Food Bank are parties to a certain Property Exchange Agreement (the "Exchange Agreement") providing for Food Bank's development of the real property described on Exhibit "A" attached hereto (the "Property"); and WHEREAS, the parties contemplate a closing in March or April 2012, after review and resolution of any title issues, for City's conveyance of the Property to Food Bank for purposes consistent with the Exchange Agreement, but Food Bank desires access to the Property before closing to begin its site development activities. NOW, THEREFORE, in consideration of the pending sale of the Property and the mutual promises exchanged herein, the parties agree as follows: 1. City hereby grants to Food Bank the right to enter upon the Property to begin site development activities as contemplated by the Exchange Agreement. The term of this Agreement shall be from the date hereof until completion of closing under the Exchange Agreement. 2. Food Bank shall, at its own expense, procure and maintain comprehensive public liability insurance in the amount of not less than $1,000,000 per occurrence. Such insurance shall cover liability arising from the acts or omissions of Food Bank, its employees, contractors and agents, and shall protect the City against such claims, damages, costs or expenses on account of injury to any person or persons, or to the property of same, by reason of such casualty, accident or other occurrence on or about the Property during the term of this Agreement. Certificates or copies of said policies, naming the City as an additional insured, shall be delivered to City before Food Bank, its employees, contractors, or agents, enter upon the Property. The attached Certificates of Liability Insurance coverage for the City by the Food Bank and its Contractor, Peters Construction, satisfy the requirements of this paragraph. 3. Food Bank agrees to be responsible for any liability which may arise out of the activities of Food Bank, its employees, agents and contractors, upon or about the Property, and in said connection Food Bank agrees to indemnify and hold City, its officials, officers, employees and agents, harmless from and against any and all claims, demands, actions, causes of action, and liabilities whatsoever, including but not limited to reasonable attorneys' fees, of any type or nature, whether sounding in law or equity, in tort or contract. The duties of Food Bank under this paragraph shall survive the expiration or termination of this Agreement. Nothing in this paragraph is intended to modify to any extent the provisions of paragraph 5 of the Exchange Agreement pertaining to liability or responsibility for cleanup of environmental conditions on the Property. 4. City agrees to indemnify and hold harmless Food Bank, its officers, directors, employees and agents, from and against any and all claims, demands, actions, causes of action, and liabilities whatsoever, including but not limited to reasonable attorneys' fees, of any type or nature, whether sounding in law or equity, in tort or contract, arising out of the activities of City, its employees or agents, upon or about the Property. The duties of the City under this paragraph shall survive the expiration or termination of this Agreement. 5. This Agreement is the entire agreement of the parties concerning the subject matter hereof. It may not be modified or amended without the prior written consent of the parties. This Agreement may be executed in one or more counterparts, each of which, including signed counterparts transmitted by facsimile or other electronic means, shall be deemed an original and all of which together shall constitute one instrument. IN WITNESS WHEREOF, the parties hereto have executed this Early Access Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA NORTHEAST IOWA FOOD BANK, INC. By: By: Ernest G. Clark, Mayor 2 Title: NORTH -5 OP ID: JT ACCORD" CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDNYYY) 03/22/12 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 319-233-6103 The Sinnott Agency, Inc. 622 W 4th St., PO Box 1918 319-234-8133 Waterloo, IA 50704 Steven Sinnott CONTACT Steve Sinnott �nlHc°, No, Ext): 319-233-6103 FAX No): 319-234-8133 E-MAIL Stever sinnotta enc com ADDRESS: 9 Y• INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Allied/Nationwide Insurance Co 42579 INSURED NORTHEAST IOWA FOOD BANK PO BOX 2397 WATERLOO, IA 50704 INSURER B: INSURER C : OCCUR INSURER D : INSURER E : INSURER F : 07/01/12 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTRINSR TYPE OF INSURANCE ADDL SUBR WVD POLICY NUMBER POUCY EFF (MM/DDIYYYY) POLICY EXP (MM/DD/YYYY) UMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY X OCCUR X ACP7171553685 07/01/11 07/01/12 EACH OCCURRENCE $ 1,000,000 X DAMAGE rD Raan rr PREMISES (Ea occurrence) $ 100,000 CLAIMS -MADE MED EXP (Any one person) $ 5,000 PERSONAL 8 ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- LOC JECT PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE UABIUTYCOMBINED ANY AUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS NON -OWNED AUTOS ACP7171553685 07/01/11 - 07/01/12 SINGLE LIMIT (Ea accident) 1,000,000 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE ACP7171553685 07/01/11 07/01/12 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 DED RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS' LIABIUTY AND ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICER/MEMBER EXCLUDED? (Mandatory in NH) - If yes, describe under DESCRIPTION OF OPERATIONS below NIA ACP7171553685 07/01/11 07/01/12 X WC STATU- I OTH- - TORY LIMITS °R E.L. EACH ACCIDENT $ 100,000 E.L. DISEASE - EA EMPLOYEE $ 100,000 E.L. DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLESAttach ACORD 101, Additional Remarks Schedule, if more space is required) ADDITIONAL INSURED UNDER THE GENERAL LIABILITY POLICY AS RELATES TO 1535 LAFAYETTE ST, WATERLOO, IA CANCELLATION __......_. CITYWLO CITY OF WATERLOO 715 MULBERRY ST WATERLOO, IA 50703 I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE �� J ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD A� o® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 3/21/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Brummel Madsen & Associates 318 Main Street P.O. Box 399 Cedar Falls IA 50613 CONTACT Heidi Morse NAME: A/� No. Ext}: (319) 266-2644 FAX No): (319)277-2429 E-MAIL ADDRESS: heidim@brummelmadsen.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A :Integrity Mutual Insurance 14303 INSURED Peters Construction Corp PO Box 2 940 Waterloo IA 50704 INSURER B : CPP2624256 INSURER C : 8/1/2012 INSURER D : $ 1,000,000 INSURER E : $ 100, 000 INSURER F: $ 10,000 COVERAGES CERTIFICATE NUMBER:11-12 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/VYYY) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY X CPP2624256 8/1/2011 8/1/2012 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100, 000 MED EXP (Any one person) $ 10,000 CLAIMS -MADE X OCCUR PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 GEN'L AGGREGATE 7 POLICY X LIMIT APPLIES JECT PRO PER: LOC $ A AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS . SCHEDULED AUTOS NON -OWNED AUTOS CA2624257 8/1/2011 8/1/2012 COMBINED SINGLE LIMIT (Ea accident) $ 1 , 000 , 000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ single limit $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE CUP2624259 8/1/2011 8/1/2012 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10, 000, 000 $ DED X RETENTION$ 0 A WORKERS COMPENSATION,,.WC AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N NIA WCP2624258 8/1/2011 8/1/2012 STATU- TORY LIMITS OTH- FR E.L EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Project: Northeast Iowa Food Bank. City of Waterloo is additional insured for ongoing operations as required by written contract. CERTIFICATE HOLDER CANCELLATION City of Waterloo 715 Mulberry St Waterloo, IA 50703 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE C`"O�' '�`- Scott Cessna/JAB ACORD 25 (2010/05) INS025 tem nnnl m © 1988-2010 ACORD CORPORATION. All rights reserved. Tha Ala1Rf) name and Innn am rnnicfarnrd mardre of AC(lRrl Mayor BUCK CLARK COUNCIL MEMBERS OOOOOOOOOOO BOO of 218 West MuIlan Avenue and 910 Shaulis Road for demolition services (Non-RACM) in conjunction with FY 2012 Demolition Contract for the following properties: 212 Jefferson, 302 Jefferson, 306-308 Jefferson and 312 Jefferson, and 319 W. 2nd Street. CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 . (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: March 21, 2012 Prepared: March 26, 2012 Dept. Head Signature: # of Attachments: SUBJECT: Change Order/Extra Work Order No. 1 for a net increase of $28,495 for the addition DAVID JONES Ward 1 CAROLYN Submitted by: Noel Anderson- Community Planning & Development Director COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD Recommended City Council Action: Change Order/Extra Work Order No. 1 for a net increase of $28,495 for the addition of 218 West Mullan Avenue and 910 Shaulis Road for demolition services (Non-RACM) in conjunction with FY 2012 Demolition Contract for the following properties: 212 Jefferson, 302 Jefferson, 306-308 Jefferson and 312 Jefferson, and 319 W. 2' Street. Summary Statement: The original contract was approved on February 22, 2012. The city has since acquired the former Happy Chef building and is under a strict timetable to demolish the to allow the Iowa Community Credit Union to prepare for new construction and set up a temporary building. The house at 910 Shaulis, is apart of the Shaulis Road extension project needs to be demolished before grading begins which is the reason for the change order for both properties At -Large STEVE SCHMITT At -Large Expenditure Required: The original contract amount was for $44,850.00. The total cost for 910 W. Shaulis Road is $8,500.00 and $19,995 for 218 W. Mullan Ave. (former Happy Chef). Source of Funds: The demolition activities of this site will be undertaken by the City of Waterloo using G.O. funds, for nuisance abatement. Policy Issue: New development -Sports Complex Alternative: N/A Background Information: The City of Waterloo purchased these properties to demolish in preparation of the Downtown Sports Complex. cc: NOEL C. ANDERSON, Community Planning & Development Director CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer CITY OF WA ERLOO Council Communication City Council Meeting: March 26, 2012 Prepared: March 21, 2012 Dept. Head Signature: Eric Thorson, PE # of Attachments: SUBJECT: City of Waterloo Driveway and Sidewalk Specifications Submitted by: Wayne Castle, PLS, EL Associate Engineer Recommended City Council Action: Approve the proposed Driveway and Sidewalk Specifications for use by contractors and property owners starting with the 2012 construction season. Summary Statement: The Engineering Department has reviewed the current specifications and identified areas that need updating based on improvements in construction technology, observed deficiencies in construction methods and materials currently specified, and changes to the Americans with Disabilities Act (ADA) regulations. These specifications are available in the City Clerk's office if you wish to review them in their entirety. Expenditure Required: None Source of Funds: N/A Policy Issue: N/A Alternative: None Background Information: The City of Waterloo Code of Ordinances specify that sidewalks and driveways constructed within the public right-of-way be constructed according to plans and specifications approved by the City Engineer, which has faithfully maintained a set of plans and specifications to provide for uniform and orderly development within the City limits, with the last major updates to the Driveway and Sidewalk Specifications having been made in 2003. The Engineering Department has reviewed current construction materials and methods and ADA regulations in developing the proposed Specifications that will provide for a more resilient, sustainable and accessible sidewalk system. REVISED 2/24/2005 DRIVEWAY AND SIDEWALK SPECIFICATIONS BE IT ORDAINED BY THE CITY COUNCIL OF WATERLOO, IOWA: Sec. 1. That, from or after the passage of these specifications and the taking effect thereof, all driveways and sidewalks constructed adjacent to public streets, alleys, and highways of said City shall conform to these specifications and regulations, unless otherwise directed by the City Council of said City. Sec. 2. AUTHORIZED REPRESENTATIVES. Whenever the term "Engineer" is used in this Specification, it shall mean the City Engineer or his authorized representative. Sec. 3. BONDS AND PERMITS. No person, firm or corporation, except the City Engineer, while acting in their official capacity, or a contractor in performing the necessary work within the City Limits, shall construct or cause to be constructed any sidewalk or driveway adjacent to any street, avenue, alley or highway within the City of Waterloo, Iowa, excepting such walks as are required to connect residences or other buildings with the City sidewalks, curbs or street roadways, without filing a right-of-way bond with the City Clerk and obtaining a permit therefore, signed by the City Engineer. The permit shall describe the location of the work and state the time in which it is to be done. The said permit shall be valid for a time period not to exceed six (6) months from the date the permit is authorized. All permits shall expire at the end of the current year's permitted construction season. If work, as stated on the aforementioned permit, is not completed within the above referenced six (6) month time period or the close of the current year's permitted construction season, the permit shall be considered expired and said work will require a new permit to be obtained. If an extension of time is required, the permit holder shall present said permit to the City Engineer for said extension of completion, and no extension of time shall be valid unless signed by the City Engineer. Work contracted by the City shall not require a permit. Sec. 4. 03/23/2012 SUBGRADE. The subgrade upon which the sidewalk and/or driveway is to be placed shall be prepared by excavating or filling with suitable material to a minimum depth of four (4) inches below the finished subgrade elevation of the sidewalk and/or driveway. Said subgrade shall be tamped with an approved hand tamper or vibratory plate or rolled with an approved steel roller until smooth, firm, uniform, and unyielding (as approved by the Engineer) to the required depth below the finished grade line. All soft, spongy or yielding spots and all vegetable or other perishable matter shall be removed and the space refilled with suitable material. NO SAND will be allowed for fill; unless it is similar to the existing subgrade material found at the work site. The subgrade shall be thoroughly moistened, as approved by the Engineer, prior to the placement of PCC. If the contractor is required to add water to the said subgrade to provide uniform moisture content, the method of incorporating said water into the subgrade shall not form mud or pools of water. Sec. 5. Sec. 6. Sec. 7. Sec. 8. 03/23/2012 REVISED 2/24/2005 FILLS AND CUTS. When filling is necessary to bring the walk and/or drive to grade, the fill shall be deposited and compacted in layers of not more than six (6) inches. The top of all such fills shall extend beyond the walk and/or drive on each side of not less than one (1) foot vertical to four (4) feet horizontal. The distance from edge of cuts at the base shall be at least one (1) foot from the nearest edge of the walk and/or drive. Material shall be compacted to a minimum of ninety-five percent (95%) of its Standard Proctor Density or subbase density specification of the contract plans. FORMS. Forms of wood or steel shall be used along each edge of sidewalk and/or driveway. These forms shall be set true to line and grade and shall be held rigidly in place by stakes placed outside the forms and flush with or below the top edge of the forms. Said stakes shall be spaced no more than four (4) feet apart for wood forms and five (5) feet apart for steel forms. All steel forms shall have a height equal to the full specified depth of sidewalk and/or driveway. Standard dimensional lumber for wood forms shall be acceptable, i.e., 2" x 4", 2" x 6", etc., and shall be free from warp as approved by the Engineer. All forms shall be clean and free from mortar and/or dirt. When the sidewalk and/or driveway is curved, a one (1) inch nominal thickness wood form or flexible steel form shall be permitted. These forms shall be staked no more than two (2) feet apart or as approved by the Engineer. SAWING OF CONCRETE. Where sawing is required to remove existing concrete sidewalk, it shall be sawed full depth to prevent any damage to adjacent squares of sidewalk. Sawing for curb cuts shall be full depth with the SAW CUTS COMING TO A POINT WITH NO OVERLAPPING OR OVERCUTTING ALLOWED. The Contractor may elect to utilize a "corner saw" or 6" diameter full depth core drill at the boxout corners to prevent said "overcutting". If the Engineer determines that the overcutting may damage the surrounding slab, the sawcut shall be extended to the next transverse joint. Additional hand work may be required in corners of the removed box -outs as approved by the Engineer.) When the curb section is sawed for a curb cut and the pavement transverse or longitudinal joint is within four (4) feet, sawing shall continue to the pavement joint and the pavement removed. New curb shall be constructed as needed for proper curb cut dimension. SETTING FORMS. The forms shall be well staked as detailed in Sec. 6 to the lines and grades given by the Engineer, and their edges shall conform to the finished grade of the walk. Forms shall be so set that the walk shall have a slope toward the street of one quarter (1/4) inch for each foot of width. The forms for a new gutter section at driveways shall be set so that a two (2) inch lip shall be constructed. The gutter flow line shall continue through the driveways so the water is directed away from the curb lip toward the center of the street - 2- Sec. 9. REVISED 2/24/2005 EXPANSION JOINTS. Strips of an approved type of non -extruding pre -molded asphaltic expansion joint material one-half (1/2) inch thick shall be placed perpendicular to the side forms, and to the full depth of the walk at least once in every sixty (60) feet of walk or as directed by the Engineer, or shown on the plans. Similar joints shall be provided when new walks abut other concrete walks, structures, approach walks, or curbs. For lots having a frontage width of over sixty (60) feet, the expansion shall be placed on a joint approximately half way from the driveway to the farthest property line. One-half (1/2) inch expansion shall be used between the driveway approach and sidewalk; one-half (1/2) inch expansion shall be used between the approach and back of curb as detailed on Exhibit "A" contained herein. Sec. 10. READY -MIXED CONCRETE: Ready -mixed concrete shall be used for all sidewalks on City right of way. The term, "Ready -Mixed" concrete, shall be construed to mean either central plant -mixed concrete or central -plant - proportioned, truck -mixed concrete. Central plant -mixed concrete shall be mixed according to the provisions below, and shall be transported to the site of the work in truck mixers. Truck -mixed concrete shall be construed to mean concrete partly or wholly mixed in the transporting vehicle. 03/23/2012 A. Transporting Concrete. Vehicles for transporting concrete shall be so constructed as to ensure against loss of any of the ingredients of the concrete and to ensure rapid discharge of the concrete. The concrete, at the time of delivery, shall be uniform in composition and of the specified consistency. Concrete in which the cement has been in contact with the water and aggregate for more than 1-1/2 hours before the time it is placed shall not be used. Under no circumstances shall partially hardened or retempered concrete be used. B. Delivery. The methods of delivering and handling the concrete shall be such as will facilitate placing with a minimum of rehandling and without damage to the concrete. C. Truck -Mixed Concrete. When a stationary mixer is used for partial mixing of the concrete, the mixing time in the stationary mixer shall be not less than is required to intermingle the ingredients but not less than 30 seconds. When a truck mixer is used either for complete mixing or to finish partial mixing done in a satisfactory mixer, each batch shall be mixed not less than 50 or more than 100 revolutions of the drum at the rate of rotation designated by the mixer manufacturer as mixing speed. Additional mixing, if any, shall be at the speed designated by the manufacturer of the equipment as the agitating speed. When a truck mixer is used for transporting concrete which has been completely mixed in a stationary mixer, mixing during transportation shall - 3- Sec. 11. Sec. 12. 03/23/2012 REVISED 2/24/2005 be at the speed designated by the manufacturer of the equipment as the agitating speed. D. Mixes. The acceptable mixes for driveways and sidewalks shall be A-4, C- 4 or M-4. The usage of Class C fly ash additive will be acceptable from March 16 to October 15. The fly ash substitution rate by weight shall not be more than 15 percent. NO USE OF GROUND GRANULATED BLAST FURNACE SLAG (GGBFS) SHALL BE PERMITTED. Class II aggregate shall be utilized. Entrained Air Content for all driveways and sidewalks shall be in accordance with IDOT Specifications Section 2301.04; target 7%, minimum 6%, maximum 8%. Field adjustments may be required to result in 6% finished entrained air. The slump of the concrete shall not exceed four (4) inches. PLACING CONCRETE. Ready -mixed concrete shall be placed immediately after delivery. Concrete shall be placed in a manner which will avoid segregation or separation of the ingredients. The concrete shall be spread evenly and tamped or vibrated, and it shall be well spaded against the forms, expansion joints or other abutting structures. Retempering of concrete by remixing with or without additional materials, shall not be permitted. CURING OF CONCRETE. Unless the concrete is protected for cold weather, all exposed surfaces, including surfaces from which the forms have been removed, shall be cured with a white pigmented curing compound meeting requirements of Iowa DOT Specification Section 4105. NO CLEAR CURING COMPOUNDS SHALL BE PERMITTED. Curing compound shall be applied in a fine spray to form a continuous, uniform film on the surface and vertical edges of the sidewalk and/or driveway slab as soon as the free water has appreciably disappeared. The rate of application shall be not less then 0.067 gallon per square yard (covering 15 square yards per gallon). Care shall be taken to ensure that liquid curing materials shall be well agitated in the supply drum or tank immediately before transfer to the distributor, and kept thoroughly agitated during application. Application shall be by means of power spraying equipment capable of producing a fine spray which will not damage the surface of the concrete. Hand operated sprayers will be allowed, provided that the compound remains a uniform color, and with uniform coverage. Contractor shall exercise extreme care to prevent curing compound from being applied to the precast detectable warning surfaces. Failure to do so shall require cleaning of the detectable surface panels or removal and replacement, at the discretion of the Engineer. 03/23/2012 REVISED 2/24/2005 If forms are used, within 30 minutes after their removal, the vertical edges of the sidewalk and/or driveway shall be coated with curing material, applied at the same rate as on the surface. If the coating is damaged within 72 hours after being applied, due to other operations, the affected areas shall be recoated without delay. Coating of the sawed surface with curing compound will not be permitted on joints that are to be sealed. All curb cuts that require removal and replacement of existing PCC curb and gutter and/or pavement sections after August 31 shall be protected by application of a curing compound/linseed oil combination product to extend the curing of the concrete and to protect the entire finished concrete surface of the pavement and curbs from the de-icing agents utilized during cold weather. The above referenced combination curing product shall conform to W.R. Meadows LIN- SEALTM WHITE Curing and Anti-Spalling Compound or Engineer approved equivalent. Said product shall be applied as specified above with application rate not less than 0.067 gallon per square yard (covering 15 square yards per gallon). Cold Weather Cure. Concrete less than 36 hours old shall be protected in the following manner: Night Temperature Forecast 35 to 32 degrees F 31 to 22 degrees F Type of Protection One layer of burlap Two layers of burlap or one layer of plastic on one layer of burlap Below 21 degrees F 6 inches of hay or straw* *Equivalent commercial insulating material approved by the Engineer may be used. For concrete placed after October 1 and which requires this protection, the protection shall remain until the concrete is five (5) days old. The Contractor shall verify with the Engineer that the other equivalents shall provide for a minimum of 0.75 R value. Some rough equivalents that may be used in lieu of straw are as follows: 1. Four (4) layers of burlap sandwiched between two (2) layers of plastic. 2. Three (3) layers of Burlene. 3. One (1) layer of fast track blankets. These or other equivalents may be used as long as the materials provide for a minimum of 0.75 R value and the surface of the protected concrete is maintained above 40 degrees F. The Contractor shall verify with the Engineer that the other equivalents shall provide for a minimum of 0.75 R value. - 5- REVISED 2/24/2005 When cold weather protection has to be used to protect concrete, the impervious coating can be applied after the cold weather protection has been removed. The coating needs to be applied within four (4) hours after the removal of cold weather protection. After the forms have been removed, the sides shall be backfilled with topsoil immediately. SEC. 13. WINTER DRIVEWAY & SIDEWALK CONSTRUCTION POLICY FOR SPECIAL CONDITIONS Sec. 14. 03/23/2012 The following conditions shall be met for this policy to be used for construction after the Fall date for issuing Driveway and Sidewalk Permits has passed: 1. This policy shall apply only to commercial/industrial construction sites. 2. Consideration will be given to commercial/industrial construction sites that have started construction prior to the fall cut off date for issuing regular permits. 3. All frost shall be removed from the subgrade by constructing a tent over the construction area and heating the tent with a salamander or a radiant ground heater with "fast track" blankets, or other approved method. Complete absence of frost shall be verified by the City Engineer or authorized representative. 4. During the curing process, the concrete area shall be protected by maintaining a temperature range between 50°F - 90°F for at least five (5) days over the new concrete area. 5. The concrete mix shall be M-4 with 2% calcium and be maintained at a temperature of 55°F or above while pouring. 6. All other City of Waterloo Driveway and Sidewalk Specifications shall be met with the above revisions. WEATHER. Concrete shall not be placed when stormy or inclement weather prevents good workmanship. No lumps or frozen aggregate shall be used, and concrete shall not be placed on a frozen subgrade. If weather conditions are favorable concreting operations may be started when the temperature is at least 34 degrees F. and rising. At time of placement, the temperature of the mixed concrete as discharged from the mixer shall be 55 degrees F. or above, and may proceed as long as the temperature of the fresh concrete can be maintained at or above 55 degrees F. Mixing and placing of concrete shall stop when the air temperature is 38 degrees F. and falling. Cold weather curing methods shall be used for protection of the slab from freezing temperatures. - 6- Sec. 15. REVISED 2/24/2005 CONSTRUCTION JOINTS. At the close of each day's work, and at any other time when the process of depositing concrete is stopped for thirty minutes or more, a construction joint shall be placed. Sections less than four (4) feet between joints shall not be permitted. If the sidewalk is wider than four (4) feet, the sections shall be the same distance between joints as the width. For this joint a wood header board shall be used having a two (2) inch nominal thickness and conform to the cross section of the walk. This header board shall be set accurately and held in place perpendicular to the surface and at right angles to the centerline. Sec. 16. THICKNESS. The concrete walks constructed under this Specification shall have a minimum thickness of four (4) inches. Sec. 17. Sec. 18. Sec. 19. 03/23/2012 Driveway approaches and driveway sidewalk sections shall be five (5) inches thick for residential, defined as a single family house or duplex unit, and six (6) inches thick for three-plex unit or larger, commercial property and alleys. In any case, the walk shall be constructed in one course. WIDTH. The width of sidewalks constructed under this Specification shall be four (4) feet, except where a different width of sidewalk has already been constructed within the same block, in which case it shall conform to the width of the existing sidewalk, or unless otherwise permitted or ordered by the City Engineer. FINISH AND SLAB MARKINGS. After working the concrete to an approximate true surface, the concrete shall be cut with a tool to the required sawing thickness to form the concrete into four -foot squares or as directed by the Engineer. This cutting shall be followed by a marking tool forming a groove at least one-half (1/2) inch. The surface shall be finished true to grade, with a steel trowel, and afterward roughened slightly with a broom. Sawing will be permitted, provided the sawing depth is as follows: SIDEWALK THICKNESS SAW CUT DEPTH 4 INCHES 1-1/2" 5INCHES 1-3/4" 6 INCHES 2" All approaches over fifteen (15) feet in width shall have one longitudinal saw cut, as a minimum, centered in the approach, or as directed by the Engineer. Approaches over fifteen (15) feet in depth from back of curb shall have one transverse joint, as a minimum, centered from back of curb to sidewalk. Sawing of the concrete shall be completed within 24 hours after the finish work has been completed. CARE AND PROTECTION. Workmen shall not be permitted to walk on freshly laid concrete, and where any sand or dirt sets on the surface, it shall be carefully removed before finishing. When completed, the sidewalk shall be protected from REVISED 2/24/2005 traffic for at least three (3) days. Alleys, driveways and street crossing shall be protected from vehicular traffic for at least seven (7) days. The forms shall not be removed before twenty-four (24) hours, and when removed, earth shall be banked and compacted against the edge of the driveway or sidewalk. Sec. 20. ASPHALT DRIVEWAY APPROACH. If asphalt is used for a driveway approach, the following criteria shall apply: Sec. 21. Sec. 22. Sec. 23. Sec. 24. Sec. 25. 03/23/2012 1. Residential Drive -6 1/2" thick 2. Commercial Drive -7-1/2" thick 3. Asphalt materials shall meet the requirements of IDOT Type A Mix -3/4" or 1/2" mix for base, 1/2" or 3/8" mix for surface. The top 2" shall not be constructed with base mix. The asphalt shall be placed in layers with the base material and the surface material being compacted to a minimum of ninety-six percent (96%) of its Standard Marshall Density or street density specification on contract plans. All asphalt driveway work shall not be placed after October 15, except with approval by the City Engineer. Asphalt shall not be used for overlay of any sidewalk. Asphalt shall only be used for sidewalk construction in accordance with Sec. 29 of these specifications. ADJUSTMENTS. Whenever any adjustment of the grade slope or slab markings is necessary or advisable in order to have the work conform to existing abutting walk or other abutting structures, the adjustment shall be made only with the permission, and under the direction of the Engineer with approved waiver grade. SIDEWALKS OVER AREAWAYS. Whenever sidewalks are constructed over areaways, the requirements of these specifications are applicable only to the extent that they do not conflict with the requirements of the Building Code of the City of Waterloo, Iowa, and the construction is to be under the supervision of the Building Official. INDIVIDUAL CONTRACTS. Any contract made between property owners and private contractors for the construction of sidewalks or driveways within the City Limits shall be made in accordance with the provisions of these specifications. TESTING AND INSPECTION. The Engineer shall have the right to go upon any work site where sidewalks, driveways or alleys are being constructed and make tests to do such other acts as may be necessary to determine compliance with the current specifications. BARRICADING AND TRAFFIC CONTROL. Barricades and traffic control items shall be provided in order to take every reasonable precaution for providing for the safety of the general public traveling to, through, within, along and across the construction area. Barricades and traffic control items shall conform to the FHWA MUTCD Millennium Addition (December 2000 or latest issue). The Contractor - 8- 03/23/2012 REVISED 2/24/2005 shall take every reasonable precaution to prevent the public from entering the work area and to prevent the work from interfering with traffic. Refer to Barricading and Traffic Control detailed below. The Contractor or individual completing repairs shall barricade both ends of each area where curb cut or sidewalk is removed. Type I or Type II barricades shall be used. Barricades shall be clean with good reflective properties. Where alley approaches are removed, Type II or Type III barricades, with steady burn or flashing amber lights, shall be used on both the alley and street side of the approach. The barricades described above for pedestrian traffic shall also be required. Alley approach walks shall be replaced the day it is removed. The Engineer, or authorized representative, shall periodically review barricading and traffic control that has been put in place by the Contractor. If barricading and traffic control devices are found to be without proper maintenance, penalties shall be assessed. Improper maintenance shall include, but not be limited to, the following situations: A. Less than 100 percent of lights in working order. B. Any barricade or sign moved or tipped over. C. Fencing not supported in a vertical position. D. Fencing not placed around excavations when workers/equipment are not working at the location. E. Lack of proper barricades or signage. The American Traffic Safety Service Association (ATTSA) publication "Quality Standards for Work Zone Traffic Control Devices" (Copyright 1993 ATSSA) shall be utilized by the Engineer, or authorized representative, to determine the acceptable quality level for typical work zone barricading and traffic control devices. Each incident is treated as a separate citation on an individual basis. It is not intended that minor deficiencies be penalized if corrected the day notification is given. In addition to the following schedule of fines, the Engineer may suspend work for irresponsible and/or repeated failure to construct the project using barricading and traffic control procedures. Penalties: 1st Offense 2nd Offense 3rd Offense 4th Offense 5th Offense 6th Offense or more - 9 - Written warning given by City $ 100 $ 250 $ 500 $1,000 Engineer's discretion (amount equal or greater than $1,000 Sec. 26. Sec. 27. 03/23/2012 REVISED 2/24/2005 PERMITS ON JOB. All permits shall be kept at the place of construction for which they were issued while the work is being done and exhibited when called for by the City Official having the authority to examine the same. PATCHING. The sidewalk may be patched after inspection and approval by the City Engineer. Surface depressions with an area of eighteen (18) square inches or Tess may qualify for repair by patching. Holes to the full depth of the sidewalk and sections of the sidewalk completely missing not exceeding eighteen (18) square inches may also be repaired by patching. No sidewalk panel shall have a patched area, including surface and full -depth patches, exceeding fifty (50) percent of the panel's total area nor a total full -depth patch area greater than one- half (1/2) square foot. Preapproved patching materials include the following materials and vendors: 1. Home Depot: A. QUIKRETE Vinyl Concrete Patcher (grey) 2. Marquart Block Co.: A. United Products Vinyl Concrete Patch 3. Menard Cashway Lumber: A. AKONA Vinyl Cement Patch USAGE OF THE ABOVE REFERENCED MATERIALS SHALL BE IN ACCORDANCE WITH THE MANUFACTURERS RECOMMENDATIONS. - 10- Sec. 28. Sec. 29. Sec. 30. REVISED 2/24/2005 DETAILED DRAWINGS. Standard Details as shown on attached Exhibits "A" entitled "Standard Detail for Sidewalks", "B" entitled "Standard Curb Cuts and Drive Approaches," and "C" entitled "Standard Detail for Commerical Radius Drive Detail," Sidewalk Barricading and Traffic Control," Concrete Excavation Details," and "Asphalt Full Depth Patch Details" hereby made a part of these specifications. ASPHALT SIDEWALKS AT RAILROAD CROSSINGS. At railroad crossings, asphalt may be used for sidewalk. The asphalt sidewalk shall be a minimum 4 - inch thickness and shall extend no greater than 10 feet from the edge of railroad ties. Asphalt shall not be allowed to overlay existing concrete sidewalk. Sidewalks over railroad crossings shall be constructed to meet current ADA requirements concerning width and slope. Attached Exhibit "D" entitled "Standard Detail for Asphalt Sidewalks at Railroad Crossings" is hereby made part of these specifications. WATER SHUT-OFF VALVES. During the placement of concrete where water valves (pay boxes) are present, concrete shall be separated from the water valve in accordance with a method approved by the Engineer. An acceptable method consists of the following: Placement of ASTM 3034 plastic PVC pipe around the water valve cap before concrete is placed. This pipe should be cut to the appropriate depth of sidewalk. After placement and finishing of the concrete, the pipe section shall be removed and the area under the cap filled with suitable fill material. A maximum space of one-quarter inch (1/4") between the finished sidewalk and water valve cap will be acceptable. Sec. 31. SLIP FORM SIDEWALK. Construction of sidewalk by slip form construction methods shall only be allowed at locations that will permit a minimum of one hundred fifty (150) feet of continuous pouring length of sidewalk and as approved by the Engineer. 03/23/2012 The slip form paving machine shall be approved by the Engineer and designed for the specific purpose of placing, consolidating, and finishing concrete sidewalk slabs without use of fixed side forms. Edges of the concrete slab as built by the machine shall be approximately vertical. The machine shall be self-propelled and shall be equipped with means for spreading the concrete to a uniform depth before it enters the throat of the machine. The machine shall vibrate the concrete to the full width and depth being placed in a single passage. Such vibration shall be accomplished by vibrating tubes or arms working in the concrete of the vibrating pan operating on the surface of the concrete. The amplitude, rate of vibration, and locking device for depth shall be as specified in Iowa DOT Specifications, Article 2301.07, Paragraph A(6)(a). The slip form paving shall produce a surface reasonably free of surface voids and tears. The slip form paving shall be equipped with automatic horizontal and vertical grade controls. - 11- REVISED 2/24/2005 The subgrade shall be constructed in accordance with Sections 4 and 5 of these specifications. SEC. 32. CURB SAWING FOR DRIVEWAY APPROACHES. This work consists of horizontally and vertically saw cutting existing PCC concrete curb to accommodate the construction of new driveway approaches in lieu of conventional PCC box -out curb cut removal and replacement methods. Contractors proposing to utilize this method of driveway approach construction shall notify the Engineer at the time of permit issuance. 03/23/2012 The PCC curb sawing system shall employ a precision track -mounted circular diamond blade fully automatic wall saw system as approved by the Engineer prior to the start of any work. The saw mounted track shall be securely anchored to the existing PCC roadway as recommended by the manufacturer of said track equipment. The track shall be mounted to provide for curb sawing matching the existing street profile along neat lines and including the bevel cut (3" rise in 9" length) at each end of the driveway approach curb cut. No uncontrolled hand sawing of the two end bevel cuts shall be allowed; i.e. the wall saw track shall control the aforementioned dimensional bevel cut. The curb sawing shall be full depth at the base of the curb section face and shall be at a maximum elevation of 1/2" above the existing gutter and sawn at an angle that will provide an elevation of 2" above the existing gutter at the back of curb. The corners of resulting edge lips of the sawn curb shall be ground using a diamond grinding wheel to a radius of 1/4" and as approved by the Engineer. Upon completion of the curb sawing operations, all track mounting anchoring bolds, sleeves, lead plugs, etc. shall be immediately removed from the roadway PCC slab. The resulting holes shall be air blasted clean and filled immediately with TK -9000, 100% EXPDXY CRACK FILLER as manufactured by TK Products, Division of Sierra Corporation, Minnetonka, Minnesota, or equal approved by the Engineer. The exposed saw cut curb face shall be coated to a nominal thickness of 3/8" with SEAL TIGHT -MEADOW PATCH -T2 polymer -modified, thin repair patch mortar as manufactured by W.R. Meadows, Inc., Hampshire, Illinois, or equal approved by the Engineer. Said material shall be placed, mixed and sealed in accordance with manufacturers specifications. The mortar shall not fill any existing pavement joints and shall be surface scored to maintain the joint integrity. The specified mortar repair coating shall be applied to the exposed sawn curb face within the same working day of the curb removal operations. If the above described curb sawing construction method causes any damage to existing curb and/or street, as determined by the Engineer, a standard 2' minimum curb cut box -out shall be installed. - 12- REVISED 2/24/2005 Curb sawing for driveway approaches by use of the precision track -mounted diamond blade wall saw system shall be performed by workers experienced in operating the required equipment and installation of the above referenced patching and coating products. SEC. 33. PRECAST DETECTABLE WARNING SURFACES 03/23/2012 A. General. Detectable warnings shall consist of a surface of truncated domes aligned in a square grid pattern and shall comply with the manufacturer's specifications for installation and material. 1. Dome Size. Truncated domes in a detectable warning surface shall have a base diameter of 0.9 inches minimum to 1.4 inches maximum, a top diameter of 50% of the base diameter minimum to 65% of the base diameter maximum, and a height of 0.2 inches. 2. Dome Spacing. Truncated domes in a detectable warning surface shall have a center -to -center spacing of 1.6 inches minimum and 2.4 inches maximum, and a base -to -base spacing of 0.65 inches minimum, measured between the most adjacent domes on square grid. 3. Contrast. Detectable warning surfaces shall contrast visually with adjacent walking surfaces. Approved color shall be Soloman #415 Tone Dark Red as supplied by Stetson Building Products or Dynamic Red as supplied by Marquart Block. 4. Size. Detectable warning surfaces shall extend 24 inches minimum in the direction of travel and a 4" minimum width of the curb ramp, landing, or blended transition. Approved size shall be 24" x 24" x 2" with P.C.C. mortar bed per Exhibit A included herein. 5. Cure. The area between the precast sections and the back of curb shall be cured per Section 12 Curing of Concrete. Contractors shall use care so that no cure is applied to the precast sections. B. Location. 1. Curb Ramps and Blended Transitions. The detectable warning surface shall be located so that the edge nearest the curb line is 6 inches minimum and 8 inches maximum from the curb line. 2. Rail Crossings. The detectable warning surface shall be in accordance with the details in Exhibit D. - 13- 03/23/2012 C. Approved Vendors (or equal) 1. Lister Concrete Products, Inc. 2116 Commercial Street Waterloo, Iowa 50702 (319)232-4727 2. Hanover Architectural Products 240 Bender Road Hanover, Pennsylvania 17331 (717)637-0500 3. Steps Plus, Inc. 6375 Thompson Road Syracuse, New York 13206 (315)432-0885 - 14 - REVISED 2/24/2005 PROPOSED MARCH 23, 2012 DRIVEWAY AND SIDEWALK SPECIFICATIONS BE IT ORDAINED BY THE CITY COUNCIL OF WATERLOO, IOWA: Sec. 1. That, from or after the passage of these specifications and the taking effect thereof, all driveways and sidewalks constructed adjacent to public streets, alleys, and highways of said City shall conform to these specifications and regulations, unless otherwise directed by the City Council of said City. Sec. 2. AUTHORIZED REPRESENTATIVES. Whenever the term "Engineer" is used in this Specification, it shall mean the City Engineer or his authorized representative. Sec. 3. Sec. 4. BONDS AND PERMITS. No person, firm or corporation shall construct or cause to be constructed, any sidewalk or driveway adjacent to any street, avenue, alley or highway within the City of Waterloo, Iowa, without filing a right-of-way bond with the City Clerk and obtaining a permit from the City Engineer. Exceptions to the right-of-way bond and/or permit requirements: • Work contracted by the City shall not require a permit; • Sidewalks that connect residences or other buildings to the City sidewalks, curbs or streets (a.k.a. approach sidewalks or private sidewalks) shall not require a right-of-way bond or permit. No step or stairway used to connect approach walks to public sidewalks, curbs or streets shall be constructed on public right-of-way. The permit shall describe the location of the work and state the time in which it is to be done. The said permit shall be valid for a time period not to exceed six (6) months from the date the permit is authorized. All permits shall expire at the end of the current year's permitted construction season, regardless of issuance date. If permitted work, is not completed within the six (6) month time period or by the close of the current year's construction season, the permit shall be considered expired and said work will require a new permit to be obtained. If an extension of time is required, the permit holder shall present said permit to the City Engineer for consideration and approval. No extension of time shall be valid unless signed by the City Engineer. Sidewalk permit: covers all public sidewalk construction and 'or repair along a parcel within the public right-of-way. Driveway permit: covers all driveway construction and/or repair along a parcel and within the public right-of-way. Driveway widening is considered repair work for permit purposes. If sidewalk and driveway construction or repairs are made concurrently, separate sidewalk and driveway permits will be required. CONSTRUCTION WITHIN STATE RIGHT-OF-WAY. No person, firm or corporation shall construct or cause to be constructed any sidewalk or driveway adjacent to any highway within the City of Waterloo, Iowa that is under the jurisdiction of the State of Iowa without having the following: - 1 - Approved by the Waterloo City Council: March 26, 2012 Sec. 5. Sec. 6. Sec. 7. PROPOSED MARCH 23, 2012 • A Construction in Right -of -Way permit from the Iowa Department of Transportation (IDOT); • Filed a right-of-way bond with the City Clerk; • Obtained a driveway or sidewalk permit from the City Engineer. Public highways within the City of Waterloo currently under the jurisdiction of the Iowa DOT: • Interstate 380 (Washington Street) • US Highway 20 • US Highway 63 (Sergeant Road, West Mullan Avenue, East Mullan Avenue, West 1st Street, East 1St Street) • US Highway 218 (Washington Street) • Iowa Highway 935 (University Avenue) • Iowa Highway 21 (Hawkeye Road) • Iowa Highway 57 This list is not inclusive. If the contractor has any questions regarding jurisdiction, permits or construction requirements, contact the IDOT Waterloo Engineering Operations Technician at (319) 235-1832. PERMITS ON JOB. All permits shall be kept at the place of construction for which they were issued while the work is being done and exhibited when called for by the City Official having the authority to examine the same. INDIVIDUAL CONTRACTS. Any contract made between property owners and private contractors for the construction of sidewalks or driveways within the City Limits shall be made in accordance with the provisions of these specifications. TESTING AND INSPECTION. The Engineer shall have the right to go upon any work site where sidewalks, driveways or alleys are being constructed and make tests or do such other acts as may be necessary to determine compliance with the current specifications. Sec. 8. DETAILED DRAWINGS. Standard Details as shown on the attached exhibits are hereby made a part of these specifications: Sec. 9. • Exhibit A - Standard Details for Sidewalks; • Exhibit Al — Standard Details for Sidewalks — Alternate Ramp Layouts; • Exhibit B - Standard Details for Flared Driveway Approaches; • Exhibit C - Standard Details for Radius Driveway Approaches: • Exhibit D - Standard Detail for Asphalt Sidewalks at Railroad Crossings; • Exhibit E — Standard Details for Sidewalk Barricading and Traffic Control; DRIVEWAY AND SIDEWALK SPECIFICATION WAIVER. Waivers to the driveway and sidewalk specifications contained herein may be granted by approval of the City Council for the following reasons: • Special surface texture to be used on the concrete approach (i.e. exposed aggregate, brick stamped pattern, paving brick); • Elimination of the sidewalk section due to the inability to meet the grade requirements; — 2 — Approved by the Waterloo City Council: March 26, 2012 Sec. 10. Sec. 11. Sec. 12. Sec. 13. PROPOSED MARCH 23, 2012 • Elimination of the sidewalk section for asphalt driveways; • Placement of a driveway or sidewalk on City right-of-way on an unimproved street. Waiver applications are available from the City Engineer. A payment of $7.00 for recordation fees is due at the time of submittal of the waiver application to the City Engineer as all waivers shall be recorded with the Black Hawk County Recorder's office. SIDEWALK WIDTH. The width of sidewalks constructed under this Specification shall be four (4) feet, except where a different width of sidewalk has already been constructed within the same block, in which case it shall conform to the width of the existing sidewalk, or unless otherwise permitted or ordered by the City Engineer. SIDEWALK THICKNESS. The thickness of sidewalks constructed under this Specification shall be a minimum of four (4) inches, with the following exceptions: • For class "A" sidewalks, sidewalks that abut street pavement or curb and gutter sections, the sidewalk shall have a thickened edge section, as detailed in Exhibit "A" contained herein. • Sidewalk accessibility ramps (a.k.a. handicap ramps) shall have a minimum thickness of six (6) inches, as detailed in Exhibit "A" contained herein. Driveway sidewalk sections shall be a minimum of five (5) inches thick for residential uses, defined as a single-family house or duplex unit. Driveway sidewalk sections shall be a minimum of six (6) inches thick or match the thickness of the adjoining facility pavement whichever is greater, for a three-plex unit or larger residential buildings, commercial and industrial properties and alleys. In any case, the walk shall be constructed in one course. Existing sidewalk sections located in a proposed driveway location and not at the minimum required thickness for the driveway, shall be removed and constructed to the specified thickness. SIDEWALKS IN NEW SUBDIVISIONS. Sidewalks shall be installed in all new subdivisions as indicated within the Deed of Dedication. New sidewalk construction, including sidewalk accessibility ramp, where applicable, shall be the responsibility of the abutting property owner. Repair of accessibility ramps, following initial installation, shall be the responsibility of the City. DRIVEWAY REQUIREMENTS. If PC Concrete is used for a driveway approach, the following criteria shall apply: Residential — 5" thickness minimum Commercial — 6" thickness minimum or the thickness of the adjoining facility pavement, whichever is greater. If asphalt is used for a driveway approach, the following criteria shall apply: Residential — 6 '/2" thickness minimum Commercial — 7 1/2" thickness minimum If asphalt is used for the driveway approach, the sidewalk section shall be PC Concrete. - 3 - Approved by the Waterloo City Council: March 26, 2012 PROPOSED MARCH 235 2012 Residential — single family or duplex Commercial — three-plex unit or larger residential buildings, commercial and industrial properties, and alleyways If an existing sidewalk section is located in a proposed driveway location and is not at the minimum required thickness, the sidewalk shall be removed and constructed to the specified thickness. One (1) driveway per property, unless the property has 100 feet or more of street frontage along one street, then a second driveway may be constructed. Double frontage lots, reversed frontage lots and corner lots shall be limited to one (1) driveway on the street with the least vehicular traffic. If a property has an existing driveway and the property owner wishes to construct a second driveway, unless the property meets the requirements of the above paragraph, a new driveway may be constructed only if the existing driveway is removed and the existing curb cut replaced with full height curb. Exceptions to this requirement shall be granted by the City Council only. Existing unused driveway approaches and/or curb cuts shall be closed unless the property owner constructs a driveway on private property. No curb cuts granted within intersections unless it is a "T" intersection. Driveways that cause vehicles parked on private property to sit in or overhang into the public right-of-way shall not be allowed. Where possible, no driveway shall be nearer than three (3) feet to the owner's side property line. Where possible, driveway approaches shall be straight between the sidewalk and curb when construction of standard approach flares will infringe on the adjoining property's portion of the parking area. The rolled edge of the approach flare shall be poured to the top of the curb. Corner lots: Driveways shall be located no closer than twenty (20) feet to the point of tangency of a street corner. Driveways crossing ditches: Where driveway culverts are required to cross open drainage ditches, the size of the pipe shall be determined by the City Engineer, with an eighteen (18) inch inside diameter pipe (18" I.D.) as the minimum pipe size that shall be used. Should the depth of the drainage ditch not allow for this size pipe, the largest feasible pipe available shall be used. The pipe shall be a minimum of 2000D Reinforced Concrete Pipe. The property owner shall supply the pipe and approved fill material at their expense. The pipe shall be of sufficient length to ensure a 3:1 (horizontal to vertical) slope from the bottom of the ditch to the edge of the driveway. The Engineering Department shall be contacted for construction grades for placement of the culvert pipe. Hard surfacing of the driveway shall be at the owner's expense. Driveway flares shall commence at the centerline of the culvert. Sec. 14. SAWING OF CONCRETE FOR REMOVAL. Where sawing is required to remove existing concrete sidewallc, it shall be sawed full depth to prevent any damage to adjacent squares Approved by the Waterloo City Council: March 26, 2012 — 4 — Sec. 15. Sec. 16. Sec. 17. PROPOSED MARCH 23, 2012 of sidewalk or paving. Only full sidewalk panels shall be removed, no partial panel removal. Sawing for curb cuts shall be full depth with the SAW CUTS COMING TO A POINT WITH NO OVERLAPPING OR OVERCUTTING ALLOWED. The Contractor may elect to utilize a "corner saw" or six (6) inch diameter full depth core drill at the boxout corners to prevent said "overcutting". If the Engineer determines that overcutting may damage the surrounding slab, the saw cut shall be extended to the next transverse joint. Additional handwork, as approved by the Engineer, may be required in the corners of the removed boxouts. When the curb section is sawed for a curb cut and the pavement transverse or longitudinal joint is within six (6) feet, sawing shall continue to the pavement joint and the pavement removed. Each end of the new curb section shall be connected to the existing curb via a BT' joint, with a minimum of two (2) #5 dowel bars, 24 -inches in length, evenly spaced, at each end of the new curb section. New curb shall be constructed as needed for proper curb cut dimensions. SUBGRADE. The subgrade upon which the sidewalk and/or driveway is to be placed shall be prepared by excavating or filling with suitable material to the finished subgrade elevation of the sidewalk and/or driveway. Said subgrade shall be tamped with an approved hand tamper or vibratory plate or rolled with an approved steel roller until smooth, firm, uniform, and unyielding (as approved by the Engineer) to the required depth below the finished grade line. All soft, spongy or yielding spots and all vegetable or other perishable matter shall be removed and the space refilled with suitable material. NO SAND will be allowed for fill, unless it is similar to the existing subgrade material found at the work site. The subgrade shall be thoroughly moistened prior to the placement of PCC. If the contractor is required to add water to the subgrade to provide uniform moisture content, the method of incorporating water into the subgrade shall not form mud or pools of water and shall be approved by the Engineer. FILLS AND CUTS. When filling is necessary to bring the walk and/or drive to grade, the fill shall be deposited and compacted in layers of not more than six (6) inches. The top of all such fills shall extend beyond the surface of the walk and/or drive on each side thereof not less than one (1) foot vertical to four (4) feet horizontal. Fill material shall be compacted to a minimum of ninety-five percent (95%) of its Standard Proctor Density or subbase density specification of the contract plans. For cuts, the distance from the base of the cut to the nearest edge of the walk and/or drive shall be at least one (1) foot. The cut slope shall no greater than one (1) foot vertical to three (3) feet vertical. Retaining walls: When sidewalk construction requires the installation of retaining walls to maintain or support adjacent soils or adjacent improvements, detailed retaining wall construction plans shall be submitted for approval by the City Engineer. Unless otherwise approved by the City Council, all retaining walls shall be located on private property. FORMS. Forms of wood or steel shall be used along each edge of the sidewalk and/or driveway. These forms shall be set true to line and grade and shall be held rigidly in place by stakes placed outside the forms and flush with or below the top edge of the forms. Form stakes shall be spaced no more than four (4) feet apart for wood forms and five (5) feet apart for steel forms. All steel forms shall have a height equal to the specified depth of sidewalk and/or driveway. Standard dimensional lumber for wood forms shall be acceptable, i.e., 2" x 4", 2" x 6", etc., and shall be free from warp and approved by the Engineer for use. All forms shall be Approved by the Waterloo City Council: March 26, 2012 Sec. 18. Sec. 19. Sec. 20. PROPOSED MARCH 23, 2012 clean and free from mortar and/or dirt. When the sidewalk and/or driveway is curved, a one (1) inch nominal thickness wood form or flexible steel form shall be permitted. These forms shall be staked no more than two (2) feet apart or as approved by the Engineer. SETTING FORMS. The forms shall be well staked as detailed in Section 17 to the lines and grades given by the Engineer, and their edges shall conform to the finished grade of the walk. Forms shall be so set that the sidewalk shall have a slope toward the street of no greater than one quarter (1/4) inch for each foot of width. Sidewalks shall be set at a standard elevation of one (1) foot above the gutter flowline elevation. This elevation may be adjusted 0.25 feet up or down, but only by approval of the Engineer. Sidewalks, including the sidewalk section in driveway approaches, shall follow the grade of the street. The only exception is on a waiver of grade. Corner lots: sidewalks shall be set at an elevation that allows handicap accessibility ramps to be constructed at a target running slope of 6% but no greater than 8%. The back of the sidewalk shall be one (1) foot inside the right-of-way line. The forms for a new gutter section at driveways shall be set so that a two (2) inch lip shall be constructed. The forms for the gutter section of sidewalk accessibility ramps shall be set so that a one-half (1/2) inch lip shall be constructed. Obstructions: If an obstruction is encountered while installing a sidewalk in its normal location, the obstruction shall be removed or relocated. In cases where obstructions may be impractical or cost -prohibitive to move, the sidewalk may be shifted upon approval by the City Engineer. A shifted sidewalk shall be constructed at a maximum taper of 5:1 to and away from the obstruction, with a straight section adjacent to the obstruction. In no case shall a shifted sidewalk be closer than five (5) feet to the back of curb. Public sidewalks shall not be placed on private property without the approval of the City Council. ADJUSTMENTS. Whenever any adjustment of the grade or slope is necessary or advisable in order to have the work conform to existing abutting walk or other abutting structures, the adjustment shall be made only with the permission, and under the direction of the Engineer. EXPANSION JOINTS. Strips of an approved type of flexible foam expansion joint material, one-half (1/1) thick and meeting the requirements of Iowa DOT Specification Section 4136, shall be placed perpendicular to the side forms, and to the full depth of the walk at least once in every sixty (60) feet of walk or as directed by the Engineer, or as shown on the plans. Similar joints shall be provided when new walks abut other concrete walks, structures, or curbs. For lots having a frontage over sixty (60) feet in length, the expansion shall be placed on a joint approximately half way from the driveway to the farthest property line. One-half (1/2) inch expansion shall be used between the driveway approach and sidewalk; one-half (1/2) inch expansion shall be used between the approach and back of curb as detailed in Exhibit "A" - 6 - Approved by the Waterloo City Council: March 26, 2012 Sec. 21. PROPOSED MARCH 23, 2012 contained herein. An expansion joint shall be installed at the property line between the driveway and the approach section where waivers of the sidewalk section have been approved. READY -MIXED CONCRETE: Ready -mixed concrete shall be used for all public sidewalks and PC Concrete driveways within the public right-of-way. The term, "Ready -Mixed" concrete, shall be construed to mean concrete that is either: • Proportioned in a central plant and mixed in a stationary mixer for transportation in trucks with or without agitation; • Proportioned at a central plant and only partially mixed in a stationary mixer for transportation and fmish mixing in a transit mixer; • Proportioned and then mixed in a transit mixer prior to or during transit. A. Transporting Concrete. Vehicles for transporting concrete shall be so constructed as to ensure against loss of any of the ingredients of the concrete and to ensure rapid discharge of the concrete. At the time of delivery, the concrete shall be uniform in composition and at the specified consistency. Concrete in which the cement has been in contact with the water and aggregate for more than 90 minutes before the time it is placed within the forms shall not be used. Under no circumstances shall partially hardened or re -tempered concrete be used. B. Delivery. The methods of delivering and handling the concrete shall be such that facilitates placing with a minimum of re -handling and without damage to the concrete. C. Truck -Mixed Concrete. When a stationary mixer is used for partial mixing of the concrete, the mixing time in the stationary mixer shall be not less than is required to intermingle the ingredients but not less than thirty (30) seconds. When a truck mixer is used, either for complete mixing or to fmish partial mixing done in a stationary mixer, each batch shall be mixed not less than 50 nor more than 100 revolutions of the drum at the rate of rotation designated by the mixer manufacturer as mixing speed. Additional mixing, if any, shall be at the speed designated by the manufacturer of the equipment as the agitating speed. When a truck mixer is used for transporting concrete that has been completely mixed in a stationary mixer, mixing during transportation shall be at the speed designated by the manufacturer of the equipment as the agitating speed. D. Mix Design. 1. Cement: The acceptable mixes for driveways and sidewalks shall be C-4 or M-4. All sidewalk accessibility ramp and alley approach repairs shall be made with M-4 mix. 2. Aggregate: Class II aggregate shall be utilized. - 7 - Approved by the Waterloo City Council: March 26, 2012 Sec. 22. Sec. 23. PROPOSED MARCH 23, 2012 3. Air Content: The target entrained air content for all non -slip form driveways and sidewalks is 7.0% with a tolerance of ±1.5%. The target entrained air content for slip -form pavement is 8.0% with a tolerance of ± 2.0%. Field adjustments may be required for the finished entrained air content to be within the tolerance range. 4. Water and consistency: The amount of mixing water used shall be that which will produce workable concrete of uniform consistency. The slump of the concrete shall not exceed four (4) inches, except as approved or specified by the Engineer. 5. Fly Ash and Ground Granulated Blast Furnace Slag (GGBFS): The usage of Class C fly ash additive will be acceptable from March 16 to October 15. The fly ash substitution rate by weight shall not be more than 20 percent. The usage of GGBFS will be acceptable from March 16 to October 15. The maximum allowable GGBFS substitution rate by weight shall not be more than 35 percent. The total mineral substitution rate shall not exceed 40 percent by weight. Between October 16 and March 15, substitution of Type 1/11 cement with fly ash and GGBFS will only be allowed when maturity testing is used to determine time of opening. PLACING CONCRETE. Ready -mixed concrete shall be placed immediately after delivery. Concrete shall be placed in a manner that will avoid segregation or separation of the ingredients. The concrete shall be spread evenly and tamped or vibrated, and it shall be well spaded against the forms, expansion joints or other abutting structures. Retempering of concrete by remixing with or without additional materials, shall not be permitted. CONSTRUCTION JOINTS. At the close of each day's work, or at any time when the process of depositing concrete is stopped for thirty (30) minutes or more, a construction joint shall be placed. For this joint a wood header board shall be used having a two (2) inch nominal thickness and conform to the cross section of the walk. This header board shall be set accurately and held in place perpendicular to the surface and at right angles to the centerline. Construction joints shall not be constructed within the sidewalk width of an intended or previously placed joint (no partial panels). Concrete shall be well vibrated against the header and finished with an edging tool. The header board and all supports shall be removed before paving resumes. When delivery of concrete is resumed, the concrete shall be placed against the exposed edge of the previously placed pavement, thoroughly vibrated and finished with an edging tool. - 8 - Approved by the Waterloo City Council: March 26, 2012 Sec. 24. Sec. 25. PROPOSED MARCH 23, 2012 FINISH AND SLAB MARKINGS. After working the concrete to an approximate true surface, the concrete shall be cut with a tool to the required sawing thickness to form the concrete into four (4) foot squares or as directed by the Engineer. The surface shall be finished true to grade, with a steel trowel, and attrien roughened slightly with a broom. Sawing will be permitted, provided the sawing depth is as follows: SIDEWALK THICKNESS SAW CUT DEPTH 4 INCHES 1-1/2" 5 INCHES 1-3/4" 6 INCHES 2" All approaches over fifteen (15) feet in width at the property line shall have one longitudinal saw cut, as a minimum, centered in the approach, or as directed by the Engineer. Approaches over fifteen (15) feet in length from back of curb to the front of the sidewalk shall have one transverse joint, as a minimum, centered from back of curb to sidewalk. See Exhibit "C" for details. Sawing of the concrete shall be completed within 24 hours after the finish work has been completed. No imprinting of names, logos, etc. is allowed in the public sidewalk. CURING OF CONCRETE. All exposed surfaces shall be cured with a white pigmented curing compound meeting the requirements of Iowa DOT Specification Section 4105. CLEAR CURING COMPOUNDS SHALL ONLY BE PERMITTED FOR COLORED CONCRETE. Curing compound shall be applied in a fine spray to form a continuous, uniform film on the surface and vertical edges of the sidewalk and/or driveway slab as soon as the free water has appreciably disappeared, but no later than 30 minutes after finishing. The rate of application shall be not less then 0.067 gallons per square yard, covering 15 square yards per gallon. Care shall be taken to ensure that liquid curing materials shall be well agitated in the supply drum or tank immediately before transfer to the dist" ibutor and kept thoroughly agitated during application. Application shall be by means of power spraying equipment capable of producing a fine spray that will not damage the surface of the concrete. Hand operated sprayers will be allowed, provided that the compound remains a uniform color and application produces a uniform coverage. If forms are used, coat the vertical edges of the pavement within 30 minutes of form removal, using curing material applied at the same rate as on the surface. If, due to other operations, the coating is damaged within 72 hours after being applied, immediately re -coat the affected areas. Coating of the sawed surface with curing compound will not be permitted on joints that are to be sealed. When concrete is opened to traffic prior to 72 hours after application of the curing compound, a re -coating will not be required. The Contractor shall exercise extreme care to prevent curing compound from being applied to the - 9 - Approved by the Waterloo City Council: March 26, 2012 SEC. 26. PROPOSED MARCH 23, 2012 detectable warning surfaces. Failure to do so shall require cleaning of the detectable surface panels or removal and replacement, at the discretion of the Engineer. After August 31, all curb cuts that require removal and replacement of the existing PCC curb and gutter and/or any pavement sections shall be protected by application of a curing compound/linseed oil combination product that extends the curing time of the concrete and protects the entire surface of the pavement and curb from the de-icing agents utilized during cold weather. The combination curing product shall be W.R. Meadows LIN-SEALTM WHITE Curing and Anti-Spalling Compound or an Engineer approved equivalent. Said product shall be applied as specified above with application rates not less than 0.067 gallons per square yard, covering 15 square yards per gallon. Cold Weather Cure. Concrete less than 36 hours old shall be protected in the following manner: Night Temperature Forecast Type of Protection 35 to 32°F 31 to 25°F Below 25°F One (1) layer of burlap Two (2) layers of burlap or one (1) layer of plastic on one (1) layer of burlap Four (4) layers or burlap between layers of 4 mil plastic, insulation blankets meeting the requirements below, or equivalent commercial insulating material approved by the Engineer The protection shall remain until one of the following conditions is met: 1. The pavement is five (5) days old 2. Opening strength is attained. 3. Forecasted low temperatures exceed 35°F for the next 48 hours. 4. Forecasted high temperatures exceed 55°F for the next 24 hours and subgrade temperatures are above 40°F. When blankets are used, use blankets consisting of a layer of closed cell polystyrene foam protected by at least one layer of plastic film, rated by the manufacturer with a minimum R -value of 1.0. Shut down paving operations in time to comply with protection requirements outlined above. The cover may be temporarily removed to perform sawing or sealing. The Engineer may modify temperature restrictions and protection requirements. When cold weather protection has to be used to protect concrete, the impervious coating can be applied after the cold weather protection has been removed. The coating needs to be applied within four (4) hours after the removal of cold weather protection. WINTER DRIVEWAY & SIDEWALK CONSTRUCTION POLICY This section applies to Driveway and Sidewalk permits issued after the fall sidewalk and driveway permit issuance cut off has passed, typically mid-to-late November. All other City of Waterloo Driveway and Sidewalk Specifications shall be met with the following revisions: — 10 — Approved by the Waterloo City Council: March 26, 2012 Sec. 27. Sec. 28. PROPOSED MARCH 23, 2012 1. All frost shall be removed from the subgrade by either: a. Constructing a tent over the construction area and heating the tent with a salamander; b. Using a radiant ground heater with "fast track" blankets; c. Or other approved method. The complete absence of frost shall be verified by the Engineer before any concrete is placed. 2. The concrete mix shall be M-4 with 2% calcium and be maintained at a temperature of 55°F or above while pouring. 3. After placement, the concrete shall be protected and a temperature of between 50°F and 90°F maintained for at least five (5) days. WEATHER. Concrete shall not be placed when stormy or inclement weather prevents good workmanship. No lumps or frozen aggregate shall be used, and concrete shall not be placed on a frozen subgrade. If weather conditions are favorable concreting operations may be started when the temperature is at least 34°F and rising. At time of placement, the temperature of the mixed concrete as discharged from the mixer shall be 55°F or above, and may proceed as long as the temperature of the fresh concrete can be maintained at or above 55°F. Mixing and placing of concrete shall stop when the air temperature is 38°F. and falling. Cold weather curing methods shall be used for protection of the slab from freezing temperatures. CARE AND PROTECTION. Workmen shall not be permitted to walk on freshly placed concrete. Any sand, dirt or vegetation on the surface of the concrete shall be carefully removed before finishing. When completed, the concrete shall be protected from pedestrian or vehicular traffic per the table below. Forms shall not be removed before twenty-four (24) hours, and when removed, cure applied as per Section 25. Once the applied cure has dried, earth shall be banked and compacted against the edge of the driveway, alley or sidewalk. MIX USE PROTECTION TIME C-4 Sidewalk 3 days Driveway 3 days Alley approach 3 days M-4 Sidewalk 1 day Driveway 1 day Alley approach 1 day Sec. 29. ASPHALT DRIVEWAY APPROACH. If asphalt is used for a driveway approach, the following criteria shall apply: 1. Residential Drive -6-1/2" thickness, minimum 2. Commercial Drive -7-1/2" thickness, minimum 3. Asphalt materials shall meet the requirements of IDOT Type A Mix -3/4" or 1/2" mix for base, 1/2" or 3/8" mix for surface. The top two (2) inches shall not be Approved by the Waterloo City Council: March 26, 2012 Sec. 30. Sec. 31. PROPOSED MARCH 23, 2012 constructed with base mix. The asphalt shall be placed in layers with the base material and the surface material being compacted to a minimum of ninety-four percent (94%) of its density. The sidewalk section of the driveway shall be PC Concrete only. No asphalt shall be placed after November 15, except by approval of the City Engineer. Asphalt shall not be used for overlay of any sidewalk. Asphalt shall only be used for sidewalk construction in accordance with Section 33 of these specifications. SIDEWALKS OVER AREAWAYS. Whenever sidewalks are constructed or repairs are required, over areaways, basements, or vaults, the requirements of these specifications are applicable only to the extent that they do not conflict with the requirements of the Building Code of the City of Waterloo, Iowa. The construction of sidewalks over areaways, basements, or vaults shall be under the supervision of a Building Official or the Engineer BARRICADING AND TRAFFIC CONTROL. The Contractor shall erect barricades and traffic control devices to provide for the safety of the general public traveling to, through, within, along and across or to prevent the public from entering the construction area. Barricades and traffic control devices shall conform to the Federal Highway Administration (FIIWA) Manual on Uniform Traffic Control Devices (MUTCD) (latest addition). THE USE OF CAUTION TAPE AND/OR CONSTRUCTION FENCE ALONE IS NOT ALLOWED. Sidewalk repair: Whoever makes the repairs shall erect traffic control devices at both ends of the work area. At a minimum, Type II barricades shall be used. Control devices shall be clean with good reflective properties. Flashing amber lights shall be required if the work area exists overnight. See Exhibit "E" for details. Alley approach repair: The Contractor shall place Type III barricades with flashing amber lights, on both the alley and street side of the approach. Barricades shall be clean with good reflective properties. If public sidewalk abuts the alley approach, the barricades described above for sidewalk repair shall also be required and placed at each end of the sidewalk section. See Exhibit "E" for details. Curb repair: The Contractor shall place Type III barricades on each end of the work area. Flashing amber lights shall be required if the work area exists overnight. Barricades shall be clean with good reflective properties. See Exhibit "E" for details. The Engineer shall periodically review barricading and traffic control devices that have been put in place by the Contractor. If barricading and traffic control devices are found to be without proper maintenance, penalties shall be assessed. Improper maintenance shall include, but not be limited to, the following situations: A. Less than 100 percent of lights in working order. B. Any barricade or sign moved or tipped over. C. Fencing not supported in a vertical position. D. Fencing not placed around excavations when workers/equipment are not working at the location. E. Lack of proper barricades or signage. - 12 - Approved by the Waterloo City Council: March 26, 2012 Sec. 32. Sec. 33. Sec. 34. PROPOSED MARCH 23, 2012 The American Traffic Safety Service Association (ATTSA) publication "Quality Standards for Work Zone Traffic Control Devices" (current addition) shall be utilized by the Engineer to determine the acceptable quality level for typical work zone barricading and traffic control devices. Each incident is treated as a separate citation on an individual basis. It is not intended that minor deficiencies be penalized if corrected the day notification is given. In addition to the following schedule of fines, the Engineer may suspend work for irresponsible and/or repeated failure to construct the project using proper barricading and traffic control procedures. Penalties: 1st Offense Written warning given by City 2nd Offense $ 100 3rd Offense $ 250 4th Offense $ 500 5th Offense $1,000 6th Offense Engineer's discretion (amount equal to or greater than $1,000) PATCHING. A sidewalk may be patched upon inspection and approval by the City Engineer. Surface depressions with an area of eighteen (18) square inches or less may qualify for repair by patching. Holes to the full depth of the sidewalk and sections of the sidewalk completely missing not exceeding eighteen (18) square inches may also be repaired by patching. No sidewalk panel shall have a patched area, including surface and full -depth patches, exceeding fifty (50) percent of the panel's total area nor a total full -depth patch area greater than one-half (1/2) square foot. Pre -approved patching materials include the following materials and vendors: • Home Depot: QUIKREI'E Vinyl Concrete Patcher (grey) • Lowes: QUIKRE I E Vinyl Concrete Patcher (grey) • Menards: AKONA Vinyl Cement Patch USAGE OF THE ABOVE REFERENCED MATERIALS SHALL BE IN ACCORDANCE WITH THE MANUFACTURERS SPECIFICATIONS. ASPHALT SIDEWALKS AT RAILROAD CROSSINGS. Asphalt may be used for sidewalks only at railroad crossings. The asphalt sidewalk shall be a minimum six (6) inches thick and shall extend no less than six (6) feet and no greater than fifteen (15) feet from the edge of the railroad ties. The length of this approach shall be dictated by field conditions and approved by the City Engineer. Asphalt shall not be allowed to overlay existing concrete sidewalk. Sidewalks at railroad crossings shall be constructed to meet current ADA requirements concerning width and slope. WATER SHUT-OFF VALVES. During the placement of concrete where water valves (pay boxes) are present, concrete shall be separated from the water valve in accordance with a method approved by the Engineer. An acceptable method consists of the following: 1. Adjust the water valve pipe so that the top of the water valve cap is flush with the sidewalk. - 13 - Approved by the Waterloo City Council: March 26, 2012 Sec. 35. PROPOSED MARCH 23, 2012 2. Remove the water valve cap. 3. Place an ASTM 3034 plastic PVC pipe around the water valve pipe cut to the appropriate sidewalk depth. The plastic pipe shall be coated with an anti -bonding agent. The pipe diameter shall be such that once the plastic pipe is removed, the water valve cap can be freely turned within the concrete. 4. Place and finish the concrete. 5. Remove the plastic pipe and fill the hole with suitable fill material. 6. Replace the water valve cap, ensuring that the top of the water valve cap is flush with the sidewalk. SLIP FORM SIDEWALK. Construction of sidewalk by slip form construction methods shall only be allowed at locations that will permit a minimum of one hundred fifty (150) feet of continuous pouring length of sidewalk and as approved by the Engineer. The slip form paving machine shall be approved by the Engineer and designed for the specific purpose of placing, consolidating, and finishing concrete sidewalk slabs without use of fixed side forms. Edges of the concrete slab as built by the machine shall be approximately vertical. The machine shall be self-propelled and shall be equipped with means for spreading the concrete to a uniform depth before it enters the throat of the machine. The machine shall vibrate the concrete to the full width and depth being placed in a single passage. Such vibration shall be accomplished by vibrating tubes or arms working in the concrete of the vibrating pan operating on the surface of the concrete. The amplitude, rate of vibration, and locking device for depth shall be as specified in Iowa DOT Specifications, Article 2301.07, Paragraph A(6)(a). The slip form paving shall produce a surface reasonably free of surface voids and tears. The slip form paving shall be equipped with automatic horizontal and vertical grade controls. The subgrade shall be constructed in accordance with Sections 15 and 16 of these specifications. SEC. 36. CURB SAWING FOR DRIVEWAY APPROACHES & SIDEWALK ACCESSIBILITY RAMPS. This work consists of horizontally and vertically saw cutting existing PCC curb to accommodate the construction of driveway approaches or sidewalk accessibility ramps in lieu of conventional PCC curb cut box -out removal and replacement methods. Contractors proposing to utilize this method of driveway approach or sidewalk accessibility ramp construction shall notify the Engineer at the time of permit issuance. Curb sawing shall only be performed by workers experienced in operating the required equipment. The PCC curb sawing system shall employ either a curb cutting machine or a track -mounted circular diamond blade wall saw. NO UNCONTROLLED HAND SAWING SHALL BE ALLOWED. For driveway approaches, the curb sawing shall be full depth at the base of the curb section face and shall be at a maximum elevation of 1/2" above the existing gutter and sawn at an angle that will provide an elevation of 2" above the existing gutter at the back of curb. For sidewalk accessibility ramps, the curb sawing shall be full depth at the base of the curb section face (gutter line) and sawn at an angle that will provide an elevation of 1/2" above the existing gutter at the back of curb. The corners of the resulting edge lips of the sawn curb shall be ground using a diamond blade Approved by the Waterloo City Council: March 26, 2012 — 14 — SEC. 37 SEC. 38. PROPOSED MARCH 23, 2012 grinding wheel to a radius of 1/4" or as approved by the Engineer. If the curb sawing method causes any damage to existing curb and/or street, as determined by the Engineer, a standard 2' minimum curb cut box -out shall be installed. Upon completion of the curb sawing operations, all track mounting anchoring bolts, sleeves, lead plugs, etc. shall be immediately removed from the roadway PCC slab. The resulting holes shall be air blasted clean and filled immediately with TK Products, TK -9000, 100% EPDXY CRACK FILLER or an equal product approved by the Engineer. The exposed saw cut curb face shall be coated with a penetrating non -glossy sealer designed to protect the concrete from chloride intrusion and currently approved for use by the Iowa DOT (Materials I.M. 491.12, Appendix B), or an equal product approved by the Engineer, and placed in accordance with the manufacturer's specifications. SIDEWALK ACCESSIBILITY RAMPS. Sidewalk accessibility ramps (a.k.a. handicap ramps) allow all pedestrian facility users to easily and safely transition from sidewalks to streets. Regulations within the Federal Americans with Disabilities Act (ADA) and supplemental design guides provide rules for design and construction of these ramps. • Perpendicular Ramps: Perpendicular ramps have a running slope that cuts through the curb or meets the gutter grade break at a right angle. See Exhibits "A" and "Al" for details. • Parallel Curb Ramps (a.k.a. Non -perpendicular ramps): Parallel ramps have a running slope that is in-line with the direction of sidewalk travel and does not cut through the curb or meet the gutter grade break at a right angle. See Exhibits "A" and "Al" for details. • Blended Transitions: Blended transitions have slopes that are both parallel and perpendicular to the curb and are typically achieved by depressing the entire curb radius to street level, resulting in a nearly flat platform area behind the curb radius. See Exhibit "Al" for details. • Diagonal Ramps: Diagonal ramps generally direct pedestrian traffic into the center of an intersection, potentially endangering all users. Diagonal ramps shall not be installed within the City of Waterloo DETECTABLE WARNING SURFACES. Detectable warnings shall be placed at all new or reconstructed sidewalk accessibility ramps and placed in accordance with the design plans for that particular style of ramp. All detectable warning surfaces placed shall consist of truncated domes aligned in a square grid pattern, manufactured in accordance with the current ADA detectable warning regulations, and be installed per the manufacturer's specifications. The detectable warning surfaces shall be cast iron or replaceable stainless steel. Colored detectable warning surfaces shall be Brick Red, Federal Color #22144 or as approved by the City Engineer. Once the detectable warning surfaces have been set, the contractor shall fmish the edges along the detectable warning surfaces. The area between the detectable warning sections and the back of curb, if an area exists, shall be - 15 - Approved by the Waterloo City Council: March 26, 2012 PROPOSED MARCH 23, 2012 cured per Section 25. Contractors shall use care so that no cure is applied to the detectable warning sections. The following list of detectable warning surface producers and their products is not exhaustive. Producers and/or products not listed herein may be used upon approval by the City Engineer. Company Product Type MetaDome, LLC MetaCast Cast Iron EJ Group, Inc. Detectable Warning Plates Cast Iron Neenah Foundry Co. Cast Iron MetaDome, LLC MDMetaPanel Stainless Steel ADA solutions, Inc Replaceable Stainless Steel Wet Set Truncated Dome Detectable Warning Systems Stainless Steel Approved by the Waterloo City Council: March 26, 2012 - 16 - CITY OF WATERLOO Committee Communication City Council Meeting: March 26, 2012 Prepared: March 20, 2012 ,�yyam� / Dept. Head Signature: (//a v� # of Attachments: 3 SUBJECT: Ordinance Amendment of 7-1-2B Snow And Ice Removal Submitted by: Larry Smith; Superintendent of Waste Management Services Recommended City Council Action: Approve ordinance amendment of 7-1-213 Snow And Ice Removal Summary Statement: Expenditure Required: None Source of Funds: Policy Issue: Currently in: City of Waterloo Snow and Ice Control Program and Policy Alternative: Use current 7-1-2B Snow And Ice Removal Ordinance Background Information: The ordinance amendment changes from "remove accumulations of snow and ice from the sidewalks" to "remove accumulations of two inches or more of snow and ice from the sidewalks." The ordinance amendment takes away current ordinance of "within a reasonable amount of time" to time frames of "Within twenty-four (24) hours in downtown, business districts, or a three (3) block radius of schools and hospital areas" and "Within forty-eight (48) hours in residential neighborhoods." The ordinance amendment adds, "If another snow event occurs, the timeframe will not be reset." From currently, "If snow falls between the time the property was posted and the follow up date, the time for removal begins again when the snow stops falling" by code enforcement, not in Snow and Ice Control Program and Policy or city ordinance. In the, City of Waterloo Snow and Ice Control Program and Policy, the wording is: "In no case shall a reasonable time be construed as less than 24 hours for commercial areas and areas directly adjacent to high pedestrian traffic generators such as schools, or 72 hours in other areas." Comparing, Snow and Ice Control Program and Policy to the ordinance amendment downtown, business districts, schools and hospital is the same 24 hours as the current ordinance, but residential neighborhoods is being changed from 72 hours in the, Snow and Ice Control Program and Policy to "Within forty-eight (48) hours" in the ordinance amendment. The ordinance amendment adds #3 that is not in the current ordinance. • Sterling Codifiers, Inc. Page 1 of 3 7-1-2: PROHIBITED ACTS AND CONDITIONS: A. Coasting: 1. Toy Vehicles: No person shall coast down, in or upon the streets in the city upon or in any wagon, tricycle, roller skates or any other nonmotor propelled devices, other than bicycles, except in the manner and under and upon the conditions set outin subsection A3 of this section. s' 2. Motor Vehicles On Sidewalks: No person shall coast down, in or upon the public sidewalks in the city upon or in a motor propelled vehicle of any kind. 3. Play Streets; Exceptions: No person shall coast down, in or upon the streets or public sidewalks in the city upon or in any sled, coaster wagon or scooter, except that coasting with sleds, coaster wagons or scooters shall be permitted on certain streets so designated and closed by the police department, and the police department shall specify and designate such street or streets following a conference and agreement with the leisure services department, and all such coasting so permitted shall be under the supervision of the leisure services department. All coasting may be thereafter prohibited and the streets closed to coasting by the police department, if, in the opinion of the police department or the captain of traffic thereof, that the coasting constitutes a nuisance or hazard. B. Snow And Ice Removal: 1. Transfer Of Snow And Ice From Private Property: No person shall transfer or cause to be transferred any snow or ice from private property onto public property in the city. 2. Removal From Sidewalks: It shall be the responsibility of the abutting property owner to remove accumulations of snow and ice from the sidewalks within a reasonable amount of time. C. Injurious Materials: 1. No person shall throw or deposit upon any street, alley or sidewalk in the city, any glass, glass bottles, nails, tacks, wire, cans or any other substance likely to injure any person, animal or tires, or other part of a vehicle, using the street, alley or sidewalk. 2. Any person who drops or permits to be dropped or thrown upon any street, alley or sidewalk of the city, any destructive or injurious material, shall immediately remove the material, or cause it to be removed. 3. Any person removing a wrecked or damaged vehicle from a street shall remove any glass or other injurious substance dropped upon the street from the vehicle. http://www.sterlingcodifiers.com/codebook/printnow.php 2/10/2012 Date: March 2, 2012 Ordinance Amendment of 7-1-2B Snow And Ice Removal: 1. Transfer Of Snow And Ice From Private Property: No person shall transfer or cause to be transferred any snow or ice from private property onto public property in the city. 2. Removal From Sidewalks: It shall be the responsibility of the abutting property owner(s) to remove accumulations of two inches or more of snow and ice from the sidewalks. (a) Within twenty-four (24) hours in downtown, business districts, or a three (3) block radius of schools and hospital areas. (b) Within forty-eight (48) hours in residential neighborhoods. (c) If another snow event occurs, the timeframe will not be reset. 3. In the event that snow or ice cannot be reasonably removed, the owner will put on the sidewalk sand or other abrasive material in such an amount and manner to make foot traffic reasonably safe. The owner will maintain that condition until the weather permits the removal of the snow or ice. Snow and Ice Control Program and Policy Page 5 Operators will contact the Street Department to determine when it would be best to refuel. 7. Equipment operators shall obey_ all traffic Iaws during snowplowing operations. 8. Operators who are involved in an accident are required to report the accident to their immediate supervisor and the Police Department at once. Operators nest also complete an accident report and submit it to their immediate supervisor before the end of their shift. SIDEWALKS AND PARKING LOTS Sidewalks 1. All sidewalks adjacent to City -owned property should be cleaned by the City during normal shift hours. This is accomplished by Traffic, Parking Maintenance and Leisure Services personnel. (See Appendix C) 2. The cleaning of all other sidewalks is the responsibility of the adjacent property owner. The City will attempt to prevent plowing snow onto sidewalks; however, the City will not clean sidewalks adjacent to private property. Cleaning sidewalks that are plowed in by City plows is the responsibility of the adjacent property owner. Complaints will be handled by the Street Department. No person shall transfer or cause to be transferred any snow or ice from private property onto pubic property in the City. It shall be the responsibility of the abutting property owner to remove accumulations of snow and ice from the sidewalks within a reasonable amount of time. 3. It is the responsibility of the business persons and property owners to keep the sidewalk in front of and adjacent to their businesses or property cleaned and to prevent snow and ice accumulations from building up around the city parking meters. 4. Enforcement of City Ordinance pertaining to snow removal from public sidewalks is the responsibility of the Superintendent of Waste Management Services. 5. Snow should be removed from public sidewalks within a reasonable length of time following the end of a snowfall event. The timeframe for snow removal is related to several factors such as the anticipated pedestrian traffic, amount of snowfall, weather conditions, etc. Public sidewalks not cleared within a reasonable time may be subject to code enforcement actions. In no case shall a reasonable time be construed as less than 24 hours for commercial areas and areas directly adjacent to high pedestrian traffic generators such as schools, or 72 hours in other areas. City Parking Lots 1. All City parking lots will generally be cleaned between 12:00 a.m. and 8:00 a.m. Snow hauling from these lots will be done as needed by the Parking Maintenance Department. Snow hauling from parking lots will generally be done during the day; Mayor BUCK CLARK COUNCIL MEMBERS •H••••S••••••NM• DAVID JONES Ward 1 CAROLYN COLE Ward2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: MARCH 26, 2012 Prepared: March 21, 2 Dept. Head Signature: # of Attachments: is SUBJECT: Resolution setting date of hearing as April 9, 2012 to approve a request by Invision Architecture on behalf of the Waterloo Community School District to rezone 20.56 Acres from "A-1" Agricultural District to "R-1" One and Two Family Residence District, property located at the northeast corner of Kimball Avenue and East Orange Road in connection with the new Orange Elementary School, generally located at the northeast corner of Kimball Avenue and East Orange Road. Submitted by: Noel Anderson, Community Planning and Development Director Recommended City Council Action: Set a date of public hearing on the rezoning request and publish an official notice pertinent to the requested rezoning. Summary Statement: Transmitted herewith is a request set a date of hearing to approve request to rezone 20.56 acres to "R-1" One and Two Family Residence District in connection with the new Orange Elementary School. Expenditure Required: None Source of Funds: N/A Policy Issue: Rezone Legal Description: See attached Plat of Survey Background Information: The applicant is currently constructing a new elementary school located approximately 1,000 feet north of the existing Orange Elementary School. The proposed school will be similar in design to Highland Elementary School that was approved in mid -2010. Highland School was 75,000 SF and contained 120 parking stalls. A school is permitted in the existing "A-1" Agricultural District, but the applicants have requested the site to be rezoned to "R-1" One and Two Family CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal opportunity/Affirmative Action Employer Residential District to be consistent with planned residential development surrounding the proposed school. The proposed location is principally vacant agricultural ground although several agricultural buildings that had previously been associated with the farmhouse on 5463 Kimball Avenue will be demolished. The home at 5463 Kimball Avenue will remain and is not part of the site in question. The site plan would appear to meet all setback requirements for the one-story school facility, and has sufficient green space for future growth and expansion. The school would be built to have a similar capacity as Highland Elementary, which is being built for 450 students, with the ability to expand up to 650 students. The Zoning Ordinance requires that for elementary, middle schools and other places of under driving -age students, 1 parking space for each person regularly employed on the premises, and 1 parking space for each classroom. Although exact numbers are not known at this time it would appear the preliminary site plan shows 129 parking stalls which would appear to be adequate for the proposed elementary school. At this time, there are no immediate demolition plans for the existing Orange Elementary School. In addition, future plans for use of the existing building are unknown. At their September 13, 2011 meeting, the Planning, Programming and Zoning Commission unanimously recommended approval of the request. cc: Noel Anderson, Community Planning & Development Director Path: K:\USERS\Planning\Adam\Council Letters\letter Rezone from A-1 to R -I for Orange Elementary 3.26.12.doc REQUEST: APPLICANT: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: DEVELOPMENT HISTORY: BUFFERS/ SCREENING REQUIRED: DRAINAGE: FLOODPLAIN: PUBLIC /OPEN September 13, 2011 Request by Invision Architecture on behalf of the Waterloo Community School District to rezone 20.56 Acres from "A-1" Agricultural District to "R-1" One and Two Family Residence District, for the purpose of constructing the new Orange Elementary School, generally located at the northeast corner of Kimball Avenue and East Orange Road. Invision Architecture, 501 Sycamore Street, Suite 101, Waterloo, IA 50703, on the behalf of the Waterloo Public School District. The applicant is requesting to rezone the property generally located at the northeast corner of Kimball Avenue and East Orange Road. Currently, the site is zoned as "A-1". The applicants have asked that the site be rezoned to "R-1" for the purpose of constructing the new Orange Elementary School. The request would not appear to have a negative impact on the neighborhood, as the proposed use would develop currently vacant agricultural ground and take the place of the existing Orange Elementary School. The request would appear to have minimum impact on traffic conditions in the area. Access to the site in question would be from Kimball Avenue, which is classified as a collector street. Access at the previous site was off Kimball Avenue as well as E Orange Street. There are no recreational trails within the nearby vicinity, and currently there are no plans to extend recreational trails to this area. The property in question in currently zoned "A-1" Agricultural District and is proposed to be rezoned to "R-1" One and Two Family Residence District. Other properties on the east side of Kimball Avenue are zoned "A-1" Agricultural District. Properties on the west side of Kimball Avenue are zoned "R-1" One and Two Family Residence District. North, East and South —Agricultural uses. West- Single-family residences. The surrounding residential uses were built in the 1950's and 60's. No additional screening is needed for the request as no residences are present directly adjacent to the proposed school. The proposed development would be required to submit storm water calculations and a storm water retention plan to the Engineering Department. The land in question is not located within any Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map dated July 11, 2011. Lichty Park is located 1,200 feet west of the site in question. The 9.13.11 Rezone Al to R1, Orange School Page 1 of 3 1 SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: September 13, 2011 existing Orange Elementary is located approximately 1000 feet to the south. The area is served by water, sanitary sewer, and other utilities. There is an 8" sanitary sewer line and a 15" storm sewer line along Kimball Avenue to the west. In addition, plans are underway for an 8" sanitary sewer line to be extended from Hammond Avenue with the expected completion of the line to occur before the school would be finished. The Future Land Use Map designates this site as Low Density Residential. An education can be located in almost any zoning district upon issuance of a special permit, making this compatible with the Comprehensive Plan and Future Land Use Map. The site is located within the Primary Growth Area as designated on the Growth Area Map within the Comprehensive Plan. The proposed rezone consists of approximately 20.56 acres located generally located at the northeast corner of Kimball Avenue and East Orange Road. The applicant is proposing to construct a new elementary school located approximately 1,000 feet north of the existing Orange Elementary School. The proposed school will be similar in design to Highland Elementary School that was approved in mid -2010. Highland School was 75,000 SF and contained 120 parking stalls. The proposed location is principally vacant agricultural ground although several agricultural buildings that had previously been associated with the farmhouse on 5463 Kimball Avenue will be demolished. The home at 5463 Kimball Avenue will remain and is not part of the site in question. The site plan would appear to meet all setback requirements for the one-story school facility, and has sufficient green space for future growth and expansion. The school would be built to have a similar capacity as Highland Elementary, which is being built for 450 students, with the ability to expand up to 650 students. The Zoning Ordinance requires that for elementary, middle schools and other places of under driving -age students, 1 parking space for each person regularly employed on the premises, and 1 parking space for each classroom. Although exact numbers are not known at this time it would appear the preliminary site plan shows 129 parking stalls which would appear to be adequate for the proposed elementary school. At this time, there are no immediate demolition plans for the existing Orange Elementary School. In addition, future plans for use of the existing building are unknown. There is no platting required for this request, but platting may be required when the area is developed. 9.13.11 Rezone A1 to R1, Orange School Page 2 of 3 2 September 13, 2011 STAFF Therefore, staff recommends that the request to rezone from "A-1" RECOMMENDATION: Agricultural District to "R-1" One and Two Family Residence District be approved for the following reasons: 1. The request would not appear to have a negative impact upon the surrounding area, and would appear to be compatible with the surrounding area. 2. The request is in conformance with the Comprehensive Plan and Future Land Use Map. 9.13.11 Rezone A1 to R1, Orange School Page 3 of 3 3 Request By Waterloo Community Schools to Rezone Property From "A-1" to "R-1" For New Orange Elementary School Area Proposed to be Rezoned For New Orange Elementary School Sidehill Dr Lichty Blvd E Orange Rd Existing Orange School Location WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC. P.O. BOX 898 WATERLOO, IOWA 50704-0898 PHONE: VOICE) 319-235-6294 (FAX) 319-235-0028 INCH 200 FEET KIMBALL AVE. PLAT OF SURVEY PARCEL PART OF THE SW 1/4, SECTION 15—T88N—R13W WA itKLOO, BLACK HA W< COUNTY, IOWA SURVEY FOR: WATERLOO COMMUNITY SCHOOL DISTRICT PROPRIETOR: HOPE ANDERSON SURVEY LEGEND: W 1/4 CORKER (FOUND 3" ALL84. 1.400.) 15-1158N—B13w I/MC. 343-351 (889'1224°W) 0 DENOTES 1/2 X 24. STEEL REBAR W/ RED PLASTIC CAP W/ NO. 16775 SET DENOTES SET MAG NAL WASHER #16775 000.00 DENOTES RECORD DIMENSION (000,00) DENOTES FIELD DIMENSION 2 0 fa b 589'1214W) (175.01') 0 PARCEL 'A'. (20.562 ACRES) (N89'12'24"E) (8.50_05') • • -.', (40.00') (N89 -12'24°E) 40' r - r) is P c`74 cis SRELD BOOK 697-01 125' ;11 LD. 109-313 — (2857.36') (589'12'24W) 0 S 1/4 CORNER SEC. 15—TBEIN—R13W (FOUND 1/2REBAR) MISC. Bit. 320-501 E. ORA GE ROAD 6 WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC. PHONE: VOICE) 319-235-6294 P.O. BOX 898 WATERLOO, IOWA 50704-0898 (FAX) 319-235-0028 /7-- PLAT OF SURVEY PARCEL 'A' PART OF THE SW 1/4. SECTION 15-T8BN-R13W WATERLOO, BLACK HAWK COUNTY, IOWA SURVEY FOR: WATERLOO COMMUNITY SCHOOL DISTRICT PROPRIETOR: HOPE ANDERSON LEGAL DESCRIPTION PARCEL *A" SHEET 1 OF 2 That part of the Southwest Quarter (SW 1/4) of Section Fifteen (15), Township Eighty-eight North (T138N), Range Thirteen West (R13W), Fifth Principal Meridian, Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the Southwest corner of aforesaid Southwest Quarter (SW 1/4); thence N00r09.58-W Six Hundred Twenty-five and Four Hundredths (625.04) feet olong the West line of said Southwest Quarter (SW 1/4); thence N89 -12.24E Forty (40.00) feet to the East right-of-way line of Kimball Avenue as shown on Land Deed 550, Page 517 in the Block Hawk County Recorder's Office and to the point of beginning; thence continue N8912'24'1 Eight Hundred Fifty and Five Hundredths (850.05) feet; thence N00'09'58"W One Thousand One Hundred and Seven Hundredths (1100.07) feet; thence S89 -12'24-W Six Hundred Seventy-five and Four Hundredths (675.04) feet; thence S0009'58E Two Hundred Twenty-five and One Hundredths (225.01) feet; thence S89 -1224"W One Hundred Seventy-five and One Hundredth (175.01) feet to aforesaid East right-of-way line: thence 5000958E Eight Hundred Seventy-five and Five Hundredths (875.05) feet along said Eost right-of-way line to the point of beginning containing 20.562 Acres. 0 E SFIELD BOOK 697-01 This Plat or Subdivision hos been reviewed by (Waterloo) Signature of (Waterloo) Date Zoning Ordinance Administrator CERTIFICATION I hereby certify thot this load our veyinq donument ram propored and the related survey work woe performed by rne or under my direct personal super., -,:on end that I am a duty Licensed Land Surveyor under the loam of the StMth of -road Date af Surv• David L Schell, L5. Dec 20- License No POWS or Sheet. Covered by title Sno2 My Mere, renewal dote la December 31, 2012 16775 'ON 311d S3D 7 .1'0O M A2JVIN311313 30Nt2HO wrowsronm'o� Rezone "A-1" to "R-1" — Orange Elementary School Rezone at Kimball Ave and E Orange Rd Looking northeast across Kimball Avenue at the area proposed to be rezoned for the new Orange Elementary School. Looking east across Kimball Avenue at the area proposed to be rezoned for the new Orange Elementary School. Looking southeast across Kimball Avenue at the area proposed to be rezoned for the new Orange Elementary School. Looking south along Kimball Avenue towards E Orange Road. The existing Orange Elementary School is Located at southwest corner of that intersection. 9 Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: March 26, 2012 Prepared: March 21, 2012 Dept. Head Signature: # of Attachments: / SUBJECT: Request to set a date of public hearing as April 9, 2012 to authorize the vacate of a portion of W 2nd Street, located between Jefferson Street and Washington Street, a portion of Washington Street, from W 3rd Street to W 2nd Street, and a portion of the public alleys located in Block 13 and Block 14 of Original Plat of Waterloo West, to allow for the development of a new 130,000 SF recreational and athletic indoor sports facility (Cedar Valley Sportsplex). Submitted by: Noel Anderson, Community Planning & Development Director Ree.ommended City Council Action: Approval. Summary Statement: Transmitted herewith is a request to vacate a portion of W 2nd Street, located between Jefferson Street and Washington Street, a portion of Washington Street, from W 3rd Street to W 2nd Street, and a portion of the public alleys located in Block 13 and Block 14 of Original Plat of Waterloo West, to allow for the development of a new 130,000 SF recreational and athletic indoor sports facility (Cedar Valley Sportsplex). The request would not appear to have a detrimental impact on the traffic in the area, as they are not heavily traveled streets. There is a 15" sanitary sewer line located within 2nd Street, which runs from Washington Street northeast and stops at the alley. There is a 15" sanitary sewer that runs along the alleys within Block 13 and 14 of the Original Plat of Waterloo West, which connects with the sewer in W 2nd Street. There is a 60" sanitary sewer located within Washington Street. There is also a 12" storm sewer located within W 2nd Street, which runs from Washington Street to Jefferson Street. There is a 6" and a 12" water main located within Jefferson Street. Also, there is a 6" water main in W 2nd Street, between Jefferson Street and Washington Street, and that line will either need to be used by the applicant or killed. It appears as if the 60" sanitary sewer located within Washington Street will remain, so an easement will need to be maintained over that area, however, the rest of the sewer lines and any other utilities will be abandoned or relocated as part of this project, as they will not serve any properties; therefore no easements will need to be retained over the rest of the areas. CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer • Please find attached a legal description of the area to be vacated and conveyed, staff report and aerial photograph. Therefore, we would ask that the City Council set a date of public hearing as April 9, 2012, and publish and official notice pertinent to the request to vacate the area described in Exhibit "A". Expenditure Required: None Source of Funds: None required Policy Issue: Land Use and Economic Development Alternative: Background Information: The City of Waterloo, in conjunction with Waterloo Development Corporation, has been acquiring the necessary properties that encompass the two -block area for several years now, in anticipation of constructing the Cedar Valley Sportsplex. Legal Description: See attached legal descriptions AS:sg cc: Noel Anderson, Community Planning & Development Director. --file-- February 7, 2012 ZONING HISTORY FOR SITE AND IMMEDIATE The properties in question are zoned "M-1" Light Industrial District, VICINITY: and have been zoned as such since adoption of the Zoning Ordinance in 1989' howeverthe applicant is in the process of requesting to rezone the properties to "0-3" Central Business District. The properties to the east and north are zoned '0-3" Central Business [)iotrict, while the vacant lot across U.G. Hwy 63 to the west is zoned "M-1" Light Industrial District. DEVELOPMENT HISTORY: BUFFERS/ SCREENING REQUIRED: DRAINAGE: A mjOrkv of the buildings within the vicinity of the vacate areas have been torn down by the City in anticipation of this project. Most of those buildings and surrounding buildings were constructed in the mid 1900'a. The area is part of the 1854 Original Plat of Waterloo. There would not be any screening requirements for this development, although landscaping will be required per the Zoning Ordinance. There are no known drainage problems for the site. FLOODPLAIN INFORMATION: The property is Iocated within Zone X — Protected by Levee as indicated bythe Flood tnsurance Rate Map No. 190025 301F and 3O2F PUBLIC/OPEN SPACES/SCHOOLS: The Waterloo River Loop Expo is Iocated just to the east along Jefferson Street. Also, the Waterloo Center for the Arts, Phelps Youth Pavilion, Waterloo Public Library, and Yourig Arena are Iocated a few blocks to the north, the convention center is located a few blocks to the east, and the Grout Museum, Imaginarium, and Washington Park are located a few blocks to the south. UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC: There is a 15" sanitary sewer line located within 2nd Street, which runs from Washington Street northeast and stops at the alley. There is a 15^ sanitary sewer that runs along the alleys within Block 13 and 14 of the Original Plat of Waterloo West, which connects with the sewer in W 2nd Street. There is a 60" sanitary sewer located within Washington Street. There is also a 12" storm sewer located within VV2nd St[eet, which runs from Washington Street to Jefferson Street. There is a 6" and a 12''water main located within Jefferson Street. Also, there is a 6" water main in W 2nd Street, between Jefferson Street and Washington Street, and that line will either need to be used by the applicant or killed. It appears as if the 60" sanitary sewer located within Washington Street will remain, so an easement will need to be maintained over that area, however, the rest of the sewer lines and any other utilities will be abandoned or relocated as part of this project, as they will not serve any properties; therefore no easements will need to be retained over the rest of the areas. RELATIONSHIP TO COMPREHENSIVE The Future Land Use Map (February 3, 2003) designates the area LAND USE PLAN: as Commercial. The vacate would allow for the Sportsplex facility, which would be consistent with the Future Land Use Map. The request is in conformance with the goals and policies of the Comprehensive P|8n, including the policy to continue to support 02-07-12 Cedar Valley Spnrtplexvacates.doc Page 2 of 3 STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: February 7, 2012 infill development in the community as an alternative to other types of urban expansion. The site is located within the Primary Growth Area. The applicant is proposing to vacate several areas of right-of-way in order to construct the highly anticipated Cedar Valley Sportsplex, a 130,000 SF recreational and athletic indoor sports facility. The first area is a portion of W 2nd Street, from Washington Street to Jefferson Street. The second area is Washington Street, from W 2nd Street to W 3rd Street, and the third area is the 2 alleys that lie within Block 13 and 14 of the Original Plat of Waterloo West. It would appear that the portions of Washington Street and W 2nd Street do not get a lot of traffic on them, as the City of Waterloo, in conjunction with Waterloo Development Corporation, has been acquiring the necessary properties that encompass the two -block area for several years now, in anticipation of constructing the Cedar Valley Sportsplex. There are two properties within the two -block area that are not part of the Cedar Valley Sportsplex plan: 300 W 3rd Street, which is the former Operation Threshold building, and 316-318 W 3rd Street, which is the Kistner Building. The portion of alley that abuts these two properties are not a part of the vacate request at this time, and that portion of alley will remain to provide access and utility connections. Staff believes that the proposed development will have a positive impact on not only the downtown area, but also the community as a whole. The Cedar Valley Sportsplex will provide recreational activities year round; something that the community currently does not offer. This development will also tie in with the other nearby downtown redevelopment areas, such as the River Loop Expo, Public Market, and Amphitheatre. Also, Young Arena, the Center for the Arts, Youth Pavilion, Library, multiple recreational trails and the Cedar River are all located nearby. The applicant is not proposing to subdivide the property at this time. Therefore, staff recommends the request to vacate the street and alley right-of-ways to allow for the construction of the new Cedar Valley Sportsplex be approved for the following reasons: 1. The request would appear to have a positive impact on not only the immediate area, but also the entire community as a whole, by constructing a recreational facility that can be used year round. 2. The vacation of the right-of-way and alleys would not appear to have a detrimental impact on the traffic in the area, as they are not heavily traveled streets. 02-07-12 Cedar Valley Sportplex Vacates.doc Page 3 of 3 Request To Vacate a Portion of W 2nd St, Washington St and Two Alleys for the Purpose of Constructing the New Cedar Valley Sportsplex Legend Vacate Areas WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC. PHONE: (VOICE) 319-235-6294 P.O. BOX 898 WATERLOO, IOWA 50704-0898 (FAX) 319-235-0028 LEGAL DESCRIPTION 8r SKETCH PARTIAL WASHINGTON STREET VACATION PART OF PARCEL SW OF BLOCK 14, THE ORIGINAL PLAT WEST OF THE CEDAR RIVER CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA SKETCH FOR WATERLOO DEVELOPMENT CORPORATION LEGAL DESCRIPTION: SHEET 1 OF-:\\\ WASHINGTON STREET VACATION That port of parcel lying Southwest of Block Fourteen (14), the Original Plat, on the West Side of the Cedar River, in the City of Waterloo, Block Hawk County, Iowa, described as follows: Beginning of the most Southerly corner of oforesoid Block Fourteen (14); thence Southwest Thirty (30) feet along the Southwesterly extension of the Southeast line of said Block Fourteen (14); thence Northerly to the most westerly corner of said Block Fourteen (14); thence Southeasterly along aforesaid Southwest line of Block Fourteen (14) to the point of beginning. ScA_ 44-}- © c,' -f1/5 (-etev"nor+ /©� a j,ci€p4 1.€4+ Cit)€ ✓f Uticte? i a ctiCl ()p 0 v Cd. C E ON 3113 S33 r- r SFIELD BOOK 585-10 CERTIFICATION I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and thot I am a duly Licensed Lond Surveyor under the lows of the Stole of lows. Signoture: 041 ri Led Dote- 1 ra3 c 2011- License No. Poges or Sheets Covered by this Seal- 2 ;d Schell, 16775 My license renewal dote Is December 31, 2012 WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC. P.O. BOX 898 WATERLOO, IOWA 50704-0898 PHONE: (VOICE) 319-235-6294 (FAX) 319-235-0028 LEGAL DESCRIPTION & SKETCH PARTIAL WASHINGTON STREET VACATION PART OF PARCEL SW OF BLOCK 14, THE ORIGINAL PLAT WEST OF THE CEDAR RIVER CITY OF WATERLOO, BLACK HAWK COUNTY, I SKETCH FOR WATERLSO DEVELOPMENT CORPORATI SHEET 2 OF 2 50 1 INCH = 50 FEET SURVEY LEGEND: 000.00 DENOTES RECORD DIMENSION (000.00) DENOTES FIELD DIMENSION n tn :LOCK 14' ®RIGINAL PLAT F THE CEDAR RIVED `QF WATERLOO C E FIELD BOOK 685-10 WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC. PHONE: (VOICE) 319-235-6294 P.O. BOX 898 WATERLOO. IOWA 50704-0898 (FAX) 319-235-0028 LEGAL DESCRIPTION & SKETCH PARTIAL WEST SECOND STREET VACATION PART OF BLOCKS 13 & 14, THE ORIGINAL PLAT WEST OF THE CEDAR RIVER CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA SKETCH FOR WATERLOO DEVELOPMENT CORPORATION SHEET 1 OF -2\\ LEGAL DESCRIPTION: WEST SECOND STREET VACATION That part of the Original Plot, on the West Side of the Cedar River, in the City of Waterloo, Block Hawk County, Iowa, described os follows: Beginning at the most Southerly corner of Block Thirteen (13), oforesoid Original Plot; thence Northeasterly long the Southeasterly line of said Block Thirteen (13) to the most Eosterly corner of said Block Thirteen (13); thence Southersterly to the most Northerly corner of Block Fourteen (14), oforesoid Originol Plot; thence Southwesterly olong the Northwesterly line of soid Block Fourteen (14) to the most westerly corner of said Block Fourteen (14); thence Northwesterly to the point of beginning; ON 3114 S33 1 r C E Sr Cr LICEN;^_O ; 16775 IOWA CERTIFICATION I hereby certify that this lond surveying document was prepared and the related survey work was performed by me or under my direct personol supervision and that I ow o duly Licensed Lond Surveyor under the lows of the State of Iowa. Signature: David -e ,>"heSccheil, L.S. Dote. f ---C. U`" 8 20 17 License NoS" . JLT; FIELD BOOK 6a5-10 ///:IPages or Sheets Covered by this Scot. 2 •"''' Lly license renewal dote is December 31, 2012 J F 16775 WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC. P.O. BOX 898 WATERLOO, IOWA 50704-0898 PHONE: (VOICE) 319-235-6294 (FAX) 319-235-0028 100 MI MI MI M IN 1 INCH = 100 FEET SURVEY LEGEND: LEGAL DESCRIPTION & SKETCH PARTIAL WEST SECOND STREET VACATION PART OF BLOCKS 13 & 14, THE ORIGINAL PLAT WEST OF THE CEDAR RIVER CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA SKETCH FOR WATERLOO DEVELOPMENT CORPORATION 000.00 DENOTES RECORD DIMENSION ryo SHEET 2 OF 2 o THE ORIGINAL PLAT EST OF THE CEDAR RIVER CITY OF WATERLOO BLOCK 5 60. THE ORIGINAL PLAT EST OF THE CEDAR RIVER CITY OF WATERLOO ��ti�/may Sj s o E <6 6, SFIELD BOOK 585-1° WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC. PHONE: (VOICE) 319-235-6294 P.O. BOX 898 WATERLOO, IOWA 50704-0898 (FAX) 319-235-0028 LEGAL DESCRIPTION & SKETCH ALLEY VACATION PART OF BLOCK 13, THE ORIGINAL PLAT WEST OF THE CEDAR RIVER CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA SKETCH FOR WATERLOO DEVELOPMENT CORPORATION LEGAL DESCRIPTION: BLOCK 13 ALLEY VACATION SHEET 1 OF The Twenty (20) foot olley that is a port of Block Thirteen (13), the Original Plat, on the West Side of the Cedar River, in the City of Waterloo, Block Hawk County, Iowa. C E SFIELD BOOK 685-10 L. Sin-'0�.,. LICENSED 16775 IOWA ' CERTIFICATION I hereby certify that this land surveying document wos prepored and the related survey work wos performed by me or under my direct personal supervision and that I om o duly Licensed Land Surveyor under the lows of the Stole of Iowa. Signature• r tr- D•-'• Schell, L Dote- � Z4 20 (7— License No. 16775 Poges or Sheets Covered by this Seo* 2 My license renewol dote is December 31, 2012 ON31IJS3O r WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC. P.0, BOX 898 WATERLOO, IOWA 50704-0898 PHONE: (VOICE) 319-235-6294 (FAX) 319-235-0028 100 III MI MIS 1 INCH = 100 FEET SURVEY LEGEND: LEGAL DESCRIPTION 8c SKETCH ALLEY VACATION PART OF BLOCK 13, THE ORIGINAL PLAT WEST OF THE CEDAR RIVER CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA SKETCH FOR WATERLOO DEVELOPMENT CORPORATIN 000.00 DENOTES RECORD DIMENSION SHEET 2 OF 2 m r THE ORIGINAL PLAT EST OF THE CEDAR RIVER CITY OF WATERLOO BLOCK 5 6o, THE ORIGINAL PLAT EST OF THE CEDAR RIVER CITY OF WATERLOO C E SFIELD BOOK 685-10 S- �o -I- ti c o f� C E WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC. PHONE: (VOICE) 319-235-6294 P.O. BOX 898 WATERLOO, IOWA 50704-0898 (FAX) 319-235-0028 LEGAL DESCRIPTION 8 SKETCH PARTIAL ALLEY VACATION PART OF BLOCK 14, THE ORIGINAL PLAT WEST OF THE CEDAR RIVER CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA SKETCH FOR WATERLOO DEVELOPMENT CORPORATION LEGAL DESCRIPTION: BLOCK 14 ALLEY VACATION SHEET 1 OF That port of Twenty (20) foot alley, Block Fourteen (14), the Original Plot, on the West Side of the Cedar River, in the City of Woterloo, Block Hawk County, lowo, lying Northwesterly of the Southwesterly extension of the Northwest line of the Southeast Forty (40) feet of Lot Three (3), said Block Fourteen (14). ,1nwu"'r'rrnnna., • \1t�tSC c >,* LICENSED 15775 nua;;u, FIELD BOOK 685-10 CERTIFICATION 1 hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct personol supervision and that I am o duly Licensed Lond Surveyor under the lows of the State of lows. Signature. L. Schell, L Dote. FC -3 2-`t'— 20 17-- License No 16775 Poges or Sheets Covered by this Seal- 2 My license renewal dote is December 31, 2012 ON3L 530 r WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC. P.O. BOX 898 WATERLOO, IOWA 50704-0898 100 1 INCH = 100 FEET SURVEY LEGEND: PHONE: (VOICE) 319-235-6294 (FAX) 319-235-0028 LEGAL DESCRIPTION 8K SKETCH PARTIAL ALLEY VACATION PART OF BLOCK 14, THE ORIGINAL PLAT WEST OF THE CEDAR RIVER CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA SKETCH FOR WATERLOO DEVELOPMENT CORPORATION 000.00 DENOTES RECORD DIMENSION L`) SHEET 2 OF 2 BLOCK 4 THE ORIGINAL PLAT EST OF THE CEDAR RIVER ep CITY OF WATERLOO Lq2 m m Z 0 n VC BLOCK 5 so. THE ORIGINAL PLAT WEST OF THE CEDAR RIVER CITY OF WATERLOO o C E SFIELD BOOK 685-10 *tate of lount OFFICE OF THE SECRETARY OF STATE 11334 Corrective Patent Patent--_r.�_ STATE LAND OFFICE oto all to fitflom Chest Frtsen.% 411 tome, erectixrs: ,ti,; jetca� the City__af.ttaterloo, .Iowa ._.---__._. of._••-__31ack_-.Hawk-_.......__...._.__Cc-wty, Iowa, has _ deposited M the office of the Secretary of State a Certificate of the Iowa Department of Transportation whereby it appears that full payment has been made by the said .__.__City of Waterloo, Iowa — — — ---_--•----- -----------------_.. ---.-.-------•_.._---for the following described property situated in Black Hawk _ -----_County, lowo, to -wit: A parcel of land located in part of Lots 6, 7, and 8, Block 14 of The,Original Plat West of the Cedar River, City of Waterloo, Black Hawk County, Iowa, as shown.on Right -of -Way Quit Claim Plat Exhibit "B," attached and by reference made a part hereof and more particularly described as follows: Commencing at the Northwesterly Corner of Lot 5 said Block 14; thence S42°08'W, 251.1 ft. along the westerly line of said Block 14 to the Point .of Beginning; thence continuing along said westerly line S42°08'W, 49.8 ft. to a point on the southerly lin!. of said Block 14; thence.S47°33 1/2'E, 180.0 ft. along said southerly line to a point on the easterly line of said Lot 8; thence N42°08'E, 16.1 ft. along said easterly line; thence N37°55 1/2'1V, 1.69.9 ft.;- thence N25°02'W, 13.7 ft. to the Point.of Beginning; containing 5,668 sq. ft., more or less. "CONTINUED ON REVERSE" which said tract has been purchased by the said City of Waterloo, Iowa in accordance with the _provisions of the statutes of the State of Iowa, and which sale has been duly approved by the Iowa Department of Transportation, subject to the conditions ----e --Seed-ems-00672-2;-30G:23, 385-:24, and 3062 -5, -Code -of I -owe% ofir, iuwfa 1gs, That the State of Iowa, in consideration of the premises and in conformity with the several Acts of the General Assembly, in such cases made and provided, Has Given and Granted, and by these presents does give and grant unto the said .._.... Ci ty._of_ Waterloo, Iowa -------_-.—_ _ and to._ i_ts_sycc25sors and assigns the said tract of Land above described, to have and to hold the same, together with all the rights, privileges, immunities, and appirtenances of whatsoever nature thereunto belonging, unto the said City of Waterloo, Iowa and to its successors and assigns forever. pn tit estirnung dliereof, j Terry Branstad Governor of the State of Iowa, have caused these letters to he made Patent, end the Great Seat of the State of lova to be here- unto affixed. Given under my hand at Des Moines, the.:.-........... day`7.11..1.. .-.-yin the year o our Lord, of.......- -- ...._..__..... . - ninety-three . one thousand, nine hundred a �..�`) r. ._.._ By verno, % .. { ; .,.ferry E. Branstad Elaine Ba Secretary of State Deputy 1 hereby certify that the foregoing Deed is recorded in Vol. -. 19___..__- __.. Page..._ _._.52 o i w. 3axier Secretary of State Deputy CPC -4492 4/79 LLC 5 FKE O f'✓75 534 077 IOWA- DEPARTMENT OF TRANSPL .TAT I ON QUIT CLAIM EXHIBIT COUNTY BLACK HAWK STATE CONTROL NO PROJECT N0. IX -218-7(60)--3P-07 PARCEL NO. 427 SECTION 26 TOWNSHIP 89N RANGE 13W QUIT CLAIM 5668 SO.FT.EASE AC EXCESS— ACRES ACQUIRED FROM Swiss Ya11ey Farms Co. SOLD TO: City of tlaterloo, Iowa Northwesterly Corner lot 5 Found 1'i ptn EXCE.,S Area = 5668 sq. ft. A - B S 42'08' W 251.1 ft. 9 - C S 42.08' W 49.8 ft. C - 0 S 47'33 t'2 E 180.0 ft. D - E N 42°08' E 16.1 ft. E - F N 37.55 1,2 W 169.9 ft. F - B N 25`02' W 13.7 ft. Found .tps Sto 1569+30.3 it 30.0 ft. 1l Ste 1571+22.5 28.0 ft. 5to 1571+24.6 ct 12.0 ft. Found plea /Sta 1569+47.3 18.1 ft. Ste 1577+11.3 48.2 ft. Found out 'x" hereby oertity ttert thte blot le 0 true aq coarcts rshreeseitertIon se thelab hzwin deseribsd. Rode by m a' tnd r my irsot stsorelsln• a# that I as d duly moistersd tend Urveyrr ts,dar till lase of the State of to.. // }} Odts x_6 masa e Fro azar, a,c Inta,ctic, at ram}. DATE DRAWN BOOK !ares t625 }N852 ' KNOW ALL MEN BY THESE PRESENT... :oat James W. Coyer and Catherine 0, Coyer, husband and wife, as joint tet ;ants with full right$_ Qt _$ury-iyorshjp, anti rfs Ii not as tenants in common, of Black Hat•* County, and :.itate of Iowa in ionsida: ation of the sum of One Dollar and other yaluablc cor$idera.tion --- DOLLARS in band paid by -City of Waterloo,..Iowa of Black Hawk County, and State of_ _ _ _ 3.01.c4 _ _ _ _ _ _ _ _ , do hereby SELL and Convey unto the saiu Cit;! _ o € . Wat_er..OQ,, _ Iowa the following described premises situated in Black Hawk .county, Iowa: The Southwesterly Thirty (30) feet of Lots Nos. Nine (9) and Ten (10) in Block No. Fourteen (14), in the Original Plat, on the West Side of the Cedar River, in the City of Waterloo, Black Hawk County, Iowa. LI TO HAVE AND TO HOLD the premises above described, with the appurtenances, unto the said Grantee succesors and_ itg___ andassigns forever, and the Grantors_ _ _ _do hereby covenant with the said Grantee that Grantors _are lawfully seized of said premises; that they are free from encumbrance except no exceptions that the Grantor S have _good right and lawful authority to sell and convey the same, and do. __hereby _ hereby covenant to WARRANT AND DEFEN D the title to said real estate and appurtenances thereto belonging, against the lawful claims of all persons whomsoever; and each of the undersigned hereby relinquishes al! right of dower, and all right under the Homestead Laws of the State of Iowa, in and to described premises. Signed this 12th day of May_ State of Iowa,_ _ _ _ 2 Lack _Hawk County, sc. , A. D. --FLr1a1� Lv•_ j Ja es W. Co;, Catherine O. , 66 Coyer On th,s_ -2 __day of_ _l ay_.__, A. D. 1g6_6__ , before mc, 'he undersigned, a Notary Public in and for said County, in said Sts•!,e,pereonal!yappeared_ _,Iam_Pts %. CQyer and Cather j.rle Q. COArer, husband and wife, as_ joint tenant&ytithfl<71x�?h*s ca: s {fit i`(f 3ttu-r „ r; nct as tenants in cormiton,_ ro Li ....., to ms. known +o be the identical persons named in and who executed the foregoing instruntientts,'a'ad_ackrloivledgerd that they execu old the s:.me as their voluntary act and deed. Indexed h C t)rxper0 a1 5725 Jerald A. .f c gCi b• li�ia Qfor.gaia gusty `rte• Filed for mem ..., indexed, and delivered to the county auditor ., 1 ? x.s,, day �. A. D. ?.?...4.‘_, at_ r6.1:� � _o'clock_ _ _ _ "• 24I., and reser' ed in Book::l_±'%of Deeds vn Page .-2....3c1 Rec. Fee $---- . _, A" d• pee $. ..5'd paid. Becordei. Deputy. STATE OF IOWA, BLACK L V K County Entered upon trap f'.• be-- s and for taxation this My fee_• try Reorder. Auditor. }✓t Mayor BUCK CLARK COUNCIL MEMBERS .00000.0000000 OOOOO DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: March 26, 2012 Prepared: March 21, 2012 Dept. Head Signature: fzjf # of Attachments: SUBJECT: Request to set the date of public hearing as April 9, 2012 for a request by Waterloo Development Corporation and the City of Waterloo to rezone the area bounded by Jefferson Street, W 1st Street, W 3rd Street, and Washington Street from "M-1" Light Industrial District to "C-3" Central Business District, to allow for the development of a new 130,000 SF recreational and athletic indoor sports facility (Cedar Valley Sportsplex). Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: Approval. Summary Statement: Transmitted herewith is a request by Waterloo Development Corporation and the City of Waterloo to rezone approximately 3.76 acres from "M-1" Light Industrial District to "C-3" Central Business District, to allow for the development of a new 130,000 SF recreational and athletic indoor sports facility (Cedar Valley Sportsplex). The City of Waterloo is requesting that two properties within the two -block area that are not a part of the Cedar Valley Sportsplex plan (300 W 3rd Street, which is the former Operation Threshold building, and 316-318 W 3rd Street, which is the Kistner Building) be rezoned as well, in order to keep the zoning compatible with the surrounding area, and to avoid a pocket of "M-1" zoning surrounded by "C-3" zoning.) The site plan provided by the applicant shows the building, which will have its front facing Jefferson Street. The site plan shows the 110,000 SF building, and "Alternate 1", which is actually a 20,000 SF leisure pool. It is not known if that will be constructed at this point. It also shows a future building expansion along the west side, near W 1st Street. The building will have indoor soccer fields, basketball courts, swimming pools, and workout areas. There is an access road to the rear of the building being shown off of Washington Street, at W 3rd Street. In a separate request, the applicant will ask the City to vacate the portion of Washington Street west of W 3rd Street, a portion of W 2nd Street, from Jefferson Street to Washington Street, as well as the public alleys within the two blocks, in order to construct the facility. CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Staff believes that the proposed development will have a positive impact on not only the downtown area, but also the community as a whole. The Cedar Valley Sportsplex will provide recreational activities year round; something that the community currently does not offer. This development will also tie in with the other nearby downtown redevelopment areas, such as the River Loop Expo, Public Market, and Amphitheatre. Also, Young Arena, the Center for the Arts, Youth Pavilion, Library, multiple recreational trails and the Cedar River are all located nearby. Expenditure Required: None Source of Funds: None required Policy Issue: Land Use and Economic Development Alternative: Background Information: The City of Waterloo, in conjunction with Waterloo Development Corporation, has been acquiring the necessary properties that encompass the two -block area for several years now, in anticipation of constructing the Cedar Valley Sportsplex. Legal Description: Block 13 and Block 14 of the Original Plat of Waterloo West. AS:sg cc: Noel Anderson, Community Planning & Development Director. --file-- REQUEST: APPLICANT: GENERAL IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USES: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: February 7, 2012 TO REZONE THE AREA BOUNDED BY JEFFERSON STREET, W 1ST STREET, 3rdVVSTREET, AND WASHINGTON STREET FROM "M-1" LIGHT INDUSTRIAL DISTRICT TO ^C-3^ CENTRAL BUSINESS DISTRICT, TO ALLOW FOR THE DEVELOPMENT OF A NEW 130,000 SF RECREATIONAL AND ATHLETIC INDOOR SPORTS FACILITY (CEDAR VALLEY SPORTSPLEX). Waterloo Development Corporation and The City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703. Waterloo Development Corporation is proposing to rezone a majority of the area in order to construct the new Cedar VaIIey Sportsplex, a 130.000 SF recreational and athletic indoor sports facility. The CiWaterloo fiS[equeatingthat3OOVV3m Street and 316-318 W 3rd Street be rezoned as well in order to match the zoning with the surrounding area, as those two properties are not currently being included with the new Sportsplex facility. The request to rezone the property would not have a negative effect on the area, as a mjorh«oftheourroUndingaFeaiea|oozonmd"C- 3"CeOtra|BusiDe8sC)isthctasvveU.Thepnopooednadeve\opnnent of this area would have a positive impact on the surrounding area, by continuing to improve the downtown area to make it a place for people to ejoyqua|ityof|ifeoctivideo.TheeurroundinQ|onduoee are mainly commercial in nature, with U.S. Highway 218 located adjacent to the south and U.S. Hwy 63 located adjacent to the west. The Public Market and River Loop Expo area are Iocated adjacent to the east, and the Dan Gable Wrestling Museum is Iocated to the north. The facility would be located off of Jefferson Street. Visitors to the site could get there from U.S. H 63 to the south and north, U.S. Hwy 218 from the west and E 4th Street from the east. The site plan does not show any on-site parking available, as the "0-3" District does not require on-site parking. However, the City is in the process of acquiring several properties adjacent to the north across Jefferson SB[eet, which would then be turned into Glarge parking lot to not only serve this fadllity, but could also serve several other facilities nearby, such as Young Area, The Waterloo Center For The Arts and Youth Pavilion, and also the River Loop Expo area. The additional traffic that this use could potentially generate may be significant. The Traffic Engineer has stated that an additional set of stoplights at the intersection of Jefferson Street and W 3d Street may be needed, depending on the additional amount of traffic that may be generated. Jefferson Street is classified as a Collector Street on the Street Classification Map, and based on the surrounding street netvxork, as well as the close vicinity to two major highways, the area would appear to adequately support a development such as this with only minor improvements potentially required. There would be a sidewalk constructed in front of the building along Jefferson Street to serve the Sportsplex facility. U2-u7-10Cedar Valley GportplexRezone M-1mC�.doc Page 1 of 4 RELATIONSHIP TO RECREATIONAL TRAIL PLAN: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: DEVELOPMENT HISTORY: BUFFERS/ SCREENING REQUIRED: DRAINAGE: FLOODPLAIN INFORMATION: PUBLIC/OPEN SPACES/SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC: RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: February 7, 2012 The Highway 218 Trail is located directly to the south and the Downtown River Loop Trail is located along the Cedar River, just 3 blocks to the north and east. The properties in question are zoned "M-1" Light Industrial District, and have been zoned as such since adoption of the Zoning Ordinance in 1969. The properties to the east and north are zoned "C-3" Central Business District, while the vacant lot across U.S. Hwy 63 to the west is zoned "M-1" Light Industrial District. A majority of the buildings within the area to be rezoned have been torn down by the City in anticipation of this project. Most of those buildings and surrounding buildings were constructed in the mid 1900's. The area is part of the 1854 Original Plat of Waterloo. There would not be any screening requirements for this development, although landscaping will be required per the Zoning Ordinance. There are no known drainage problems for the site. The property is located within Zone X — Protected by Levee as indicated by the Flood Insurance Rate Map No. 190025 301 F and 302F. The Waterloo River Loop Expo is located just to the east along Jefferson Street. Also, the Waterloo Center for the Arts, Phelps Youth Pavilion, Waterloo Public Library, and Young Arena are located a few blocks to the north, the convention center is located a few blocks to the east, and the Grout Museum, Imaginarium, and Washington Park are located a few blocks to the south. There is a 36" sanitary sewer line located within Jefferson Street, as well as two 36" storm sewers located within Jefferson Street. There is a 60" sanitary sewer located within Washington Street. There is a 6" and a 12" water main located within Jefferson Street. Also, there is a 6" water main in W 2nd Street, between Jefferson Street and Washington Street, and that line will either need to be used by the applicant or killed. There are also 6 service lines and one fire line that would need to be killed or used as well. There are sewer lines located within 2nd Street, Washington Street and the alley that the development is proposed to be built on. It appears as if the 60" sanitary sewer located within Washington Street will remain, so an easement will need to be maintained over that area, however, the rest of the sewer lines and any other utilities will be abandoned or relocated as part of this project, as they will not serve any properties; therefore no easements will need to be retained over the rest of the areas. The Future Land Use Map (February 3, 2003) designates the area as Commercial. The rezone would allow for the Sportsplex facility, which would be consistent with the Future Land Use Map. The 02-07-12 Cedar Valley Sportplex Rezone M-1 to C-3.doc Page 2 of 4 STAFF ANALYSIS ZONING ORDINANCE: February 7, 2012 request is in conformance with the goals and policies of the Comprehensive P|an, including the policy to continue to support infill development inthe community as an alternative to other types af urban expansion. The site is located within the Primary Growth Area. The applicant is proposing the rezone of twa blocks of land in Downtown Waterloo in order to construct the highly anticipated Cedar Valley Sportsp|eX. a 130,000 SF recreational and athtetic indoor sports facility. The area is currently zoned "M-1" Light Industrial Distriot, and has housed a number of businesses over the years. The City of Waterloo, in conjunction with Waterloo Development Corporation, has been acquiring the necessary properties that encompass the two -block area for several years now, in anticipation of constructing the Cedar Valley Sportsplex. The facility will be constructed using private funds but operated by the City of Waterloo, and ownership of the facility will eventually be turned over to the City in approximately 8 years, per a development agreement between the City of Waterloo and the Waterloo Development Corporation. There are two properties within the two -block area that are part of the rezone request, however are not part of the Cedar Valley Sportsplex plan: 300 W 3rd [Dnaet, which is the former Operation Threshold building, and 31G-318VV3rd Straet, which is the Kistner Building. Both of those properties are being included in the rezone in order to keep the zoning compatible with the surrounding area, and to avoid a pocket of "M-1" zoning surrounded by "0-3" zoning. Those twa properties have near zero ot line developments, so including them in the rezone request would appear to legalize non- conforming setbacks. The site plan provided by the applicant shows the bui|ding, which will have its front facing Jefferson Street. The site plan shows the 110,000 SF building, and "Alternate 1", which is actually a 20,000 SF leisure pool. It is not known if that will be constructed at this point. It also shows a future building expansion along the west side, near W 1st Street. The building wiH have indaar saccer fields, basketball courts, swimming pools, and warkout areas. There is an access road tothe rear ofthe building being shown off of Washington Street, at W 3rd Street. In a separate request, the applicant will ask the City to vacate the portion of Washington Street west ofVV 3m Street, a portion OfVV 2nd Street, from Jefferson Street ta Washington Etreet, as well as the public alleys within the two b|onhm, in order to construct the fod|ity, and will ask for special permit approval for the community recreation center. Staif believes that the proposed development will have a pasitive impact on not only the downtown area, but also the community as a whae. The Cedar Vafley Sportsplex will provide recreational activities year raund; something that the cammunity currently does not offer. This development will also tie in with the other nearby downtown redevelopment areas, such as the River Loop Expo, Public Market, and Amphitheatre. AIso, Young Arena, the Center for the Arts, Youth Povi|ion. Library, multiple recreational trails and the Cedar River are all Iocated nearby. 02-07-12 CedaValley SportpbmRezone M-1mC-8,doc Page 3 of 4 STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: February 7, 2012 The applicant is not proposing to subdivide the property at this time. Therefore, staff recommends the request to rezone the properties from "M-1" Light Industrial District to "C-3" Central Business District be approved for the following reasons: 1. The request would appear to have a positive impact on not only the immediate area, but also the entire community as a whole, by constructing a recreational facility that can be used year round. 2. The request would be in conformance with the Future Land Use Map and Comprehensive Plan, which designates this area as Commercial, and would be a good infill development that would utilize existing utilities and services. 3. The request would appear to meet all requirements of the Zoning Ordinance. 02-07-12 Cedar Valley Sportplex Rezone M-1 to C-3.doc Page 4 of 4 N:\\_ '`' /,/ Request To Rezone 2 Blocks From M-1 Light Industrial District to 0-3 Central Business District, for the Purpose of Constructing the New Cedar Valley Sportsplex 1 VM01 'OO1a31VM X31dSJ JOBS A311VA MVG30 HO11.10 em1n 1.30a0wuxx 00 U= PfivioiliiimpEtholmimill!!!!!!!!!!!!!IIIII!11111111IDISIIIPI IIintio1111111111111116-- 0 3O - Aerial Exterior SE without Comp Pool 0 STREET VIEW FROM EAST 1'011 1,1111012, Iroupoomormicliqii 11111,01.,—os ALR FROW, 0 VIEW FROM JEFFERSON STREET GOING SOUTH AE IAL 0.3D Aerial Exterior - NW without Comp Pool INVSION NOISIANI (03OVHS) NQI1VA313 1S3M l# 11V O (MOWS) NOI1VA313 H14ON t#lIVO Ira itu Mi1111111 UMW. ai to:ii _uw inti (030VHS) NOIiVA313 HlfOS (03OVHS) NOILVA3131S1M0 O3OVHSI NOILVA3131SV3 O L JIfl ( (030Y1 -1S) NOIiVA313 N1UON 1g(# 111111■®s1111111M1M 1111110111N1111111NININM iiJllllti�lMI111NININIi11N1 Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: March 26, 2012 Prepared: March 21, 2012 Dept. Head Signature: L'_ # of Attachments: SUBJECT: Request for Proposal for Demolition and Site Clearance Services (no regulated asbestos -containing materials) for 820 and 910 Sycamore Streets, 1518 West 4th Street, 320 West 2nd Street Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: To authorize city staff to solicite bids and specs for the demolition of 820 and 910 Sycamore Streets, 1518 West 4th Street, 320 West 2nd Street, and authorize Mayor and Clerk to prepare and execute necessary documentation. Summary Statement: As you are aware there is a planned residential development of 6 QUENTIN twelve plexes planned to be built on the 910 and 820 Sycamore site. The asbestos is being HART abated and demolition is the next step. The house at 1518 West 4th Street was acquired Ward 4 through 657A while 320 West 2nd Street is the Iowa Community Credit Union that the city RON is purchasing to make room for the future Cedar Valley Sports Plex. WELPER Ward 5 Expenditure Required: to be determined BOB GREENWO 0 ESource of Funds: G.O. At -Large STEVE SCHMITT At -Large Policy Issue: Slum and Blight Alternative: N/A Background Information: Dolly James LLC is going to begin construction of the first 6 of 12 twelve plexs at this site. cc: Noel Anderson, Community Planning Si Development Director Aric Schroeder, City Planner tA1 Aht Turtii 31 filth 1:118 er Council Work Session March 26, 2012 4:15 p.m. Council Chambers Roll Call. Approval of Agenda, as proposed or amended. 1. Presentation by Sacred Heart Student regarding sign project for Church Row Neighborhood. 2. Discussion of converting four lane to three lane on Lafayette Street from Vinton to Fay Street—Submitted by Sandi Greco, Traffic Operations Superintendent. ADJOURNMENT Suzy Schares City Clerk CITY OF WATERLOO Council Communication City Council Meeting: March 26, 2012 Prepared: March 9, 2012 Dept. Head Signature: # of Attachments: -0- SUBJECT: Council Work Session Presentation by Sacred Heart Students Sign Project for Church Row Neighborhood Submitted by: Mayor's Office Recommended City Council Action: Summary Statement Expenditure Required Source of Funds Policy Issue Alternative Background Information: Sacred Heart students will present their project 1. FINANCE COMMIT I'LE March 26, 2012 5:00 p.m. Council Chambers Roll Call: Members: Chairperson Carolyn Cole Steve Schmitt Quentin Hart Approval of Agenda, as proposed. Approval of Minutes of March 26, 2012. NEW BUSINESS Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Officer Walter & Bovy Police Motorcycle Training Moline, Illinois April 14- 16, 2012 $676.00 2. Approval of garbage refund in the amount of $176.71 for Craig Lamasters of 1270 West Mullan Avenue Submitted by Suzy Schares, City Clerk. 3. Approval of garbage refund in the amount of $63.00 for Betty Getty of 3618 Pheasant Lane—Submitted by Suzy Schares, City Clerk. 4. Approval of garbage refund in the amount of $126.00 for Quality Concrete Construction of 910 Randolph Street—Submitted by Suzy Schares, City Clerk. 5. Approval of garbage refund in the amount of $261.45 for Zemira Zonic of 611 West 5th Street—Submitted by Suzy Schares, City Clerk. 6. Pre Authorizations to Expend over $1,000.00 Dept. AmountEst. Expenditure Central Garage $4,804.86 Replenish stock hydraulic hose Engineering $4,980.00 + One (1) Ashtech MobileMapper 100 $40.00 Finance $1,404.75 + HP P4515 $60.00 Fire $2,190.00 Fire reporting software Leisure Services $3,495.72 Golf course supplies from Standard Golf Leisure Services $1,200.00 Sixteen (16) LVLS-beams-for dugouts at East & West diamonds Leisure Services $1,614.65 Emergency repairs to Young Arena's Electric and LP Zamboni's Leisure Services $1,090.00 Backstop padding to be placed on backstops throughout the Riverfront Sports Park Leisure Services $2,000.00 Cleaning supplies for the three municipal golf courses, toilet paper, towels, can liners, disinfectant, deodorant, etc. Leisure Services $2,00.00 Meals for participants in Katoski/Kiwanis and Elks golf tournament, South Hills and Gates Golf academy, and other sports programs Leisure Services $1,160.00 Turface and diamond chalk Police $2,498.90 + Tableau Forensic Duplicator with protocol modules, $15.00 removable hard drive tray and rack Police $5,046.42 Liability insurance for board members and members of the Tri -County Drug Enforcement Task Force Police $3,950.00 + Two Dell E5520 laptop computers, docking stations $100.00 and a Dell 1610 111) projector Traffic Operations $1,461.00Two hour parking, no left turn and no right turn signs Traffic Operations $1,450.00 + 1— Access Point with contact closure interface for $40.00 detection data BILLS PAYMENT ADJOURNMENT Suzy Schares City Clerk FINANCE COMMI 11EE March 19, 2012 5:00 p.m. Council Chambers Members present: Cole, Schmitt, Hart. Moved by Hart, seconded by Schmitt that the Agenda, as amended deleting item #7, be approved. Ayes: Three. Motion carried. Moved by Hart, seconded by Schmitt that the Minutes of March 12, 2012, as proposed, be approved. Ayes: Three. Motion carried. Moved by Schmitt, seconded by Hart that the request for the following travel requests, be approved. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Rehl-Mason City PD, Anderson – Clear Lake PD LEIN Criminal Intelligence Course Johnston, Iowa April 2- 13, 2012 $1,600.00 Capt. Pillack, Sgt. Feaker, Investigator Saunders, Todd Wilson, Inv. Berry, Officer Roberts, Bellis – CFPD Multi -State Conference Dubuque, Iowa May 2-4, 2012 $2,231.36 Sgt. Fangman, Officer's Savage, Frein, Roberts, Muhlenbruch, Watson, Sadd, Ladage (CFPD), and Jeager (UNI) Midwest Gang Wisconsin Dells, Wisconsin May 20- 23, 2012 $5,356.00 Officer's Hundley, Jurgenson, and Wilson Advanced Vehicle Contraband and Concealment Johnston, Iowa April 5-6, 2012 $180.00 Pat Treloar, Fire Chief IA Assoc of Professional Chiefs Spring Conference Ames, Iowa April 10- 11, 2012 $175.00 Dan Trelka explained that the first three travel requests are using LEIN funds. Ayes: Three. Motion carried. Moved by Schmitt, seconded by Hart that Authorization to accept bid from Electronic Engineering at a cost not to exceed $9,078.97 per squad car for the FY2012 Equipment Installation in Squad Cars and Purchase of Needed Equipment to Outfit Six New Squad Cars— Submitted by Dan Trelka, Director of Safety Services, be approved. Ayes: Three. Motion carried. Moved by Hart, seconded by Schmitt that the request for the following pre -authorizations to expend over $1,000.00, be approved. Finance Committee March 19, 2012 Page 2 Pre -Authorizations to Expend over $1,000.00 Dept. Amount + Est. S/H Expenditure Bldg Maintenance $3,250.00 Electrical for Building Inspectors' Office Remodel Bldg Maintenance $5,752.00 Building Inspectors' Office Remodel Bldg Maintenance, Not to exceed Furniture to replace Fire Chiefs office furniture and Clerk/Finance, Fire, HR, and Police $57,000.00 furniture to remodel and utilize City Hall efficiently Fire $4,469.12 + Quint 302 suspension springs $250.00 Leisure Services $4,500.00 Chemicals & fertilizers for turf at City parks, ball parks and downtown areas Leisure Services Not to exceed 20 ga/ overhead door with %2 horsepower overhead $3,000.00 operator, installation and material Leisure Services $6,864.14 Two swimming pool lifts Police $15,579.00 + Three L3 Mobile -Vision Inc. Flashback 2 in car video $150.00 systems with body transmitters Police $4,428.73 + Office furniture for Internet Crimes Office $150.00 Waste Management $4,873.00 + Pump part $200.00 Waste Management $4,489.00 VFD 75hp pump Ayes: Three. Motion carried. Moved by Cole, seconded by Schmitt that Bills Payment, as contained in Schedule AP642, dated March 19, 2012, pp. 1-86, in the amount of $2,511,042.23, be received, placed on file and approved and forwarded to the full council for approval. Ayes: Three. Motion carried. With no further business before the committee, it was moved by Hart, seconded by Schmitt that the meeting be adjourned at 5:09 p.m. Ayes: Three. Motion carried. Suzy Schares City Clerk TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. LINE ITEM USED FY _2012 BUDGETED EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST DATE Original - Clerk/Finance STAFF ONLY 010-11-1100-1346 �8� 5"s j)7, 3.73 g44-'1: —7;77c 2-/G-,=.2c/,L 'Copy - Department NAME(S) AND POSITION(S): Officer's Brad Walter & Dave Bovy DATE: March 19, 2012 NAME OF CLASS / MEETING: Police Motorcycle Training DESTINATION: Moline, Illinois DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: April 14, 2012 Return Date: April 16, 2012 DATE(S) OF MEETING: April 15-16,2012 PURPOSE OF TRAVEL: Captain Leibold is requesting authorization to send Officer's Brad Walter and Dave Bovy to the Motorcycle Training Course at the Moline, Illinois Police Department on April 15-16, 2012, in Moline, Illinois. Officers Walter and Bovy are assigned to the Motorcycle Unit. This 2 -day course will refresh the Officers in the basic operation techniques as well as the advanced maneuvers they will encounter riding the motorcycles. The cost of registration is free but will require that the Officers travel to the Moline area. The Cost will include Fuel, lodging and meals. The officers will ride the motorcycles to the training but may have to trailer the motorcycles to the training in event of bad weather. A city vehicle will be needed for travel to the training facility. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST $ YES NO METHOD OF TRAVEL: XX CITY VEHICLE AIRFARE DEPARTING FROM: PRIVATE VEHICLE ESTIMATE OF COST: $ 250.00 LODGING $226.00 MEALS $0.00 REGISTRATION $200.00 MILEAGE/FUEL TOTAL FOR ALL: $ 676.00 TAXI PARKING AIRFARE MISC/TOLLS BUDGET LINE ITEM: x GRANT REIMBURSABLE YES NO x REQUIRED CERTIFICATION YES NO TOTAL: $ 338.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO I APPROVE THIS TRAVEL REQUEST DEPARTMENT HEAD MAYOR —c9.-7 (-), DATE DATE CITY OF WATERLOO Committee Communication Finance Committee Meeting: March 26, 2012 Prepared: March 22, 2012 Dept. Head Signature: Suzy Schares # of Attachments: 8 SUBJECT: Refunds for several properties Submitted by: Suzy Schares, City Clerk Recommended Committee Action: Approval of the following refunds: Craig Lamasters of 1270 West Mullan Avenue is requesting a garbage reimbursement in the amount of $176.71 because the property had a private hauler and therefore did not utilize city garbage pick up services. Betty Getty of 3618 Pheasant Lane is requesting a garbage reimbursement in the amount of $63.00 because the property had a private hauler and therefore did not utilize city garbage pick up services. Quality Concrete Construction of 910 Randolph Street is requesting a garbage reimbursement in the amount of $126.00 because the property had a private hauler and therefore did not utilize city garbage pick up services. Zemira Zonic of 611 West 5th Street is requesting a garbage reimbursement in the amount of $261.45 because the property had a private hauler and therefore did not utilize city garbage pick up services. Summary Statement: The above individuals have requested a reimbursement. The letters and account information is attached. Expenditure Required: As indicated above Source of Funds: Policy Issue: None GARBAGE REFUND YARD WASTE REFUND SEWER REFUND STORM WATER FEE REFUND Alternative: Not give the reimbursements 525-15-5400-1785 525-15-5400-1785 520-14-5200-1785 521-07-7830-1785 Background Information: Recommendation for reimbursements are only made after Waterloo Water Works and Waste Management Services have been contacted to verify the information given by the individual. /).--icy -09 S� 3 -9 -ea Rave- a, ea 7a 4tJ6'�l 1fQf.-7 c5i'e- 9//,0 . 1)12^,`r7 paid roc- of e Glia /e� of<//. 2 hae- ,ie'&r aced ayQr-4 Of 0a 7 ZjeQl1SC', -117 14 d/e'0'' 4aV .2- an, reqs l-;.9 /061Y5 a re tt i) c reit' 6-,4 e _ a/ O u®l. T h a d e ger- eco dr / Q Ick Per 94,-4•22.e ee ilec&om 3-16-11 e 4.50 6.-15-/1 e y6. 50 9- 15-11 m '6.50 - f re luted D wed 1116.50 1Q.51 Craiy L a!'S /_ 470 _!.(l_ __ /YI i t /cart._-- /90e. . G(JQ4-e r! (Ay2 dedac edf when 1° id -n7 (�ckfer� Or) I/a6/,A . cvn LUG6DFR DISPLAY 3/23/12 8:52:26 • Display Account History Account No 12 10 0950 62503 Billing Date Customer LAMASTERS CRAIG S Ph 404-9396 Activity Address 1270 W MULLAN AVE WATERLOO 5=Payments Billing Consu Water Sewer Garbage STORM Total St Cnd Date Payment Payment Payment Payment Payment 3/16/12 7 0 _ 12/16/11 11 21.37- 43.53- 8.66- 73.56- P RT 9/16/11 11 21.37- 41.45- 48.83 8.66- 120.31- P RT 6/16/11 10 20.02- 41.45- 48.83- ' 8.66- 118.96- P RT 3/15/11 10 19.13- 39.48- 46.50- 8.25- 113.36- P 12/15/10 8 18.12- 30.41- 32.55-' 5.78- 86.86- P RT F3=Exit F14=Mthly Bill F16=Acct Info F17=Bill F18=Bill/Pmt F19=Cust F20=Meter F21=Cust His F22=Bill His Last option was: DAILY OPERATIONS MARIA ARMSTRONG From: gkbenek@aol.com Sent: Wednesday, March 21, 2012 2:03 PM To: MARIA ARMSTRONG Subject: Credit back on garbage for Condo owner Maria, I talked to Evelyn and she gave me your e-mail to ask fora request for a refund for one of our owners who has her water bill taken out of her checking account. Her name is Betty Getty and account number is 08-15-1442--039294 and her address is 3618 Pheasant Lane, Waterloo, IA 50701. The association had the paper work signed on 12-19-11 for Private Hauler Garbage Exemption Application. The others in our Condo Association were told to just deduct the $31.50 from the water bill. Betty resides in Arizona during the winter so she has it taken out of her checking account. So she would like the $31.50 sent to her of which was inexcess of what should have been taken out. Send the refund to: Betty Getty, 3618 Pheasant Lane, Waterloo, IA 50701 Thanks Gary W. Beneke Treasurer of the Pheasant Meadows Condo Assoc. 3/23/2012 UUG6DFR DISPLAY Display Account History Account No 08 15 1442 39294 Billing Date Customer GETTY BETTY Ph 232-5953 Address 3618 PHEASANT LN WATERLOO 5Payment s ? Billing Consu Water Sewer Date Payment_ Payment 2/21/12 0 24.08- 37.50- 11/22/11 4 22.36- 37.50- 8/22/11 6 22.36- 5/20/11 1 22.36- 2/21/11 0 22.36- 11/19/10 4 21.08- 37.50- 37.50- 37.50- 37.50 - Garbage STORM Payment Payment 31.50-, 8.25- 31.50- 8.25- 8.25- 8.25- 8.25- 8.25- 3/23/12 8:52:52 • Activity Total St Cnd Payment 101.33- 0 68.11- P 68.11- P 68.11- P 99.61- P 66.83- P F3=Exit F14=Mthly Bill F16=Acct Info F17=Bill F18=Bill/Pmt F19=Cust F20=Meter F21=Cust His F22=Bill His Last option was: DAILY OPERATIONS POS 27 WATERLOO IA 50704 E : f'a ti 1: hi GS i.0/2S/11 )EAOE PER E,...t,1) CU F....1 UNI TS: (;,�"�F'�13;', :G:f• 4 rROS? WATER 7173 SEWER 1B2.4L ''E C)R 1'''It4J T:E; 34.6 SEWER wr. u c 0 c (/14/2012 33. 00 '7) ;i J:. , r 1;:': 4, 78 3 "C'O"1'r' L. DUE 405. 3S/ ACCOUNT 7-20-0390-05S464 K ADDRESS 910 RANDOLPH ST WATERLOO i ERRS : 30 DAYS—THANK YOU Bi1...1 rhG DATE 2/15/2— NET T MI JC'T' *t3%", RECEIVED BY 3/05/12 1,1,1,11H,1u,J11,,,,,I1h I1,_ 2768 405.85 405.85 UUG6DFR DISPLAY Display Account History Account No 07 20 0390 55464 Billing Date Customer QUALITY CONCRETE CONSTRUCTION Ph 231-0170 Address 910 RANDOLPH ST WATERLOO 5=Payment s ? Billing Consu Water Sewer Garbage STORM Date Payment Payment Payment Payment 2/15/12 48 73.09- 173.76- 126.00-x 33.00- 37 53.80- 26 41.53- 97 129.72- 185 228.58- 28 39.80- 151.98- 157.50- 270.78- 445.02- 150.00- 3/23/12 8:53:21 • Activity Total St Cnd Payment 405.85- 0 RT 33.00- 238.78- P 34.65- 233.68- P L 33.00- 433.50- P 33.00- 706.60- P RT 33.00- 222.80- P F3=Exit F14=Mthly Bill F16=Acct Info F17=Bill F18=Bill/Pmt F19=Cust F20=Meter F21=Cust His F22=Bill His Last option was: DAILY OPERATIONS ________ rttY- o/L/ /-f/c1- /,2 GC1/// ecco //) 50i0/ i J 2 %ceLze're4 !1 4 ere 4 z'V c -Lee p -)v 44 f\ --,-?Kc 4.-')(ezkip``4)1 /47,,,3. ‘c -'b c;cf ‘7 -fr? • ani ,Q6// t fAfl/0 I'd 1-9 ,9c4 o'o 'd ks , 6//c -ADo a/c)) ,5J4' e- � K' vvc`' 7),p„., :3(/,/n - , c e 1 ' -c cG'._0, /mi l �� �;} o f UUG6DFR DISPLAY Display Account History Account No 12 30 0630 47237 Billing Date Customer ZONIC ZEMIRA Ph • 234-3123 Activity Address 611 W 5TH ST WATERLOO 5=Payments ? Billing Consu Water Sewer Garbage STORM Total St Cnd Date Payment Payment Payment Payment Payment _ 12/16/11 42 60.22- 122.52- 63.00-F 16.50- 262.24- P 9/16/11 43 64.37- 130.73- 66.15-6 17.33- 278.58- P L 6/16/11 40 63.33- 130.91- 69.30-. 18.16- 281.70- P RT 3/15/11 45 64.07- 128.46- 63.00-6 16.50- 272.03- P RT* _ 12/15/10 62 80.96- 162.12- 16.50- 259.58- P _ 9/15/10 43 57.94- 124.50- 16.50- 198.94- P 1/25/12 10:40:28 - F3=Exit F14=Mthly Bill F16=Acct Info F17=Bill F18=Bill/Pmt F19=Cust F20=Meter F21=Cust His F22=Bill His Last option was: DAILY OPERATIONS 5 tut. L15 frvoie, City of Waterloo Expenditure Pre -Authorization Request Form City Clerk Use Only Finance Committee Approval Date The Finance Committee of the City Council is hereby requested to authorize the following purchase or expenditure submitted by the Central Garage Department to expend $ 4,804.86 plus est. shipping costs of $ 0.00 to pay for or purchase Replinish stock hydraulic hose This purchase or expenditure is being made because: Re -Stock hydraulic hose used on Garbage Trucks, Street Vehicles etc. Vendor selected for this purchase: Tri State Truck Equipment X Bids or written quotes were taken on this purchase, as follows: E3ids or quotes were not taken on this purchase because: Preferred provider - Prior Committee Actions (Dates): Please check the following box(es) as appropriate to describe the funding for this expense: x General Fund Bonds Road Use Tax Federal/other grants Sewer Other (specify) This expenditure is to be coded to the following budget line -item: 010-18-7955-1571 Sanitation (Fund - Department - Activity - Account Number) (Project Code) in which the budgeted amount is $ 200, 000.00 t' and the current available balance is $ 47,702.51 V Respectful! submitted, (Signature Dept. Hee or Designee) 3 -Z Y Date (Signature Finance Dept. Review) Date K:\shared goodies\forms\Central Garage - Hydraulic Hose Re -Stock - March 2012.xrs (Mar 2010) City of Waterloo Expenditure Pre .Authorization Request Form City Clerk Use Only Finance Committee Approval Date The Finance Committee of the City Council is hereby requested to authorize the following purchase or expenditure submitted by the Engineering Department to expend $ 4,980.00 plus est. shipping costs of $ 40.00 to pay for or purchase One (1) Ashtech MobileMapper 100 This purchase or expenditure is being made because: Data collector to collect geo-referenced data/photos for storm water wet & dry weather inspections, construction site & watershed inspections required by NPDES MS4 Permit. Vendor selected for this purchase: Precision Midwest X Bids or written quotes were taken on this purchase, as follows: Precision Midwest iGage $5,020.00 (includes 1 hr local training @ $150.00) $4,978.00 (no training included) Bids or quotes were not taken on this purchase because: Prior Committee Actions (Dates): None Please check the following box(es) as appropriate to describe the funding for this expense: General Fund Bonds Road Use Tax Sewer Sanitation Federal/other grants X Other (specify) Storm Water Fee This expenditure is to be coded to the following budget line -item: 521-07-7830-1516 (Fund - Department - Activity - Account Number) in which the budgeted amount is and the current available balance is Respectfully submitted, (Project Code) 4,500.00 + 520.00 5,020.00 17 / iia .wttax_, 61/.(-62-7v,-) Date (Signature Dept. Head or Designee) Date (Signature Finance Dept. Review) K:\shared goodies\forms\Expenditure Pre -Authorization (Mar 2010) PRECISION MIDWEST 3S 140 Barkley Ave - Warrenville, IL 60555 - P: (630) 836-1000 company: City of Waterloo - Engineering Dept Address: 715 Mulberry St Waterloo, IA 50703-5714 Attention: Wayne Castle, PLS, El Phone: 319-291-4312 Fax/Email: 319-291-4262 CUSTOMER QUOTATION Page 1 of 1 Date March 12, 2012 Part No. Description Qty Sale Price 990631-13 ASHTECH MobileMapper 100 w/ ESRI ArcPad 10 license 1 - $ - Includes: Flying RTK Firmware Upgrade Option - for RTN Decimeter accuracy + above. 0 GLONASS Option (supports up to 20 satellites, both GPS+GLONASS) $ - 802133 MobileMapper 100 Receiver 0 $ 795.00 USB to PC cable for docking station connection 702058-S Precision External Antenna Cable Li -Ion battery module $ 85.00 $ - Docking Station cradle Bracket for Rover Pole Mount 0 Universal AC Adapter $ - 111780-S ArcPad 10 Single License 0 980788 Carrying Case 1 By PMW Setup, Pre -ship unit configuration of ArcPad install. 1 Sub -total: $ 4,915.00 .. 6r.P. .!(E'r 4 :" 47 Ee r`>" Ji . z7x ftp °r..7 -[e^1; „ Qty Sale Price Total Price 680604 NTRIP & Direct IP Firmware Upgrade Option - for using Iowa RTN / VRS 0 $ 695.00 $ - 680635 Flying RTK Firmware Upgrade Option - for RTN Decimeter accuracy + above. 0 $ 495.00 $ - 802133 ASH -660 (L1 GNSS Antenna - 38dB) - External Precision Antenna 0 $ 795.00 $ _ 702058-S Precision External Antenna Cable 0 $ 85.00 $ - 802124 Bracket for Rover Pole Mount 0 $ 75.00 $ - 111780-S SDW-821: SDIO Wireless LAN 802.11 b/g Card Kit for MM100 0 $ 95.00 $ - 206402-5 Extra Li -Ion Battery Pack, 3.7V - 6.6Ahr 1 $ 95.00 $ 95.00 702494-S Cigarette lighter power adapter for MM100/PM100/PM200 1 $ 70.00 $ 70.00 206410-S Field System Bag - Holds receiver plus accessories 0 $ 85.00 $ - 5125-20-YEIL-GT 2meter ROVER ROD - 2M,AL,SNAP-LOC,GT 0 $ 145.95 $ - TRAINING Client Training Services - Onsite, per hour 1 $ 150.00 $ 150.00 ";r ,=HIGH,ACCURAC Cm BUNDLE "KIT (OPTIONALT Qty Sale Price Total Price 680604 NTRIP & Direct IP Firmware Upgrade Option 0 $ 695.00 $ _ 680605 RTK Option 0 $ 1,495.00 $ - 680607 GNSS L2 Option 0 $ 1,995.00 $ _ 802135 ASH -661 (L1/L2/L5 GNSS Antenna - 38dB) - Extemal Precision Antenna 0 $ 1,995.00 $ _ 702058-S Precision External Antenna Cable 0 $ 85.00 $ - 802124 Bracket for Rover Pole Mount 0 $ 75.00 $ - 111780-S SDW-821 : SDIO Wireless LAN 802.11 b/g Card Kit for MM100 0 $ 95.00 $ - 2064025 Extra Li-lon Battery Pack, 3.7V - 6.6Ahr 0 $ 95.00 $ - 206410-5 Field System Bag - Holds receiver plus accessories (minus pole) 0 $ 85.00 $ - 5125-20-YEL-GT 2meter ROVER ROD - 2M,AL,SNAP-LOC,GT 0 $ 145.95 $ _ TRAINING Client Training Services - Onsite, per hour Notes: Pricing Valid until March 30, 2012 Both Decimeter and High -Accuracy Bundles require RTN/DGPS site connection from 3rd party. "` Also requires a cell phone data plan, not included. Sub -Total: $ 5,230.00 PMW Discount $ (250.00) Shipping & Handling: $ 40.00 Client Package Total: $ 5,020.00 Ben Sullivan Sales Representative Ben Sullivan@PrecisionMidwest.com Precision Midwest 3S140 Barkley Avenue Warrenville, IL 60555 Phone: 630-835-1000 Fale ....G30-836.8850 Customer Signature Date Note: For order placement, please submit Purchase Order documentation along with copy of this quotation to Ben Sullivan by Fax at (630) 836-8850. Please include complete biting information. Aashtech Authorized Dealer - 2012 Precision Midwest - NE Iowa Office 222 Hollywood Avenue Waterloo, IA 50701 Phone: 515-441-2098 Fax :b3Q436-8850 . MM100 PM100/200 Page 1 of 6 Co -r age All Tqpo P3apsGPS / Survey • VJeatherproof Paper : Updates Support Training Contact IgageStare Tope Maps Weatherproof ,:aper A hrech GPS ' 3' 7 F i 1ppQz F l' i 1373'.::. [ Packages / Prices ] [ Accessories [ Manuals / Datasheets ] [ Mark's Notes ] 5149Tg MobileMapper 100 ProMark 100 & ProMark 200 [ More Information on all the MM100-PM100-PM200 Family members ] [ Detailed Information on the MobileMapper 100 ] [ Detailed Information on the Single Frequency ProMark 100 ] [ Detailed Information on the Dual Frequency (OPUS) ProMark 100 ] [ Detailed Information on the GSM RTK ProMark 200 Rover ] The Breakthrough in Handheld Accuracy The MobileMapper 100, ProMark 100 and ProMark 200 form a complete family of precision handheld GPS receivers. All three devices are the same device, with different factory software options. So the entry level MobileMapper 100 receiver can be customer upgraded (a -la -carte) to the equivalent top-of-the-line ProMark 200. This family of receivers has breakthrough accuracy. In the United States with WAAS (SBAS) correction, using the internal GPS antenna, the real-time accuracy is quarter meter (0.25 meters). You can add RTK and a network source of corrections to enjoy 1.5 cm (0.015 meter) accuracy; or post - process collected data for even more accurate results. Integration with ArcPad is a snap. ArcPad works with real-time WAAS, Post -Processed raw files (using the optional ArcPad Extension) and with RTK. Tracking 45 -parallel GPS channels, with an ultra sensitive high -gain intemal GPS antenna and low -noise front- end amplifiers, the MobileMapper 100 boasts the fastest Time -to -First -Fix, best Under -Canopy performance and the highest accuracy available in a handheld GPS receiver. Checkout Mark Silver's review and details document for the MobileMapper 100, ProMark 100 and ProMark 200 [ more details ] [ Packages / Prices ] [ Accessories ] [ Manuals / Datasheets ] [ Mark's Notes ] Receiver Packages Leasing is available for equipment and packages totaling $3,500 or more. [ IMC Leasing Item Software I Description I MSRP Price JI I MobileMapper 100 Kits 990631- 01 MobileMapper 100, no software; MobileMapper 100 Receiver, Docking station, Universal A/C Adapter, Li -ion Battery, USB Cable, Companion CD for MM100 �` $3,295 dpr'quoteAdd' for price quote . View Cart 990631- 11 GLONASS MobileMapper 100 w/ GLONASS, no software; MobileMapper 100 Receiver, GLONASS, Docking station, Universal A/C Adapter, U -ion Battery, USB Cable, Companion CD for MM100 . _ _ $4,295 click 'Add' for price quote why? View Cart 990631- 02 MMField MobileMapper 100 and MobileMapper field SW; Receiver, Docking station, Universal A/C Adapter, Li -ion Battery, USB Cable, Companion CD for MM100, MobileMapper Field, MobileMapper Office ' $3,595 click 'Add' for price quote wnv? .-r` I. View Cart 990631- 12 MMField + GLONASS MobileMapper 100 w/ GLONASS and MobileMapper field SW; Receiver, GLONASS, Docking station, Universal A/C Adapter, U -ion $4,595 click 'Add' for price quote C_ View Cart http://www.igage_com/mp/mml00 pm.200/MM100_PM100_PM200.htm?gelid=CN3L_a... 3/16/2012 'MM100 PM100/200 Page 2 of 6 http://www.igage_com/mp/mm100pm700/MM100_PM100_PM200.htm?gelid=CN3L a... 3/16/2012 Battery, USB Cable, Companion CD for MM100, MobileMapper Field, MobileMapper Office _ t virile_ 990631- AvcPad MobileMapper 100 and ArcPad ' 03 10; Receiver, Docking station, Universal __ $3,740 A/C Adapter, Li -ion Battery, USB Cable, Companion CD for MM100, ArcPad 10 -'":� ` dick 'Add' for price quote _.. View Cart License (USA Only) Why?- 990631- ArcPad MobileMapper 100 w/ 13 + GLONASS and ArcPad 10; GLONASS $4, 740 Receiver, GLONASS, Dockingstation,,, click 'Add' for Universal A/C Adapter, Li -ion Battery, price quote View Cart USB Cable, Companion CD for MM100, why? ArcPad 10 License (USA Only) 800981- FAST ProMark 100 Field Terminal; 12 Survey (MM100 w/ FAST Survey); Receiver, Docking Universal $3,995 station, A/C Adapter, U -ion Battery, USB Cable, click 'Add' for Companion CD for MM100, Bracket for pricewo View Cart pole (PN 802124). Includes FAST Survey for Internal and External GPS receivers. Why? 800981- FAST ProMark 100 Field Terminal w/ 12-GLO Survey GLONASS; (MM100 w/ FAST + ; Receiver + GLONASS; GLONASS. Serve y) $4,995 Docking station, Universal A/C Adapter, click 'Add' for :MIRY U -ion Battery, USB Cable, Companion CD : price quote View Cart for MM100, Bracket for pole (PN 802124). Includes FAST Survey for Internal and External GPS receivers. Li/1:y ? ProMark 100 Kits 990632- 01 PMFieId ProMark 100, L1 GPS; ProMark 100 receiver, Docking Station w/ USB & AC/DC Power cable, ASH -660 Ll •` $3,950 GPS/GLONASS antenna & cable, Vertical click 'Add' for Ant Extension, HI Measurement Tape, price quote View Cart Bracket for Pole Mount, Field System Bag, ProMark Field + GNSS Solutions office software Why? 990632- 03 PMFieId + GLONASS ProMark 100, L1 GPS + GLONASS; ProMark 100 receiver, GLONASS, Docking Station w/ USB & AC/DC Power ASH - =�• " "" ` `ea $4,950 cable, -660 Ll GPS/GLONASS antenna & cable, Vertical click 'Add' for c Ant Extension, HI Measurement Tape, p cequ hte View Cart Bracket for Pole Mount, Field System Bag, ProMark Field + GNSS Solutions office software 990632- 10 PMFieId L1/L2 ProMark 100, L1 GPS + L1/L2 Ant; ProMark 100 receiver, Docking Station w/ USB & AC/DC Power cable, • $4,950 GNSS ASH -661 L1/L2 GPS/GLONASS 'Add' Antenna antenna & cable, Vertical Ant Extension, click for price quote View Cart ' HI Measurement Tape, Bracket for Pole Mount, Field System Bag, ProMark Feld + GNSS Solutions office software Whv? 990632- 13 PMFieId L1/L2 GNSS ProMark 100, 11 GPS + GLONASS + L1/L2 Ant; ProMark 100 receiver, GLONASS, Docking Station w/ USB & AC/DC Power •- l '` $5,950 Antenna cable, ASH -661 L1/L2 GPS/GLONASS antenna & click 'Add' for ri +p +cable, Vertical Ant Extension, HI rice quote View Cart GLONASS Measurement Tape, Bracket for Pole Mount, Field System Bag, ProMark Field + GNSS Solutions office software wnv? Dual Frequency Click for details: $6,945 ProMark 100 [ PM100 L1/L2 OPUS Ready Kit ) click 'Add' for Kit The Highest Performance OPUS Compatible GPS Kit! price quote View Cart Why/ http://www.igage_com/mp/mm100pm700/MM100_PM100_PM200.htm?gelid=CN3L a... 3/16/2012 `N11M100 PM100/200 Page 3 of 6 McMgper 200 Kit V( cPad LONASS MobiteMapper 200 - L1/L2 GNSS w/ ArcPad; The ultimate Precision GIS Engine for use in RTK Networks! ProMark 200 receiver, Including L2, RTK, GSM/GPRS and GLONASS Options, Docking Station w/ USB & AC/DC Power cables, ASH -661 L1/L2 GNSS antenna & cable, Vertical Ant Extension, HI Measurement Tape, Bracket for Pole Mount, Field System Bag, ArcPad 10 software. -- $9,750 click 'Add' for Price quote why? 680603 GLONASS O tion, added to receiver after h p p urcase. Serial Number of target receiver is required. $1'250 dick 'Add' for price Whv? L<.,_.: f` View Cart ProMark 200 Kit 990633 FAST Survey GLONASS ProMark 200 -11/L2 GNSS w/ FAST Survey; ProMark 200 receiver, Including L2, RTK, GSM/GPRS and GLONASS Options, Docking Station w/$9,950 USB & AC/DC Power cables, ASH -661 L1/L2 GNSS antenna & cable, Vertical Ant Extension, HI Measurement Tape, Bracket for Pole Mount, Field System Bag, FAST Survey + GNSS Solutions office software . -- %`�• dick'Add' for p ce quote Wny? 680605 RTK Option for MM100 or PM100 -,:----. View Cart View Cart MM100, PM100, PM200 Accessories Item Description Image MSRP Price Receiver Options 680603 GLONASS O tion, added to receiver after h p p urcase. Serial Number of target receiver is required. $1'250 dick 'Add' for price Whv? f` Viewcart 680604 GSM/GPRS + NTRIP + Direct IP Option for MM100 or PM100, enables the Cell Modem and NTRIP + DIP. $695 dick 'Add' for price Whv. j- View Cart 680605 RTK Option for MM100 or PM100 $1,495 didc'Add' for price why? RIM View Cart 680607 GNSS L2 Option for MM100 or PM100 $1,995 click 'Add' for price Whv? ( View Cart 680606 Fast Output Option(20 Hz)for MM100, PM100 or P pdick PM200 $1,495 'Add' for price wnv? View Cart Software 702081-04 GNSS Solutions L1/L2 Post Processing Hardware (USB port) Security Key Enables L2 processing in GNSS Solutions $995 dick 'Add' forgpn why? OM View Cart 990604 MobileMapper Field SW(Save $100 by pp purchasing MMFeId bundled with receiver) $395 dick 'Add' for price why? rr l# View Cart 990646 ProMark Field SW for MM100 or PM200 b Save ( Y purchasing bundled with receiver) $395 dick'Aad' for price why? View Cart FAST Survey Field Software 990645 FAST Surveyfield software (for PM100 Internal GPS Only) $1,000 click 'Add' for price why? View Cart 990618 FAST Surve for PM100 INTERNAL AND External y ( GNSS Receiver) $1,250 click 'Add'RPM for price wnv? View Cart 680576 Total Station Option for FAST Survey $750 dick'Add' for price Ve ViewCart http://www.igage.com/mp/mml 00_pm200/MM100_PM100 PM200.htm?gclid=CN3L_a... 3/16/2012 MM100 PM100/200 Page 4 of 6 http://www.igage.com/mp/mm100_pm200/MM100 PM100_PM200.htm?gelid=CN3L a... 3/16/2012 Why? $500 680529 Robotic Total Station Option for FAST Survey click 'Add' POW (680576 required) for price view Cart Why? $500 680530 Advanced Roading for FAST Survey click 'Add' [- for price View Cart Why? Post Processing (for MobileMapping Field and ArcPad, PP included with ProMark Feld) $495 680547 Post -Processing Option for MobileMapper Field d ni ($ price View Cart quote Why? $495 990650 Post -Processing Option for ArcPad 10.0 on MM100 dick 'Add' L for price View Cart Why? Hardware Accessories. $795 802133 ASH -660 (L1 GNSS Antenna - 38dB) f click 'Add' for price r� View Cart Why? $1'995 802135 ASH -661 (L1/L2/L5 GNSS Antenna - 38dB)dick 'Add' for price View Cart Why? $85 702058 Precision External Antenna Cable (same as PM3,MMCX) dick 'Add' for price Ralf View cart Why? $90 • 980784 Automobile External GPS Antenna & Cable (Mag Mount) = dick rrw for price ar View Card Why? 980788 Carrying (belt) Case $25 View Cart 802134 Kit of 5 Extra Stylus t-^-1 $40 vie,,,_LcALt 802134-1 1 Extra Stylus 4-1 $10 View Cart $95 206402 Pack: MM100, PM100, PM200 d'Add' for r price View Cart quote Why? $75 802124 Bracket for Pole Mount: MM1oo, PM 100, PM200 Jg die Add' for price View Cart wny? $125 802119 Docking Station for MM100, PM100, dick'Add' 17_ ii PM200; includes power supply (PN 111752) for price View Cart Why? $55 111752 Power Supply for Docking Station click 'Add' for price r View Cart Why? 103717 Vertical Ant Extension $55 View Cart 111146 HI Measurement Tape - $45 View Cart $81 SD W-821 SDIO WiFi Card for MM100/PM100/PM200 disc 'Add' for price View Cart why? 65 111775-S Un -terminated PoGo cable for MM100 dick 'Add' PM100 PM200 / / for price View Cart Why? $85 702488-S for DB9 (female) serial to PoGo cable dick 'Add' for MM100/PM100/PM200 price View Cart quote Why? 85 206410 Ashtech Field System Bag (soft case) dick A d for price View Cart Why? Extended Warranty (add to standard 12 month warranty) $525 dick 'Add' -.. _.... Page 4 of 6 http://www.igage.com/mp/mm100_pm200/MM100 PM100_PM200.htm?gelid=CN3L a... 3/16/2012 Ashtech MobileMapper 100 ProMark 200 12 Volt Power Adapter [702494-S] - $78.00: S... Page 1 of 2 Important Links About Us My Account Surveyor's Blog Mission Planning Map to Florida Store Financing FAQ's Categories Auto Levels-> Batteries & Chargers-> Calculators-> Compass (Sokkia) Construction Supply-> Data Collection-> Data Collectors-> Digital Levels Digital Theodolite-> Drafting Supplies-> Field Books-> Field Supplies-> GIS-> GPS Accessories-> GPS Accessories By Manufacturer-> GPS Accessories Ashtech Spectra-> MobileMapper 10 Accessories MobileMapper 100 20: Accessories ProMark 100 200 Accessories MobileMapper 6 Accessories ProFlex 500 Accessories ProFlex 800 Accessories ProMark 500 Accessories ProMark 800 Arracsorie. Promark 3 Accessories MobileMapper CX CE Accessories GPS Accessories Crain GPS Accessories CST GPS Accessories SECO GPS Accessories Stakemi Ashtech Magellan GPS Mounts GPS Antenna Mounts-> GPS Antennas-> GPS Digital Camera GPS Poles & Rods-> GPS Tripods-> GPS Software-> GPS Radios-> GPS Network Services GPS Receivers-> Grade Rods-> Hand Levels-> Laser Scaners Lasers-> Law Enforcement Items-> Locators-> Machine Control-> Measuring Items-> IMeasuring Tapes-> Measuring Wheels-> Enter search keywords here Sea HOME :: LOG IN :: SITE MAP :: MY ACCOUNT Home :: GPS Accessories :: GPS Arrwssories By Manufacturer :: GPS A resaories Ashtech Spectra :: MobileMapper 100 200 Accessories :: Ashtech MobileMapper 100 ProMark 200 12 Volt Power Adapter larger image MobileMapper 100 200 Accessories Product 1/16 r` prey Jl fisEa Ashtech MobileMapper 100 ProMark 200 12 Volt Power Oaf 1, Ashtech OEM ProMark 200 ProMarklDO MobileMapper 100 cigarette lighter power adapter, fastens to back of PM5, also clears OEM pole mount • Model: 702494-6 • Manufactured by: Ashtech Solutions Availability Usually Ships Our Truck Pick up Avail Product 1/16 a'E prey jl sting Jr next .Q write a reYiewJJ J 'w Recommend this on Google Like SendBe the first of your friends to like this. Follow @Stakemill 78 followers Add to Cart: 1 Max: 100 Madd to cart _; telt a fr iersd J 3 rt http://www.stakemill com/index.php?main_page--product info&products_id=5781&zenid... 3/16/2012 City Clerk Use Only Finance Committee Approval Date City of Waterloo Expenditure Pre -Authorization Request Form The Finance Committee of the City Council is hereby requested to authorize the following purchase or expenditure submitted by the Finance Department to expend $ 1,404.75 plus est. shipping costs of $ 60.00 to pay for or purchase HP P4515 This purchase or expenditure is being made because: a laser printer for printing accounts payable and payroll checks with new financial software. Vendor selected for this purchase: HP LaserJet P4515 x Bids or written quotes were taken on this purchase, as follows: PC Nation - $1,404.75 plus shipping CDW - $1,598.89 Storey -Kenworthy - $2,002.14 Bids or quotes were not taken on this purchase because: Prior Committee Actions (Dates): Please check the following box(es) as appropriate to describe the funding for this expense: x General Fund Road Use Tax Sewer Sanitation Bonds Federal/other grants Other (specify) This expenditure is to be coded to the following budget line -item: 408-03-8400-2118 (Fund - Department - Activity - Account Number) in which the budgeted amount is and the current available balance is Respectfully submitted, 2,77 (Signature Dept. Head or Designee) (Project Code) $ 15,000.00 $ 8,609.00 l Date (Si nature F(nance Dept. Review) Date K:\shared goodies\forms\Exp Pre-Auth Check Printer.xls (Mar 2010) City of Waterloo Expenditure Pre -Authorization Request Form City Clerk Use Only Finance Committee Approval Date The Finance Committee of the City Council is hereby requested to authorize the following purchase or expenditure submitted by the WFR Department to expend $ 2,190.00 plus est. shipping costs of $ 0.00 to pay for or purchase Fire reporting software This purchase or expenditure is being made because: WFR uses this software for Fire/Training reporting. This is the yearly renewal cost for the support for the complete system. Vendor selected for this purchase: Affliliated Computer Services x Bids or written quotes were taken on this purchase, as follows: Bids or quotes were not taken on this purchase because: Support for existing software. (this expense was shared in the past with EMS so a budget amendment will have to be made to cover this expense from 1410-1520) Prior Committee Actions (Dates): Please check the following box(es) as appropriate to describe the funding for this expense: x General Fund Bonds Road Use Tax Federal/other grants Sewer Other (specify) Sanitation This expenditure is to be coded to the following budget line -item: 010-12-1400-1520 COMPUTER SOFTWARE (Fund - Department - Activity - Account Number) (Project Code) AY21V-161216- $ 2,800.00 in which the budgeted amount is and the current available balance is Respectfully -ubmi s s� $ 1,967.50 r ��57)� 72 C t -i l!&, G��z.�. `r �. ,-&----),)--,1)0/ (Scg attire Dept. He or Designee) Date (Signature Finance Dept. Review) Date K:\shared goodies\forms\Expenditure Pre-AuthorizationFIREHOUSE (Mar 2010) F F F ACS FIREHOUSE SOFTWARE 2900 100th Street, STE 309 Urbandale IA 50322 A C S° SOLD TO: WATERLOO FIRE DEPARTMENT JIM QUINT 425 EAST 3RD STREET WATERLOO IA 50703 INVOICE Invoice 764708 Page Number: 1 Date: 3/7/2012 Customer: 339224 Please Remit Payments To: Affiliated Computer Services P.O. Box 201322 Dallas TX 75320-1322 SHIP TO: WATERLOO FIRE DEPARTMENT KEVIN LEE 425 EAST 3RD STREET WATERLOO IA 50703 � .f.h4y4�i..t°w-f,_ 'Fs + .�34 '.i_�.'- �j1, L..�_ T ++ .., .� c'a�.31 �F� P T 05/01/2012 - 05/01/2013 �,. 875540 NET 30 4/6/2012 NL-TIVIErEf44; AFs L Gm j � iw 372505 372501 372506 372507 FH Enterprise -Support Renewal Complete System Modules included are Fire and EMS Reporting, Staff Activities and Training, Occupancy Management, Apparatus Equipment and Inventory, Hydrant Tracking FH Enterprise -Support Renewal Additional User Staff Scheduling Module Support Additional User Staff Scheduling Support 111.1 / Af4R 0 w,�7-6/), 284, ,{ F//6n c1 EA EA EA EA 1 5 1 5 _ 895.000000 170.000000 170.000000 55.000000 895.00 850.00 170.00 275.00 lease contact us at: H Support, Sales & Billing 800-921-5300, x,m1:30400400 2,190.00 a $ 2117V.®V City of Waterloo Expenditure Authorization Request Form The Finance Committee of the City Council is hereby requested to authorize the following purchase or expenditure submitted by the Leisure Services Department to expend $ 3,495.72 plus est. shipping costs of $ NA to pay for or puchase Golf course supplies from Standard Golf. This purchase or expenditure is being made because: To replace old flags, flagsticks, broken ball washers, worn out cups and other miscellaneous golf course equipment. x1 Bids or written quotes were taken on this purchase, as follows: Bids or quotes were not taken on this purchase because: Standard Golf gives the City 25% off retail which is lower than any prices around. Prior Committee Actions (Dates): Please check the following box(es) as appropriate to describe the funding for this expense: X General Fund Bonds Road Use Tax Sewer Federal/other grants Other (specify) This expenditure is to be coded to the following budget line -item: 010-37-4120-1567 (Fund - Department - Activity - Account Number) in which the budgeted amount is and the current available balance is Res.- . ubmitted, Sanitation (Project Code) $ 4,250.00 V $ 3,495.72 ;f /ii" ,(%«-6/2 -/q- 00-- ignature Depad or Designee) Date (Signature Finance Dept. Review) Date users\shared goodies\forms\Standard Golf Preauth.xls(Oct 2004) City Clerk Use Only Finance Committee Approval Date City of Waterloo Expenditure Pre -Authorization Request Form The Finance Committee of the City Council is hereby requested to authorize the following purchase or expenditure submitted by the Leisure Services $ 1,200.00 plus est. shipping costs of $ Department to expend to pay for or purchase Sixteen (16) LVLs - beams- for dugouts at East & West Exchange diamonds y ett�j;n�ti zd LW.hbz This purchase or expenditure is being made because: LVLs are needed for 4 new dugouts at East and West Exchange diamonds, special order. Remaining lumber materials to be rebid. Vendor selected for this purchase: Menards X Bids or written quotes were taken on this purchase, as follows: Menards is honoring Ivl bids submitted January 24, 2012 for the tee ball dugouts. Bids or quotes were not taken on this purchase because: Prior Committee Actions (Dates): Please check the following box(es) as appropriate to describe the funding for this expense: General Fund Road Use Tax Bonds X Sewer Sanitation Federal/other grants ri Other (specify) BH Gaming Grant This expenditure is to be coded to the following budget line -item: 426-37-4202-2178 37SPT-CRYS (Fund - Department - Activity - Account Number) (Project Code) in which the budgeted amount is and the current available balance is Respectf submitteJ $ 0 0 ✓ /+ i-,12441/2 -3'6 _ 2 -- (Signature -- (Signature CSe�dad or Designee) Date (Signature Finance Dept. Review) Date K\sharedgoodles\forms Epnditure Pre-Authorization.xls (Mar 2010) City of Waterloo Expenditure Pre -Authorization Request Form The Finance Committee of the City Council is hereby requested to authorize the following purchase or expenditure submitted by the Leisure Services Department to expend $ 1,614.65 plus est. shipping costs of $ n/a to pay for or purchase Emergency repairs to Young Arena's Electric and LP Zamboni's City Clerk Use Only Finance Committee Approval Date This purchase or expenditure is being made because: Emergency repairs needed to be made to the electrical system, water pump and emissions for proper operation, safety and reliability of the machines. Vendor selected for this purchase: Hawk Performance Specialties- Woodville, WI x Bids or written quotes were taken on this purchase, as follows: Bids or quotes were not taken on this purchase because: Hawk Performance Specialties is specialized in Zamboni repair and maintenance. They are the closest Zamboni repair specialists in the midwest and have performed all preventative maintenance and repair on the machines for the past 5 years. Prior Committee Actions (Dates): Please check the following box(es) as appropriate to describe the funding for this expense: X General Fund Bonds Road Use Tax Federal/other grants Sewer Other (specify) This expenditure is to be coded to the following budget line -item: Y s -o e-/ 3 7 5 4 qTd �ija/12 (Fund - Department - Activity - Account Number) in which the budgeted amount is and the current available balance is Res ectfu4l y-su.b m i tt e d (Signature Dept/Hedd or Designee) Date K:\shared goodies\forms\Zam EMG REPAIRS 2012.xls (Mar 2010) Sanitation (Project Code) $ 2 ,s -o o $ /Z6/ (Signature Finance Dept. Review) Date City Clerk Use Only Finance Committee Approval Date City of Waterloo Expenditure Pre -Authorization Request Form The Finance Committee of the City Council is hereby requested to authorize the following purchase or expenditure submitted by the Leisure Services Department to expend $ 1,090.00 plus est. shipping costs of $ to pay for or purchase backstop padding to be placed on backstops throughout the Riverfront Sports Park. More padding is needed than what was ordered in September 2011. This purchase or expenditure is being made because: product is necessary to improve the visual appeal of the Riverfront Sports Park. This is part of the project funded by BHCGA, the City and B.O.B. Vendor selected for this purchase: Beacon Ballfields, Middleton WI X Bids or written quotes were taken on this purchase, as follows: Beacon is honoring their bid from September 2011. Bids or quotes were not taken on this purchase because: Prior Committee Actions (Dates): Please check the following box(es) as appropriate to describe the funding for this expense: X General Fund Road Use Tax Bonds Federal/other grants Sewer Other (specify) This expenditure is to be coded to the following budget line -item: 411-37-4202-2178 (Fund - Department - Activity - Account Number) in which the budgeted amount is and the current available balance is Respely subrrjittd, Sanitation 37SPT-CRYS (Project Code) $ 150,000.00 ' $ 44,890.00 7 , 273,66/1-0(__ ��;�%; (� �1 -e, f 2. (Signatuye e t. Head or Designee) Date (Signature Finance Dept. Review) Date K:\shared goodies\forms\Expenditure Pre-Authorization.xls (Mar 2010) City of Waterloo Expenditure Pre -Authorization Request Form The Finance Committee of the City Council is hereby requested to authorize the following purchase or expenditure submitted by the Leisure Services Department to expend $ 2,000.00 plus est. shipping costs of $ to pay for or purchase Cleaning supplies for the three municipal golf courses, toilet paper, towels, can liners, disinfectant, deodorant, etc. City Clerk Use Only Finance Committee Approval Date This purchase or expenditure is being made because: supplies are needed to maintain the restrooms on the golf courses Vendor selected for this purchase: X Bids or written quotes were taken on this purchase, as follows: Bids were taken from Weber Paper and Capital Sanitary. The towels need to fit the dispensers in the restrooms. We will use the lower bids from each vendor. Bids or quotes were not taken on this purchase because: Prior Committee Actions (Dates): Please check the following box(es) as appropriate to describe the funding for this expense: X General Fund Bonds Road Use Tax I Sewer Federal/other grants I I Other (specify) This expenditure is to be coded to the following budget line -item: 010-37-4120-1541 (Fund - Department - Activity - Account Number) in which the budgeted amount is and the current available balance is Respectfully submitted,,. Sanitation (Project Code) $ 3,000.00L" $ 2,619.00'" .__--E( z2/th&i 1 _5- -2-„ z tgriature ept. Hl;ar Designee) Date (Signature Finance Dept. Review) Date K:\shared goodies\forms\Exp d iture Pre-Authorization_xls (Mar 2010) City Clerk Use Only Finance Committee Approval Date City of Waterloo Expenditure Pre -Authorization Request Form The Finance Committee of the City Council is hereby requested to authorize the following purchase or expenditure submitted by the Leisure Services Department to expend $ 2,000.00 plus est. shipping costs of $ to pay for or purchase meals for participants in Katoski/Kiwanis and Elks golf tournament, South Hills and Gates Golf academy, and other sports programs. This purchase or expenditure is being made because: Meals/snacks are provided as part of the program. Registration fees are charged for the programs. Golf academy held in May, Katoski held in Jn, others in Jly, Aug. Camp in March. Vendor selected for this purchase: Various venders will be used. X Bids or written quotes were taken on this purchase, as follows: Bids or quotes were not taken on this purchase because: Various vendors are used to provide meals/snacks. Prior Committee Actions (Dates): Please check the following box(es) as appropriate to describe the funding for this expense: X General Fund Road Use Tax Sewer Bonds Federal/other grants Other (specify) This expenditure is to be coded to the following budget line -item: 010-37-4200-1556 FY2012 (Fund - Department - Activity - Account Number) in which the budgeted amount is and the current available balance is Respectfully submitted Sanitation (Project Code) $ '9,350.00 1�1 ature'epi ad or Designee) Date (Sig/nature Finance Dept. Review) Date K:\shared goodies\forms\Food preauth.xls (Mar 2010) City of Waterloo Expenditure Pre -Authorization Request Form The Finance Committee of the City Council is hereby requested to authorize the following purchase or expenditure submitted by the Leisure Services Department to expend $ 1,160.00 plus est. shipping costs of $ to pay for or purchase Turface and diamond chalk. City Clerk Use Only Finance Committee Approval Date This purchase or expenditure is being made because: to maintain youth ball diamonds. Vendor selected for this purchase: Pace Supply Fairfax IA f ^ I Bids or written quotes were taken on this purchase, as follows: Pace Supply, Fairfax IA $1,159.60 Agrium Advanced Tech, Ankeny IA $1,319.20 Beacon Athletics, Middleton WI $1,667.40 Bids or quotes were not taken on this purchase because: Prior Committee Actions (Dates): Please check the following box(es) as appropriate to describe the funding for this expense: X General Fund Bonds Road Use Tax Sewer Federal/other grants n Other (specify) This expenditure is to be coded to the following budget line -item: 010-37-4200-1566 (Fund - Department - Activity - Account Number) Sanitation (Project Code) in which the budgeted amount is $ 39,000.00 /-' and the current available balance is Respe.tftily submitted $ 22,213.00 236 4—j !®� zZ—(z /d 2?� - 2� / a-- C---(5fgnature Dept. ead or Designee) Date (Signature Finance Dept. Review) Date K:\shared goodies Worms \Expenditure Pre-Authorization.xls (Mar 2010) City Clerk Use Only Finance Committee Approval Date City of Waterloo Expenditure Pre -Authorization Request Form The Finance Committee of the City Council is hereby requested to authorize the following purchase or expenditure submitted by the Police Department to expend $ 2,498.90 plus est. shipping costs of $ 15.00 to pay for or purchase Tableau Forensic Duplicator with protocol modules, removable hard drive tray and rack. This purchase or expenditure is being made because: forensic computer equipment for investigations of computer crimes. Vendor selected for this purchase: Digital Intelligence, Inc. x Bids or written quotes were taken on this purchase, as follows: Bids or quotes were not taken on this purchase because: This equipment is proprietary to Digital Intelligence, Inc. for the purposes of retrieving data from electronic computer equipment for forensic analysis. Prior Committee Actions (Dates): Please check the following box(es) as appropriate to describe the funding for this expense: General Fund Road Use Tax Bonds Federal/other grants x Sewer Other (specify) Sanitation This expenditure is to be coded to the following budget line -item: 010-11-1160-2106 11 PRO FORE (Fund - Department - Activity - Account Number) (Project Code) in which the budgeted amount is and the current available balance is $ 3 ) U $ Respectfully submitted, (A/ i �'�� ),5/ ?/ z 722,.t,n ii,f "4k— t ,44.24ixz\ (Signature Dept. Head or Designee) Date `(Signature Finance Dept. Review) Date K:\shared goodies\forms\Expenditure Pre -Authorization (Mar 2010) City of Waterloo Expenditure Pre -Authorization Request Form The Finance Committee of the City Council is hereby requested to authorize the following purchase or expenditure submitted by the Police Department to expend $ 5,046.42 plus est. shipping costs of $ 0.00 to pay for or purchase liability insurance for board members and members of the Tri -County Drug City Clerk Use Only Finance Committee Approval Date Enforcement Task Force. This purchase or expenditure is being made because: insurance coverage for members of the board of directors and enforcement officers of the Tri -County Drug Enforcement Task Force. This is a renewal of the liability policy. Vendor selected for this purchase: PDCM Insurance x Bids or written quotes were taken on this purchase, as follows: Bids or quotes were not taken on this purchase because: PDCM Insurance is the City of Waterloo insurance carrier. This is a renewal. Prior Committee Actions (Dates): Please check the following box(es) as appropriate to describe the funding for this expense: x General Fund Road Use Tax Bonds Federal/other grants Sewer I 1 Sanitation Other (specify) This expenditure is to be coded to the following budget line -item: 010-11-1160-1512 TRI TRIF (Fund - Department - Activity - Account Number) (Project Code) in which the budgeted amount is and the current available balance is Resectfully submitted, i r� ✓, ti $ /(g/.(r90 $ ( g ture Dept. Head or Designee) Date (Signature Finance Dept. Review) K:\shared goodies\forms\Expenditure Pre -Authorization (Mar 2010) Date City Clerk Use Only Finance Committee Approval Date City of Waterloo Expenditure Pre -Authorization Request Form The Finance Committee of the City Council is hereby requested to authorize the following purchase or expenditure submitted by the Police Department to expend $ 3,950.00 plus est. shipping costs of $ 100.00 to pay for or purchase two Dell E5520 laptop computers, docking stations and a Dell 1610 HD projector. This purchase or expenditure is being made because: computers and projector for the Internet Crimes Against Children office for investigations and informational presentations to the public. Equipment is beingpaid by grant funding. Vendor selected for this purchase: Dell Computers x Bids or written quotes were taken on this purchase, as follows: Bids or quotes were not taken on this purchase because: Dell computers are utililized throughout the police department and allow use to connect to peripherals and other hardware already in the department. Prior Committee Actions (Dates): Please check the following box(es) as appropriate to describe the funding for this expense: General Fund Bonds Road Use Tax Federal/other grants x Sewer Other (specify) Sanitation This expenditure is to be coded to the following budget line -item: 010-11-1160-2106 11 PRO FORE (Fund - Department - Activity - Account Number) (Project Code) in which the budgeted amount is and the current available balance is ectfully submitted, if O_52/ / 2 -- (Sig jiture —(Sigjiture Dept. Head or Designee) Date (Si nature Finance Dept. Review) Date $foal) c $ 14 O ✓ K:\shared goodies\forms\Expenditure Pre -Authorization (Mar 2010) City of Waterloo Expenditure Pre -Authorization Request Form The Finance Committee of the City Council is hereby requested to authorize the following purchase or expenditure submitted by the Traffic Operations Department to expend $ 1,461.00 plus est. shipping costs of $ to pay for or purchase Two Hour Parking, No Left Turn and No Right Turn signs City Clerk Use Only Finance Committee Approval Date This purchase or expenditure is being made because: Update existing signs Vendor selected for this purchase: Newman Signs, Inc. X Bids or written quotes were taken on this purchase, as follows: Newman Signs, Inc. Jamestown, ND Iowa Prison Industries Anamosa, IA $1,461.00 $1,580.00 Bids or quotes were not taken on this purchase because: Prior Committee Actions (Dates): Please check the following box(es) as appropriate to describe the funding for this expense: X General Fund Bonds 1 1 Road Use Tax Sewer Federal/other grants Other (specify) This expenditure is to be coded to the following budget line -item: 410-17-7120-2125 (Fund - Department - Activity - Account Number) in which the budgeted amount is and the current available balance is Sanitation (Project Code) $ 23,000.00' $ 18,861.00 Respectfully submitted, (Signathhre Finance Dept. Review) Date Signature Dept. He or Designee) / Date K:\shared goodies \forms\2012-March-Expenditure Pre -Authorization -signs - Nevrman.xls (Mar 2010) City of Waterloo Expenditure Pre -Authorization Request Form City Clerk Use Only Finance Committee Approval Date The Finance Committee of the City Council is hereby requested to authorize the following purchase or expenditure submitted by the Traffic Operations Department to expend $ 1,450.00 plus est. shipping costs of $ 40.00 to pay for or purchase 1 - Access Point with contact closure interface for detection data This purchase or expenditure is being made because: Broadway and Donald intersection - interface detection puk failed. Vendor selected for this purchase: Brown Traffic Products, Inc. X Bids or written quotes were taken on this purchase, as follows: Brown Traffic Products, Inc. Davenport, IA $1,450.00 Bids or quotes were not taken on this purchase because: Prior Committee Actions (Dates): Please check the following box(es) as appropriate to describe the funding for this expense: X General Fund Bonds Road Use Tax Sewer Federal/other grants Other (specify) This expenditure is to be coded to the following budget Zine -item: 410-17-7120-2125 (Fund - Department - Activity - Account Number) in which the budgeted amount is and the current available balance is Sanitation (Project Code) $ 30, 000.00 $ 2�-1-2.03_ ( 6, Respectfully submitted, ///ga-1./U , te&P /01' (-) 0)-(1[071,u1 (Sig ature Dept. Hedd or Designee) " Datc (Signature Finance Dept. Review) Date K:\shared goodies\forms\2012-March-Expenditure Pre-Authorization-Broadway&Donald interface puk.xls (Mar 2010) WATERLOO PUBLIC LIBRARY—Board of Trustees—February 13, 2012 Submitted by Kim Chapman Members present: Members absent: Others present: Sue Smith, Karol Erdmann, Alex Crouse Jan Hahn, Troyce Vich Mike Dargan, Lori Petersen, Kim Chapman, Sheryl McGovern, Carolyn Sallis, Ambri Refer, Kelly Stern The regular meeting of the Waterloo Public Library Board of Trustees was called to order by President Sue Smith at 12:01 p.m. Moved by Erdmann, seconded by Crouse, to approve the agenda as presented. Motion carried. Moved by Crouse, seconded by Erdmann, to approve the January 9, 2012, regular meeting minutes as presented. Motion carried. The financial sheets and bills were reviewed. Sheryl reported the City's financial office gave us a little scare at the end of last month regarding overspending in the personnel budget; however, after a lot of work by Sheryl, it was discovered the financial office had made an error. Moved by Erdmann, seconded by Crouse to pay January bills. Motion carried. The January statistics were reviewed, noting usage is down 2% from July through January of this fiscal year compared to the same period last year. Reference stats were not available, but will be reported next month. Director's Report • RFID Updates—Sheryl reported the project is pretty near completion. There have been on-going problems with the self -checks, especially the two in the kiosks, which are located in the reference and the youth department, but the other two self -checks, known as the baby self -checks, that sit on the counters at circulation, seem to be working fine now. The kiosk models will be returned to Demco and replaced with two baby self -checks that will sit on desks. At that point, the project will be considered finished. Mike, Lori and Nick have worked hard with Erik in correcting the problems. There was a nice story in Friday night's Courier about the new self -check system. • Goals FY12: Mid -Year Report—the FY12 goals were included in the Board packets. They were reviewed with progress noted. • Budget Update—the city department heads will meet individually with the mayor beginning sometime this week regarding the FY13 budget. Sheryl reported that though the overall budget figure remains the same for the County for FY13, WPL will receive a bigger share than FY12 year due to the amount of money spent on materials in FY11, which can be attributed to our gift funds. • Miscellaneous—Sheryl received e-mail from a patron wondering who decided to close the library on MLK, Jr. Day. She responded to him letting him know it was a contractual holiday started during John -Rooffs administration and that she would bring it to the Board. Sheryl reported the City's planning department is looking at the empty offices on third floor to possibly move Community Development from the Carnegie building. It is believed that department is federally funded, so WPL would possibly receive revenue that was lost with the restructuring of the regional libraries. Sheryl also reported engineers are looking at and investigating our public parking lot. Informational Reports from Staff • Mike Dargan, Tech Systems & Reference—there will be some changes in the reference department with some hours being switched to the new tech systems assistant (current staff is filling this new position); reference librarians will be asked to concentrate on off -desk duties, including collection development; Mike is confident the desk -top self -check models will work fine. • Kelly Stern, Youth Librarian—over 300 people attended the PBS grant kick-off featuring Dan Wardell on January 24; the net books will be ordered -sin to comply with the grant; WPL has partnered with the Y and the Volunteer Center for a Greatest Spring Break activity, which will be a sock hop on March 14; the youth staff has started planning for the summer program. • Carolyn Sallis, CWA—February is Black History Month and activities planned include the craft day held last Saturday where 30 people attended, an author visit with book signing this coming up Saturday, February 18, and a Jeopardy quiz bowl for teens on February 25. • Lori Petersen, Technical Services—Tech Services staff is catching up on cataloging and withdrew over 800 items for the FOL book sale; the RDA Toolkit is here and will be used for a new way of cataloging, making items more searchable and descriptive. • Kim Chapman, Business Office—there has been poor attendance at the Chicks Get Lit book discussions, so it is being planned to end this group after the March meeting. Referred for Board Action • CWA Contract—wages and health insurance offers are the same for each City union's contract. Sheryl reviewed the tentative agreements and reported the Library bargaining unit has ratified the contract. Moved by Erdmann, seconded by Crouse to approve the contract. Motion carried. • Revision to Public Access Computer Policy. Print copies can be made from the computers for 10C per page side for black ink, and 25C per page side for color ink. Change to 50C per page side for color ink—the FOL have proposed changing the rate for color prints from 25C per page side to 50C per page side, but after discussion by the Board, no action was taken. • Revision to Fax Policy. Faxes can be sent and received at the Waterloo Public Library with staff assistance. Long distance sending rates are 50C per page; receiving rates for all faxes are 5C per page. Number of faxes per person is limited to five per day; number of pages per fax limited to 10. Delete Policy, and have self-service fax.—there was discussion including a lot of staff time spent "baby sitting" the current fax machine; with that in mind, a self-service fax machine is proposed. It would be installed and maintained by a company with no cost to WPL and with a no -compete clause. The current fax machine generates revenue of around $2,000 per year for the FOL; a small amount of revenue may come to WPL with the self -serve fax machine after a certain number of faxes are sent through it. Users would use a credit or debit card, or have the option of buying a cash card at a public service desk. Moved by Crouse, seconded by Erdmann to delete the fax policy and install a self -serve fax machine. Motion passed. • Revisions to Circulation Policy. Change Books, Books on Tape, Magazines, Compact Discs, Audio Cassettes, Cassette Book Kits, Playaways from 3 weeks with one -3 week renewal to 3 weeks with two 3 -week renewals. Change Video Cassettes, DVDs from 1 week with 1 week renewal, limit 5 each per card to 1 week with twol-week renewals, limit 10 each per card.—this item was discussed at the January meeting with no action and brought back to the Board at this meeting; however, after discussion today no action was taken. Unfinished Business • L/M Communication—one question raised from "the can" regarded WPL's policy on viewing pornography and how it is defined at WPL. The simple answer is WPL does not define pornography, but rather follows library policies, including the Behavior Policy, the Electronic Intellectual Freedom Policy and the Public Access Computer Policy. FOL Liaison • Karol Erdmann reported the Saturday 6 -hour book sale netted $2,025. She also appeared on KWWL News with reporter Danielle Wagner to advertise the sale. The next meeting is March 12, 2012. Before ending the meeting, it was noted a $450 dividend check will be received from the Charlotte Swanger Estate; the Board voted to cash out the estate when it was first received, which should apply to this and any future dividend checks. Moved by Crouse, seconded by Erdmann to adjourn. Motion carried. The meeting adjourned at 1:03 p.m. MINUTES COMMUNITY DEVELOPMENT BOARD MEETING February 21, 2012 The regular meeting of the Community Development Board was held in the City Council Chambers, 715 Mulberry Street, Waterloo, Iowa, and called to order by Chairman Eric Johnson at 4:30 p.m. on Tuesday, February 21, 2012. Members present: Mickye Johnson, Jeri Thornsberry, Maxine Tisdale and Chairman Eric Johnson. Members absent: Amber Boyd, Gary Rankin and Bob Reisinger. Also present: Rudy Jones, Community Development Director; Nancy Gulick, Community Development Coordinator; Perry Goodman, Neighborhood Services Coordinator; Carolyn Cole and Quentin Hart, Council Liaison; Ann Northey, Administrative Secretary; Patricia King, Eye of the Needle; John Rooff, Developer; and Tim Jamison, Waterloo/Cedar Falls Courier. B. APPROVAL OF THE AGENDA. Chairman Johnson indicated Board packets were mailed and asked for additions or corrections to the proposed agenda. It was moved by Mickye Johnson and seconded by Jeri Thornsberry to approve the Agenda. Motion carried. A. INTRODUCTION OF NEW BOARD MEMBER. Chairman Johnson indicated we have a new member, Ms. Maxine Tisdale, who was appointed by the Mayor and Council on February 20, 2012. Chairman Johnson welcomed Maxine Tisdale to the Board. Maxine Tisdale shared some personal information about her family and noted she retired from John Deere. Ms. Tisdale advised she also served on several other Boards within the community. C. APPROVAL OF THE MINUTES FOR THE REGULAR MEETINGS ON DECEMBER 20, 2011 AND JANUARY 10, 2012, AND THE PUBLIC HEARING ON JANUARY 10, 2012. Chairman Johnson noted because of the early meeting in January, our minutes for December were not available for review. We now have the December 20, 2011 and January 10, 2012 regular Board meeting minutes to approve, along with the minutes of the public hearing on January 10, 2012. It was moved by Jeri Thornsberry and seconded by Mickye Johnson to approve the minutes of the regular meetings on December 20, 2011 and January 10, 2012 and the public hearing minutes of January 10, 2012. Motion carried. Chairman Johnson asked to move ahead to New Busienss, Item E3 on the agenda in order to discuss the Conflict of Interest Policy. The Chairman indicated he would be declaring a conflict of interest on one of the agenda items and asked that the policy be reviewed at this time. Chairman Johnson stated the Code of Conduct document is a policy adopted by our Board, which is similar to the policy adopted by the City. If you have any interest as a family member, employer, agent or any Minutes February 21, 2012 Page 2 partner of an organization that you are employed, you cannot participate in any decisions made concerning the allocation of HUD funding. This is an annual update. Mickye Johnson inquired if there was a form to sign as he has been on other boards and signed a confidentiality statement. Chairman Johnson explained we could do this, however this is required mostly for nonprofit agencies in order to maintain their 5013C status. The Chairman noted that most of the boards he has served on ask members up front to declare any conflict of interest before the meeting begins. Rudy Jones suggested a signature page could be added to this document. Nancy Gulick indicated our intent was to ask each Board member to simply sign the back of the Code of Conduct statement for this fiscal year. We will place this copy in our file and this will confirm that everyone on the Board read and reviewed the statement. Chairman Johnson indicated it would be appropriate to have the Board adopt this Code of Conduct and Board members will sign off at the end of the meeting. It was moved by Maxine Tisdale and seconded by Mickye Johnson to adopt the Code of Conduct policy and obtain Board member signatures for this fiscal year. Motion carried. D. OLD BUSINESS. 1. Single Family Unit Production — Round 1 Update. Rudy Jones explained the original commitment of 22 new construction units for Round 1. Summerland Park built 15 units, which are now complete and sold. Rooff Development had a commitment of seven units. Seven units have been built and six of these units have been sold. One more unit should be closing within the coming weeks, which will bring closure to Round 1. 2. Single Family Unit Production — Round 2 and Round 3 Updates. Rudy Jones indicated on Round 2, Summerland Park had a commitment of 10 units, which have been built and completed. Rooff Development had a commitment of 10 units and they have begun work on three units. Two units are located at the former Lincoln school site and one at the Madison and Monroe site. Rudy Jones noted Round 3 funding for 17 units all went to Iowa Contractors at Summerland Park, however, five of these units would be built at the former Van Eaton school site. John Rooff confirmed that three of the ten homes for Round 2 would be closing next week. He noted two others would be on foundations in March, and three people are working out their loan products. Mickye Johnson inquired about the final due date for Round 3. Rudy Jones indicated the deadline is December 2012 and noted the Summerland crews spread their work out for a full 12 months. Chairman Johnson indicated we would stay on top of these projects to make sure we do not lose any funding. Minutes February 21, 2012 Page 3 3. Single Family Unit Production — Round 4 — Confirm Board poll and submit application to Iowa Economic Development Authority. Chairman Johnson stated we have good news with an additional Round 4 of New Construction funding from the Iowa Economic Development Authority. The Chairman noted Gary Rankin and Mickye Johnson served on a subcommittee to review developer applications and make a recommendation for the use of Round 4 funds. A total of 20 units will be constructed at a maximum unit cost of $150,000. The subcommittee recommendation was presented to the Board via email and was approved unanimously for submission to the City Council for the following developers: 8 units to Skogman Homes, 8 units to Iowa Development Enterprise and 4 units to Black Hawk Contracting. Chairman Johnson indicated he would abstain from voting because the Skogman lots are on property purchased from one of his clients, and he declared this as a possible conflict of interest. Chairman Johnson indicated Board members did approve this recommendation via email. The Chairman reviewed concerns expressed by Bob Reisinger and read aloud a portion of his email response which stated more of the funds should be going toward the East 8th Street/Sycamore project to help those hard to sell areas. Mickye Johnson, a member of the subcommittee, stated at the time of review we had not made sufficient progress with Round 1 and Round 2 funding. We wanted to make sure all houses were built in order to meet the deadlines of Round 4. Mickye Johnson noted as a subcommittee we were looking at who has the capacity to get the job done quickly and meet those deadlines. Considerable discussion continued on the projects being finished by Black Hawk Contracting with progress updates provided by John Rooff. Chairman Johnson asked if there was a change of opinion. Mickye Johnson noted updates were not available at the time of the subcommittee's review. He stated it appears that Mr. Rooff has made significant progress with buyers lined up and noted he could go either way at this point. Rudy Jones explained the application submitted by John Rooff was for the whole amount of funding and noted the challenge is to see what works best. The subcommittee decided if all of the developers were utilized in some capacity we would have a better proposal for the whole community. The Chairman initiated further discussion on changing the number of units proposed for each developer. Rudy Jones stated changes at this point would require major calculations for infrastructure needs on the proposals. Chairman Johnson stated a motion was necessary to approve the subcommittee's recommendation. John Rooff addressed the Board concerning the Francis Grout School, and restated his focus on homes built on the East side. He asked for consideration to build on two more lots to finish the subdivisions he started in these areas. Further discussion was heard on infrastructure needs for various lots and Rudy Jones explained the Minutes February 21, 2012 Page 4 immediate pending timeline to submit our application to the Iowa Economic Development Authority. Jeri Thornsberry stated the subcommittee has worked through these applications and made additional contacts with the developers to bring this proposal together and we should go with their recommendation. Mickye Johnson stated as part of the subcommittee the decisions were made with the information we had at that time and with the short timeline to submit, he would go along with the recommendation, but wanted to note that the additional information this evening would have been helpful in negotiations to move forward. The Chairman stated this will be considered a motion then, moved by Jeri Thornsberry and seconded by Mickye Johnson to accept the recommendation of the subcommittee as proposed: 8 units to Skogman Homes, 8 units to Iowa Development Enterprise and 4 units to Black Hawk Contracting. On roll call: Mickye Johnson, Jeri Thornsberry and Maxine Tisdale voted Aye. Chairman Eric Johnson abstained. The Chairman declared the motion carried. Rudy Jones noted this proposal would be finalized and submitted to the Iowa Economic Development Authority before the February 29, 2012 deadline. Jeri Thomsberry inquired about the deadline to complete Round 4. Rudy Jones stated the deadline is March 2013. 4. Neighborhood Stabilization Program — Round 3 Update. Rudy Jones indicated we acquired a property located at 1013 Lafayette Street and to keep with the character of the neighborhood we solicited bids to rehabilitate that property. A bid tab handout was distributed to the Board today and we will discuss this under New Business. E. NEW BUSINESS: 1. Authorize Award of Rehabilitation Contract for 1013 Lafayette Street. Chairman Johnson indicated bids were received and opened for this project. The cost to rehabilitate the property at 1013 Lafayette Street will exceed our normal rehabilitation amounts. This structure is in an area where we have already put in a lot on money and effort to improve. Staff recommends awarding this contract to the lowest responsible bidder. Bids were received as follows: Brothers Construction Connerley Construction, LLC S. J. Construction Redwood Construction $123,767.00 $119,215.00 $123,562.00 Insufficient Documentation — Bid Rejected It was moved by Mickye Johnson and seconded by Jeri Thornsberry to award the rehabilitation contract for 1013 Lafayette Street to the low bidder, Connerley Construction, LLC of Cedar Rapids, Iowa in the amount of $119,215.00. On roll call: Mickye Johnson, Maxine Tisdale, Jeri Thornsberry and Chairman Eric Johnson voted Aye. Nays: None. The Chairman declared the motion carried. Minutes February 21, 2012 Page 5 2. Endorse Rehabilitation Contracts for January 2012. (Report attached.) Chairman Johnson indicated the January Rehabilitation Contracts report was included in the packet. It was moved by Maxine Tisdale and seconded by Jeri Thornsberry to endorse the rehabilitation contracts for the month of January 2012. Motion Carried. F. DISCUSSION ITEMS. 1. Cedar Valley Coalition — Washington, D.C. Rudy Jones stated this is our annual coalition trip to Washington, D.C. to meet with congressional representatives and their staff to review our local projects. Rudy reviewed a brief power -point presentation developed for presentation on the funding sources utilized to redevelop the Rath Brownfields Neighborhood and surrounding area. The primary sources of funding included Economic Development Initiative funds, CDBG and HOME funds, Section 108 Loan and BEDI Grant funds and Neighborhood Stabilization Program funds. Projects included housing rehabilitation and lead abatement, rental rehabilitation, acquisition and demolition, emergency roofing repairs, new housing construction, street reconstruction and the renovation of Lafayette Park. This comprehensive approach to neighborhood redevelopment created other public and private partnerships in this area. Rudy stated these improvements might spur market rate development in this immediate area. A lot of work has gone into this redevelopment process with the cooperation of the neighborhoods and other sources. 2. National Community Development Week. Rudy Jones indicated National Community Development Week is coming up in April and more details on our activities will be presented in March. The Chairman indicated the block grant public hearing comes up next. F. ADJOURN MEETING. With no further business to come before the Board, the Chairman adjourned the meeting. Respec fully submitted, 1191. '`-,11 Rudy D. J nes, cretary Pro -Tem Minutes February 21, 2012 Page 6 !'.fJteib blwRGi t itlii0apOiFtoRiidG; SIgreci by troth } CDBG rehab program Mark Ditarzajd & Christina; Buck Patrice Buchanan Total Matt 1556 425 Pine St Lie t. Jon 1553 1121 Mulberry St wi r i Imes. Brothers: 1,3/2012 N.igr 1/11/2012 28,&98.00 9,755.00 $38,453.00 Down Payment Assistance Program, SPECIALIST NUMBER ADDRESS REPAIR Lereitg IbN. ibio CONTRACT DATE Total Emergency Repairs Program NAME SPECIALIST NUMBERADDRESS REPAIR Bonnie Lou lbws= Jon 1049 1722 Newell St' ..,fit,. . Jl? pump, pit Donald Sam Mark 1050 79 E. Parker !Of Total CONTRACTOR Arnericsn Vetevsns Plumbing 1 Construction CONTRACT DATE AMOUNT 1/24/2012 1/3/2012 2.381.00 4.000.00 $6,381.00 $5427 ner MINUTES COMMUNITY DEVELOPMENT BOARD PUBLIC HEARING FOR CITIZEN INPUT FY2013 CDBG and HOME PROGRAM February 21, 2012 Chairman Eric Johnson called the public hearing to order at 5:15 p.m. in the City Council Chambers, 715 Mulberry Street, Waterloo, Iowa. Board Members present: Mickye Johnson, Maxine Tisdale, Jeri Thornsberry and Chairman Eric Johnson. Board Members absent: Amber Boyd, Gary Rankin and Bob Reisinger. Also present: Carolyn Cole and Quentin Hart, City Council Liaison; Rudy Jones, Community Development Director; Nancy Gulick, Community Development Coordinator; Ann Northey, Administrative Secretary; Patricia King, Eye of the Needle; Martha Frazier, Eastside Ministerial Alliance; Barb Prather, Northeast Iowa Food Bank; Barb Grant, Operation Threshold; Chuck Rowe and Chris Hurley, Boys & Girls Club; and Tim Jamison, Waterloo/Cedar Falls Courier. A. APPROVAL OF AGENDA It was moved by Mickye Johnson and seconded by Maxine Tisdale to approve the agenda as_mailed. Motion carried. Chairman Johnson indicated this public hearing is to receive citizen input on the Subcommittee Recommendation for CDBG and HOME program funding for the FY2013 Consolidated Plan One -Year Action Plan. The Chairman noted copies of the recommendation were available with the agenda and notices were published in the Courier and the city's website. We will allow for citizen input and then the Board as a whole will make a recommendation to the City Council. The Council will hold a public hearing in April and the final recommendation will then be submitted to HUD. B. RECEIVE AND PLACE ON FILE AFFIDAVIT FOR PROOF OF PUBLICATION FOR NOTICE OF PUBLIC HEARING Chairman Johnson indicated a display ad was published in the Waterloo/Cedar Falls Courier on Sunday, February 5, 2012 announcing the public hearing. Copies of the affidavits were submitted for approval. It was moved by Maxine Tisdale and seconded by Mickye Johnson to approve and place on file the affidavit for the notice published in the Waterloo Courier. Motion carried. Minutes — Public Hearing February 21, 2012 Page 2 C. OPEN PUBLIC HEARING It was moved by Jeri Thornsberry and seconded by Mickye Johnson to open the public hearing. Motion carried. At this time the Chairman opened the hearing for comments. He stated when all comments are received the Board will discuss the projects and adopt a recommendation to submit to the City Council. Patricia King, representing Eye of the Needle, extended her appreciation for past funding and asked if there were any questions concerning her application. There were no questions. Chuck Rowe, Boys and Girls Club, thanked the Board for consideration of their funding request and inquired if there were any questions regarding their application. There were no questions. Chairman Johnson asked for further comments or input from the public. No further comments were received. D. CLOSE PUBLIC HEARING The Chairman called for a motion to close the hearing. It was moved by Jeri Thornsberry and seconded by Maxine Tisdale to close the public hearing. Motion carried. E. MOTION TO AUTHORIZE PUBLICATION OF BUDGET FOR THE 30 -DAY COMMENT PERIOD (MARCH 1-30, 2012) AND SUBMIT RECOMMENDATION TO THE CITY COUNCIL FOR PUBLIC HEARING — APRIL 16, 2012. Chairman Johnson explained we are at the point to authorize this budget for publication for a 30 - day public comment period and then submit the recommendation to the City Council for a public hearing on April 16, 2012. He noted the subcommittee members that assisted staff in reviewing applications were Jeri Thornsberry, Gary Rankin and Bob Reisinger, along with Council Liaison members Quentin Hart and David Jones. Jeri Thornsberry stated it was a tough decision, as there just was not enough money and the Chairman noted there never is. Quentin Hart confirmed the difficult process, as there are always more requests than dollars available. It was moved by Mickye Johnson and seconded by Maxine Tisdale, to approve the subcommittee's recommendation as presented and authorize publication for the 30 -day comment period — March 1-30, 2012, and also submit the Board's recommendation to the City Council for their public hearing on April 16, 2012 as follows: Minutes — Public Hearing February 21, 2012 rage FY2013 CDBG AND HOME PROGRAMS - COMMUNITY DEVELOPMENT BOARD Z .. i 3 iNfi`§` @ le�5„u, M AS; k x,-� z 3 G • 2� u'y`9 E'aNs^,x i !4: .l ` " `.r#?'R4�+i-�+i ? 5.§� mC h� � � g 7� "�.A �.r s '-.X� t ivt a Boys & Girls Clubs of Black Hawk County $ 40,000 The Triple Play Project Clearance and Demolition $ 50,000 Demolition of Vacant Dilapidated Structures Consumer Credit Counseling Services of NE IA $ 10,000 MoneyMap Financial Literacy and Support Emergency Repairs $ 117,000 Emergency Repair for Single Family Homes Eye of the Needle (L.O.F.T.) $ 10,000 Provide Clothing, Basic Needs and Transportation General Program Administration (20% of allocation) $ 225,286 CDBG Administration Neighborhood Services $ 75,000 City Liaison with Neighborhoods Northeast Iowa Center for Independent Living $ 10,000 Operation Accessibility (10 Wheelchair Ramps) Northeast Iowa Food Bank $ 50,000 Food Bank Capital Campaign "Setting the Table of Hope" Year 4 Operation Threshold $ 10,000 Weatherization-Plus Program The Salvation Army $ 5,000 Women and Children Shelter The Salvation Army $ 5,000 Men's Emergency Lodge Rehabilitation Administration $ 164,143 Rehabilitation Project Delivery Costs Single Family Rehabilitation $ 400,000 Owner -Occupied Rehabilitation TOTAL CDBG RECOMMENDATION $1,171,429 iF "tea.. `}.A.� �,a..:'uY, �"',Z ,� .:<`".:d.. �'-?i`4 z.Sa'. ^m.�iJ"p etietY v'@'ki City of Cedar Falls $ 75,000 Annual Allocation - HOME Consortium Eastside Ministerial Alliance $ 20,000 Rehab 421 Independence Avenue Iowa Heartland Habitat for Humanity (CHDO Request) $ 70,137 Affordable Single Family Homes - New Construction Operation Threshold $ 30,000 Tenant Based Rental Assistance Program Single Family Rehabilitation $ 230,688 Owner -Occupied Rehabilitation Administration (10% of allocation) $ 46,758 HOME Administration TOTAL HOME RECOMMENDATION 472,583 x,.. Minutes — Public Hearing February 21, 2012 Page 4 On roll call: Mickye Johnson, Maxine Tisdale, Jeri Thornsberry and Eric Johnson voted Aye. Nays: None. The Chairman declared the motion carried. F. ADJOURN Chairman Johnson thanked everyone for attending and with no further business adjourned the meeting. Respectfully submitted, Rudy D. Jones, Secretary Pro -Tem Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2012-343A RESOLUTION APPROVING PRELIMINARY PETC., IN SPECIFICATIONS, FORM OF CONTRACT, CONJUNTION WITH THE DEMOLITION AND SITE CLEARANCE SERVICES (NO RACM) OF 820 AND 910 SYCAMORE STREETS, AND 1518 WEST 4TH STREET, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS: That the preliminary plans, specifications, form of contract, etc., in conjunction with the demolition and site clearance services, (No RACM) of 820 and 910Sycamore Streets, and 1518 West 4th Street be and are hereby approved. PASSED AND ADOPTED this 16th day of April, 2012. Ernest G. Clark, Mayor ATTEST: Suzy Schares, CMC City Clerk Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. RESOLUTION NO. 2012-260 RESOLUTION APPROVING CONTRACTS, BONDS AND CERTIFICATES OF INSURANCE IN CONJUNCTION WITH THE F.Y. 2012 SULLIVAN PARK SHELTER PROJECT, IN THE AMOUNT OF $51,956.00. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That the Contracts, Bonds and Certificates of Insurance with B & B Builders and Supply of Waterloo, Iowa, in the amount of $51,956.00, in conjunction with the F.Y. 2012 Sullivan Park Shelter Project, described in the plans and specifications heretofore adopted by this Council for said project with Resolution No. 2012-157 after public hearing on February 20, 2012 on published notice required by law, be and is hereby awarded, the same being the apparent lowest bid for said project. PASSED AND ADOPTED this 26th day of March, 2012. Ernest G. Clark, Mayor ATTEST: Suzy Schares, CMC City Clerk Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2012-254 RESOLUTION GRANTING REQUEST OF NEW LIVING HOPE APOSTOLIC CHURCH, 2109 FALLS AVENUE, FOR VARIANCE TO NOISE ORDINANCE, ORDINANCE NO. 3094 WHEREAS, New Living Hope Apostolic Church, 2109 Falls Avenue, is requesting a variance to the Noise Ordinance April 7, 2012 from 3:00 p.m. to 7:00 p.m. in conjunction with the Church Convention Three Year Anniversary event to be held, including a PA system and band, and WHEREAS, said event will exceed the limits of the Noise Ordinance, Ordinance No. 3094, and WHEREAS, said New Living Hope Apostolic Church, 2109 Falls Avenue, has made formal application for a variance April 7, 2012 from 3:00 p.m. to 7:00 p.m., together with recommendation of approval of Director of Safety Services. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the request of New Living Hope Apostolic Church, 2109 Falls Avenue, for a variance to Ordinance No. 3094, Noise Ordinance, April 7, 2012 from 3:00 p.m. to 7:00 p.m. in conjunction with the Church Convention, Three Year Anniversary event, including a PA system and band, be and the same hereby granted. PASSED AND ADOPTED this 26th day of March, 2012. Ernest G. Clark, Mayor ATTEST: Suzy Schares, CMC City Clerk Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2012-258 RESOLUTION APPROVING AGREEMENT WITH SILVER EAGLE HARLEY-DAVIDSON/BUELL OF WATERLOO, IOWA AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Agreement dated March 26, 2012, for the lease of two (2) 2010 Harley-Davidson police motorcycles for a period of twelve months, at a cost of $125.00 per month per motorcycle, plus routine maintenance, by and between Silver Eagle Harley- Davidson/Buell of Waterloo, Iowa and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 26th day of March, 2012. Ernest G. Clark, Mayor ATTEST: Suzy Schares, CMC City Clerk Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA, 50703. RESOLUTION NO. 2012-259 RESOLUTION AUTHORIZING SUBMISSION OF APPLICATION TO BLACK HAWK COUNTY GAMING ASSOCIATION FOR GRANT FUNDING AND DIRECTING EXECUTION OF SAID APPLICATION BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the application for grant funding in the amount of $50,000.00, to be used for the Cedar Valley SportsPlex marketing program, by and between the Black Hawk County Gaming Association and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 26th day of March, 2012. Ernest G. Clark, Mayor ATTEST: Suzy Schares, CMC City Clerk Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2012-320 RESOLUTION APPROVING PRELIMINARY PLANS, SPECIFICATIONS, FORM OF CONTRACT, ETC., IN CONJUNCTION WITH THE 2012 RIVERFRONT STADIUM BOX SEATING PROJECT. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS: That the preliminary plans, specifications, form of contract, etc., in conjunction with the 2012 Riverfront Stadium Box Seating Project, be and are hereby approved. PASSED AND ADOPTED this 9th day of April, 2012. Ernest G. Clark, Mayor ATTEST: Suzy Schares, CMC City Clerk Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2012-318 RESOLUTION APPROVING PRELIMINARY PLANS, SPECIFICATIONS, FORM OF CONTRACT, ETC., IN CONJUNCTION WITH THE FY 2012 ASPHALT OVERLAY PROGRAM, CONTRACT NO. 818. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS: That the preliminary plans, specifications, form of contract, etc., in conjunction with the FY 2012 Asphalt Overlay Program, contract no. 818, be and are hereby approved. PASSED AND ADOPTED this 9th day of April, 2012. Ernest G. Clark, Mayor ATTEST: Suzy Schares, CMC City Clerk Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2012-253 RESOLUTION GRANTING REQUEST OF SCREAMING EAGLE AMERICAN BAR & GRILL, 228 EAST 4TH STREET, FOR VARIANCE TO NOISE ORDINANCE, ORDINANCE NO. 3094. WHEREAS, Screaming Eagle American Bar & Grill, 228 East 4th Street, is requesting a variance to the Noise Ordinance and permission to close a portion of Lafayette Street between 4th and 5th Streets, starting Thursday, April 5, 2012 and each Thursday through November 1, 2012 from 5:00 p.m. to 11:00 p.m. in conjunction with Street Thunder Bike Night event, including a PA system and band, and WHEREAS, said event will exceed the limits of the Noise Ordinance, Ordinance No. 3094, and WHEREAS, said Screaming Eagle American Bar & Grill, 228 East 4th Street, has made formal application for a variance starting Thursday, April 5, 2012 and each Thursday through November 1, 2012 from 5:00 p.m. to 11:00 p.m., together with recommendation of approval of Director of Safety Services. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the request of Screaming Eagle American Bar & Grill, 228 East 4th Street, for a variance to Ordinance No. 3094, Noise Ordinance, and permission to close a portion of Lafayette Street between 4th and 5th Streets, starting Thursday, April 5, 2012 and each Thursday through November 1, 2012 from 5:00 p.m. to 11:00 p.m. in conjunction with Street Thunder Bike Night event, including a PA system and band, be and the same hereby granted. PASSED AND ADOPTED this 26th day of March, 2012. Ernest G. Clark, Mayor ATTEST: Suzy Schares, CMC City Clerk Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2013-927 RESOLUTION CONFIRMING APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, ESTIMATED COST, ETC., IN CONJUNCTION WITH THE NO NAME CREEK INTERCEPTOR SEWER, CONTRACT NO. 849. WHEREAS, the City Council of the City of Waterloo, Iowa, heretofore instructed the Superintendent of Waste Management Services of said City to prepare proposed plans, specifications, form of contract, etc., for the No Name Creek Interceptor Sewer, Contract No. 849, in the City of Waterloo, Iowa, and WHEREAS, said Superintendent of Waste Management Services did file said preliminary plans, specifications, form of contract, etc., for the No Name Creek Interceptor Sewer, Contract No. 849, which were preliminarily approved by Resolution No. 2013-838 on October 14, 2013, and WHEREAS, a public hearing, upon notice, was held on November 12, 2013. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that said proposed plans, specifications, form of contract, etc., for the No Name Creek Interceptor Sewer, Contract No. 849, in the City of Waterloo, Iowa, be, and the same are hereby, approved as filed. PASSED AND ADOPTED this 12th day of November, 2013. Ernest G. Clark, Mayor ATTEST: Suzy Schares, CMC City Clerk Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2013-928 RESOLUTION ORDERING CONSTRUCTION IN CONJUNCTION WITH THE NO NAME CREEK INTERCEPTOR SEWER, CONTRACT NO. 849. WHEREAS, by Resolution No. 2013-927, plans, specifications, form of contract, estimate of cost, etc., in conjunction with the No Name Creek Interceptor Sewer, Contract No. 849, in the City of Waterloo, Iowa, have been approved and adopted by this Council after the public hearing on November 12, 2013 as prescribed by statute. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that it is deemed advisable and necessary and it is so ordered on motion by this Council that the said project proceed in accordance with said plans and specifications. PASSED AND ADOPTED this 12th day of November, 2013. Ernest G. Clark, Mayor ATTEST: Suzy Schares, CMC City Clerk March 19, 2012 The Council of the City of Waterloo, Iowa, met in Regular Session at City Hall Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, March 19, 2012. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart. Moment of Silence. Pledge of Allegiance: Dan Trelka, Director of Safety Services. 137619 - Hart/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, March 19, 2012, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 137620 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, March 12, 2012, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. Mike Messina, MidAmerican Energy, presented a check in the amount of $20,000.00 from MidAmerican Energy for the Trees Please! Program. Mr. Messina announced the "Plant Some Shade" program will be held on May 4, 2012 at Leisure Services and five types of trees will be available for $30.00 each. The Basketball Character Counts Coach of the Year awards were given to: Kelly Martin, Toney Graves, Riley Ubben and Ben Brustkern and Player of the Year to Karissa Bottema and Shannon Jones Jr. CONSENT AGENDA 137621 - Hart/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 Schedule AP642, pp. 1-86, dated March 19, 2012, in the amount of $2,511,042.23, 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. 2012-236. b. Motion to approve the following: 1. 2. 3. 4. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to exceed Aric Schroeder, City Planner 2012 Cedar Valley Coalition Washington, D.C. February 26-29, 2012 $2,375.09 Suzy Schares, City Clerk; Cheryl Huddleston, Human Resources Manager; Nikki Fischels, Clerk II Payroll 2012 Iowa Employment Training & Benefits Conference Altoona, Iowa April 25-26, 2012 $686.49 Michelle Weidner, Chief Financial Officer Economic Development Financing Update Live Audio Conference March 27, 2012 $200.00 Paul Huting, Leisure Services Director; Todd Derifield, City Forester Iowa Park and Recreation Spring Conference Waterloo, Iowa April 1- 4, 2012 $450.00 March 19, 2012 5. 6. 7. 8. 9. 10. Page 2 Chris Dolan, Arena Manager; Joel Schares, Assistant Arena Manager; Jake Schaefer, Recreation Specialist Iowa Park and Recreation Spring Conference Waterloo, Iowa April 3, 2012 $330.00 Mark Gallagher, Sports Manager; Alex Hildman, Recreation Specialist Iowa Park and Recreation Spring Conference Waterloo, Iowa April 1- 4, 2012 $450.00 Bob Etringer, Sports Programmer Iowa Park and Recreation Spring Conference Waterloo, Iowa April 1- 4, 2012 $255.00 JB Bolger, Golf Manager Iowa Park and Recreation Spring Conference Waterloo, Iowa April 1- 4, 2012 $225.00 Matthew Chesmore, Rehabilitation/Rel ocation Specialist Healthy Homes Practitioners Course Moravia, Iowa May 13- 16, 2012 $1,075.00 Steven Sturtz, Permit Writer Permit Technician Exam Des Moines, Iowa April 17, 2012 $180.00 Class C Liquor License Permit Application 11.Tokyo Japenese Steakhouse, Inc., 126 E. Ridgeway Avenue (Renewal) (Expires 2/13/13) (Includes Sunday Sales) Roll call vote -Ayes: Seven. Motion carried. RESOLUTIONS 137622 - Schmitt/Hart that "Resolution approving Transportation Enhancement Agreement with Iowa Department of Transportation for construction of the Lou Henry Hoover Memorial Sculpture Garden covering 80% of total cost of eligible items up to a maximum of $145,000.00 -Submitted by Eric Thorson, PE, City Engineer", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-237. 137623 - Schmitt/Hart that "Resolution approving Supplemental Agreement No. 1 with JDE Engineering in an amount not to exceed $1,900.00 for professional services for F.Y. 2012 Geraldine Road - Phase II, Contract No. 821 (RM -8155(727)-9D-07); and authorize Mayor to execute said document -Submitted by Jeff Bales, Associate Engineer", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-238. 137624 - Schmitt/Hart that "Resolution approving Contract, Bonds and Certificate of Insurance with Croell and Subsidiary of New Hampton, Iowa in the amount of $3,128,212.67 for F.Y. 2012 West Shaulis Road/Ansborough Avenue, Contract No. 784; and authorize Mayor and City Clerk to execute said documents -Submitted by Eric Thorson, PE, City Engineer", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-239. 137625 - Cole/Hart that "Resolution approving Amendment Number 1 to Grant Agreement with Federal Aviation Administration for the Rehabilitation of Runway 12/30 at the Waterloo Regional Airport by removing Runway Friction Equipment (FME) verbage from the grant due to equipment not being purchased; and authorize Mayor and City Clerk to execute said documents- Submitted by Bradley Hagen, Airport Director", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-240. March 19, 2012 137626 - Cole/Hart Page 3 that "Resolution approving recommendation of award of contract to Aspro, Inc. of Waterloo, Iowa in the amount of $89,075.00 for the 2012 Highland Park Basketball & Tennis Court Project -Submitted by Rick Curran, Leisure Services Facilities Manager", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-241. 137627 - Cole/Hart that "Resolution approving recommendation of award of contract to B & B Builders & Supply of Waterloo, Iowa in the amount of $51,956.00 for the 2012 Sullivan Park Shelter Project -Submitted by Rick Curran, Leisure Services Facilities Manager", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-242. 137628 - Hart/Welper that "Resolution approving recommendation of award of contract to The Louis Berger Group, Inc. of Marion, Iowa in the amount of $56,248.00 for Downtown Historic Survey Services in connection with Public Assistance (PA) Demolition Activities of the Hazard Mitigation Grant Program (HMGP) Property Acquisition Project -Submitted by Aric Schroeder, City Planner", be adopted. Roll call vote - Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-243. 137629 - Hart/Welper that "Resolution approving an agreement in the acceptance of a Black Hawk County Gaming Association Grant in the amount of $55,000.00 to be used in funding marketing at the Public Market, with a cash match of $11,605.00; and authorize Mayor to execute said document -Submitted by Mark Rice, Public Works Director", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-244. 137630 - Hart/Welper that "Resolution approving Memorandum of Understanding with Iowa Northland Regional Council of Governments (INRCOG) and the Black Hawk County Board of Supervisors in an in-kind match amount of $3,913.50 for grant writing services for development of a Multi -Jurisdictional Hazard Mitigation Plan for the County and participating City entities; and authorize Mayor and City Clerk to execute said document -Submitted by Aric Schroeder, City Planner", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-245. 137631 - Hart/Welper that "Resolution setting date of hearing as April 9, 2012 to approve request of Croell Readi Mix Inc. for a site plan amendment to the "M -2,P" Planned Industrial District for property generally located at 4802 Sergeant Road for the purpose of constructing a temporary redi-mix batch plant on the property for a period of 24 months; and instruct City Clerk to publish notice -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-246. OTHER COUNCIL BUSINESS 137632 - Hart/Welper to instruct Superintendent of Waste Management Services to prepare plans, specifications, form of contract, etc. in conjunction with UV Disinfection Project, Contract No. 817, be approved. Voice vote -Ayes: Seven. Motion carried. 137633 - Hart/Welper that plans, specifications, form of contract, etc. in conjunction with UV Disinfection Project, Contract No. 817, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. March 19, 2012 Page 4 137634 - Hart/Welper that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with UV Disinfection Project, Contract No. 817", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-247. 137635 - Hart/Welper that "Resolution setting date of hearing and bid opening as April 23, 2012 and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. in conjunction with UV Disinfection Project, Contract No. 817", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-248. 137636 - Hart/Welper to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2012 Street Reconstruction Program, Contract No. 819, be approved. Voice vote -Ayes: Seven. Motion carried. 137637 - Hart/Welper that plans, specifications, form of contract, etc. in conjunction with F.Y. 2012 Street Reconstruction Program, Contract No. 819, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 137638 - Hart/Welper that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with F.Y. 2012 Street Reconstruction Program, Contract No. 819", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-249. 137639 - Hart/Welper that "Resolution setting date of hearing and bid opening as April 2, 2012 and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. in conjunction with F.Y. 2012 Street Reconstruction Program, Contract No. 819", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-250. ORAL PRESENTATIONS None 137640 - Getty/Hart that the council adjourn to Executive Session at 5:46 p.m. Roll call vote -Ayes: Seven. Motion carried. City Attorney Jim Walsh stated that discussion of acquisition of property is an approved topic of Executive Session pursuant to Iowa Code Section 21.5 (1) (j) (2011) . EXECUTIVE SESSION 137641 - Hart/Welper that the council adjourn Executive Session at 6:08 Seven. Motion carried. Hart/Welper Ayes: Seven. ADJOURNMENT 137642 - Hart/Welper that the Council adjourn at 6:08 p.m. Voice vote -Ayes: Seven. Motion carried. p.m. Voice vote -Ayes: Suzy Schares City Clerk CITY OF WAI ERLOO Council Communication City Council Meeting: March 26, 2012 Prepared: March 20, 2012 Dept. Head Signature: PH # of Attachments: SUBJECT: 2012 HIGHLAND PARK BASKETBALL & TENNIS COURT PROJECT Submitted by: Rick Curran, Facilities Manager, Leisure Services Recommended City Council Action: Request Council adopt resolution transmitting Contracts, Bonds and Certificates of Insurance from ASPRO, INC., Waterloo Iowa for the 2012 HIGHLAND PARK BASKETBALL 6z. TENNIS COURT PROTECT, and approve and authorize the Mayor to sign Contract between City of Waterloo & Aspro, Inc. Summary Statement: This project is to construct a basketball and tennis court at Highland Park, North of Vine Street and West of Dietrick Street, Waterloo Iowa. Expenditure Required: $89,075.00 Source of Funds: Project cost will be funded by a combination of Waterloo G.O. Bond Fund, Leisure Services Tennis Improvement ($40,750.33) and Leisure Services -Park Improvement (remainder). Policy Issue: NA Alternative: NA Background Information: Highland Neighborhood Association requesting new Basketball and Tennis Courts. Old courts were removed in 2007 due to unsafe surfaces. Council awarded Project March 19, 2012. Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 Submitted by: Aric Schroeder, City Planner CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: March 26, 2012 Prepared: March 21, 2012 Dept. Head Signature: 41. # of Attachments: 10 SUBJECT: Lease Agreement — property located on Riverside Drive just west of 903 Riverside Drive — Janet Kendall -Post. CAROLYN COLE Recommended City Council Action: Approval Ward 2 HAROLD Summary Statement: Transmitted herewith is the request that the City approve a GETTY lease agreement with Janet Kendall -Post for property located on Riverside Drive Ward3 just west of 903 Riverside Drive. Janet Kendall -Post is the owner of 903 Riverside Drive, which is abutting the land to be leased from the City, which was acquired QUENTIN through the Hazard Mitigation Grant Program (HMGP) Property Acquisition HART Ward4 Project (flood buyout). RON WELPER Ward 5 Therefore, staff would request that the City Council approve the lease agreement with Janet Kendall -Post, to use and occupy the land in question. BOB Expenditure Required: None. GREENWOOD At -Large Source of Funds: N/A STEVE SCHMITT Policy Issue: Property Management At -Large Alternative: Background Information: The property in question is deed restricted and must be owned and maintained by the City of Waterloo as green space. The City of Waterloo is allowed to lease buyout property, as long as the terms of the lease are not in conflict with the deed restrictions. The proposed lease indicates a requirement that the lessee shall not use the property in any manner that is contrary to the deed restrictions, and a copy of the deed restrictions have been added as an exhibit to the lease. The lease is proposed at a rate of $1.00 per year, and the initial term of the lease is until December 31, 2012. It is anticipated that if both parties are in agreement, future renewal periods could have longer terms. Lease of the CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer 111 property will allow the applicant to use the area as an extension of their existing yard, and requires that the lessee be responsible for all maintenance, including mowing the grass and snow removal. Because of the deed restrictions the property is unbuildable, and leasing it will avoid the City from having to pay to do mowing and snow removal. Legal Description: See attached Exhibit "A". cc: Noel Anderson, Community Planning & Development Director file— Lease of City Property West of 903 Riverside Drive LEASE AGREEMENT for CITY -OWNED PROPERTY This Lease Agreement (the "Agreement") is made and entered into this day of , 2012, by and between the Ci of Waterloo, Iowa (hereinafter referred to as "City"), and SAVET kEAIMW_(sr - (hereinafter referred to as "Lessee"). 1. The City agrees to allow the Lessee to use and occupy City property (the "Property") located on Riverside Drive just west of 903 Riverside Drive ("Lessee's Property"). The Property is known as assessor parcel nos 891315451006, 891315451007, and part of 891315451009 and legally described in Exhibit "A" attached hereto and made a part hereof by this reference. Lessee shall use the Property only for activities incidental and customarily accessory to the use of their abutting residential property and as further allowed per the description in paragraph 4 below, and shall not use the Property for any other purpose whatsoever. 2. The City agrees to allow Lessee to use and occupy the Property for a term commencing on the day of , 2012, and terminating on the 31st day of December , 2012. The City agrees to lease the Property to the Lessee for the sum of $1.00 per year, payable in advance upon commencement of the lease term. 3. The City may terminate this Agreement, as to any part or all of the Property, upon thirty (30) days' written notice for any reason. Lessee may terminate this Agreement, in whole but not in part, upon thirty (30) days' written notice to the Waterloo Community Planning and Development Department (the "Department"). Upon termination of this Agreement for any reason, any improvements made to or upon the Property shall, unless removed by Lessee before the termination date, become the sole property of City, to be used, sold, destroyed or otherwise handled by City at its sole discretion. 4. Lessee agrees to maintain the Property, including but not limited to all required mowing and snow removal on the public sidewalk adjoining the Property along Riverside Drive. This will include reseeding and fertilizing when necessary. Lessee agrees to maintain the Property as a grass area only with any reseeding to be done with bluegrass grass seed only, or other seed approved in advance by the Department. Lessee may establish and maintain a garden on the Property in accordance with plans approved in advance by the Department, and may use the Property for private (non-commercial) recreational purposes, including but not limited to activities such as private recreational fires that meet the requirements of city ordinances, picnics, camping, etc. 5. The Property was acquired by the City through a Hazard Mitigation Grant Program (HMGP) with the Federal Emergency Management Agency (IFMA) and Iowa Homeland Security & Emergency Management Division (IHSEMD). As required by the HMGP, deed restrictions limit the use and maintenance of the Property. A copy of said deed 1 restrictions are attached as Exhibit "B" hereto and made a part hereof by this reference. Lessee shall not use the Property in any manner that is contrary to said deed restrictions. The Lessee shall not construct, place, or allow to be placed any buildings or structures except any incidental park -type structures that are individually and specifically approved in writing, in advance, by the Department. 6. In consideration of the rights and privileges granted to Lessee under this Agreement, Lessee hereby agrees to indemnify and hold the City harmless for any and all liability, claims, demands, actions, causes of action, and/or damages whatsoever, including but not limited to reasonable attorneys' fees, to any person or property which may arise out of or are in any way connected, whether directly or indirectly, with use of the Property by Lessee, its employees, agents or invitees, in any manner, and shall further indemnify the City for any damage to the Property caused by Lessee, its employees, agents or invitees. 7. Lessee shall, at its own expense, procure and maintain insurance in the minimum amount of $500,000 per occurrence, covering liability arising from the acts or omissions of Lessee, its employees, agents and invitees, and shall protect the City against such claims, damages, costs or expenses, including but not limited to reasonable attorneys' fees, on account of injury to any person or persons, or to the property of same, by reason of such casualty, accident or other occurrence on or about the Property during the term of this Agreement. Proof of insurance shall be delivered to City no later April 1, 2012, and for every year that the Agreement is renewed Lessee shall provide proof of continuing coverage before expiration of the policy. The City shall provide no insurance for the specific benefit of the property or activities of the Lessee, its agents, employees or invitees. 8. In the event any other person acquires a right of ingress and egress across the Property with prior written consent of the City, Lessee agrees to be responsible for any additional maintenance which may be necessary, at no cost to the City. 9. Lessee shall comply with all applicable environmental laws concerning application, storage and handling of chemicals (including, without limitation, herbicides and insecticides) and fertilizers. Lessee shall apply any chemicals used for weed or insect control at levels not to exceed the manufacturer's recommendation for the soil types involved. Chemicals may not be stored on the Property. Chemicals used on the Property shall be stored in clearly marked, tightly closed containers. No chemicals or chemical containers will be disposed of on the Property. Application of chemicals for lawn or garden purposes per manufacturer's recommendation shall not be construed to constitute disposal. Lessee shall immediately notify City of any chemical discharge, leak, or spill which occurs on the Property. Lessee shall employ all means appropriate to insure that contamination does not occur, and shall be responsible to follow all applicator's licensing requirements. Lessee shall properly post all fields (when posting is required) whenever chemicals are applied. Lessee shall not dispose of any substances, including but not limited to waste oil, tires, batteries, paint, other chemicals or containers, anywhere on the Property. Solid waste may 2 not be disposed of on the Property. No underground storage tanks shall be placed or maintained on the Property. After termination, Lessee shall remain liable for violations which occurred during the term of this Agreement. 10. The City may enter the Property at any reasonable time for the purpose of consulting with Lessee, viewing the Property, making improvements, or for other reasonable purposes that do not interfere with Lessee's ability to use the Property as provided herein. 11. Lessee shall not lease or sublet any part of the Property nor assign this Agreement to any other person without the prior written permission of the City. This Agreement is personal to Lessee, shall automatically terminate upon any voluntary or involuntary transfer of title to the Lessee's Property, and shall not transfer to any subsequent transferee of Lessee's Property, provided that a transferee shall have a right of first refusal to lease the Property from City, should City desire to lease the Property. 12. Lessee agrees that on termination of the Agreement, Lessee will yield possession of the Property to City without further demand or notice, in as good order and condition as at the beginning of the term of this Agreement. Loss or damage by forces beyond Lessee's control and ordinary wear and tear are excepted. 13. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between City and Lessee nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 14. If Lessee fails to observe any term or condition of this Agreement, it shall be in default of this Agreement, and City may then exercise any and all legal remedies available under applicable law. In the event of default Lessee shall be liable for any and all damage or loss suffered or incurred by City, including but not limited to reasonable attorneys' fees and expenses incurred in connection with the exercise of any right or remedy by City. 15. Any notice under this Agreement shall be in writing and shall be delivered in person or by United States certified mail, postage prepaid, and addressed to the other party at its last known address. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, or (ii) three (3) business days following the date of deposit if mailed by United States certified mail, postage prepaid. 16. This Agreement contains the entire Agreement between the parties. None of the covenants, provisions, terms of conditions of this Agreement will be in any manner modified, waived, or abandoned, except by written instrument duly signed by both parties. This Agreement is binding upon and shall inure to the benefit of the parties and their respective heirs, personal representatives, successors and assigns. 3 IN WITNESS WHEREOF, the parties have executed this Lease Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO By: Mayor Attest: City Clerk CITY'S ACKNOWLEDGMENT: LESSEE By: STA Ib OF IOWA, BLACK HAWK COUNTY, SS: On this day of , 2012, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared and to me personally known, who, before by me duly sworn, did say that they are the MAYOR and CITY CLERK, respectively, of said City executing the within and foregoing instrument to which this is attached, that the seal affixed thereto is the seal of said City; that said instrument was signed and sealed on behalf of said City by authority of its City Council; and that the said MAYOR and CITY CLERK, acknowledged the execution of said instrument to be the voluntary act and deed of said City, by it and by them voluntarily executed. Notary Public LESSEE'S ACKNOWLEDGMENT STAlh OF IOWA, BLACK HAWK COUNTY, SS: i Acknowledged bore me on /IY\dfai di' 4 2012, by ) 4er--- Notary Public EXHIBIT "A" LEGAL DESCRIPTION Lots Nos. 1 and 2 in Block No. 7 in Division "A", Cedar River Park, Waterloo, Iowa; And A part of Division "C" in Cedar River Park in Waterloo, Iowa, described as follows, to -wit: Commencing at the Northeast corner of Lot No. 1 in Block No. 7 in Division "A" in Cedar River Park, Waterloo, Iowa, thence running North along an extension of the. East line of said Lot No. 1 to its intersection with a Westerly extension of the North line of Lot No. 4 in Block 36 in Auditor Rainbows Cedar River Park Plat No. 2; thence running Westerly along the extension of the North line of Lot No. 4 in said Block 36 approximately 80 feet to its intersection with a Northerly extension of the West line of Lot No. 2 in said Block No. 7; thence Southerly along said extension of the West line of said Lot No. 2 to the Northwest corner of said Lot No. 2; thence Easterly along the Northerly lines of Lots Nos. 2 and 1 in said Block No. 7 to place of beginning. 5 EXHIBIT "B" Deed Restriction Addendum Hazard Mitigation Assistance (HMA) Program In reference to the property or properties ("Property") conveyed by the Deed between the property owners indicated below who are participating in the federally -assisted acquisition project ("the Grantor") and the City of Waterloo, Iowa ("the Grantee"), its successors and assigns: ' WHEREAS, The Robert T. Stafford Disaster Relief and Emergency Assistance Act, ("The Stafford Act"), 42 U.S.C. § 5121 et seq., identifies the use of disaster relief funds under § 5170c, Hazard Mitigation_ Grant Program ("HMGP"), including the acquisition and relocation of structures in the floodplain; and WHEREAS, the mitigation grant program provides a process for a local government, through the State, to apply for federal funds for mitigation assistance to acquire interests in property, including the purehase of structures in the floodplain, to demolish and/or remove the structures, and to maintain the use of the Property as open space in perpetuity; and WHEREAS, the State of Iowa has applied for and been awarded such funding from the Department of Homeland Security, Federal Emergency Management Agency ("FEMA") and has entered into a mitigation grant program Grant Agreement dated June 6, 2008, with FEMA and herein incorporated by reference; making it a mitigation grant program grantee; and WHEREAS, the Property is located in the City of Waterloo, Iowa, and the City of Waterloo, Iowa, participates in the National Flood Insurance Program ("NFIP") and is in good standing with NFIP as of the date of the Deed; and WHEREAS, the 'pity of Waterloo, Iowa, has applied for and been awarded federal funds pursuant to an agreement with the State of Iowa dated August 11, 2009 ("State -Local Agreement"), and herein incorporated by reference, making it a mitigation grant program subgrantee; and • WHEREAS, the terms of the mitigation grant program statutory authorities, Federal program requirements consistent with 44 C.F.R. Part 80, the Grant Agreement, and the State -local Agreement require that the Grantee agree to conditions that restrict the use of the land to open space in perpetuity in order to protect and preserve natural floodplain values; NOW, THEREFORE, the grant is made subject to the following terms and conditions: 1. Terms. Pursuant to the terms of the HMG program statutory authorities, Federal program requirements conistent with 44 C.F.R. Part 80, the Grant Agreement, and the State -local Agreement, the following conditions and restrictions shall apply in perpetuity to the Property described in the attached deed and acquired by the Grantee pursuant to FEMA program requirements concerning the acquisition of property for open space: a. Compatible uses. The Property shall be dedicated and maintained in perpetuity as open space for the conservation of natural floodplain functions. Such uses may include: parks for outdoor recreational activities; wetlands management; nature reserves; cultivation; grazing; camping (except where adequate warning time is not available to allow evacuation); unimproved, unpaved parking lots; buffer zones; and other uses consistent with FEMA guidance for open space acquisition, Hazard Mitigation Assistance, Requirements for Property Acquisition and Relocation for Open Space. b. Structures. No new structures or improvements shall be erected on the Property other than: i. A public facility that is open on all sides and functionally related to a designated open space or recreational use; ii. A public rest room; or • iii. A structure that is compatible with open space and conserves the natural function of the floodplain, including the uses described in Paragraph 1.a., above, and approved by the FEMA Administrator in writing before construction of the structure begins. Any improvements on the Property shall be in accordance with proper floodplain management policies and practices. Structures built on the Property according to paragraph b. of this section shall be floodproofed or elevated to at least the base flood level plus 1 foot of freeboard, or greater, if required by FEMA, or if required by any State, Tribal, or local ordinance, and in accordance with criteria established by the FEMA Administrator. c. Disaster Assistance and Flood Insurance. No Federal entity or source may provide disaster assistance for any purpose with respect to the Property, nor may any application for such assistance be made to any Federal entity or source. The Property is not eligible for coverage under the NFIP for damage to structures on the property occurring after the date of the property settlement, except for pre-existing structures being relocated off the property as a result of the project. d. Transfer. the Grantee, including successors in interest, shall convey any interest in the Property only if the FEMA Regional Administrator, through the State, gives prior written approval of the transferee in accordance with this paragraph. i. The req{u.est by the Grantee, through the State, to the FEMA Regional Administrator must include a signed statement from the proposed transferee that it acknowledges and agrees to be bound by the terms of this section, and documentation of its status as a qualified conservation organization if applicable. ii. The Grantee may convey a property interest only to a public entity or to a qualified conservation organization. However, the Grantee may convey an easement or lease to a private individual or entity for purposes compatible with the uses described in paragraph (a), of this section, with the prior approval of the FNMA Regional Administrator, and so long as the conveyance does'not include authority to control and enforce the tennis and conditions of this section. 2 iii. If titleito the Property is transferred to a public entity other than one with a conservation mission, it must be conveyed subject to a conservation easement that shall be recorded with the deed and shall incorporate all terms and conditions set forth in this section, including the easement holder's responsibility to enforce the easement. This shall be accomplished byone of the following means: a) Th.' Grantee shall convey, in accordance with this paragraph, a conservation easement to an entity other than the title holder, which shall be recorded with the deed, or b) At the time of title transfer, the Grantee shall retain such conservation easement, and record it with the deed. iv. Conveyance of any property interest must reference and incorporate the original deed restrictions providing notice of the conditions in this section and must incorporate a provision for the property interest to revert to the State, Tribe, or local government in the event that the transferee ceases'to exist or loses its eligible status under this section. 2. Inspection. P.,EMA, its representatives and assigns including the State or Tribe shall have the right to enter upon the Property, at reasonable times and with reasonable notice, for the purpose of inspecting the7Property to ensure compliance with the terms of this part, the Property conveyance and 6f the grant award. 3. Monitoring and Reporting. Every three years after the date this deed is recorded, the Grantee (mitigation grant program subgrantee), in coordination with any current successor in interest, shall submit through the State to the FEMA Regional Administrator a report certifying that the Grantee has inspected the Property within the month preceding the report, and that the Property continues to be maintained consistent with the provisions of 44 C.F.R. Part 80, the property conveyance, and the grant award. 4. Enforcement. The Grantee (mitigation grant program subgrantee), the State, FEMA, and their respective repres'entatives, successors and assigns, are responsible for taking measures to bring the Property back into compliance if the Property is not maintained according to the terms of 44 C.F.R. Part 80, the property conveyance, and the grant award. The relative rights and responsibilities of FEMA, the State, the Grantee, and subsequent holders of the property interest at the time of enforcement, shall include the following: a. The Statei`will notify the Grantee and any current holder of the property interest in writing and advise them that they have 60 days to correct the violation. i. If the Grantee or any current holder of the property interest fails to demonstrate a good faith effort to come into compliance with the terms of the grant within the 60 -day period, the State shall enforce the terms of the grant by taking any measures it deems appropriate, including but not limited td bringing an action at law or in equity in a court of competent jurisdiction. ii. FEMA1 its representatives, and assignees may enforce the terms of the grant by taking any measures it deems appropriate, including but not limited to 1 or more of the following: 3 a) Withholding FEMA mitigation awards or assistance from the State or Tribe, and Grantee; and current holder of the property interest. b) Requiring transfer of title. The Grantee or the current holder of the property interest shall bear the costs of bringing the Property back into compliance with the terms of the grant; or c) Bringing an action at law or in equity in a court of competent jurisdiction against any or all of the following parties: the State, the Tribe, the local community, and their respective successors. 5. Amendment. This agreement may be amended upon signatures of FEMA, the State, and the Grantee only to the extent that such amendment does not affect the fundamental and statutory purposes underlying the agreement. 6. Severability. Should any provision of this grant or the application thereof to any person or circumstance be found to be invalid or unenforceable, the rest and remainder of the provisions of this grant and their application shall not be affected and shall remain valid and enforceable. GRANTORS GRANTEE City of Waterloo, Iowa Sandra A. Schipprer By: Paul H. Schipper 4 Title: y Ato Mayor BUCK CLARK COUNCIL MEMBERS ••••••••••••••••••• DAVID JONES Ward 1 CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: March 26, 2012 Prepared: March 21. 2012 Dept. Head Signature: # of Attachments: / SUBJECT: Lease Agreement — property located on Riverside Drive just east of 727 Riverside Drive — George A. Ryan and Loretta R. Ryan. Submitted by: Aric Schroeder, City Planner CAROLYN COLE Recommended City Council Action: Approval Ward 2 HAROLD Summary Statement: Transmitted herewith is the request that the City approve a GETTY lease agreement with George A. Ryan and Loretta R. Ryan for property located on Ward3 Riverside Drive just east of 727 Riverside Drive. Ryan's are the owners of 727 Riverside Drive, which is abutting the land to be leased from the City, which was QUENTIN acquired through the Hazard Mitigation Grant Program (HMGP) Property HART Ward 4 Acquisition Project (flood buyout). RON Therefore, staff would request that the City Council approve the lease agreement WELPER with George A. Ryan and Loretta R. Ryan, to use and occupy the land in question. Ward 5 BOB Expenditure Required: None. GREENWOOD At -Large Source of Funds: N/A STEVE SCHMITT Policy Issue: Property Management At -Large Alternative: Background Information: The property in question is deed restricted and must be owned and maintained by the City of Waterloo as green space. The City of Waterloo is allowed to lease buyout property, as long as the terms of the lease are not in conflict with the deed restrictions. The proposed lease indicates a requirement that the lessee shall not use the property in any manner that is contrary to the deed restrictions, and a copy of the deed restrictions have been added as an exhibit to the lease. The lease is proposed at a rate of $1.00 per year, and the initial term of the lease is until December 31, 2012. It is anticipated that if both parties are in agreement, future renewal periods could have longer terms. Lease of the CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer property will allow the applicant to use the area as an extension of their existing yard, and requires that the lessee be responsible for all maintenance, including mowing the grass and snow removal. Because of the deed restrictions the property is unbuildable, and leasing it will avoid the City from having to pay to do mowing and snow removal. Legal Description: See attached Exhibit "A". cc: Noel Anderson, Community Planning & Development Director --file— Lease of City Property East of 727 Riverside Drive LEASE AGREEMENT for CITY -OWNED PROPERTY This Lease Agreement (the "Agreement") is made and entered into this day of , 2012, by and between the City of Waterloo, Iowa (hereinafter referred to as "City"), and 6. c,vrte, 4. Ry y L pf 'erY4iu' (hereinafter referred to as "Lessee"). 1. The City agrees to allow the Lessee to use and occupy City property (the "Property") located on Riverside Drive just east of 727 Riverside Drive ("Lessee's Property"). The Property is known as assessor parcel nos. 891315451008 and part of 891315451009 and legally described in Exhibit "A" attached hereto and made a part hereof by this reference. Lessee shall use the Property only for activities incidental and customarily accessory to the use of their abutting residential property and as further allowed per the description in paragraph 4 below, and shall not use the Property for any other purpose whatsoever. 2. The City agrees to allow Lessee to use and occupy the Property for a term commencing on the day of , 2012, and terminating on the 31st day of December , 2012. The City agrees to lease the Property to the Lessee for the sum of 51.00 per year, payable in advance upon commencement of the lease term. 3. The City may terminate this Agreement, as to any part or all of the Property, upon thirty (30) days' written notice for any reason. Lessee may terminate this Agreement, in whole but not in part, upon thirty (30) days' written notice to the Waterloo Community Planning and Development Department (the "Department"). Upon termination of this Agreement for any reason, any improvements made to or upon the Property shall, unless removed by Lessee before the termination date, become the sole property of City, to be used, sold, destroyed or otherwise handled by City at its sole discretion. 4. Lessee agrees to maintain the Property, including but not limited to all required mowing and snow removal on the public sidewalk adjoining the Property along Riverside Drive. This will include reseeding and fertilizing when necessary. Lessee agrees to maintain the Property as a grass area only with any reseeding to be done with bluegrass grass seed only, or other seed approved in advance by the Department. Lessee may establish and maintain a garden on the Property in accordance with plans approved in advance by the Department, and may use the Property for private (non-commercial) recreational purposes, including but not limited to activities such as private recreational fires that meet the requirements of city ordinances, picnics, camping, etc. 5. The Property was acquired by the City through a Hazard Mitigation Grant Program (HMGP) with the Federal Emergency Management Agency (FEMA) and Iowa Homeland Security & Emergency Management Division (IHSEMD). As required by the HMGP, deed restrictions limit the use and maintenance of the Property. A copy of said deed restrictions are attached as Exhibit "B" hereto and made a part hereof by this reference. 1 Lessee shall not use the Property in any manner that is contrary to said deed restrictions. The Lessee shall not construct, place, or allow to be placed any buildings or structures except any incidental park -type structures that are individually and specifically approved in writing, in advance, by the Department. 6. In consideration of the rights and privileges granted to Lessee under this Agreement, Lessee hereby agrees to indemnify and hold the City harmless for any and all liability, claims, demands, actions, causes of action, and/ or damages whatsoever, including but not limited to reasonable attorneys' fees, to any person or property which may arise out of or are in any way connected, whether directly or indirectly, with use of the Property by Lessee, its employees, agents or invitees, in any manner, and shall further indemnify the City for any damage to the Property caused by Lessee, its employees, agents or invitees. 7. Lessee shall, at its own expense, procure and maintain insurance in the minimum amount of $500,000 per occurrence, covering liability arising from the acts or omissions of Lessee, its employees, agents and invitees, and shall protect the City against such claims, damages, costs or expenses, including but not limited to reasonable attorneys' fees, on account of injury to any person or persons, or to the property of same, by reason of such casualty, accident or other occurrence on or about the Property during the temi of this Agreement. Proof of insurance shall be delivered to City no later April 1, 2012, and for every year that the Agreement is renewed Lessee shall provide proof of continuing coverage before expiration of the policy. The City shall provide no insurance for the specific benefit of the property or activities of the Lessee, its agents, employees or invitees. 8. In the event any other person acquires a right of ingress and egress across the Property with prior written consent of the City, Lessee agrees to be responsible for any additional maintenance which may be necessary, at no cost to the City. 9. Lessee shall comply with all applicable environmental laws concerning application, storage and handling of chemicals (including, without limitation, herbicides and insecticides) and fertilizers. Lessee shall apply any chemicals used for weed or insect control at levels not to exceed the manufacturer's recommendation for the soil types involved. Chemicals may not be stored on the Property. Chemicals used on the Property shall be stored in clearly marked, tightly closed containers. No chemicals or chemical containers will be disposed of on the Property. Application of chemicals for lawn or garden purposes per manufacturer's recommendation shall not be construed to constitute disposal. Lessee shall immediately notify City of any chemical discharge, leak, or spill which occurs on the Property. Lessee shall employ all means appropriate to insure that contamination does not occur, and shall be responsible to follow all applicator's licensing requirements. Lessee shall properly post all fields (when posting is required) whenever chemicals are applied. Lessee shall not dispose of any substances, including but not limited to waste oil, tires, batteries, paint, other chemicals or containers, anywhere on the Property. Solid waste may 2 not be disposed of on the Property. No underground storage tanks shall be placed or maintained on the Property. After termination, Lessee shall remain liable for violations which occurred during the term of this Agreement. 10. The City may enter the Property at any reasonable time for the purpose of consulting with Lessee, viewing the Property, making improvements, or for other reasonable purposes that do not interfere with Lessee's ability to use the Property as provided herein. 11. Lessee shall not lease or sublet any part of the Property nor assign this Agreement to any other person without the prior written permission of the City. This Agreement is personal to Lessee, shall automatically terminate upon any voluntary or involuntary transfer of title to the Lessee's Property, and shall not transfer to any subsequent transferee of Lessee's Property, provided that a transferee shall have a right of first refusal to lease the Property from City, should City desire to lease the Property. 12. Lessee agrees that on termination of the Agreement, Lessee will yield possession of the Property to City without further demand or notice, in as good order and condition as at the beginning of the term of this Agreement. Loss or damage by forces beyond Lessee's control and ordinary wear and tear are excepted. 13. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between City and Lessee nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 14. If Lessee fails to observe any term or condition of this Agreement, it shall be in default of this Agreement, and City may then exercise any and all legal remedies available under applicable law. In the event of default Lessee shall be liable for any and all damage or loss suffered or incurred by City, including but not limited to reasonable attorneys' fees and expenses incurred in connection with the exercise of any right or remedy by City. 15. Any notice under this Agreement shall be in writing and shall be delivered in person or by United States certified mail, postage prepaid, and addressed to the other party at its last known address. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, or (ii) three (3) business days following the date of deposit if mailed by United States certified mail, postage prepaid. 16. This Agreement contains the entire Agreement between the parties. None of the covenants, provisions, terms of conditions of this Agreement will be in any manner modified, waived, or abandoned, except by written instrument duly signed by both parties. This Agreement is binding upon and shall inure to the benefit of the parties and their respective heirs, personal representatives, successors and assigns. 3 IN WITNESS WHEREOF, the parties have executed this Lease Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO LESSEE By:4evli By: Mayor Attest: City Clerk CITY'S ACKNOWLEDGMENT: By: e. STATE OF IOWA, BLACK HAWK COUNTY, SS: On this day of , 2012, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared and to me personally known, who, before by me duly sworn, did say that they are the MAYOR and CITY CLERK, respectively, of said City executing the within and foregoing instrument to which this is attached, that the seal affixed thereto is the seal of said City; that said instrument was signed and sealed on behalf of said City by authority of its City Council; and that the said MAYOR and CITY CLERK, acknowledged the execution of said instrument to be the voluntary act and deed of said City, by it and by them voluntarily executed. LESSEE'S ACKNOWLEDGMENT STATE OF IOWA, BLACK HAWK COUNTY, SS: Ac eo 1_0 0\ wledged before me o•AN 4 Notary Public iYAare_41 I P§0,66-6 Notary Public 2012, by EXHIBIT "A" LEGAL DESCRIPTION Lots Nos. 3 and 4 in Block No. 7 in Division "A", Cedar River Park, Waterloo, Iowa; And A part of Division "C" in Cedar River Park in Waterloo, Iowa, described as follows, to -wit: Commencing at the Northwest corner of Lot No. 4 in Block No. 7 in Division "A" in Cedar River Park, Waterloo, Iowa, thence running North along an extension of the West line of said Lot No. 4 to its intersection with a Westerly extension of the North line of Lot No. 4 in Block 36 in Auditor Rainbows Cedar River Park Plat No. 2; thence running Easterly along the extension of the North line of Lot No. 4 in said Block 36 approximately 80 feet to its intersection with a Northerly extension of the East line of Lot No. 3 in said Block No. 7; thence Southerly along the extension of the East line of said Lot No. 3 to the Northeast corner of Lot No. 3 in said Block No. 7; thence Westerly and Southwesterly along the Northerly lines of Lots Nos. 3 and 4 in said Block No. 7 to place of beginning. 5 EXHIBIT "B" Deed Restriction Addendum Hazard Mitigation Assistance (HMA) Program In reference to the property or properties ("Property") conveyed by the Deed between the property owners indicated below who are participating in the federally -assisted acquisition project ("the Grantor") and the City of Waterloo, Iowa ("the Grantee"), its successors and assigns: WHEREAS, The. Robert. T. Stafford Disaster Relief and Emergency Assistance Act, ("The Stafford Act''), 42 U.S.C. § 5121 et seq., identifies the use of disaster relief funds under § 5170c, Ha7ard Mitigation Grant Program ("I-LMGP"), including the acquisition and relocation of structures in the floodplain; and WHEREAS, the mitigation grant program provides a process for a local government, through the State, to apply for federal funds for mitigation assistance to acquire interests in property, including the purhase of structures in the floodplain, to demolish and/or remove the structures, and to maintain the use of the Property as open space in perpetuity; and WHEREAS, the State of Iowa has applied for and been awarded such funding from the Department of Homeland Security, Federal Emergency Management Agency ("FEMA") and has entered into a mitigation grant program Grant Agreement dated June 6, 2008, with FEMA and herein incorporated by reference; making it a mitigation grant program grantee; and WHEREAS, the Property is located in the City of Waterloo, Iowa, and the City of Waterloo, Iowa, participates in the National Flood Insurance Program ("NFIP") and is in good standing with NFIP as of the date of the Deed; and WHEREAS, the City of Waterloo, Iowa, has applied for and been awarded federal funds pursuant to an aireement with the State of Iowa dated August 11, 2009 ("State -Local Agreement"), and herein incorporated by reference, making it a mitigation grant program subgrantee; and WHEREAS, the terms of the mitigation grant program statutory authorities, Federal program requirements consistent with 44 C.F.R. Part 80, the Grant Agreement, and the State -local Agreement require that the Grantee agree to conditions that restrict the use of the land to open space in perpetuity in order to protect and preserve natural floodplain values; NOW, THEREFORE, the grant is made subject to the following terms and conditions: 1. Terms. Pursunt to the terms of the HMG program statutory authorities, Federal program requirements consistent with 44 C.F.R. Part 80, the Grant Agreement, and the State -local Agreement, the following conditions and restrictions shall apply in perpetuity to the Property described in the attached deed and acquired by the Grantee pursuant to FEMA program requirements concerning the acquisition of property for open space: a. Compatible uses. The Property shall be dedicated and maintained in perpetuity as open space for the conservation of natural floodplain functions. Such uses may include: parks for outdoor recreational activities; wetlands management; nature reserves; cultivation; grazing; camping (except where adequate warning time is not available to allow evacuation); unimproved, unpaved parking lots; buffer zones; and other uses consistent with FEMA guidance for open space acquisition, Hazard Mitigation Assistance, Requirements for Property Acquisition and Relocation fOr Open Space. b. Structures. No new structures or improvements shall be erected on the Property other than. i. A publie facility that is open on all sides and functionally related to a designated open space or recreatidnal use; ii. A public rest room; or iii. A s1iuture that is compatible with open space and conserves the natural function of the floodplain, including the uses described in Paragraph 1.a., above, and approved by the FEMA Administrator in writing before construction of the structure begins. Any improvements on the Property shall be in accordance with proper floodplain management policies and practices. Structures built on the Property according to paragraph b. of this section shall be floodproofed or elevated to at least the base flood level plus 1 foot of freeboard, or greater, if required by FEMA, or if required by any State, Tribal, or local ordinance, and in accordance with criteria established by the FEMA Administrator. c. Disaster Assistance and Flood Insurance. No Federal entity or source may provide disaster assistance for any purpose with respect to the Property, nor may any application for such assistance be made to any Federal entity or source. The Property is not eligible for coverage under the NFIP for damage to structures on the property occurring after the date of the property settlement, except for pre-existing structures being relocated offthe property as a result of the project. d. Transfer. 1The Grantee, including successors in interest, shall convey any interest in the Property only if the FEMA Regional Administrator, through the State, gives prior written approval of the transferee in accordance with this paragraph. i. The request by the Grantee, through the State, to the FEMA Regional Administrator must include a signed statement from the proposed transferee that it acknowledges and agrees to be bound by the terms of this section, and documentation of its status as a qualified conservation organization if applicable. ii. The Grantee may convey a property interest only to a public entity or to a qualified conservation organization. However, the Grantee may convey an easement or lease to a private individual or entity for purposes compatible with the uses described in paragraph (a), of this section, with the prior approval of the FEMA Regional Administrator, and so long as the conveyance does!not include authority to control and enforce the terms and conditions of this section. 2 iii. If title'to the Property is transferred to a public entity other than one with a conservation mission, it must be conveyed subject to a conservation easement that shall be recorded with the deed and shall incorporate all terms and conditions set forth in this section, including the easement holder's responsibility to enforce the easement. This shall be accomplished byone of the following means: a) MC' Grantee shall convey, in accordance with this paragraph, a conservation easement to an entity other than the title holder, which shall be recorded with the deed, or b) At the time of title transfer, the Grantee shall retain such conservation easement, and record it with the deed. iv. Conveyance of any property interest must reference and incorporate the original deed restrictions providing notice of the conditions in this section and must incorporate a provision for the property interest to revert to the State, Tribe, or local government in the event that the transferee ceases -to exist or loses its eligible status under this section. 2. Inspection. FEMA, its representatives and assigns including the State or Tribe shall have the right to enter upon the Property, at reasonable times and with reasonable notice, for the purpose of inspecting theProperty to ensure compliance with the terms of this part, the Property conveyance and of the grant award. 3. Monitoring and Reporting. Every three years after the date this deed is recorded, the Grantee (mitigation grant program subgrantee), in coordination with any current successor in interest, shall submit through the State to the FEMA Regional Administrator a report certifying that the Grantee has inspected the Property within the month preceding the report, and that the Property continues to be maintained consistent with the provisions of 44 C.F.R. Part 80, the property conveyance, and the grant award. 4. Enforcement The Grantee (mitigation grant program subgrantee), the State, FEMA, and their respective represnmtatives, successors and assigns, are responsible for taking measures to bring the Property back into compliance if the Property is not maintained according to the terrns of 44 C.F.R. Part 80, the property conveyance, and the grant award. The relative rights and responsibilities of FEMA, the State, the Grantee, and subsequent holders of the property interest at the time of enforcement, shall include the following: a. The Statewill notify the Grantee and any current holder of the property interest in writing and advise them that they have 60 days to correct the violation. i. If the Grantee or any current holder of the property interest fails to demonstrate a good faith effort to come into compliance with the terns of the grant within the 60 -day period, the State shall enforce the terms of the grant by taking any measures it deems appropriate, including but not limited tO bringing an action at law or in equity in a court of competent jurisdiction. ii. FEMA; its representatives, and assignees may enforce the terms of the grant by taking any measures it deems appropriate, including but not limited to 1 or more of the following: 3 a) Withholding FEMA mitigation awards or assistance from the State or Tribe, and Grantee; and current holder of the property interest. b) Requiring transfer of title. The Grantee or the current holder of the property interest shall bear the costs of bringing the Property back into compliance with the terms of the grant; or c) Bringing an action at law or in equity in a court of competent jurisdiction against any or all of the following parties: the State, the Tribe, the local community, and their respective successors. 5. Amendment. This agreement may be amended upon signatures of FEMA, the State, and the Grantee only to the extent that such amendment does not affect the fundamental and statutory purposes underlying the agreement. 6. Severability. 'Should any provision of this grant or the application thereof to any person or circumstance be found to be invalid or unenforceable, the rest and remainder of the provisions of this grant and their application shall not be affected and shall remain valid and enforceable. GRANTORS GRANTEE City of Waterloo, Iowa Sandra A. Schipper By: Paul H. Schipper: 4 Title: /41 Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: March 26, 2012 Prepared: March 21, 2012 Dept. Head Signature: # of Attachments: 0 SUBJECT: Lease Agreement — property located on Riverside Drive just south of 509 Riverside Drive — Darlyne Yagla. Submitted by: Aric Schroeder, City Planner Recommended City Council Action: Approval Summary Statement: Transmitted herewith is the request that the City approve a lease agreement with Darlyne Yagla for property located on Riverside Drive just south of 509 Riverside Drive. Yagla is the owner of 509 Riverside Drive, which is abutting the land to be leased from the City, which was acquired through the Hazard Mitigation Grant Program (HMGP) Property Acquisition Project (flood buyout). Therefore, staff would request that the City Council approve the lease agreement with Darlyne Yagla, to use and occupy the land in question. Expenditure Required: None. Source of Funds: N/A Policy Issue: Property Management Alternative: Background Information: The property in question is deed restricted and must be owned and maintained by the City of Waterloo as green space. The City of Waterloo is allowed to lease buyout property, as long as the terms of the lease are not in conflict with the deed restrictions. The proposed lease indicates a requirement that the lessee shall not use the property in any manner that is contrary to the deed restrictions, and a copy of the deed restrictions have been added as an exhibit to the lease. The lease is proposed at a rate of $1.00 per year, and the initial term of the lease is until December 31, 2012. It is anticipated that if both parties are in agreement, future renewal periods could have longer terms. Lease of the CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer property will allow the applicant to use the area as an extension of their existing yard, and requires that the lessee be responsible for all maintenance, including mowing the grass and snow removal. Because of the deed restrictions the property is unbuildable, and leasing it will avoid the City from having to pay to do mowing and snow removal. Legal Description: See attached Exhibit "A". cc: Noel Anderson, Community Planning & Development Director file-- Lease of City Property South of 509 Riverside Drive LEASE AGREEMENT for CITY -OWNED PROPERTY This Lease Agreement (the "Agreement") is made and entered into this day of , 2012, by and between the City of Waterloo, Iowa (hereinafter referred to as "City"), and j3 R ( it, [S' cq) (hereinafter referred to as "L4ssee"). -' 1. The City agrees to allow the Lessee to use and occupy City property (the "Property") located on Riverside Drive just south of 509 Riverside Drive ("Lessee's Property's). The Property is known as assessor parcel no. 891315456003 and legally described in Exhibit "A" attached hereto and made a part hereof by this reference. Lessee shall use the Property only for activities incidental and customarily accessory to the use of their abutting residential property and as further allowed per the description in paragraph 4 below, and shall not use the Property for any other purpose whatsoever. 2. The City agrees to allow Lessee to use and occupy the Property for a term commencing on the day of , 2012, and terminating on the 31st day of December , 2012. The City agrees to lease the Property to the Lessee for the sum of $1.00 per year, payable in advance upon commencement of the lease term. 3. The City may terminate this Agreement, as to any part or all of the Property, upon thirty (30) days' written notice for any reason. Lessee may terminate this Agreement, in whole but not in part, upon thirty (30) days' written notice to the Waterloo Community Planning and Development Department (the "Department"). Upon termination of this Agreement for any reason, any improvements made to or upon the Property shall, unless removed by Lessee before the termination date, become the sole property of City, to be used, sold, destroyed or otherwise handled by City at its sole discretion. 4. Lessee agrees to maintain the Property, including but not limited to all required mowing and snow removal on the public sidewalk adjoining the Property along Riverside Drive. This will include reseeding and fertilizing when necessary. Lessee agrees to maintain the Property as a grass area only with any reseeding to be done with bluegrass grass seed only, or other seed approved in advance by the Deparinient. Lessee may establish and maintain a garden on the Property in accordance with plans approved in advance by the Department, and may use the Property for private (non-commercial) recreational purposes, including but not limited to activities such as private recreational fires that meet the requirements of city ordinances, picnics, camping, etc. 5. The Property was acquired by the City through a Hazard Mitigation Grant Program (HMGP) with the Federal Emergency Management Agency (FEMA) and Iowa Homeland Security & Emergency Management Division (IHSEMD). As required by the HMGP, deed restrictions limit the use and maintenance of the Property. A copy of said deed restrictions are attached as Exhibit "B" hereto and made a part hereof by this reference. 1 Lessee shall not use the Property in any manner that is contrary to said deed restrictions. The Lessee shall not construct, place, or allow to be placed any buildings or structures except any incidental park -type structures that are individually and specifically approved in writing, in advance, by the Department. 6. In consideration of the rights and privileges granted to Lessee under this Agreement, Lessee hereby agrees to indemnify and hold the City harmless for any and all liability, claims, demands, actions, causes of action, and/or damages whatsoever, including but not limited to reasonable attorneys' fees, to any person or property which may arise out of or are in any way connected, whether directly or indirectly, with use of the Property by Lessee, its employees, agents or invitees, in any manner, and shall further indemnify the City for any damage to the Property caused by Lessee, its employees, agents or invitees. 7. Lessee shall, at its own expense, procure and maintain insurance in the minimum amount of $500,000 per occurrence, covering liability arising from the acts or omissions of Lessee, its employees, agents and invitees, and shall protect the City against such claims, damages, costs or expenses, including but not limited to reasonable attorneys' fees, on account of injury to any person or persons, or to the property of same, by reason of such casualty, accident or other occurrence on or about the Property during the taint of this Agreement. Proof of insurance shall be delivered to City no later April 1, 2012, and for every year that the Agreement is renewed Lessee shall provide proof of continuing coverage before expiration of the policy. The City shall provide no insurance for the specific benefit of the property or activities of the Lessee, its agents, employees or invitees. 8. In the event any other person acquires a right of ingress and egress across the Property with prior written consent of the City, Lessee agrees to be responsible for any additional maintenance which may be necessary, at no cost to the City. 9. Lessee shall comply with all applicable environmental laws concerning application, storage and handling of chemicals (including, without limitation, herbicides and insecticides) and fertilizers. Lessee shall apply any chemicals used for weed or insect control at levels not to exceed the manufacturer's recommendation for the soil types involved. Chemicals may not be stored on the Property. Chemicals used on the Property shall be stored in clearly marked, tightly closed containers. No chemicals or chemical containers will be disposed of on the Property. Application of chemicals for lawn or garden purposes per manufacturer's recommendation shall not be construed to constitute disposal. Lessee shall immediately notify City of any chemical discharge, leak, or spill which occurs on the Property. Lessee shall employ all means appropriate to insure that contamination does not occur, and shall be responsible to follow all applicator's licensing requirements. Lessee shall properly post all fields (when posting is required) whenever chemicals are applied. Lessee shall not dispose of any substances, including but not limited to waste oil, tires, batteries, paint, other chemicals or containers, anywhere on the Property. Solid waste may 2 not be disposed of on the Property. No underground storage tanks shall be placed or maintained on the Property. After termination, Lessee shall remain liable for violations which occurred during the term of this Agreement. 10. The City may enter the Property at any reasonable time for the purpose of consulting with Lessee, viewing the Property, making improvements, or for other reasonable purposes that do not interfere with Lessee's ability to use the Property as provided herein. 11. Lessee shall not lease or sublet any part of the Property nor assign this Agreement to any other person without the prior written permission of the City. This Agreement is personal to Lessee, shall automatically terminate upon any voluntary or involuntary transfer of title to the Lessee's Property, and shall not transfer to any subsequent transferee of Lessee's Property, provided that a transferee shall have a right of first refusal to lease the Property from City, should City desire to lease the Property. 12. Lessee agrees that on termination of the Agreement, Lessee will yield possession of the Property to City without further demand or notice, in as good order and condition as at the beginning of the term of this Agreement. Loss or damage by forces beyond Lessee's control and ordinary wear and tear are excepted. 13. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between City and Lessee nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 14. If Lessee fails to observe any term or condition of this Agreement, it shall be in default of this Agreement, and City may then exercise any and all legal remedies available under applicable law. In the event of default Lessee shall be liable for any and all damage or loss suffered or incurred by City, including but not limited to reasonable attorneys' fees and expenses incurred in connection with the exercise of any right or remedy by City. 15. Any notice under this Agreement shall be in writing and shall be delivered in person or by United States certified mail, postage prepaid, and addressed to the other party at its last known address. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, or (ii) three (3) business days following the date of deposit if mailed by United States certified mail, postage prepaid. 16. This Agreement contains the entire Agreement between the parties. None of the covenants, provisions, terms of conditions of this Agreement will be in any manner modified, waived, or abandoned, except by written instrument duly signed by both parties. This Agreement is binding upon and shall inure to the benefit of the parties and their respective heirs, personal representatives, successors and assigns. 3 IN WITNESS WHEREOF, the parties have executed this Lease Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO LESSEE By: By: Mayor B Attest: City Clerk CITY'S ACKNOWLEDGMENT: STA IEE OF IOWA, BLACK HAWK_COUNTY, SS: On this day of , 2012, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared and to me personally known, who, before by me duly sworn, did say that they are the MAYOR and CITY CLERK, respectively, of said City executing the within. and foregoing instrument to which this is attached, that the seal affixed thereto is the seal of said City; that said instrument was signed and sealed on behalf of said City by authority of its City Council; and that the said MAYOR and CITY CLERK, acknowledged the execution of said instrument to be the voluntary act and deed of said City, by it and by them voluntarily executed. Notary Public LESSEE'S ACKNOWLEDGMENT STA1E OF IOWA, BLACK HAWK COUNTY, SS: Acknowledged before me on M arCA 1 ` , 2012, by YX6-9 Notary Pub spa` s� TAMMY FOUTS 0 'r Commission No.761416 4 * My Com issi Expires EXHIBIT "A" LEGAL DESCRIPTI©N Lot 4 in Block 4 in Division "A" and a tract of land adjoining said Lot 4 described as follows: Beginning at the Northwesterly corner of said Lot 4; thence Southerly along the West line of said Lot 4 to the Southwesterly corner of said lot 4; thence West on a continuation of the South line of said Lot 4 to the boundary line along the Northeasterly Bank of the Cedar River established by the Boundary Commission appointed by the District Court of Black Hawk County, Iowa; thence Northwesterly_ along said boundary line to a point where the North line of said Lot 4, if extended in a Westerly direction, would intersect said boundary line; thence East to the place of beginning; and That part of vacated Riehl Street located West of the Westerly line of vacated Riverside Drive; All in Cedar River Park in the City of Waterloo, Iowa. 5 EXHIBIT "B" Deed Restriction Addendum Hazard Mitigation Assistance (HMA) Program In reference to the property or properties ("Property") conveyed by the Deed between the property owners indicated below who are participating in the federally -assisted acquisition project ("the Grantor") and the City of Waterloo, Iowa ("the Grantee"), its successors and assigns: WHEREAS, The Robert T. Stafford Disaster Relief and Emergency Assistance Act, ("The Stafford Act"), 42 U.S.C. § 5121 et seq., identifies the use of disaster relief funds under § 5170c, Hazard Mitigation Grant Program ("HMGP"), including the acquisition and relocation of structures in the floodplain; and WHEREAS, the Mitigation grant program provides a process for a local government, through the State, to apply for federal funds for mitigation assistance to acquire interests in property, including the purchase of structures in the floodplain, to demolish and/or remove the structures, and to maintain the use of the Property as open space in perpetuity; and WHEREAS, the State of Iowa has applied for and been awarded such funding from the Department of Homeland Security, Federal Emergency Management Agency ("FEMA") and has entered into a mitigation grant program Grant Agreement dated June 6, 2008, with FEMA and herein incorporated by reference; making it a mitigation grant program grantee; and WHEREAS, the Property is located in the City of Waterloo, Iowa, and the City of Waterloo, Iowa, participates in the National Flood Insurance Program ("NFIP") and is in good standing with NFIP as of the date of the Deed; and WHEREAS, the +,City of Waterloo, Iowa, has applied for and been awarded federal funds pursuant to an agreement with the State of Iowa dated August 11, 2009 ("State -Local Agreement"), and herein incorporated by reference, making it a mitigation grant program subgrantee; and WHEREAS, the terms of the mitigation grant program statutory authorities, Federal program requirements consistent with 44 C.F.R. Part 80, the Grant Agreement, and the State -local Agreement requite that the Grantee agree to conditions that restrict the use of the land to open space in perpetuity in order to protect and preserve natural floodplain values; NOW, THEREFORE, the grant is made subject to the following terms and conditions: 1. Terms. Pursuant to the terms of the HMG program statutory authorities, Federal program requirements consistent with 44 C.F.R. Part 80, the Grant Agreement, and the State -local Agreement, the following conditions and restrictions shall apply in perpetuity to the Property described in the attached deed and acquired by the Grantee pursuant to FEMA program requirements concerning the acquisition of property for open space: a. Compatible uses. The Property shall be dedicated and maintained in perpetuity as open space for the conservation of natural floodplain functions. Such uses may include: parks for outdoor recreational activities; wetlands management; nature reserves; cultivation; grazing; camping (except where adequate warning time is not available to allow evacuation); unimproved, unpaved parking lots; buffer zones; and other uses consistent with FEMA guidance for open space acquisition, Hazard Mitigation Assistance, Requirements for Property Acquisition and Relocation for Open Space. b. Structures. No new structures or improvements shall be erected on the Property other than: i. A public facility that is open on all sides and functionally related to a designated open space or recreational use; ii. A public rest room; or iii. A structure that is compatible with open space and conserves the natural function of the floodplain, including the uses described in Paragraph 1.a., above, and approved by the 1i'hMA Administrator in writing before construction of the structure begins. Any improvements on the Property shall be in accordance with proper floodplain management policies and practices. Structures built on the Property according to paragraph b. of this section shall be floodproofed or elevated to at least the base flood level plus 1 foot of freeboard, or greater, if required by FEMA, or if required by any State, Tribal, or local ordinance, and in accordance with criteria established by the FEMA Administrator. c. Disaster Assistance and Flood Insurance. No Federal entity or source may provide disaster assistance for any purpose with respect to the Property, nor may any application for such assistance be made to any Federal entity or source. The Property is not eligible for coverage under the NFIP for damage to structures on the property occurring after the date of the property settlement, except for pre-existing structures being relocated off the property as a result of the project. d. Transfer. The Grantee, including successors in interest, shall convey any interest in the Property only if the FEMA Regional Administrator, through the State, gives prior written approval of the transferee in accordance with this paragraph. i. The request by the Grantee, through the State, to the FEMA Regional Administrator must include a signed statement from the proposed transferee that it acknowledges and agrees to be bound by the terms of this section, and documentation of its status as a qualified conservation organization if applicable. ii. The Grantee may convey a property interest only to a public entity or to a qualified conservation organization. However, the Grantee may convey an easement or lease to a private individual or entity for purposes compatible with the uses described in paragraph (a), of this section, with the prior approval of the FEMA Regional Administrator, and so long as the conveyance does; not include authority to control and enforce the terms and conditions of this section. 2 iii. If title:to the Property is transferred to a public entity other than one with a conservation mission, it must be conveyed subject to a conservation easement that shall be recorded with the deed and shall incorporate all terms and conditions set forth in this section, including the easement holder's responsibility to enforce the easement. This shall be accomplished byone of the following means: a) The Grantee shall convey, in accordance with this paragraph, a conservation easement to an entity other than the title holder, which shall be recorded with the deed, or b) At `the time of title transfer, the Grantee shall retain such conservation easement, and record it with the deed. iv. Conveyance of any property interest must reference and incorporate the original deed restrictions providing notice of the conditions in this section and must incorporate a provision for the property inter est to revert to the State, Tribe, or local government in the event that the transferee ceases''to exist or loses its eligible status under this section. 2. Inspection. 1?EMA, its representatives and assigns including the State or Tribe shall have the right to enter upcin the Property, at reasonable times and with reasonable notice, for the purpose of inspecting the Property to ensure compliance with the terms of this part, the Property conveyance and of the grant award. 3. Monitoring and Reporting. Every three years after the date this deed is recorded, the Grantee (mitigation grant,program subgrantee), in coordination with any current successor in interest, shall submit through the State to the FEMA Regional Administrator a report certifying that the Grantee has insp4cted the Property within the month preceding the report, and that the Property continues to be maintained consistent with the provisions of 44 C.F.R. Part 80, the property conveyance, and the grant award. 4. Enforcement,. The Grantee (mitigation grant program subgrantee), the State, FEMA, and their respective representatives, successors and assigns, are responsible for taking measures to bring the Property back into compliance if the Property is not maintained according to the terms of 44 C.F.R. Part 80, the property conveyance, and the grant award. The relative rights and responsibilities of FEMA, the State, the Grantee, and subsequent holders of the property interest at the time of enforcement, shall include the following: a. The State will notify the Grantee and any current holder of the property interest in writing and advise them that they have 60 days to correct the violation. i. If the Grantee or any current holder of the property interest fails to demonstrate a good faith effort to corn into compliance with the terms of the grant within the 60 -day period, the State shall enforce the terms of the grant by taking any measures it deems appropriate, including but not limited td bringing an action at law or in equity in a court of competent jurisdiction. ii. FEMA; its representatives, and assignees may enforce the terms of the grant by taking any measures it eeems appropriate, including but not limited to 1 or more of the following: 3 a) Withholding FEMA mitigation awards or assistance from the State or Tribe, and Grantee; and current holder of the property interest. b) Requiring transfer of title. The Grantee or the current holder of the property interest shall bear the costs of bringing the Property back into compliance with the terms of the grant; or c) Bringing an action at law or in equity in a court of competent jurisdiction against any or all of the following parties: the State, the Tribe, the local community, and their respective successors. 5. Amendment. This agreement may be amended upon signatures of FEMA, the State, and the Grantee only to the extent that such amendment does not affect the fundamental and statutory purposes underlying the agreement. 6. Severability. Should any provision of this grant or the application thereof to any person or circumstance be found to be invalid or unenforceable, the rest and remainder of the provisions of this grant and their application shall not be affected and shall remain valid and enforceable. GRANTORS GRANTEE City of Waterloo, Iowa By: 4 Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: March 26, 2012 Prepared: March 20, 2012 4 4, Dept. Head Signature: `.' # of Attachments: 3 SUBJECT: Request by Dolly James, LLC to dedicate the necessary easements located within the area bounded by the Cedar River and Sycamore Street, and E 8th Street and the railroad tracks, to allow for the construction of a multi -family housing development. Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: Approval. Summary Statement: Transmitted herewith is a request by Dolly James, LLC to dedicate the necessary easements within the property in order to construct six new 12 -unit housing units with accompanying garages on the property. The applicant is proposing to dedicate the new easements in order to construct six new 12 -unit dwelling units. There was an existing easement located over the entire area of vacated E 7th Street, as there exists sewer and water located within that area, however that is in the process of being vacated. The request to dedicate the new easements would allow for the construction of the new housing development on the property while still maintaining easements over necessary areas. Expenditure Required: None Source of Funds: None required Policy Issue: Land Use and Economic Development Alternative: Background Information: The City of Waterloo has owned this property for several years now, and has been looking for a developer to develop this property. Legal Description: See attached Exhibit "A". AS:sg CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer cc: Noel Anderson, Community Planning & Development Director. --file-- Paul H. Heiland,1107 Technology Parkway, Cedar Fails, Iowa 50613-6951, (319)-266-0161 LEGEND - ""' FOR THIS SHEET ONLY 14 WATER VALVE ❑ MANHOLE A z!r FIRE HYDRANT (PROPOSED TO BE MOVED) B t( PROPOSED LOCATION FOR FIRE HYDRANT — SANITARYSEWER-UNE —w—•— WATER LINE —M— PROPOSED WATERLINE r,//i i1` PROPOSED UTILITY EASMENT PROPOSED ACCESS EASEMENT PROPOSED UTILfTY EASEMENT PROPOSED UTILITY EASEMENT 2 3 SYCAMORE STREET (80 R.0 W.) f P.O.B. CL BLOCK 1 6 7 m ca (f) m I 50.0 ►� N♦ r: ,s 8 ►,� 4. 9 L. _ _-o--C1S 48°283/4 ESB �'1,• -115.55' I - w o...... ilpilaa ., N N N 49°32' W 40.75' N 49°04'/. W 149.7' ti S.LZiJ 1 il2Lt 2 00 m N 49°06W W ® _ 149.1' P.D.c. o va .1 L.USiLI.]11 Lt)Q `zvH m m i 30.0, 3 30.01' V1 o Ja 7 /7/-S 35°30' E 90.25` 4 6 BLOCK22 5 W co 8 10 P.Q.T. CL 817E£ M EP0Ot S S 46°39' E 301.0' r 140 Ir -r CO C.4 V CO CO ° W Co) CEDAR RIVER THIS SURVEY MEETS/OR EXCEEDS CURRENT "MINIMUM STANDARDS FOR PROPERTY SURVEYS" co V W (BEARINGS ARE ASSUMED) 0' 50' 10D 200 HELLAND ENGINEERING & SURVEYING, LTD. • SET NO. 4 REBAR X 24" LONG W/ORANGE PLASTIC CAP #6505 1107 Technology Parkway (001 RECORDED AS FILE NAME: 12-110P.DWG Cedar Fails, Iowa 50613-6951 SCALE: 1" = 1D0 PROJECT #12-110 (319)-266-0161 SHEET 2 OF 5 DPC PLASTIC CAP (0=ORANGE, R=RED, Y=YELLOW) PLAT OF SURVEY OF BLOCK 22 & PART BLOCK 1, "ORIGINAL WATERLOO EAST" VACATED WATER ST., VACATED E. 7TH ST., & FRACTIONAL LAND LYING EAST OF CEDAR RIVER WATERLOO, BLACK HAWK COUNTY, IOWA FOR DOLLY JAMES, LLC DESCRIPTION OF ACCESS EASEMENT The Southeasterly 30 feet of the following described tract That part of the above described Parcel "R" lying 20 feet on each side of the following described centerline: Commencing at the Easterly corner of said Block 22, point being a found 1/2" rebar with license #8033; thence along the Southwesterly right-of-way line of Sycamore Street North 49°06W West a distance of 149.1 feet to the Northerly comer of Lot 1 of said Block 22 of the "Original Plat on the East side of the Cedar River, City of Waterloo", point being a found 1 rebar with license #3862; thence along said Southwesterly right-of-way line of Sycamore Street North 49°041/4 West a distance of 149.7 feet to the Northerly corner of Lot 2 in said Block 22 of the "Original Plat on the East side of the Cedar River, City of Waterloo", point being a found '1/2" rebar with license #7034; thence along the Northeasterly line of said Vacated East 7h Street North 49°32' West a distance of 40.75 feet to the point of beginning of said centerline; ----thence South -40°043/ Westa-distance-of 315.95 feet to -the -Southwesterly. -tine -of -the -above- described Parcel "R", point being the point of termination of said centerline. The side lines of the described strip are to be lengthened and shortened to terminate on the Northeasterly line of said Parcel 'R" and the Southwesterly line of said Parcel "R". DESCRIPTION OF UTILITY EASEMENT A 50 foot Utility Easement described as follows That part of the above described Parcel "R" lying 20 feet on the Northwesterly side and 30 feet on the Southeasterly side of the following described centerline: Commencing at the Easterly corner of said Block 22, point being a found 1/2" rebar with license #8033; thence along the Southwesterly right-of-way line of Sycamore Street North 49°06W West a distance of 149.1 feet to the Northerly corner of Lot 1 of said Block 22 of the "Original Plat on the East side of the Cedar River, City of Waterloo", point being a found 1/2 rebar with license #3862; thence along said Southwesterly right-of-way line of Sycamore Street North 49004'/4 West a distance of 149.7 feet to the Northerly corner of Lot 2 in said Block 22 of the "Original Plat on the East side of the Cedar River, City of Waterloo", point being a found 1/2" rebar with license #7034; thence along the Northeasterly line of said Vacated East 7th Street North 49°32' West a distance of 40.75 feet to the point of beginning of said centerline; thence South 40°043/4 West a distance of 315.95 feet to the Southwesterly line of the above described Parcel "R", point being the point of termination of said centerline. The side lines of the described strip are to be lengthened and shortened to terminate on the Northeasterly line of said Parcel "R" and the Southwesterly line of said Parcel "R". DESCRIPTION OF UTILITY EASEMENT The Northeasterly 8 feet of the Southeasterly 364 feet of the above described Parcel "R", lying adjacent to Sycamore Street. � a SHEETNOF DESCRIPTION OF PROPOSED UTILITY EASEMENT That part of Vacated Water Street generally lying Southwesterly of Block 1 & Block 22 in the "Original Plat on the East side of the Cedar River, City of Waterloo", and part of the fractional land lying between the Cedar River and Block 1 & Block 22 in "Original Plat on the East side of the Cedar River, City of Waterloo", Black Hawk County, Iowa, described as follows: Commencing at the Easterly corner of said Block 22, point being a found'" rebar with license #8033; thence along the Southeasterly line of said Block 22 in the "Original Plat on the East side of the Cedar River, City of Waterloo", also being the Northwesterly line of East 8'" Street and along the Southeasterly line of Acquisition Plat dated 11/8/2002 recorded in File #2003-00025496 in the Office of the Black Hawk County Recorder South 40°43' West a distance of 328.2 feet to the point of beginning; thence along the Southeasterly line of said Acquisition Plat recorded in File #2003-00025496 South 40°43' West a distance of 6.55 feet to a set 1/2" rebar with license #6505; thence North 48°42' West a distance of 207.8 feet to a set 1/2" rebar with license #6505; thence North 39°33'. West -a- distance -of 102.55 feettoa-set Yz"-reharr-with license #.6505; thence North 48°55' West a distance of 82.45 feet to a set /" rebar with license #6505; thence North 73°54' West a distance of 104.5 feet to a set Y" rebar with license #6505; thence North 49°30' West a distance of 17.5 feet to Southwesterly extension of Plat of Survey dated 3/17/2006 recorded in Fee Book #2006 23029 in the Office of the Black Hawk County Recorder, point being a set 'h" rebar with license #6505; thence along said Southwesterly extension North 40°483/ East a distance of 67.05 feet; thence South 48°283/4' East a distance 01 115.55 feet; thence South 35°30' East a distance of 90.25 feet; thence South 46°39' East a distance of 301.0 feet to the point of beginning. Subject to restrictions, easements, covenants, ordinances, and limited access provisions of record and not of record. a � SHEET 4,0F`5 CITY OF WATERLOO Council Communication City Council Meeting: March 19, 2012 Prepared: March 14, 2012 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: 1 (street list) SUBJECT: F.Y. 2012 STREET RECONSTRUCTION PROGRAM CONTRACT NO. 819 Submitted by: Dennis Gentz, P.E., Assistant City Engineer Recommended City Council Action: It is recommended that Council approve these documents, set April 2, 2012, as the date for the public hearing and bid opening and instruct the City Clerk to publish said notices. Summary Statement Transmitted herewith are the Plans and Specifications for the F.Y. 2012 STREET RECONSTRUCTION PROGRAM, Contract No. 819, as prepared by the City Engineer's Office. Expenditure Required To Be Determined Source of Funds Local Option Sales Tax Funds Policy Issue N/A Alternative None Background Information: These are the plans and specifications for reconstruction of streets (see attached list) that were approved by Council for 2012. F.Y. 2012 STREET RECONSTRUCTION PROGRAM Contract No. 819 STREET FROM TO WARD BLOCKS 9th St., W. Williston Ave. Mitchell Ave. 5 1200 - 1900 Dawson St. Fairview Ave. Burton Ave. 3 600 -0900 Kern St. Reed St. Logan Ave. 3 100 Lafayette St. Rhey St. Indiana St. 4 1800 - 2200 Maynard Ave. Letsch Road Valley Dr. 1 2000 Mitchell Ave. 9th St., W. Randolph St. 2/5 1100 Ridgeway Ave., E. Wisconsin St. San Marnan Dr. 2 1900 - 2000 Schukei Rd. 486' N. of San Marnan Frt. 363' North 2 University Ave. Frt. S Ansborough Ave. Falls Ave. 1 2500 - 3000 3/5/2012 Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director CITY OF WATERLOO Council Communication City Council Meeting: March 26, 2012 Prepared: March 21, 2012 Dept. Head Signature: Noel Anderson, Community Planning & Development Director # of Attachments: 1 SUBJECT: Adopt a resolution authorizing the Mayor and City Clerk to sign and fully execute an amendment to the original Development Agreement with Dolly James LLC dated February 2012, to add wording for a grant payment in the amount of $14,528.99 for the moving of electrical lines serving the City of Waterloo pump station in this area. Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: Resolution approving amendment Summary Statement: As you may recall, back in February 2012, the City Council approved a Development Agreement with Dolly James LLC for the development of six 12-plex condominiums on the riverfront between the railroad track and East 8th Street, all south of Sycamore Street. In subsequent construction meetings with city staff and the developer for the redevelopment of the site, it has been learned the overhead electrical lines on vacated East 7th Street need to be moved and put underground for the site to function and continue to supply power to the City of Waterloo pump station. The City of Waterloo is in the process of removing asbestos and preparing for demolition of two buildings on the site for the project to commence. This moving of the electrical lines is another part of preparing the site in this manner for development. The developer is already working with MidAmerican Energy Company for the relocation of the lines, so the City would make a grant to the developer for this amount to continue to try and stay on schedule for the construction of the project. All other terms of the original Development Agreement would remain the same. Expenditure Required: $14,528.99 Source of Funds: Downtown TIF and bond funds CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Policy Issue: Economic Development within the City of Waterloo. Alternative: NA Background Information: The Downtown Master Plan prioritizes the need for additional residential opportunities in and near Downtown Waterloo to help fuel the other retail, restaurant, entertainment, etc. opportunities. This site was acquired for this type of development and is in close proximity to the new residential homes built by David Deeds and John Rooff in the nearby Cedar River Neighborhood. With the City of Waterloo owning further parcels in this area for development, the use of Neighborhood Stabilization Funds for further infill development of housing to this area, this is a great concentration of new housing in this area that had not, until recently, seen new housing for about 80 years prior. The City of Waterloo has economic development policies in place, and this project would meet the criteria for the development agreement as submitted AMENDMENT TO DEVELOPMENT AGREEMENT This Amendment to Development Agreement (the "Amendment") is entered into as of , 2012, by and between the City of Waterloo, Iowa ("City") and Dolly James, LLC ("Company"). RECITALS A. Company and City were parties to that certain Development Agreement dated , 2012 (the "Agreement") concerning the development of land (the "Property") described on Exhibit "A" to the Agreement. B. Company and City desire to amend the Agreement to include a development incentive payment from City to Company. NOW, THEREFORE, in consideration of the premises and of other consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree to amend the Agreement as follows: 1. A new Section 10.1 shall be added which reads as follows: 10.1. Development Incentive Payment. City agrees to make a development incentive payment to Company in the amount of $14,528.99 to assist in defraying expenses associated with Company's development activities on the Property. Said payment shall be made by City at the time of conveyance of the Property to Company. 2. Except as modified herein, the Agreement shall continue unmodified in full force and effect. The Agreement 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 as of the date first set forth above. DOLLY JAMES, LLC CITY OF WATERLOO, IOWA By: By: Brent Dahlstrom, Manager Ernest G. Clark, Mayor By: Suzy Schares, City Clerk Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WEEPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: March 26, 2012 Prepared: March 23, 2012 Dept. Head Signature: Noel Anderson, Community Planning & Development Director # of Attachments: 1 SUBJECT: Resolution approving the Real Estate Sale Contract between the City of Waterloo and Jerry Makedonski for the acquisition of 1823 Black Hawk Street in the amount of $55,000, with up to $10,000 in city environmental and closing costs, and authorizing the Mayor and City Clerk to sign and fully execute any necessary documents Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: Authorization of the acquisition of land as described in the amount of $55,000 plus up to $10,000 in city environmental and closing costs. Summary Statement: As you may recall, staff has been working on the acquisition and development of land in the Rath area for a quite a few years through multiple methods of acquisitions, condemnations, and the 657A process. The City is starting to gain more interest from developers in this area, for some small business development sites. The house in question is right next to former City -owned property that was recently sold for development of mini -storage and commercial business development. It is also right in front of land being donated to the City of Waterloo for development, which is currently going through environmental review and clearance. It is further surrounded on many sides by industrial and business development. The City of Waterloo would like to continue to evaluate the land use of this area and work to strengthen the business environment where appropriate through the removal of residential homes in an industrially classified area. This project would work towards that goal. The site in question has active permits taken out for rehabilitation by Mr. Makedonski, for residential ownership/lease. Staff has reviewed the current assessed value, average assessed value of homes in a 5 -block area around the site, and the current investment of rehabilitation into the property, and believes the $55,000 acquisition price to be a fair price. This will continue the City of Waterloo's efforts towards the arrangement of sites for redevelopment opportunities in the Rath area. The City continues to work with other property owners in this area, and has previously purchased sites in the nearby vicinity, for the Sportsplex project. The acquisition costs would come out of Rath TIF and bond funds designated for such use. Expenditure Required: $55,000 plus up to $10,000 in city environmental and closing costs Source of Funds: Bond and TIF funds, with available grant funds (BCRLF or assessment) for environmental portion CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Policy Issue: Economic Development and Redevelopment of Brownfield sites within the City of Waterloo. Alternative: Not acquire Background Information: The City continues to work to bring more business and residential development to the former Rath area. REAL ESTATE PURCHASE AGREEMENT TO: Jerry Makedonski ("Seller") FROM: City of Waterloo, Iowa ("Buyer") Buyer hereby offers to buy, and the Seller by its acceptance agrees to sell, the real property situated in Waterloo, Black Hawk County, Iowa, locally known as 1823 Black Hawk Street, legally described as: HAYES ADDITION ALL OF LOT 8 BLOCK 16 EXCEPT WEST 45 FEET, ALL OF LOT 9 BLOCK 16, WATERLOO, IOWA, BLACK HAWK COUNTY, IOWA. together with any easements and appurtenant servient estates, but subject to any reasonable easements of record for public utilities or roads, any zoning restrictions customary restrictive covenants and mineral reservations of record, if any, herein referred to as the "Property," upon the following terms and conditions: 1. EARNEST MONEY AND PURCHASE PRICE. The Purchase Price shall be $55,000.00, of which $500.00 is on deposit with the law firm of Clark, Butler, Walsh & Hamann, to be held in trust, and the balance of the Purchase Price shall be due and payable in full at closing, to be delivered to the Seller upon performance of Seller's obligations and satisfaction of Buyer's contingencies, if any. If this Agreement is not accepted by Seller or if it is rescinded by Buyer for failure of title or any other reason provided for in this Agreement, then the earnest money shall be returned to Buyer. Any other release of earnest money shall require the written consent of both parties. 2. POSSESSION AND CLOSING. If Buyer timely performs all obligations, possession of the Property shall be delivered to Buyer at closing. Closing shall occur on or before July 1, 2012, as the parties may hereafter agree, but in any event after the approval of title by Buyer and satisfaction or waiver of contingencies, if any. 3. REAL ESTATE TAXES. Seller shall pay taxes prorated to the closing date and any unpaid real estate taxes payable in prior years. Buyer shall pay all subsequent real estate taxes. Unless otherwise provided in this Agreement, at closing Seller shall pay Buyer, or Buyer shall be given a credit for, taxes from the first day of July prior to possession to the date of possession based upon the last known actual net real estate taxes payable according to public records. However, if such taxes are based upon a partial assessment of the present property improvements or a changed tax classification as of the date of possession, such proration shall be based on the current levy rate, assessed value, legislative tax rollbacks and real estate tax exemptions that will actually be applicable as shown by the assessor's records on the closing date. 4. SPECIAL ASSESSMENTS. A. Seller shall pay at time of closing all installments of special assessments which are a lien on the Propertyas of closing, and all prior installments thereof. B. All charges for solid waste removal, sewage and maintenance that are attributable to Seller's possession, including those for which assessments arise after closing, shall be paid by Seller. C. Any preliminary or deficiency assessment which cannot be discharged by payment shall be paid by Seller through an escrow account with sufficient funds to pay such liens when payable, with any unused funds returned to Seller. D. Buyer shall pay all other special assessments or installments not payable by Seller. 5. RISK OF LOSS AND INSURANCE. Seller shall bear the risk of loss or damage to the Property prior to closing. Seller agrees to maintain existing insurance, and Buyer may purchase additional insurance. In the event of substantial damage or destruction prior to closing, the Buyer shall have the option to complete the closing and receive insurance proceeds regardless of the extent of damages or to declare this Agreement null and void. The Property shall be deemed substantially damaged or destroyed if it cannot be repaired to its present condition on or before the closing date. 6. FIXTURES. Included with the Property shall be all fixtures that integrally belong to, are specifically adapted to or are a part of the real estate, whether attached or detached. Also included shall be the following: The following items shall not be included: 7. CONDITION OF PROPERTY. The Property as of the date of this Agreement, including buildings, grounds, and all improvements, will be preserved by the Seller in its present condition until possession, ordinary wear and tear excepted. Seller sells the Property "AS IS" and makes no warranties, expressed or implied, as to the condition of the Property. Within 20 days after the acceptance of this Agreement, Buyer may, at its sole expense, have the property inspected by a person or persons of its choice to determine if there are any environmental or other deficiencies. Seller shall cooperate in providing reasonable access to Buyer's inspectors. Within this same period, the Buyer may notify the Seller in writing of any deficiency. The Seller shall immediately notify the Buyer in writing of what steps, if any, the Seller will take to correct any deficiencies before closing. The Buyer shall then immediately in writing notify the Seller that (1) such steps are acceptable, in which case this Agreement, as so modified, shall be binding upon all parties; or (2) that such steps are not acceptable, in which case this Agreement shall be null and void, and any earnest money shall be returned to Buyer. 8. ABSTRACT AND TITLE. Seller, at its expense, shall obtain an abstract of title to the Property continued through a date that is within thirty (30) days of the closing, and deliver it to Buyer's attorney for examination. It shall show marketable title in Seller in conformity with this Agreement, Iowa law, and title standards of the Iowa State Bar Association. The Seller shall make every reasonable effort to promptly perfect title. If closing is delayed due to Seller's inability to provide marketable title, this Agreement shall continue in force and effect until either party rescinds the Agreement after giving ten days' written notice to the other party. The abstract shall become the property of Buyer when the Purchase Price is paid in full. Seller shall 2 pay the costs of any additional abstracting and title work due to any act or omission of Seller, including transfers by or the death of Seller or its assignees. Unless stricken, the abstract continuation shall be obtained from the Black Hawk County Abstract Company. 9. SURVEY. If a survey is required under Iowa Code Chapter 354, or city or county ordinances, Seller shall pay the costs thereof. Buyer may, at Buyer's expense prior to closing, have the Property surveyed and certified by a registered land surveyor. If the survey shows an encroachment on the Property or if any improvements located on the Property encroach on lands of others, the encroachments shall be treated as a title defect. 10. ENVIRONMENTAL MATTERS. A. Seller warrants to the best of its knowledge and belief that there are no abandoned wells, solid waste disposal sites, hazardous wastes or substances, or underground storage tanks located on the Property, the Property does not contain levels of radon gas, asbestos, or urea -formaldehyde foam insulation which require remediation under current governmental standards, and Seller has done nothing to contaminate the Property with hazardous wastes or substances. Seller warrants that the property is not subject to any local, state, or federal judicial or administrative action, investigation or order, as the case may be, regarding wells, solid waste disposal sites, hazardous wastes or substances, or underground storage tanks. Seller shall also provide Buyer with a properly executed groundwater hazard statement showing no wells, solid waste disposal sites, hazardous wastes and underground storage tanks on the Property unless disclosed here: B. Buyer may at Buyer's expense, within 20 days after the date of acceptance of this Agreement, obtain a report from a qualified engineer or other person qualified to analyze the existence or nature of any hazardous materials, substances, conditions or wastes located on the Property. Seller shall cooperate in providing reasonable access to Buyer's inspectors and engineers. In the event any hazardous materials, substances, conditions or wastes are discovered on the Property, Buyer's obligation hereunder shall be contingent upon the removal of such materials, substances, conditions or wastes or other resolution of the matter reasonably satisfactory to Buyer. However, in the event Seller is required to expend any sum in excess of $1,000 to remove any hazardous materials, substances, conditions or wastes, Seller shall have the option to cancel this transaction and refund to Buyer all earnest money paid and declare this Agreement null and void. The expense of any inspection shall be paid by Buyer. The expense of any action necessary to remove or otherwise make safe any hazardous material, substances, conditions or waste shall be paid by Seller, subject to Seller's right to cancel this transaction as provided above. 11. DEED. Upon payment of the Purchase Price, Seller shall convey the Property to Buyer by warranty deed, free and clear of all hens, restrictions, and encumbrances except as provided in this Agreement. General warranties of the title shall extend to the time of delivery of the deed excepting hens and encumbrances suffered or permitted by Buyer. 12. JOINT TENANCY IN PROCEEDS AND IN REAL ESTATE. If Seller, immediately preceding acceptance of the offer, holds title to the Property in joint tenancy with full rights of survivorship, and the joint tenancy is not later destroyed by operation of law or by acts of the 3 Seller, then the proceeds of this sale, and any continuing or recaptured rights of Seller in the Property, shall belong to Seller as joint tenants with full rights of survivorship and not as tenants in common; and Buyer in the event of death of any Seller, agrees to pay any balance of the price due Seller under this contract to the surviving Seller and to accept a deed from the surviving Seller. 13. JOINDER BY SELLER'S SPOUSE. Seller's spouse, if not a title holder immediately preceding acceptance, executes this Agreement only for the purpose of relinquishing all rights of dower, homestead, and distributive share or in compliance with Section 561.13 of the Code of Iowa and agrees to execute the deed or real estate contract for this purpose. 14. STATEMENT AS TO LIENS. If Buyer intends to assume or take subject to a lien on the Property, Seller shall furnish Buyer with a written statement prior to closing from the holder of such lien, showing the correct balance due. 15. USE OF PURCHASE PRICE. At time of settlement, funds of the Purchase Price may be used to pay taxes and other liens and to acquire outstanding interests, if any, of others. 16. 1031 EXCHANGE. N/A. 17. APPROVAL OF COURT. N/A. 18. REMEDIES OF THE PARTIES. A. If Buyer fail to timely perform this Agreement, Seller may forfeit it as provided in the Iowa Code (Chapter 656), and all payments made shall be forfeited; or, at Seller's option, upon thirty days' written notice of intention to accelerate the payment of the entire balance because of Buyer's default (during which thirty days the default is not corrected), Seller may declare the entire balance immediately due and payable. Thereafter this Agreement may be foreclosed in equity and the Court may appoint a receiver. B. If Seller fails to timely perform this Agreement, Buyer has the right to have all payments made returned to it, or Buyer may require specific performance by Seller. C. Buyer and Seller are also entitled to utilize any and all other remedies or actions at law or in equity available to them, and the prevailing parties shall also be entitled to obtain judgment for costs and attorney fees. 19. NOTICE. Any notice under this Agreement shall be in writing and be deemed served when it is delivered by personal delivery or mailed by certified mail, addressed to the parties at the addresses given below. 20. GENERAL PROVISIONS. In the performance of each part of this Agreement, time shall be of the essence. Failure to promptly assert rights herein shall not, however, be a waiver of such rights or a waiver of any existing or subsequent default. This Agreement shall apply to and bind the successors in interest of the parties. This Agreement shall survive the closing. This Agreement contains the entire agreement of the parties and shall not be amended except by a written instrument duly signed by Seller and Buyer. Paragraph headings are for convenience of 4 reference and shall not limit or affect the meaning of this Agreement. Words and phrases herein shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender according to the context. 21. NO REAL ESTATE AGENT OR BROKER. Neither party has used the service of a real estate agent or broker in connection with this transaction. 22. ADDITIONAL PROVISIONS. A. The parties acknowledge that Buyer is acquiring the Property for economic development purposes. Buyer's rights and duties under this Agreement are assignable to any person or entity that will further the economic development objectives contemplated by Buyer. B. Special contingencies to effectiveness of Agreement. Notwithstanding any signatures below by representatives of Buyer, this Agreement is expressly subject to approval by the city council of Buyer and to the city council's approval of an issuance of general obligation bonds to cover the Purchase Price. 23. ENTIRE AGREEMENT. This Agreement represents the entire agreement between the parties, superseding all prior or contemporaneous understandings, negotiations, discussions, or agreements between the parties with respect to the subject matter hereof. 24. ACCEPTANCE. When accepted, this Agreement shall become a binding contract. If not accepted by Seller on or before December 15, 2005, this Agreement shall be null and void. Dated March , 2012 Accepted March , 2012 BUYER SELLER City of Waterloo, Iowa By: Its: By: Its: 5 Jerry Makedonski Printable Map Output Page 1 of 1 Black Hawk Coun Parcel Ma • Parcel ID: 8913-25-405-006 Deed Holder: HEENE FAMILY TRUST Parcel Address: 1823 BLACK HAWK ST, WATERLOO, IA 50702 _ IDs 9 Ix! -�t- - •P. . ---E- _ ': -` s= �, _ .4 n .. - 3" y _ - Y - p _ Legend Selected parceldlm Features roadnamn hospital Aerial Photos airport Black Hawk Co. .t�.rh "4"t_ .._ Perks_ parks twpmg ,,l' Railroads Township Sections " Water P cess fBgMsaFriay Township -` City Lines rallroad dim rrnam mn madden 3 k > _ ��saPi- �A - - _ t }�, v� g {t{'� r.- +4 saw•- S ;- '� .z ea { Map created with ArrliMS. f } y Copyright (C) 1932.2001 LSRi Inc QILII 85't Black Hawk County, Iowa 316 East 5th Street aterloo, Iowa 50703-4774 Phone: (319) 833-3002 Fax: (319) 833-3070 E-mail: auditorco.black-hawk.ia.us.or Map Disclaimer: This map does not represent a survey. No liability is assumed for the accuracy of the data delineated herein, either expressed or implied by Black Hawk County, he Black Hawk County Assessor or their employees. This map is compiled from official records, including plats, surveys, recorded deeds, and contracts, and only contains information required for local govemment purposes. See the recorded documents for more detailed leo al information. http://www2. co.black-hawk.ia.us/servlet/com.esri.esrimap.Esrimap?ServiceName=bhov&... 3/23/2012 Black Hawk County Property Photos There is 1 photo of parcel 891325405006. Page 1 of 1 http://www2.co.black-hawk. ia.us/website/bhmap/bhParlmages.asp?apn=891325405006&a... 3/23/2012 Black Hawk County Detailed Parcel Report Page 1 of 2 BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION Parcel ID Deed Holder Tax Mail to Address 8913-25-405-006 HEENE FAMILY TRUST HEENE,CHARLES S 3232 OSAGE RD WATERLOO, IA 50703-0000 PDF No. Map Area Contract Buyer 4 CWTLO-09 WA 00089 Property Address Current Recorded Transfer 1823 BLACK HAWK ST WATERLOO, IA 50702-1230 Date Drawn Date Filed Recorded Document Type 12/31/2001 1/31/2002 CLD 682033 D SALES BUILDING PERMIT Date Amount NUTC / Type Date Number Amount Reason 8/6/1996 12,000 TRANSFER TO/BY ESTATE / Deed 2/14/2012 WA 00089 4,075 Siding ASSESSED VALUES/CREDITS Year Class 2011 R 100% Value Land Dwelling Building M/E Total Acres 5,510 23,720 0 0 29,230 0 Taxable Value Land Dwelling Building M/E Total 2,796 12,038 0 0 14,834 Year Class 2010 R 100% Value Land Dwelling Building M/E Total Acres 5,900 24,010 0 0 29,910 0 Taxable Value Land Dwelling Building M/E Total 2,863 11,652 0 0 14,515 Year Class 2009 R 100% Value Land Dwelling Building M/E Total Acres 5,900 24,010 0 0 29,910 0 Taxable Value Land Dwelling Building M/E Total 2,768 11,263 0 0 14,031 TAX INFORMATION ASSESSMENT YEAR 2010 PAYABLE 2011/2012 Tax District 941131 - WATERLOO RATH AREA TIF AMD1 Gross Value Taxable Value Military Exemption Levy Rate Gross Tax Net Tax Corp 29,910 14,515 0 42.69322 $619.69 $620.00 Nocorp 0 0 0 0 $0.00 Homestead Credit Disabled Veteran Credit Property Tax Relief Credit Ag Credit Family Farm Credit Corp $0.00 $0.00 $0.00 $0.00 $0.00 Nocorp $0.00 LEGAL HAYES ADDITION ALL LOT 8 BLK 16 EXC W 45 FT LOT 9 BLK 16 http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891325405006 3/23/2012 Black Hawk County Detailed Parcel Report LAND Page 2 of 2 Basis Front Rear Side 1 Side 2 Lot Area Acres Front Foot 75 75 132 132 0 9900 0.227 Totals: Bedrooms Below 4 0 2 0 9900 0.227 DWELLING CHARACTERISTICS Type Style Single -Family / Owner Occupied 1 Story Frame Year Built Area Heat AC ,Attic 1901 784 Yes No None Total Rooms Above Total Rooms Below Bedrooms Above Bedrooms Below 4 0 2 0 Basement Basement Finished Area No Basement Floor 1/2 0 0 Foundation Flooring C Blk Carp / Vinyl Exterior Walls Interior Finish Asb Plas / Fiberbd Roof Asph / Gable Non -Base Heating Floor/Wall Pipeless Handfired Space Heaters 0 Plumbing 1 Full Bath < 1 Mtl Stall Shower Style Area Porch 1S Frame Enclosed 112 1S Frame Open 48 YARD EXTRAS Description Year Built Quantity Plot No. Extended Description Sheds 1960 1 120 SF, Frame, Average Pricing http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891325405006 3/23/2012 Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director CITY OF WATERLOO Council Communication City Council Meeting: March 26, 2012 Prepared: March 23, 2012 Dept. Head Signature: Noel Anderson, Community Planning & Development Director # of Attachments: 1 SUBJECT: Request by Fidelity Towers for approval of First Amendment to Land Lease Agreement for Lease for Cell Tower at C. A. Morris Park Submitted by: Noel Anderson, Community Planning and Development Director Recommended City Council Action: Approval of the First Amendment to Land Lease Agreement and authorize Mayor and City Clerk to sign and fully execute the document. Summary Statement: Council approved a lease with Fidelity Towers in May 2011. The lease allows Fidelity to construct a tower in Morris Park (as shown on Exhbit "B-1"), for continued coverage and service for communication purposes for its customers. The lease will pay rent in the amount of $800 per month upon commencement of lease. The attached amendment will allow for an easement to allow Mid American Energy to deliver power from the South across Ridgeway Avenue. Expenditure Required: None Source of Funds: NA Policy Issue: NA Alternative: NA Background Information: The Leisure Services Commission approved the First Amendment to Land Lease Agreement at the March 13 Commission meeting. CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer FIRST AMENDMENT TO OPTION AND LAND LEASE AGREEMENT This First Amendment to Option and Land Lease Agreement (the "Amendment") is entered into as of , 2012, by and between the City of Waterloo, Iowa, acting by and through its Leisure Services Commission, formerly known as the Board of Park Commissioners ("Owner") and Fidelity Towers Inc., a Nevada corporation ("Tenant"). RECITALS A. Owner and Tenant are parties to a certain Option and Land Lease Agreement dated May 11, 2011 (the "Agreement") concerning the use of land as described in the Agreement. B. The parties desire to amend the Agreement to include an additional easement for utilities. NOW, THEREFORE, in consideration of the mutual promises set forth herein, the parties hereby agree as follows: 1. In addition to the non-exclusive easements provided for in Section 1 of the Agreement, Section 1 shall be and hereby is amended to include an additional non-exclusive easement for utilities, as described in Exhibit "B" to the Agreement and as such additional easement may be depicted in a revised site sketch. Utilities in the additional easement shall be placed underground. Tenant is solely responsible to repair, maintain, inspect, and replace any infrastructure it installs and any surface improvements it makes to, upon, over or under any easement area. If an easement area is disturbed in connection with activities of Tenant or its agents below the ground surface, Tenant shall restore the easement area, as nearly as reasonably possible, to the condition in which it existed before commencement of the activities. 2. Exhibit "B" is hereby stricken in its entirety, and the attached Exhibit "B" is hereby substituted in its place. 3. All other terms of the Agreement remain unmodified and in full force and effect. This Amendment is binding on the parties and the respective heirs, personal representatives, successors and assigns of each. IN WITNESS WHEREOF, the parties have executed this First Amendment to Option and Land Lease Agreement by their duly authorized representatives as of the date first set forth above. [SIGNATURE PAGE FOLLOWS] CITY OF WATERLOO, IOWA LEISURE SERVICES COMMISSION By: By: Ernest G. Clark, Mayor Chairperson Attest: Suzy Schares, City Clerk FIDELITY TOWERS, INC. By: Title: Pre s<oser7/ EXHIBIT "B" TO OPTION AND LAND LEASE AGREEMENT (amended) PREMISES a) Real property comprised of approximately two thousand five hundred (2500) square feet of land b) Non — exclusive easements required to run utility lines and cables c) Non — exclusive easement across Owner's Property (hereinafter defined) for access All as described below and as shown on the site sketch attached as Exhibit B-1. PROPOSED LEASE AREA: That part of the East 660 feet of the South One-half of the Southwest Quarter of the Southwest Quarter of Section 36, Township 89 North, Range 13 West of the Fifth Principal Meridian, in the City of Waterloo, Black Hawk County, Iowa, described as follows; Commencing at the intersection of the east right-of-way line of West Eleventh Street and the north right- of-way line of East Ridgeway Avenue; Thence North 01 degrees 29 minutes 16 seconds West, along said east right-of-way line, a distance of 127.78 feet; Thence North 75 degrees 04 minutes 22 seconds East, a distance of 185.07 feet; Thence North 01 degrees 29 minutes 16 seconds West, a distance of 3.29 feet to the point of beginning; Thence continuing North 01 degrees 29 minutes 16 seconds West, a distance of 50.00 feet; Thence North 88 degrees 30 minutes 44 seconds East, a distance of 50.00 feet; Thence South 01 degrees 29 minutes 16 seconds East, a distance of 50.00 feet; Thence South 88 degrees 30 minutes 44 seconds West, a distance of 50.00 feet to the point of beginning. PROPOSED ACCESS AND UTILITY EASEMENT: An easement for ingress, egress and utility purposes over, under and across that part of the East 660 feet of the South One-half of the Southwest Quarter of the Southwest Quarter of Section 36, Township 89 North, Range 13 West of the Fifth Principal Meridian, in the City of Waterloo, Black Hawk County, Iowa, described as follows; Commencing at the intersection of the east right-of-way line of West Eleventh Street and the north right- of-way line of East Ridgeway Avenue; Thence North 01 degrees 29 minutes 16 seconds West, along said east right-of-way line, a distance of 107.22 feet to the point of beginning; Thence North 01 degrees 29 minutes 16 seconds West, continuing along said east right-of-way line, a distance of 20.56 feet; Thence North 75 degrees 04 minutes 22 seconds East, a distance of 185.07 feet; Thence North 01 degrees 29 minutes 16 seconds West, a distance of 3.29 feet; Thence North 88 degrees 30 minutes 44 seconds East, a distance of 45.00 feet; Thence South 01 degrees 29 minutes 16 seconds East, a distance of 10.00 feet; Thence South 88 degrees 30 minutes 44 seconds West, a distance of 25.00 feet; Thence South 01 degrees 29 minutes 16 seconds East, a distance of 9.07 feet; Thence South 75 degrees 04 minutes 22 seconds West, a distance of 205.63 feet to the point of beginning. PROPOSED UTILITY EASEMENT: A 10 -foot wide easement for utility purposes over, under and across that part of the East 660 feet of the South One-half of the Southwest Quarter of the Southwest Quarter of Section 36, Township 89 North, Range 13 West of the Fifth Principal Meridian, in the City of Waterloo, Black Hawk County, Iowa, described as follows. The centerline of said easement being described as follows: Commencing at the intersection of the east right-of-way line of West Eleventh Street and the north right- of-way line of East Ridgeway Avenue; Thence North 01 degrees 29 minutes 16 seconds West, along said east right-of-way line, a distance of 107.22 feet; Thence North 01 degrees 29 minutes 16 seconds West, continuing along said east right-of-way line, a distance of 20.56 feet; Thence North 75 degrees 04 minutes 22 seconds East, a distance of 185.07 feet; Thence North 01 degrees 29 minutes 16 seconds West, a distance of 3.29 feet; Thence North 88 degrees 30 minutes 44 seconds East, a distance of 45.00 feet; Thence South 01 degrees 29 minutes 16 seconds East, a distance of 10.00 feet; Thence South 88 degrees 30 minutes 44 seconds West, a distance of 5.00 feet to the point of beginning of said centerline to be described; Thence South 01 degrees 29 minutes 16 seconds East, a distance of 167.68 feet more or less to the said north right-of-way line of East Ridgeway Avenue and said centerline there terminating. The sidelines of said easement shall be prolonged or shortened to terminate at said north right-of-way line of East Ridgeway Avenue and a line running North 88 degrees 30 minutes 44 seconds East and South 88 degrees 30 minutes 44 seconds West from the point of beginning. TCTT I. 'alE SQEA — 25,73 SO FT EXHIBIT "B-1" TO OPTION AND LAND LEASE AGREEMENT SITE SKETCH 4 sr' Ar;E R4.)21;raiveNT rer_re°ff�'G �` LE.SE • I:l?�Il1Y.. FFAC£ —Nb':Yl'a�'J•= LL; FE W2 9481 :rr tL�lll::':aL IkF(Sn'4l+TCAi: [E4TE' Cf 1211—;' &7EaLTi hiE Lcbc: 4e 2't A2.K.v YF BES: 015:4• **Al ,REE afa;?.ETE . =ESS ORK--i EFt%3TES ^.G Yi]E ACCESS GFLi.Tllr :' F1_EVII11- CCraRAcTQ4 SWLL 61::11.7141 , E F E I E`FTH. e ..•' /,1�`: �� _i`a. ._.."�_' _�. :FUeQ3 .`'`.�. d' WC Fut castiM(7 . N1=H xTgCt1 +�. htrdir LEN sTN = LTLP EASE,NNf .-POa,,,,C +. Pet; 41 ? ^"``-,—^- +.;r cs:{7l 11 9�z.: xTfH :LLSTri'~w Flat 7F3, ff� efAryE er k-cE;f '��yy n Et.. t,.-XY IwTE "" �E TI=. ATIH , arnH E'!,tx ...ret p'saT 1_EFo•D1 f,,,Prr?::<. LF4T4 ]4} gi "lt+Te+�^T�%+ FWl1 4D4'€ 1 S --` E11f'TNi 5.,,,F ,... -ET; hE4TLi: 1{ 1 1 1 "fit_ . Turr Fu G. i5 T 3QN; I ur'r EA,ZYINT i 1'AX:Ft:.£Tx i.`1ury ==7E (I E (5H vntiT! Y"vna» 1 :R'Itr .vAgX "°••••, .i°�r,. i1P1 '.'�iI$iE�b 7C4.19 (fir 111Llh^ ":e::f8?1NYj EAN11 011.17Y PCILE 1 aE :•Ew. .::;:tr Lm.nY :aw=. w: FEL \F. FY L:C 1) I e Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4368 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director CITY OF WATERLOO Council Communication City Council Meeting: March 26, 2012 Prepared: March 23, 2012 Dept. Head Signature: Noel Anderson, Community Planning & Development Director # of Attachments: 1 SUBJECT: Request by Fidelity Towers for approval of a Memorandum of Lease for Cell Tower Agreement at C. A. Morris Park Submitted by: Noel Anderson, Community Planning and Development Director Recommended City Council Action: Approval of the Memorandum of Lease and authorize Mayor and City Clerk to sign and fully execute the document. Summary Statement: Council approved a lease with Fidelity Towers in May 2011. The lease allows Fidelity to construct a tower in Morris Park (as shown on Exhbit "B-1"), for continued coverage and service for communication purposes for its customers. The lease will pay rent in the amount of $800 per month upon commencement of lease. Fidelity now is requesting a Memorandum of Lease to have documentation on file with the County that shows the tenant's interest in the property is recorded. The attached Memorandum will accomplish their request, and the City Attorney's office has reviewed the documents for approval. Expenditure Required: None Source of Funds: NA Policy Issue: NA Alternative: NA Background Information: The Leisure Services Commission approved the First Amendment to Land Lease Agreement at the March 13 Commission meeting. CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer PREPARED BY AND WHEN RECORDED RETURN TO: Fidelity Towers, Inc. 7539 East Stroh Road Parker, CO 80134 MEMORANDUM OF LEASE This Memorandum of Lease ("Memorandum") is made this day of , 2012, by and between the City of Waterloo, Iowa, acting by and through the Leisure Services Commission, formerly known as the Board of Park Commissioners, ("Owner"), whose address is City Hall, 715 Mulberry Street, Waterloo, Iowa, 50703, and Fidelity Towers Inc., a Nevada corporation ("Tenant"), whose office address is 7539 East Stroh Road, Parker, Colorado 80134. BACKGROUND WHEREAS, Owner is the owner of a certain parcel of land as more fully described on Exhibit "A" attached hereto (the "Property"); and WHEREAS, Owner and Tenant are parties to that certain Option and Land Lease Agreement dated May 11, 2011, and any amendments thereto (collectively the "Lease"), which Lease pertains to certain land to which Owner has granted and Tenant has accepted a real property interest in and to and which is a portion of the Property. The location of said portion of property is more particularly described on Exhibit "B" attached hereto and incorporated herein by this reference (hereinafter the "Premises"); and WHEREAS, the Lease further grants to Tenant a non-exclusive easement to access the Premises and for the installation and maintenance of utilities, over the Property which are set forth in Exhibit "B" attached hereto; and WHEREAS, the parties desire to establish record notice of the existence of the Lease and the status of the rights and interests thereunder through the recording of this Memorandum in the public records. OPERATIVE PROVISIONS NOW, THEREFORE, for and in consideration of the sum of $10.00, the mutual covenants contained herein, as well as other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Owner and Tenant hereby state and agree as follows: 1. The Background recitals hereinabove are true and correct and are incorporated herein by this reference. Site Name: Waterloo Site #: IA2001 2. Owner and Tenant hereby confirm the terms, conditions, provisions and obligations under the Lease, together with any amendments thereto; provided, however, that in the event of any conflict between the provisions hereof and the Lease, the terms of the Lease shall control. 3. The Lease contains an Option, effective for a term of twelve (12) months from May 11, 2011, with up to one additional twelve (12) month renewal ("Option Period"). 4. The Lease provides for an initial term of five (5) years, commencing on the "Commencement Date" as set forth in the Lease, but in no event after the expiration of the Option Period, with five (5) automatic renewal options of an additional five (5) years each, at Tenant's discretion. 5. The Lease also provides for Tenant's right to utilize the Premises to construct, install, remove, replace, operate and maintain a Communications Facility, and to also lease or sublease portions of the Premises to third parties for such purposes, subject to the terms of the Lease, as well as use of the easements for access and utilities. 6. The parties consent to the recording of this Memorandum in the public records of the county in which the Property is situated and agree that this Memorandum shall be executed in recordable form. 7. If Tenant does not exercise its Option under the Lease during the Option Period, Tenant agrees to promptly sign and deliver a release of this Memorandum to Owner upon the request of Owner. IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Lease as of the date first written above. [SIGNATURE BLOCKS APPEAR ON THE FOLLOWING PAGES] Site Name: Waterloo Site #: IA2001 Witnesses: Name: Name: STATE OF COUNTY OF OWNER: City of Waterloo, Iowa, acting by and through the Leisure Services Commission, formerly known as the Board of Park Commissioners By: Name: Title: Date: The foregoing instrument was acknowledged before me this day of , 2012, by , as of the ., a . He is either personally known to me or has produced (type of identification) as identification. NOTARY SEAL: Name: Notary — State of My Commission Expires: Site Name: Waterloo Site #: 1A2001 Witnesses: Name: ; C Name: ,Fvos., STATE OF COLORADO COUNTY OF DOUGLAS TENANT: FIDELITY TOWERS INC. a Nevada corporation By: Name: Neil Wiser As Its: President Date: -ZD- /2- The Z The foregoing instrument was acknowledged before me this 221-1day of C-eb , 2012, by Neil Wiser, as President of Fidelity Towers Inc., a Nevada corporation on behalf of the corporation. Nota Signature Notary Name: r \, be'CH 03 be My Commission Expires: Site Name: Waterloo Site #: IA2001 3--k-) -20 k 5 NOTARY SEAL KIMBERLY GABEL NOTARY PUBLIC STATE OF COLORADO My Commission Expires 03/30/2015 Exhibit "A" Property The East 660 feet of the South One-half of the Southwest Quarter of the Southwest Quarter of Section 36, Township 89 North, Range 13 West of the Fifth Principal Meridian, in the City of Waterloo, Black Hawk County, Iowa, except those parts conveyed to the City of Waterloo, Iowa, in 114 LD 503 and 116 LD 457. Site Name: Waterloo Site #: IA2001 Exhibit "B" Premises PROPOSED LEASE AREA: That part of the East 660 feet of the South One-half of the Southwest Quarter of the Southwest Quarter of Section 36, Township 89 North, Range 13 West of the Fifth Principal Meridian, in the City of Waterloo, Black Hawk County, Iowa, described as follows; Commencing at the intersection of the east right-of-way line of West Eleventh Street and the north right-of-way line of East Ridgeway Avenue; Thence North 01 degrees 29 minutes 16 seconds West, along said east right-of-way line, a distance of 127.78 feet; Thence North 75 degrees 04 minutes 22 seconds East, a distance of 185.07 feet; Thence North 01 degrees 29 minutes 16 seconds West, a distance of 3.29 feet to the point of beginning; Thence continuing North 01 degrees 29 minutes 16 seconds West, a distance of 50.00 feet; Thence North 88 degrees 30 minutes 44 seconds East, a distance of 50.00 feet; Thence South 01 degrees 29 minutes 16 seconds East, a distance of 50.00 feet; Thence South 88 degrees 30 minutes 44 seconds West, a distance of 50.00 feet to the point of beginning. PROPOSED ACCESS AND UTILITY EASEMENT: An easement for ingress, egress and utility purposes over, under and across that part of the East 660 feet of the South One- half of the Southwest Quarter of the Southwest Quarter of Section 36, Township 89 North, Range 13 West of the Fifth Principal Meridian, in the City of Waterloo, Black Hawk County, Iowa, described as follows; Commencing at the intersection of the east right-of-way line of West Eleventh Street and the north right-of-way line of East Ridgeway Avenue; Thence North 01 degrees 29 minutes 16 seconds West, along said east right-of-way line, a distance of 107.22 feet to the point of beginning; Thence North 01 degrees 29 minutes 16 seconds West, continuing along said east right- of-way line, a distance of 20.56 feet; Thence North 75 degrees 04 minutes 22 seconds East, a distance of 185.07 feet; Thence North 01 degrees 29 minutes 16 seconds West, a distance of 3.29 feet; Thence North 88 degrees 30 minutes 44 seconds East, a distance of 45.00 feet; Thence South 01 degrees 29 minutes 16 seconds East, a distance of 10.00 feet; Thence South 88 degrees 30 minutes 44 seconds West, a distance of 25.00 feet; Thence South 01 degrees 29 minutes 16 seconds East, a distance of 9.07 feet; Thence South 75 degrees 04 minutes 22 seconds West, a distance of 205.63 feet to the point of beginning. PROPOSED UTILITY EASEMENT: A 10 -foot wide easement for utility purposes over, under and across that part of the East 660 feet of the South One-half of the Southwest Quarter of the Southwest Quarter of Section 36, Township 89 North, Range 13 West of the Fifth Principal Meridian, in the City of Waterloo, Black Hawk County, Iowa, described as follows. The centerline of said easement being described as follows: Commencing at the intersection of the east right-of-way line of West Eleventh Street and the north right-of-way line of East Ridgeway Avenue; Thence North 01 degrees 29 minutes 16 seconds West, along said east right-of-way line, a distance of 107.22 feet; Thence North 01 degrees 29 minutes 16 seconds West, continuing along said east right-of-way line, a distance of 20.56 feet; Thence North 75 degrees 04 minutes 22 seconds East, a distance of 185.07 feet; Thence North 01 degrees 29 minutes 16 seconds West, a distance of 3.29 feet; Thence North 88 degrees 30 minutes 44 seconds East, a distance of 45.00 feet; Thence South 01 degrees 29 minutes 16 seconds East, a distance of 10.00 feet; Thence South 88 degrees 30 minutes 44 seconds West, a distance of 5.00 feet to the point of beginning of said centerline to be described; Thence South 01 degrees 29 minutes 16 seconds East, a distance of 167.68 feet more or Less to the said north right-of-way line of East Ridgeway Avenue and said centerline there terminating. The sidelines of said easement shall be prolonged or shortened to terminate at said north right-of-way line of East Ridgeway Avenue and a line running North 88 degrees 30 minutes 44 seconds East and South 88 degrees 30 minutes 44 seconds West from the point of beginning. Site Name: Waterloo Site #: IA2001 Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director CITY OF WATERLOO Council Communication City Council Meeting: March 26, 2012 Prepared: March 23, 2012 Dept. Head Signature: Noel Anderson, Community Planning & Development Director # of Attachments: 1 SUBJECT: Approval of a Development Agreement between the City of Waterloo and CDoyle Properties LLC for property located at 216-218 East 4th Street, to place a Minimum Assessment amount on property for 5 years at $206,260. Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: Resolution approving amendment Summary Statement: This action will put in place a Minimum Assessment Agreement for improvements previously completed at 216-218 East 4th Street as a part of this block's overall redevelopment. The document would place a Minimum Assessment on the property — 8913-25-103-022 — of $206,260 for a 5 - year period. Expenditure Required: $0.00 Source of Funds: NA Policy Issue: Economic Development within the City of Waterloo. Alternative: NA Background Information: The City of Waterloo continues to work towards new development, redevelopment, and cleanup of deteriorating sites in and near Downtown Waterloo. This project from 1996 brought forth a great wave a redevelopment and reinvestment in Downtown Waterloo, while also eliminating a dilapidated site that was stopping such reinvestment and redevelopment. CITY WEBSITE: www.ci.waterlooda.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is made and entered into as of , by and between CDoyle Properties, L.L.C. (the "Company") and the City of Waterloo, Iowa (the "City"). WHEREAS, City considers economic development within the City a benefit to the community and is willing for the total good and welfare of the community to provide financial incentives so as to encourage that goal, and WHEREAS, Company has undertaken improvements on property located in the Downtown Waterloo Urban Renewal and Redevelopment Plan Area. NOW, THEREFORE, in consideration of the mutual promises exchanged herein, Company and City agree as follows: 1. Improvements by Company. The parties confirm that Company has undertaken significant improvements on real property described on Exhibit "A" hereto (the "Property") that have resulted in an upgraded office facility (the "Improvements"). Company agrees to exercise good faith efforts, consistent with its own business plans and needs, to maintain the Improvements in a good state of repair and usefulness. 2. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other charges whatsoever levied upon or assessed or placed against the Property. Company further agrees that prior to the date set forth in Section 2 of Exhibit "B" it will not seek or cause a reduction in the taxable valuation for the Property, which shall be fixed for assessment purposes, below the amount of $206,260 ("Minimum Actual Value"), through: either; (i) willful destruction of the Property, the Improvements, or any part of (ii) a request to the assessor of Black Hawk County; or (iii) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Company agrees to sign said attached Exhibit "A" at the closing. 3. 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. 1 4. 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. 5. 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. 6. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight delivery service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and City Planner. (b) if to Company, to CDoyle Properties, L.L.C., P.O. Box 97, Cedar Falls, Iowa, 50613. 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 delivery 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. 7. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by its duly authorized representative, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 2 8. 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. 9. 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. 10. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 11. 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. 12. Entire Agreement. This Agreement, together with the Minimum Assessment Agreement attached hereto as Exhibit "B" and all other exhibits hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 13. 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 written above. CITY OF WATERLOO, IOWA CDOYLE PROPERTIES, L.L.C. By: By: Ernest G. Clark, Mayor Attest: Suzy Schares, City Clerk 3 Title: EXHIBIT "A" Description of the Property See attached legal description of assessor parcel no. 8913-25-103-022. EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT THIS MINIMUM ASSESSMENT AGREEMENT, is dated as of , by and among the City of Waterloo, Iowa ("City"), CDoyle Properties, L.L.V. ("Company"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Company have entered into a Development Agreement (the "Agreement") regarding certain real property located in the City and legally described on Exhibit "A" hereto (the "Property"); and WHEREAS, pursuant to said Agreement the Company has undertaken the development of an area ("Project") within the City and within the Downtown Renewal and Redevelopment Plan area. WHEREAS, pursuant to Iowa Code section 403.6, as amended, the City and the Company desire to establish a minimum actual value for the land and improvements constructed thereon pursuant to the Agreement and applicable only to the development, effective until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and building as to the development only; and WHEREAS, the City and the Assessor have reviewed the plans and specifications for the improvements erected as a part of the development; NOW, THEREFORE, the parties to this Minimum Assessment Agreement, in consideration of the promises, covenants and agreements made by each other, do hereby agree as follows: 1. The minimum actual taxable value which shall be fixed for assessment purposes for the land and improvements constructed on the Property by the Company as a part of the Project shall not be less than $206,260 ("Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the improvements has been substantially completed on or before December 31, 2010 and that the Minimum Actual Value reflects the assessment as of January 1, 2011. 2. The Minimum Actual Value herein established shall be of no further force and effect, and this Minimum Assessment Agreement shall terminate on December 31, 2016. Nothing herein shall be deemed to waive the Company's rights under Iowa Code § 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Company seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. The City shall not unreasonably withhold its consent to permit the Company to contest its taxable valuations in full, commencing with the assessment as of January 1, 2017. 3. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 4. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 5. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, including but not limited to future owners of the Project property. City of Waterloo, Iowa CDoyle Properties, L.L.C. By: Ernest G. Clark, Mayor Attest: Suzy Schares, City Clerk STATE OF IOWA ) ss. COUNTY OF BLACK HAWK Title: On , before me, a Notary Public in and for the State of Iowa, personally appeared Ernest G. Clark and Suzy Schares, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. 2 STATE OF IOWA ) ss. COUNTY OF BLACK HAWK Notary Public Subscribed and sworn to before me on Meda 3 < O(, by Hai ai ft. / ;!7 Ps LC_ as 00)(L, ro of CDoyie Properties,'L.L.C. ac (L Notary Public, State owa 3 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements constructed and the market value assigned to the land upon which the improvements have been constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land, building and equipment upon completion of the development shall not be less than Two Hundred Six Thousand Two Hundred Sixty and 00/100 ($206,260.00) in the aggregate, until termination of this Minimum Assessment Agreement pursuant to the terms hereof. Assessor for Black Hawk County, Iowa Date STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on , by , Assessor for Black Hawk County, Iowa. Notary Public AMENDMENT TO DEVELOPMENT AGREEMENT This Amendment to Development Agreement (the "Amendment") is entered into as of , 2011, by and between the City of Waterloo, Iowa ("City") and Cedar Skyline Corporation ("Company"). RECITALS A. Company and City were parties to that certain Development Agreement dated September 23, 1999 (the "Agreement") concerning the development of land (the "Property") described on Exhibit "B" to the Agreement. B. Before entering into the Agreement, the City made a loan to Company in the principal amount of $250,000 on or about April 30, 1996 (the "Loan"), and the Loan was secured by a Real Estate Mortgage filed July 31, 1996 in 756 CLM 619 (the "Mortgage") covering the Property. The purpose of the Loan was to assist Company in undertaking certain demolition and rehabilitation activities on the Property. Company has completed the intended activities. C. The Agreement failed to state the parties' intention that the Loan would be forgivable following completion of Company's faithful performance under the Agreement. NOW, THEREFORE, in consideration of the premises and of other consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. The Agreement is hereby amended to provide that the Loan is forgiven as of the date hereof and that the Mortgage is released and discharged. A release of the Mortgage in the form attached hereto as Exhibit "A" will be promptly filed in the county land records. IN WITNESS WHEREOF, the parties have executed this Amendment to Development Agreement as of the date first set forth above. CEDAR SKYLINE CORPORATION CITY OF WATERLOO, IOWA By: Title: By: Ernest G. Clark, Mayor By: Suzy Schares, City Clerk EXHIBIT "A" See attached mortgage release. Prepared by Christopher S. Wendland, P.O. Box 596, Waterloo, IA 50704. 319-234-5701 RELEASE AND SATISFACTION OF REAL ESTATE MORTGAGE The undersigned, the present owner(s) of the mortgage hereinafter described, do(es) hereby acknowledge that a certain real estate mortgage dated April 30, 1996 made and executed by Cedar Skyline Corporation, mortgagor, to the City of Waterloo, Iowa, mortgagee, and filed July 31, 1996 in the records of the office of the Recorder of Black Hawk County, Iowa, in 756 CLM 619, is satisfied and discharged in full. Words and phrases herein, including acknowledgement hereof, shall be construed as in the singular or plural number, and as masculine, feminine, or neuter gender, according to the context. Dated CITY OF WATERLOO, IOWA By: Ernest G. Clark, Mayor Attest: STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) Suzy Schares, City Clerk Acknowledged before me on , by Ernest G. Clark and Suzy Schares, as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. Notary Public Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE S CHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director CITY OF WATERLOO Council Communication City Council Meeting: March 26, 2012 Prepared: March 23, 2012 Dept. Head Signature: Noel Anderson, Community Planning & Development Director # of Attachments: 1 SUBJECT: Approval of an agreement between the City of Waterloo and Sycam Orr LLC for property located at 616-622 Sycamore Street to allow for a skywalk connection between private building and city parking ramp. Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: Resolution approving agreement Summary Statement: The City is working on an agreement to allow for the connection, by skywalk, of the property at 616-622 Sycamore Street. As you may recall from recent Courier articles, this property is being renovated for upper floor residential as well as renovation of the former Elk's Club / Brown Derby space. The skywalk would be in the rear of the building, passing over a private alleyway, and connecting into the City's parking ramp. The connection will allow for more efficient parking choices for events in the building. Expenditure Required: $0.00 Source of Funds: NA Policy Issue: Economic Development within the City of Waterloo. Alternative: NA Background Information: The City of Waterloo continues to work towards new development, redevelopment, and cleanup of deteriorating sites in and near Downtown Waterloo. Higher and better utilization of the City's parking ramps is always a priority. CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director CITY OF WATERLOO Council Communication City Council Meeting: March 26, 2012 Prepared: March 23, 2012 Dept. Head Signature: Noel Anderson, Community Planning & Development Director # of Attachments: 1 SUBJECT: Request by Fidelity Towers for approval of First Amendment to Land Lease Agreement for Lease for Cell Tower at C. A. Morris Park Submitted by: Noel Anderson, Community Planning and Development Director Recommended City Council Action: Approval of the First Amendment to Land Lease Agreement and authorize Mayor and City Clerk to sign and fully execute the document. Summary Statement: Council approved a lease with Fidelity Towers in May 2011. The lease allows Fidelity to construct a tower in Morris Park (as shown on Exhbit "B-1"), for continued coverage and service for communication purposes for its customers. The lease will pay rent in the amount of $800 per month upon commencement of lease. The attached amendment will allow for an easement to allow Mid American Energy to deliver power from the South across Ridgeway Avenue. Expenditure Required: None Source of Funds: NA Policy Issue: NA Alternative: NA Background Information: The Leisure Services Commission approved the First Amendment to Land Lease Agreement at the March 13 Commission meeting. CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer FIRST AMENDMENT TO OPTION AND LAND LEASE AGREEMENT This First Amendment to Option and Land Lease Agreement (the "Amendment") is entered into as of , 2012, by and between the City of Waterloo, Iowa, acting by and through its Leisure Services Commission, formerly known as the Board of Park Commissioners ("Owner") and Fidelity Towers Inc., a Nevada corporation ("Tenant"). RECITALS A. Owner and Tenant are parties to a certain Option and Land Lease Agreement dated May 11, 2011 (the "Agreement") concerning the use of land as described in the Agreement. B. The parties desire to amend the Agreement to include an additional easement for utilities. NOW, THEREFORE, in consideration of the mutual promises set forth herein, the parties hereby agree as follows: 1. In addition to the non-exclusive easements provided for in Section 1 of the Agreement, Section 1 shall be and hereby is amended to include an additional non-exclusive easement for utilities, as described in Exhibit "B" to the Agreement and as such additional easement may be depicted in a revised site sketch. Utilities in the additional easement shall be placed underground. Tenant is solely responsible to repair, maintain, inspect, and replace any infrastructure it installs and any surface improvements it makes to, upon, over or under any easement area. If an easement area is disturbed in connection with activities of Tenant or its agents below the ground surface, Tenant shall restore the easement area, as nearly as reasonably possible, to the condition in which it existed before commencement of the activities. 2. Exhibit "B" is hereby stricken in its entirety, and the attached Exhibit "B" is hereby substituted in its place. 3. All other terms of the Agreement remain unmodified and in full force and effect. This Amendment is binding on the parties and the respective heirs, personal representatives, successors and assigns of each. IN WITNESS WHEREOF, the parties have executed this First Amendment to Option and Land Lease Agreement by their duly authorized representatives as of the date first set forth above. [SIGNATURE PAGE FOLLOWS ] CITY OF WATERLOO, IOWA LEISURE SERVICES COMMISSION By: By: Ernest G. Clark, Mayor Chairperson Attest: Suzy Schares, City Clerk FIDELITY TOWERS, INC. By: Title: Pre Pre sV 04'7/ EXHIBIT "B" TO OPTION AND LAND LEASE AGREEMENT (amended) PREMISES a) Real property comprised of approximately two thousand five hundred (2500) square feet of land b) Non — exclusive easements required to run utility lines and cables c) Non — exclusive easement across Owner's Property (hereinafter defined) for access All as described below and as shown on the site sketch attached as Exhibit B-1. PROPOSED LEASE AREA: That part of the East 660 feet of the South One-half of the Southwest Quarter of the Southwest Quarter of Section 36, Township 89 North, Range 13 West of the Fifth Principal Meridian, in the City of Waterloo, Black Hawk County, Iowa, described as follows; Commencing at the intersection of the east right-of-way line of West Eleventh Street and the north right- of-way line of East Ridgeway Avenue; Thence North 01 degrees 29 minutes 16 seconds West, along said east right-of-way line, a distance of 127.78 feet; Thence North 75 degrees 04 minutes 22 seconds East, a distance of 185.07 feet; Thence North 01 degrees 29 minutes 16 seconds West, a distance of 3.29 feet to the point of beginning; Thence continuing North 01 degrees 29 minutes 16 seconds West, a distance of 50.00 feet; Thence North 88 degrees 30 minutes 44 seconds East, a distance of 50.00 feet; Thence South 01 degrees 29 minutes 16 seconds East, a distance of 50.00 feet; Thence South 88 degrees 30 minutes 44 seconds West, a distance of 50.00 feet to the point of beginning. PROPOSED ACCESS AND UTILITY EASEMENT: An easement for ingress, egress and utility purposes over, under and across that part of the East 660 feet of the South One-half of the Southwest Quarter of the Southwest Quarter of Section 36, Township 89 North, Range 13 West of the Fifth Principal Meridian, in the City of Waterloo, Black Hawk County, Iowa, described as follows; Commencing at the intersection of the east right-of-way line of West Eleventh Street and the north right- of-way line of East Ridgeway Avenue; Thence North 01 degrees 29 minutes 16 seconds West, along said east right-of-way line, a distance of 107.22 feet to the point of beginning; Thence North 01 degrees 29 minutes 16 seconds West, continuing along said east right-of-way line, a distance of 20.56 feet; Thence North 75 degrees 04 minutes 22 seconds East, a distance of 185.07 feet; Thence North 01 degrees 29 minutes 16 seconds West, a distance of 3.29 feet; Thence North 88 degrees 30 minutes 44 seconds East, a distance of 45.00 feet; Thence South 01 degrees 29 minutes 16 seconds East, a distance of 10.00 feet; Thence South 88 degrees 30 minutes 44 seconds West, a distance of 25.00 feet; Thence South 01 degrees 29 minutes 16 seconds East, a distance of 9.07 feet; Thence South 75 degrees 04 minutes 22 seconds West, a distance of 205.63 feet to the point of beginning. PROPOSED UTILITY EASEMENT: A 10 -foot wide easement for utility purposes over, under and across that part of the East 660 feet of the South One-half of the Southwest Quarter of the Southwest Quarter of Section 36, Township 89 North, Range 13 West of the Fifth Principal Meridian, in the City of Waterloo, Black Hawk County, Iowa, described as follows. The centerline of said easement being described as follows: Commencing at the intersection of the east right-of-way line of West Eleventh Street and the north right- of-way line of East Ridgeway Avenue; Thence North 01 degrees 29 minutes 16 seconds West, along said east right-of-way line, a distance of 107.22 feet; Thence North 01 degrees 29 minutes 16 seconds West, continuing along said east right-of-way line, a distance of 20.56 feet; Thence North 75 degrees 04 minutes 22 seconds East, a distance of 185.07 feet; Thence North 01 degrees 29 minutes 16 seconds West, a distance of 3.29 feet; Thence North 88 degrees 30 minutes 44 seconds East, a distance of 45.00 feet; Thence South 01 degrees 29 minutes 16 seconds East, a distance of 10.00 feet; Thence South 88 degrees 30 minutes 44 seconds West, a distance of 5.00 feet to the point of beginning of said centerline to be described; Thence South 01 degrees 29 minutes 16 seconds East, a distance of 167.68 feet more or less to the said north right-of-way line of East Ridgeway Avenue and said centerline there terminating. The sidelines of said easement shall be prolonged or shortened to terminate at said north right-of-way line of East Ridgeway Avenue and a line running North 88 degrees 30 minutes 44 seconds East and South 88 degrees 30 minutes 44 seconds West from the point of beginning. • EXHIBIT "B-1" TO OPTION AND LAND LEASE AGREEMENT SITE SKETCH ?RCERISE 1D9' LNG II 11" 41:E a RNETE 4=SS NEE PEC4CSEE 2II' 1fr1DE .RCMS - O &1lUr'' E4CEIRERE EINNACIN SHILL BRINE THU FISSIh 444Q r, ,,XeiS CARVE a EFFSEr F.?.',k NA:WKS FERCEKMl F ,,�-awx;-uKr. FEScE '....$$YEeE` e-4tFS..44 aTu9. ' ACIRRILv.L IaFCAW47E3a CE'I E4 Cf 12(4* !a1E4L1H W.'LE NT: 4r :20' (2,8 iie 4Y IRS 412.1V InEV) 91ER' AWS --.„^,-••- "^--:44INCIEiT a.), d" PL FOR V'tiEi, C= WIR4-1E OCNIESTINI SRH SERV E MAIMS S 4FFION LE4T1I = P-.YSFWES.1. ACE E4 E.EN.T yip.. ^?>f'Sa t3 Sz3 +' twat': *TM IU;T l F 4 \''`.. '+� rte. *"�t�Nt4TE C::+auE"TI ifn1 SERVICE REINS:E? NNW:4C LEVAN . ±9�' TWIN 14.11. EERIER_ 44.1. ST4C SERIF.CES SIMMER ataaaalltN iLR'f EbX•ETrT ..., PAraf ,£G ':TILRY RELE {3t LIMY C RhY t� 3),: » 1 '14�LL 4E1gn£ E 1 II±w :t+Er :K;1E'+'ss ' l;( % /AFR9E NE Ai SHLI "RENT IPM NE Ai 511E ft U1 a•COF/R lI wxa' 's rr f55s"ix"i'$J33 t twmaya :avow , CREME.) WWE4 411UV Dana i:11LRY !41 LE TG uE HENCE) 44).:RLR ::114.. . FEL) dINFY L"CXRCE n B Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director CITY OF WATERLOO Council Communication City Council Meeting: March 26, 2012 Prepared: March 23, 2012 Dept. Head Signature: Noel Anderson, Community Planning & Development Director # of Attachments: 1 SUBJECT: Request by Fidelity Towers for approval of a Memorandum of Lease for Cell Tower Agreement at C. A. Morris Park Submitted by: Noel Anderson, Community Planning and Development Director Recommended City Council Action: Approval of the Memorandum of Lease and authorize Mayor and City Clerk to sign and fully execute the document. Summary Statement: Council approved a lease with Fidelity Towers in May 2011. The lease allows Fidelity to construct a tower in Morris Park (as shown on Exhbit "B-1"), for continued coverage and service for communication purposes for its customers. The lease will pay rent in the amount of $800 per month upon commencement of lease. Fidelity now is requesting a Memorandum of Lease to have documentation on file with the County that shows the tenant's interest in the property is recorded. The attached Memorandum will accomplish their request, and the City Attorney's office has reviewed the documents for approval. Expenditure Required: None Source of Funds: NA Policy Issue: NA Alternative: NA Background Information: The Leisure Services Commission approved the First Amendment to Land Lease Agreement at the March 13 Commission meeting. CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer PREPARED BY AND WHEN RECORDED RETURN TO: Fidelity Towers, Inc. 7539 East Stroh Road Parker, CO 80134 MEMORANDUM OF LEASE This Memorandum of Lease ("Memorandum") is made this day of , 2012, by and between the City of Waterloo, Iowa, acting by and through the Leisure Services Commission, formerly known as the Board of Park Commissioners, ("Owner"), whose address is City Hall, 715 Mulberry Street, Waterloo, Iowa, 50703, and Fidelity Towers Inc., a Nevada corporation ("Tenant"), whose office address is 7539 East Stroh Road, Parker, Colorado 80134. BACKGROUND WHEREAS, Owner is the owner of a certain parcel of land as more fully described on Exhibit "A" attached hereto (the "Property"); and WHEREAS, Owner and Tenant are parties to that certain Option and Land Lease Agreement dated May 11, 2011, and any amendments thereto (collectively the "Lease"), which Lease pertains to certain land to which Owner has granted and Tenant has accepted a real property interest in and to and which is a portion of the Property. The location of said portion of property is more particularly described on Exhibit "B" attached hereto and incorporated herein by this reference (hereinafter the "Premises"); and WHEREAS, the Lease further grants to Tenant a non-exclusive easement to access the Premises and for the installation and maintenance of utilities, over the Property which are set forth in Exhibit "B" attached hereto; and WHEREAS, the parties desire to establish record notice of the existence of the Lease and the status of the rights and interests thereunder through the recording of this Memorandum in the public records. OPERATIVE PROVISIONS NOW, THEREFORE, for and in consideration of the sum of $10.00, the mutual covenants contained herein, as well as other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Owner and Tenant hereby state and agree as follows: 1 The Background recitals hereinabove are true and correct and are incorporated herein by this reference. Site Name: Waterloo Site #: IA2001 2. Owner and Tenant hereby confirm the terms, conditions, provisions and obligations under the Lease, together with any amendments thereto; provided, however, that in the event of any conflict between the provisions hereof and the Lease, the terms of the Lease shall control. 3. The Lease contains an Option, effective for a term of twelve (12) months from May 11, 2011, with up to one additional twelve (12) month renewal ("Option Period"). 4. The Lease provides for an initial term of five (5) years, commencing on the "Commencement Date" as set forth in the Lease, but in no event after the expiration of the Option Period, with five (5) automatic renewal options of an additional five (5) years each, at Tenant's discretion. 5. The Lease also provides for Tenant's right to utilize the Premises to construct, install, remove, replace, operate and maintain a Communications Facility, and to also lease or sublease portions of the Premises to third parties for such purposes, subject to the terms of the Lease, as well as use of the easements for access and utilities. 6. The parties consent to the recording of this Memorandum in the public records of the county in which the Property is situated and agree that this Memorandum shall be executed in recordable form. 7. If Tenant does not exercise its Option under the Lease during the Option Period, Tenant agrees to promptly sign and deliver a release of this Memorandum to Owner upon the request of Owner. IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Lease as of the date first written above. [SIGNATURE BLOCKS APPEAR ON THE FOLLOWING PAGES] Site Name: Waterloo Site #: IA2001 Witnesses: Name: Name: STATE OF COUNTY OF OWNER: City of Waterloo, Iowa, acting by and through the Leisure Services Commission, formerly known as the Board of Park Commissioners By: Name: Title: Date: The foregoing instrument was acknowledged before me this day of , 2012, by , as of the ., a . He is either personally known to me or has produced (type of identification) as identification. NOTARY SEAL: Name: Notary — State of My Commission Expires: Site Name: Waterloo Site #: IA2001 Witnesses: c -LL Name: ` i -0,.,s- C ' `-( er Name: %-V v" STATE OF COLORADO COUNTY OF DOUGLAS TENANT: FIDELITY TOWERS INC. a Nevada corporation By Name: Neil Wiser As Its: President Date: Z -20- lZ The foregoing instrument was acknowledged before me this 'Lt day of CC b , 2012, by Neil Wiser, as President of Fidelity Towers Inc., a Nevada corporation on behalf of the corporation. , Nota Signature Notary Name: ¥' \ �'rH l be ___ My Commission Expires: Site Name: Waterloo Site #: IA200I c') -2 t 5 NOTARY SEAL KIMBERLY GABEL NOTARY PUBLIC STATE OF COLORADO My Commission Expires 03/30/2015 Exhibit "A" Property The East 660 feet of the South One-half of the Southwest Quarter of the Southwest Quarter of Section 36, Township 89 North, Range 13 West of the Fifth Principal Meridian, in the City of Waterloo, Black Hawk County, Iowa, except those parts conveyed to the City of Waterloo, Iowa, in 114 LD 503 and 116 LD 457. Site Name: Waterloo Site #: IA2001 Exhibit "B" Premises PROPOSED LEASE AREA: That part of the East 660 feet of the South One-half of the Southwest Quarter of the Southwest Quarter of Section 36, Township 89 North, Range 13 West of the Fifth Principal Meridian, in the City of Waterloo, Black Hawk County, Iowa, described as follows; Commencing at the intersection of the east right-of-way line of West Eleventh Street and the north right-of-way line of East Ridgeway Avenue; Thence North 01 degrees 29 minutes 16 seconds West, along said east right-of-way line, a distance of 127.78 feet; Thence North 75 degrees 04 minutes 22 seconds East, a distance of 185.07 feet; Thence North 01 degrees 29 minutes 16 seconds West, a distance of 3.29 feet to the point of beginning; Thence continuing North 01 degrees 29 minutes 16 seconds West, a distance of 50.00 feet; Thence North 88 degrees 30 minutes 44 seconds East, a distance of 50.00 feet; Thence South 01 degrees 29 minutes 16 seconds East, a distance of 50.00 feet; Thence South 88 degrees 30 minutes 44 seconds West, a distance of 50.00 feet to the point of beginning. PROPOSED ACCESS AND UTILITY EASEMENT: An easement for ingress, egress and utility purposes over, under and across that part of the East 660 feet of the South One- half of the Southwest Quarter of the Southwest Quarter of Section 36, Township 89 North, Range 13 West of the Fifth Principal Meridian, in the City of Waterloo, Black Hawk County, Iowa, described as follows; Commencing at the intersection of the east right-of-way line of West Eleventh Street and the north right-of-way line of East Ridgeway Avenue; Thence North 01 degrees 29 minutes 16 seconds West, along said east right-of-way line, a distance of 107.22 feet to the point of beginning; Thence North 01 degrees 29 minutes 16 seconds West, continuing along said east right- of-way line, a distance of 20.56 feet; Thence North 75 degrees 04 minutes 22 seconds East, a distance of 185.07 feet; Thence North 01 degrees 29 minutes 16 seconds West, a distance of 3.29 feet; Thence North 88 degrees 30 minutes 44 seconds East, a distance of 45.00 feet; Thence South 01 degrees 29 minutes 16 seconds East, a distance of 10.00 feet; Thence South 88 degrees 30 minutes 44 seconds West, a distance of 25.00 feet; Thence South 01 degrees 29 minutes 16 seconds East, a distance of 9.07 feet; Thence South 75 degrees 04 minutes 22 seconds West, a distance of 205.63 feet to the point of beginning. PROPOSED UTILITY EASEMENT: A 10 -foot wide easement for utility purposes over, under and across that part of the East 660 feet of the South One-half of the Southwest Quarter of the Southwest Quarter of Section 36, Township 89 North, Range 13 West of the Fifth Principal Meridian, in the City of Waterloo, Black Hawk County, Iowa, described as follows. The centerline of said easement being described as follows: Commencing at the intersection of the east right-of-way line of West Eleventh Street and the north right-of-way line of East Ridgeway Avenue; Thence North 01 degrees 29 minutes 16 seconds West, along said east right-of-way line, a distance of 107.22 feet; Thence North 01 degrees 29 minutes 16 seconds West, continuing along said east right-of-way line, a distance of 20.56 feet; Thence North 75 degrees 04 minutes 22 seconds East, a distance of 185.07 feet; Thence North 01 degrees 29 minutes 16 seconds West, a distance of 3.29 feet; Thence North 88 degrees 30 minutes 44 seconds East, a distance of 45.00 feet; Thence South 01 degrees 29 minutes 16 seconds East, a distance of 10.00 feet; Thence South 88 degrees 30 minutes 44 seconds West, a distance of 5.00 feet to the point of beginning of said centerline to be described; Thence South 01 degrees 29 minutes 16 seconds East, a distance of 167.68 feet more or less to the said north right-of-way line of East Ridgeway Avenue and said centerline there terminating. The sidelines of said easement shall be prolonged or shortened to terminate at said north right-of-way line of East Ridgeway Avenue and a line running North 88 degrees 30 minutes 44 seconds East and South 88 degrees 30 minutes 44 seconds West from the point of beginning. Site Name: Waterloo Site #: 1A2001 Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director CITY OF WATERLOO Council Communication City Council Meeting: March 26, 2012 Prepared: March 23, 2012 Dept. Head Signature: Noel Anderson, Community Planning & Development Direc or # of Attachments: 1 SUBJECT: Approval of a Development Agreement between the City of Waterloo and CDoyle Properties LLC for property located at 216-218 East 4th Street, to place a Minimum Assessment amount on property for 5 years at $206,260. Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: Resolution approving amendment Summary Statement: This action will put in place a Minimum Assessment Agreement for improvements previously completed at 216-218 East 4th Street as a part of this block's overall redevelopment. The document would place a Minimum Assessment on the property — 8913-25-103-022 — of $206,260 for a 5 - year period. Expenditure Required: $0.00 Source of Funds: NA Policy Issue: Economic Development within the City of Waterloo. Alternative:: NA Background Information: The City of Waterloo continues to work towards new development, redevelopment, and cleanup of deteriorating sites in and near Downtown Waterloo. This project from 1996 brought forth a great wave a redevelopment and reinvestment in Downtown Waterloo, while also eliminating a dilapidated site that was stopping such reinvestment and redevelopment. CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director CITY OF WATERLOO Council Communication City Council Meeting: March 26, 2012 Prepared: March 23, 2012 Dept. Head Signature: Noel Anderson, Community Planning & Development Director # of Attachments: 1 (") SUBJECT: Approval of an agreement between the City of Waterloo and Sycam Orr LLC for property located at 616-622 Sycamore Street to allow for a skywalk connection between private building and city parking ramp. Submitted by: Noel Anderson, Community Planninq & Development Director Recommended City Council Action: Resolution approving agreement Summary Statement: The City is working on an agreement to allow for the connection, by skywalk, of the property at 616-622 Sycamore Street. As you may recall from recent Courier articles, this property is being renovated for upper floor residential as well as renovation of the former Elk's Club / Brown Derby space. The skywalk would be in the rear of the building, passing over a private alleyway, and connecting into the City's parking ramp. The connection will allow for more efficient parking choices for events in the building. Expenditure Required: $0.00 Source of Funds: NA Policy Issue: Economic Development within the City of Waterloo. Alternative: NA Background Information: The City of Waterloo continues to work towards new development, redevelopment, and cleanup of deteriorating sites in and near Downtown Waterloo. Higher and better utilization of the City's parking ramps is always a priority. CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director CITY OF WATERLOO Council Communication City Council Meeting: March 26, 2012 Prepared: March 23, 2012 Dept. Head Signature: Noel Anderson, Community Planning & Development Director # of Attachments: 1 SUBJECT: Resolution approving Early Access Agreement with Northeast Iowa Food Bank, Inc., to allow for work to begin on their new facility in Rath area prior to closing on the property, and authorize Mayor to sign and fully execute the document Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: We ask that the City Council take the necessary actions to approve the agreement. Summary Statement: As you may be aware, the City of Waterloo has previously approved agreements for the development of the Human Services Campus, including the Northeast Iowa Food Bank on the far eastern end of that campus. The City is currently working on paperwork to convey the land to the Northeast Iowa Food Bank, but due to the warm weather, would like to allow the food bank the ability to start construction activities right away. The attached agreement would allow for the food bank to start construction activities, while safeguarding the City of Waterloo from liabilities, etc. Staff anticipates closing on the property within the next 3-4 weeks. Expenditure Required: NA Source of Funds: NA Policy Issue: Economic Development Alternative: Not approve Background Information: The City has worked diligently for the development of the Human Services Campus, and this will be the final initial piece of that development. Working in older areas of the communities often bring up difficult legal descriptions, abstracting work, quiet title actions, etc. which often times delay closings past expected dates. This project, while running behind, will still be a tremendous development for the Rath area and for the community as a whole. CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer EARLY ACCESS AGREEMENT This Early Access Agreement (the "Agreement") is entered into as of 2012, by and between the City of Waterloo, Iowa ("City"), and Northeast Iowa Food Bank, Inc. (the "Food Bank"). WHEREAS, City and Food Bank are parties to a certain Property Exchange Agreement (the "Exchange Agreement") providing for Food Bank's development of the real property described on Exhibit "A" attached hereto (the "Property"); and WHEREAS, the parties contemplate a closing in March or April 2012, after review and resolution of any title issues, for City's conveyance of the Property to Food Bank for purposes consistent with the Exchange Agreement, but Food Bank desires access to the Property before closing to begin its site development activities. NOW, THEREFORE, in consideration of the pending sale of the Property and the mutual promises exchanged herein, the parties agree as follows: 1. City hereby grants to Food Bank the right to enter upon the Property to begin site development activities as contemplated by the Exchange Agreement. The term of this Agreement shall be from the date hereof until completion of closing under the Exchange Agreement. 2. Food Bank shall, at its own expense, procure and maintain comprehensive public liability insurance in the amount of not less than $1,000,000 per occurrence. Such insurance shall cover liability arising from the acts or omissions of Food Bank, its employees, contractors and agents, and shall protect the City against such claims, damages, costs or expenses on account of injury to any person or persons, or to the property of same, by reason of such casualty, accident or other occurrence on or about the Property during the term of this Agreement. Certificates or copies of said policies, naming the City as an additional insured, shall be delivered to City before Food Bank, its employees, contractors, or agents, enter upon the Property. The attached Certificates of Liability Insurance coverage for the City by the Food Bank and its Contractor, Peters Construction, satisfy the requirements of this paragraph. 3. Food Bank agrees to be responsible for any liability which may arise out of the activities of Food Bank, its employees, agents and contractors, upon or about the Property, and in said connection Food Bank agrees to indemnify and hold City, its officials, officers, employees and agents, harmless from and against any and all claims, demands, actions, causes of action, and liabilities whatsoever, including but not limited to reasonable attorneys' fees, of any type or nature, whether sounding in law or equity, in tort or contract. The duties of Food Bank under this paragraph shall survive the expiration or termination of this Agreement. Nothing in this paragraph is intended to modify to any extent the provisions of paragraph 5 of the Exchange Agreement pertaining to liability or responsibility for cleanup of environmental conditions on the Property. 4. City agrees to indemnify and hold harmless Food Bank, its officers, directors, employees and agents, from and against any and all claims, demands, actions, causes of action, and liabilities whatsoever, including but not limited to reasonable attorneys' fees, of any type or nature, whether sounding in law or equity, in tort or contract, arising out of the activities of City, its employees or agents, upon or about the Property. The duties of the City under this paragraph shall survive the expiration or termination of this Agreement. 5. This Agreement is the entire agreement of the parties concerning the subject matter hereof. It may not be modified or amended without the prior written consent of the parties. This Agreement may be executed in one or more counterparts, each of which, including signed counterparts transmitted by facsimile or other electronic means, shall be deemed an original and all of which together shall constitute one instrument. IN WITNESS WHEREOF, the parties hereto have executed this Early Access Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA NORTHEAST IOWA FOOD BANK, INC. By: By: Ernest G. Clark, Mayor Title: 2 NORTH -5 OP ID: JT '`'--- CERTIFICATE OF LIABILITY INSURANCE JIK Ll DATE (MM/DDIYYYI7 03/22/12 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 319-233-6103 The Sinnott Agency, Inc. 622 W 4th St., PO Box 1918 319-234-8133 Waterloo, IA 50704 Steven Sinnott CONTACT NAME: Steve Sinnott (72,1'4, Ext): 319-233-6103 FAX No): 319-234-8133 E-MAIL ADDRESS: Steves@sinnottagency.com LIMITS INSURER(S) AFFORDING COVERAGE NAIC # INSURER A:Allied/Nationwide Insurance Co 42579 INSURED NORTHEAST IOWA FOOD BANK PO BOX 2397 WATERLOO, IA 50704 INSURER B: 07/01/11 INSURER C : EACH OCCURRENCE INSURER D : DAMAGEES (7RENTEDoccurrence) PREMIS0 Ea INSURER E : INSURER F : CLAIMS -MADE I X • - ' -' " r-srrarvry ,wrvIDCR: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE AOOI. INSR SUBR WVD POLICY NUMBER POLICY EFF (MMIDD/YYYY) POLICY EXP (MMIDDIYYYY) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY X ACP7171553685 07/01/11 07/01/12 EACH OCCURRENCE $ 1,000,000 DAMAGEES (7RENTEDoccurrence) PREMIS0 Ea $ 100,000 CLAIMS -MADE I X OCCUR MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE POLICY LIMIT APPLIES PER: PRO- JECT LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS - SCHEDULED AUTOS NON -OWNED AUTOS ACP7171553685 07/01/11 07/01/12 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE ACP7171553685 07/01/11 07/01/12 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 DED RETENT ON $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N1 A ACP7171553685 07/01/11 07/01/12 y WC STATU- TORY LIMITS OTH- ER E.L. EACH ACCIDENT $ 100,000 E.L. DISEASE - EA EMPLOYEE $ 100,000 E.L. DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (t Bach ACORD 101, Additional Remarks Schedule, if mores ace is required) ADDITIONAL INSURED UNDER THE GENERAL LIABILITY POLICY AS RELATES TO 1535 LAFAYETTE ST, WATERLOO, IA CANCELLATION CITYWLO CITY OF WATERLOO 715 MULBERRY ST WATERLOO, IA 50703 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD A�� u CERTIFICATE OF LIABILITY INSURANCE s%Zi/2o12 ) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Madsen & Associates 318 Main Street P.O. Box 399 Cedar Falls IA 50613 CONTACT Heidi Morse NA:Brummel PHONE (319) 266-2644 FAX IAIC. No. Extl: (A/C. No): (319) 277-2429 E-MAIL ADDRESS: heidim@brummelmadsen.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A :Integrity Mutual Insurance 14303 INSURED Peters Construction Corp PO Box 2940 Waterloo IA 50704 INSURER B : INSURER C: INSURERD: $ 1,000,000 INSURER E : X INSURER F : IAV Iris/M./II Ir VIVIGSGR. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDI. IN5R SUER WVD POLICY NUMBER POLICY EFF (MMIDDIYYYY) POLICY EXP (MM/DD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED 100,000 PREMISES (Ea occurrence) $ A CLAIMS -MADE I X J OCCUR X CPP2624256 8/1/2011 8/1/2012 MED EXP 10,000 (Any one person) PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY X JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 A X ANY AUTO- ALL OWNED SCHEDULED BODILY INJURY (Per person) $ _ AUTOS AUTOS NON CA2624257 8/1/2011 8/1/2012 BODILY INJURY Per accident ( ) $ _ HIRED AUTOS -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ single limit $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,000 A EXCESS LIAB CLAIMS -MADE AGGREGATE 10,000,000 DED X RETENTON$ 0 CUP2624259 8/1/2011 8/1/2012 $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N X WC STATU- TORY LIMITS OTH- ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N / A E.L. EACH ACCIDENT $ ]-,DDD, ODD (Mandatory in NH) If yes, describe under WCP2624258 8/1/2011 8/1/2012 E DISEASE - EA EMPLOYEE $ 1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Project: Northeast Iowa Food Bank. City of Waterloo is additional insured for ongoing operations as required by written contract. CANCELLATION City of Waterloo 715 Mulberry St Waterloo, IA 50703 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Scott Cessna/JAB ACORD 25 (2010/05) 1NS025 YJnlnnF1 © 1988-2010 ACORD CORPORATION. All rights reserved. The, Arr1Rrl name, anti Innn arc. rcnicfcrarl marlrc of A(fRrl CITY OF WATERLOO Council Communication City Council Meeting: March 26, 2012 Prepared: March 21, 2012 Dept. Head Signature: Eric Thorson, PE # of Attachments: SUBJECT: City of Waterloo Driveway and Sidewalk Specifications Submitted by: Wayne Castle, PLS, EI, Associate Engineer Recommended City Council Action: Approve the proposed Driveway and Sidewalk Specifications for use by contractors and property owners starting with the 2012 construction season. Summary Statement: The Engineering Department has reviewed the current specifications and identified areas that need updating based on improvements in construction technology, observed deficiencies in construction methods and materials currently specified, and changes to the Americans with Disabilities Act (ADA) regulations. These specifications are available in the City Clerk's office if you wish to review them in their entirety. Expenditure Required: None Source of Funds: N/A Policy Issue: N/A Alternative: None Background Information: The City of Waterloo Code of Ordinances specify that sidewalks and driveways constructed within the public right-of-way be constructed according to plans and specifications approved by the City Engineer, which has faithfully maintained a set of plans and specifications to provide for uniform and orderly development within the City limits, with the last major updates to the Driveway and Sidewalk Specifications having been made in 2003. The Engineering Department has reviewed current construction materials and methods and ADA regulations in developing the proposed Specifications that will provide for a more resilient, sustainable and accessible sidewalk system. REVISED 2/24/2005 DRIVEWAY AND SIDEWALK SPECIFICATIONS BE IT ORDAINED BY THE CITY COUNCIL OF WATERLOO, IOWA: Sec. 1. That, from or after the passage of these specifications and the taking effect thereof, all driveways and sidewalks constructed adjacent to public streets, alleys, and highways of said City shall conform to these specifications and regulations, unless otherwise directed by the City Council of said City. Sec. 2. AUTHORIZED REPRESENTATIVES. Whenever the term "Engineer" is used in this Specification, it shall mean the City Engineer or his authorized representative. Sec. 3. Sec. 4. 03/23/2012 BONDS AND PERMITS. No person, firm or corporation, except the City Engineer, while acting in their official capacity, or a contractor in performing the necessary work within the City Limits, shall construct or cause to be constructed any sidewalk or driveway adjacent to any street, avenue, alley or highway within the City of Waterloo, Iowa, excepting such walks as are required to connect residences or other buildings with the City sidewalks, curbs or street roadways, without filing a right-of-way bond with the City Clerk and obtaining a permit therefore, signed by the City Engineer. The permit shall describe the location of the work and state the time in which it is to be done. The said permit shall be valid for a time period not to exceed six (6) months from the date the permit is authorized. All permits shall expire at the end of the current year's permitted construction season. If work, as stated on the aforementioned permit, is not completed within the above referenced six (6) month time period or the close of the current year's permitted construction season, the permit shall be considered expired and said work will require a new permit to be obtained. If an extension of time is required, the permit holder shall present said permit to the City Engineer for said extension of completion, and no extension of time shall be valid unless signed by the City Engineer. Work contracted by the City shall not require a permit. SUBGRADIE. The subgrade upon which the sidewalk and/or driveway is to be placed shall be prepared by excavating or filling with suitable material to a minimum depth of four (4) inches below the finished subgrade elevation of the sidewalk and/or driveway. Said subgrade shall be tamped with an approved hand tamper or vibratory plate or rolled with an approved steel roller until smooth, firm, uniform, and unyielding (as approved by the Engineer) to the required depth below the finished grade line. All soft, spongy or yielding spots and all vegetable or other perishable matter shall be removed and the space refilled with suitable material. NO SAND will be allowed for fill; unless it is similar to the existing subgrade material found at the work site. The subgrade shall be thoroughly moistened, as approved by the Engineer, prior to the placement of PCC. If the contractor is required to add water to the said subgrade to provide uniform moisture content, the method of incorporating said water into the subgrade shall not form mud or pools of water. - 1- Sec. 5. Sec. 6. Sec. 7. Sec. 8. 03/23/2012 REVISED 2/24/2005 FILLS AND CUTS. When filling is necessary to bring the walk and/or drive to grade, the fill shall be deposited and compacted in layers of not more than six (6) inches. The top of all such fills shall extend beyond the walk and/or drive on each side of not less than one (1) foot vertical to four (4) feet horizontal. The distance from edge of cuts at the base shall be at least one (1) foot from the nearest edge of the walk and/or drive. Material shall be compacted to a minimum of ninety-five percent (95%) of its Standard Proctor Density or subbase density specification of the contract plans. FORMS. Forms of wood or steel shall be used along each edge of sidewalk and/or driveway. These forms shall be set true to line and grade and shall be held rigidly in place by stakes placed outside the forms and flush with or below the top edge of the forms. Said stakes shall be spaced no more than four (4) feet apart for wood forms and five (5) feet apart for steel forms. All steel forms shall have a height equal to the full specified depth of sidewalk and/or driveway. Standard dimensional lumber for wood forms shall be acceptable, i.e., 2" x 4", 2" x 6", etc., and shall be free from warp as approved by the Engineer. All forms shall be clean and free from mortar and/or dirt. When the sidewalk and/or driveway is curved, a one (1) inch nominal thickness wood form or flexible steel form shall be permitted. These forms shall be staked no more than two (2) feet apart or as approved by the Engineer. SAWING OF CONCRETE. Where sawing is required to remove existing concrete sidewalk, it shall be sawed full depth to prevent any damage to adjacent squares of sidewalk. Sawing for curb cuts shall be full depth with the SAW CUTS COMING TO A POINT WITH NO OVERLAPPING OR OVERCUTTING ALLOWED. The Contractor may elect to utilize a "corner saw" or 6" diameter full depth core drill at the boxout corners to prevent said "overcutting". If the Engineer determines that the overcutting may damage the surrounding slab, the sawcut shall be extended to the next transverse joint. Additional hand work may be required in corners of the removed box -outs as approved by the Engineer.) When the curb section is sawed for a curb cut and the pavement transverse or longitudinal joint is within four (4) feet, sawing shall continue to the pavement joint and the pavement removed. New curb shall be constructed as needed for proper curb cut dimension. SETTING FORMS. The forms shall be well staked as detailed in Sec. 6 to the lines and grades given by the Engineer, and their edges shall conform to the finished grade of the walk. Forms shall be so set that the walk shall have a slope toward the street of one quarter (1/4) inch for each foot of width. The forms for a new gutter section at driveways shall be set so that a two (2) inch lip shall be constructed. The gutter flow line shall continue through the driveways so the water is directed away from the curb lip toward the center of the street 2- Sec. 9. REVISED 2/24/2005 EXPANSION JOINTS. Strips of an approved type of non -extruding pre -molded asphaltic expansion joint material one-half (1/2) inch thick shall be placed perpendicular to the side forms, and to the full depth of the walk at least once in every sixty (60) feet of walk or as directed by the Engineer, or shown on the plans. Similar joints shall be provided when new walks abut other concrete walks, structures, approach walks, or curbs. For lots having a frontage width of over sixty (60) feet, the expansion shall be placed on a joint approximately half way from the driveway to the farthest property line. One-half (1/2) inch expansion shall be used between the driveway approach and sidewalk; one-half (1/2) inch expansion shall be used between the approach and back of curb as detailed on Exhibit "A" contained herein. Sec. 10. READY -MIXED CONCRETE: Ready -mixed concrete shall be used for all sidewalks on City right of way. The term, "Ready -Mixed" concrete, shall be construed to mean either central plant -mixed concrete or central -plant - proportioned, truck -mixed concrete. Central plant -mixed concrete shall be mixed according to the provisions below, and shall be transported to the site of the work in truck mixers. Truck -mixed concrete shall be construed to mean concrete partly or wholly mixed in the transporting vehicle. 03/23/2012 A. Transporting Concrete. Vehicles for transporting concrete shall be so constructed as to ensure against loss of any of the ingredients of the concrete and to ensure rapid discharge of the concrete. The concrete, at the time of delivery, shall be uniform in composition and of the specified consistency. Concrete in which the cement has been in contact with the water and aggregate for more than 1-1/2 hours before the time it is placed shall not be used. Under no circumstances shall partially hardened or retempered concrete be used. B. Delivery. The methods of delivering and handling the concrete shall be such as will facilitate placing with a minimum of rehandling and without damage to the concrete. C. Truck -Mixed Concrete. When a stationary mixer is used for partial mixing of the concrete, the mixing time in the stationary mixer shall be not less than is required to intermingle the ingredients but not less than 30 seconds. When a truck mixer is used either for complete mixing or to finish partial mixing done in a satisfactory mixer, each batch shall be mixed not less than 50 or more than 100 revolutions of the drum at the rate of rotation designated by the mixer manufacturer as mixing speed. Additional mixing, if any, shall be at the speed designated by the manufacturer of the equipment as the agitating speed. When a truck mixer is used for transporting concrete which has been completely mixed in a stationary mixer, mixing during transportation shall - 3- Sec. 11. Sec. 12. 03/23/2012 REVISED 2/24/2005 be at the speed designated by the manufacturer of the equipment as the agitating speed. D. Mixes. The acceptable mixes for driveways and sidewalks shall be A-4, C- 4 or M-4. The usage of Class C fly ash additive will be acceptable from March 16 to October 15. The fly ash substitution rate by weight shall not be more than 15 percent. NO USE OF GROUND GRANULATED BLAST FURNACE SLAG (GGBFS) SHALL BE PERMITTED. Class II aggregate shall be utilized. Entrained Air Content for all driveways and sidewalks shall be in accordance with IDOT Specifications Section 2301.04; target 7%, minimum 6%, maximum 8%. Field adjustments may be required to result in 6% finished entrained air. The slump of the concrete shall not exceed four (4) inches. PLACING CONCRETE. Ready -mixed concrete shall be placed immediately after delivery. Concrete shall be placed in a manner which will avoid segregation or separation of the ingredients. The concrete shall be spread evenly and tamped or vibrated, and it shall be well spaded against the forms, expansion joints or other abutting structures. Retempering of concrete by remixing with or without additional materials, shall not be permitted. CURING OF CONCRETE. Unless the concrete is protected for cold weather, all exposed surfaces, including surfaces from which the forms have been removed, shall be cured with a white pigmented curing compound meeting requirements of Iowa DOT Specification Section 4105. NO CLEAR CURING COMPOUNDS SHALL BE PERMITTED. Curing compound shall be applied in a fine spray to form a continuous, uniform film on the surface and vertical edges of the sidewalk and/or driveway slab as soon as the free water has appreciably disappeared. The rate of application shall be not less then 0.067 gallon per square yard (covering 15 square yards per gallon). Care shall be taken to ensure that liquid curing materials shall be well agitated in the supply drum or tank immediately before transfer to the distributor, and kept thoroughly agitated during application. Application shall be by means of power spraying equipment capable of producing a fine spray which will not damage the surface of the concrete. Hand operated sprayers will be allowed, provided that the compound remains a uniform color, and with uniform coverage. Contractor shall exercise extreme care to prevent curing compound from being applied to the precast detectable warning surfaces. Failure to do so shall require cleaning of the detectable surface panels or removal and replacement, at the discretion of the Engineer. - 4- 03/23/2012 REVISED 2/24/2005 If forms are used, within 30 minutes after their removal, the vertical edges of the sidewalk and/or driveway shall be coated with curing material, applied at the same rate as on the surface. If the coating is damaged within 72 hours after being applied, due to other operations, the affected areas shall be recoated without delay. Coating of the sawed surface with curing compound will not be permitted on joints that are to be sealed. All curb cuts that require removal and replacement of existing PCC curb and gutter and/or pavement sections after August 31 shall be protected by application of a curing compound/linseed oil combination product to extend the curing of the concrete and to protect the entire finished concrete surface of the pavement and curbs from the de-icing agents utilized during cold weather. The above referenced combination curing product shall conform to W.R. Meadows LIN- SEALTM WHITE Curing and Anti-Spalling Compound or Engineer approved equivalent. Said product shall be applied as specified above with application rate not less than 0.067 gallon per square yard (covering 15 square yards per gallon). Cold Weather Cure. Concrete Tess than 36 hours old shall be protected in the following manner: Night Temperature Forecast 35 to 32 degrees F 31 to 22 degrees F Type of Protection One layer of burlap Two layers of burlap or one layer of plastic on one layer of burlap Below 21 degrees F 6 inches of hay or straw* *Equivalent commercial insulating material approved by the Engineer may be used. For concrete placed after October 1 and which requires this protection, the protection shall remain until the concrete is five (5) days old. The Contractor shall verify with the Engineer that the other equivalents shall provide for a minimum of 0.75 R value. Some rough equivalents that may be used in lieu of straw are as follows: 1. Four (4) layers of burlap sandwiched between two (2) layers of plastic. 2. Three (3) layers of Burlene. 3. One (1) layer of fast track blankets. These or other equivalents may be used as long as the materials provide for a minimum of 0.75 R value and the surface of the protected concrete is maintained above 40 degrees F. The Contractor shall verify with the Engineer that the other equivalents shall provide for a minimum of 0.75 R value. - 5- REVISED 2/24/2005 When cold weather protection has to be used to protect concrete, the impervious coating can be applied after the cold weather protection has been removed. The coating needs to be applied within four (4) hours after the removal of cold weather protection. After the forms have been removed, the sides shall be backfilled with topsoil immediately. SEC. 13. WINTER DRIVEWAY & SIDEWALK CONSTRUCTION POLICY FOR SPECIAL CONDITIONS Sec. 14. 03/23/2012 The following conditions shall be met for this policy to be used for construction after the Fall date for issuing Driveway and Sidewalk Permits has passed: 1. This policy shall apply only to commercial/industrial construction sites. 2. Consideration will be given to commercial/industrial construction sites that have started construction prior to the fall cut off date for issuing regular permits. 3. All frost shall be removed from the subgrade by constructing a tent over the construction area and heating the tent with a salamander or a radiant ground heater with "fast track" blankets, or other approved method. Complete absence of frost shall be verified by the City Engineer or authorized representative. 4. During the curing process, the concrete area shall be protected by maintaining a temperature range between 50°F - 90°F for at least five (5) days over the new concrete area. 5. The concrete mix shall be M-4 with 2% calcium and be maintained at a temperature of 55°F or above while pouring. 6. All other City of Waterloo Driveway and Sidewalk Specifications shall be met with the above revisions. WEATHER. Concrete shall not be placed when stormy or inclement weather prevents good workmanship. No lumps or frozen aggregate shall be used, and concrete shall not be placed on a frozen subgrade. If weather conditions are favorable concreting operations may be started when the temperature is at least 34 degrees F. and rising. At time of placement, the temperature of the mixed concrete as discharged from the mixer shall be 55 degrees F. or above, and may proceed as long as the temperature of the fresh concrete can be maintained at or above 55 degrees F. Mixing and placing of concrete shall stop when the air temperature is 38 degrees F. and falling. Cold weather curing methods shall be used for protection of the slab from freezing temperatures. - 6- Sec. 15. REVISED 2/24/2005 CONSTRUCTION JOINTS. At the close of each day's work, and at any other time when the process of depositing concrete is stopped for thirty minutes or more, a construction joint shall be placed. Sections less than four (4) feet between joints shall not be permitted. If the sidewalk is wider than four (4) feet, the sections shall be the same distance between joints as the width. For this joint a wood header board shall be used having a two (2) inch nominal thickness and conform to the cross section of the walk. This header board shall be set accurately and held in place perpendicular to the surface and at right angles to the centerline. Sec. 16. THICKNESS. The concrete walks constructed under this Specification shall have a minimum thickness of four (4) inches. Sec. 17. Sec. 18. Sec. 19. 03/23/2012 Driveway approaches and driveway sidewalk sections shall be five (5) inches thick for residential, defined as a single family house or duplex unit, and six (6) inches thick for three-plex unit or larger, commercial property and alleys. In any case, the walk shall be constructed in one course. WIDTH. The width of sidewalks constructed under this Specification shall be four (4) feet, except where a different width of sidewalk has already been constructed within the same block, in which case it shall conform to the width of the existing sidewalk, or unless otherwise permitted or ordered by the City Engineer. FINISH AND SLAB MARKINGS. After working the concrete to an approximate true surface, the concrete shall be cut with a tool to the required sawing thickness to form the concrete into four -foot squares or as directed by the Engineer. This cutting shall be followed by a marking tool forming a groove at least one-half (1/2) inch. The surface shall be finished true to grade, with a steel trowel, and afterward roughened slightly with a broom. Sawing will be permitted, provided the sawing depth is as follows: SIDEWALK THICKNESS SAW CUT DEPTH 4INCHES 1-1/2" 5INCHES 1-3/4" 6 INCHES 2" All approaches over fifteen (15) feet in width shall have one longitudinal saw cut, as a minimum, centered in the approach, or as directed by the Engineer. Approaches over fifteen (15) feet in depth from back of curb shall have one transverse joint, as a minimum, centered from back of curb to sidewalk. Sawing of the concrete shall be completed within 24 hours after the finish work has been completed. CARE AND PROTECTION. Workmen shall not be permitted to walk on freshly laid concrete, and where any sand or dirt sets on the surface, it shall be carefully removed before finishing. When completed, the sidewalk shall be protected from - 7- REVISED 2/24/2005 traffic for at least three (3) days. Alleys, driveways and street crossing shall be protected from vehicular traffic for at least seven (7) days. The forms shall not be removed before twenty-four (24) hours, and when removed, earth shall be banked and compacted against the edge of the driveway or sidewalk. Sec. 20. ASPHALT DRIVEWAY APPROACH. If asphalt is used for a driveway approach, the following criteria shall apply: Sec. 21. Sec. 22. Sec. 23. Sec. 24. Sec. 25. 03/23/2012 1. Residential Drive -6-1/2" thick 2. Commercial Drive -7-1/2" thick 3. Asphalt materials shall meet the requirements of IDOT Type A Mix -3/4" or 1/2" mix for base, 1/2" or 3/8" mix for surface. The top 2" shall not be constructed with base mix. The asphalt shall be placed in layers with the base material and the surface material being compacted to a minimum of ninety-six percent (96%) of its Standard Marshall Density or street density specification on contract plans. All asphalt driveway work shall not be placed after October 15, except with approval by the City Engineer. Asphalt shall not be used for overlay of any sidewalk. Asphalt shall only be used for sidewalk construction in accordance with Sec. 29 of these specifications. ADJUSTMENTS. Whenever any adjustment of the grade slope or slab markings is necessary or advisable in order to have the work conform to existing abutting walk or other abutting structures, the adjustment shall be made only with the permission, and under the direction of the Engineer with approved waiver grade. SIDEWALKS OVER AREAWAYS. Whenever sidewalks are constructed over areaways, the requirements of these specifications are applicable only to the extent that they do not conflict with the requirements of the Building Code of the City of Waterloo, Iowa, and the construction is to be under the supervision of the Building Official. INDIVIDUAL CONTRACTS. Any contract made between property owners and private contractors for the construction of sidewalks or driveways within the City Limits shall be made in accordance with the provisions of these specifications. TESTING AND INSPECTION. The Engineer shall have the right to go upon any work site where sidewalks, driveways or alleys are being constructed and make tests to do such other acts as may be necessary to determine compliance with the current specifications. BARRICADING AND TRAFFIC CONTROL. Barricades and traffic control items shall be provided in order to take every reasonable precaution for providing for the safety of the general public traveling to, through, within, along and across the construction area. Barricades and traffic control items shall conform to the FHWA MUTCD Millennium Addition (December 2000 or latest issue). The Contractor - 8- 03/23/2012 REVISED 2/24/2005 shall take every reasonable precaution to prevent the public from entering the work area and to prevent the work from interfering with traffic. Refer to Barricading and Traffic Control detailed below. The Contractor or individual completing repairs shall barricade both ends of each area where curb cut or sidewalk is removed. Type I or Type 11 barricades shall be used. Barricades shall be clean with good reflective properties. Where alley approaches are removed, Type II or Type III barricades, with steady burn or flashing amber lights, shall be used on both the alley and street side of the approach. The barricades described above for pedestrian traffic shall also be required. Alley approach walks shall be replaced the day it is removed. The Engineer, or authorized representative, shall periodically review barricading and traffic control that has been put in place by the Contractor. If barricading and traffic control devices are found to be without proper maintenance, penalties shall be assessed. Improper maintenance shall include, but not be limited to, the following situations: A. Less than 100 percent of lights in working order. B. Any barricade or sign moved or tipped over. C. Fencing not supported in a vertical position. D. Fencing not placed around excavations when workers/equipment are not working at the location. E. Lack of proper barricades or signage. The American Traffic Safety Service Association (ATTSA) publication "Quality Standards for Work Zone Traffic Control Devices" (Copyright 1993 ATSSA) shall be utilized by the Engineer, or authorized representative, to determine the acceptable quality level for typical work zone barricading and traffic control devices. Each incident is treated as a separate citation on an individual basis. It is not intended that minor deficiencies be penalized if corrected the day notification is given. In addition to the following schedule of fines, the Engineer may suspend work for irresponsible and/or repeated failure to construct the project using barricading and traffic control procedures. Penalties: 1st Offense 2nd Offense 3rd Offense 4th Offense 5th Offense 6th Offense or more - 9 - Written warning given by City $ 100 $ 250 $ 500 $1,000 Engineer's discretion (amount equal or greater than $1,000 Sec. 26. Sec. 27. 03/23/2012 REVISED 2/24/2005 PERMITS ON JOB. All permits shall be kept at the place of construction for which they were issued while the work is being done and exhibited when called for by the City Official having the authority to examine the same. PATCHING. The sidewalk may be patched after inspection and approval by the City Engineer. Surface depressions with an area of eighteen (18) square inches or less may qualify for repair by patching. Holes to the full depth of the sidewalk and sections of the sidewalk completely missing not exceeding eighteen (18) square inches may also be repaired by patching. No sidewalk panel shall have a patched area, including surface and full -depth patches, exceeding fifty (50) percent of the panel's total area nor a total full -depth patch area greater than one- half (1/2) square foot. Preapproved patching materials include the following materials and vendors: 1. Home Depot: A. QUIKRETE Vinyl Concrete Patcher (grey) 2. Marquart Block Co.: A. United Products Vinyl Concrete Patch 3. Menard Cashway Lumber: A. AKONA Vinyl Cement Patch USAGE OF THE ABOVE REFERENCED MATERIALS SHALL BE IN ACCORDANCE WITH THE MANUFACTURERS RECOMMENDATIONS. - 10- Sec. 28. Sec. 29. Sec. 30. Sec. 31. 03/23/2012 REVISED 2/24/2005 DETAILED DRAWINGS. Standard Details as shown on attached Exhibits "A" entitled "Standard Detail for Sidewalks", "B" entitled "Standard Curb Cuts and Drive Approaches," and "C" entitled "Standard Detail for Commerical Radius Drive Detail," Sidewalk Barricading and Traffic Control," Concrete Excavation Details," and "Asphalt Full Depth Patch Details" hereby made a part of these specifications. ASPHALT SIDEWALKS AT RAILROAD CROSSINGS. At railroad crossings, asphalt may be used for sidewalk. The asphalt sidewalk shall be a minimum 4 - inch thickness and shall extend no greater than 10 feet from the edge of railroad ties. Asphalt shall not be allowed to overlay existing concrete sidewalk. Sidewalks over railroad crossings shall be constructed to meet current ADA requirements concerning width and slope. Attached Exhibit "D" entitled "Standard Detail for Asphalt Sidewalks at Railroad Crossings" is hereby made part of these specifications. WATER SHUT-OFF VALVES. During the placement of concrete where water valves (pay boxes) are present, concrete shall be separated from the water valve in accordance with a method approved by the Engineer. An acceptable method consists of the following: Placement of ASTM 3034 plastic PVC pipe around the water valve cap before concrete is placed. This pipe should be cut to the appropriate depth of sidewalk. After placement and finishing of the concrete, the pipe section shall be removed and the area under the cap filled with suitable fill material. A maximum space of one-quarter inch (1/4") between the finished sidewalk and water valve cap will be acceptable. SLIP FORM SIDEWALK. Construction of sidewalk by slip form construction methods shall only be allowed at locations that will permit a minimum of one hundred fifty (150) feet of continuous pouring length of sidewalk and as approved by the Engineer. The slip form paving machine shall be approved by the Engineer and designed for the specific purpose of placing, consolidating, and finishing concrete sidewalk slabs without use of fixed side forms. Edges of the concrete slab as built by the machine shall be approximately vertical. The machine shall be self-propelled and shall be equipped with means for spreading the concrete to a uniform depth before it enters the throat of the machine. The machine shall vibrate the concrete to the full width and depth being placed in a single passage. Such vibration shall be accomplished by vibrating tubes or arms working in the concrete of the vibrating pan operating on the surface of the concrete. The amplitude, rate of vibration, and locking device for depth shall be as specified in Iowa DOT Specifications, Article 2301.07, Paragraph A(6)(a). The slip form paving shall produce a surface reasonably free of surface voids and tears. The slip form paving shall be equipped with automatic horizontal and vertical grade controls. - 11- REVISED 2/24/2005 The subgrade shall be constructed in accordance with Sections 4 and 5 of these specifications. SEC. 32. CURB SAWING FOR DRIVEWAY APPROACHES. This work consists of horizontally and vertically saw cutting existing PCC concrete curb to accommodate the construction of new driveway approaches in lieu of conventional PCC box -out curb cut removal and replacement methods. Contractors proposing to utilize this method of driveway approach construction shall notify the Engineer at the time of permit issuance. 03/23/2012 The PCC curb sawing system shall employ a precision track -mounted circular diamond blade fully automatic wall saw system as approved by the Engineer prior to the start of any work. The saw mounted track shall be securely anchored to the existing PCC roadway as recommended by the manufacturer of said track equipment. The track shall be mounted to provide for curb sawing matching the existing street profile along neat lines and including the bevel cut (3" rise in 9" length) at each end of the driveway approach curb cut. No uncontrolled hand sawing of the two end bevel cuts shall be allowed; i.e. the wall saw track shall control the aforementioned dimensional bevel cut. The curb sawing shall be full depth at the base of the curb section face and shall be at a maximum elevation of 1/2" above the existing gutter and sawn at an angle that will provide an elevation of 2" above the existing gutter at the back of curb. The corners of resulting edge lips of the sawn curb shall be ground using a diamond grinding wheel to a radius of 1/4" and as approved by the Engineer. Upon completion of the curb sawing operations, all track mounting anchoring bolds, sleeves, lead plugs, etc. shall be immediately removed from the roadway PCC slab. The resulting holes shall be air blasted clean and filled immediately with TK -9000, 100% EXPDXY CRACK FILLER as manufactured by TK Products, Division of Sierra Corporation, Minnetonka, Minnesota, or equal approved by the Engineer. The exposed saw cut curb face shall be coated to a nominal thickness of 3/8" with SEAL TIGHT -MEADOW PATCH -T2 polymer -modified, thin repair patch mortar as manufactured by W.R. Meadows, Inc., Hampshire, Illinois, or equal approved by the Engineer. Said material shall be placed, mixed and sealed in accordance with manufacturers specifications. The mortar shall not fill any existing pavement joints and shall be surface scored to maintain the joint integrity. The specified mortar repair coating shall be applied to the exposed sawn curb face within the same working day of the curb removal operations. If the above described curb sawing construction method causes any damage to existing curb and/or street, as determined by the Engineer, a standard 2' minimum curb cut box -out shall be installed. - 12- REVISED 2/24/2005 Curb sawing for driveway approaches by use of the precision track -mounted diamond blade wall saw system shall be performed by workers experienced in operating the required equipment and installation of the above referenced patching and coating products. SEC. 33. PRECAST DETECTABLE WARNING SURFACES 03/23/2012 A. General. Detectable warnings shall consist of a surface of truncated domes aligned in a square grid pattern and shall comply with the manufacturer's specifications for installation and material. 1. Dome Size. Truncated domes in a detectable warning surface shall have a base diameter of 0.9 inches minimum to 1.4 inches maximum, a top diameter of 50% of the base diameter minimum to 65% of the base diameter maximum, and a height of 0.2 inches. 2. Doyne Spacing. Truncated domes in a detectable warning surface shall have a center -to -center spacing of 1.6 inches minimum and 2.4 inches maximum, and a base -to -base spacing of 0.65 inches minimum, measured between the most adjacent domes on square grid. 3. Contrast. Detectable warning surfaces shall contrast visually with adjacent walking surfaces. Approved color shall be Soloman #415 Tone Dark Red as supplied by Stetson Building Products or Dynamic Red as supplied by Marquart Block. 4. Size. Detectable warning surfaces shall extend 24 inches minimum in the direction of travel and a 4" minimum width of the curb ramp, landing, or blended transition. Approved size shall be 24" x 24" x 2" with P.C.C. mortar bed per Exhibit A included herein. 5. Cure. The area between the precast sections and the back of curb shall be cured per Section 12 Curing of Concrete. Contractors shall use care so that no cure is applied to the precast sections. B. Location. 1. Curb Ramps and Blended Transitions. The detectable warning surface shall be located so that the edge nearest the curb line is 6 inches minimum and 8 inches maximum from the curb line. 2. Rail Crossings. The detectable warning surface shall be in accordance with the details in Exhibit D. - 13- 03/23/2012 C. Approved Vendors (or equal) 1. Lister Concrete Products, Inc. 2.116 Commercial Street Waterloo, Iowa 50702 (319)232-4727 2. Hanover Architectural Products 240 Bender Road Hanover, Pennsylvania 17331 (717)637-0500 3. Steps Plus, Inc. 6375 Thompson Road Syracuse, New York 13206 (315)432-0885 - 14 - REVISED 2/24/2005 PROPOSED MARCH 23, 2012 DRIVEWAY AND SIDEWALK SPECIFICATIONS BE IT ORDAINED BY THE CITY COUNCIL OF WATERLOO, IOWA: Sec. 1. That, from or after the passage of these specifications and the taking effect thereof, all driveways and sidewalks constructed adjacent to public streets, alleys, and highways of said City shall conform to these specifications and regulations, unless otherwise directed by the City Council of said City. Sec. 2. AUTHORIZED REPRESENTATIVES. Whenever the term "Engineer" is used in this Specification, it shall mean the City Engineer or his authorized representative. Sec. 3. Sec. 4. BONDS AND PERMITS. No person, firm or corporation shall construct or cause to be constructed, any sidewalk or driveway adjacent to any street, avenue, alley or highway within the City of Waterloo, Iowa, without filing a right-of-way bond with the City Clerk and obtaining a permit from the City Engineer. Exceptions to the right-of-way bond and/or permit requirements: • Work contracted by the City shall not require a permit; • Sidewalks that connect residences or other buildings to the City sidewalks, curbs or streets (a.k.a. approach sidewalks or private sidewalks) shall not require a right-of-way bond or permit. No step or stairway used to connect approach walks to public sidewalks, curbs or streets shall be constructed on public right-of-way. The permit shall describe the location of the work and state the time in which it is to be done. The said permit shall be valid for a time period not to exceed six (6) months from the date the permit is authorized. All permits shall expire at the end of the current year's permitted construction season, regardless of issuance date. If permitted work, is not completed within the six (6) month time period or by the close of the current year's construction season, the permit shall be considered expired and said work will require a new permit to be obtained. If an extension of time is required, the permit holder shall present said permit to the City Engineer for consideration and approval. No extension of time shall be valid unless signed by the City Engineer. Sidewalk permit: covers all public sidewalk construction and/or repair along a parcel within the public right-of-way. Driveway permit: covers all driveway construction and/or repair along a parcel and within the public right-of-way. Driveway widening is considered repair work for permit purposes. If sidewalk and driveway construction or repairs are made concurrently, separate sidewalk and driveway permits will be required. CONSTRUCTION WITHIN STATE RIGHT-OF-WAY. No person, firm or corporation shall construct or cause to be constructed any sidewalk or driveway adjacent to any highway within the City of Waterloo, Iowa that is under the jurisdiction of the State of Iowa without having the following: - 1 - Approved by the Waterloo City Council: March 26, 2012 Sec. 5. Sec. 6. Sec. 7. PROPOSED MARCH 23, 2012 • A Construction in Right -of -Way permit from the Iowa Department of Transportation (IDOT); • Filed a right-of-way bond with the City Clerk; • Obtained a driveway or sidewalk permit from the City Engineer. Public highways within the City of Waterloo currently under the jurisdiction of the Iowa DOT: • Interstate 380 (Washington Street) • US Highway 20 • US Highway 63 (Sergeant Road, West Mullan Avenue, East Mullan Avenue, West Street, East 1st Street) • US Highway 218 (Washington Street) • Iowa Highway 935 (University Avenue) • Iowa Highway 21 (Hawkeye Road) • Iowa Highway 57 1St This list is not inclusive. If the contractor has any questions regarding jurisdiction, permits or construction requirements, contact the IDOT Waterloo Engineering Operations Technician at (319) 235-1832. PERMITS ON JOB. All permits shall be kept at the place of construction for which they were issued while the work is being done and exhibited when called for by the City Official having the authority to examine the same. INDIVIDUAL CONTRACTS. Any contract made between property owners and private contractors for the construction of sidewalks or driveways within the City Limits shall be made in accordance with the provisions of these specifications. TESTING AND INSPECTION. The Engineer shall have the right to go upon any work site where sidewalks, driveways or alleys are being constructed and make tests or do such other acts as may be necessary to determine compliance with the current specifications. Sec. 8. DETAILED DRAWINGS. Standard Details as shown on the attached exhibits are hereby made a part of these specifications: Sec. 9. • Exhibit A - Standard Details for Sidewalks; • Exhibit Al — Standard Details for Sidewalks — Alternate Ramp Layouts; • Exhibit B - Standard Details for Flared Driveway Approaches; • Exhibit C - Standard Details for Radius Driveway Approaches: • Exhibit D - Standard Detail for Asphalt Sidewalks at Railroad Crossings; • Exhibit E — Standard Details for Sidewalk Barricading and Traffic Control; DRIVEWAY AND SIDEWALK SPECIFICATION WAIVER. Waivers to the driveway and sidewalk specifications contained herein may be granted by approval of the City Council for the following reasons: • Special surface texture to be used on the concrete approach (i.e. exposed aggregate, brick stamped pattern, paving brick); • Elimination of the sidewalk section due to the inability to meet the grade requirements; - 2 - Approved by the Waterloo City Council: March 26, 2012 Sec. 10. PROPOSED MARCH 23, 2012 • Elimination of the sidewalk section for asphalt driveways; • Placement of a driveway or sidewalk on City right-of-way on an unimproved street. Waiver applications are available from the City Engineer. A payment of $7.00 for recordation fees is due at the time of submittal of the waiver application to the City Engineer as all waivers shall be recorded with the Black Hawk County Recorder's office. SIDEWALK WIDTH. The width of sidewalks constructed under this Specification shall be four (4) feet, except where a different width of sidewalk has already been constructed within the same block, in which case it shall conform to the width of the existing sidewalk, or unless otherwise permitted or ordered by the City Engineer. Sec. 11. SIDEWALK THICKNESS. The thickness of sidewalks constructed under this Specification shall be a minimum of four (4) inches, with the following exceptions: Sec. 12. Sec. 13. • For class "A" sidewalks, sidewalks that abut street pavement or curb and gutter sections, the sidewalk shall have a thickened edge section, as detailed in Exhibit "A" contained herein. • Sidewalk accessibility ramps (a.k.a. handicap ramps) shall have a minimum thickness of six (6) inches, as detailed in Exhibit "A" contained herein. Driveway sidewalk sections shall be a minimum of five (5) inches thick for residential uses, defined as a single-family house or duplex unit. Driveway sidewalk sections shall be a minimum of six (6) inches thick or match the thickness of the adjoining facility pavement whichever is greater, for a three-plex unit or larger residential buildings, commercial and industrial properties and alleys. In any case, the walk shall be constructed in one course. Existing sidewalk sections located in a proposed driveway location and not at the minimum required thickness for the driveway, shall be removed and constructed to the specified thickness. SIDEWALKS IN NEW SUBDIVISIONS. Sidewalks shall be installed in all new subdivisions as indicated within the Deed of Dedication. New sidewalk construction, including sidewalk accessibility ramp, where applicable, shall be the responsibility of the abutting property owner. Repair of accessibility ramps, following initial installation, shall be the responsibility of the City. DRIVEWAY REQUIREMENTS. If PC Concrete is used for a driveway approach, the following criteria shall apply: Residential — 5" thickness minimum Commercial — 6" thickness minimum or the thickness of the adjoining facility pavement, whichever is greater. If asphalt is used for a driveway approach, the following criteria shall apply: Residential — 6 1/2" thickness minimum Commercial — 7 '/2" thickness minimum If asphalt is used for the driveway approach, the sidewalk section shall be PC Concrete. - 3 - Approved by the Waterloo City Council: March 26, 2012 PROPOSED MARCH 23, 2012 Residential — single family or duplex Commercial — three-plex unit or larger residential buildings, commercial and industrial properties, and alleyways If an existing sidewalk section is located in a proposed driveway location and is not at the minimum required thickness, the sidewalk shall be removed and constructed to the specified thickness. One (1) driveway per property, unless the property has 100 feet or more of street frontage along one street, then a second driveway may be constructed. Double frontage lots, reversed frontage lots and corner lots shall be limited to one (1) driveway on the street with the least vehicular traffic. If a property has an existing driveway and the property owner wishes to construct a second driveway, unless the property meets the requirements of the above paragraph, a new driveway may be constructed only if the existing driveway is removed and the existing curb cut replaced with full height curb. Exceptions to this requirement shall be granted by the City Council only. Existing unused driveway approaches and/or curb cuts shall be closed unless the property owner constructs a driveway on private property. No curb cuts granted within intersections unless it is a "T" intersection. Driveways that cause vehicles parked on private property to sit in or overhang into the public right-of-way shall not be allowed. Where possible, no driveway shall be nearer than three (3) feet to the owner's side property line. Where possible, driveway approaches shall be straight between the sidewalk and curb when construction of standard approach flares will infringe on the adjoining property's portion of the parking area. The rolled edge of the approach flare shall be poured to the top of the curb. Corner lots: Driveways shall be located no closer than twenty (20) feet to the point of tangency of a street corner. Driveways crossing ditches: Where driveway culverts are required to cross open drainage ditches, the size of the pipe shall be determined by the City Engineer, with an eighteen (18) inch inside diameter pipe (18" I.D.) as the minimum pipe size that shall be used. Should the depth of the drainage ditch not allow for this size pipe, the largest feasible pipe available shall be used. The pipe shall be a minimum of 2000D Reinforced Concrete Pipe. The property owner shall supply the pipe and approved fill material at their expense. The pipe shall be of sufficient length to ensure a 3:1 (horizontal to vertical) slope from the bottom of the ditch to the edge of the driveway. The Engineering Department shall be contacted for construction grades for placement of the culvert pipe. Hard surfacing of the driveway shall be at the owner's expense. Driveway flares shall commence at the centerline of the culvert. Sec. 14. SAWING OF CONCRETE FOR REMOVAL. Where sawing is required to remove existing concrete sidewalk, it shall be sawed full depth to prevent any damage to adjacent squares Approved by the Waterloo City Council: March 26, 2012 — 4 — Sec. 15. Sec. 16. Sec. 17. PROPOSED MARCH 23, 2012 of sidewalk or paving. Only full sidewalk panels shall be removed, no partial panel removal. Sawing for curb cuts shall be full depth with the SAW CUTS COMING TO A POINT WITH NO OVERLAPPING OR OVERCUTTING ALLOWED. The Contractor may elect to utilize a "corner saw" or six (6) inch diameter full depth core drill at the boxout corners to prevent said "overcutting". If the Engineer determines that overcutting may damage the surrounding slab, the saw cut shall be extended to the next transverse joint. Additional handwork, as approved by the Engineer, may be required in the corners of the removed boxouts. When the curb section is sawed for a curb cut and the pavement transverse or longitudinal joint is within six (6) feet, sawing shall continue to the pavement joint and the pavement removed. Each end of the new curb section shall be connected to the existing curb via a `BT' joint, with a minimum of two (2) #5 dowel bars, 24 -inches in length, evenly spaced, at each end of the new curb section. New curb shall be constructed as needed for proper curb cut dimensions. SUBGRADE. The subgrade upon which the sidewalk and/or driveway is to be placed shall be prepared by excavating or filling with suitable material to the finished subgrade elevation of the sidewalk and/or driveway. Said subgrade shall be tamped with an approved hand tamper or vibratory plate or rolled with an approved steel roller until smooth, firm, uniform, and unyielding (as approved by the Engineer) to the required depth below the finished grade line. All soft, spongy or yielding spots and all vegetable or other perishable matter shall be removed and the space refilled with suitable material. NO SAND will be allowed for fill, unless it is similar to the existing subgrade material found at the work site. The subgrade shall be thoroughly moistened prior to the placement of PCC. If the contractor is required to add water to the subgrade to provide uniform moisture content, the method of incorporating water into the subgrade shall not form mud or pools of water and shall be approved by the Engineer. FILLS AND CUTS. When filling is necessary to bring the walk and/or drive to grade, the fill shall be deposited and compacted in layers of not more than six (6) inches. The top of all such fills shall extend beyond the surface of the walk and/or drive on each side thereof not less than one (1) foot vertical to four (4) feet horizontal. Fill material shall be compacted to a minimum of ninety-five percent (95%) of its Standard Proctor Density or subbase density specification of the contract plans. For cuts, the distance from the base of the cut to the nearest edge of the walk and/or drive shall be at least one (1) foot. The cut slope shall no greater than one (1) foot vertical to three (3) feet vertical. Retaining walls: When sidewalk construction requires the installation of retaining walls to maintain or support adjacent soils or adjacent improvements, detailed retaining wall construction plans shall be submitted for approval by the City Engineer. Unless otherwise approved by the City Council, all retaining walls shall be located on private property. FORMS. Forms of wood or steel shall be used along each edge of the sidewalk and/or driveway. These forms shall be set true to line and grade and shall be held rigidly in place by stakes placed outside the forms and flush with or below the top edge of the forms. Form stakes shall be spaced no more than four (4) feet apart for wood forms and five (5) feet apart for steel forms. All steel forms shall have a height equal to the specified depth of sidewalk and/or driveway. Standard dimensional lumber for wood forms shall be acceptable, i.e., 2" x 4", 2" x 6", etc., and shall be free from warp and approved by the Engineer for use. All forms shall be - 5 - Approved by the Waterloo City Council: March 26, 2012 Sec. 18. Sec. 19. Sec. 20. PROPOSED MARCH 23, 2012 clean and free from mortar and/or dirt. When the sidewalk and/or driveway is curved, a one (1) inch nominal thickness wood form or flexible steel form shall be permitted. These forms shall be staked no more than two (2) feet apart or as approved by the Engineer. SETTING FORMS. The forms shall be well staked as detailed in Section 17 to the lines and grades given by the Engineer, and their edges shall conform to the finished grade of the walk. Forms shall be so set that the sidewalk shall have a slope toward the street of no greater than one quarter (1/4) inch for each foot of width. Sidewalks shall be set at a standard elevation of one (1) foot above the gutter flowline elevation. This elevation may be adjusted 0.25 feet up or down, but only by approval of the Engineer. Sidewalks, including the sidewalk section in driveway approaches, shall follow the grade of the street. The only exception is on a waiver of grade. Corner lots: sidewalks shall be set at an elevation that allows handicap accessibility ramps to be constructed at a target running slope of 6% but no greater than 8%. The back of the sidewalk shall be one (1) foot inside the right-of-way line. The forms for a new gutter section at driveways shall be set so that a two (2) inch lip shall be constructed. The forms for the gutter section of sidewalk accessibility ramps shall be set so that a one-half (1/2) inch lip shall be constructed. Obstructions: If an obstruction is encountered while installing a sidewalk in its normal location, the obstruction shall be removed or relocated. In cases where obstructions may be impractical or cost -prohibitive to move, the sidewalk may be shifted upon approval by the City Engineer. A shifted sidewalk shall be constructed at a maximum taper of 5:1 to and away from the obstruction, with a straight section adjacent to the obstruction. In no case shall a shifted sidewalk be closer than five (5) feet to the back of curb. Public sidewalks shall not be placed on private property without the approval of the City Council. ADJUSTMENTS. Whenever any adjustment of the grade or slope is necessary or advisable in order to have the work conform to existing abutting walk or other abutting structures, the adjustment shall be made only with the permission, and under the direction of the Engineer. EXPANSION JOINTS. Strips of an approved type of flexible foam expansion joint material, one-half (1/1) thick and meeting the requirements of Iowa DOT Specification Section 4136, shall be placed perpendicular to the side forms, and to the full depth of the walk at least once in every sixty (60) feet of walk or as directed by the Engineer, or as shown on the plans. Similar joints shall be provided when new walks abut other concrete walks, structures, or curbs. For lots having a frontage over sixty (60) feet in length, the expansion shall be placed on a joint approximately half way from the driveway to the farthest property line. One-half (1/2) inch expansion shall be used between the driveway approach and sidewalk; one-half (1/2) inch expansion shall be used between the approach and back of curb as detailed in Exhibit "A" - 6 - Approved by the Waterloo City Council: March 26, 2012 Sec. 21. PROPOSED MARCH 23, 2012 contained herein. An expansion joint shall be installed at the property line between the driveway and the approach section where waivers of the sidewalk section have been approved. READY -MIXED CONCRETE: Ready -mixed concrete shall be used for all public sidewalks and PC Concrete driveways within the public right-of-way. The term, "Ready -Mixed" concrete, shall be construed to mean concrete that is either: • Proportioned in a central plant and mixed in a stationary mixer for transportation in trucks with or without agitation; • Proportioned at a central plant and only partially mixed in a stationary mixer for transportation and finish mixing in a transit mixer; * Proportioned and then mixed in a transit mixer prior to or during transit. A. Transporting Concrete. Vehicles for transporting concrete shall be so constructed as to ensure against loss of any of the ingredients of the concrete and to ensure rapid discharge of the concrete. At the time of delivery, the concrete shall be uniform in composition and at the specified consistency. Concrete in which the cement has been in contact with the water and aggregate for more than 90 minutes before the time it is placed within the forms shall not be used. Under no circumstances shall partially hardened or re -tempered concrete be used. B. Delivery. The methods of delivering and handling the concrete shall be such that facilitates placing with a minimum of re -handling and without damage to the concrete. C. Truck -Mixed Concrete. When a stationary mixer is used for partial mixing of the concrete, the mixing time in the stationary mixer shall be not less than is required to intermingle the ingredients but not less than thirty (30) seconds. When a truck mixer is used, either for complete mixing or to finish partial mixing done in a stationary mixer, each batch shall be mixed not less than 50 nor more than 100 revolutions of the drum at the rate of rotation designated by the mixer manufacturer as mixing speed. Additional mixing, if any, shall be at the speed designated by the manufacturer of the equipment as the agitating speed. When a truck mixer is used for transporting concrete that has been completely mixed in a stationary mixer, mixing during transportation shall be at the speed designated by the manufacturer of the equipment as the agitating speed. D. Mix Design. 1. Cement: The acceptable mixes for driveways and sidewalks shall be C-4 or M-4. All sidewalk accessibility ramp and alley approach repairs shall be made with M-4 mix. 2. Aggregate: Class II aggregate shall be utilized. — 7 — Approved by the Waterloo City Council: March 26, 2012 Sec. 22. Sec. 23. PROPOSED MARCH 23, 2012 3. Air Content: The target entrained air content for all non -slip form driveways and sidewalks is 7.0% with a tolerance of ±1.5%. The target entrained air content for slip -form pavement is 8.0% with a tolerance of ± 2.0%. Field adjustments may be required for the finished entrained air content to be within the tolerance range. 4. Water and consistency: The amount of mixing water used shall be that which will produce workable concrete of uniform consistency. The slump of the concrete shall not exceed four (4) inches, except as approved or specified by the Engineer. 5. Fly Ash and Ground Granulated Blast Furnace Slag (GGBFS): The usage of Class C fly ash additive will be acceptable from March 16 to October 15. The fly ash substitution rate by weight shall not be more than 20 percent. The usage of GGBFS will be acceptable from March 16 to October 15. The maximum allowable GGBFS substitution rate by weight shall not be more than 35 percent. The total mineral substitution rate shall not exceed 40 percent by weight. Between October 16 and March 15, substitution of Type UII cement with fly ash and GGBFS will only be allowed when maturity testing is used to determine time of opening. PLACING CONCRETE. Ready -mixed concrete shall be placed immediately after delivery. Concrete shall be placed in a manner that will avoid segregation or separation of the ingredients. The concrete shall be spread evenly and tamped or vibrated, and it shall be well spaded against the forms, expansion joints or other abutting structures. Retempering of concrete by remixing with or without additional materials, shall not be permitted. CONSTRUCTION JOINTS. At the close of each day's work, or at any time when the process of depositing concrete i:s stopped for thirty (30) minutes or more, a construction joint shall be placed. For this joint a wood header board shall be used having a two (2) inch nominal thickness and conform to the cross section of the walk. This header board shall be set accurately and held in place perpendicular to the surface and at right angles to the centerline. Construction joints shall not be constructed within the sidewalk width of an intended or previously placed joint (no partial panels). Concrete shall be well vibrated against the header and finished with an edging tool. The header board and all supports shall be removed before paving resumes. When delivery of concrete is resumed, the concrete shall be placed against the exposed edge of the previously placed pavement, thoroughly vibrated and finished with an edging tool. Approved by the Waterloo City Council: March 26, 2012 Sec. 24. Sec. 25. PROPOSED MARCH 23, 2012 FINISH AND SLAB MARKINGS. After working the concrete to an approximate true surface, the concrete shall be cut with a tool to the required sawing thickness to form the concrete into four (4) foot squares or as directed by the Engineer. The surface shall be finished true to grade, with a steel trowel, and afterward roughened slightly with a broom. Sawing will be permitted, provided the sawing depth is as follows: SIDEWALK THICKNESS SAW CUT DEPTH 4 INCHES 1-1/2" 5 INCHES 1-3/4" 6 INCHES 2" All approaches over fifteen (15) feet in width at the property line shall have one longitudinal saw cut, as a minimum, centered in the approach, or as directed by the Engineer. Approaches over fifteen (15) feet in length from back of curb to the front of the sidewalk shall have one transverse joint, as a minimum, centered from back of curb to sidewalk. See Exhibit "C" for details. Sawing of the concrete shall be completed within 24 hours after the finish work has been completed. No imprinting of names, logos, etc. is allowed in the public sidewalk. CURING OF CONCRETE. All exposed surfaces shall be cured with a white pigmented curing compound meeting the requirements of Iowa DOT Specification Section 4105. CLEAR CURING COMPOUNDS SHALL ONLY BE PERMITTED FOR COLORED CONCRETE. Curing compound shall be applied in a fine spray to form a continuous, uniform film on the surface and vertical edges of the sidewalk and/or driveway slab as soon as the free water has appreciably disappeared, but no later than 30 minutes after finishing. The rate of application shall be not less then 0.067 gallons per square yard, covering 15 square yards per gallon. Care shall be taken to ensure that liquid curing materials shall be well agitated in the supply drum or tank immediately before transfer to the distributor and kept thoroughly agitated during application. Application shall be by means of power spraying equipment capable of producing a fine spray that will not damage the surface of the concrete. Hand operated sprayers will be allowed, provided that the compound remains a uniform color and application produces a uniform coverage. If forms are used, coat the vertical edges of the pavement within 30 minutes of form removal, using curing material applied at the same rate as on the surface. If, due to other operations, the coating is damaged within 72 hours after being applied, immediately re -coat the affected areas. Coating of the sawed surface with curing compound will not be permitted on joints that are to be sealed. When concrete is opened to traffic prior to 72 hours after application of the curing compound, a re -coating will not be required. The Contractor shall exercise extreme care to prevent curing compound from being applied to the - 9 - Approved by the Waterloo City Council: March 26, 2012 SEC. 26. PROPOSED MARCH 23, 2012 detectable warning surfaces. Failure to do so shall require cleaning of the detectable surface panels or removal and replacement, at the discretion of the Engineer. After August 31, all curb cuts that require removal and replacement of the existing PCC curb and gutter and/or any pavement sections shall be protected by application of a curing compound/linseed oil combination product that extends the curing time of the concrete and protects the entire surface of the pavement and curb from the de-icing agents utilized during cold weather. The combination curing product shall be W.R. Meadows LIN-SEALTM WHITE Curing and Anti-Spalling Compound or an Engineer approved equivalent. Said product shall be applied as specified above with application rates not less than 0.067 gallons per square yard, covering 15 square yards per gallon. Cold Weather Cure. Concrete less than 36 hours old shall be protected in the following manner: Night Temperature Forecast Type of Protection 35 to 32°F 31 to 25°F Below 25°F One (1) layer of burlap Two (2) layers of burlap or one (1) layer of plastic on one (1) layer of burlap Four (4) layers or burlap between layers of 4 mil plastic, insulation blankets meeting the requirements below, or equivalent commercial insulating material approved by the Engineer The protection shall remain until one of the following conditions is met: 1. The pavement is five (5) days old 2. Opening strength is attained. 3. Forecasted low temperatures exceed 35°F for the next 48 hours. 4. Forecasted high temperatures exceed 55°F for the next 24 hours and subgrade temperatures are above 40°F. When blankets are used, use blankets consisting of a layer of closed cell polystyrene foam protected by at least one layer of plastic film, rated by the manufacturer with a minimum R -value of 1.0. Shut down paving operations in time to comply with protection requirements outlined above. The cover may be temporarily removed to perform sawing or sealing. The Engineer may modify temperature restrictions and protection requirements. When cold weather protection has to be used to protect concrete, the impervious coating can be applied after the cold weather protection has been removed. The coating needs to be applied within four (4) hours after the removal of cold weather protection. WINTER DRIVEWAY & SIDEWALK CONSTRUCTION POLICY This section applies to Driveway and Sidewalk permits issued after the fall sidewalk and driveway permit issuance cut off has passed, typically mid-to-late November. All other City of Waterloo Driveway and Sidewalk Specifications shall be met with the following revisions: - 10 - Approved by the Waterloo City Council: March 26, 2012 Sec. 27. Sec. 28. PROPOSED MARCH 23, 2012 1. All frost shall be removed from the subgrade by either: a. Constructing a tent over the construction area and heating the tent with a salamander; b. Using a radiant ground heater with "fast track" blankets; c. Or other approved method. The complete absence of frost shall be verified by the Engineer before any concrete is placed. 2. The concrete mix shall be M-4 with 2% calcium and be maintained at a temperature of 55°F or above while pouring. 3. After placement, the concrete shall be protected and a temperature of between 50°F and 90°F maintained for at least five (5) days. WEATHER. Concrete shall not be placed when stormy or inclement weather prevents good workmanship. No lumps or frozen aggregate shall be used, and concrete shall not be placed on a frozen subgrade. If weather conditions are favorable concreting operations may be started when the temperature is at least 34°F and rising. At time of placement, the temperature of the mixed concrete as discharged from the mixer shall be 55°F or above, and may proceed as long as the temperature of the fresh concrete can be maintained at or above 55°F. Mixing and placing of concrete shall stop when the air temperature is 38°F. and falling. Cold weather curing methods shall be used for protection of the slab from freezing temperatures. CARE AND PROTECTION. Workmen shall not be permitted to walk on freshly placed concrete. Any sand, dirt or vegetation on the surface of the concrete shall be carefully removed before finishing. When completed, the concrete shall be protected from pedestrian or vehicular traffic per the table below. Forms shall not be removed before twenty-four (24) hours, and when removed, cure applied as per Section 25. Once the applied cure has dried, earth shall be banked and compacted against the edge of the driveway, alley or sidewalk. MIX USE PROTECTION TIME C-4 Sidewalk 3 days Driveway 3 days Alley approach 3 days M-4 Sidewalk 1 day Driveway 1 day Alley approach 1 day Sec. 29. ASPHALT DRIVEWAY APPROACH. If asphalt is used for a driveway approach, the following criteria shall apply: 1. Residential Drive -6-1/2" thickness, minimum 2. Commercial Drive -7-1/2" thickness, minimum 3. Asphalt materials shall meet the requirements of IDOT Type A Mix -3/4" or 1/2" mix for base, 1/2" or 3/8" mix for surface. The top two (2) inches shall not be Approved by the Waterloo City Council: March 26, 2012 Sec. 30. Sec. 31. PROPOSED MARCH 23, 2012 constructed with base mix. The asphalt shall be placed in layers with the base material and the surface material being compacted to a minimum of ninety-four percent (94%) of its density. The sidewalk section of the driveway shall be PC Concrete only. No asphalt shall be placed after November 15, except by approval of the City Engineer. Asphalt shall not be used for overlay of any sidewalk. Asphalt shall only be used for sidewalk construction in accordance with Section 33 of these specifications. SIDEWALKS OVER AREAWAYS. Whenever sidewalks are constructed or repairs are required, over areaways, basements, or vaults, the requirements of these specifications are applicable only to the extent that they do not conflict with the requirements of the Building Code of the City of Waterloo, Iowa. The construction of sidewalks over areaways, basements, or vaults shall be under the supervision of a Building Official or the Engineer BARRICADING AND TRAFFIC CONTROL. The Contractor shall erect barricades and traffic control devices to provide for the safety of the general public traveling to, through, within, along and across or to prevent the public from entering the construction area. Barricades and traffic control devices shall conform to the Federal Highway Administration (FHWA) Manual on Uniform Traffic Control Devices (MUTCD) (latest addition). THE USE OF CAUTION TAPE AND/OR CONSTRUCTION FENCE ALONE IS NOT ALLOWED. Sidewalk repair: Whoever makes the repairs shall erect traffic control devices at both ends of the work area. At a minimum, Type II barricades shall be used. Control devices shall be clean with good reflective properties. Flashing amber lights shall be required if the work area exists overnight. See Exhibit "E" for details. Alley approach repair:: The Contractor shall place Type III barricades with flashing amber lights, on both the alley and street side of the approach. Barricades shall be clean with good reflective properties. If public sidewalk abuts the alley approach, the barricades described above for sidewalk repair shall also be required and placed at each end of the sidewalk section. See Exhibit "E" for details. Curb repair: The Contractor shall place Type III barricades on each end of the work area. Flashing amber lights shall be required if the work area exists overnight. Barricades shall be clean with good reflective properties. See Exhibit "E" for details. The Engineer shall periodically review barricading and traffic control devices that have been put in place by the Contractor. If barricading and traffic control devices are found to be without proper maintenance, penalties shall be assessed. Improper maintenance shall include, but not be limited to, the following situations: A. Less than 100 percent of lights in working order. B. Any barricade or sign moved or tipped over. C. Fencing not supported in a vertical position. D. Fencing not placed around excavations when workers/equipment are not working at the location. E. Lack of proper barricades or signage. — 12 — Approved by the Waterloo City Council: March 26, 2012 Sec. 32. Sec. 33. Sec. 34. PROPOSED MARCH 23, 2012 The American Traffic Safety Service Association (ATTSA) publication "Quality Standards for Work Zone Traffic Control Devices" (current addition) shall be utilized by the Engineer to determine the acceptable quality level for typical work zone barricading and traffic control devices. Each incident is treated as a separate citation on an individual basis. It is not intended that minor deficiencies be penalized if corrected the day notification is given. In addition to the following schedule of fines, the Engineer may suspend work for irresponsible and/or repeated failure to construct the project using proper barricading and traffic control procedures. Penalties: 1st Offense Written warning given by City 2nd Offense $ 100 3rd Offense $ 250 4th Offense $ 500 5th Offense $1,000 6th Offense Engineer's discretion (amount equal to or greater than $1,000) PATCHING. A sidewalk may be patched upon inspection and approval by the City Engineer. Surface depressions with an area of eighteen (18) square inches or less may qualify for repair by patching. Holes to the full depth of the sidewalk and sections of the sidewalk completely missing not exceeding eighteen (18) square inches may also be repaired by patching. No sidewalk panel shall have a patched area, including surface and full -depth patches, exceeding fifty (50) percent of the panel's total area nor a total full -depth patch area greater than one-half (1/2) square foot. Pre -approved patching materials include the following materials and vendors: • Home Depot: QUIKRETE Vinyl Concrete Patcher (grey) • Lowes: QUIKRETE Vinyl Concrete Patcher (grey) • Menards: AKONA Vinyl Cement Patch USAGE OF THE ABOVE REFERENCED MATERIALS SHALL BE IN ACCORDANCE WITH THE MANUFACTURERS SPECIFICATIONS. ASPHALT SIDEWALKS AT RAILROAD CROSSINGS. Asphalt may be used for sidewalks only at railroad crossings. The asphalt sidewalk shall be a minimum six (6) inches thick and shall extend no less than six (6) feet and no greater than fifteen (15) feet from the edge of the railroad ties. The length of this approach shall be dictated by field conditions and approved by the City Engineer. Asphalt shall not be allowed to overlay existing concrete sidewalk. Sidewalks at railroad crossings shall be constructed to meet current ADA requirements concerning width and slope. WATER SHUT-OFF VALVES. During the placement of concrete where water valves (pay boxes) are present, concrete shall be separated from the water valve in accordance with a method approved by the Engineer. An acceptable method consists of the following: 1. Adjust the water valve pipe so that the top of the water valve cap is flush with the sidewalk. - 13 - Approved by the Waterloo City Council: March 26, 2012 Sec. 35. PROPOSED MARCH 23, 2012 2. Remove the water valve cap. 3. Place an ASTM 3034 plastic PVC pipe around the water valve pipe cut to the appropriate sidewalk depth. The plastic pipe shall be coated with an anti -bonding agent. The pipe diameter shall be such that once the plastic pipe is removed, the water valve cap can be freely turned within the concrete. 4. Place and fmish the concrete. 5. Remove the plastic pipe and fill the hole with suitable fill material. 6. Replace the water valve cap, ensuring that the top of the water valve cap is flush with the sidewalk. SLIP FORM SIDEWALK. Construction of sidewalk by slip form construction methods shall only be allowed at locations that will permit a minimum of one hundred fifty (150) feet of continuous pouring length of sidewalk and as approved by the Engineer. The slip form paving machine shall be approved by the Engineer and designed for the specific purpose of placing, consolidating, and finishing concrete sidewalk slabs without use of fixed side forms. Edges of the concrete slab as built by the machine shall be approximately vertical. The machine shall be self-propelled and shall be equipped with means for spreading the concrete to a uniform depth before it enters the throat of the machine. The machine shall vibrate the concrete to the full width and depth being placed in a single passage. Such vibration shall be accomplished by vibrating tubes or arms working in the concrete of the vibrating pan operating on the surface of the concrete. The amplitude, rate of vibration, and locking device for depth shall be as specified in Iowa DOT Specifications, Article 2301.07, Paragraph A(6)(a). The slip form paving shall produce a surface reasonably free of surface voids and tears. The slip form paving shall be equipped with automatic horizontal and vertical grade controls. The subgrade shall be constructed in accordance with Sections 15 and 16 of these specifications. SEC. 36. CURB SAWING FOR DRIVEWAY APPROACHES & SIDEWALK ACCESSIBILITY RAMPS. This work consists of horizontally and vertically saw cutting existing PCC curb to accommodate the construction of driveway approaches or sidewalk accessibility ramps in lieu of conventional PCC curb cut box -out removal and replacement methods. Contractors proposing to utilize this method of driveway approach or sidewalk accessibility ramp construction shall notify the Engineer at the time of permit issuance. Curb sawing shall only be performed by workers experienced in operating the required equipment. The PCC curb sawing system shall employ either a curb cutting machine or a track -mounted circular diamond blade wall saw. NO UNCONTROLLED HAND SAWING SHALL BE ALLOWED. For driveway approaches, the curb sawing shall be full depth at the base of the curb section face and shall be at a maximum elevation of 1/2" above the existing gutter and sawn at an angle that will provide an elevation of 2" above the existing gutter at the back of curb. For sidewalk accessibility ramps, the curb sawing shall be full depth at the base of the curb section face (gutter line) and sawn at an angle that will provide an elevation of 1/2" above the existing gutter at the back of curb. The corners of the resulting edge lips of the sawn curb shall be ground using a diamond blade Approved by the Waterloo City Council: March 26, 2012 - 14 - SEC. 37 SEC. 38. PROPOSED MARCH 23, 2012 grinding wheel to a radius of 1/4" or as approved by the Engineer. If the curb sawing method causes any damage to existing curb and/or street, as determined by the Engineer, a standard 2' rninimum curb cut box -out shall be installed. Upon completion of the curb sawing operations, all track mounting anchoring bolts, sleeves, lead plugs, etc. shall be immediately removed from the roadway PCC slab. The resulting holes shall be air blasted clean and filled immediately with TK Products, TK -9000, 100% EPDXY CRACK FILLER or an equal product approved by the Engineer. The exposed saw cut curb face shall be coated with a penetrating non -glossy sealer designed to protect the concrete from chloride intrusion and currently approved for use by the Iowa DOT (Materials I.M. 491.12, Appendix B), or an equal product approved by the Engineer, and placed in accordance with the manufacturer's specifications. SIDEWALK ACCESSIBILITY RAMPS. Sidewalk accessibility ramps (a.k.a. handicap ramps) allow all pedestrian facility users to easily and safely transition from sidewalks to streets. Regulations within the Federal Americans with Disabilities Act (ADA) and supplemental design guides provide rules for design and construction of these ramps. • Perpendicular Ramps: Perpendicular ramps have a running slope that cuts through the curb or meets the gutter grade break at a right angle. See Exhibits "A" and "Al" for details. • Parallel Curb Ramps (a.k.a. Non -perpendicular ramps): Parallel ramps have a running slope that is in-line with the direction of sidewalk travel and does not cut through the curb or meet the gutter grade break at a right angle. See Exhibits "A" and "Al" for details. • Blended Transitions: Blended transitions have slopes that are both parallel and perpendicular to the curb and are typically achieved by depressing the entire curb radius to street level, resulting in a nearly flat platform area behind the curb radius. See Exhibit "Al" for details. • Diagonal Ramps: Diagonal ramps generally direct pedestrian traffic into the center of an intersection, potentially endangering all users. Diagonal ramps shall not be installed within the City of Waterloo DETECTABLE WARNING SURFACES. Detectable warnings shall be placed at all new or reconstructed sidewalk accessibility ramps and placed in accordance with the design plans for that particular style of ramp. All detectable warning surfaces placed shall consist of truncated domes aligned in a square grid pattern, manufactured in accordance with the current ADA detectable warning regulations, andbe installed per the manufacturer's specifications. The detectable warning surfaces shall be cast iron or replaceable stainless steel. Colored detectable warning surfaces shall be Brick Red, Federal Color #22144 or as approved by the City Engineer. Once the detectable warning surfaces have been set, the contractor shall finish the edges along the detectable warning surfaces. The area between the detectable warning sections and the back of curb, if an area exists, shall be — 15 — Approved by the Waterloo City Council: March 26, 2012 PROPOSED MARCH 23, 2012 cured per Section 25. Contractors shall use care so that no cure is applied to the detectable warning sections. The following list of detectable warning surface producers and their products is not exhaustive. Producers and/or products not listed herein may be used upon approval by the City Engineer. Company Product Type MetaDome, LLC MetaCast Cast Iron EJ Grou., inc. Detectable Warning Plates Cast Iron Neenah Foundry Co. Cast Iron MetaDome, LLC MDMetaPanel Stainless Steel ADA solutions, Inc Replaceable Stainless Steel Wet Set Truncated Dome Detectable Warning Systems Stainless Steel Approved by the Waterloo City Council: March 26, 2012 - 16 - Mayor BUCK CLARK COUNCIL MEMBERS CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: March 21 2012 Prepared: March 26, 2012 Dept. Head Signature: DAVID JONES Ward 1 # of Attachments: SUBJECT: Change Order/Extra. Work Order No. 1 for a net increase of $28,495 for the addition of 218 West Mullan Avenue and 910 Shaulis Road for demolition services (Non-RACM) in conjunction with FY 2012 Demolition Contract for the following properties: 212 Jefferson, 302 Jefferson, 306-308 Jefferson and 312 Jefferson, and 319 W. 2" Street. CAROLYN Submitted by: Noel Anderson- Community Planning & Development Director COLE Ward 2 HAROLD GETTY Ward 3 Recommended City Council Action: Change Order/Extra Work Order No. 1 for a net increase of $28,495 for the addition of 218 West Mullan Avenue and 910 Shaulis Road for demolition services (Non-RACM) in conjunction with FY 2012 Demolition Contract for the following properties: 212 Jefferson, 302 Jefferson, 306-308 Jefferson and 312 Jefferson, and 319 W. 2°d Street. QUENTIN HART Summary Statement: The original contract was approved on February 22, 2012. The city Ward 4 has since acquired the former Happy Chef building and is under a strict timetable to RON demolish the to allow the Iowa Community Credit Union to prepare for new construction WELPER and set up a temporary building. The house at 910 Shaulis, is apart of the Shaulis Road Ward 5 extension project needs to be demolished before grading begins which is the reason for the BOB change order for both properties GREENWOOD At -Large Expenditure Required: The original contract amount was for $44,850.00. The total cost STEVE for 910 W. Shaulis Road is $8,500.00 and $19,995 for 218 W. Mullan Ave. (former Happy SCHMITT Chef). At -Large Source of Funds: The demolition activities of this site will be undertaken by the City of Waterloo using G.O. funds, for nuisance abatement. Policy Issue: New development -Sports Complex Alternative: N/A Background Information: The City of Waterloo purchased these properties to demolish in preparation of the Downtown Sports Complex. cc: NOEL C. ANDERSON, Community Planning & Development Director CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer • CITY OF WATERLOO Committee Communication City Council Meeting: March 26, 2012 Prepared: March 20, 2012 Dept. Head Signature: # of Attachments: 3 ep tit( AryL 'Wu toig, Ovrolmaiak N)a. 51t1 SUBJECT: Ordinance Amendment of 7-1-2B Snow And Ice Removal Submitted by: Larry Smith; Superintendent of Waste Management Services Recommended City Council Action: Approve ordinance amendment of 7-1-213 Snow And Ice Removal Summary Statement: Expenditure Required: None Source of Funds: Policy Issue: Currently in: City of Waterloo Snow and Ice Control Program and Policy Alternative: Use current 7-1-2B Snow And Ice Removal Ordinance Background Information: The ordinance amendment changes from "remove accumulations of snow and ice from the sidewalks" to "remove accumulations of two inches or more of snow and ice from the sidewalks." The ordinance amendment takes away current ordinance of "within a reasonable amount of time" to time frames of "Within twenty-four (24) hours in downtown, business districts, or a three (3) block radius of schools and hospital areas" and "Within forty-eight (48) hours in residential neighborhoods." The ordinance amendrnent adds, "If another snow event occurs, the timeframe will not be reset." From currently, "If snow falls between the time the property was posted and the follow up date, the time for removal begins again when the snow stops falling" by code enforcement, not in Snow and Ice Control Program and Policy or city ordinance. In the, City of Waterloo Snow and Ice Control Program and Policy, the wording is: "In no case shall a reasonable time be construed as less than 24 hours for commercial areas and areas directly adjacent to high pedestrian traffic generators such as schools, or 72 hours in other areas." Comparing, Snow and Ice Control Program and Policy to the ordinance amendment downtown, business districts, schools and hospital is the same 24 hours as the current ordinance, but residential neighborhoods is being changed from 72 hours in the, Snow and Ice Control Program and Policy to "Within forty-eight (48) hours" in the ordinance amendment. The ordinance amendment adds #3 that is not in the current ordinance. • Sterling Codifiers, Inc. Page 1 of 3 7-1-2: PROHIBITED ACTS AND CONDITIONS: A. Coasting: 1. Toy Vehicles: No person shall coast down, in or upon the streets in the city upon or in any wagon, tricycle, roller skates or any other nonmotor propelled devices, other than bicycles, except in the manner and under and upon the conditions set outin subsection A3 of this section. 2. Motor Vehicles On Sidewalks: No person shall coast down, in or upon the public sidewalks in the city upon or in a motor propelled vehicle of any kind. 3. Play Streets; Exceptions: No person shall coast down, in or upon the streets or public sidewalks in the city upon or in any sled, coaster wagon or scooter, except that coasting with sleds, coaster wagons or scooters shall be permitted on certain streets so designated and closed by the police department, and the police department shall specify and designate such street or streets following a conference and agreement with the leisure services department, and all such coasting so permitted shall be under the supervision of the leisure services department. All coasting may be thereafter prohibited and the streets closed to coasting by the police department, if, in the opinion of the police department or the captain of traffic thereof, that the coasting constitutes a nuisance or hazard. --�' B. Snow And Ice Removal: 1. Transfer Of Snow And Ice From Private Property: No person shall transfer or cause to be transferred any snow or ice from private property onto public property in the city. 2. Removal From Sidewalks: It shall be the responsibility of the abutting property owner to remove accumulations of snow and ice from the sidewalks within a reasonable amount of time. C. Injurious Materials: 1. No person shall throw or deposit upon any street, alley or sidewalk in the city, any glass, glass bottles, nails, tacks, wire, cans or any other substance likely to injure any person, animal or tires, or other part of a vehicle, using the street, alley or sidewalk. 2. Any person who drops or permits to be dropped or thrown upon any street, alley or sidewalk of the city, any destructive or injurious material, shall immediately remove the material, or cause it to be removed. 3. Any person removing a wrecked or damaged vehicle from a street shall remove any glass or other injurious substance dropped upon the street from the vehicle. http://www.sterlingcodifiers.com/codebook/printnow.php 2/10/2012 Date: March 2, 2012 Ordinance Amendment of 7-1-2B Snow And Ice Removal: 1. Transfer Of Snow And Ice From Private Property: No person shall transfer or cause to be transferred any snow or ice from private property onto public property in the city. 2. Removal From Sidewalks: It shall be the responsibility of the abutting property owner(s) to remove accumulations of two inches or more of snow and ice from the sidewalks. (a) Within twenty-four (24) hours in downtown, business districts, or a three (3) block radius of schools and hospital areas. (b) Within forty-eight (48) hours in residential neighborhoods. (c) If another snow event occurs, the timeframe will not be reset. 3. In the event that snow or ice cannot be reasonably removed, the owner will put on the sidewalk sand or other abrasive material in such an amount and manner to make foot traffic reasonably safe. The owner will maintain that condition until the weather permits the removal of the snow or ice. Snow and Ice Control Program and Policy Page 5 Operators will contact the Street Department to determine when it would be best to refuel. 7. Equipment operators shall obey all traffic laws during snowplowing operations. 8. Operators who are involved in an accident are required to report the accident to their immediate supervisor and the Police Department at once. Operators nist also complete an accident report and submit it to their immediate supervisor before the end of their shift. SIDEWALKS ANI) PARKING LOTS Sidewalks 1. All sidewalks adjacent to City -owned property should be cleaned by the City during normal shift hours, This is accomplished by Traffic, Parking Maintenance and Leisure Services personnel. (See Appendix C) 2. The cleaning of all other sidewalks is the responsibility of the adjacent property owner. The City will attempt to prevent plowing snow onto sidewalks; however, the City will not clean sidewalks adjacent to private property. Cleaning sidewalks that are plowed in by City plows is the responsibility of the adjacent property owner. Complaints will be handled by the Street Department. No person shall transfer or cause to be transferred any snow or ice from private property onto pubic property in the City. It shall be the responsibility of the abutting property owner to remove accumulations of snow and ice from the sidewalks within a reasonable amount of time. 3. It is the responsibility of the business persons and property owners to keep the sidewalk in front of and adjacent to their businesses or property cleaned and to prevent snow and ice accumulations from building up around the city parking meters. 4. Enforcement of City Ordinance pertaining to snow removal from public sidewalks is the responsibility of the Superintendent of Waste Management Services. 5. Snow should be removed from public sidewalks within a reasonable length of time following the end of a snowfall event. The timeframe for snow removal is related to several factors such as the anticipated pedestrian traffic, amount of snowfall, weather conditions, etc. Public sidewalks not cleared within a reasonable time may be subject to code enforcement actions. In no case shall a reasonable time be construed as Iess than 24 hours for commercial areas and areas directly adjacent to high pedestrian traffic generators such as schools, or 72 hours in other areas. City Parking Lots 1. All City parking lots will generally be cleaned between 12:00 a.m. and 8:00 a.m, Snow hauling from these :lots will be done as needed by the Parking Maintenance Department. Snow hauling from parking lots will generally be done during the day; Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: MARCH 26, 2012 Prepared: March 21, 2912 Dept. Head Signature: s/ X # of Attachments: u SUBJECT: Resolution setting date of hearing as April 9, 2012 to approve a request by Invision Architecture on behalf of the Waterloo Community School District to rezone 20.56 Acres from "A-1" Agricultural District to "R-1" One and Two Family Residence District, property located at the northeast corner of Kimball Avenue and East Orange Road in connection with the new Orange Elementary School, generally located at the northeast corner of Kimball Avenue and East Orange Road. Submitted by: Noel Anderson, Community Planning and Development Director Recommended City Council Action: Set a date of public hearing on the rezoning request and publish an official notice pertinent to the requested rezoning. Summary Statement: Transmitted herewith is a request set a date of hearing to approve request to rezone 20.56 acres to "R-1" One and Two Family Residence District in connection with the new Orange Elementary School. Expenditure Required: None Source of Funds: N/A Policy Issue: Rezone Legal Description: See attached Plat of Survey Background Information: The applicant is currently constructing a new elementary school located approximately 1,000 feet north of the existing Orange Elementary School. The proposed school will be similar in design to Highland Elementary School that was approved in mid -2010. Highland School was 75,000 SF and contained 120 parking stalls. A school is permitted in the existing "A-1" Agricultural District, but the applicants have requested the site to be rezoned to "R-1" One and Two Family CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Residential District to be consistent with planned residential development surrounding the proposed school. The proposed location is principally vacant agricultural ground although several agricultural buildings that had previously been associated with the farmhouse on 5463 Kimball Avenue will be demolished. The home at 5463 Kimball Avenue will remain and is not part of the site in question. The site plan would appear to meet all setback requirements for the one-story school facility, and has sufficient green space for future growth and expansion. The school would be built to have a similar capacity as Highland Elementary, which is being built for 450 students, with the ability to expand up to 650 students. The Zoning Ordinance requires that for elementary, middle schools and other places of under driving -age students, 1 parking space for each person regularly employed on the premises, and 1 parking space for each classroom. Although exact numbers are not known at this time it would appear the preliminary site plan shows 129 parking stalls which would appear to be adequate for the proposed elementary school. At this time, there are no immediate demolition plans for the existing Orange Elementary School. In addition, future plans for use of the existing building are unknown. At their September 13, 2011 meeting, the Planning, Programming and Zoning Commission unanimously recommended approval of the request. cc: Noel Anderson, Community Planning & Development Director Path: K:\USERS\Planning\Adam\Council Letters\letter Rezone from A-1 to R-1 for Orange Elementary 3.26.12.doc REQUEST: APPLICANT: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: DEVELOPMENT HISTORY: BUFFERS/ SCREENING REQUIRED: DRAINAGE: FLOODPLAIN: PUBLIC /OPEN September 13, 2011 Request by Invision Architecture on behalf of the Waterloo Community School District to rezone 20.56 Acres from "A-1" Agricultural District to "R-1" One and Two Family Residence District, for the purpose of constructing the new Orange Elementary School, generally located at the northeast corner of Kimball Avenue and East Orange Road. Invision Architecture, 501 Sycamore Street, Suite 101, Waterloo, IA 50703, on the behalf of the Waterloo Public School District. The applicant is requesting to rezone the property generally located at the northeast corner of Kimball Avenue and East Orange Road. Currently, the site is zoned as "A-1". The applicants have asked that the site be rezoned to "R-1" for the purpose of constructing the new Orange Elementary School. The request would not appear to have a negative impact on the neighborhood, as the proposed use would develop currently vacant agricultural ground and take the place of the existing Orange Elementary School. The request would appear to have minimum impact on traffic conditions in the area. Access to the site in question would be from Kimball Avenue, which is classified as a collector street. Access at the previous site was off Kimball Avenue as well as E Orange Street. There are no recreational trails within the nearby vicinity, and currently there are no plans to extend recreational trails to this area. The property in question in currently zoned "A-1" Agricultural District: and is proposed to be rezoned to "R-1" One and Two Family Residence District. Other properties on the east side of Kimball Avenue are zoned "A-1"Agricultural District. Properties on the west side of Kimball Avenue are zoned "R-1" One and Two Family Residence District. North, East and South —Agricultural uses. West- Single-family residences. The surrounding residential uses were built in the 1950's and 60's. No additional screening is needed for the request as no residences are present directly adjacent to the proposed school. The proposed development would be required to submit storm water calculations and a storm water retention plan to the Engineering Department. The land in question is not located within any Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map dated July 11, 2011. Lichty Park is located 1,200 feet west of the site in question. The 9.13.11 Rezone Al to R1, Orange School Page 1 of 3 1 SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: September 13, 2011 existing Orange Elementary is located approximately 1000 feet to the south. The area is served by water, sanitary sewer, and other utilities. There is an 8" sanitary sewer line and a 15" storm sewer line along Kimball Avenue to the west. In addition, plans are underway for an 8" sanitary sewer line to be extended from Hammond Avenue with the expected completion of the line to occur before the school would be finished. The Future Land Use Map designates this site as Low Density Residential. An education can be located in almost any zoning district upon issuance of a special permit, making this compatible with the Comprehensive Plan and Future Land Use Map. The site is located within the Primary Growth Area as designated on the Growth Area Map within the Comprehensive Plan. The proposed rezone consists of approximately 20.56 acres located generally located at the northeast corner of Kimball Avenue and East Orange Road. The applicant is proposing to construct a new elementary school located approximately 1,000 feet north of the existing Orange Elementary School. The proposed school will be similar in design to Highland Elementary School that was approved in mid -2010. Highland School was 75,000 SF and contained 120 parking stalls. The proposed location is principally vacant agricultural ground although several agricultural buildings that had previously been associated with the farmhouse on 5463 Kimball Avenue will be demolished. The home at 5463 Kimball Avenue will remain and is not part of the site in question. The site plan would appear to meet all setback requirements for the one-story school facility, and has sufficient green space for future growth and expansion. The school would be built to have a similar capacity as Highland Elementary, which is being built for 450 students, with the ability to expand up to 650 students. The Zoning Ordinance requires that for elementary, middle schools and other places of under driving -age students, 1 parking space for each person regularly employed on the premises, and 1 parking space for each classroom. Although exact numbers are not known at this time it would appear the preliminary site plan shows 129 parking stalls which would appear to be adequate for the proposed elementary school. At this time, there are no immediate demolition plans for the existing Orange Elementary School. In addition, future plans for use of the existing building are unknown. There is no platting required for this request, but platting may be required when the area is developed. 9.13.11 Rezone Al to R1, Orange School Page 2 of 3 2 September 13, 2011 STAFF Therefore, staff recommends that the request to rezone from "A-1" RECOMMENDATION: Agricultural District to "R-1" One and Two Family Residence District be approved for the following reasons: 1. The request would not appear to have a negative impact upon the surrounding area, and would appear to be compatible with the surrounding area. 2. The request is in conformance with the Comprehensive Plan and Future Land Use Map. 9.13.11 Rezone Al to R1, Orange School Page 3 of 3 3 Request By Waterloo Community Schools to Rezone Property From "A-1" to "R-1" For New Orange Elementary School Area Proposed to be Rezoned For New Orange Elementary School Sidehill Dr =' E Orange Rd Existing Orange School Location 500 250 0 500 4 WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC. P.O. BOX 898 WATERLOO, IOWA 50704-0898 PHONE: (VOICE) 319-235-6294 (FAX) 319-235-0028 PC\ 200 1 INCH = 200 FEET C E PLAT OF SURVEY PARCEL "A" PART OF THE SW 1/4, S11110N 15—TBBN—R13W WATERLOO, BLACK HAWK COUNTY, IOWA SUF;VEY FOR: WATERLOO COMMUNITY SCHOOL DISTRICT PROPRIETOR: HOPE ANDERSON SURVEY LEGEND: SHEET 2 OF 2 W 1/4 CORNER SEC. 15—T88N—R13W DENOTES SET MAO NAIL (FOUND 3' A UM MON.) WASHER #16775 MISC_ 343-351 0 DENOTES 1/2" X 24" STEEL REBAR W/ RED PLASTIC CAP W/ NO. 16775 SET KIMBALL AVE. 000.00 (000.00) 563' 12'24'W) 175.01') O� N a- 0 . Z Z O r.)2 - ,i CO 0 wb"." 1 Le p N 1 U6°0 pIL) SFIELD BOOK 697-01 LO. 550-517 (40.00) (N89'12'24'E) 40' 35° 125' DENOTES RECORD DIMENSION DENOTES F1ELD DIMENSION S 1/4 CORNER SEC. 15—T88N—R13W (FOUND 1/2' REBAR) MISC. BK. 320-501 LD. 109-313 (2657.36') (583'12'24'1) E. ORANGE ROAD ON 3113530 6 WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC. P.O. BOX 898 WATERLOO, IOWA 50704-0898 LEGAL DESCRIPTION PARCEL "A" PLAT OF SURVEY PHONE: (VOICE) 319-235-6294 (FAX) 319-235-0028 SHEET 1 OF 2 PARCEL "A' PART OF THE SW 1/4, SECTION 15—T88N—R13W WATERLOO, BLACK HAWK COUNTY, IOWA SURVEY FOR: WATERLOO COMMUNITY SCHOOL DISTRICT PROPRIETOR: HOPE ANDERSON That part of the Southwest Quarter (SW 1/4) of Section Fifteen (15), Township Eighty—eight North (T88N), Range Thirteen West (R13W), Fifth Principal Meridian, Waterloo, Black Hawk County, Iowa. described es follows: Commencing of the Southwest corner of aforesaid Southwest Quarter (SW 1/4); thence N00'09'58'W Six Hundred Twenty—five and Four Hundredths (625.04) feet along the West tine of said Southwest Quarter (SW 1/4); thence N89"12'24"E Forty (40.00) feet to the East right—of—way line of Kimball Avenue as shown on Land Deed 550, Page 517 in the Black Hawk County Recorder's Office and to the point of beginning; thence continue N89'12'24"E Eight Hundred Fifty and Five Hundredths (850.05) feet; thence N00'09'58'W One Thousand One Hundred and Seven Hundredths (1100.07) feet thence S89'12'24"W Six Hundred Seventy—five and Four Hundredths (675.04) feet; thence 500'09'58"E Two Hundred Twenty—five and One Hundredths (225.01) feet thence S89'12'24'W One Hundred Seventy—five and One Hundredth (175.01) feet to aforesaid East right—of—way line; thence S00'09'58"E Eght Hundred Seventy—five and Five Hundredths (875.05) feet along said East right—of—way fine to the point of beginning containing 20.562 Acres. C E SFIELD BOO 697-01 This Piot or Subdivision hos been reviewed by (Waterloo) Signature of (Waterloo) Zoning Ordinance Administrator Date CERTIFICATION 1 hereby certify that this land surveying document woe prepared and the related survey work was performed by ma or under my direct pa -canal supervision and that I am a duly Licensed Lurid Surveyor under the Ices of the State of kmo. Date of Survev.. xgmture•. David L Sehag, L5. Dat, 20- License Nn Pages or Sheets Covered by thle 5^d• 2 uy license renewal date Is December 31. 2012 16775 ON 31H S33 7 w »NIN301313 3ONV JO rviao IooVpS A!uipuuwo oo4a00 \\\N O O mSa\\\ t 6 � n 6 •uolloasaa1u! Jo .zauzoa lsamginos paWooj Si joogos ,Cz13uauzaig a2UEJO Bujsixa atj,j, -peog a5u1UO a Timm anuanV jjEquzix Buow Tilos Bupjoo' •joogos ,Caluauzajg 02uTeLO mou alp RI' pauozaz aq pasodoad ualu 04111 outland jJEquI { ssozoe;seatpnos 2uploo' •joogos kfaluauzalg o um° mail alp ao3 pauozaa aq of pasodoad cave anuanV jjegtui}I ssozoe 2spa 2ui}joo' •loogos kaluauzajg a2ueJ0 mau aoj pauozaz aq pasodoad ualU 11 anuaw jjequ ,J ssozou 1sea4Pou uploo7 P)I auezO a pug OAV IiugtuDI auozag Iootlos kmuotuajg aue.O — „I -2I„ O1 «t -H„ auoza)l Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: March 26, 2012 Prepared: March 21, 2012 Dept. Head Signature: -6" 64 # of Attachments: / u SUBJECT: Request to set a date of public hearing as April 9, 2012 to authorize the vacate of a portion of W 2nd Street, located between Jefferson Street and Washington Street, a portion of Washington Street, from W 3rd Street to W 2nd Street, and a portion of the public alleys located in Block 13 and Block 14 of Original Plat of Waterloo West, to allow for the development of a new 130,000 SF recreational and athletic indoor sports facility (Cedar Valley Sportsplex). Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: Approval. Summary Statement: Transmitted herewith is a request to vacate a portion of W 2nd Street, located between Jefferson Street and Washington Street, a portion of Washington Street, from W 3rd Street to W 2nd Street, and a portion of the public alleys located in Block 13 and Block 14 of Original Plat of Waterloo West, to allow for the development of a new 130,000 SF recreational and athletic indoor sports facility (Cedar Valley Sportsplex). The request would not appear to have a detrimental impact on the traffic in the area, as they are not heavily traveled streets. There is a 15" sanitary sewer line located within 2nd Street, which runs from Washington Street northeast and stops at the alley. There is a 15" sanitary sewer that runs along the alleys within Block 13 and 14 of the Original Plat of Waterloo West, which connects with the sewer in W 2nd Street. There is a 60" sanitary sewer located within Washington Street. There is also a 12" storm sewer located within W 2nd Street, which runs from Washington Street to Jefferson Street. There is a 6" and a 12" water main located within Jefferson Street. Also, there is a 6" water main in W 2nd Street, between Jefferson Street and Washington Street, and that line will either need to be used by the applicant or killed. It appears as if the 60" sanitary sewer located within Washington Street will remain, so an easement will need to be maintained over that area, however, the rest of the sewer lines and any other utilities will be abandoned or relocated as part of this project, as they will not serve any properties; therefore no easements will need to be retained over the rest of the areas. CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Please find attached a legal description of the area to be vacated and conveyed, staff report and aerial photograph. Therefore, we would ask that the City Council set a date of public hearing as April 9, 2012, and publish and official notice pertinent to the request to vacate the area described in Exhibit "A". Expenditure Required: None Source of Funds: None required Policy Issue: Land Use and Economic Development Alternative: Background Information: The City of Waterloo, in conjunction with Waterloo Development Corporation, has been acquiring the necessary properties that encompass the two -block area for several years now, in anticipation of constructing the Cedar Valley Sportsplex. Legal Description: See attached legal descriptions AS:sg cc: Noel Anderson, Community Planning & Development Director. --file-- February 7, 2012 ZONING HISTORY FOR SITE AND IMMEDIATE The properties in question are zoned "M-1" Light Industrial District, VICINITY: and have been zoned as such since adoption of the Zoning Ordinance in 1969, however the applicant is in the process of requesting to rezone the properties to "C-3" Central Business District. The properties to the east and north are zoned "C-3" Central Business District, while the vacant lot across U.S. Hwy 63 to the west is zoned "M-1" Light Industrial District. DEVELOPMENT HISTORY: A majority of the buildings within the vicinity of the vacate areas have been torn down by the City in anticipation of this project. Most of those buildings and surrounding buildings were constructed in the mid 1900's. The area is part of the 1854 Original Plat of Waterloo. BUFFERS/ SCREENING REQUIRED: There would not be any screening requirements for this development, although landscaping will be required per the Zoning Ordinance. DRAINAGE: There are no known drainage problems for the site. FLOODPLAIN INFORMATION: The property is located within Zone X — Protected by Levee as indicated by the Flood Insurance Rate Map No. 190025 301 F and 302F. PUBLIC/OPEN SPACES/SCHOOLS: The Waterloo River Loop Expo is located just to the east along Jefferson Street. Also, the Waterloo Center for the Arts, Phelps Youth Pavilion, Waterloo Public Library, and Young Arena are located a few blocks to the north, the convention center is located a few blocks to the east, and the Grout Museum, Imaginarium, and Washington Park are located a few blocks to the south. UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC: There is a 15" sanitary sewer line located within 2nd Street, which runs from Washington Street northeast and stops at the alley. There is a 15" sanitary sewer that runs along the alleys within Block 13 and 14 of the Original Plat of Waterloo West, which connects with the sewer in W 2nd Street. There is a 60" sanitary sewer located within VVashington Street. There is also a 12" storm sewer located within VV 2nd Street, which runs from Washington Street to Jefferson Street. There is a 6" and a 12" water main located within Jefferson Street. Also, there is a 6" water main in W 2nd Street, between Jefferson Street and Washington Street, and that line will either need to be used by the applicant or killed. It appears as if the 60" sanitary sewer located within Washington Street will remain, so an easement will need to be maintained over that area, however, the rest of the sewer lines and any other utilities will be abandoned or relocated as part of this project, as they will not serve any properties; therefore no easements will need to be retained over the rest of the areas. RELATIONSHIP TO COMPREHENSIVE The Future Land Use Map (February 3, 2003) designates the area LAND USE PLAN: as Commercial. The vacate would allow for the Sportsplex facility, which would be consistent with the Future Land Use Map. The request is in conformance with the goals and policies of the Comprehensive Plan, including the policy to continue to support 02-07-12 Cedar Valley Sportplex Vacates.doc Page 2 of 3 STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: February 7, 2012 infill development in the community as an alternative to other types of urban expansion. The site is located within the Primary Growth Area. The applicant is proposing to vacate several areas of right-of-way in order to construct the highly anticipated Cedar Valley Sportsplex, a 130,000 SF recreational and athletic indoor sports facility. The first area is a portion of W 2nd Street, from Washington Street to Jefferson Street. The second area is Washington Street, from W 2nd Street to W 3rd Street, and the third area is the 2 alleys that lie within Block 13 and 14 of the Original Plat of Waterloo West. It would appear that the portions of Washington Street and W 2nd Street do not get a lot of traffic on them, as the City of Waterloo, in conjunction with Waterloo Development Corporation, has been acquiring the necessary properties that encompass the two -block area for several years now, in anticipation of constructing the Cedar Valley Sportsplex. There are two properties within the two -block area that are not part of the Cedar Valley Sportsplex plan: 300 W 3rd Street, which is the former Operation Threshold building, and 316-318 W 3rd Street, which is the Kistner Building. The portion of alley that abuts these two properties are not a part of the vacate request at this time, and that portion of alley will remain to provide access and utility connections. Staff believes that the proposed development will have a positive impact on not only the downtown area, but also the community as a whole. The Cedar Valley Sportsplex will provide recreational activities year round; something that the community currently does not offer. This development will also tie in with the other nearby downtown redevelopment areas, such as the River Loop Expo, Public Market, and Amphitheatre. Also, Young Arena, the Center for the Arts, Youth Pavilion, Library, multiple recreational trails and the Cedar River are all located nearby. The applicant is not proposing to subdivide the property at this time. Therefore, staff recommends the request to vacate the street and alley right-of-ways to allow for the construction of the new Cedar Valley Sportsplex be approved for the following reasons: 1. The request would appear to have a positive impact on not only the immediate area, but also the entire community as a whole, by constructing a recreational facility that can be used year round. 2. The vacation of the right-of-way and alleys would not appear to have a detrimental impact on the traffic in the area, as they are not heavily traveled streets. 02-07-12 Cedar Valley Sportplex Vacates.doc Page 3 of 3 N Nes. IFW-41//M1111111‘ Request To Vacate a Portion of W 2nd St, Washington St and Two Alleys for the Purpose of Constructing the New Cedar Valley Sportsplex C E S WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC. PHONE: (VOICE) 319-2.35-6294 P.O. BOX 898 WATERLOO, IOWA 50704-0898 (FAX) 319-235-0028 LEGAL DESCRIPTION a SKETCH PARTIAL WASHINGTON STREET VACATION PART OF PARCEL SW OF BLOCK 14, THE ORIGINAL PLAT WEST OF THE CEDAR RIVER CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA SKETCH FOR WATERLOO DEVELOPMENT CORPORATION LEGAL DESCRIPTION: WASHINGTON STREET VACATION SHEET 1 OF 2 \ That part of parcel lying Southwest of Block Fourteen (14), the Original Plat, on the West Side of the Cedar River, in the City of Waterloo, Block Howk County, Iowa, described as follows: Beginning at the most Southerly corner of aforesaid Block Fourteen (14); thence Southwest Thirty (30) feet along the Southwesterly extension of the Southeast line of said Block Fourteen (14); thence Northerly to the most westerly corner of said Block Fourteen (14); thence Southeasterly along aforesaid Southwest line of Block Fourteen (14) to the point of beginning. lei-el/144W Q - !A 1 ,i t,v1di'1 ace V, Q,14 ✓ a 1-1-c i2p ovi FIELD BOOK 68s-10 Ll�ENS D I UNA CERTIFICATION I hereby certify that this lond surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Iowa. Signature: oillrA.Att vd SchellNIA Date: 20 II.'" License No Pages or Sheets Covered by this Sear 2 My license renewal date is December 31, 2012 16775 ON 311J S30 r- ••• r WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC. PHONE: (VOICE) 319-235-6294 P.O. BOX 898 WATERLOO, IOWA 50704-0898 (FAX) 319-235-0028 LEGAL DESCRIPTION a SKETCH PARTIAL WASHINGTON STREET VACATION PART OF PARCEL SW O1= BLOCK 14, THE ORIGINAL PLAT WEST OF THE CEDAR RIVER CITY OF WATERLOO, BLACK HAWK COUNTY, I O 50 SKETCH FOR WATERL.O DEVELOPMENT CORPORATI SHEET 2 OF 2 1 INCH = 50 FEET S SURVEY LEGEND: h. ti 000.00 UI NOTES RECORD DIMENSION (000.00) DENOTES FIELD DIMENSION LOCK ,=14 ORIGINAL; PLAT aTHE -CEDAR °RIVET "OF WATERLOO C FIELD BOOK 685-10 C E WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC. PHONE: (VOICE) 319-235-6294 P.O. BOX 898 WATERLOO, IOWA 50704-0898 (FAX) 319-235-0028 LEGAL DESCRIPTION a SKETCH PARTIAL WEST SECOND STREET VACATION PART OF BLOCKS 13 & 14, THE ORIGINAL PLAT WEST OF THE CEDAR RIVER CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA SKETCH FOR WATERLOO DEVELOPMENT CORPORATION SHEET 1 OF -2..\\ LEGAL DESCRIPTION: WEST SECOND STREET VACATION That part of the Original Plat, on the West Side of the Cedar River, in the City of Waterloo, Block Hawk County, Iowa, described as follows: Beginning at the most Southerly corner of Block Thirteen (13), oforesoid Original Plot; thence Northeasterly long the Southeasterly line of said Block Thirteen (13) to the most Easterly corner of said Block Thirteen (13); thence Southersterly to the most Northerly corner of Block Fourteen (14), aforesaid Originol Plat; thence Southwesterly along the Northwesterly line of said Block Fourteen (14) to the most westerly corner of said Block Fourteen (14); thence Northwesterly to the point of beginning; LICENCED' 16775 0 s— IOWA Signature: Dovid.— Schell, L.S. * •'�r�\ Dole' FC3 20 17 License No. 16775 Pages or Sheets Covered by this 5eol. 2 My license renewal dote is December 31, 2012 FIELD BOOK 685-10 CERTIFICATION I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and that I am o duly Licensed Land Surveyor under the laws of the State of Iowa. ON 31Id 530 WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC. P.O. BOX 898 WATERLOO, IOWA 50704-0898 100 1 INCH = 100 FEET SURVEY LEGEND: PHONE: (VOICE) 319-235-6294 (FAX) 319-235-0028 LEGAL DESCRIPTION $c SKETCH PARTIAL WEST SECOND STREET VACATION PART OF BLOCKS 13 & 14, THE ORIGINAL PLAT WEST OF THE CEDAR RIVER CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA SKETCH FOR WATERLOO DEVELOPMENT CORPORATION 000.00 DENOTES RECORD DIMENSION 4; do Ol SHEET 2 OFT" ON BLOCK 4 THE ORIGINAL PLAT EST OF THE CEDAR RIVER bo CITY OF WATERLOO BLOCK 1 BLOCK 5 THE ORIGINAL PLAT EST OF THE CEDAR RIVER CITY OF WATERLOO LAT 10 r - o c E SFIELD BOOK L 17. . a. LOT 8 av 4i- --`, LOT 9 0 �.I- LOT 10 rt. _ rte. ,zs, 685-10 WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC. PHONE: (VOICE) 319-235-5294 P.O. BOX 898 WATERLOO, IOWA 50704-0898 (FAX) 319-235-0028 LEGAL DESCRIPTION & SKETCH ALLEY VACATION PART OF BLOCK 13, THE ORIGINAL PLAT WEST OF THE CEDAR RIVER CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA SKETCH FOR WATERLOO DEVELOPMENT CORPORATION LEGAL DESCRIPTION: BLOCK 13 ALLEY VACATION SHEET 1 0F� The Twenty (20) foot alley that is a port of Block Thirteen (13), the Original Plat, on the West Side of the Cedar River, in the City of Waterloo, Black Howk County, Iowa. C E SFIELD BOOK 685-10 O�LIC NSEDs<>C 16775 '• IOWA CERTIFICATION 1 hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and that 1 ors a duly Licensed Land Surveyor under the lows of the State of lowo. Signature: :41516"." -Schell, L Date. F ' - ?-4 20 17— Pages Z Pages or Sheets Covered by this Sao!. License Na 16775 My license renewal date is December 31, 2012 ON 311.E S33 1 r WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC. P.O. BOX 898 WATERLOO, IOWA 50704-0898 100 PHONE: (VOICE) 319-235-6294 (FAX) 319-235-0028 LEGAL DESCRtPTION 8( SKETCH ALLEY VACATION PART OF BLOCK 13, THE ORIGINAL PLAT WEST OF THE CEDAR RIVER CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA SKETCH FOR WATERLOO DEVELOPMENT CORPORAN 1 INCH = 100 FEET SURVEY LEGEND: 000.00 DENOTES RECORD DIMENSION SHEET 2 OF --2 ON ,y0 BLOCK 4 THE ORIGINAL PLAT EST OF THE CEDAR RIVER CITY OF WATERLOO T ti BLOCK 5 THE ORIGINAL PLAT EST OF THE CEDAR RIVER CITY OF WATERLOO b1' LOT 1 C E SFIELD BOOK 695-10 WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC. P.O. BOX 898 WATERLOO, IOWA 50704-0898 PHONE: (VOICE) 319-235-6294 (FAX) 319-235-0028 LEGAL DESCRIPTION SKETCH PARTIAL ALLEY VACATION PART OF BLOCK 14, THE ORIGINAL PLAT WEST OF THE CEDAR RIVER CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA SKETCH FOR WATERLOO DEVELOPMENT CORPORATION LEGAL DESCRIPTION: BLOCK 14 ALLEY VACATION SHEET 1 OF� That part of Twenty (20) foot alley, Block Fourteen (14), the Original Plot, on the West Side of the Cedar River, in the City of Waterloo, Block Hawk County, Iowa, lying Northwesterly of the Southwesterly extension of the Northwest line of the Southeast Forty (40) feet of Lot Three (3), sold Block Fourteen (14). C E S FIELD BOOK 685-10 `O,pil,nlnunnrrprygn ++ QP O * SC'���C LICENSED 16775 ID WA CERTIFICATION I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and that I on, o duly Licensed Lond Surveyor under the lows of the State of Iowa. Signature-. +eL Scheil, L .1111.11 Dat.' (! 2-4- 20 17 --License No 16775 Pages or Sheets Covered by this Seel. 2 My license renewal date is December 31, 2012 ON 311A S30 1 r WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC. P.O. BOX 898 WATERLOO, IOWA 50704-0898 0 100 1 INCH = 100 FEET SURVEY LEGEND: PHONE: (VOICE) 319-235-6294 (FAX) 319-235-0028 LEGAL DESCRIPTION & SKETCH PARTIAL ALLEY VACATION PART OF BLOCK 14, THE ORIGINAL PLAT WEST OF THE CEDAR RIVER CITY CIF WATERLOO, BLACK HAWK COUNTY, IOWA SKETCH FOR WATERLOO DEVELOPMENT CORPORATION 000.00 DENOTES RECORD DIMENSION GI��Fi apo �O� O1 SHEET 2 OF 2 THE ORIGINAL PLAT EST OF THE CEDAR RIVER CITY OF WATERLOO 0� ON 3113 530 r r BLOCK 5 THE ORIGINAL PLAT WEST OF THE CEDAR RIVER CITY OF WATERLOO C E SFIELD BOOK 685-10 3JY )1009 bL/t Zbbt-adD aim io fiJP;a4"S Jaueg b� ,off u} papioaai sr paaa 21-=o�aJof ay; gmjg hj:uaa figa:atj fi;ndaa won Jo'4'S Ja xe8 au I e pelSueJg •3 nJJa aaJyl-Flauiu paJpnay ar}u 'puvsnoy; "0p�o7 mo Jo Jog al; u; ` Puny Jo hop 1I asp 'sauwy1 saa 70 puvl fiw Japun uan}) •paxgjv o;un Pial aq 0; pawl to a;Pgs ay; So jvaS mai) ayt pub 'mama :pout aq 0; :Jana, :say; pasnvo anvy `woof Jo ams alp Jo J0119000 pelsueJg iJ ia1 I ` oaaaljst .no u'_;s% ule •JanaJ00 su214sv puw srossaon—s sW i o7 Pub - eMoI 'oolJaleM }o 41.0 mos alt awn '2u72uojaq o;unaJay; aJntvu Janaos;vym Jo saouvuaui.ddv puv `Jai;}unwwt 'sa2apaud 'styu aqt 7177 y;}m Jalta2o;':mos alt pjoy 0; puv eaPi of 'paquasap anogo puoj 10 7304 pins ayt su}ssa puv srossa35iis -3i of puo �_.,:.. ------ -- - eMo j ` oo LJel2M • /o (5- -----•-p}ns alg 'nun tuns pun an}2 saop quasaJd :salt hq puv 'pa;uvip puo us. sVH `PaP}no3d puv ppm sasva vas u} `hiquzasay ,asaua3 alt fo now panda aq; yam fintusoluoo u} puv sas}wajd al; /o uo:gasaput oa u: 'Pmol lo awn atm ;Y,L '4 xqaul 'Rt°l — -•4440•I 4-0 -.3-1)09-`5-F-90£ - pue `bZ'-9Bf `EE 90£ ZZ 00£-sag-ti333S -#e-- M,N suoil.puo0 alp. 0; l.aC ns UO!lelJOdsueJ o lUaW;JPdao eroo a 1 4q panordde KL60 uaaq sew ales ypLgM pue `ePo1 }o :4e2$ aql }o salnlels awl 3o suotspoJd — — ay3 yW LM aouepJo»e u t eMoj ' 00 LJc4cM 40 41 40 laps alt fiq pasvla.ind uaaq svl p043 ppm rpm ..3SN3A38 NO 03fNIIN03.. •ssal JO :row •bs 999`5 6u}u}21uo0 _6uiuuoea8 0-1uwd eq3 01 '11 L'Et 'M,Z0,9ZN aoue41. -!"4-1 6'691 `M,Z/l 99,LEN aouayl `au}} 'LJelsea pees 6uo12 •14 t'9t '3,80,17N aouayl :8 101 pies }0 ani, XLJalsee 941 uo 1u}od a 01 eu}l ALJa4lnbs pees 6uole '11 0'081 '3,Z/L EE,LVS•$3U q3 :+;1 moois p}es }0 r(LJa4lnos a41 uo 101.0d e 0; '14 8'67 'M,80,7'DS suil clJalsaM pies 6uole 6u}nuLluoo aouayl i6uLuu06a8 ;o' 1u1 -0d eql 01 ql X0019 piss 10 ault CLJa2saM ay3 6uole '14 t'L9Z 'M,80,Z'4S aouayl ='7l >Io0le p}es 9 30ri }0 Jewo3 ILJels8My3JoN 841 12 6u}ouewwo0 • :sMoilo} se paq,dosep hjJelno}1Jed aJow pun 09Ja4 1Jed n spew aouaJe J Aq pue oagoelle „'g„ 14gL4X3 leld wL210 11n0 AeM-0-1g6t13 uo uMoys Se '2M0j ',C1ub00 4MBH )13 L8 '00L-483 M 40 ;0140 'JenJ2pe3 a41 d0 ;SWM 121d 12UL61J0'841 }0 til )10019 '8 PUe 'L '9 S1o1 -0 4Jed u} pe}sooL puel to Labled v :nm -o; '0(001 'fqunoa— Pe 19 - - - -..— ut pawn;}s h;Jado d pagtosap Ju;rnojjoJ ay; Jo/ - --- - -- - --- eMoi `ociTiajap }o 4 1-5- Flog at; fiq epam uaaq sol ;uawfivd gnf tny; sJvaddv ;, figa.alai uoilelrodsueil }o 1.ua'u3Jeda0 eMoi a - - 'enol ay; � ama}�}tJaO w won lo fisataJaas ay; to aa;/io aYt u} p ;tsodaP"--- ---• - seq 'fisuno3-...._... ----- -- >IMe}j >I0e Lg � emo j 00 LJale11 10-4140 41 45realail' .• - lawn* ,a;ttat jjxljs s;uasasjt asaij; iuoi3a3 1Ti fl D 3DI330 GNV 3 31VIS 31v1.S .d Q' ) V.1.3HD3S 3H1 �o 3Did.da U U { IOWA DEPARTMENT OF TRANSPL .TATION CULT CLAIM EXHIBIT "g" COUNTY BLACK HAWK STATE CONTROL NO PROJECT NO. IX -218-7(60)--3P-07 PARCEL NO. 427 SECTION 26 TOWNSHIP 89R RANGE 134 QUIT CLAIM 5668 SO. FT. EASE AC EXCESS— AMU I RED XCESS—ACQUIRED FROM Swiss Valley Farms Co. ACRE. SOLD TO: City of Waterloo, Iowa 1 hereby a.rtIfy that ihte plat tea true and fmavrata napree.e.tatlan of the land hreln deeorlbed. tad* by es r maw- soy Olreot etpcYle,on. and that 1 as c duly realetred tad &rreytr under the lora of the State of toga. • -1 (. ; ilt'mrl. J • •i'��"rc ;mss •z01lPnV s � -zapzod i+ F.• Y-ea3 LW I9,76I ;� � uo1;8xs1 Jo; pus .. y A,auszl uodn paza3n3 S (Swoop .Slnno� Pled zD `aF�Hq sa _. paap pus las 6.rslunton zragl ss awls aq3 p:;;4raexa .cage 18111Psi{r?I1e0itit5s'Prs'�aainazlaul �alo8eio; aql palnaaxa ognt pus m pauisu suos.i d realluapl aql aq o{ uetou3 zui of r `uotlm60 L'.T Slueua3 pe lou 1aae4,=}'x6tis a s tiL cxT n t{xtbf sliznua3 uj-u 7ot se a Rue puegsnu `.29A00- `b 'tin auto e0 - •gainer- pazeadda.ttlsuoAad`a:1elSPlssut'. mu° ptva .10; pus ut otignd 6zsloN s 'pati iaiepun aq. `aur ajopq '-- r •Q -V ' • -efej4 -3o .Sep-- -1717i-sup 00 za.to� p euzzag�e� w'61uno0 Kofi .iot'iif -`eetol30 ems 3 O3 S3 er• 99-6T 'Q 'V ` Kt/420 Asp tpzi 11111Peta!9 •a-asnaaid paquasap 01 pus Ill 'suo1 30 awls alp 3o sets^' psalsaaroH aql Japan 1g8u uspus 'za:aop 3o 442u ire saIimbupaz dgazait pauulszapun alp 30 gess pus:zanaosruogm saoszad jt8Jo suipga indust alp asuls5ls'8ul8uotaq olazay; saausualzndds pus alsisa teal Pl8s 01 °Pul 0q1 Q malaa QAiv JJ'IV82€VAt 01 lusuan03.Sgrzaq_ - op pus 'aursssip Aanu03 pus (tasol dluogans ln3etei pus 342u pool- aAsg s 10411s10 alp 48111 su0T4da:ma On adaoxa aaus.rgtanaua cam sal; az8 .Sagi. asgl `sasuuazd plus 30 peps dlln;met azc- gzolusj0 asgl 190113E `V 03 30 a.LVLS •.AlndaQ aapjoaag pled e_ 2 Gag 70-4,7 ' L� '% ---g earl •aail r' a3vd u0 spaaQ ;o- r3oog m pewee 1 Asp wY a : xmlpne BID 0'4 pexannap pure 4paxapW 6-100x1 103 Pai pus ' xi .S;unoa SZAS psiP p zapuj • aalaez- piss alp, wee. lusuanca dgazaq op- - - -g-zoWsz' alp pus `zanazo; siraisss pus Q---szT-pu8 szo$saoons aelasio plea aql olun'saausua .rndds aql qvm 'paquasap anogs saslurazd agl Q'IOH O.T. QNV ;3AVH Oy <s- • eMoI ' iCfuno0 vieH 310ei g 'oo-palely go Lnz0 alp u -r 'zaAig zepa0 go apzs gsary atp uo 'laid ieut2rio at;a ut '(*li) uaalznog •ot x0o12 uT (Oi) lies pue (6) auiN • sots 6101 go Haag (0E) Cazitiy zti.tagsaMq nog atiy :veto' 'dlunoa" K'EH Xoeig Pus 'PISS fgazaq op m parnye sasp:m.d pagl.rasap 2utnollo3 eq1 EMOI- - `1SOtza-a EM - 3CO " n a`[ o ppm alp olun eanu00 u^3.0T----300ms pug'dlan00 'IMeH 3i0e1g 30 etioy" Ocrri a-eM jd' X z D. sy Pitt puvti ut UorItY61=csido aigenieA zagao pus zelio0 auo 20 u:ns alp 30 uol s al.3rsuoc al enol JC ala2c; pus'.tlano0 ;I.+teH 40ejg 30 `uouuuoo *.t, s4ueual se lou - pue ` 1t;9zoAiASns-o'slq ' s IT toTM sque'ta3 uTor` se `alp: one pTBgsnti i' za4CoO ' 0 autzatpe , pue zal00 N gamer lam: •.'S.IdIS,IZTd 0S IH• . AH Naw 'IT( A O3`t3 tSSwt 11tfl $m8 ClaX1trinrzfm Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: March 26, 2012 Prepared: March 21, 2012 Dept. Head Signature: 4 # of Attachments: 1-1 irl 10 ( 1 ZQ SUBJECT: Request to set the date of public hearing as April 9, 2012 for a request by Waterloo Development Corporation and the City of Waterloo to rezone the area bounded by Jefferson Street, W 1st Street, W 3rd Street, and Washington Street from "M-1" Light :Industrial District to "C-3" Central Business District, to allow for the development of a new 130,000 SF recreational and athletic indoor sports facility (Cedar Valley Sportsplex). Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: Approval. Summary Statement: Transmitted herewith is a request by Waterloo Development Corporation and the City of Waterloo to rezone approximately 3.76 acres from "M-1" Light Industrial District to "C-3" Central Business District, to allow for the development of a new 130,000 SF recreational and athletic indoor sports facility (Cedar Valley Sportsplex). The City of Waterloo is requesting that two properties within the two -block area that are not a part of the Cedar Valley Sportsplex plan (300 W 3rd Street, which is the former Operation Threshold building, and 316-318 W 3rd Street, which is the Kistner Building) be rezoned as well, in order to keep the zoning compatible with the surrounding area, and to avoid a pocket of "M-1" zoning surrounded by "C-3" zoning.) The site plan provided by the applicant shows the building, which will have its front facing Jefferson Street. The site plan shows the 110,000 SF building, and "Alternate 1", which is actually a 20,000 SF leisure pool. It is not known if that will be constructed at this point. It also shows a future building expansion along the west side, near W 1st Street. The building will have indoor soccer fields, basketball courts, swimming pools, and workout areas. There is an access road to the rear of the building being shown off of Washington Street, at W 3rd Street. In a separate request, the applicant will ask the City to vacate the portion of Washington Street west of W 3rd Street, a portion of W 2nd Street, from Jefferson Street to Washington Street, as well as the public alleys within the two blocks, in order to construct the facility. CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Staff believes that the proposed development will have a positive impact on not only the downtown area, but also the community as a whole. The Cedar Valley Sportsplex will provide recreational activities year round; something that the community currently does not offer. This development will also tie in with the other nearby downtown redevelopment areas, such as the River Loop Expo, Public Market, and Amphitheatre. Also, Young Arena, the Center for the Arts, Youth Pavilion, Library, multiple recreational trails and the Cedar River are all located nearby. Expenditure Required: None Source of Funds: None required Policy Issue: Land Use and Economic Development Alternative: Background Information: The City of Waterloo, in conjunction with Waterloo Development Corporation, has been acquiring the necessary properties that encompass the two -block area for several years now, in anticipation of constructing the Cedar Valley Sportsplex. Legal Description: Block 13 and Block 14 of the Original Plat of Waterloo West. AS :sg cc: Noel Anderson, Community Planning & Development Director. --file-- REQUEST: APPLICANT: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USES: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: February 7, 2012 TO REZONE THE AREA BOUNDED BY JEFFERSON STREET, W 1ST STREET, W 3rd STREET, AND WASHINGTON STREET FROM "M-1" LIGHT INDUSTRIAL DISTRICT TO "C-3" CENTRAL BUSINESS DISTRICT, TO ALLOW FOR THE DEVELOPMENT OF A NEW 130,000 SF RECREATIONAL AND ATHLETIC INDOOR SPORTS FACILITY (CEDAR VALLEY SPORTSPLEX). Waterloo Development Corporation and The City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703. Waterloo Development Corporation is proposing to rezone a majority of the area in order to construct the new Cedar Valley Sportsplex, a 130,000 SF recreational and athletic indoor sports facility. The City of Waterloo is requesting that 300 W 3rd Street and 316-318 W 3rd Street be rezoned as well in order to match the zoning with the surrounding area, as those two properties are not currently being included with the new Sportsplex facility. The request to rezone the property would not have a negative effect on the area, as a majority of the surrounding area is also zoned "C- 3" Central Business District as well. The proposed redevelopment of this area would have a positive impact on the surrounding area, by continuing to improve the downtown area to make it a place for people 'o enjoy quality of life activities. The surrounding land uses are mainly commercial in nature, with U.S. Highway 218 located adjacent to the south and U.S. Hwy 63 located adjacent to the west. The Public Market and River Loop Expo area are located adjacent to the east, and the Dan Gable Wrestling Museum is located to the north. The facility would be located off of Jefferson Street. Visitors to the site could get there from U.S. Hwy 63 to the south and north, U.S. Hwy 218 from the west and E 4th Street from the east. The site plan does not show any on-site parking available, as the "C-3" District does not require on-site parking. However, the City is in the process of acquiring several properties adjacent to the north across Jefferson Street, which would then be turned into a large parking lot to not only serve this facility, but could also serve several other facilities nearby, such as Young Area, The Waterloo Center For The Arts and Youth Pavilion, and also the River Loop Expo area. The additional traffic that this use could potentially generate may be significant. The Traffic Engineer has stated that an additional set of stoplights at the intersection of Jefferson Street and W 3rd Street may be needed, depending on the additional amount of traffic that may be generated. Jefferson Street is classified as a Collector Street ori the Street Classification Map, and based on the surrounding street network, as well as the close vicinity to two major highways, the area would appear to adequately support a developrnent such as this with only minor improvements potentially required. There would be a sidewalk constructed in front of the building along Jefferson Street to serve the Sportsplex facility. 02-07-12 Cedar Valley Sportplex Rezone M-1 to C-3.doc Page 1 of 4 RELATIONSHIP TO RECREATIONAL TRAIL PLAN: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: DEVELOPMENT HISTORY: BUFFERS/ SCREENING REQUIRED: DRAINAGE: FLOODPLAIN INFORMATION: PUBLIC/OPEN SPACES/SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC: RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: February 7, 2012 The Highway 218 Trail is located directly to the south and the Downtown River Loop Trail is located along the Cedar River, just 3 blocks to the north and east. The properties in question are zoned "M-1" Light Industrial District, and have been zoned as such since adoption of the Zoning Ordinance in 1969. The properties to the east and north are zoned "C-3" Central Business District, while the vacant lot across U.S. Hwy 63 to the west is zoned "M-1" Light Industrial District. A majority of the buildings within the area to be rezoned have been torn down by the City in anticipation of this project. Most of those buildings and surrounding buildings were constructed in the mid 1900's. The area is part of the 1854 Original Plat of Waterloo. There would not be any screening requirements for this development, although landscaping will be required per the Zoning Ordinance. There are no known drainage problems for the site. The property is located within Zone X — Protected by Levee as indicated by the Flood Insurance Rate Map No. 190025 301F and 302F. The Waterloo River Loop Expo is located just to the east along Jefferson Street. Also, the Waterloo Center for the Arts, Phelps Youth Pavilion, Waterloo Public Library, and Young Arena are located a few blocks to the north, the convention center is located a few blocks to the east, and the Grout Museum, Imaginarium, and Washington Park are located a few blocks to the south. There is a 36" sanitary sewer line located within Jefferson Street, as well as two 36" storm sewers located within Jefferson Street. There is a 60" sanitary sewer located within Washington Street. There is a 6" and a 12" water main located within Jefferson Street. Also, there is a 6" water main in W 2nd Street, between Jefferson Street and Washington Street, and that line will either need to be used by the applicant or killed. There are also 6 service lines and one fire line that would need to be killed or used as well. There are sewer lines located within 2nd Street, Washington Street and the alley that the development is proposed to be built on. It appears as if the 60" sanitary sewer located within Washington Street will remain, so an easement will need to be maintained over that area, however, the rest of the sewer lines and any other utilities will be abandoned or relocated as part of this project, as they will not serve any properties; therefore no easements will need to be retained over the rest of the areas. The Future Land Use Map (February 3, 2003) designates the area as Commercial. The rezone would allow for the Sportsplex facility, which would be consistent with the Future Land Use Map. The 02-07-12 Cedar Valley Sportplex Rezone M-1 to C-3.doc Page 2 of 4 February 7, 2012 request is in conformance with the goals and policies of the Comprehensive Plan, including the policy to continue to support infill development in the community as an alternative to other types of urban expansion. The site is located within the Primary Growth Area. STAFF ANALYSIS — ZONING ORDINANCE: The applicant is proposing the rezone of two blocks of land in Downtown Waterloo in order to construct the highly anticipated Cedar Valley Sportsplex, a 130,000 SF recreational and athletic indoor sports facility. The area is currently zoned "M-1" Light Industrial District, and has housed a number of businesses over the years. The City of Waterloo, in conjunction with Waterloo Development Corporation, has been acquiring the necessary properties that encompass the two -block area for several years now, in anticipation of constructing the Cedar Valley Sportsplex. The facility will be constructed using private funds but operated by the City of Waterloo, and ownership of the facility will eventually be turned over to the City in approximately 8 years, per a development agreement between the City of Waterloo and the Waterloo Development Corporation. There are two properties within the two -block area that are part of the rezone request, however are not part of the Cedar Valley Sportsplex plan: 300 W 3rd Street, which is the former Operation Threshold building, and 316-318 W 3rd Street, which is the Kistner Building. Both of those properties are being included in the rezone in order to keep the zoning compatible with the surrounding area, and to avoid a pocket of "M-1" zoning surrounded by "C-3" zoning. Those two properties have near zero lot line developments, so including them in the rezone request would appear to legalize non- conforming setbacks. The site plan provided by the applicant shows the building, which will have its front facing Jefferson Street. The site plan shows the 110,000 SF building, and "Alternate 1", which is actually a 20,000 SF leisure pool. It is not known if that will be constructed at this point. It also shows a future building expansion along the west side, near W 1st Street. The building will have indoor soccer fields, basketball courts, swimming pools, and workout areas. There is an access road to the rear of the building being shown off of Washington Street, at W 3rd Street. In a separate request, the applicant will ask the City to vacate the portion of Washington Street west of W 3rd Street, a portion of W 2nd Street, from Jefferson Street to Washington Street, as well as the public alleys within the two bloc<s, in order to construct the facility, and will ask for special permit approval for the community recreation center. Staff believes that the proposed development will have a positive impact on not only the downtown area, but also the community as a whole. The Cedar Valley Sportsplex will provide recreational activities year round; something that the community currently does not offer. This development will also tie in with the other nearby downtown redevelopment areas, such as the River Loop Expo, Public Market, and Amphitheatre. Also, Young Arena, the Center for the Arts, Youth Pavilion, Library, multiple recreational trails and the Cedar River are all located nearby. 02-07-12 Cedar Valley Sportplex Rezone M-1 to C-3.doc Page 3 of 4 STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: February 7, 2012 The applicant is not proposing to subdivide the property at this time. Therefore, staff recommends the request to rezone the properties from "M-1" Light Industrial District to "C-3" Central Business District be approved for the following reasons: 1. The request would appear to have a positive impact on not only the immediate area, but also the entire community as a whole, by constructing a recreational facility that can be used year round. 2. The request would be in conformance with the Future Land Use Map and Comprehensive Plan, which designates this area as Commercial, and would be a good infill development that would utilize existing utilities and services. 3. The request would appear to meet all requirements of the Zoning Ordinance. 02-07-12 Cedar Valley Sportplex Rezone M-1 to C-3.doc Page 4 of 4 C-2 Request To Rezone 2 Blocks From M-1 Light Industrial District to C-3 Central Business District, for the Purpose of Constructing the New Cedar Valley Sportsplex O GRAPHIC SCALE H 9 x 9! PROJECT BENCHMARKS: BY HO. I. TOP IST S? MELT nae wTER2.Gvi ME Ir W w DE Bu NO. x N [AST BOLT RIC HYDRANT LOCATED ATm WE NE w NW ST. AND SEVENS.. INTERSECTION ELEV.. OASES LEGEND: --LCV— DENOTES FNSTNG CGETWR UNE In —1000)— DENOTES PROVO= CMTOLM L. Erma DENOTES MSS. SPOT ELEVATION DENOTES PROPOSED SPOT Baran. DENOTES PROPOSED MEW. SPOT OD DENOTE% PROPOSED OUTTER SPOT ELEVATION DMOTES PROPOSED MP GUNS SPOT ELEVATION DENOTES OVERHEAD VANES - MOTES .511/10 STORM SEWER —SAN— DENOIES oasnom S.W. SM. ()MOTES COT. - DENOTES 0000 .CMIC UNE DENOTES v-- EMS LINE siTELEPHONE GABLE DENOTES ERS.rn/VUNE eoUNE Bl DENOTES ELECTN<CBM TES MS PE PM D ENOTES TELEPHONE BON ® ▪ 00.0123 MEER ancM O °MORS ELECTRIC POE 0-. Mm DOM GUY • DENOTES EINE NTINIANT IA DENOTES MIER M. 0 DENOTES YMIER BUT Ort 0 0 9 n FAAJ nr DENOTES TREE DECOLIOUS MOTES SUSIE DENOTES SRNs. DENOTES HEOOnREE SASS .005 EDGE DENOMS FEE BBDO UNN —0— OWOTEB WNCARD RAL Site Plan UTIUTY NOTES: I. GDTTE A%TRUE% A Es MAY BE OTHMS MDR ERSTENCE Of 10.33 IS ENISTENCE O. EXACT LOCATION MO TO WOO ONMASE THERE TO ON MIS SITE ANO ..EnT M MIS SITE PRIOR TO 00. ANY MAWS. T. O. r.L IINEWRGIOSIO I OCAS. SERV. B pLeo l Sam Y -- EEe2wwA6MOO""R— CF BY .ANEBEAN RIMY EB% sPMCr GSY I00Mlmlrw1 -SETO 329- nal FNERO1 rrEAR.,=, RE ME GM Of WARM 00 SETER DEPT • WATERLOO gaioop 1111.230119 WAYNE MBSEN ENGINEERWO EIPSE. LLC MOODS ENGINEEWNG MIG R 1 INgSCME ARCHITECTS WATERS EDGE AQUATIC OELIWN X DJ J a� 8a N o } 0 Ul J 4 S j X 3 Q W U NISCINO 011111 NOVEMBER EL 3011 BIO ODCUMENTs C0 !111111111RIIR111lIIlumplllnu19 mPRI1III HIRIIRIIpII ON IIIII n 1140111111141111111111 O' 3D - Aerial Exterior - SE without Comp Pool OSTREET VIEW FROM EAST pjli'I111I11�. �IIIII;,!!11 o �Q0I11111�111111111IIIIR111111111111 �Sti �!c )1111111111i11111111I la*r1 • IICI���!IIII'1. b AERIAL FROM NE l ai !Inh1111111111111 `'"' l lmniol 1,1111111 11.'1[1111 1i��mq�lill lrn111111 111 ' ()VIEW FROM JEFFERSON STREET GOING SOUTH 0'30 - Aerial Exterior - NW without Comp Pool 111111.1111111111111.111111111 "".1111fl1111®1111fl110111111� ■'11int'N'11'® 11'119111'11' ®�4rrrr,rrrrr AA11,r®� ONORTH ELEVATION (SHADED) r•rt 11I®If® ®w®11® O PST E54EVATION (SHAOEO) OWEST ELEVATION (SHADED) °SOUTH ELEVATION (SHADED) I1 "11111111111■i1111®111= !��n "U!!!n IRnI N I'IPII'fl'.7s7; zflu191�11111 - _spagimpitiffesimmom wmwr,arrrit' r•o•jii•.4 Ot A14ORTH ELEVATION (SHADED) SHADED ELEVATIONS u't rrr 1r I ommoomm °AL,r•r T #I rWEST ELEVATION (SHADED) INVISION Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: March 262012 Prepared: March 21, 2012 Dept. Head Signature: ___ # of Attachments: SUBJECT: Request for Proposal for Demolition and Site Clearance Services (no regulated asbestos -containing materials) for 820 and 910 Sycamore Streets, 1518 West 4th Street, 320 West 2nd Street Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: To authorize city staff to solicite bids and specs for the demolition of 820 and 910 Sycamore Streets, 1518 West 4th Street, 320 West 2nd Street, and authorize Mayor and Clerk to prepare and execute necessary documentation. Summary Statement: As you are aware there is a planned residential development of 6 twelve plexes planned to be built on the 910 and 820 Sycamore site. The asbestos is being abated and demolition is the next step. The house at 1518 West 4th Street was acquired through 657A while 320 West 2nd Street is the Iowa Community Credit Union that the city is purchasing to make room for the future Cedar Valley Sports Plex. Expenditure Required: to be determined BOB GREENWOOLSource of Funds: G.O. At -Large STEVE SCHMITT At -Large Policy Issue: Slum and Blight Alternative: N/A Background Information: Dolly James LLC is going to begin construction of the first 6 of 12 twelve plexs at this site. cc: Noel Anderson, Community Planning & Development Director Aric Schroeder, City Planner ARt, h tiitORi1fiRRIgIaidfPf ❑Ib1_ QVer WATERLOO PUBLIC LIBRARY—Boardl of Trustees—February 13, 2012 Submitted by Kim Chapman Members present: Sue Smith, Karol Erdmann, Alex Crouse Members absent: Jan Hahn, Troyce Vich Others present: Mike Dargan, Lori Petersen, Kim Chapman, Sheryl McGovern, Carolyn Sallis, Ambri Refer, Kelly Stern The regular meeting of the Waterloo Public Library Board of Trustees was called to order by President Sue Smith at 12:01 p.m. Moved by Erdmann, seconded by Crouse, to approve the agenda as presented. Motion carried. Moved by Crouse, seconded by Erdmann, to approve the January 9, 2012, regular meeting minutes as presented. Motion carried. The financial sheets and bills were reviewed. Sheryl reported the City's financial office gave us a little scare at the end of last month regarding overspending in the personnel budget; however, after a lot of work by Sheryl, it was discovered the financial office had made an error. Moved by Erdmann, seconded by Crouse to pay January bills. Motion carried. The January statistics were reviewed, noting usage is down 2% from July through January of this fiscal year compared to the same period last year. Reference stats were not available, but will be reported next month. Director's Report • RFID Updates—Sheryl reported the project is pretty near completion. There have been on-going problems with the self -checks, especially the two in the kiosks, which are located in the reference and the youth department, but the other two self -checks, known as the baby self -checks, that sit on the counters at circulation, seem to be working fine now. The kiosk models will be returned to Demco and replaced with two baby self -checks that will sit on desks. At that point, the project will be considered finished. Mike, Lori and Nick have worked hard with Erik in correcting the problems. There was a nice story in Friday night's Courier about the new self -check system. • Goals FY12: Mid -Year Report—the FY12 goals were included in the Board packets. They were reviewed with progress noted. • Budget Update—the city department heads will meet individually with the mayor beginning sometime this week regarding the FY13 budget. Sheryl reported that though the overall budget figure remains the same for the County for FY13, WPL will receive a bigger share than FY12 year due to the amount of money spent on materials in FY11, which can be attributed to our gift funds. • Miscellaneous—Sheryl received e-mail from a patron wondering who decided to close the library on MLK, Jr. Day. She responded to him letting him know it was a contractual holiday started during John Rooff's administration and that she would bring it to the Board. Sheryl reported the City's planning department is looking at the empty offices on third floor to possibly move Community Development from the Carnegie building. It is believed that department is federally funded, so WPL would possibly receive revenue that was lost with the restructuring of the regional libraries. Sheryl also reported engineers are looking at and investigating our public parking lot. Informational Reports from Staff • Mike Dargan, Tech Systems & Reference—there will be some changes in the reference department with some hours being switched to the new tech systems assistant (current staff is filling this new position); reference librarians will be asked to concentrate on off -desk duties, including collection development; Mike is confident the desk -top self -check models will work fine. • Kelly Stern, Youth Librarian—over 300 people attended the PBS grant kick-off featuring Dan Wardell on January 24; the net books willbe ordered soon to comply with the grant; WPL has partnered with the Y and the Volunteer Center for a Greatest Spring Break activity, which will be a sock hop on March 14; the youth staff has started planning for the summer program. • Carolyn Sallis, CWA—February is Black History Month and activities planned include the craft day held last Saturday where 30 people attended, an author visit with book signing this coming up Saturday, February 18, and a Jeopardy quiz bowl for teens on February 25. • Lori Petersen, Technical Services—Tech Services staff is catching up on cataloging and withdrew over 800 items for the FOL book sale; the RDA Toolkit is here and will be used for a new way of cataloging, making items more searchable and descriptive. • Kim Chapman, Business Office—there has been poor attendance at the Chicks Get Lit book discussions, so it is being planned to end this group after the March meeting. Referred for Board Action • CWA Contract—wages and health insurance offers are the same for each City union's contract. Sheryl reviewed the tentative agreements and reported the Library bargaining unit has ratified the contract. Moved by Erdmann, seconded by Crouse to approve the contract. Motion carried. • Revision to Public Access Computer Policy. Print copies can be made from the computers for 10C per page side for black ink, and 25C per page side for color ink. Change to SOC per page side for color ink—the FOL have proposed changing the rate for color prints from 25C per page side to 50C per page side, but after discussion by the Board, no action was taken. • Revision to Fax Policy. Faxes can be sent and received at the Waterloo Public Library with staff assistance. Long distance sending rates are 50C per page; receiving rates for all faxes are 5C per page. Number of faxes per person is limited to five per day; number of pages per fax limited to 10. Delete Policy, and have self-service fax.—there was discussion including a lot of staff time spent "baby sitting" the current fax machine; with that in mind, a self-service fax machine is proposed. It would be installed and maintained by a company with no cost to WPL and with a no -compete clause. The current fax machine generates revenue of around $2,000 per year for the FOL; a small amount of revenue may come to WPL with the self -serve fax machine after a certain number of faxes are sent through it. Users would use a credit or debit card, or have the option of buying a cash card at a public service desk. Moved by Crouse, seconded by Erdmann to delete the fax policy and install a self -serve fax machine. Motion passed. • Revisions to Circulation Policy. Change Books, Books on Tape, Magazines, Compact Discs, Audio Cassettes, Cassette Book Kits, Playaways from 3 weeks with one -3 week renewal to 3 weeks with two 3 -week renewals. Change Video Cassettes, DVDs from 1 week with 1 week renewal, limit 5 each per card to 1 week with twol-week renewals, limit 10 each per card.—this item was discussed at the January meeting with no action and brought back to the Board at this meeting; however, after discussion today no action was taken. Unfinished Business • L/M Communication—one question raised from "the can" regarded WPL's policy on viewing pornography and how it is defined at WPL. The simple answer is WPL does not define pornography, but rather follows library policies, including the Behavior Policy, the Electronic Intellectual Freedom Policy and the Public Access Computer Policy. FOL Liaison • Karol Erdmann reported the Saturday 6 -hour book sale netted $2,025. She also appeared on KWWL News with reporter Danielle Wagner to advertise the sale. The next meeting is March 12, 2012. Before ending the meeting, it was noted a $450 dividend check will be received from the Charlotte Swanger Estate; the Board voted to cash out the estate when it was first received, which should apply to this and any future dividend checks. Moved by Crouse, seconded by Erdmann to adjourn. Motion carried. The meeting adjourned at 1:03 p.m. AUDITOR'S COPY Board Approval Council Approval '6 MINUTES COMMUNITY DEVELOPMENT BOARD MEETING February 21, 2012 The regular meeting of the Community Development Board was held in the City Council Chambers, 715 Mulberry Street, Waterloo, Iowa, and called to order by Chairman Eric Johnson at 4:30 p.m. on Tuesday, February 21, 2012. Members present: Mickye Johnson, Jeri Thornsberry, Maxine Tisdale and Chairman Eric Johnson. Members absent: Amber Boyd, Gary Rankin and Bob Reisinger. Also present: Rudy Jones, Community Development Director; Nancy Gulick, Community Development Coordinator; Perry Goodman, Neighborhood Services Coordinator; Carolyn Cole and Quentin Hart, Council Liaison; Ann Northey, Administrative Secretary; Patricia King, Eye of the Needle; John Rooff, Developer; and Tim Jamison, Waterloo/Cedar Falls Courier. B. APPROVAL OF THE AGENDA. Chairman Johnson indicated Board packets were mailed and asked for additions or corrections to the proposed agenda. It was moved by Mickye Johnson and seconded by Jeri Thornsberry to approve the Agenda. Motion carried. A. INTRODUCTION OF NEW BOARD MEMBER. Chairman Johnson indicated we have a new member, Ms. Maxine Tisdale, who was appointed by the Mayor and Council on February 20, 2012. Chairman Johnson welcomed Maxine Tisdale to the Board. Maxine Tisdale shared some personal information about her family and noted she retired from John Deere. Ms. Tisdale advised she also served on several other Boards within the community. C. APPROVAL OF THE MINUTES FOR THE REGULAR MEETINGS ON DECEMBER 20, 2011 AND JANUARY 10, 2012, AND THE PUBLIC HEARING ON JANUARY 10, 2012. Chairman Johnson noted because of the early meeting in January, our minutes for December were not available for review. We now have the December 20, 2011 and January 10, 2012 regular Board meeting minutes to approve, along with the minutes of the public hearing on January 10, 2012. It was moved by Jeri Thornsberry and seconded by Mickye Johnson to approve the minutes of the regular meetings on December 20, 2011 and January 10, 2012 and the public hearing minutes of January 10, 2012. Motion carried. Chairman Johnson asked to move ahead to New Busienss, Item E3 on the agenda in order to discuss the Conflict of Interest Policy. The Chairman indicated he would be declaring a conflict of interest on one of the agenda items and asked that the policy be reviewed at this time. Chairman Johnson stated the Code of Conduct document is a policy adopted by our Board, which is similar to the policy adopted by the City. If :you have any interest as a family member, employer, agent or any Minutes February 21, 2012 Page 2 partner of an organization that you are employed, you cannot participate in any decisions made concerning the allocation of HUD funding. This is an annual update. Mickye Johnson inquired if there was a form to sign as he has been on other boards and signed a confidentiality statement. Chairman Johnson explained we could do this, however this is required mostly for nonprofit agencies in order to maintain their 5013C status. The Chairman noted that most of the boards he has served on ask members up front to declare any conflict of interest before the meeting begins. Rudy Jones suggested a signature page could be added to this document. Nancy Gulick indicated our intent was to ask each Board member to simply sign the back of the Code of Conduct statement for this fiscal year. We will place this copy in our file and this will confirm that everyone on the Board read and reviewed the statement. Chairman Johnson indicated it would be appropriate to have the Board adopt this Code of Conduct and Board members will sign off at the end of the meeting. It was moved by Maxine Tisdale and seconded by Mickye Johnson to adopt the Code of Conduct policy and obtain Board member signatures for this fiscal year. Motion carried. D. OLD BUSINESS. 1. Single Family Unit Production — Round 1 Update. Rudy Jones explained the original commitment of 22 new construction units for Round 1. Summerland Park built 15 units, which are now complete and sold. Rooff Development had a commitment of seven units. Seven units have been built and six of these units have been sold. One more unit should be closing within the coming weeks, which will bring closure to Round 1. 2. Single Family Unit Production — Round 2 and Round 3 Updates. Rudy Jones indicated on Round 2, Summerland Park had a commitment of 10 units, which have been built and completed. Rooff Development had a commitment of 10 units and they have begun work on three units. Two units are located at the former Lincoln school site and one at the Madison and Monroe site. Rudy Jones noted Round 3 funding for 17 units all went to Iowa Contractors at Summerland Park, however, five of these units would be built at the former Van Eaton school site. John Rooff confirmed that three of the ten homes for Round 2 would be closing next week. He noted two others would be on foundations in March, and three people are working out their loan products. Mickye Johnson inquired about the final due date for Round 3. Rudy Jones indicated the deadline is December 2012 and noted the Summerland crews spread their work out for a full 12 months. Chairman Johnson indicated we would stay on top of these projects to make sure we do not lose any funding. Minutes February 21, 2012 Page 3 3. Single Family Unit Production -- Round 4 — Confirm Board poll and submit application to Iowa Economic Development Authority. Chairman Johnson stated we have good news with an additional Round 4 of New Construction funding from the Iowa Economic Development Authority. The Chairman noted Gary Rankin and Mickye Johnson served on a subcommittee to review developer applications and make a recommendation for the use of Round 4 funds. A total of 20 units will be constructed at a maximum unit cost of $150,000. The subcommittee recommendation was presented to the Board via email and was approved unanimously for submission to the City Council for the following developers: 8 units to Skogman Homes, 8 units to Iowa Development Enterprise and 4 units lo Black Hawk Contracting. Chairman Johnson indicated he would abstain from voting because the Skogman lots are on property purchased from one of his clients, and he declared this as a possible conflict of interest. Chairman Johnson indicated Board members did approve this recommendation via email. The Chairman reviewed concerns expressed by Bob Reisinger and read aloud a portion of his email response which stated more of the funds should be going toward the East 8th Street/Sycamore project to help those hard to sell areas. Mickye Johnson, a member of the subcommittee, stated at the time of review we had not made sufficient progress with Round 1 and Round 2 funding. We wanted to make sure all houses were built in order to meet the deadlines of Round 4. Mickye Johnson noted as a subcommittee we were looking at who has the capacity to get the job done quickly and meet those deadlines. Considerable discussion continued on the projects being finished by Black Hawk Contracting with progress updates provided by John Rooff. Chairman Johnson asked if there was a change of opinion. Mickye Johnson noted updates were not available at the time of the subcommittee's review. He stated it appears that Mr. Rooff has made significant progress with buyers lined up and noted he could go either way at this point. Rudy Jones explained the application submitted by John Rooff was for the whole amount of funding and noted the challenge is to see what works best. The subcommittee decided if all of the developers were utilized in some capacity we would have a better proposal for the whole community. The Chairman initiated further discussion on changing the number of units proposed for each developer. Rudy Jones stated changes at this point would require major calculations for infrastructure needs on the proposals. Chairman Johnson stated a motion was necessary to approve the subcommittee's recommendation. John Rooff addressed the Board concerning the Francis Grout School, and restated his focus on homes built on the East side. He asked for consideration to build on two more lots to finish the subdivisions he started in these areas. Further discussion was heard on infrastructure needs for various lots and Rudy Jones explained the Minutes February 21, 2012 Page 4 immediate pending timeline to submit our application to the Iowa Economic Development Authority. Jeri Thornsberry stated the subcommittee has worked through these applications and made additional contacts with the developers to bring this proposal together and we should go with their recommendation. Mickye Johnson stated as part of the subcommittee the decisions were made with the information we had at that time and with the short timeline to submit, he would go along with the recommendation, but wanted to note that the additional information this evening would have been helpful in negotiations to move forward. The Chairman stated this will be considered a motion then, moved by Jeri Thornsberry and seconded by Mickye Johnson to accept the recommendation of the subcommittee as proposed: 8 units to Skogman Homes, 8 units to Iowa Development Enterprise and 4 units to Black Hawk Contracting. On roll call: Mickye Johnson, Jeri Thornsberry and Maxine Tisdale voted Aye. Chairman Eric Johnson abstained. The Chairman declared the motion carried. Rudy Jones noted this proposal would be finalized and submitted to the Iowa Economic Development Authority before the February 29, 2012 deadline. Jeri Thornsberry inquired about the deadline to complete Round 4. Rudy Jones stated the deadline is March 2013. 4. Neighborhood Stabilization Program — Round 3 Update. Rudy Jones indicated we acquired a property located at 1013 Lafayette Street and to keep with the character of the neighborhood we solicited bids to rehabilitate that property. A bid tab handout was distributed to the Board today and we will discuss this under New Business. E. NEW BUSINESS: 1. Authorize Award of Rehabilitation Contract for 1013 Lafayette Street. Chairman Johnson indicated bids were received and opened for this project. The cost to rehabilitate the property at 1013 Lafayette Street will exceed our normal rehabilitation amounts. This structure is in an area where we have already put in a lot on money and effort to improve. Staff recommends awarding this contract to the lowest responsible bidder. Bids were received as follows: Brothers Construction Connerley Construction, LLC S. J. Construction Redwood Construction $123,767.00 $119,215.00 $123,562.00 Insufficient Documentation — Bid Rejected It was moved by Mickye Johnson and seconded by Jeri Thornsberry to award the rehabilitation contract for 1013 Lafayette Street to the low bidder, Connerley Construction, LLC of Cedar Rapids, Iowa in the amount of $119,215.00. On roll call: Mickye Johnson, Maxine Tisdale, Jeri Thornsberry and Chairman Eric Johnson voted Aye. Nays: None. The Chairman declared the motion carried. Minutes February 21, 2012 Page 5 2. Endorse Rehabilitation Contracts for January 2012. (Report attached.) Chairman Johnson indicated the January Rehabilitation Contracts report was included in the packet. It was moved by Maxine Tisdale and seconded by Jeri Thornsberry to endorse the rehabilitation contracts for the month of January 2012. Motion Carried. F. DISCUSSION ITEMS. 1. Cedar Valley Coalition — Washington, D.C. Rudy Jones stated this is our annual coalition trip to Washington, D.C. to meet with congressional representatives and their staff to review our local projects. Rudy reviewed a brief power -point presentation developed for presentation on the funding sources utilized to redevelop the Rath Brownfields Neighborhood and surrounding area. The primary sources of funding included Economic Development Initiative funds, CDBG and HOME funds, Section 108 Loan and BEDI Grant funds and Neighborhood Stabilization Program funds. Projects included housing rehabilitation and lead abatement, rental rehabilitation, acquisition and demoliition, emergency roofing repairs, new housing construction, street reconstruction and the renovation of Lafayette Park. This comprehensive approach to neighborhood redevelopment created other public and private partnerships in this area. Rudy stated these improvements might spur market rate development :in this immediate area. A lot of work has gone into this redevelopment process with the cooperation of the neighborhoods and other sources. 2. National Community Development Week. Rudy Jones indicated National Community Development Week is coming up in April and more details on our activities will be presented in March. The Chairman indicated the block grant public hearing comes up next. F. ADJOURN MEETING. With no further business to come before the Board, the Chairman adjourned the meeting. Respec fully submitted, kudy D. J nes, cretary Pro -Tem Minutes February 21, 2012 Page 6 oe. �.lise- files2 di 2 sa"nse report-sererads�. signed ny mttttiL =BD rehab program ..._.__.____..__...._. _ SPECIALIST NUMBER' ADDRESS Mark915►,�Asj. & Christina Matt 1556 425 Pine St Buck Patnce Buchanan Jan' 1553 1121 Mulberry St wl CONTRACT REPAIR CONTRACTOR___.___ . . DAA AMOUNT Brothers 1/312012 28,698.00, Nada 111112012 9,755.00 Totat tl lines $38,453.00 Down Payment Assistance Program SPECIALIST NUL13ER ADDRESS Total CONTRACT REPAIR Lerdlrg Irartutiar. DATE. Emergency Repairs Program. NAME SPECIALIST NUMBER Bonnie Lou I, an, Jan 1049 Donald Smu Mark 1050 Total REPAIR ADDRESS 1722 Newell St mitchattamp pump, pit 79 E.Parker L40# C:NTR CT©R_...._ Am.wcan Veterans Plumbing CONTRACT 1/24/2012 g4 Construction 1/3/2012 2,3B1.00 4.000.00 $6,381.00 $5427 owner AUDITOR'S COPY Board Approval �?L>_%.; Council Approval g ` A " MINUTES COMMUNITY DEVELOPMENT BOARD PUBLIC HEARING FOR CITIZEN INPUT FY2013 CDBG and HOME PROGRAM February 21, 2012 Chairman Eric Johnson called the public hearing to order at 5:15 p.m. in the City Council Chambers, 715 Mulberry Street, Waterloo, Iowa. Board Members present: Mickye Johnson, Maxine Tisdale, Jeri Thornsberry and Chairman Eric Johnson. Board Members absent: Amber Boyd, Gary Rankin and Bob Reisinger. Also present: Carolyn Cole and Quentin Hart, City Council Liaison; Rudy Jones, Community Development Director; Nancy Gulick, Community Development Coordinator; Ann Northey, Administrative Secretary; Patricia King, Eye of the Needle; Martha Frazier, Eastside Ministerial Alliance; Barb Prather, Northeast Iowa Food Bank; Barb Grant, Operation Threshold; Chuck Rowe and Chris Hurley, Boys & Girls Club; and Tim Jamison, Waterloo/Cedar Falls Courier. A. APPROVAL OF AGENDA It was moved by Mickye Johnson and seconded by Maxine Tisdale to approve the agenda as mailed. Motion carried Chairman Johnson indicated this public hearing is to receive citizen input on the Subcommittee Recommendation for CDBG and HOME program funding for the FY2013 Consolidated Plan One -Year Action Plan. The Chairman noted copies of the recommendation were available with the agenda and notices were published in the Courier and the city's website. We will allow for citizen input and then the Board as a whole will make a recommendation to the City Council. The Council will hold a public hearing in April and the final recommendation will then be submitted to HUD. B. RECEIVE AND PLACE ON FILE AFFIDAVIT FOR PROOF OF PUBLICATION FOR NOTICE OF PUBLIC HEARING Chairman Johnson indicated a display ad was published in the Waterloo/Cedar Falls Courier on Sunday, February 5, 2012 announcing the public hearing. Copies of the affidavits were submitted for approval. It was moved by Maxine Tisdale and seconded by Mickye Johnson to approve and place on file the affidavit for the notice published in the Waterloo Courier. Motion carried. Minutes — Public Hearing February 21, 2012 Page 2 C. OPEN PUBLIC HEARING It was moved by Jeri Thornsberry and seconded by Mickye Johnson to open the public hearing. Motion carried. At this time the Chairman opened the hearing for comments. He stated when all comments are received the Board will discuss the projects and adopt a recommendation to submit to the City Council. Patricia King, representing Eye of the Needle, extended her appreciation for past funding and asked if there were any questions concerning her application. There were no questions. Chuck Rowe, Boys and Girls Club, thanked the Board for consideration of their funding request and inquired if there were any questions regarding their application. There were no questions. Chairman Johnson asked for further comments or input from the public. No further comments were received. D. CLOSE PUBLIC HEARING The Chairman called for a motion to close the hearing. It was moved by Jeri Thornsberry and seconded by Maxine Tisdale to close the public hearing. Motion carried. E. MOTION TO AUTHORIZE PUBLICATION OF BUDGET FOR THE 30 -DAY COMMENT PERIOD (MARCH 1-30, 2012) AND SUBMIT RECOMMENDATION TO THE CITY COUNCIL FOR PUBLIC HEARING — APRIL 16, 2012. Chairman Johnson explained we are at the point to authorize this budget for publication for a 30 - day public comment period and then submit the recommendation to the City Council for a public hearing on April 16, 2012. He noted the subcommittee members that assisted staff in reviewing applications were Jeri Thornsberry, Gary Rankin and Bob Reisinger, along with Council Liaison members Quentin Hart and David Jones. Jeri Thornsberry stated it was a tough decision, as there just was not enough money and the Chairman noted there never is. Quentin Hart confirmed the difficult process, as there are always more requests than dollars available. It was moved by Mickye Johnson and seconded by Maxine Tisdale, to approve the subcommittee's recommendation as presented and authorize publication for the 30 -day comment period — March 1-30, 2012, and also submit the Board's recommendation to the City Council for their public hearing on April 16, 2012 as follows: Minutes — Public Hearing February 21, 2012 rage 3 FY2013 CDBG AND HOME PROGRAMS - COMMUNITY DEVELOPMENT BOARD P'a' z` �� Boys & Girls Clubs of Black Hawk County $ 40,000 The Triple Play Project Clearance and Demolition $ 50,000 Demolition of Vacant Dilapidated Structures Consumer Credit Counseling Services of NE IA $ 10,000 MoneyMap Financial Literacy and Support Emergency Repairs $ 117,000 Emergency Repair for Single Family Homes Eye of the Needle (L.O.F.T.) $ 10,000 Provide Clothing, Basic Needs and Transportation General Program Administration (20% of allocation) $ 225,286 CDBG Administration Neighborhood Services $ 75,000 City Liaison with Neighborhoods Northeast Iowa Center for Independent Living $ 10,000 Operation Accessibility (10 Wheelchair Ramps) Northeast Iowa Food Bank $ 50,000 Food Bank Capital Campaign "Setting the Table of Hope" Year 4 Operation Threshold $ 10,000 Weatherization-Plus Program The Salvation Army $ 5,000 Women and Children Shelter The Salvation Army $ 5,000 Men's Emergency Lodge Rehabilitation Administration $ 164,143 Rehabilitation Project Delivery Costs Single Family Rehabilitation $ 400,000 Owner -Occupied Rehabilitation TOTAL CDBG RECOMMENDATION $ 1,171,429 City of Cedar Falls $ 75,000 Annual Allocation - HOME Consortium Eastside Ministerial Alliance $ 20,000 Rehab 421 Independence Avenue Iowa Heartland Habitat for$ Humanity (CHDO Request) 70,137 Affordable Single Family Homes - New Construction Operation Threshold $ 30,000 Tenant Based Rental Assistance Program Single Family Rehabilitation $ 230,688 Owner -Occupied Rehabilitation Administration (10% of allocation) $ 46,758 HOME Administration TOTAL HOME RECOMMENDATION e 472,583 Minutes — Public Hearing February 21, 2012 Page 4 On roll call: Mickye Johnson, Maxine Tisdale, Jeri Thornsberry and Eric Johnson voted Aye. Nays: None. The Chairman declared the motion carried. F. ADJOURN Chairman Johnson thanked everyone for attending and with no further business adjourned the meeting. Respectfully submitted, Rudy D. Jones, Secretary Pro -Tem Payment voucher prepared by: Pauline Closson March 19, 2012 Vendor Address City & State AECOM ************************************* CITY OF WATERLOO PAYMENT VOUCHER Vendor No. Department: City Engineering Department Grant/Project 07VIPDAMM 8108WALL Batch No. Keyed By: 9002 A032612 Invoice Date Invoice No Qty/Unit Amount Description PROJECT G/L Distribution 3/13/12 37218834 2,387.97 Contract No. 713 Est. No. 34 424-07-7505-2103 Waterloo Dam Rehabilitation & River Walk Reconstruction 1/21/ - 3/9/12 CRS Special Instructions: Submitted By TOTAL 2,387.97 3/19/12 ViklittL 4gte 34(9 -- Date Approved By: Date An Equal Opportunity/Affirmative Action Employer AECOM Invoice To: Mr. Eric Thorson, P.E. City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 Invoice Date: March_13, 2012 Project Number: 100112/60131430/60179977 Invoice No: 37218834 Your Authorization: Supplemental Agreement No. 4 Dated April 23, 2007 Supplemental Agreement No. 10 Dated April 26, 2010 Waterloo Dam Rehabilitation and River Wall Reconstruction Construction -Review Services Progress Billing: January21, 2012, through March 9, 2012 Classification Hours Senior Professional Project Professional Staff Professional Professional Technician CAD/GIS Operator Project Support Stanley Terracon Direct Expenses Total Costs to Date Less Previous Billing 68.0 572.0 59.0 102.0 3,241.0 26.0 326.5 Amount $ 12,581.87 78,931.24 4,915.01 7,231.67 253,067.59 1,299.46 19,382.42 37,639.75 713.12 3,209.73 $418,971.86 416, 583.89 TOTAL AMOUNT DUE $ 2.387.97 L:\work\ADMIN\INVOICE\WatDam Rehab.doc K !v c -ES - 7/3 Remit To: AECOM • P.O. Box 1497 • Waterloo, Iowa 50704-1497 501 Sycamore Street, Suite 222 • Waterloo, Iowa 50703 • (319)232-6531 • Fax: (319) 232-0271 Prepared by: Pauline Closson March 19, 2012 CITY OF WATERLOO PAYMENT VOUCHER Vendor No. Vendor Cedar Valley Corp I Engineering Department Address Project Code: 07STR(671) City & State Invoice Date 9002 A032612 Batch No. Keyed By: Invoice No. QTY/Unit Amount Description G/L Distribution 7/15/11 33 Special Instructions: • Submtfted By $0.00 Contract No. 720 Est No.33 290-07-7500-2165 $25,097.83 Commerical St Extension & River Road 205-07-7500-2165 $2,674.51 Relocation & Storm Water Pump Station 426-07-5300-2162 $0.00 Deere 426-07-7500-2199 7/15/11 thru2/1/12 Total $27,772.34 3/19/12 plubtti, Approved By: Date An Equal Opportunity/Affimative Action Employee FY 200.' WEST COMMERCIAL ST. EXTENSION RIVER RD. REL. AND STORM WATER PUMP STA RtSE NO. RM -8155(671)-90-07 IA D.O.T. Agreement No: 2004-R-006 WATERLOO CONTRACT NO. 720 Letting Date: July 14, 2008 Contract Date: August 04,2008 TO: City of Waterloo, IA Waterloo Contract No. 720 Contractor: CEDAR VALLEY CORP. 2637 WAGNER RD WATERLOO, IA 50703 PAGE 1 OF 18 DATE: 02/01/12 COMPLETION DATE: JUNE 01, 2009 -STORM SEWER, PUMP STA AND FORCE MAIN /SEPT. 01,2009 -ALL OTHER WORK PAYMENT REQUEST NO. 33 (Final Quantities) Construction Period: 07/15/11 Thru 02/01/12 1. Original Contract Sum 2. Net Change by Change or Extra Work Order (7000 & 8000 Items, Net Contract Adjustment) 3. Contract Sum To Date (Line 1. + 2.) 4. Total Completed To Date A. Street (Participating) B. Street (Non -Participating) C. Pump Station (Non -Participating D. Deere (Non -Participating) 5. Total To Date Retained - (3%) A. Street (Participating) B. Street (Non -Participating) C. Pump Station (Non -Participating) D. Deere (Non -Participating) 6. Total To Date Earned Less Retainage A. Street (Participating) B. Street (Non -Participating) C. Pump Station (Non -Participating) D. Deere (Non -Participating) 7. Less Previous Payment Requests A. Street (Participating) 1. Contract Items Page 14 Page 11 Page 13 PAYMENT REQUEST NO. 32) 2. Retainage Release B. Street (Non -Participating) 1. Contract Items 2. Retainage Release C. Pump Station (Non -Participating) 1. Contract Items 2. Retainage Release D. Deere (Non -Participating) 1. Contract Items 2. Retainage Release *8. Payment Due This Request A. Street (Participating) 1. Contract Items 2. Retainage Release B. Street (Non -Participating) 1. Contract Items 2. Retainage Release C. Pump Station (Non -Participating) 1. Contract Items 2. Retainage Release D. Deere (Non -Participating) 1. Contract Items 2. Retainage Release 9. % of Contract Dollars Completed To Date * REMIT TO: CEDAR VALLE Co„P Recommended For Approval; APPROVED BY: ACCEPTED BY: Page 18 $2,778,685.84 $151,401.94 $1,814,238.60 $334,576.60 Page 10 $83,360.57 $4,542.06 $54,427.16 $10,037.30 Page 10 $2,695,325.27 $146,859.88 $1,759,811.44 $324,539.30 Page 10 $2,668,076.48 $0.00 $149,010..84 $0.00 $1,757,136.93 $0.00 $324,539.30 $0.D0 Page 10 $27,248.79 $0.00 -$2,150.96 $0.00 $2,674.51 f/ $0.00 $0.00 $0.00 $5,024,362.36 $54,540.59 ---------------- $5,078,902.95 $5,078,902.98 $152,367.09 $4,926,535.89 $4,898,763.55 $27,772.34 100.00% WDATE : 6 fitf112 ., Wayne Claassen Engineering and Surveying, Inc. DATE: 3/ V42 CEDAR LEY CORP. EXCEPTIONS TAKEN: DATE: DATE: 3 // Z Voucher Prepared by: Pauline C. CITY OF WATERLOO 9002 PAYMENT VOUCHER A032612 March 19, 2012 Finance Dept Only Vendor No. Batch No. Keyed By Department: Engineering Vendor Name AECOM Grant/Project Code # 07VIPPORT Address City & State ************************************* Invoice No. Invoice Date Qty/Unit Amount Description G/L Distribution 3/13/12 37218836 $2,688.00 Contract No, 734 Est. 12 424-07-7610-2103 $672.00 Cedar River Water Trail between Park Ave 409-07-7610-2103 Dam & 6th Street Dam CRS 1/14 thru 3/9/12 Cedar River Water Trail between Park Ave Dam & 6th Street Dam Design 1/14 thru 3/9/12 1.1V i tan CrAIIW v3( 'cU ITV Total $3,360.00 Special Instructions: 3/19/12 Submitted By: Date Approved By: Date An Equal Opportunity/Affimative Action Employer AECOM Invoice To: Mr. Eric A. Thorson, P.E. City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 Invoice Date: Project Number: Invoice No: Your Authorization: Agreement Dated August 6, 2007 Supplemental Agreement No. 1 Dated November 16, 2009 Supplemental Agreement No. 2 Dated September 12, 2011 Cedar River Water Trail Park Avenue Dam and 6th Street Dam Waterloo, Iowa Progress Billing: January 14, 2012, through March 9, 2012 Design Lump Sum Fee $39,500.00 Percent Complete 100% Fee to Date 39,500.00 Less Previous Billing 39,500.00 $ 0.00 TOTAL AMOUNT DUE $3,360.00 Grant — County (80%) Match — City (20%) Design CRS $0.00 0.00 $0.00 L:\work\ADMIN\INVOICE 1WatCedarRiverWaterTrail.doc $2,688.00 672.00 $3,360.00 CRS $56,000.00 99% 55, 440.00 52, 080.00 $ 3,360.00 6 16 ecz5 ?3`"C/ March 13, 2012 102550/60131514/60180025 37218836 4/) Remit To: AECOM • P.O. Box 1497 • Waterloo, Iowa 50704-1497 501 Sycamore Street, Suite 222 n Waterloo, Iowa 50703 • (319)232-6531 • Fax: (319) 232-0271 Voucher Prepared by: Pauline C. CITY OF WATERLOO 9002 PAYMENT VOUCHER A032612 March 19, 2012 Vendor Name Address City & State Invoice Date Vendor No. Department: Vieth Construction ************************************* Finance Dept Only Batch No. Keyed By Engineering Grant/Project Code # 07VIPPORT Invoice No. Qty/Unit Amount Description G/L Distribution 3/19/12 30 $73,014.18 Contract No. 734 Est. No. 30 $9,893.51 Cedar River Water Trail (Portages) Period ending 3/19/12 Total $82,907.69 408-07-7610-2175 409-07-7610-2175 Special Instructions: ,(,�' 3/19/12 Su miffed By: Date Approved By: Date An Equal Opportunity/Affimative Action Employer PAY ESTIMATE CEDAR RIVER WATER TRAIL (PORTAGES) IDOT PROJECT NUMBER NRT-NT08(1)--9G-07 CITY CONTRACT NUMBER 734 AECOM PROJECT # 102550 Period Ending : Estimate No. : Contractor : 09 -Mar -12 30 Vieth Construction Page 1 of 2 3/16/2012 8:04 AM Item No. Item Description UNIT UNIT PRICE CONTRACT AUTHORIZED ESTIMATED QUANTITY AMOUNT ESTIMATED QUANTITY AMOUNT PERCENT COMPLETE 20,000.00 1.00 20,000.00 100% 1REMOVALS, AS PER PLAN, AT 7TH STREET PORTAGE LS 20,000.00 1.0 2A REMOVALS, AS PER PLAN, AT 5TH STREET PORTAGE LS 4,000.00 1.0 4,000.00 0% 3 3A EXCAVATION, CLASS 20 CY 45.00 380.0 17,100.00 380.00 17,100.00 100% EXCAVATION, CLASS 20 CY 30.00 120.0 3,600.00 120.00 3,600.00 100% 4 EXCAVATION, CLASS 22 CY 100.00 45.0 4,500.00 0% 4A .5 EXCAVATION, CLASS 22 COMPACTION WITH.MOISTURF AND DENSITY CONTROL GRANULAR BACKFILL CY CY CY 100.00 7.00 48.00 15.0 250,0 250.0 1,500.00 1,7„5Q,;QQ - 250.00 - T 17' 0.00 0% 100 6 12,000.00 250.00 12,000.00 100% 7 RIPRAP TON 74.00 75.0 5,550.00 28.32_ 2,095.68 38% 7A RIPRAP TON 95.00 25.0 2,375.00 8 ENGINEERING C% FABRIC SY 5.00 75.0 375.00 0% 8A ENGINEERING FABRIC SY 5.00 25.0 125.00 0% 9 10 ' 10A 11 PCC SIDEWALK, 5" SY _._._,.S: CY 105.00 M ®kQ® 24.9 •• 52.3 2,614 50 • t a 56,745.50 $ < 5,.; ' L C"OJCR tE . { # ° 52.30 • : °� 0% " ` o STRUCTURAL CONCRETE �, 1,085.00 56,745.50_ 13,600.00 100% 68% REINFORCING STEEL, EPDXY COATED LB 1.60 12,557.7 20,092.32 8,500.00 11A REINFORCING STEEL, EPDXY COATED LB 1.60 2,815.2 4,504.32 2,815.20 4,504.32 100% 12 12A LEAN CONCRETE LEAN CY 375.00 30.0 11,250.0032.50 12,187.50 108% 13A CONCRETE STEEL CY 375.00 10.0 3,750.00 23.75 8,906.25 238% 14 RAILING STEEL LF 165.00 56.0 9,240.00 0% HANDRAIL LF _. { ., .::... ,.•e 85.00 , . �®Q ` 58.0 '.. ae 0 4,930.00 2 - ii ,99.Mked 0% .-,343, ' t° s7M' 4- 73% 100% 15A IV*° .�. . SIGNS, PROVIDE AND INSTALL (LAND MOUNT) SF SF SF 65.00 42.00 40.00 10.0 99.0 7.5 650.00 4,158.00 7.26 99.00 y 471.91 4,158.00 16 SIGNS, PROVIDE AND INSTALL (BRIDGE MOUNT SIGNS, PROVIDE ONLY 17 300.00 0% 18 SIGN POSTS LF 12.00 70.0 840.00 3,060.00 0% 90% 19 BOLLARDS EA 850.00 4.0 3,400.00 3.60 19A BOLLARDS . m • _. �. _.. �.. a+' 9.'h'lz�}S` w`o's"C*$..4ei ..y EA tEbt+eu.., 850.00 0�t1 21 2.0 $ �t 1,700.00 .a ® ®® 875.00 2.00 cT�yR �� ,.9�., �. tl. � 120.00 1,700.00 ....�6 • P �� 420.00 100% ����:d � i ♦..m uMn...e SILT FENCE LF 3.50 250.0 i�"� . 48% 22 REMOVAL OF SILT FENCE LF 0.50 250.0 125.00 100.00 50.00 40% 23 CLEANOUT OF SILT FENCE LF 1.25 125.0 156.25 0% 24 SAFETY FENCE LF 5.00 500.0 2,500.00 457.00 2,285.00 91% 24A .5 26 SAFETY FENCE M. , :.. aw. .. W LF *LS ;,Q©a: 5.00 100.0 t.,.,.,.. .1491 1.0 500.00 . M • �,e 1,:O•Q®z 4,000.00 a ..,Q:O;e 0% Li:), 0% QQ 4,000.00 ,.. ,.1 PARK AVENUE COFFERDAM - INSTALL AND REMOVE LS 27A 5TH STREET COFFERDAM - INSTALL AND REMOVE LS 30,000.00 1.0 30,000.00 0.70 21,000.00 70% 28 7TH STREET COFFERDAM - INSTALL AND REMOVE LS 27,500.00 1.0 27,500.00 0.50 13,750.00 50% TOTAL 468,113.89 326,932.70 70% ._._....... Page 1 of 2 3/16/2012 8:04 AM TOTAL EARNED TO DATE LESS RETAINAGE SUBTOTAL LESS PREVIOUS PAYMENTS DUE THIS ESTIMATE AECOM Matt Dunakey C. nstruction�Services 562,857.60 28,142.88 534, 714.72 451, 807.03 82,907.69 Date 04/ Z - 311Ge'IZ Date City of Waterloo Date Jamie Knutson, Associate City Engineer Vieth Construction Has Waived The Right To Review Partial Pay Estimates. Page 2 of 2 3/16/2012 8:04 AM • Item No. Item Description UNIT UNIT PRICE CONTRACT AUTHORIZED ESTIMATED QUANTITY AMOUNT ESTIMATED QUANTITY AMOUNT PERCENT COMPLETE CHANGE ORDERS 1-29 SAFETY CLOSURES (8001) DAM TREE REMOVAL (8002) PIPE REMOVAL (8003) USGS PIPE PROTECTION (8004) SMALL DAM TREE REMOVAL (8005) LS LS LS LS LS 1.00 1.00 1.00 1.00 1.00 1,750.0 8,804.0 1,750.00 8,804.00 1,500.00 8,804.00 1,500.00 86% 2-30 3-31 8,804.00 100% 1,355.0 880.0 6,250.0 1,355.00 880.00 6,250.00 1,355.00 1,355.00 100% 3-32 880.00 6,250.00 880.00 6,250.00 100% 100%- 3-33 4-34 ADDITIONAL REMOVALS (8006) CAUSEWAY RELOCATION (8007) ADDITIONAL REVIEW (8008) LS LS LS 1.00 1.00 1.00 17,500.0 3,850.0 2,450.0 17,500.00 3,850.00 2,450.00 17,500.00 17,500.00 100% 4-35 3,850.00 3,850.00 100% 4-36 4-37 2,450.00 2,450.00 100% ADDITIONAL STRUCTURAL CONCRETE (8009) ADDITIONAL REINFORCING STEEL (8010) MOBILIZATION (8011) CY LB LS 1,185.00 1.85 1.00 27.0 640.5 31,995.00 1,185.00 44.75 2,970.00 53,028.75 5,494.50 166% 464% 4-38 4-39 15,000.0 15,000.00 15,000.00 15,000.00 100% 4-40 5-41 SHEET PILING (8012) LF 515.00 200.0 103,000.00 173.90 89,558.50 87% WALL REMOVAL AND REPLACEMENT (8013) LS 1.00 34,615.0 34,615.00 27,692.00 27,692.00 80% 6-42 USGS PIPE RECONNECTION (8014) LS 1.00 2,697.0 2,697.00 2,562.15 2,562.15 95% 80% TOTAL 699,444.89 562,857.60 TOTAL EARNED TO DATE LESS RETAINAGE SUBTOTAL LESS PREVIOUS PAYMENTS DUE THIS ESTIMATE AECOM Matt Dunakey C. nstruction�Services 562,857.60 28,142.88 534, 714.72 451, 807.03 82,907.69 Date 04/ Z - 311Ge'IZ Date City of Waterloo Date Jamie Knutson, Associate City Engineer Vieth Construction Has Waived The Right To Review Partial Pay Estimates. Page 2 of 2 3/16/2012 8:04 AM • Marech 19,2012 CITY OF WATERLOO 9002 PAYMENT VOUCHER 32612 Vendor No. Department: Engineering Vendor Name JDE Grant/Project Code # 07STR WYFD Address City & State ************************************* Invoice Date Invoice No. Qty/Unit Amount Description G/L Distribution FY W'loo Downtown Wayfinding Signage 3/10/12 2012-0009 $340.00 Contract No. 783 Est. No.11 $85.00 Jan 23 thru March 9, 2012 Special Instructions Submitted By TOTAL 425.00 3/19/12 Date pieutUb6(2--- �„id 290-07-7161-2103 409-07-7120-2103 Approved By Date An Equal Opportunity/Affirmative Action Employer Bill To: 402 E. 4th Street, Suite 101 Waterloo, Iowa 50703 Phone: 319-464-7913 Date 3/10/2012 City of Waterloo Engineering Department Attn: Jeff Bales 715 Mulberry Street Waterloo, Iowa 50703 Phone: 319-291-4312 Invoice Invoice # 2012-0009 Pay Request No. 11 Terms Net 30 days (Project # 11-001 City of Waterloo Wayfinding Signage Project Professional Services Provided from: Date None Professional Personnel Totals January 23, 2012 Hours 0.00 0.00 to: Rate $75.00 March 9, 2012 Amount $0.00 $0.00 Pay Request #11 - Summary JDE Engineering, PLC Invoice #2012-0009 $0.00 Craig Ritland Landscape Architect Invoice #9 $425.00 Terracon, Inc. None $0.00 Total - Pay Request #11 $425.00 Invoice Summary Pay Request Date Invoice Number Amount No.1 4/26/2011 2011-0012 $5,700.00 No.2 5/22/2011 2011-0013 $6,596.25 No.3 6/24/2011 2011-0021 $10,460.00 No. 4 8/10/2011 2011-0027 $4,510.00 No. 5 8/30/2011 2011-0037 $4,104.93 No. 6 9/30/2011 2011-0035 $2,287.46 No. 7 10/28/2011 2011-0040 $1,657.50 No. 8 11/27/2011 2011-0042 $425.00 No. 9 12/27/2011 2011-0048 $382.50 No. 10 1/29/2012 2012-0001 $340.00 No. 11 3/10/2012 2012-0009 $425.00 66 -5c g oQ Total $36,888.64 Total Contract Limit $39,688.90 (Base Contract + Supplemental #1) Total Amount Earned to Date $36,888.64 Less Previously Paid $36,463.64 !Total Amount Due this Estimate $425.001 CRAIG RITLAND LANDSCAPE ARCHITECTS 501 SYCAMORE STREET BLACKS BLDG - MEZZ. A WATERLOO, IA 50703 PHONE (319) 233-8090 FAX (319) 233-9772 ritIandOmcleodusa.net February 6, 2012 Jim Ellis, PE JDE Engineering 528 Mulberry Street Waterloo, Iowa 50703 INVOICE No. 9 RE: Waterloo Downtown Wayfinding Signage Construction Related Services Waterloo, Iowa Summary of Fees for Invoice No. 9 Craig Ritiand Landscape Architects Services performed from 01/01/12 — 01/31/12 Principal — 0 hours @ $110.00/hr Associate — 5 hours @ $85.00/hr $ 0.00 $ 425.00 Total Billing Invoiced for Project to Date Less Previous Billing Total Amount Due Total $ 425.00 $ 5,350.00 - $ 4,925.50 $ 425.00 Total Billing Due for Invoice No. 9 $ 425.00 Thank you, Craig Ritland, FASLA Voucher Prepared by Pauline C CITY OF WATERLOO 9002 PAYMENT VOUCHER A032612 Msrch 19, 2012 Vendor Name Address City & State Vendor No. Department: Engineering JDE Engineering Grant/Project Code # 07STR(712 ************************************* Invoice Date Invoice No. Qty/Unit Amount Description G/L Distribution 3/1/10/12 2012-0012 3,106.25 Contract No. 801 Est. No 3 290-07-7500-2103 3,106.25 F.Y. 2012 Geraldine Road Phase II 205-07-7500-2103 RM -8155(727)--9D-07 1/23 thru 2/1//12 Special Instructions: Submitted By&t Total $ 6,212.50 3/19/12 Date Approved By: Date An Equal Opportunity/Affirmative Action Employer ENGINEERING Bill To: 402 E. 4th Street, Suite 101 Waterloo, Iowa 50703 Phone: 319-464-7913 Date 3/10/2012 City of Waterloo Engineering Department Attn: Jeff Bales 715 Mulberry Street Waterloo, Iowa 50703 Phone: 319-291-4312 1 Invoice Invoice # 2012-0012 Pay Request No. 3 Terms Net 30 days !Project # 11-042 Geraldine Road Extension - RISE Project Professional Services Provided from: Date Professional Personnel Week of 1/23 Drafting Technician Week of 1/30 Drafting Technician Week of 2/6 Drafting Technician Week of 2/13 Drafting Technician January 23, 2012 Hours 23.50 21.00 12.00 5.00 Totals 61.50 to: Rate $75.00 $75.00 $75.00 $75.00 February 17, 2012 Amount $1,762.50 $1,575.00 $900.00 $375.00 $4,612.50 Pay Request #3 - Summary JDE Engineering, PLC Invoice #2012-0012 $4,612.50 Helfand Engineering and Surveying, LTD. None $0.00 Terracon, Inc. T281134 $1,600.00 Total - Pay Request #3 $6,212.50 Invoice Summary Pay Request Date Invoice Number Amount No.1 12/27/2011 2011-0049 $2,850.00 No.2 1/29/2012 2012-0002 $8,250.00 No.3 3/10/2012 2012-0012 $6,212.50 Total $17,312.50 Total Contract Limit Total Amount Earned to Date Less Previously Paid $29,800.00 $17,312.50 $11,100.00 (Total Amount Due this Estimate $6,212.50 t iTerracon INVOICE 6612 Chancellor Dr.;Suite 102 Cedar Falls, IA 50613-5644 319-277-4016 Project: Proposed Geraldine Road Extension extending west from the south end of Geraldine Rd Waterloo, IA To: JDE Engineering Attn: Jim Ellis 402 East 4th St Ste 101 Waterloo, IA 50703 Project Mgr: Rick Lockhart REMIT TO: Invoice Number: T281134 Terracon Consultants, Inc. PO Box 843358 Kansas City, MO 6418423358 Federal E.I.N.: 42-1249917 Project Number: Invoice Date: For Period: For services in conjunction with Terracon Proposal No. CF11452 dated December 6, 2011. Description 13115130 1/30/2012 12/04/2011 to 1/28/2012 Lump Sum If you have any questions regarding this invoice, please call 319-277-4016. Total $1,600.00 Invoice Total $1,600.00 TERMS: DUE UPON PRESENTATION OF INVOICE Page 1 of 1 Client #208959 Voucher Prepared by Pauline C CITY OF WATERLOO 9002 PAY VOUCHER A032612 March 19, 2012 Vendor Name Craig Ritland Landscape Architects Address Waterloo Bldg # 302 City & State 831 Commercial St. Waterloo, IA 50701 ************************************* Invoice Date Invoice No. Qty/Unit Vendor No. Department: Grant/Project Code # Amount Description Engineering 07STR(7723) 3/13/12 4 $7,682.50 Contact # 803 Est* 4 Lou Henry Hoover Memorial Sculpture Garden Services from 2/1/12 thru 2/29/12 Special Instructions 6Q___)C Submitted By 511,( -66(9 -- TOTAL $7,682.50 3/19/12 Date Approved By An Equal Opportunity/Affirmative Action Employer G.L. Distribution 426-07- 7845-2103 CRAIG RITLAND LANDSCAPE ARCHITECTS 531 COMMERCIAL ST. WATERLOO BLDG. # 302 WATERLOO, IA 50701 PHONE (319) 233-8090 FAX (319) 233-9772 ritland@mcleodusa.net March 13, 2012 Jeff Bales, Associate Engineer Engineering Department City of Waterloo 715 Mulberry Street Waterloo, Iowa 50701 INVOICE No. 4 RE: Lou Henry Hoover Memorial Sculpture Garden Waterloo, Iowa Iowa DOT Project No. STP-E-PA30(111)-8V-07 Summary of Fees for Invoice No. 4 Craig Ritland Landscape Architects Services performed from 02/01/12 – 02/29/12 Principal – 3 hours @ $110.00/hr Associate – 86.5 hours @ $85/hr $ 330.00 $ 7,352.50 Total Billing Invoiced for Project to Date Less Previous Billing Total Amount Due Total Billing Due for Invoice No. 4 Thank you, Craig Ritland, FASLA Total $ 7,682.50 $ 11, 607.50 - $ 3,925.00 $ 7,682.50 $ 7,682.50 ole Voucher Prepared by Pauline C CITY OF WATERLOO PAYMENT VOUCHER March 19, 2012 Vendor Name AECOM Address City & State .************************************* Invoice Date Invoice No. Qty/Unit 3/13/12 3/13/12 3/13/12 3/13/12 Soe -I Instructions 37218838 37218838 37218838 37218838 Submitted By TOTAL Department Engineering Grant/Project Code # 07LTF 5007 Amount Description $647.94 Blowers Creek Design EDA 75% $3,002.98 Dry Run Creek Design EDA 75% $215.98 $1,000.99 4,867.89 3/19/12 Date Blowers Creek Design CDBG 25% Dry Run Creek Design CBDG 25% Feb 11 thru March 9 2012 jttt<it G.L. Distribution 11/LATIV•- 6 0 75%25 Approved By An Equal Opportunity/Affirmative Action Employer 290-07-5300-2103 409-07-5300-2103 290-07-5300-2103 409-07-5300-2103 Date 9002 A032612 07 LFT 5007 07 LFT 5007 07 LFT D078 07 LFT D078 A=COM Invoice To: Mr. Eric Thorson, P.E. City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 Date: Project Number: Invoice No: Your Authorization: Advanced Notice to Proceed Dated November 12, 2010 Progress Billing: February 11, 2012, through March 9, 2012 Storm Water Lift Station Direct Labor Indirect Costs Direct Expenses Stantec Fixed Fee Total Costs to Date Less Previous Billing Amount Due TOTAL AMOUNT DUE Blower's Creek $17,472.13 27, 955.42 100.37 1,210.00 5,905.58 $52,643.50 51, 779.58 $ 863.92 L:\work\ADMIN\INVOICE\WatStorm W aterLiftStation.doc $4.867.89 Invoice March 13, 2012 60188622 37218838 Dry Run Creek ZIA X 47, D� $19,259.18 30,814.70 41.04 200.00 6,509.61 $56,824.53 52,820.56 $ 4,003.97 ge,0Av. Remit To: AECOM • P.O. Box 1497 • Waterloo, Iowa 50704-1497 501 Sycamore Street, Suite 222 • Waterloo, Iowa 50703 • (319)232-6531 • Fax: (319) 232-0271 -42 ATTN : JAMIE KNUTSON CITY OF WATERLOO WATERLOO WATERLOO, IA 50703 Invoice Date: 09 -MAR -12 Invoice Number: DRAFT -8 Agreement Number: 60188622 Agreement Description: Please reference Invoice Number and Project Number with Remittance Project Number : 60188622 Project Name : WAT-Stormwater Pump Stations Bill Through Date : 11 -FEB -12 to 09 -MAR -12 BLD weft Citeex- LaborMultiplier Employee Name/Title Title/Expenditure Date Hours Rate Raw Cost Multiplier Billed Amt Coselman, Barbara L 91 -Management Support 02 -MAR -12 2.00 25.40 50.80 Schindel, Douglas W 90 -Management 17 -FEB -12 3.50 69.50 243.25 Total Labor Multiplier 5.50 294.05 294.05 Labor CPFF OverHead Markup 470.48 Labor CPFF Total 764.53 Lump Sum Description Billed Amt Fixed Fee Labor 99.39 Total Lump Sum 99.39 Project Total : WAT-Stormwater Pump Stations 863.92 Invoice Summaries Total Current Amount : Retention Amount : Pre -Tax Amount : Tax Amount : 863.92 0.00 863.92 0.00 Total Invoice Amount : 863.92 ATTN : JAMIE KNUTSON CITY OF WATERLOO WATERLOO WATERLOO, IA 50703 Invoice Date: 09 -MAR -12 Invoice Number: DRAFT -8 Agreement Number: 60188622 Agreement Description: Please reference Invoice Number and Project Number with Remittance Project Number : 60188622 Bill Through Date : 11 -FEB -12 to 09 -MAR -12 Project Name : WAT-Stormwater Pump Stations DRQ ksi &W K Labor Multiplier Employee Name/Title Bartlein, Ashley L Bernhardt, Mary E Burger, Caroline J Burger, Caroline J Clough, Gloria M Kimball, Daniel D (Dan) Kimball, Daniel D (Dan) Kimball, Daniel D (Dan) Schindel, Douglas W Schindel, Douglas W Title/Expenditure 06 -Civil - Prof 91 -Management Support 21 -Environ / Haz Mat -Prof 21 -Environ / Haz Mat -Prof 90 -Management 55-Resident/Off Engineer 55-Resident/Off Engineer 55-Resident/Off Engineer 90 -Management 90 -Management Total Labor Multiplier Labor CPFF OverHead Markup Labor CPFF Total Lump Sum Description Fixed Fee Labor Total Lump Sum Project Total : WAT-Stormwater Pump Stations Date Hours Rate Raw Cost 17 -FEB -12 1.00 26.78 26.78 17 -FEB -12 1.00 25.40 25.40 17 -FEB -12 3.00 38.66 115.98 24 -FEB -12 1.00 38.66 38.66 17 -FEB -12 1.00 30.50 30.50 17 -FEB -12 8.00 33.50 268.00 24 -FEB -12 6.00 33.50 201.00 02 -MAR -12 3.00 33.50 100.50 02 -MAR -12 4.00 69.50 278.00 09 -MAR -12 4.00 69.50 278.00 32.00 1,362.82 Multiplier Billed Amt 1,362.82 2,180.52 3,543.34 Billed Amt 460.63 460.63 4,003.97 Invoice Summaries Total Current Amount : Retention Amount : Pre -Tax Amount : Tax Amount : 4,003.97 0.00 4,003.97 0.00 Total Invoice Amount : 4,003.97 Payment voucher prepared by: Pa Pauline C osson CITY OF WATERLOO 9002 PAYMENT VOUCHER A032612 March 19, 2012 Vendor Name Address City & State Invoice Date Vendor No. Department: Engineering JDE Engineering Grant/Project Code # Invoice No. Qty/Unit 3/10/12 6 Special Instructions Submitted By Amount Description G.L. Distribution $15,200.00 TOTAL $15,200.00 3/19/12 Delane Avenue Detention Area & Preliminary Plan Development Est # 5 1/23 thru 3/3/12 191/441tAr 31 I Date Approved By An Equal Opportunity/Affirmative Action Employer 411-07-5300-2103 # laafoJd) 2/c7z7e-w -27/ri a,,4 00'00Z`si$ alew!ls3 s!yl anp lunowy lelol SZ'6IZ'£T1$ SZ'6T17'8ZI$ oo.00s'85i$ Pled Aisno!naJd ssa3 alea of pawe3 lunowy lelol SZ'6Tb"8ZI$ 3!w!1 loe�luo� 1e101 00'00Z'ST$ OI00-ZIOZ ZIOZ/OI/£ 9'oN S7,61.2,ev l ir— 00'(317'17T$ b000-ZIOZ ZIOZ/6Z/I S'oN SZ'98L'8I$ 0S00-IIOZ TIOZ/LZ/ZT b'ON 00'8tS`817$ Eb00-IIOZ IIOZ/LZ/II E'oN 00'STb'bZ$ 6£00-TTOZ IIOZ/8Z/OT Z'0N 00'0£0'L$ 8E00-TIOZ TTOZ/OE/6 1'ON lunowy iagwnN a,!onul am lsanbaa Aed Auewwn5 a3!onul 00'00Z"5I$ 00'0$ 00'0$ 00'00Z'SI$ 9# lsanbab Aed - Ie101 auoN 013 '2wAaanS pue 2uuaau!8u3 pue!IaH auoN 3d 'yoea3 uaJoi 0100-ZTOZ# aD!onul Jld '2uuaau!2u3 30f /damns - 9# lsanbaa Aed 00'0$ 00'0$ 00'0$ 00'0 lunowy ales sl!u0 wail )IJoM s!elol auoN as e4 sau!nJa5 Ieuo!ssa}oJd 2u!AanMnS pue 2uuaau!2u3 puellaH 00'0$ 00'0 00'0$ lunowy 00'S6$ ales 00'0 sJnoH slew' auoN lauuosJad leuo!ssa;oJd saowa5 leuo!ssalom yaea3 uaio3 00'00Z"S1$ , 00'091 00'006"I$ 00'058'Z$ 00'058"Z$ ,e 00'058"Z$ 00'006"I$ r 00'058'Z$ lunowy Z10Z'£ y»eW 00'56$ 00'56$ 00'56$ 00'56$ 00'56$ 00'56$ ales 00'0Z 00'0£ 00'0£ 00'0£ 00'0Z 00'0£ sinoH :oi ZIOZ '£Z Aienue f slelol Ja8eue AJ laafoJd Ja2eueiN laafoJd Ja2eueiAl laafad Ja2eueln! pafoJd Ja2eueLN hafoJd JaBaum loafwd lauuosJad leuo!ssa}ad LZ/Z Jo )IaaM OZ/Z 3o >IaaM EI/Z Jo>IaaM 9/Z 3o >IaaM OE/I 3 0 laaM EZ/T;o laaM ales pap!nwd sao!Ma51euo!ssa}oid 30f luawdolanaa ueld Aleu!w!Iaid pue easy uo!lualaa anuany auelaa L£0 -T1 sAep OE laN swJa1 9 .oN lsanbab Aed 0100-Z1OZ # aJ!onui ZIOZ/OT/E ZTEb-16Z-61E :auoyd EOLOS enol 'ooIJaleM laajls NJaginlM SIL allseD auAeM :idly luaw.edaa 2uuaau!2u3 oolJaleM;o AID ET6L-b9b-6TE :auoyd SOLOS em01 'oojJaleM TOT ai!nS 'laa s (-1lb -3 ZOb '1,4111-11N1!),41 aur :0111!9 Voucher Prepared by Pauline C CITY OF WATERLOO 9002 PAYMENT VOUCHER A032612 March 19, 2012 Department Engineering Vendor Name Snyder & Associates Grant/Project Code # 07LTF 5007 Address City & State ************************************ Invoice Date Invoice No. 3/13/12 110.0951.01A--8 3/13/12 110.0951.01B-8 3/13/12 110.0951.01C-8 Special Instructions Submitted By Qty/Unit Amount Description G.L. Distribution $599.00 Waterloo Stormwater Lift Stations CDBG 409-07-5300-2103 Service thru 2/29/12 Hollywood $440.00 Design services Cedar Bend CDBG 409-07-5300-2103 Service thru 2/29/12 $1,570.00 Design Services Fletcher Ave CDBG Service thru 2/29/12 409-07-5300-2103 EST # 8 TOTAL 2,609.00 3/19/12 Date Approved By Date An Equal Opportunity/Affirmative Action Employer ENGINEERS & PLANNERS SNYDER & ASSOCIATES IOWAIOWA 1 MISSOURI 1 NEBRASKA 1 SOUTH DAKOTA 1 WISCONSIN Jamie Knutson City of Waterloo 715 Mulberry Street Waterloo, IA 50703-5783 Project INVOICE FOR PROFESSIONAL SERVICES March 13, 2012 Invoice No: 110.0951.01A Waterloo Stormwater Lift Stations - Hollywood Professional Services through February 29, 2012 110.0951.01A- 8 Basic Services Hours Rate Amount Engineer V 5.00 110.00 550.00 Engineer IV .50 98.00 49.00 Total Services 5.50 Billings to Date 599.00 Phase Subtotal $599.00 Total Prior Current 49,767.24 49,168.24 599.00 Construction Services Phase Subtotal 0.00 Billings to Date Snyder & Associates, Inc. Amount Due this Invoice $599.00 Total Prior Current 49,767.24 49,168.24 599.00 /144.—icsa-a, Adam Bullerman / /0 /70r CD86 REMIT TO: SNYDER & ASSOCIATES, INC. 2727 SW SNYDER BLVD. - PO BOX 1159 - ANKENY, IA 50023 (595)_9642020_email: ar@snyder-associates.com Federal_E.I.N. 42-1379015 ENGINEERS & PLANNERS SNYDER & ASSOCIATES IOWA 1 MISSOURI 1 NEBRASKA 1 SOUTH DAKOTA 1 WISCONSIN Jamie Knutson City of Waterloo 715 Mulberry Street Waterloo, IA 50703-5783 Project INVOICE FOR PROFESSIONAL SERVICES March 13, 2012 Invoice No: 110.0951.01B Waterloo Stormwater Lift Stations - Cedar Bend Professional Services through February 29, 2012 110.0951.O1B - 8 Basic Services Engineer V Total Services Billings to Date Hours Rate Amount 4.00 110.00 440.00 4.00 440.00 Phase Subtotal $440.00 Total Prior Current 49,909.56 49,469.56 440.00 Construction Services Phase Subtotal 0.00 Billings to Date Snyder & Associates, Inc. Amount Due this Invoice $440.00 Total Prior Current 49,909.56 49,469.56 440.00 Adam Bullerman d /,;i1 CPE6 REMIT TO: SNYDER & ASSOCIATES, INC. 2727 SW SNYDER BLVD. - PO BOX 1159 - ANKENY, IA 50023 (515) 964-2020 email: ar@snyder-associates.com Federal E.I.N. 42-1379015 ENGINEERS & PLANNERS SNYDER & ASSOCIATES IOWA 1 MISSOURI 1 NEBRASKA 1 SOUTH DAKOTA 1 WISCONSIN Jamie Knutson City of Waterloo 715 Mulberry Street Waterloo, IA 50703-5783 Project INVOICE FOR PROFESSIONAL SERVICES March 13, 2012 Invoice No: 110.0951.O1C-8 110.0951.01C Waterloo Stormwater Lift Stations - Fletcher Avenue Professional Services through February 29, 2012 Basic Services Principal Engineer Engineer V Engineer IV Total Services Billings to Date Hours Rate Amount 4.50 164.00 738.00 4.00 110.00 440.00 4.00 98.00 392.00 12.50 Total Prior 48,099.21 46,529.21 Phase Subtotal Current 1,570.00 1,570.00 $1,570.00 Construction Services Phase Subtotal 0.00 Billings to Date Snyder & Associates, Inc. Amount Due this Invoice $1,570.00 Total Prior 48,099.21 46,529.21 Current 1,570.00 Adam Bullerman (9K 710 �K cpg6 REMIT TO: SNYDER & ASSOCIATES, INC. 2727 SW SNYDER BLVD. - PO BOX 1159 - ANKENY, IA 50023 (515) 964-2020 email: ar@snyder-associates.com Federal E.I.N. 42-1379015 THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE CITY HALL COUNCIL CHAMBERS, 5:30 P.M. MONDAY, MARCH 26, 2012 CITY OF WATERLOO GOALS 1. Support economic development efforts that attract, retain and create quality jobs resulting in a diverse economic base and increased population. 2. Continue to support implementation of the Downtown Master Plan. 3. Facilitate and promote the development of housing options to meet the needs of current and future Waterloo citizens. 4. Develop a customer -centered service delivery approach. 5. Seek additional opportunities to share services and resources with other government entities. 6. Collaborate with statewide elected officials to reduce the burden on local property taxes. 7. Address the changing public workforce needs in Waterloo. 8. Enhance and protect a diverse, family-oriented community where neighborhoods are safe and well maintained. 9. Enhance the quality of place opportunities for the citizens of our community. General Rules for Public Participation 1. Although not required by city code of ordinances, oral presentations may be allowed at the chair/presider's (usually the Mayor or Mayor Pro Tem) discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. A speaker may speakto one (1) issue per meeting for a maximum of three (3) minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 2. At the chair/presider's discretion, you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation (if appropriate) and speak clearly into the microphone. 3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow everyone who wishes to address the council, using the same participation guidelines found in these "general rules". 4. You may speak one (1) time per item for a maximum of three (3) minutes. 5. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 7. Citizens are encouraged to register with the Clerk's Office by 5:00 p. m. on Monday of the day of the City Council meeting to appear before the City Council (may also register by phone). Registered speakers will be given first priority. Roll Call. Moment of Silence. Pledge of Allegiance: Dennis Clark, General Manager Waterloo Water Works. March 26, 2012 Page 2 Agenda, as proposed or amended. Minutes of March 7, 2012, Budget Hearing; March 15, 2012, Special Session; March 19, 2012, Regular Session; as proposed. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) a. Resolution to approve the following: 1. Bills Payment, Schedule AP642, a copy of which is on file in the office of the City Clerk. 2. Request of Paul Wonderly for tax exemptions on improvements totaling $475, 000.00 for property located at 622-628 Ansborough Avenue and located in the Consolidated Urban Revitalization Area. Submitted by Chris Western, Planner 11 3. Request of Ivan Wieland of Screaming Eagle American Bar & Grill, 228 East 4th Street, for a variance to the Noise Ordinance and permission to close a portion of Lafayette Street (between 4th & 5th Streets) starting Thursday, April 5, 2012 and each Thursday through October 2012 from 5:00 p.m. to 11:00 p.m. in conjunction with Bike Night event, including a band and the use of a PA system, together with recommendation of approval of Director of Safety Services. 4. Request of Deacon Michael E. Lien of New Living Hope Apostolic Church, 2109 Falls Avenue, for a variance to the Noise Ordinance on April 7, 2012 from 3:00 p.m. to 7:00 p.m. in conjunction with Church Convention 3 year Anniversary event to be held at 2109 Falls Avenue, including a band and the use of a PA system, together with recommendation of approval of Director of Safety Services. b. Motion to approve the following: 1. Travel Requests Name & Title of Personnel Class/ Meeting Destination Date(s) Amount not to Exceed Rehl-Mason City PD, Anderson - Clear Lake PD LEIN Criminal Intelligence Course Johnston, Iowa April 2- 13, 2012 $1, 600.00 March 26, 2012 2. 3. 4. 5. 6. Page 3 Capt. Pillack, Sgt. Feaker, Investigator Saunders, Todd Wilson, Inv. Berry, Officer Roberts, Bellis - CFPD Multi -State Conference Dubuque, Iowa May 2-4, 2012 $2,231.36 Sgt. Fangman, Officer's Savage, Frein, Roberts, Muhlenbruch, Watson, Sadd, Ladage (CFPD), and Jeager (UNI) Midwest Gang Wisconsin Dells, Wisconsin May 20- 23, 2012 $5,356.00 Officer's Hundley, Jurgenson, and Wilson Advanced Vehicle Contraband and Concealment Johnston, Iowa April 5- 6, 2012 $180.00 Pat Treloar, Fire Chief IA Assoc of Professional Chiefs Spring Conference Ames, Iowa April 10- 11, 2012 $175.00 Officer Walter & Bovy Police Motorcycle Training Moline, Illinois April 14- 16, 2012 $676.00 7. Recommendation of appointment of Benjamin Wagner to the position of Draftsperson, effective March 27, 2012 -Submitted by Eric Thorson, P.E., City Engineer Class C Beer License Permit Application 8. Cork's Grocery, 1956 Lafayette Street (Renewal) (Expires 4/30/ 13) (Includes Sunday Sales) 9. New Star Liquor, 1309 Lafayette Street (Renewal) (Expires 4/ 15/ 13) (Includes Sunday Sales) 10. Sycamore Convenience, 617-619 Sycamore Street (Renewal) (Expires 3/ 11/ 13) (Includes Sunday Sales) Class E Liquor License Permit Application 11. New Star Liquor, 1309 Lafayette Street (Renewal) (Expires 4/ 15/ 13) (Includes Sunday Sales) 12. Sycamore Convenience, 617-619 Sycamore Street (Renewal) (Expires 3/ 11/ 13) (Includes Sunday Sales) March 26, 2012 Page 4 Class B Wine License Permit Application 13. New Star Liquor, 1309 Lafayette Street (Renewal) (Expires 4/ 15/ 13) (Includes Sunday Sales) 14. Sycamore Convenience, 617-619 Sycamore Street (Renewal) (Expires 3/ 11/ 13) (Includes Sunday Sales) Cigarette Permit Application 15. Demi's Blue Martini Lounge, 728 Commercial Street 16. Bonds PUBLIC HEARINGS 2. Request of Mobile Money Inc. for the vacation, sale and conveyance of approximately 14.5 foot by 300 foot portion of West 9th Street located between Jefferson Street and Bluff Street, with the portion located between Bluff Street and the alley located in Block 44 of the Original Plat of Waterloo West to be convert. ed to Mobile Money Inc. for $750.48 and the portion located between the alley located in Block 44 of the Original Plat of Waterloo West and Jefferson Street to be retained by the City of Waterloo, subject to a condition that Mobile Money Inc. remove the sidewalk located within the area to be vacated and subject to city's retention of a permanent utility easement over, under and upon all. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of Planning, Programming and Zoning Commission and. Motion to receive, file, consider and pass for the first time an Ordinance vacating approximately 14.5 foot by 300 foot portion of West 9th Street located between Jefferson Street and Bluff Street, with the portion located between Bluff Street and the alley located in Block 44 of the Original Plat of Waterloo West to be conveyed to Mobile Money Inc. for $750.48 and the portion located between the alley located in Block 44 of the Original Plat of Waterloo West and Jefferson Street to be retained by the City of Waterloo, subject to a condition that Mobile Money Inc. remove the sidewalk located within the area to be vacated and subject to city's retention of a permanent utility easement over under and upon all. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt ordinance. Resolution authorizing said sale and conveyance, and authorize City Attorney to prepare and deliver deed accordingly. Submitted by Noe/Anderson, Community Planning & Development Director March 26, 2012 Page 5 3. Rezone from approximately 0.34 acres from "C -P" Planned Commercial District to "R -4,R -P" Planned Residence District, property located at 820 Sycamore Street for construction of a multi -family housing development. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of Planning, Programming and Zoning Commission. Motion to receive, file, consider and pass for the first time an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, Rezoning Certain Property. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt ordinance. Submitted by Noel Anderson, Community Planning & Development Director 4. Rezone approximately 1,710 square feet from "R-4" Multiple Residence District to "C-1" Neighborhood Commercial District, property located north of 1019 South Street to legalize an existing parking area for the adjacent Kwik Star store. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of Planning, Programming and Zoning Commission. Motion to receive, file, consider and pass for the first time an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, Rezoning Certain Property. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt ordinance. Submitted by Noel Anderson, Community Planning & Development Director March 26, 2012 Page 6 5. Request by Kwik Trip, Inc. to rezone approximately 8,277.5 square feet from "R-4" Multiple Residence District to "C-1" Neighborhood Commercial District, property located at 519 W 8th Street, 1009 South Street, and 1017 South Street for construction of additional parking for the adjacent Kwik Star store. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of Planning, Programming and Zoning Commission. Motion to receive, file, consider and pass for the first time an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, Rezoning Certain Property. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt ordinance. Submitted by Noel Anderson, Community Planning & Development Director 6. Request of Hy -Vee, Inc. to rezone approximately 1.26 acres from "R-1" One and Two Family Residence District to "C-2" Commercial District, property located at 3700 University Avenue to legalize an existing mini -storage business. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of Planning, Programming and Zoning Commission. Motion to receive, file, consider and pass for the first time an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, Rezoning Certain Property. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt ordinance. Submitted by Noel Anderson, Community Planning & Development Director March 26, 2012 Page 7 7. Request of Dolly James, LLC for a site plan amendment to the "R -4,R -P" Planned Residence District, property generally located within the area bounded by the Cedar River and Sycamore Street between the Union Pacific Railroad and East 8th Street to allow for the construction of a multi family housing development Motion -to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of Planning, Programming and Zoning Commission. Motion to receive, file, consider and pass for the first time an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, Approving a Site Plan Amendment on Certain Property. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt ordinance. Submitted by Noel Anderson, Community Planning & Development Director 8. Request of Kwik Trip, Inc. for the vacation, sale and conveyance of city - owned property _generally located in an alley located within Block 7 of Does Addition subject to the retention of a utility easement over, under and upon the area to be vacated, and subject to the applicant constructing driveways off of South Street for 1009 South Street and 1017 South Street to allow for construction of additional parking for the adjacent Kwik Star store at a cost of $6,000.00 Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of Planning, Programming and Zoning Commission. Motion to receive, file, consider and pass for the first time an Ordinance vacating an alley located within Block 7 of Does Addition subject to the retention of a utility easement over, under and upon the area to be vacated, and subject to the applicant constructing driveways off of South Street for 1009 South Street and 1017 South Street. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt ordinance. Resolution authorizing said sale and conveyance, and authorize City Attorney to prepare and deliver deed accordingly. Submitted by Noel Anderson, Community Planning & Development Director March 26, 2012 Page 8 9. Request of Dolly James, LLC to vacate any and all easement located within the area generally located within the area bounded by the Cedar River and Sycamore Street between the Union Pacific Railroad and East 8th Street to allow for the construction of a multi family housing development Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of Planning, Programming and Zoning Commission. Motion to receive, file, consider and pass for the first time an Ordinance vacating any and all easement located within the area generally located within the area bounded by the Cedar River and Sycamore Street between the Union Pacific Railroad and East 8th Street. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt ordinance. Resolution authorizing said sale and conveyance, and authorize City Attorney to prepare and deliver deed accordingly. Submitted by Noel Anderson, Community Planning & Development Director RESOLUTIONS 10. Resolution approving agreement with Silver Eagle Harley-Davidson/Buell to lease two Harley Davidson motorcycles at a cost of $125.00 per month per motorcycle for one year, plus routine maintenance; and authorize Mayor to execute said document. Submitted by Dan Trelka, Director of Safety Services 11. Resolution approving submission of Black Hawk County Gaming Association grant application in the amount of $50,000.00 to be used for Cedar Valley SportsPlex marketing program; and authorize Mayor to execute said document. Submitted by Mark Gallagher, Sports Manager 12. Resolution approving Contracts, Bonds and Certificates of Insurance in the amount of $51,956.00 with B & B Builders & Supply of Waterloo, Iowa in conjunction with 2012 Sullivan Park Shelter Project; and authorize Mayor and City Clerk to execute said documents. Submitted by Rick Curran, Leisure Services Facilities Manager March 26, 2012 Page 9 13. Resolution approving Contracts, Bonds and Certificates of Insurance in the amount of $89,075.00 with Aspro, Inc. of Waterloo, Iowa in conjunction with 2012 Highland Park Basketball & Tennis Court Project; and authorize Mayor and City Clerk to execute said documents. Submitted by Rick Curran, Leisure Services Facilities Manager 14. Resolution approving a lease agreement with Janet Kendall -Post to lease city owned property located on Riverside Drive just west of 903 Riverside Drive for $1.00 per year; and authorize Mayor and City Clerk to execute said document. Submitted by Aric Schroeder, City Planner 15. Resolution approving a lease agreement with George A. Ryan and Loretta R. Ryan to lease city owned property located on Riverside Drive just east of 727 Riverside Drive for $1.00 per year; and authorize Mayor and City Clerk to execute said document. Submitted by Aric Schroeder, City Planner 16. Resolution approving a lease agreement with Dariyne Yagla to lease city owned property located on Riverside Drive just south of 509 Riverside Drive for $1.00 per year; and authorize Mayor and City Clerk to execute said document. Submitted by Aric Schroeder, City Planner 17. Resolution approving request of Dolly James, LLC to dedicate the necessary easements within an area bounded by the Cedar River, Sycamore Street, East 8th Street, and the railroad tracks to allow for the construction of a multi family housing development. Submitted by Aric Schroeder, City Planner 18. Resolution resetting date of hearing and bid opening on the F.Y. 2012 Street Reconstruction Program, Contract No. 819 as April 9, 2012 and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. Submitted by Dennis Gentz, P.E., Assistant City Engineer 19. Resolution approving amendment to Development Agreement with Dolly James LLC to add wording for a grant payment in the amount of $14,528.99; and authorize Mayor and City Clerk to execute said document. Submitted by Noel Anderson, Community Planning & Development Director March 26, 2012 Page 10 20. Resolution approving Real Estate Sale Contract with Jerry Makedonski for the acquisition of 1823 Black Hawk Street in the amount of $55,000.00 with up to $10,000.00 in city environmental and closing costs; and authorize Mayor and City Clerk to execute said document. Submitted by Noel Anderson, Community Planning & Development Director 21. Resolution approving First amendment to Land Lease Agreement with Fidelity Towers to lease a cell tower at C.A. Morris Park; and authorize Mayor and City Clerk to execute said document. Submitted by Noel Anderson, Community Planning & Development Director 22. Resolution approving Memorandum of Lease with Fidelity Towers to lease a cell tower at C.A. Morris Park; and authorize Mayor and City Clerk to execute said document. Submitted by Noel Anderson, Community Planning & Development Director 23. Resolution approving Development Agreement with C. Doyle Properties LLC for property located at 216-218 East 4th Street to place a minimum assessment amount on property for 5 years at $206,260.00; and authorize Mayor and City Clerk to execute said document. Submitted by Noel Anderson, Community Planning & Development Director 24. Resolution approving an agreement with Sycam Orr LLC for property located at 616-622 Sycamore Street to allow for a skywalk connection between private building and city parking ramp; and authorize Mayor and City Clerk to execute said document. Submitted by Noel Anderson, Community Planning & Development Director 25. Resolution approving Early Access Agreement with Northeast Iowa Food Bank, Inc., to allow for work to begin on their new facility in Rath area prior to closing on the property; and authorize Mayor and City Clerk to execute said document. Submitted by Noel Anderson, Community Planning & Development Director 26. Motion approving Change Order No. 1 for a net increase of $28,495.00 to add 910 West Shaulis Road and 218 West Mullan Avenue for work performed by Lehman Trucking & Excavating Inc. of Waterloo, Iowa in conjunction with Demolition and Site Clearance Services (no regulated asbestos -containing materials); and authorize Mayor and City Clerk to execute said documents. Submitted by Noel Anderson, Community Planning & Development Director 27. Resolution approving City of Waterloo Driveway and Sidewalk Specifications for use by contractors and property owners starting with the 2012 construction season. Submitted by Wayne Castle, PLS, El, Associate Engineer March 26, 2012 ORDINANCES Page 11 28. Snow and Ice Removal (Clarifying Property Owners Responsibility) Motion to receive, file, consider and pass for the first time an Ordinance amending the 7-1-2B Snow and Ice Removal Motion suspending the rules. Motion to consider and pass for the second and third time and adopt ordinance. Submitted by Larry Smith, Waste Management Services Superintendent OTHER COUNCIL BUSINESS 29. Resolution setting date of hearing as April 9, 2012 to approve a request by Invision Architecture on behalf of the Waterloo Community School District to rezone 20.56 acres from "A-1" Agricultural District to "R-1" One and Two Family Residence District, property located at the northeast corner of Kimball Avenue and East Orange Road in connection with the new Orange Elementary School, generally located at the northeast corner of Kimball Avenue and East Orange Road; and instruct City Clerk to publish notice. Submitted by Noel Anderson, Community Planning & Development Director 30. Resolution setting date of hearing as April 9, 2012 to approve the vacation of a portion of West 2nd Street located between Jefferson Street and Washington Street, a portion of Washington Street from West 3rd Street to West 2nd Street, and a portion of the public alleys located in Block 13 and Block 14 of Original Plat of Waterloo West, to allow for the development of a new 130,000 square foot recreational and athletic indoor sports facility (Cedar Valley Sportsplex); and instruct City Clerk to publish notice. Submitted by Noel Anderson, Community Planning & Development Director 31. Resolution setting date of hearing as April 9, 2012 to approve request by Waterloo Development Corporation and the City of Waterloo to rezone the area bonded by Jefferson Street, West 1st Street, West 3rd Street and Washington Street from "M-1" Light Industrial District to "C-3" Central Business District, to allow for the development of a new 130,000 square foot recreational and athletic indoor sports facility (Cedar Valley Sportsplex); and instruct City Clerk to publish notice. Submitted by Noe/Anderson, Community Planning & Development Director March 26, 2012 Page 12 32. Request for Proposal for Demolition and Site Clearance Services (no regulated asbestos -containing materials) for 820 and 910 Sycamore Streets, 1518 West 4th Street Motion to instruct Community Planning & Development Director to prepare plans, specifications, form of contract, etc. Motion to receive and file plans, specifications, form of contract, etc. Resolution preliminarily approving plans, specifications, form of contract, etc. Resolution setting date of hearing and bid opening as April 9, 2012; and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. Submitted by Noe/Anderson, Community Planning & Development Director ORAL PRESENTATIONS Motion to receive and file oral comments. ADJOURNMENT Motion to adjourn. Suzy Schares City Clerk MEETINGS Monday, March 26, 2012 4:15 p.m. - Council Work Sessions, Council Chambers 5:00 p.m. - Finance Committee, Council Chambers PUBLIC INFORMATION 1. Waterloo Public Library Board of Trustees meeting minutes of February 13, 2012 on file in the City Clerk's office. 2. Community Development Board meeting minutes of February 21, 2012 and Public Hearing for Citizen Input for FY2013 CDBG and HOME Program meeting minutes of February 21, 2012 on file in the City Clerk's office. March 26, 2012 Page 13 CONTRACT PAYMENT SCHEDULE 1. Waterloo Dam Rehabilitation and Riverwall Reconstruction, Contract No. 713 Pay estimate No. 34 to AECOM in the total amount due of $2,387.97 2. Commercial St Extension & River Road Relocation & Storm Water Pump Station, Contract No. 720 Pay estimate No. 33 to Cedar Valley Corp in the total amount due of $27,772.34 3. F. Y. 2010 Cedar River Water Trail, Contract No. 734 Pay estimate No. 12 to AECOM in the total amount due of $3,360.00 4. F. Y. 2010 Cedar River Water Trail (Portages), Contract No. 734 Pay estimate No. 30 to Vieth Construction in the total amount due of $82, 907.69 5. F. Y. 2011 Downtown Way finding Signage, Contract No. 783 Pay estimate No. 11 to JDE in the total amount due of $425.00 6. F. Y. 2011 Downtown Way finding Signaqe, Contract No. 783 Pay estimate No. 11 to JDE in the total amount due of $425.00 7. F. Y. 2011 Cattle Congress Storm Water Pump Station, Contract No. 801 Pay estimate No. 3 to JDE Engineering in the total amount due of $6,212.50 8. F. Y. 2011 Lou Henru Hoover Sculpture Garden, Contract No. 803 Pay estimate No. 4 to Craig Ritland Landscape Architects in the total amount due of $7,682.50 9. Waterloo Stormwater Lift Stations at Blowers Creek and Dru Run Creek Payment to AECOM in the total amount due of $4, 867.89 10. Delane Avenue Detention Area & Preliminaru Plan Development Payment to JDE Engineering in the total amount due of $15,200.00 11. Waterloo Stormwater Lift Stations at Cedar Bend, Hollywood and Fletcher Avenue Pay estimate No. 8 to Snyder & Associates in the total amount due of $2, 609.00 CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: March 13, 2012 MayorPrepared: March 6, 2012 BUCK Dept. Head Signature: CLARK # of Attachments: COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 SUBJECT: Resolution setting date of hearing as March 26, 2012 to approve request of Mobile Money Inc. to vacate, sell and convey an approximate 14.5 foot by 300 foot portion of West 9th Street located between Jefferson Street and Bluff Street, with the portion located between Bluff Street and the alley located in Block 44 of the Original Plat of Waterloo West to be conveyed to Mobile Money Inc. for $750.48 and the portion located between the alley located in Block 44 of the Original Plat of Waterloo West and Jefferson Street to be retained by the City of Waterloo, subject to a condition that Mobile Money Inc. remove the sidewalk located within the area to be vacated and subject to any necessary utility easements; and instruct City Clerk to publish notice. Submitted by: Noel Anderson, Community Planning and Development Director Recommended City Council Action: That the City Council set a date of public hearing and publish an official notice pertinent to the request to vacate, sell and convey, and have the Mayor and City Clerk execute the same. Summary Statement: Staff feels that the request to vacate the 14.5' x 300' portion of city of right- of-way would not appear to be a negative impact. The applicant intends to build a small addition and wants to expand their outdoors storage area. There is a 6' x10' vault that was discovered in the area to be vacated. Staff is in contact with Mid -American Energy to determine whether an easement will need to be retained for the vault or can it be abandoned. BOB The entire portion of right-of-way along the east side of 9th Street between Bluff and Jefferson GREENWOODStreets will be vacated, with only a 14.5' x 140' portion of abutting the applicants existing property At -Large to be conveyed to them. The remainder from the alley to Jefferson Street will be retained by the city for potential redevelopment with adjacent vacant lot. STEVE SCHMITT At -Large At the March 6, Planning and Zoning Commission meeting, the request to vacate was unanimously approved by the commission with staff recommendations. Expenditure Required: N/A Source of Funds: N/A Policy Issue: Un -needed excess right-of-way Alternative: N/A Background Information: N/A cc: Noel Anderson, Community Planning & Development Director CITY WEBSITE: www.ci.waterloola.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer REQUEST: APPLICANT(S): GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: BUFFERS REQUIRED/ NEEDED: DRAINAGE: DEVELOPMENT HISTORY: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, Vacate -Alley -Mobile Money Page 1 of 3 March 6, 2012 Request by Mobile Money to vacate a 14.5' x 300' portion of W 9th Street right-of-way between Bluff Street Jefferson Street for the purposes of adding additional land for outside storage. Mobile Money, 1115 Bluff Street, Waterloo, Iowa, 50702 Request to vacate the 14.5' x 300' SF portion of city right-of- way bounded by Bluff Jefferson Streets for the purpose of expanding there outside storage area and a small addition. The request to vacate the 14.5' x 300' portion of city right-of- way and sidewalk would not appear to have a negative impact on the surrounding neighborhood The request to vacate the 14.5' x 300' portion of right-of-way would not appear to have a negative impact on vehicular or pedestrian traffic as there is excessive right-of-way, and a sidewalk will not need to be maintained or the other side of W 9th Street. There is the Cedar River Loop bike trail that runs along the levee approximately 2 blocks to the north. There is the bike trail that runs along Highway 21.8 just to the South of Bluff Street and the Railroad tracks. The site has been zoned "M-1" Light Industrial District since adoption of Zoning Ordinance No. 2479 in 1969. The request may require buffering or screening requirements due to be being located in the Highway 218 Corridor Overlay District Screening requirements if any will be determined by the Highway 218 Design Review Board. The proposed vacate of the City right-of-way would not have an adverse impact on drainage in the area. The area consists primarily of industrial uses. This area is not located within a special flood hazard area according to the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map. There are no schools located near the site in question. No utilities are known to be within the are requested to be vacated. An underground Valult was found with ind the area to STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: Vacate -Alley -Mobile Money Page 2 of 3 March 6, 2012 be vacated, but it is not known who constructed the vault. There no utilities located within the vault, however, a utility easement may need to be retained if it is determined that the vault is used by a utility company. The Future Land Use Map designates the area as Industrial, and this request would be in compliance with such designation. The site is located within the Primary Growth Area as designated on the Growth Area Map within the Comprehensive Plan. Staff feels that the request to vacate the 14.5' x 300' portion of city of right-of-way would not appear to be a negative impact. The applicant intends to build a small addition and wants to expand their outdoors storage area. The entire portion of 9t" Street between Bluff Street and Jefferson Street will be vacated, with only the portion of abutting the applicants existing property to be conveyed to them. The remainder will be retained by the city for potential redevelopment with adjacent vacant lot. There would be no platting required in relation to the request. Therefore, staff recommends the request to vacate portion of right-of-way along W. 9th Street between Bluff street and Jefferson Street be approved for the following reasons: 1. The request to vacate would not appear to have a negative impact on the surrounding area 2. The request to vacate would not appear to have a negative impact on vehicular or pedestrian traffic in the area. 3. The request to vacate is in accordance with the Comprehensive Plan and Future Land Use Map for this area 4. The request would appear to meet the requirements of the Zoning Ordinance. 5. The request to vacate will allow an existing business to continue its operations in an efficient manner in the City of Waterloo. Subject to: 1. That an easement is retained over the existing vault if deemed necessary. Request to Vacate a portion of W 9th Street right-of-way between Jefferson Street and Bluff Street for the purpose of adding additional land to the applicants property Fence and Parking area to be expanded Aim C k" Jac k -e �v���l� ��b --e y TVi e W>_Q. oiJ e ✓ -L.-Q Kirk D. Eschliman, P.L.S. Iowa Lic. No. 9961, 819 Sycamore Street, Waterloo, Iowa 50703-4729 - Phone: 3T9-234-0509 Gt to o Lo(ALl- Kor�/1c—e. Gl SURVEY ti4 Rs-P•.� \� \Nl 1,562 Isc°0 of 'S. )1/4y(12- Fv'"�p QMo-ggF,7-5tA8 0 • h 02 CIC w4b6i `1k 0`s t)2 st10.1 )_ • •I �6' c§0 43 O sitocsf?,°33 450oto ciito- 0s 9. f` yo( - .' 56 1..( . (- � SO \ LEGAL DESCRIPTION: A SURVEY OF WEST NINTH STREET A PLATTED BO FT. PUBLIC RIGHT OF WAY IN ORIGINAL PLAT WATERLOO WEST OF THE CEDAR RIVER, IN THE SOUTHWEST 1/4 SECTION 25, TOWNSHIP 89 NORTH, RANGE 13 WEST, CITY OF WATERLOO, BLACK HAWK COUNTY, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHWESTERLY CORNER OF LOT 6 IN SAID BLOCK 44; THENCE PARRALELLE 114TH THE WESTERLY UNE OF SAID LOT 5, N28'13'371W, 14.50 FEET; THENCE N62'04'311, 140.01 FEET TO THE EXTANDED WESTERLY RIGHT OF WAY UNE OF A PLATTED 20 FL PUBLIC ALLEY; THENCE S28'13'32"E 14.50 FEET ALONG SAID EXTENDED UNE, TO THE NORTHEASTERLY CORNER OF SAID LOT 6; THENCE S62'04'31"W 140.01 FEET ALONG THE NORTHERLY UNE OF LOT 6 IN SAID BLOCK 44. ALSO BEING THE SOUTHERLY RIGHT OF WAY UNE OF WEST NINTH STREET, TO THE PONT OF BEGINNING, CONTAINING 2030.0 50. FT, OR 0.04.6 ACRES GRAPHIC SCALE "*"DENOTES ASSUMED BEARING THIS PLAT OR SUBDIVISION HAS BEEN 40 80 '6„ DENOTES MONUMENT FOUND REVIEWED BY CITY OF WATERLOO. "O" DENOTES MONUMENT SET 0.00' DENOTES RECORD DIMENSION (0.00) DENOTES FIELD DIMENSION CITY PLANNER OR DESIGNEE DATE 1 Inch = 40 Ft. I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED BY ME OR UNDER MY DIRECT PERSONAL SUPERVISION AND THAT 1 AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA. DATE: KIRK D. ESCHLIMAN, P.L.S. IOWA LIC. NO. 9961 MY LICENSE RENEWAL DATE IS DECEMBER 31, 2013 PAGES OR SHEETS COVERED BY THIS SIGNATURE & SEAL SHEET 1 OF 1 Kirk D. */Esc hliman,*i 9961 i t01lA „ CURRENT OWNER: MOBILE MONEY, INC. PER BLAK HAWK COUNTY RECORDER'S OFFICE: DOC. NO. 2005-011382 FOR: MOBILE MONEY, INC. 1115 BLUFF STREET WATERLOO, IOWA 50702 REO. BY: DARYL POLLOCK WATERLOO, IOWA KESS & ASSOCIATES, INC. 819 SYCAMORE ST., WATERLOO, IOWA 50703-4729 PHONE: (319) 234-0509 DATE OF FIELD WORK: MARCH 08, 2011 DWG. DATE: 02/15/12 DRAWN BY: CJ'/KDE CADD FILE: 12A14BS1-W9TH.DWG PROJECT NO.: 12A14# 1- Kirk WOJ(/ t/Ly i VlCl�k6 v kph UGICU` bC1l'11` 1"/I C�Gt kAy cocku c -e Ctre t-t:t;1-ed2 toy C-1-1( I-1( aJ- X22 (,k ,k f a_ 1 D. Eschlimon, P.L.S. lowo Lic. No. 9961, 819 Sycamore Street, Waterloo, Iowa 50703-4729 - Phone: 319-234-0509 PLAT OF SU VEY I jolt R 41'Q' o. on „0:0°c;,pck,04 �� . ogrCtS v I lf�l�1 row 60. 44, LEGAL DESCRIPTION A SURVEY OF WEST NINTH STREET A PLATTED 80 FT. PUBUC RIGHT OF WAY IN ORIGINAL PLAT WATERLOO WEST OF THE CEDAR RIVER, IN THE SOUTHWEST 1/4 SECTION 25, TOWNSHIP 89 NORTH, RANGE 13 WEST, CITY OF WATERLOO, BLACK HAWK COUNTY, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHWESTERLY CORNER OF LOT 5 IN SAID BLOCK 44; THENCE PARRALELLE WITH THE WESTERLY UNE OF SAID LOT 5, N2813'32"W, 14.50 FEL I; THENCE N62'04'311, 140.05 1ttl TO THE EXTANDED WESTERLY RIGHT OF WAY UNE OF A JEFFERSON STREET; THENCE 52811'381 14.50 FEET ALONG SAID EXTENDED UNE, TO THE NORTHEASTERLY CORNER OF SAID LOT 5; THENCE S62'04'31'W 140.05 FEET ALONG THE NORTHERLY UNE OF LOT 5 IN SAID BLOCK 44, ALSO BEING THE SOUTHERLY RIGHT OF WAY LINE OF WEST NINTH STREET, TO THE POINT OF BEGINNING, CONTAINING 2045.2 SO. FT., OR 0.047 ACRES GRAPHIC SCALP. 40 1 Inch = 40 Ft. 80 "4" DENOTES ASSUMED BEARING "0" DENOTES MONUMENT FOUND REVIEWED BY CITY OF WATERLOO. "O" DENOTES MONUMENT SET 0.00' DENOTES RECORD DIMENSION _ __ (0.00') DENOTES FIELD DIMENSION CITY PLANNER OR DESIGNEE DATE_ THIS PLAT OR SUBDIVISION HAS BEEN f 1 HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED BY ME OR UNDER MY DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA. DATE. KIRK D. ESCHLIMAN, P.L.S. IOWA UC. NO. 9961 MY LICENSE RENEWAL DATE IS DECEMBER 31, 2013 PAGES OR SHEETS COVERED BY THIS SIGNATURE & SEAL SHEET 1 OF 1 *jEschliman * 9961 [01rA THIS PLAT IS NOT cRRTSFIED UNLESS AN EMBOSSED SEAL 5 AFFIXED HEREON KESS & ASSOCIATES, INC. 819 SYCAMORE ST., WATERLOO, IOWA 50703-4729 PHONE: (319) 234-0509 CURRENT OWNER: MOBILE MONEY, INC. PER BLAK HAWK COUNTY RECORDER'S OFFICE: DOC. NO. 2005-011382 FOR: MOBILE MONEY, INC. 1115 BLUFF STREET WATERLOO, IOWA 50702 REQ. BY: DARYL POLLOCK WATERLOO, IOWA DATE OF FIELD WORK: MARCH 08, 2011 DWG. DATE: 02/15/12 DRAWN BY: CJP/KDE CADD FILE 12A14BS1-W9TH.DWG PROJECT NO.: 12A14 Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: March 12, 2012 Prepared: March 7, 2012 Dept. Head Signature: , -t- # of Attachments: SUBJECT: Request to set the date of public hearing as March 26, 2012 for a request by the City of Waterloo to rezone 0.34 acres located at 820 Sycamore Street, from "C -P" Planned Commercial District to "R-4, R -P" Planned Multiple Residence District, to allow for the construction of a multi -family housing development. Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: Approval. Summary Statement: Transmitted herewith is a request by The City of Waterloo to rezone the former commercial property that it owns at 820 Sycamore Street from "C -P" Planned Commercial District to "R-4, R -P" Planned Multiple Residence district, which would allow for a developer to construct six 12 -unit condos on the property and adjoining property. The City is proposing to rezone this property from "C -P" Planned Commercial District to "R-4, R -P" Planned Multiple Family Residence District, to allow for a developer to construct a new multi -family housing development, which would encompass this property, and the adjacent property. The City of Waterloo owns the property in question, as well as the adjacent property, and it has been available for development in the past. The City did have an agreement with another developer to develop both this property and the adjacent property into housing and neighborhood commercial uses, but that plan fell through. A new developer has approached the City about developing both this parcel and the adjacent parcel into six 12-plex housing units. Therefore, rezoning this piece of land from "C -P", Planned Commercial District to match the rest of the adjacent property, which is zoned for multi -family housing, would appear to make sense. Expenditure Required: None Source of Funds: None required Policy Issue: Land Use and Economic Development CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Alternative: Background Information: The City of Waterloo has owned this property for several years now, and has been looking for a developer to develop this property. Legal Description: See attached Exhibit "A". AS:sg cc: Noel Anderson, Community Planning & Development Director. --file-- 02804 BOOK -P. CCD u RgE997 / Fdi,kvIL A FOR THE LEGAL EFFECT OF THE USE OF THIS FORM, CONSULT YOUR LAWYER Filed for record, indexed and delivered to the County Auditor this 16 th day of CL APR 2002, at 4:00 o'clock P.M. and REAL ESTATE TRANSFER INDEX recorded in Book 682 of CITY IOT Deeds TAXPAID fgV��[AF��jC�{ipl+djJ.j on Pay . 997 3, T Pit COMPARE . • j "' " Recorder g Rec. 1-5.00/ Aud. 5.001 Fees Paid PATs- CORDSSASS CORD A WATERLOO PLANNING AND ZONING REFUND 18.00 (p�jViBLACKHAWK Prepared by Sang -Ki Han, Assistant City Attorney, 715 Mulberry, Waterloo, IA, 50703, telephone DA COUNTY number (319) 291-4327 TAX STATEMENT: City of Waterloo, N/A SPACE ABOVE THIS LINE FOR RECORDER WARRANTY DEED For the consideration of ($140,000.00) One Hundred Forty Thousand and no/100 Dollar(s) and other valuable consideration, plus costs Daniel P. Redding, a single person does hereby convey to CITY OF WATERLOO, IOWA the following -described real estate in Black Hawk County, Iowa: Lots Nos. One (1) and Four (4), except the Northwesterly twenty-three and one-half (231/2) feet thereof, in Block No. One (1), in the Original Plat, on the East Side of the Cedar River, in the City of Waterloo, Black Hawk County, Iowa, subject to the right-of-way conveyed to the Chicago Great Western Railway Company, by deed recorded in Book 44 of Town Lot Deeds, Page 587, of the records of said County. ` STATE OF IOWA :z3 BLACK HAWK CC&. Entered for taxa5ort tl-! s /6 d'" —'f :a ' �{: a., } Car. �Oo Z I�-,..Ailditor .� This transaction exempt from Documentary Stamp and Declaration of Value per Iowa Code §428A.2(6) (2001). The grantors do hereby covenant with grantee, and successors in interest, that grantors hold the real estate by title in fee simple; that they have good and lawful authority to sell and convey the real estate; that the real estate is free and clear of all liens and encumbrances, except as may be above stated; and grantors covenant to Warrant and Defend the real estate against the lawful claims of all persons, except as may be above stated. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the described premises. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. Dated: April 9, 2002 4/�L f1 • ea---e/-.X7 "s' aniel P. Redding, a single person STATE OF IOWA, BLACK HAWK COUNTY, ss: On this 9th day of April, 2002, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Daniel P. Redding, to me known to be the identical person named in and who executed the foregoing and acknowledged that he executed the same as his voluntary act and deed. / ,'i 7 RECEIVED "' ••';:::::. "'r•, . BLACK HAWK COUNTY ASSESSOR , r r, '1 Notary Public in and for the State of Iowa . 1o _ BOOK -P. CCD u RgE997 / Fdi,kvIL A Request To Rezone 0.34 Acres from C -P Planned Commercial District to R -4,R -P Planned Multiple Residence District, for the purpose of constructing 6, 12 -unit condo buildings REQUEST: APPLICANT: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USES: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: DEVELOPMENT HISTORY: BUFFERS/ SCREENING REQUIRED: DRAINAGE: FLOODPLAIN INFORMATION: PUBLIC/OPEN March 6, 2012 TO REZONE 0.34 ACRES FROM "C -P" PLANNED COMMERCIAL DISTRICT TO "R-4, R -P" PLANNED MULTIPLE RESIDENCE DISTRICT, TO ALLOW FOR THE CONSTRUCTION OF A MULTI -FAMILY HOUSING DEVELOPMENT. City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703. The City of Waterloo is proposing to rezone the former commercial property that it owns to "R-4, R -P" Planned Multiple Residence district, which would allow for a developer to construct six 12 -unit condos on the property and adjoining property. The request to rezone the property would not have a negative effect on the area, as the surrounding property is already zoned "R-4, R- P", and this property would be included in the development of that adjacent property. The surrounding area has a mix of homes and commercial businesses, as it is located adjacent to the Central Business District. The rezone request itself wouldn't have an impact on traffic, however the proposed use (multi -family housing) would appear to cause an increase in traffic in the area. Sycamore Street is classified as a Collector Street on the Street Classification Map, and based on the surrounding street network, the area would appear to adequately support a development such as this. There is currently a sidewalk adjacent to this property, and it would remain after the development of the housing units. The Downtown River Loop Trail is located along the Cedar River is located directly to the south. The property in question are zoned "C -P" Planned Commercial District, and have been zoned as such since 04/17/06. Previously, the property was zoned "C-3" Central Business District. Properties to the north and west are zoned "C-3" Central Business District, while properties to the east are zoned "C-2" Commercial District, and the property to the south is zoned "R-4, R -P" Planned Multiple Residence District. The building on the property was constructed in 1920, and will be demolished to make room for the proposed housing development. There would not be any screening requirements for this development, although landscaping will be required per the Zoning Ordinance. There are no known drainage problems for the site. The property is located within Zone X — Protected by Levee as indicated by the Flood Insurance Rate Map No. 190025 301F and 302F. 03-06-12 Sycamore St Condos Rezone C -P to R-4, R-P.doc Page 1 of 2 SPACES/SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC: RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: March 6, 2012 The Cedar River is located adjacent to the south, as well as the Cedar River Recreational Trail. There is a 10" sanitary sewer line located within Sycamore Street, as well as a 12" water line. There is also a 15" storm sewer within Sycamore Street, which starts as the intersection of W 7th Street, and goes southeast. The Future Land Use Map (February 3, 2003) designates this site as Semi -Public, Utilities, and Hospitals. The rezone would allow for a new multi -family housing development. Although the rezone request would not appear to be compatible with the designation of the site, the request would be in conformance with the goals and policies of the Comprehensive Plan, including the policy to continue to support infill development in the community as an alternative to other types of urban expansion. The site is located within the Primary Growth Area. The City is proposing to rezone this property from "C -P" Planned Commercial District to "R-4, R -P" Planned Multiple Family Residence District, to allow for a developer to construct a new multi- family housing development, which would encompass this property, and the adjacent property. The City of Waterloo owns the property in question, as well as the adjacent property, and it has been available for development in the past. The City did have an agreement with another developer to develop both this property and the adjacent property into housing and neighborhood commercial uses, but that plan fell through. A new developer has approached the City about developing both this parcel and the adjacent parcel into six 12-plex housing units. Therefore, rezoning this piece of land from "C -P", Planned Commercial District to match the rest of the adjacent property, which is zoned for multi -family housing, would appear to make sense. The applicant is not proposing to subdivide the property at this time. Therefore, staff recommends the request to rezone the properties from "C -P" Planned Commercial District to "R-4, R- P" Planned Multiple Family Residence District be approved for the following reasons: 1. The request would appear to have a positive impact on the area, by redeveloping an unused property. 2. The request would be in conformance with the Comprehensive Plan, and would be a good infill development that would utilize existing utilities and services. 3. The request would appear to meet all requirements of the Zoning Ordinance. 03-06-12 Sycamore St Condos Rezone C -P to R-4, R-P.doc Page 2 of 2 Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: MARC Prepared: March 7, 2012 Dept. Head Signature: # of Attachments: 2 2012 136.9- SUBJECT: Resolution setting date of hearing as March 26, 2012 to approve request by the City of Waterloo to rezone approximately 1,710 square feet from "R-4" Multiple Residence District to "C-1" Neighborhood Commercial District, property located at 1019 South Street for construction of additional parking for the adjacent Kwik Star store. Submitted by: Noel Anderson, Community Planning and Development Director Recommended City Council Action: Set a date of public hearing on the rezoning request and publish an official notice pertinent to the requested rezoning. Summary Statement: Transmitted herewith is a request set a date of hearing to approve request by the City of Waterloo to rezone approximately 1,710 square feet from "R-4" Multiple Residence District to "C-1" Neighborhood Commercial District, property located at 1019 South Street for construction of additional parking for the adjacent Kwik Star store. Expenditure Required: None Source of Funds: N/A Policy Issue: Rezone Legal Description: Does Addition the Northeasterly 37.50 ft of the Southeasterly 1/4 of Lot 8 and the Northeasterly 37.50 FT of the Northwesterly 1/2 of Lot 9 All In Block 7 of the City of Waterloo, Black Hawk County, Iowa. Background Information: The proposed rezone area consists 1,710 SF located at 1019 South Street. The property in question should have been rezoned in November 13, 2000 and has been used for parking purposes without incident since. CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer vi It would not appear that the rezone would have a negative impact upon the surrounding area or other surrounding land uses. All of the homes directly affected have signed the rezone application and staff has heard no objections to the request. Staff would note that commercial vehicular use areas require an approved buffer from residentially zoned areas in the form of either a privacy fence or a similar visual barrier. A rezone was unanimously passed on November 13, 2000 to allow an additional parking area for the adjacent lot to the southeast but the lot in question was not included. At that time the Planning and Zoning Commission recommended that commercial zoning should not be extended further north into the existing neighborhood. The area has served as a parking area since 2000 without incident. The convenience store located at 506 W 9`l' Street currently appears to have approximately 10 spaces available for parking on site and an additional 12-13 spaces available from land they have previously purchased and rezoned across the alley. The area in question provides about 4 of those spaces. The Zoning Ordinance requires that 20 parking spaces be provided for a convenience store of this size. Currently the applicant appears to be meeting the minimum requirements but additional parking would appear to help alleviate congestion at peak hours. At their March 6, 2012 meeting, the Planning, Programming and Zoning Commission unanimously recommended approval of the request. cc: Noel Anderson, Community Planning & Development Director Path: \\Alomain\waterloo\USERS\Planning\Adam\Council Letters\letter Rezone from R-4 to C-1 Waterloo for Quick Star 3.12.12.doc Request To Rezone 1,710 SF from R-4 Multiple Residence District to C-1 Commercial District, for the purpose of legalizing existing parking used by Kiwk Star. Kwik Trip, Inc Rezone/Alley Vacate Request Photos Looking at 519 W 8th Street. The applicant is purchasing this home to construct a new parking lot for the business. This property will need to be rezoned. Looking behind 1009 and 1017 South Street, where the applicant is purchasing some land to construct a new parking lot. This area will need to be rezoned. Looking at the alley to be vacated between W 9t' Street and W 8th Street. Looking behind the business that the applicant recently acquired for their expansion. Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: MARCH 12, 2012 Prepared: March 7, 2012 Dept. Head Signature: G # of Attachments: {'-- SUBJECT: Resolution setting date of hearing as March 26, 2012 to approve request by Kwik Trip, Inc. to rezone approximately 8,277.5 square feet from "R4" Multiple Residence District to "C-1" Neighborhood Commercial District, property located at 519 W 8th Street, 1009 South Street, and 1017 South Street for construction of additional parking for the adjacent Kwik Star store. Submitted by: Noel Anderson, Community Planning and Development Director Recommended City Council Action: Set a date of public hearing on the rezoning request and publish an official notice pertinent to the requested rezoning. Summary Statement: Transmitted herewith is a request set a date of hearing to approve request by Kwik Trip, Inc. to rezone approximately 8,277.5 square feet from "R-4" Multiple Residence District to "C-1" Neighborhood Commercial District, property located at 519 W 8th Street, 1009 South Street, and 1017 South Street for construction of additional parking for the adjacent Kwik Star store. Expenditure Required: None Source of Funds: N/A Policy Issue: Rezone Legal Description: See attachments (3 Vis) Background Information: The proposed rezone area consists 8,227.5 SF located at 519 W 8th Street, 1009 and 1017 South Street. The applicants have requested this rezone to use the area in question to expand their parking lot. It would not appear that the rezone would have a negative impact upon the surrounding area or other surrounding land uses. All of the homes directly affected have signed the rezone application and staff has heard no objections to the request. CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer 111 9e0- Staff would note that commercial vehicular use areas require an approved buffer from residentially zoned areas in the form of either a privacy fence or a similar visual barrier. A similar rezone was unanimously passed on November 13, 2000 to allow an additional parking area across the alley. At that time the Planning and Zoning Commission recommended that commercial zoning should not be extended further north into the existing neighborhood. The area has served as a parking area since 2000 without incident. The convenience store located at 506 W 9th Street currently appears to have approximately 10 spaces available for parking on site and an additional 12-13 spaces available from land they have previously purchased and rezoned across the alley. The Zoning Ordinance requires that 20 parking spaces be provided for a convenience store of this size. Currently the applicant appears to be meeting the minimum requirements but additional parking would appear to help alleviate congestion at peak hours. At their March 6, 2012 meeting, the Planning, Programming and Zoning Commission unanimously recommended approval of the request. cc: Noel Anderson, Community Planning & Development Director Path: \ \Alomain \waterloo \USERS \Planning \Adam \Council Letters\letter Rezone from R-4 to C-1 Quick Star 3.12.12.doc REQUEST: APPLICANT: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: DEVELOPMENT HISTORY: BUFFERS/ SCREENING REQUIRED: DRAINAGE: March 6, 2012 Request to rezone 8,227.5 SF located at 519 W 8th Street, 1009 and 1017 South Street from "R-4" Multiple Residence District "C-1" Commercial District. Kwik Trip Inc. 1626 Oak Street, La Cross WI, 54602 The applicant is requesting to rezone an area southwest of the existing Kwik Star store located at 506 W 9th Street for the purpose of creating additional parking for the existing store. It would not appear that the rezone would have a negative impact upon the surrounding area or other surrounding land uses. Surrounding land uses include commercial to the east and west, Highway 218 to the north, and residential to the south. The proposed rezone would not appear to have a negative impact on traffic conditions. The applicant intends to use the rezone area for additional parking. As part of a separate request, the applicant also is requesting that the alley is vacated. The applicant owns both sides of the alley so the alley would appear to no longer appear to be needed. The 218 Trail is located approximately 400' to the northeast of the rezone area along the opposite side of Highway 218. The site in question is zoned "R-4" Multiple Residence District and has been since the adoption of the Zoning Ordinance in 1969. Surrounding land uses and their zoning are as follows: North — Highway 218 and "M-1" Light Industrial zoned property across the highway. South — Single-family and Multi -family residential development zoned "R-4" Multiple Residence District. Kwik Star does have an additional parking area located across the alley which was rezoned in November of 2000 from "R-4" Residential District to "C-1" Commercial District for the purpose of adding an additional 13 parking stalls. East—A convenience store zoned "C-2" Commercial District. West — Vehicle sales lot zoned "C-2" Commercial District. The surrounding area is comprised of single-family and multi -family residential development constructed near 1900 and commercial properties built in the 1970's. The land in question is proposed to be used as a parking lot. Vehicular use areas for commercial properties are required to be screened from nearby residentially zoned properties including the properties to the south. Drainage would not appear to be affected by the request. An appropriate drainage plan must be approved by the Engineering 3.6.12 Rezone R4 to C1 — Kwik Trip Page 1 of 3 13 FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — March 6, 2012 Department prior development. The property in question is not within the 100 -year flood plain and is located within the Zone X as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0302F, dated July 18, 2011. Lowell Elementary is located approximately 1/3 of a mile to the southeast along Highway 218. There is a 10" sanitary sewer located within South Street and a 18" storm sewer and 4 " drain tile located within 9th Street. There are no known utilities within the alley or within 8th Street. The Future Land Use Map designates this area as Mixed Residential, which would allow for neighborhood commercial development. The rezone request is in conformance with the Future Land Use Map and Comprehensive Plan, and is located within the Primary Growth Area. The proposed rezone area consists 8,227.5 SF located at 519 W 8th Street, 1009 and 1017 South Street. The applicants have requested this rezone to use the area in question to expand their parking lot. It would not appear that the rezone would have a negative impact upon the surrounding area or other surrounding land uses. All of the homes directly affected have signed the rezone application and staff has heard no objections to the request. Staff would note that commercial vehicular use areas require an approved buffer from residentially zoned areas in the form of either a privacy fence or a similar visual barrier. Staff would note that the applicants have also applied to vacate the alley separating the rezone area from the principle permitted use. The applicants own the land on both sides of the alley and the alley does not appear to be needed for access purposes. A similar rezone was unanimously passed on November 13, 2000 to allow an additional parking area across the alley. At that time the Planning and Zoning Commission recommended that commercial zoning should not be extended further north into the existing neighborhood. The area has served as a parking area since 2000 without incident. Staff would note that convenience store located at 506 W 9th Street currently appear to have approximately 10 spaces available for parking on site and an additional 12-13 spaces available from land they have previously purchased and rezoned across the alley. The Zoning Ordinance requires that 20 parking spaces be provided for a convenience store of this size. Currently the applicant appears to be meeting the minimum requirements but additional parking would appear to help alleviate congestion at peak hours. 3.6.12 Rezone R4 to C1 — Kwik Trip Page 2 of 3 14 SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: March 6, 2012 There is platting required as a part of this request. Therefore, staff recommends that the request to rezone from "R-4" Multiple Residence District to "C-1" Commercial District be approved for the following reasons: 1. The proposed rezone area is in conformance with the Comprehensive Plan and Future Land Use Map, which designates this area as Mixed Residential, which would allow for neighborhood commercial development. 2. The site in question would not appear to have a negative impact on the neighborhood or traffic conditions. 3.6.12 Rezone R4 to C1 — Kwik Trip Page 3 of 3 15 I Request To Rezone 8,227.5 SF from R-4 Multiple Residence District to C-1 Commercial District, for the purpose of creating additional parking for Kwik Star 75 Mir 111111L, Wa111ngton SS...t -R I M Y2 2711 .. Sr .- om...Aswa.NM.W 1 524• E r 4,e Rwclw.se fl Know where bel Call before tie cir 4 4F \ PROPOSED LOT SPLIT I ( I I ..- J i al DNMMRe SITE 5 M KP1001115 I. LANDSCAPE AREA REPAIR ALL DRSTURCED ROILS WITH NEW 600. DPP-iTRET PARKING STALLS STRIPING - 4• WIG! STALL LINES, USE MGN VRSIeRRT WHIR PAINT. 11O17PEPROVIDED- 201-o• 20701X0 STALLS 1129 €0157122 SERVICE POINTS accessISLE PARKING SPACE WITH LOADING ZONE. PROVIDE APPROPRIATE STRIPING AND PAVEMENT MARRINOS. •NN51905 SLVE. ALL IOTXE56[ 8.1.00, , LANE MARKING, AM) TEXT. COLOR HC S . S0"05PTN MINI CONCRETE 51-A6-016050. WITH 05 ,EMR R, 0011CRET! REALER 39W BG -.E CONCRETE CURS AND CUTTER PER DETAIL T. SITE ARRA LIm1T. REUSE EXISTING CONCRETE EASEINSTALL NEW PORE AND FIXTURE. FURTHER6. STORM STRUCTURE. see SHEETS SPE FOR STORM sew. INFORMATION. A CAT. BASIN CUM INLET PER DETAIL ----. S. Ur HT, P OM CONCRETE FILLED PIPE BOLLARD P. DETAIL m. EXISTING DISPENSER ISLAND CANOE II. EXISTING CONCRETE ISLANDS I2. EXISTING UNDERGROUND F0tt STORAGE TANKS PER OWNER. EXTERNAL TRASH ENCLOSURE WITH MAINTENANCE SHED TO MATCH ARCHITECTURE EL EX. TRADIMMR SIGN TO ,MAIN Ie, DITUMINCUS REPAIR ALONG CONCRETE EDS! 's INTEGRAL CONCRETE TE CURES/ WALK. SEE DETAIL ---- PIM NON -PLUSH SECTIONS. CONCRETE It. AUTO VACUUM PER KWIK TRIP ON CONCRETE FOOTING. PROVIDE TRASH CONTAINER 16. CAR WASH KET PAD/ CONTROLLER. PROVIDE TRASH CONTAINER. IS. N CONCRETE PAD WITH SNOW MELT PER MECHANICAL PLANS 20. 4• DEPTH CONCRETE WALK/ PAD PER DETAILV. VI Dern. CONCRETE. APPROACH ♦/SFr. ZONING 508 W. 911Street 0.1, Commercial DIat110L H -C, Highway 210 Calder0w5My 0bblot USE LOT ARRA MINRRM LOTWMIH MMMUM PRONTTARD MIAMU• SW YARD MOM REARTAIW MAX MARGIN NO 109•11111 ."•w•:4" 1401/01.1111 1011. 110144,11140 pre rww M rr r w M r wwA•w MI•nP w IND•Rw n• SOURCE OF INFORMATION: .4.111,1114 11111.00 11-44.11111111•404414100•140R1.117 1/1.1 44144ass UMW Information CONSTRUCTION 712NOINO TO 152 INSTALLED MOUND ENTIRE CONSTRUCTION 5775. COORDINATE WITH OWNER FOR FENCING AND SATE LOCATIONS AND APPROPRIATE 6IONAOE INSTALLATION, IATOUT NOTES. 1. SITE PLAN PREPARED FROM Meier EY: VJ ENGINEERING aN-es-eaU e•w s-11.11 REFER TO SURVEY POR ADDITIONAL LOT DIMEN51095 AND INPORMATIDN FOR SITE LAYOUT PRIOR TO CONSTRUCTION. 2. CURBS ARE DIMENSIONED TO PACE 0P CURB. 0. CAR WASH 19 LOCATED PROM THE 9W CORNER OF THE EXISTING BUILDING AND ALIGNED PARALLEL/ PERPENDICULAR TO THE FRONT PACE OF THE SAID BUILDING 4 UNLESS SHOWN OTH1RWt61 ON THIS DRAWING, CONTRACTOR SHALL PROVIDE CONTROL JOINTS, CONSTRUCTION JOINTS, AND EXPANSION JOINTS IN BLAB ON GRADE, SIDEWALKS AND DRIVES. CONTROL JOINT MAXIMUM DISTANCE: WALKS S' 0.C, ALL o791Rs- l0' o.c. MW CUT CONTROL JOINTS MINIMUM ONE-OVARTER CONCRETE THICKNESS. EXPANSION JOINT MAXIMUM DISTANCE: WALKS- 241 O.C, ALL OTHERS- 40' 0.0. DOWEL ALL EXPANSION JOINTS- MAXIMUM 246 0.C. 5. EXTERIOR CONCRETE SURFACES TO BE SEALED. CONCRETE SEALER. TK -2611V 000 5 El96rlc 11•414,411".14 r3114411-4/se eon. esue ISM* Cable 144.44114. Pewe &5to Sewers Web14:4111.11.11.1 er ZONING 1002.1004 W.SM1MOIon Sepal 5 505-511 W. 50 Street. Current Zoning: C-2, Commercial 0191108. H -C Highway 210 Contd. Overlay OMtrlci UX MMMUM NINIMUM amanita MM. LOTAMA LOTWCTI EMOMTy.MD MEDAN,/ WORN REARVARD HRIONT Sell Mw Pp we 11•01011411 ml P r m wwrpRA,•• ww 441.441•111.14.4,11rn SOURCE OF 144FOR111/41101t e.IRRpr mNam 6r4 6www •'•K'• ow.. e.w M.r .111,411191101/100111171.41.110 w 2RG �^� I STORES STORES KWIK TRIP, Inc. P.O. SOX 2107 1528 OAK STREET LACROSSE, WI 54502-2107 PH. IBM 701-5588 FAX 15081 791-5950 INSITRES Plyin•oth 41i . 51441 SITE PLAN y 3 OD CC• U LU o cc O¢ I'- Z w � p Z LU_a Z U w Z Z -J O 5 • m ND, DATE DESCRIPTION 23211 Reel Estate 2-20.72 SETBACK/ LOT SPLIT PRAWN RT SCALE pROJ. NO. DATE SHEET GRAPHIC 2010 I 5 -G 0 S 11 Legal Description Zone Change of 1017 South Street The Northeasterly 37.5 feet of The Northwest Forty-five (45) feet of Lot No. Eight (8), in Block No. Seven (7) in Doe's Addition to the Village (now City) of Waterloo, Black Hawk County, Iowa. 19 Legal Description Zone Change of 1009 South Street The Northeasterly 37.5 feet of Lot No. Seven (7), in Block No. Seven (7), in Doe's Addition to Waterloo, Black Hawk County, Iowa. 22 Legal Description Zone Change of 519 W 8th Street Northeast 1/2 of Lot 6 in Block 7 in Does Addition to the City of Waterloo, Black Hawk County, Iowa. Fnd "X" In Concrete w a-, rn oa Ft p N N Z S48°13'02"E Cut "X" in 121.77' Concrete Plat of Survey Legal Description: The Northeasterly 37.5 feet of The Northwest Forty-five (45) feet of Lot No. Eight (8), in Block No. Seven (7) in Doe's Addition to the Village (now City) of Waterloo, Black Hawk County, Iowa. Lot 3 Block 7 Doe's Addition City of Waterloo Black Hawk County, Iowa N48°13'02'W Concrete N48 -1302"W Concrete A Fnd "X" in 121.34' 178.48' (178.48') V Lot 4 Fnd "X' in Lot 2 W. 8TH STREET w Fnd 1'0 • Pinched Pipe Public Alley 20' R.O.W. Fnd 1"0 S48°13'02"E Hollow Pipe S48°13'02'E 45.67 (45') w 1712 Sq. FL, fn _ 0.039 Ac. v o N N m m 4' Woven Wire Fence, N48°13'02'W I d5 FS' T II co 0 1 Lot 7 I 4705 Sq. Ft, 0.108 Ac. Lot 8 Fnd 2"0 Hollow Pipe 2.15' NE of Comer 136.42' Fnd 5/8"0 6' Wood (136.42•) Rebar w/ Red Cap #12088 Privacy Fence -Fnd 1/2"0 Rebar w/ Yellow Cap #9961 2.55 from Property Comer (not used in solution) Fnd 5/8" Rebar w/ Red Cap 12088 c,,,Ir. Wove Lot 9 ire Fen)e 20' Setback 1 _)y I 3 a l i\l\ ' rn 1 :n m .,e.7' to 71 mE (7)"2 o �o r O N \16.7'\: 4' Woven VA Fence 23.13' is 20' Setback N48°13'41"W Fnd 1" Sq. Bar 45.59' (45') SOUTH STREET Notes: 1.) Survey Requested by :Convenience Store Investments, Inc. 2.) Proprietor. Mary L. Britton 3.) The Northeasterly line of Lot 8 Block 7 Doe's Addition is assumed to bear S48°13'02"E. 4.) All Dimensions are in Feet and Decimals thereof. 5.) The error of closure is better than 1:10,000 6.) Field work was completed 12/11/11 7.) The differences between the measured and record dimensions do not create any gaps or overlaps. 0.6' eFnd 1/2'0 SE Cor. Block 7 Fnd 1/2"0 Rebar w/ N48°13'41'W Yellow Cap #9961 • Hollow Pipe 136.71 This Plat or Subdivision has been reviewed by the City of Waterloo. Signature of City of Waterloo Ordinance Administrator Date a�\e\e\LAND/e*�� yS�p , , , SG°�iy g •.• .•.Q,% Se/ -12: 12088 :m<e J Wendell J. : 91 'v.:. • Lupkes : a .. •'•W. %**'.41, 44ggry# enC P 1" • I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and that I ern a duly licensed Land Surveyor under Melaws of the State of Iowa. WENDELL J. LUPKES, L.S. License number 12088 Ys : 31, 2012 Pages or sheet covered by this seal: DATE .1 FEATURE LEGEND o SET 5/8'0 X 24" REBAR W / RED CAP L.S. #12088 • PROPERTY CORNER FOUND A SET SECTION CORNER ® SECTION CORNER FOUND 100.00 DIMENSION OF SURVEY (100.00) DIMENSION OF RECORD 0 15 30 60 11111111111 VJ Engineering 1501 Technology Parkway Cedar Falls, Iowa — 319-266-5829 Plat of Survey NEIy 37.5' NW 45' Lot 8, Doe's Addition seals 1•=9' drawn by WR date 2-9-2012 0 i Fnd "X" In Concrete W. 8TH STREET Plat of Survey Legal Description: The Northeasterly 37.5 feet of Lot No. Seven (7), in Block No. Seven (7), in Doe's Addition to Waterloo, Black Hawk County, Iowa. Lot 5 N48"13'021W I I Lot 4 Block 7 Doe's Addition City of Waterloo Black Hawk County, Iowa Fnd "X"in N48°13'02"W Concrete Lot 3 w _ 0 N o N " z 70.68'(70.68') S48°13'02"E F "X" in Concrete 50.66' (50') Public Alley 20' R.O.W. Fnd 1'0 Hollow Pipe -7 ....70.45' n 0 o Z E 8 o N oo N41°53'55"E 70.51' 33.01' 37.50' _ Fnd 1"0 Hollow 60.89'(60') ( ) v ., 45.67 136.42' (136.42') Fnd 5/8"0 Rebar e Red Cap #12088 rD o - SE Cor. Block 7 Fnd 12"0 Rebarw Yellow Cap #9961 N48°13'41"W� ,,Pipe w/ Metal Cap (Bent) 01 m r 2283 Sq. Ft., m 0.052 Ac. ` 5' Wood Privacy FencerN48°13'02"W Z Sc 60.90' in rr„ (45') 6283 Sq. Ft, 0.144 Ac. r-26-setbac ci-- I II 4' Woven Wire 1 Fence ` I 1 Lot 7 I!o ,g N v Lot 8 I m I! g7 - • TFnd'0 1 "0 1 60.91' Fnd J loge —• , j A n g a y � b � L N41153'55"E 5 140.65' (140') 70.14' ¢ i a' nn 3 Y . 9 17' to/� Fnd 1/2'0 Hollow Pi. rvae-1an viann r_f, _g 4N48°13'41 -W Notes: 1.) Survey Requested by :Convenience Store Investments, Inc. 2.) Proprietor. Richard & Jacqueline Kaough 3.) The Northeasterly line of Lot 7 Block 7 Doe's Addition is assumed to bear S48°13'02"E. 4.) All Dimensions are in Feet and Decimals thereof. 5.) The error of closure is better than 1:10,000 6.) Field work was completed 12/11/11 7.) The differences between the measured and record dimensions do not create any gaps or overlaps. • (45') SOUTH STREET v 136.71' This Plat or Subdivision has been reviewed by the City of Waterloo. Signature of City of Waterloo Ordinance Administrator Date 00011111114/**/� `1.O . • S ^W @9� . • • L.pGby I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and that I am a duly licensed Land Surveyor under the laws of the State of Iowa. Z-1,0: 12088 •:m<' I i Wendell J. i s_ ' '• Lupkes : a WENDELL J. LUPKES, L.S. DATE '&*.*/ License number 12088 �OJJA `S My license renewal date Is December 31, 2012 Pages or sheets covered by this seat M08jno 400 i VJ Engineering 1501 Technology Parkway Cedar Falls, Iowa — 319-266-5829 FEATURE LEGEND 0 SET 5/8"0 X 24" REBAR W / RED CAP L.S. #12088 • PROPERTY CORNER FOUND A SET SECTION CORNER ® SECTION CORNER FOUND 100.00 DIMENSION OF SURVEY (100.00) DIMENSION OF RECORD 0 15 30 60 Plat of Survey Northeasterly 37.5' Lot 7, Doe's Addition scale drawn by wa date 2-9-2012. 1 3 Fnd "X" in Concrete W _ -1- Lo N Z Cut "X" in Concrete W. 8TH STREET N41°5513" 0 Lot 5 N48° 13'02"W 70.68' (70.68') S48°13'02"E Fnd "X" in Concrete 0 60.89'(60') Lenna Brown Property 519 West 8th Street Lot 6 N48°09'25"W N41 °53'55"E 70.51' Lot 4 Block 7 Doe's Addition City of Waterloo Black Hawk County, Iowa Fnd "X" in N48° 13'02"W Concrete 50.66' (50') Public Alley 20' R.O.W. • S48° 13'02"E 0 Fnd 1"0 Hollow 60.89'(60') <Pipe w/ Metal I Cap (Bent) r -- co 2283 Sq. Ft., 0.052 Ac. u) 5' Wood of ) ro- Privacy o FenceN48°13'02"W Z 60.90' A a 0 c) CO Fnd 1"Q 60.91' Pinched Pipe Fnd 1"O to Pinched Pipe M 4' Chain Link Fence 0 0 6283 Sq. Ft., 0.144 Ac. 20' Setbac c1 ti 16.39' o 1- 12.8' 4' Woven Wire Fence � I 0 ti CO r� J0 0 I- 7 Tef6ack Lot 7 10.8' 1 -Story Building 11 ro 19.62' S41 °52'45"W 25' .��1 20' Setback rn F -- CO N48° 13'41 "W 60.93'(60') SOUTH STREET 1 Fnd 2'10 Hollow Pipe 2.15' NE of Corner Fnd 1" Sq. Bar 25 Kwik Trip, Inc Rezone/Alley Vacate Request Photos Looking at 519 W 8th Street. The applicant is purchasing this home to construct a new parking lot for the business. This property will need to be rezoned. Looking behind 1009 and 1017 South Street, where the applicant is purchasing some land to construct a new parking lot. This area will need to be rezoned. Looking at the alley to be vacated between W 9th Street and W 8th Street. Looking behind the business that the applicant recently acquired for their expansion. 26 mov" CITY OF WATERLOO, IOWA T/�� COMMUNITY PLANNING AND DEVELOPMENT �^ S� 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 %r—loo�p NOEL C. ANDERSON, Community Planning & Development Director Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large Council Communication City Council Meeting: M Prepared: March 7, 2012 Dept. Head Signature: ' # of Attachments: (9 0 - SUBJECT: Request to set the date of public hearing as March 26, 2012 for a request by Hy -Vee, Inc. to rezone 1.26 acres located at 3700 University Avenue from "R-1" One and Two Family Residence District to "C-2" Commercial District, for the purpose of legalizing the existing mini -storage business. Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: Approval Summary Statement: Transmitted herewith is a request by Hy -Vee, Inc. to rezone 1.26 acres located at 3700 University Avenue from "R-1" One and Two Family Residence District to "C-2" Commercial District, for the purpose of legalizing the existing mini -storage business. It would not appear that the rezone would have a negative impact upon the surrounding area or other surrounding land uses. Currently, there is a mini -storage development upon the site in question, with the buildings being constructed in 1972 and 1977. It would appear that the buildings were constructed as an accessory use to the previous agricultural use. No new development is planned for the area in question, and it is planned that the existing storage buildings will remain, thus the use of the property is not changing. The Zoning Ordinance allows for mini -storage development within the "C-2" Commercial District, subject to the issuance of a Special Permit by the Board of Adjustment. The Planning and Zoning Commission and the Board of Adjustment would review the location for compatibility of surrounding, highest and best use of land, and proximity to a major thoroughfare. The intent of this provision is that mini -storage developments in the "C-2" Commercial District be situated towards the rear of a highly visible commercial property. However, since these units were constructed in the 1970s before this particular ordinance was adopted in 2004, it would not be necessary for these mini -storage buildings to go through the special permit review process. At their March 6 2012 Planning, Programming and Zoning Commission meeting, the Planning and Zoning Commission unanimously recommended approval of the CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer rezone request. Please find attached a staff report, aerial photo, and legal description, detailing the area in question. Therefore, we request the City Council set a date of public hearing on the rezoning request as March 26, 2012, and publish an official notice pertinent to the requested rezoning. If you have any questions, please do not hesitate to contact our office. Expenditure Required: None Source of Funds: N/A Policy Issue: Land Use Alternative: N/A Background Information: Legal Description: See attached Exhibit "A" NA: to cc: Aric Schroeder, City Planner Eric Thorson, City Engineer --file-- REQUEST: APPLICANT: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: DEVELOPMENT HISTORY: BUFFERS/ SCREENING REQUIRED: March 6, 2012 Request to rezone approximately 1.26 acres of land from "R-1" One and Two Family Residence District to "C-2" Commercial District. Hy -Vee, Inc., 5820 Westown Parkway, West Des Moines, IA 50266 The applicant is requesting to rezone the property at 3700 University Avenue for the purpose of legalizing an existing mini - storage development. It would not appear that the rezone would have a negative impact upon the surrounding area or other surrounding land uses. Currently, there is a mini -storage development upon the site in question, with the buildings being constructed in 1972 and 1977. It would appear that the buildings were constructed as an accessory use to the previous agricultural use. However, those buildings were rented out to those needing to store their belongings. Mini -storage is not a permitted use in the "R-1", and rezoning the land to "C-2" would legalize their use. The proposed rezone is located at 3700 University Avenue, just east of K -Mart Plaza. University Avenue is just to the south of the rezone area and is classified as a Principal Arterial. Recently, a sidewalk was constructed along the north side of University Avenue with ADA funds. The Greenhill Road Trail is located approximately 1/4 of a mile to the east along Greenhill Road. The site in question is zoned "R-1" One and Two Family Residence District, and has been zoned as such the adoption of the Zoning Ordinance. Surrounding land uses and their zoning are as follows: North — Single-family residential development, zoned "R-1" One and Two Family Residence District. South — Existing commercial development and University Avenue, zoned "C-2" Commercial District. East — Single-family residential development, zoned "R-1" One and Two Family Residence District. West — Existing commercial development, zoned "C-2" Commercial District. The surrounding area is comprised of a multitude of different uses, ranging from single-family residential development and heavier commercial uses, such as including K -Mart and Hy -Vee. Much of the development in the area was constructed in the 1960s to the 1980s. Rezoning of the land in question would not require any additional buffering or screening. 3.6.12 Rezone R1 to C2 — 3700 University Ave Page 1 of 3 March 6, 2012 DRAINAGE: Rezoning of the land would not appear to have a negative impact upon the surrounding area. FLOODPLAIN: No portion of the rezone 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. PUBLIC /OPEN Valley View Park is located approximately 1/4 of a mile to the east at SPACES/ SCHOOLS: the intersection of Greenhill Road and Maynard Avenue. Central Middle School is located approximately % of a mile to the south near Downing Avenue and Katoski Drive. UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. There is an 8" sanitary sewer located within University Avenue to the south and east. There is also an 8" sanitary sewer located to the north in Macallan Lane. There is a 15" storm sewer located within University Avenue to the south. RELATIONSHIP TO The Future Land Use Map designates this area as Commercial, COMPREHENSIVE which would allow for commercial development. The rezone LAND USE PLAN: request is in conformance with the Future Land Use Map and Comprehensive Plan, and is located within the Primary Growth Area. STAFF ANALYSIS — The proposed rezone area consists of 1.26 acres of land located at ZONING 3700 University Avenue, which is the location of the former Platt's ORDINANCE: Nursery site. The applicant is requesting to rezone the property in question to legalize 2 mini -storage buildings, which were built in 1972 and 1977. Mini -storage development is not a permitted use in the "R-1" One and Two Family Residence District, therefore the rezone to "C-2" is needed to legalize their use. It would not appear that rezoning the land to "C-2" Commercial District would have a negative impact upon the surrounding area, most specifically the residential uses to the east. No new development is planned for the area in question, and it is planned that the existing storage buildings will remain, thus the use of the property is not changing. The Zoning Ordinance allows for mini -storage development within the "C-2" Commercial District, subject to the issuance of a Special Permit by the Board of Adjustment. The Planning and Zoning Commission and the Board of Adjustment would review the location for compatibility of surrounding, highest and best use of land, and proximity to a major thoroughfare. The intent of this provision is that mini -storage developments in the "C-2" Commercial District be situated towards the rear of a highly visible commercial property. However, since these units were constructed in the 1970s before this particular ordinance was adopted in 2004, it would not be necessary for these mini -storage buildings to go through the special permit review process. 3.6.12 Rezone R1 to C2 — 3700 University Ave Page 2 of 3 STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: March 6, 2012 There is platting required as a part of this request. Therefore, staff recommends that the request to rezone from "R-1" One and Two Family Residence District to "C-2" Commercial District be approved for the following reasons: 1 The proposed rezone area is in conformance with the Comprehensive Plan and Future Land Use Map, which designates this area as Commercial, which would allow for a mini -storage development. 2. The site in question would appear to provide sufficient space to meet all required regulations including setbacks, drainage, landscaping, screening, etc. 3. It would not appear that rezoning the land to "C-2" Commercial District would have a negative impact upon the surrounding area, as this rezone is legalizing an existing use, and there is no plans to change the current use of the property. 3.6.12 Rezone R1 to C2 — 3700 University Ave Page 3 of 3 Request to Rezone 1.26 Acres from "R-1" One and Two Family Residence District to "C-2" Commercial District for the Purpose of Legalizing the Existing Mini -storage Business. Proposed Rezone Area "R-1" to "C-2" 1.26 Acres Hy -Vee, Inc Rezone/Plat Request Photos Looking at the existing storage buildings located on the property. These will be rezoned to commercial. Looking at the existing storage building located on the property. This will be rezoned to commercial. Looking at the existing building on the property. This will be demolished to make room for the new gas station/car wash. Looking at the existing building on the property. This will be demolished to make room for the new gas station/car wash. Hy -Vee, Inc Rezone/Plat Request Photos Standing at the entrance to the property looking towards University Avenue. Looking west of the property at additional commercial properties. APPLICATION YOR REZONING CITY OF WATERLOO PLANNING, PROGRAO, AND ZONING COMMISSION WATERLOO, IOWA 319.291.4366 1. API' 1 • INFORMATION: a„ Applicant's name (please print):Ht___e, lri def# Stein Phone:_ 515 267•-2819, Fes- Address: Sipe Wester P + State: to Zip: 5026______§---7--------- b. West des Moines Otter x (MEC( ONE}: If other explaim:_.____— b. Status of applicant: (a) Owner (b) ContraG¢ B er rint Garber pevelopment, LC (sui►e and Matt Gardn2�) e. Property owner's name dz�erethan above —(please 319 404-8736 rax Address: PO Box 2751 — State: IA _ rip: 50704� City: 1Nater<oo 2.00N: a. General location of property to be rrzolied 3700 University Ave b. Legal description of property to be rezoned:__ Proposed Zoning Boundary (Excluding Right of Way): 135' x 40T c.. ADrea f Pro o ed Zoning Bo�mdary Occluding Bight of Way): 55234• sf d. Area of Proposed Zoming Requested zoning. C-2 e.Cwt zoning: R-1 astm land use doe not f gon(s) for rezoning and proposed use(s) of property: _com I with current zonin g. Conditions (if ally) agreed to: N/A b.. Other pertinent information (use reverse side if necessary): applicant is not the owner of the property, the signature of the owner must be secured. If it is the Please Note: app vacant or improved in conjunction with this request it mast go through a intent to subdivide (split) any land, platting process (separate from rezone request).The round amount down to nearest ding fee of 5300 4 510 per acre ($750 max) (payable to the City of Waterloo) is required( sum or any part thereof m do refunded Nearest SIO incxemeut). This fee is non-re'laadable. Under no conditionS� ()Idle infar►nation given will require that for failure of said m endment to be enacted is 12W. Any 1nsj or changethe same theprocess, with a new filing fee- Ifthe request is denied no new petition covering the ortic go ca through erop gramming and Zoning Commission or portiort of the same property shall be filed with or considered by the Planning, Pro � under months have elapsed from the date c denial by the Waterloo City Council. The undersigned certify oath four (4) a that all information on this request and submitted along with it is true and correct oath acid under the penalties ofp perjury and Zoning Commission and the All information submitted will be used by the W aterleo Planning, Proms, ,�o� Officials t4 bier the Waterloo City Council in making their decision- The undersigned authorize City property in question in regards to the request REZONE DESCRIPTION: The following description has been generated to assist in rezoning the described property from "R-2", One & Two Family Residential District, to a "C-2", Commercial District. That part of the East Half of Section 20, Township 89 North, Range 13 West in the Fifth Principal Meridian, in the City of Waterloo, Black Hawk County, State of Iowa, more particularly described as follows: Beginning at the Westerly common corner of Lot 14 and Lot 15 of Forrest Hill Subdivision in said City of Waterloo; thence S89°18'41"W 406.60 feet along the Southerly line of said Lot 14 extended, to a point on the Easterly line extended of the Target Store at 3810 University Avenue, Waterloo, Iowa; thence N00°04' 16"W 154.41 feet along said extended line and the Easterly line to a point; thence S89°58'59"E 406.81 feet to a point on the Westerly line of Lot 13 of Forrest Hill Subdivision in said City of Waterloo; thence S00°01'01"W 149.40 feet along said Westerly line of Lot 13 and Lot 14 of Forrest Hill Subdivision in said City of Waterloo, Iowa, to the Point of Beginning, containing 61,778.5 square feet, or 1.418 acres. 12A07-REZONE-01.doc Sheet No. 1 of 1 Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: March 12, 2012 Prepared: March 7, 2012 Dept. Head Signature: Z�- # of Attachments: 7 SUBJECT: Request to set the date of public hearing as March 26, 2012 for a request by Dolly James, LLC for a site plan amendment in the "R-4, R -P" Planned Multiple Residence District generally located within the area bounded by the Cedar River and Sycamore Street, and E 8th Street and the Union Pacific railroad tracks, to allow for the construction of a multi -family housing development. Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: Approval. Summary Statement: Transmitted herewith is a request by Dolly James, LLC for a site plan amendment to the "R-4, R -P" Planned Multiple Residence district, which would allow for construction of six 12 -unit condos and six garage units on the property. The applicant is proposing the site plan amendment in order to construct six new 12-plex housing units. Each of the units would have 2 bedrooms. The development also includes constructing six garage units as well. The site plan shows 2 access points to the property; one access from Sycamore Street where vacated E 7th Street is, and along E 8th Street, south of Sycamore Street. The plan shows storm water detention along the northeast corner of the property. The Zoning Ordinance requires a total of 144 parking stalls, and the site plan shows a total of 145 parking stalls (80 outside stalls, 65 garage stalls). It would appear that the site plan would meet all requirements of the Zoning Ordinance, including setbacks, parking, etc. The request would appear to be beneficial to the area by adding quality housing to the area, and by reusing an otherwise vacant property. Expenditure Required: None Source of Funds: None required Policy Issue: Land Use and Economic Development Alternative: CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Background Information: The City of Waterloo has owned this property for several years now, and has been looking for a developer to develop this property. Legal Description: See attached Exhibit "A". AS:sg cc: Noel Anderson, Community Planning & Development Director. --file-- EXHIBIT "A" THIS PLAT REPRESENTS A SURVEY OF PARCEL "R" That part of Lot Nos. 1,4,5,8,& 9 in Block.1 and all of Block 22 and Vacated East 7"' Street lying between Block 1 & Block 22 and Vacated Water Street generally lying Southwesterly of Block 1 & Block 22, all lying in the "Original Plat on the East side of the Cedar River, City of Waterloo", and part of the fractional land lying between the Cedar River and Block 1 & Block 22 in the "Original Plat on the East side of the Cedar River, City of Waterloo", Black Hawk County, Iowa, described as follows: Beginning at the Easterly corner of said Block 22 in the "Original Plat on the East side of the Cedar River, City of Waterloo", point being a found %" rebar with license #8033; thence along the Southeasterly line of said Block 22 in the "Original Plat on the East side of the Cedar River, City of Waterloo", also being the Northwesterly line of East 8th Street and along the Southeasterly line of Acquisition Plat dated 11/8/2002 recorded in File #2003-00025496 in the Office of the Black Hawk County Recorder South 40°43' West a distance of 334.75 feet to a set 1/2" rebar with license #6505; thence North 48°42' West a distance of 207.8 feet to a set 1/2" rebar with license #6505; thence North 39°33' West a distance of 102.55 feet to a set 1/2" rebar with license #6505; thence North 48°55' West a distance of 82.45 feet to a set 1/2" rebar with license #6505; thence North 73°54' West a distance of 104.5 feet to a set 1/2" rebar with license #6505; thence North 49°30' West a distance of 17.5 feet to Southwesterly extension of Plat of Survey dated 3/17/2006 recorded in Fee Book #2006 23029 in the Office of the Black Hawk County Recorder, point being a set 1/2" rebar with license #6505; thence along said Southwesterly extension North 40°48% East a distance of 87.6 feet to the Southwesterly corner of said Plat of Survey recorded in Fee Book #2006 23029, also being on the Southeasterly right-of-way line of the Union Pacific Railroad, point being a found 1/2" rebar; thence along the Northwesterly line of said Plat of Survey recorded in Fee Book #2006 23029, also being along said Southeasterly right-of-way line of the Union Pacific Railroad North 40°483/4 East a distance of 271.8 feet to the Southwesterly right-of-way of Sycamore Street, point being a set 1/2" rebar with license #6505; thence along said Southwesterly right-of-way of Sycamore Street South 49°07'07" East a distance of 124.5 feet to the Easterly corner of Lot 1 in said Block 1 of the "Original Plat on the East side of the Cedar River, City of Waterloo", also being the Northerly corner of Vacated East 7th Street, point being a found 11/4" square iron bar; thence along the Northeasterly line of said Vacated East 7" Street South 49°32' East a distance of 79.95 feet to the Northerly corner of Lot 2 in said Block 22 of the "Original Plat on the East side of the Cedar River, City of Waterloo", point being a found %" rebar with license #7034; thence along the Southwesterly right-of-way line of said Sycamore Street South 49°041/4 East a distance of 149.7 feet to the Northerly comer of Lot 1 of said Block 22 of the "Original Plat on the East side of the Cedar River, City of Waterloo", point being a found % rebar with license #3862; thence along said Southwesterly right-of-way line of Sycamore Street South 49°061/2' East a distance of 149.1 feet to the point of beginning. Containing 3.82 acres. Subject to restrictions, easements, covenants, ordinances, and limited access provisions of record and not of record. Note: The Northeasterly line of Lot 1 in said Block 1 of the "Original Plat on the East side of the Cedar River, City of Waterloo" is assumed to bear South 49°07'07" East for this description. SHEET 3 OF 5 Paul H. Helland, 1107 Technology Parkway, Cedar Falls, Iowa 50613-6951, (319)-266-0161 THIS PLAT OR SUBDIVISION HAS BEEN REVIEWED BY, (CITY/COUNTY). AIM/IIIIYIMI /,/ii�i3OI` gilirliflariS drw-,- iliiillW.2.4./ALINAIlmintr—x\K ai TM 11/8/2972 �__ nsr®,n�xar 11411 111111 rj?' i„ ,..moo UNION PACIFIC RAILROAD SYCAMORE STREET FOUND NO. 4 REBAR (8°'811W) w/YPC #8033 ...„.....--(ASSUMED BEARING) el S 49°07'07" E 297.0' 135.15' 37.35', 124.5' 2coF. 1 cwt,` UV9 Nall RIVE DS ,.,/t1. r 3 FOUND 1' 'o.d. IRON PINCHED PIPE BLOCK 1 6 7 N 49°10W W 97.75' N 59°16' W 27.95' 1 • 4 OD 0) S 49°32 E 79.95' C) ca° 7 A. Iht"' SIGNATURE OF (CITY/COUNTY) DATE ORDINANCE ADMINISTRATOR SEE SHEET 2 FOR PROPOSED EASEMENTS SEE SHEET 3-5 (EXHIBIT "A") FOR LEGAL DESCRIPTIONS PARCEL LE I I ER APPROVED BY COUNTY AUDITORS OFFICE DEVELOPERS & SURVEY REQUESTED BY: BRENT DAHLSTROM & JAMES SULENTIC PROPRIETOR: CITY OF WATERLOO DATESOF SURVEY: 1/23,27/2012 & 2/1,2/2012 FOUND NO. 4 REBAR ,- FOUND NO. 4 REBAR w/YPC #7034 S 49°0414' E ---- 149.7' --- 2 w/YPC #3862 S 49°061/x' E -,--- 149.1' ----- FOUND NO. 4 REBAR w/YPC #8033 1 L 3 4 PARCEL "R"I 3.82 ACRES 6 BLOCK 22 5 N 40°483/4' E 87.6' co U▪ r 0 "ORIGINAL WATERLOO EAST" 7 8 FOUND NO. 4 REBAR (TYPCIAL) VACATED WATER STREET 10 (80 R.O.W.) 9 0) ° 0) oo0) CD w N - CEDAR RIVER Ut SEE DETAIL 'A' THIS SURVEY MEETS/OR EXCEEDS CURRENT 'MINIMUM STANDARDS FOR PROPERTY SURVEYS" HELLAND ENGINEERING & SURVEYING, LTD. 1107 Technology Parkway Cedar Falls, Iowa 506136951 SHEET 1 OF 5 (319)-266-0161 aG1 oe 2 ` s '-'. •�` """ N EER:`a.;;;. (y`; •••�••••,• ."A PAUL AAULH. 1 c. 6505 / ,,,7= .. mot_= /OWN I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct personal /erasion and that I am a duly licensed land Surveyor . e laws of the Stateteof Iowa '--„ f� /ice _,---- a /L� H. Helfand License Number 6505 My license renewal date is December 31, 2013. All pages or sheets are covered by this seal except f rn 0 0) i i L -o T rn m0 OD CN r °O (BEARINGS ARE ASSUMED) 0' 50' 100' 200' • SET NO. 4 REBAR X 24" LONG W/ORANGE PLASTIC CAP #6505 (00) RECORDED AS FILE NAME: 12-110P.DWG SCALE: 1" = 100 PROJECT #12-110 OPC PLASTIC CAP (0=ORANGE, R=RED, Y=YELLOW) PLAT OF SURVEY OF BLOCK 22 & PART BLOCK 1, "ORIGINAL WATERLOO EAST" VACATED WATER ST., VACATED E. 7TH ST., & FRACTIONAL LAND LYING EAST OF CEDAR RIVER WATERLOO, BLACK HAWK COUNTY, IOWA FOR BRENT DAHLSTROM & JAMES SULENTIC J q 1_ Request for a Site Plan Amendment in the "R-4, R -P" Planned Multiple Residence District to allow for the Construction of a Multi -Family Housing Development. IR= YSEETrAVI,RITEARTY Ji ..1_••• • —II— —V rgitT 3 n'Ita " nal II UV LA -1' 74' A--pransdarDe. • , „ • • 1 Lwr7' I • *CAM :4;1 a 7. STREET • ',E•01L.. j dangt "SITE PLAN" SYCAMORE STREET CONDOMINIUMS WATERLOO, BLACK HAWK COUN1Y, IOWA FEBRUARY 2012 4:88.4118 OPAL MIR • ..... .......-. .• • VitAtONTNOWieer"''' 8,888,114 MEL ba48 ZI**881ERERR* iNstoRRERILIN — — POERR98111.,8 - ErtncuAtiV ACLeArlren ISM 88.8188911HER10.11 0 EleTawomaconeEes * r8748818uRnT 1.14.1.11.1t 411..10. RIE* IABIERIRS1V880811.91RIC PicromnSWae PAU PRPTIPERI-888031181.9 Mee SAUSEMIRte RCRITTE IUNIREA erommomman RESRSPIA088 MEW,. - WM, RT 81188S98. 8•8888818 NSW 8808:8, mama sly« mammal ry room Dutra mart al ma- Eir4111FT-114r42711111' ta:41:474,,WW.61Mir,R"" enrSTPRREEE ill=40,74•158X1011/84081 8.883 ERAVANURESRalfOl MOM. 01.3[8.118 189888106 Sycamore Street Condominiums 1 R1II IILILII I!11ifo`!,111111IIIl .aNyA��an`�9 IPn ili 19 Yftlp d .a.a.. 1' ill a9ne19H1111�N�u1Maiw0sdd"4 Sycamore Street Condominiums 1111111111111111 111,1111 IIIII111111111 111141F11111111111111 11111111111111111111111111111111 -- • Sycamore Street Condominiums Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: MARCH 12 Prepared: March 7, 2012 Dept. Head Signature: # of Attachments: SUBJECT: Resolution setting date of hearing as March 26, 2012 to approve request by Kwik Trip, Inc. to vacate, sell and convey the alley located within Block 7 of Does Addition subject to the retention of a utility easement over, under and upon the area to be vacated, and subject to the applicant constructing driveways off of South Street for 1009 South Street and 1017 South Street to allow for construction of additional parking for the adjacent Kwik Star store. Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: Set a date of hearing to approve a request to vacate, sell and convey the alley located within Block 7 of Does Addition. Summary Statement: Transmitted herewith is a request to vacate, sell and convey the alley located within Block 7 of Does Addition subject to the retention of a utility easement over, under and upon the area to be vacated, and subject to the applicant constructing driveways off of South Street for 1009 South Street and 1017 South Street to allow for construction of additional parking for the adjacent Kwik Star store. Expenditure Required: None Source of Funds: N/A Policy Issue: Vacate portion of public alley. Alternative: Don't vacate and leave the public alley open. Legal Description: See attached Background Information: The proposed alley vacate area consists a 300' x 20' alley located within Block 7 of Does Addition. The applicants have requested this alley be vacated to allow them to build a new parking area for the convenience store. CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer The applicant either owns or has arrangements to purchase all properties along both sides of the alley. Because of this, the alley is no longer needed to serve as access for any houses and would appear to not be needed for public road purposes. There would appear to be overhead electric present in the alley and a utility easement would need to be maintained. Staff would note that convenience store located at 506 W 9th Street currently appears to have approximately 10 spaces available for parking on site and an additional 12-13 spaces available from land they have previously purchased and rezoned across the alley. The Zoning Ordinance requires that 20 parking spaces be provided for a convenience store of this size. Currently the applicant appears to be meeting the minimum requirements but additional parking would appear to help alleviate congestion at peak hours. cc: Noel Anderson, Community Planning 61. Development Director Path: \ \Alomain \waterloo \USERS \Planning \Adam \Council Letters\letter vacate of public alley behind 506 W 9th Kwik Star 3.12.12.doc REQUEST: APPLICANT: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: DEVELOPMENT HISTORY: BUFFERS/ SCREENING REQUIRED: DRAINAGE: March 6, 2012 Request to vacate the alley located within Block 7 of Does Addition, to allow for the construction of a future parking lot for the convenience store. Kwik Trip Inc. 1626 Oak Street, La Cross WI, 54602 The applicant is requesting to vacate the alley located behind the existing Kwik Star store located at 506 W 9th Street to allow for the construction of a future parking lot for the convenience store. It would not appear that the vacate would have a negative impact upon the surrounding area or other surrounding land uses. The applicant owns all the land on both sides of the alley in question. The proposed vacate would not appear to have a negative impact on traffic conditions. The applicant owns both sides of the alley so the alley would appear to no longer appear to be needed. The 218 Trail is located approximately 400' to the northeast of the rezone area along the opposite side of Highway 218. The alley in not zoned, however, the proposed parking lot site in question is zoned "R-4" Multiple Residence District and has been since the adoption of the Zoning Ordinance in 1969 but is applying to be rezoned to "C-1" Commercial District. Surrounding land uses and their zoning are as follows: North — Highway 218 and "M-1" Light Industrial zoned property across the highway. South — Single-family and Multi -family residential development zoned "R-4" Multiple Residence District. Kwik Star does have an additional parking area located across the alley which was rezoned in November of 2000 from "R-4" Residential District to "C-1" Commercial District for the purpose of adding an additional 13 parking stalls. East —A convenience store zoned "C-2" Commercial District. West — Vehicle sales lot zoned "C-2" Commercial District. The surrounding area is comprised of single-family and multi -family residential development constructed near 1900 and commercial properties built in the 1970's. The land in question is proposed to be used as a parking lot. Vehicular use areas for commercial properties are required to be screened from nearby residentially zoned properties including the properties to the south. Drainage would not appear to be affected by the request. An appropriate drainage plan must be approved by the Engineering 3.6.12 alley vacate — Kwik Trip Page 1 of 3 55 FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: 3.6.12 alley vacate — Kwik Tnp March 6, 2012 Department prior development. The property in question is not within the 100 -year flood plain and is located within the Zone X as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0302F, dated July 18, 2011. Lowell Elementary is located approximately 1/3 of a mile to the southeast along Highway 218. There is a 10" sanitary sewer located within South Street and a 18" storm sewer and 4 " drain tile located within 9th Street. There are no known utilities within the alley in question or within 8th Street. There appears to be overhead electric within the alley in question and an easement would need to be maintained. The Future Land Use Map designates this area as Mixed Residential, which would allow for neighborhood commercial development. The rezone request is in conformance with the Future Land Use Map and Comprehensive Plan, and is located within the Primary Growth Area. The proposed alley vacate area consists a 300' x 20' alley located within Block 7 of Does Addition. The applicants have requested this alley be vacated to allow them to build a new parking area for the convenience store. Staff would note that the applicant either owns or has arrangements to purchase all properties along both sides of the alley. Because of this, the alley is no longer needed to serve as access for any houses and would appear to not be needed. There would appear to be overhead electric present in the alley and a utility easement would need to be maintained. Staff would note that convenience store located at 506 W 9th Street currently appear to have approximately 10 spaces available for parking on site and an additional 12-13 spaces available from land they have previously purchased and rezoned across the alley. The Zoning Ordinance requires that 20 parking spaces be provided for a convenience store of this size. Currently the applicant appears to be meeting the minimum requirements but additional parking would appear to help alleviate congestion at peak hours. There is platting required as a part of this request. Therefore, staff recommends that the request to vacate the alley located within Block 7 of Does Addition, to allow for the construction of a future parking lot for the convenience store be approved for the following reasons: 1. The proposed vacate area is in conformance with the Comprehensive Plan and Future Land Use Map, which Page 2 of 3 56 3.6.12 alley vacate — Kwik Trip March 6, 2012 designates this area as Mixed Residential, which would allow for neighborhood commercial development. 2. The site in question would not appear to have a negative impact on the neighborhood or traffic conditions. With the following condition(s): 1. That a utility easement is retained over under and upon the alley. Page 3of3 57 Request to Vacate Alley Located Behind Block 7 of Does Addition to Allow for the Construction of Future Parking Kwik Trip, Inc Rezone/Alley Vacate Request Photos Looking at 519 W 8th Street. The applicant is purchasing this home to construct a new parking lot for the business. This property will need to be rezoned. Looking behind 1009 and 1017 South Street, where the applicant is purchasing some land to construct a new parking lot. This area will need to be rezoned. Looking at the alley to be vacated between W 9th Street and W 8th Street. Looking behind the business that the applicant recently acquired for their expansion. 60 Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: March 12, 2012 Prepared: March 7, 2012 c_ Dept. Head Signature: Id�U # of Attachments: Li SUBJECT: Request to set the date of public hearing as March 26, 2012 for a request by Dolly James, LLC to vacate the existing easements located within the area bounded by the Cedar River and Sycamore Street, and E 8th Street and the railroad tracks, to allow for the construction of a multi -family housing development. Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: Approval. Summary Statement: Transmitted herewith is a request by Dolly James, LLC to vacate the existing easements within the property in order to construct six new 12 - unit housing units with accompanying garages on the property. The applicant is proposing the easement vacate in order to construct six new 12 - unit dwelling units. The existing easement is located over the entire area of vacated E 7th Street, as there exists sewer and water located within that area. Also, it is an access easement for the City to gain access to the pump station that is located at the end of E 7th Street along the Cedar River. The request to vacate would eliminate the easement over the entire area, and the applicant has supplied a new legal description to dedicate new easements where the sewer and water still are located. Essentially, the easement is being reduced in size in order to make room for the construction of the new buildings. The dedication of the new easements will be transmitted by a separate Council Communication. Expenditure Required: None Source of Funds: None required Policy Issue: Land Use and Economic Development Alternative: CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Background Information: The City of Waterloo has owned this property for several years now, and has been looking for a developer to develop this property. Legal Description: See attached Exhibit "A". AS:sg cc: Noel Anderson, Community Planning & Development Director. --file-- EXHIBIT "A" THIS PLAT REPRESENTS A SURVEY OF PARCEL "R" That part of Lot Nos. 1,4,5,8,& 9 in Block 1 and all of Block 22 and Vacated East 7"' Street lying between Block 1 & Block 22 and Vacated Water Street generally lying Southwesterly of Block 1 & Block 22, all lying in the "Original Plat on the East side of the Cedar River, City of Waterloo", and part of the fractional land lying between the Cedar River and Block 1 & Block 22 in the "Original Plat on the East side of the Cedar River, City of Waterloo", Black Hawk County, Iowa, described as follows: Beginning at the Easterly corner of said Block 22 in the "Original Plat on the East side of the Cedar River, City of Waterloo", point being a found 1/2" rebar with license #8033; thence along the Southeasterly line of said Block 22 in the "Original Plat on the East side of the Cedar River, City of Waterloo", also being the Northwesterly line of East 8'h Street and along the Southeasterly line of Acquisition Plat dated 11/8/2002 recorded in File #2003-00025496 in the Office of the Black Hawk County Recorder South 40°43' West a distance of 334.75 feet to a set 1/2" rebar with license #6505; thence North 48°42 West a distance of 207.8 feet to a set'//" rebar with license #6505; thence North 39°33' West a distance of 102.55 feet to a set'/z" rebar with license #6505; thence North 48°55 West a distance of 82.45 feet to a set 1/2" rebar with license #6505; thence North 73°54' West a distance of 104.5 feet to a set 12" rebar with license #6505; thence North 49°30' West a distance of 17.5 feet to Southwesterly extension of Plat of Survey dated 3/17/2006 recorded in Fee Book #2006 23029 in the Office of the Black Hawk County Recorder, point being a set 1/2" rebar with license #6505; thence along said Southwesterly extension North 40°483/4' East a distance of 87.6 feet to the Southwesterly corner of said Plat of Survey recorded in Fee Book #2006 23029, also being on the Southeasterly right-of-way line of the Union Pacific Railroad, point being a found 1/2" rebar; thence along the Northwesterly line of said Plat of Survey recorded in Fee Book #2006 23029, also being along said Southeasterly right-of-way line of the Union Pacific Railroad North 40°483/4' East a distance of 271.8 feet to the Southwesterly right-of-way of Sycamore Street, point being a set 1/2" rebar with license #6505; thence along said Southwesterly right-of-way of Sycamore Street South 49°07'07" East a distance of 124.5 feet to the Easterly corner of Lot 1 in said Block 1 of the "Original Plat on the East side of the Cedar River, City of Waterloo", also being the Northerly corner of Vacated East 71h Street, point being a found 11/4" square iron bar; thence along the Northeasterly line of said Vacated East 71h Street South 49°32' East a distance of 79.95 feet to the Northerly corner of Lot 2 in said Block 22 of the "Original Plat on the East side of the Cedar River, City of Waterloo", point being a found 1/2" rebar with license #7034; thence along the Southwesterly right-of-way line of said Sycamore Street South 49°041/4' East a distance of 149.7 feet to the Northerly comer of Lot 1 of said Block 22 of the "Original Plat on the East side of the Cedar River, City of Waterloo", point being a found 12 rebar with license #3862; thence along said Southwesterly right-of-way line of Sycamore Street South 49°061/2' East a distance of 149.1 feet to the point of beginning. Containing 3.82 acres. Subject to restrictions, easements, covenants, ordinances, and limited access provisions of record and not of record. Note: The Northeasterly line of Lot 1 in said Block 1 of the "Original Plat on the East side of the Cedar River, City of Waterloo" is assumed to bear South 49°07'07" East for this description. SHEET 3 OF 5 t , ` fir% b .\ . Mgr Request for a Vacate of the Existing Utility Easement Located on E 7th Street Southeast of Sycamore Street REQUEST: APPLICANT: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USES: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: DEVELOPMENT HISTORY: BUFFERS/ SCREENING REQUIRED: DRAINAGE: FLOODPLAIN INFORMATION: PUBLIC/OPEN SPACES/SCHOOLS: March 6, 2012 TO VACATE THE EXISTING EASEMENTS LOCATED WITHIN THE AREA BOUNDED BY THE CEDAR RIVER AND SYCAMORE STREET, AND E 8TH STREET AND THE RAILROAD TRACKS, TO ALLOW FOR THE CONSTRUCTION OF A MULTI -FAMILY HOUSING DEVELOPMENT, AND TO DEDICATE NECESSARY EASEMENTS. Dolly James, LLC, 401 Main Street, Cedar Falls, Iowa 50613. The applicant is proposing the easement vacate in order to construct six new 12 -unit housing units with accompanying garages on the property. Once vacated, the applicant will then dedicate new easements on the property. The request would not have a negative effect on the area, as the easement vacate will not affect any existing utilities, as the applicant will dedicate new easements. The surrounding area has a mix of homes and commercial businesses, as it is located adjacent to the Central Business District. The easement vacate would not have a negative impact on traffic, however the proposed use (multi -family housing) would appear to cause an increase in traffic in the area. Sycamore Street is classified as a Collector Street on the Street Classification Map, and based on the surrounding street network, the area would appear to adequately support a development such as this. There is currently a sidewalk adjacent to this property, and it would remain after the development of the housing units. The Downtown River Loop Trail is located along the Cedar River is located directly to the south. The property in question is zoned "R-4, R -P" Planned Multiple Residence District, and has been zoned as such since 04/17/06. Previously, the property was zoned "M-1" Light Industrial District. Properties to the north and west are zoned "C-3" Central Business District, while properties to the east are zoned "C-2" Commercial District and "M-1" Light Industrial District. The buildings on the property were constructed in the early 1900's, and will be demolished to make room for the proposed housing development. There would not be any screening requirements for this development, although landscaping will be required per the Zoning Ordinance. There are no known drainage problems for the site. The property is located within Zone X — Protected by Levee as indicated by the Flood Insurance Rate Map No. 190025 301F. The Cedar River is located adjacent to the south, as well as the 03-06-12 Sycamore St Condos Easement Vacate-Dedicate.doc Page 1 of 2 UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC: RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: March 6, 2012 Cedar River Recreational Trail. There is a 10" sanitary sewer line located within Sycamore Street, as well as a 12" water line. There is also a 15" storm sewer within Sycamore Street, which starts as the intersection of E 7th Street, and goes southeast. There is also a sanitary sewer located within vacated E 7th Street, and along the levee of the Cedar River, as well as a water line as well. An easement will need to be maintained over those utilities still located within vacated E 7th Street and along the levee system. The Future Land Use Map (February 3, 2003) designates this site as Semi -Public, Utilities, and Hospitals. The site plan amendment would allow for a new multi -family housing development. Although the request would not appear to be compatible with the designation of the site, the request would be in conformance with the goals and policies of the Comprehensive Plan, including the policy to continue to support infill development in the community as an alternative to other types of urban expansion. The site is located within the Primary Growth Area. The applicant is proposing the easement vacate in order to construct six new 12 -unit dwelling units. The existing easement is located over the entire area of vacated E 7th Street, as there is existing sewer and water located within that area. Also, it is an access easement for the City to gain access to the pump station that is located at the end of E 7th Street along the Cedar River. The request to vacate would eliminate the easement over the entire area, and the applicant has supplied a new legal description to dedicate new easements where the sewer and water still are located. Essentially, the easement is being reduced in size in order to make room for the construction of the new buildings. The applicant is not proposing to subdivide the property at this time. Therefore, staff recommends the request to vacate the easement and dedicate the new easements be approved for the following reasons: 1. The request would appear to have a positive impact on the area, by redeveloping an unused property. 2. The request would be in conformance with the Comprehensive Plan, and would be a good infill development that would utilize existing utilities and services. 3. The request would appear to meet all requirements of the Zoning Ordinance. 03-06-12 Sycamore St Condos Easement Vacate-Dedicate.doc Page 2 of 2 CITY OF WATERLOO Council Communication City Council Meeting: March 26, 2012 Prepared: March 16th, 2012 Dept. Head Signature: Dan Trelka, Director of Safety Services # of Attachments: Silver Eagle Harley Davidson/Buell FLHPI Lease Agreement SUBJECT: Request authorization to least two 2010 Harley-Davidson police motorcycles for a period of twelve months from Silver Eagle Harley-Davidson/Buell. Submitted by: Dan Trelka, Director of Safety Services Recommended City Council Action: Grant permission for the Police Department/City of Waterloo to least two 2010 Harley-Davidson Police FLHP motorcycles. Summary Statement: This is a one year lease to continue the motorcycle patrol that the Police Department uses during the summer months. Expenditure Required: Yes Source of Funds: General Funds Policy Issue: None Alternative: The Police Department does not own police motorcycles, without the lease there would be no motorcycle patrol enforcement. Background Information: None CITY OF WATERLOO Council Communication City Council Meeting: 03/26/12 Prepared: 03/20/12 Dept. Head Signature: PH # of Attachments: 0 SUBJECT: Resolution -to approve and authorize Mayor Clark to sign a Black Hawk County Gaming Association Grant Application. The application will be for $50,000. A copy of the grant request is available for review at the Leisure Services Office. Submitted by: Mark Gallagher, Sports Manager Recommended City Council Action: Pass said Resolution Summary Statement: This project will allow us to implement an extensive marketing program for the operation of the new Cedar Valley SportsPlex. Expenditure Required: 0 Source of Funds: NA Policy Issue: NA Alternative: NA Background Information: The Cedar Valley SportsPlex is expected to be open for business late in 2013. A professional marketing plan is needed to ensure a successful opening of the operation. CITY OF WATERLOO Council Communication City Council Meeting: March 26, 2012 Prepared: March 20, 2012 Dept. Head Signature: PH # of Attachments: SUBJECT: 2012 SULLIVAN PARK SHELTER PROJECT Submitted by: Rick Curran, Facilities Manager, Leisure Services Recommended City Council Action: Request Council adopt resolution transmitting Contracts, Bonds and Certificates of Insurance from B & B Builders & Supply, Waterloo Iowa for the 2012 SULLIVAN PARK SHELTER PROTECT, East Fourth & Adams Street, Waterloo, and approve and authorize the Mayor to sign Contract between City of Waterloo & B & B Builders & Supply. Summary Statement: This project is to construct an octagon shelter at Sullivan Park, East 4th Street & Adams Street, Waterloo Iowa. Expenditure Required: $51,956.00 Source of Funds: Project cost will be funded by a combination of Leisure Services -Park Improvement, G.O. Bond Fund and Waterloo Community Development Block Grant. Policy Issue: NA Alternative: NA Background Information: Waterloo Community Development Block Grant contract signed July 1, 2011 in the amount of $27,500.00, with completion date June 30, 2012. Council awarded Project March 19, 2012. Leos- ossoC, ctitte THE CITY COUNCIL OF THE CITY OF WATERLOO, Kogia,- G(•N 15) IOWA, REGULAR SESSION TO BE HELD AT THE CITY HALL COUNCIL CHAMBERS, 5:30 P.M. /1� 090101015> MONDAY, MARCH 19, 2012 V' CITY OF WATERLOO GOALS 1. Support economic development efforts that attract, retain and create quality jobs resulting in a diverse economic base and increased population. 2. Continue to support implementation of the Downtown Master Plan. 3. Facilitate and promote the development of housing options to meet the needs of current and future Waterloo citizens. 4. Develop a customer -centered service delivery approach. 5. Seek additional opportunities to share services and resources with other government entities. 6. Collaborate with statewide elected officials to reduce the burden on local property taxes. 7. Address the changing public workforce needs in Waterloo. 8. Enhance and protect a diverse, family-oriented community where neighborhoods are safe and well maintained. 9. Enhance the quality of place opportunities for the citizens of our community. General Rules for Public Participation 1. Although not required by city code of ordinances, oral presentations may be allowed at the chair/presider's (usually the Mayor or Mayor Pro Tem) discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. A speaker may speak to one (1) issue per meeting for a maximum of three (3) minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 2. At the chair/presider's discretion, you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation (if appropriate) and speak clearly into the microphone. 3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow everyone who wishes to address the council, using the same participation guidelines found in these "general rules". 4. You may speak one (1) time per item for a maximum of three (3) minutes. 5. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 7. Citizens are encouraged to register with the Clerk's Office by 5:00 p. m. on Monday of the day of the City Council meeting to appear before the City Council (may also register by phone). Registered speakers will be given first priority. Roll Call. Moment of Silence. Pledge of Allegiance: Dan Trelka, Director of Safety Services. March 19, 2012 Page 2 Agenda, as proposed or amended. Minutes of March 12, 2012, Regular Session, as proposed. Presentation of check in the amount of $20,000.00 from MidAmerican Energy for the Trees Please! Program. Presentation of Basketball Character Counts Coach of the Year to: Kelly Martin, Toney Graves, Riley Ubben and Ben Brustkern and Player of the Year to Karissa Bottema and Shannon Jones Jr. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) a. Resolution to approve the following: 1. Bills Payment, Schedule AP642, a copy of which is on file in the office of the City Clerk. b. Motion to approve the following: 1. 2. 3. 4. Travel Requests Name & Title of Personnel Class/ Meeting Destination Date(s) Amount not to exceed Aric Schroeder, City Planner 2012 Cedar Valley Coalition Washington, D.C. February 26-29, 2012 $2,375.09 Suzy Schares, City Clerk; Cheryl Huddleston, Human Resources Manager; Nikki Fischels, Clerk H Payroll 2012 Iowa Employment Training & Benefits Conference Altoona, Iowa April 25- 26, 2012 $686.49 Michelle Weidner, Chief Financial Officer Economic Development Financing Live Audio Conference March 27, 2012 $200.00 Update Paul Huting, Leisure Services Director; Todd Denfield, City Forester Iowa Park and Recreation Spring Conference Waterloo, Iowa April 1-4, 2012 $450.00 March 19, 2012 5. 6. 7. 8. 9. 10. Page 3 Chris Dolan, Arena Manager; Joel Schares, Assistant Arena Manager; Jake Schaefer, Recreation Specialist Iowa Park and Recreation Spring Conference Waterloo, Iowa April 3, 2012 $330.00 Mark Gallagher, Sports Manager; Alex Hildman, Recreation Specialist Iowa Park and Recreation Spring Conference Waterloo, Iowa April 1-4, 2012 $450.00 Bob Etringer, Sports Programmer Iowa Park and Recreation Spring Conference Waterloo, Iowa April 1-4, 2012 $255.00 JB Bolger, Golf Manager Iowa Park and Recreation Spring Conference Waterloo, Iowa April 1-4, 2012 $225.00 Matthew Chesmore, Rehabilitation/ Relocation Specialist Healthy Homes Practitioners Course Moravia, Iowa May 13- 16, 2012 $1,075.00 Steven Sturtz, Permit Writer Permit Technician Exam Des Moines, Iowa April 17, 2012 $180.00 Class C Liquor License Permit Application 11. Tokyo Japenese Steakhouse, Inc., 126 E. Ridgeway Avenue (Renewal) (Expires 2/ 13/ 13) (Includes Sunday Sales) RESOLUTIONS j.v2. 3. Resolution approving Transportation Enhancement Agreement with Iowa Department of Transportation for construction of the Lou Henry Hoover Memorial Sculpture Garden covering 80% of total cost of eligible items up to a maximum of $145,000.00. Submitted by Eric Thorson, PE, City Engineer Resolution approving Supplemental Agreement No. 1 with JDE Engineering - n. - an- -amount -not to -exceed $1j-900.00 for -professional- services for F.Y. 2012 Geraldine Road - Phase II, Contract No. 821 (RM - 8155(727) -9D-07); and authorize Mayor to execute said document. Submitted by Jeff Bales, Associate Engineer March 19, 2012 flY Page 4 Resolution approving Contract, Bonds and Certificate of Insurance with Croell and Subsidiary of New Hampton, Iowa in the amount of $3,128,212.67 for F.Y. 2012 West Shaulis Road/Ansborough Avenue, Contract No. 784; and authorize Mayor and City Clerk to execute said documents. Submitted by Eric Thorson, PE, City Engineer Resolution approving Amendment Number 1 to Grant Agreement with Federal Aviation Administration for the Rehabilitation of Runway 12/30 at the Waterloo Regional Airport by removing Runway Friction Equipment (FME) verbage from the grant due to equipment not being purchased; and authorize Mayor and City Clerk to execute said documents. Submitted by Bradley Hagen, Airport Director Resolution approving recommendation of award of contract to Aspro, Inc. of Waterloo, Iowa in the amount of $89,075.00 for the 2012 Highland Park Basketball & Tennis Court Project. Submitted by Rick Curran, Leisure Services Facilities Manager Resolution approving recommendation of award of contract to B & B Builders & Supply of Waterloo, Iowa in the amount of $51,956.00 for the 2012 Sullivan Park Shelter Project. Submitted by Rick Curran, Leisure Services Facilities Manager 8. Resolution approving recommendation of award of contract to The Louis Berger Group, Inc. of Marion, Iowa in the amount of $56,248.00 for Downtown Historic Survey Services in connection with Public Assistance (PA) Demolition Activities of the Hazard Mitigation Grant Program (HMGP) Property Acquisition Project. Submitted by Aric Schroeder, City Planner Resolution approving an agreement in the acceptance of a Black Hawk County Gaming Association Grant in the amount of $55,000.00 to be used in funding marketing at the Public Market, with a cash match of $11,605.00; and authorize Mayor to execute said document. Submitted by Mark Rice, Public Works Director 10. Resolution approving Memorandum of Understanding with Iowa ortknd Regional-Council—of Governments (INRCOG) and the Black Hawk County Board of Supervisors in an in-kind match amount of $3,913.50 for grant writing services for development of a Multi -Jurisdictional Hazard Mitigation Plan for the County and participating City entities; and authorize Mayor and City Clerk to execute said document. Submitted by Aric Schroeder, City Planner 9. March 19, 2012 11. ktu Page 5 Resolution setting date of hearing as April 9, 2012 to approve request of Croell Readi Mix Inc. for a site plan amendment to the "M -2,P" Planned Industrial District for property generally located at 4802 Sergeant Road for the purpose of constructing a temporary redi-mix batch plant on the property for a period of 24 months; and instruct City Clerk to publish notice. Submitted by Noel Anderson, Community Planning & Development Director OTHER COUNCIL BUSINESS__ c 12. UV Disinfection Project, Contract No. 817 Motion to instruct Superintendent of Waste Management Services to prepare plans, specifications, form of contract, etc. Motion to receive and file plans, specifications, form of contract, etc. Resolution preliminarily approving plans, specifications, form of contract, etc. 1.6 Resolution setting date of hearing and bid opening as April 23, 2012 and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. Submitted by Larry N. Smith, Superintendent of Waste Management Services 13. F.Y. 2012 Street Reconstruction Program, Contract No. 819 Motion to instruct City Engineer to prepare plans, specifications, form of contract, etc. JfrMotion to receive and file plans, specifications, form of contract, etc. 9,4(1 Resolution preliminarily approving plans, specifications, form of contract, etc. Resolution setting date of hearing and bid opening as April 2, 2012 and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. Submitted by Eric Thorson, PE, City Engineer ORAL PRESENTATIONS Motion to receive and file oral comments. Motion--to-adjourn- to Executive Session. EXECUTIVE SESSION 14. Discussion of acquisition of property pursuant to Iowa Code Section 21.5(1)(j)(2011). Motion to adjourn Executive Session. March 19, 2012 ADJOURNMENT Motion to adjourn. Page 6 Suzy Schares City Clerk MEETINGS Monday, March 19, 2012 4:50 p.m. - Public Safety Committee, Council Chambers 4:55 p.m. - Human Resources Committee, Council Chambers 5:00 p.m. - Finance Committee, Council Chambers PUBLIC INFORMATION 1. Waterloo Leisure Services Commission meeting minutes of February 14, 2012 on file in the City Clerk's office. CONTRACT PAYMENT SCHEDULE 1. F.Y. 2011 Downtown Waufinding Signage, Contract No. 783 Pay estimate No. 2 to KWS Inc. in the total amount due of $14,672.88. 2. F. Y. 2010 Riverfront Renaissance Lower Plaza, Contract No. 763 Pay estimate No. 37 to Peterson Contractors in the total amount due of $15,567.30. 3. F. Y. 2011 River Renaissance North Downtown Trail, Contract No. 786 Pay estimate No. 19 to Vieth Construction in the total amount due of $13,799.70. 4. F. Y. 2010 Cedar River Water Trail (Portages), Contract No. 734 Pay estimate No. 29 to Vieth Construction in the total amount due of $2, 759.75. 5. Cedar River Enhancement Projects Design Engineering Payment to AECOM in the total amount due of $4,231.65. Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: March 26, 2012 Prepared: March 21, 2012 du_r:att____— Dept. Head Signature: # of Attachments: /0 SUBJECT: Lease Agreement — property located on Riverside Drive just east of 727 Riverside Drive — George A. Ryan and Loretta R. Ryan. Submitted by: Aric Schroeder, City Planner Recommended City Council Action: Approval Summary Statement: Transmitted herewith is the request that the City approve a lease agreement with George A. Ryan and Loretta R. Ryan for property located on Riverside Drive just east of 727 Riverside Drive. Ryan's are the owners of 727 Riverside Drive, which is abutting the land to be leased from the City, which was acquired through the Hazard Mitigation Grant Program (HMGP) Property Acquisition Project (flood buyout). Therefore, staff would request that the City Council approve the lease agreement with George A. Ryan and Loretta R. Ryan, to use and occupy the land in question. Expenditure Required: None. Source of Funds: N/A Policy Issue: Property Management Alternative: Background Information: The property in question is deed restricted and must be owned and maintained by the City of Waterloo as green space. The City of Waterloo is allowed to lease buyout property, as long as the terms of the lease are not in conflict with the deed restrictions. The proposed lease indicates a requirement that the lessee shall not use the property in any manner that is contrary to the deed restrictions, and a copy of the deed restrictions have been added as an exhibit to the lease. The lease is proposed at a rate of $1.00 per year, and the initial term of the lease is until December 31, 2012. It is anticipated that if both parties are in agreement, future renewal periods could have longer terms. Lease of the CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer property will allow the applicant to use the area as an extension of their existing yard, and requires that the lessee be responsible for all maintenance, including mowing the grass and snow removal. Because of the deed restrictions the property is unbuildable, and leasing it will avoid the City from having to pay to do mowing and snow removal. Legal Description: See attached Exhibit "A". cc: Noel Anderson, Community Planning & Development Director --file-- Lease of City Property East of 727 Riverside Drive 727 Riverside Drive LEASE AGREEMENT for CITY -OWNED PROPERTY This Lease Agreement (the "Agreement") is made and entered into this day of , 2012, by and between the City of Waterloo, Iowa (hereinafter referred to as "City"), and e, 4. RyAiy L aie err R i Y 4 ni (hereinafter referred to as "Lessee"). 1. The City agrees to allow the Lessee to use and occupy City property (the "Property") located on Riverside Drive just east of 727 Riverside Drive ("Lessee's Property"). The Property is known as assessor parcel nos. 891315451008 and part of 891315451009 and legally described in Exhibit "A" attached hereto and made a part hereof by this reference. Lessee shall use the Property only for activities incidental and customarily accessory to the use of their abutting residential property and as further allowed per the description in paragraph 4 below, and shall not use the Property for any other purpose whatsoever. 2. The City agrees to allow Lessee to use and occupy the Property for a term commencing on the day of , 2012, and terminating on the 31St day of December , 2012. The City agrees to lease the Property to the Lessee for the sum of $1.00 per year, payable in advance upon commencement of the lease term. 3. The City may terminate this Agreement, as to any part or all of the Property, upon thirty (30) days' written notice for any reason. Lessee may terminate this Agreement, in whole but not in part, upon thirty (30) days' written notice to the Waterloo Community Planning and Development Department (the "Department"). Upon termination of this Agreement for any reason, any improvements made to or upon the Property shall, unless removed by Lessee before the termination date, become the sole property of City, to be used, sold, destroyed or otherwise handled by City at its sole discretion. 4. Lessee agrees to maintain the Property, including but not limited to all required mowing and snow removal on the public sidewalk adjoining the Property along Riverside Drive. This will include reseeding and fertilizing when necessary. Lessee agrees to maintain the Property as a grass area only with any reseeding to be done with bluegrass grass seed only, or other seed approved in advance by the Department. Lessee may establish and maintain a garden on the Property in accordance with plans approved in advance by the Department, and may use the Property for private (non-commercial) recreational purposes, including but not limited to activities such as private recreational fires that meet the requirements of city ordinances, picnics, camping, etc. 5. The Property was acquired by the City through a Hazard Mitigation Grant Program (HMGP) with the Federal Emergency Management Agency (FEMA) and Iowa Homeland Security & Emergency Management Division (IHSEMD). As required by the HMGP, deed restrictions limit the use and maintenance of the Property. A copy of said deed restrictions are attached as Exhibit "B" hereto and made a part hereof by this reference. 1 Lessee shall not use the Property in any manner that is contrary to said deed restrictions. The Lessee shall not construct, place, or allow to be placed any buildings or structures except any incidental park -type structures that are individually and specifically approved in writing, in advance, by the Department. 6. In consideration of the rights and privileges granted to Lessee under this Agreement, Lessee hereby agrees to indemnify and hold the City harmless for any and all liability, claims, demands, actions, causes of action, and/ or damages whatsoever, including but not limited to reasonable attorneys' fees, to any person or property which may arise out of or are in any way connected, whether directly or indirectly, with use of the Property by Lessee, its employees, agents or invitees, in any manner, and shall further indemnify the City for any damage to the Property caused by Lessee, its employees, agents or invitees. 7. Lessee shall, at its own expense, procure and maintain insurance in the minimum amount of $500,000 per occurrence, covering liability arising from the acts or omissions of Lessee, its employees, agents and invitees, and shall protect the City against such claims, damages, costs or expenses, including but not limited to reasonable attorneys' fees, on account of injury to any person or persons, or to the property of same, by reason of such casualty, accident or other occurrence on or about the Property during the term of this Agreement. Proof of insurance shall be delivered to City no later April 1, 2012, and for every year that the Agreement is renewed Lessee shall provide proof of continuing coverage before expiration of the policy. The City shall provide no insurance for the specific benefit of the property or activities of the Lessee, its agents, employees or invitees. 8. In the event any other person acquires a right of ingress and egress across the Property with prior written consent of the City, Lessee agrees to be responsible for any additional maintenance which may be necessary, at no cost to the City. 9. Lessee shall comply with all applicable environmental laws concerning application, storage and handling of chemicals (including, without limitation, herbicides and insecticides) and fertilizers. Lessee shall apply any chemicals used for weed or insect control at levels not to exceed the manufacturer's recommendation for the soil types involved. Chemicals may not be stored 011 the Property. Chemicals used on the Property shall be stored in clearly marked, tightly closed containers. No chemicals or chemical containers will be disposed of on the Property. Application of chemicals for lawn or garden purposes per manufacturer's recommendation shall not be construed to constitute disposal. Lessee shall immediately notify City of any chemical discharge, leak, or spill which occurs on the Property. Lessee shall employ all means appropriate to insure that contamination does not occur, and shall be responsible to follow all applicator's licensing requirements. Lessee shall properly post all fields (when posting is required) whenever chemicals are applied. Lessee shall not dispose of any substances, including but not limited to waste oil, tires, batteries, paint, other chemicals or containers, anywhere on the Property. Solid waste may 2 not be disposed of on the Property. No underground storage tanks shall be placed or maintained on the Property. After termination, Lessee shall remain liable for violations which occurred during the term of this Agreement. 10. The City may enter the Property at any reasonable time for the purpose of consulting with Lessee, viewing the Property, making improvements, or for other reasonable purposes that do not interfere with Lessee's ability to use the Property as provided herein. 11. Lessee shall not lease or sublet any part of the Property nor assign this Agreement to any other person without the prior written permission of the City. This Agreement is personal to Lessee, shall automatically terminate upon any voluntary or involuntary transfer of title to the Lessee's Property, and shall not transfer to any subsequent transferee of Lessee's Property, provided that a transferee shall have a right of first refusal to lease the Property from City, should City desire to lease the Property. 12. Lessee agrees that on termination of the Agreement, Lessee will yield possession of the Property to City without further demand or notice, in as good order and condition as at the beginning of the term of this Agreement. Loss or damage by forces beyond Lessee's control and ordinary wear and tear are excepted. 13. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between City and Lessee nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 14. If Lessee fails to observe any term or condition of this Agreement, it shall be in default of this Agreement, and City may then exercise any and all legal remedies available under applicable law. In the event of default Lessee shall be liable for any and all damage or loss suffered or incurred by City, including but not limited to reasonable attorneys' fees and expenses incurred in connection with the exercise of any right or remedy by City. 15. Any notice under this Agreement shall be in writing and shall be delivered in person or by United States certified mail, postage prepaid, and addressed to the other party at its last known address. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, or (ii) three (3) business days following the date of deposit if mailed by United States certified mail, postage prepaid. 16. This Agreement contains the entire Agreement between the parties. None of the covenants, provisions, terms of conditions of this Agreement will be in any manner modified, waived, or abandoned, except by written instrument duly signed by both parties. This Agreement is binding upon and shall inure to the benefit of the parties and their respective heirs, personal representatives, successors and assigns. 3 IN WITNESS WHEREOF, the parties have executed this Lease Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO By: Mayor Attest: City Clerk CITY'S ACKNOWLEDGMENT: LESSEE qpt'Pl By: 7era� a STA I'E OF IOWA, BLACK HAWK COUNTY, SS: On this day of , 2012, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared and to me personally known, who, before by me duly sworn, did say that they are the MAYOR and CITY CLERK, respectively, of said City executing the within and foregoing instrument to which this is attached, that the seal affixed thereto is the seal of said City; that said instrument was signed and sealed on behalf of said City by authority of its City Council; and that the said MAYOR and CITY CLERK, acknowledged the execution of said instrument to be the voluntary act and deed of said City, by it and by them voluntarily executed. Notary Public LESSEE'S ACKNOWLEDGMENT STA I'E. OF IOWA, BLACK HAWK COUNTY, SS: Ackn wledged , before me on (\( (1' oil 1 L , 2012, by 6 eo w,4- t n,-, t c t. Notary Public 4 p.,(z EXHIBIT "A" LEGAL DESCRIPTION Lots Nos. 3 and 4 in Block No. 7 in Division "A", Cedar River Park, Waterloo, Iowa; And A part of Division "C" in Cedar River Park in Waterloo, Iowa, described as follows, to -wit: Commencing at the Northwest corner of Lot No. 4 in Block No. 7 in Division "A" in Cedar River Park, Waterloo, Iowa, thence running North along an extension of the West line of said Lot No. 4 to its intersection with a Westerly extension of the North line of Lot No. 4 in Block 36 in Auditor Rainbows Cedar River Park Plat No. 2; thence running Easterly along the extension of the North line of Lot No. 4 in said Block 36 approximately 80 feet to its intersection with a Northerly extension of the East line of Lot No. 3 in said Block No. 7; thence Southerly along the extension of the East line of said Lot No. 3 to the Northeast corner of Lot No. 3 in said Block No. 7; thence Westerly and Southwesterly along the Northerly lines of Lots Nos. 3 and 4 in said Block No. 7 to place of beginning. 5 EXHIBIT "B" Deed Restriction Addendum Hazard Mitigation Assistance (HMA) Program In reference to the property or properties ("Property") conveyed by the Deed between the property owners indicated below who are participating in the federally -assisted acquisition project ("the Grantor") and the City of Waterloo, Iowa ("the Grantee"), its successors and assigns: WHEREAS, The Robert T. Stafford Disaster Relief and Emergency Assistance Act, ("The Stafford Act"), 42 U.S.C. § 5121 et seq., identifies the use of disaster relief funds under § 5170c, Hazard Mitigation Grant Program ("HMGP"), including the acquisition and relocation of structures in the floodplain; and WHEREAS, the mitigation grant program provides a process for a local government, through the State, to apply for federal funds for mitigation assistance to acquire interests in property, including the purchase of structures in the floodplain, to demolish and/or remove the structures, and to maintain the use of the Property as open space in perpetuity; and WHEREAS, the State of Iowa has applied for and been awarded such funding from the Department of Homeland Security, Federal Emergency Management Agency ("FEMA") and has entered into a mitigation grant program Grant Agreement dated June 6, 2008, with FEMA and herein incorporated by reference; making it a mitigation grant program grantee; and WHEREAS, the Property is located in the City of Waterloo, Iowa, and the City of Waterloo, Iowa, participates in the National Flood Insurance Program ("NFIP") and is in good standing with NFIP as of the date of the Deed; and WHEREAS, the City of Waterloo, Iowa, has applied for and been awarded federal funds pursuant to an agreement with the State of Iowa dated August 11, 2009 ("State -Local Agreement"), and herein incorporated by reference, making it a mitigation grant program subgrantee; and WHEREAS, the terms of the mitigation grant program statutory authorities, Federal program requirements consistent with 44 C.F.R. Part 80, the Grant Agreement, and the State -local Agreement require that the Grantee agree to conditions that restrict the use of the land to open space in perpetuity in order to protect and preserve natural floodplain values; NOW, THEREFORE, the grant is made subject to the following terms and conditions: 1. Terms. Pursuant to the terms of the HMG program statutory authorities, Federal program requirements consistent with 44 C.F.R. Part 80, the Grant Agreement, and the State -local Agreement, the following conditions and restrictions shall apply in perpetuity to the Property described in the attached deed and acquired by the Grantee pursuant to FEMA program requirements concerning the acquisition of property for open space: s a. Compatible uses. The Property shall be dedicated and maintained in perpetuity as open space for the conservation of natural floodplain functions. Such uses may include: parks for outdoor recreational activities; wetlands management; nature reserves; cultivation; grazing; camping (except Where adequate warning time is not available to allow evacuation); unimproved, unpaved parking lots; buffer zones; and other uses consistent with FEMA guidance for open space acquisition, Hazard Mitigation Assistance, Requirements for Property Acquisition and Relocation for Open Space. b. Structures. No new structures or improvements shall be erected on the Property other than: I i. A public facility that is open on all sides and functionally related to a designated open space or recreatidnal use; ii. A public rest room; or iii. A structure that is compatible with open space and conserves the natural function of the floodplain, including the uses described in Paragraph 1.a., above, and approved by the FEMA Administrator in writing before construction of the structure begins. Any improvements on the Property shall be in accordance with proper floodplain management policies and practices. Structures built on the Property according to paragraph b. of this section shall be floodproofed or elevated to at least the base flood level plus 1 foot of freeboard, or greater, if required by FEMA, or if required by any State, Tribal, or local ordinance, and in accordance with criteria established by the FEMA Administrator. c. Disaster Assistance and Flood Insurance. No Federal entity or source may provide disaster assistance for any purpose with respect to the Property, nor may any application for such assistance be made to any Federal entity or source. The Property is not eligible for coverage under the NFIP for damage to structures on the property occurring after the date of the property settlement, except for pre-existing structures being relocated off the property as a result of the project. d. Transfer. The Grantee, including successors in interest, shall convey any interest in the Property only if the FEMA Regional Administrator, through the State, gives prior written approval of the transferee in accordance with this paragraph. i. The request by the Grantee, through the State, to the FEMA Regional Administrator must include a signed statement from the proposed transferee that it acknowledges and agrees to be bound by the terms of this section, and documentation of its status as a qualified conservation organization if applicable. ii. The Grantee may convey a property interest only to a public entity or to a qualified conservation organization. However, the Grantee may convey an easement or lease to a private individual or entity for purposes compatible with the uses described in paragraph (a), of this section, with the prior approval of the FEMA Regional Administrator, and so long as the conveyance does'not include authority to control and enforce the terms and conditions of this section. 2 iii. If title; to the Property is transferred to a public entity other than one with a conservation mission, it must be conveyed subject to a conservation easement that shall be recorded with the deed and shall incorporate all terms and conditions set forth in this section, including the easement holder's responsibility to enforce the easement. This shall be accomplished by ,one of the following means: 4 a) Thi Grantee shall convey, in accordance with this paragraph, a conservation easement to an entity other than the title holder, which shall be recorded with the deed, or b) At the time of title transfer, the Grantee shall retain such conservation easement, and record it with the deed. iv. Conveyance of any property interest must reference and incorporate the original deed restrictions providing notice of the conditions in this section and must incorporate a provision for the property interest to revert to the State, Tribe, or local government in the event that the transferee ceases`to exist or loses its eligible status under this section. 2. Inspection. FEMA, its representatives and assigns including the State or Tribe shall have the right to enter upon the Property, at reasonable times and with reasonable notice, for the purpose of inspecting the Property to ensure compliance with the terms of this part, the Property conveyance and of the grant award. 3. Monitoring and Reporting. Every three years after the date this deed is recorded, the Grantee (mitigation grant program subgrantee), in coordination with any current successor in interest, shall submit through the State to the FEMA Regional Administrator a report certifying that the Grantee has inspected the Property within the month preceding the report, and that the Property continues to be maintained consistent with the provisions of 44 C.F.R. Part 80, the property conveyance, and the grant award. 4. Enforcement.; The Grantee (mitigation grant program subgrantee), the State, FEMA, and their respective representatives, successors and assigns, are responsible for taking measures to bring the Property back into compliance if the Property is not maintained according to the terms of 44 C.F.R. Part 80, the property conveyance, and the grant award. The relative rights and responsibilities of FEMA, the State, the Grantee, and subsequent holders of the property interest at the time of enforcement, shall include the following: a. The State` will notify the Grantee and any current holder of the property interest in writing and advise them that they have 60 days to correct the violation. i. If the Grantee or any current holder of the property interest fails to demonstrate a good faith effort to come into compliance with the terms of the grant within the 60 -day period, the State shall enforce the terms of the grant by taking any measures it deems appropriate, including but not limited td bringing an action at law or in equity in a court of competent jurisdiction. ii. FEMA; its representatives, and assignees may enforce the terms of the grant by taking any measures it deems appropriate, including but not limited to 1 or more of the following: 3 a) Withholding FEMA mitigation awards or assistance from the State or Tribe, and Grantee; and current holder of the property interest. b) Requiring transfer of title. The Grantee or the current holder of the property interest shall bear the costs of bringing the Property back into compliance with the terms of the grant; or c) Bringing an action at law or in equity in a court of competent jurisdiction against any or all of the following parties: the State, the Tribe, the local community, and their respective successors. 5. Amendment. :This agreement may be amended upon signatures of FEMA, the State, and the Grantee only to the extent that such amendment does not affect the fundamental and statutory purposes underlying the agreement. 6. Severability. z Should any provision of this grant or the application thereof to any person or circumstance be found to be invalid or unenforceable, the rest and remainder of the provisions of this grant and their application shall not be affected and shall remain valid and enforceable. GRANTORS GRANTEE City of Waterloo, Iowa sif"f•-\./ Sandra A. Schipper By: Paul H. Schipper 4 Title: (cLy �llf G� �teo� Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: March 26, 2012 Prepared: March 21, 2012 Dept. Head Signature: # of Attachments: /0 SUBJECT: Lease Agreement — property located on Riverside Drive just south of 509 Riverside Drive — Darlyne Yagla. Submitted by: Aric Schroeder, City Planner Recommended City Council Action: Approval Summary Statement: Transmitted herewith is the request that the City approve a lease agreement with Darlyne Yagla for property located on Riverside Drive just south of 509 Riverside Drive. Yagla is the owner of 509 Riverside Drive, which is abutting the land to be leased from the City, which was acquired through the Hazard Mitigation Grant Program (HMGP) Property Acquisition Project (flood buyout). Therefore, staff would request that the City Council approve the lease agreement with Darlyne Yagla, to use and occupy the land in question. Expenditure Required: None. Source of Funds: N/A Policy Issue: Property Management Alternative: Background Information: The property in question is deed restricted and must be owned and maintained by the City of Waterloo as green space. The City of Waterloo is allowed to lease buyout property, as long as the terms of the lease are not in conflict with the deed restrictions. The proposed lease indicates a requirement that the lessee shall not use the property in any manner that is contrary to the deed restrictions, and a copy of the deed restrictions have been added as an exhibit to the lease. The lease is proposed at a rate of $1.00 per year, and the initial term of the lease is until December 31, 2012. It is anticipated that if both parties are in agreement, future renewal periods could have longer terms. Lease of the CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer III property will allow the applicant to use the area as an extension of their existing yard, and requires that the lessee be responsible for all maintenance, including mowing the grass and snow removal. Because of the deed restrictions the property is unbuildable, and leasing it will avoid the City from having to pay to do mowing and snow removal. Legal Description: See attached Exhibit "A". cc: Noel Anderson, Community Planning & Development Director --file-- Lease of City Property South of 509 Riverside Drive 509 Riverside Drive Riehl St Former 501 Riverside Dr 100 Feet LEASE AGREEMENT for CITY -OWNED PROPERTY This Lease Agreement (the "Agreement") is made and entered into this day of , 2012, by and between the City of Waterloo, Iowa (hereinafter referred to as "City"), and 1 R I 01 . i cq J ix. (hereinafter referred to as "L ssee"). -' 1. The City agrees to allow the Lessee to use and occupy City property (the "Property") located on Riverside Drive just south of 509 Riverside Drive ("Lessee's Property"). The Property is known as assessor parcel no. 891315456003 and legally described in Exhibit "A" attached hereto and made a part hereof by this reference. Lessee shall use the Property only for activities incidental and customarily accessory to the use of their abutting residential property and as further allowed per the description in paragraph 4 below, and shall not use the Property for any other purpose whatsoever. 2. The City agrees to allow Lessee to use and occupy the Property for a term commencing on the day of , 2012, and terminating on the 31st day of December , 2012. The City agrees to lease the Property to the Lessee for the sum of $1.00 per year, payable in advance upon commencement of the lease term. 3. The City may terminate this Agreement, as to any part or all of the Property, upon thirty (30) days' written notice for any reason. Lessee may terminate this Agreement, in whole but not in part, upon thirty (30) days' written notice to the Waterloo Community Planning and Development Department (the "Department"). Upon termination of this Agreement for any reason, any improvements made to or upon the Property shall, unless removed by Lessee before the termination date, become the sole property of City, to be used, sold, destroyed or otherwise handled by City at its sole discretion. 4. Lessee agrees to maintain the Property, including but not limited to all required mowing and snow removal on the public sidewalk adjoining the Property along Riverside Drive. This will include reseeding and fertilizing when necessary. Lessee agrees to maintain the Property as a grass area only with any reseeding to be done with bluegrass grass seed only, or other seed approved in advance by the Department. Lessee may establish and maintain a garden on the Property in accordance with plans approved in advance by the Department, and may use the Property for private (non-commercial) recreational purposes, including but not limited to activities such as private recreational fires that meet the requirements of city ordinances, picnics, camping, etc. 5. The Property was acquired by the City through a Hazard Mitigation Grant Program (HMGP) with the Federal Emergency Management Agency (FEMA) and Iowa Homeland Security & Emergency Management Division (IHSEMD). As required by the HMGP, deed restrictions limit the use and maintenance of the Property. A copy of said deed restrictions are attached as Exhibit "B" hereto and made a part hereof by this reference. 1 Lessee shall not use the Property in any manner that is contrary to said deed restrictions. The Lessee shall not construct, place, or allow to be placed any buildings or structures except any incidental park -type structures that are individually and specifically approved in writing, in advance, by the Department. 6. In consideration of the rights and privileges granted to Lessee under this Agreement, Lessee hereby agrees to indemnify and hold the City harmless for any and all liability, claims, demands, actions, causes of action, and/ or damages whatsoever, including but not limited to reasonable attorneys' fees, to any person or property which may arise out of or are in any way connected, whether directly or indirectly, with use of the Property by Lessee, its employees, agents or invitees, in any manner, and shall further indemnify the City for any damage to the Property caused by Lessee, its employees, agents or invitees. 7. Lessee shall, at its own expense, procure and maintain insurance in the minimum amount of $500,000 per occurrence, covering liability arising from the acts or omissions of Lessee, its employees, agents and invitees, and shall protect the City against such claims, damages, costs or expenses, including but not limited to reasonable attorneys' fees, on account of injury to any person or persons, or to the property of same, by reason of such casualty, accident or other occurrence on or about the Property during the term of this Agreement. Proof of insurance shall be delivered to City no later April 1, 2012, and for every year that the Agreement is renewed Lessee shall provide proof of continuing coverage before expiration of the policy. The City shall provide no insurance for the specific benefit of the property or activities of the Lessee, its agents, employees or invitees. 8. In the event any other person acquires a right of ingress and egress across the Property with prior written consent of the City, Lessee agrees to be responsible for any additional maintenance which may be necessary, at no cost to the City. 9. Lessee shall comply with all applicable environmental laws concerning application, storage and handling of chemicals (including, without limitation, herbicides and insecticides) and fertilizers. Lessee shall apply any chemicals used for weed or insect control at levels not to exceed the manufacturer's recommendation for the soil types involved. Chemicals may not be stored on the Property. Chemicals used on the Property shall be stored in clearly marked, tightly closed containers. No chemicals or chemical containers will be disposed of on the Property. Application of chemicals for lawn or garden purposes per manufacturer's recommendation shall not be construed to constitute disposal. Lessee shall immediately notify City of any chemical discharge, leak, or spill which occurs on the Property. Lessee shall employ all means appropriate to insure that contamination does not occur, and shall be responsible to follow all applicator's licensing requirements. Lessee shall properly post all fields (when posting is required) whenever chemicals are applied. Lessee shall not dispose of any substances, including but not limited to waste oil, tires, batteries, paint, other chemicals or containers, anywhere on the Property. Solid waste may 2 • not be disposed of on the Property. No underground storage tanks shall be placed or maintained on the Property. After termination, Lessee shall remain liable for violations which occurred during the term of this Agreement. 10. The City may enter the Property at any reasonable time for the purpose of consulting with Lessee, viewing the Property, making improvements, or for other reasonable purposes that do not interfere with Lessee's ability to use the Property as provided herein. 11. Lessee shall not lease or sublet any part of the Property nor assign this Agreement to any other person without the prior written permission of the City. This Agreement is personal to Lessee, shall automatically terminate upon any voluntary or involuntary transfer of title to the Lessee's Property, and shall not transfer to any subsequent transferee of Lessee's Property, provided that a transferee shall have a right of first refusal to lease the Property from City, should City desire to lease the Property. 12. Lessee agrees that on termination of the Agreement, Lessee will yield possession of the Property to City without further demand or notice, in as good order and condition as at the beginning of the term of this Agreement. Loss or damage by forces beyond Lessee's control and ordinary wear and tear are excepted. 13. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between City and Lessee nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 14. If Lessee fails to observe any term or condition of this Agreement, it shall be in default of this Agreement, and City may then exercise any and all legal remedies available under applicable law. In the event of default Lessee shall be liable for any and all damage or loss suffered or incurred by City, including but not limited to reasonable attorneys' fees and expenses incurred in connection with the exercise of any right or remedy by City. 15. Any notice under this Agreement shall be in writing and shall be delivered in person or by United States certified mail, postage prepaid, and addressed to the other party at its last known address. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, or (ii) three (3) business days following the date of deposit if mailed by United States certified mail, postage prepaid. 16. This Agreement contains the entire Agreement between the parties. None of the covenants, provisions, terms of conditions of this Agreement will be in any manner modified, waived, or abandoned, except by written instrument duly signed by both parties. This Agreement is binding upon and shall inure to the benefit of the parties and their respective heirs, personal representatives, successors and assigns. 3 IN WITNESS WHEREOF, the parties have executed this Lease Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO LESSEE By: By:&1/4 Mayor Attest: City Clerk CITY'S ACKNOWLEDGMENT: By: STATE OF IOWA, BLACK HAWK COUNTY, SS: On this day of , 2012, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared and to me personally known, who, before by me duly sworn, did say that they are the MAYOR and CITY CLERK, respectively, of said City executing the within and foregoing instrument to which this is attached, that the seal affixed thereto is the seal of said City; that said instrument was signed and sealed on behalf of said City by authority of its City Council; and that the said MAYOR and CITY CLERK, acknowledged the execution of said instrument to be the voluntary act and deed of said City, by it and by them voluntarily executed. Notary Public LESSEE'S ACKNOWLEDGMENT STA I OF IOWA, BLACK HAWK COUNTY, SS: t�Acknowledged before me on fl(larcA 1 1 % , 2012, by \-yV\.e, `t'a31a N 4 --1 11-7 __. TAMMY FOUTS z T- Commission No.761416 -k * My Com//is�ssi/Qpn Expires /oWP K7U EXHIBIT "A" LEGAL DESCRIPTION Lot 4 in Block 4 in Division "A" and a tract of land adjoining said Lot 4 described as follows: Beginning at the Northwesterly corner of said Lot 4; thence Southerly along the West line of said Lot 4 to the Southwesterly corner of said lot 4; thence West on a continuation of the South line of said Lot 4 to the boundary line along the Northeasterly Bank of the Cedar River established by the Boundary Commission appointed by the District Court of Black Hawk County, Iowa; thence Northwesterly along said boundary line to a point where the North line of said Lot 4, if extended in a Westerly direction, would intersect said boundary line; thence East to the place of beginning; and That part of vacated Riehl Street located West of the Westerly line of vacated Riverside Drive; All in Cedar River Park in the City of Waterloo, Iowa. 5 EXHIBIT "B" Deed Restriction Addendum Hazard Mitigation Assistance (HMA) Program In reference to the property or properties ("Property") conveyed by the Deed between the property owners indicated below who are participating in the federally -assisted acquisition project ("the Grantor") and the City of Waterloo, Iowa ("the Grantee"), its successors and assigns: WHEREAS, The Robert T. Stafford Disaster Relief and Emergency Assistance Act, ("The Stafford Act"), 42 U.S.C. § 5121 et seq., identifies the use of disaster relief funds under § 5170c, Hazard Mitigation Grant Program ("HMGP"), including the acquisition and relocation of structures in the floodplain; and WHEREAS, the mitigation grant program provides a process for a local government, through the State, to apply for federal funds for mitigation assistance to acquire interests in property, including the purchase of structures in the floodplain, to demolish and/or remove the structures, and to maintain the use of the Property as open space in perpetuity; and WHEREAS, the State of Iowa has applied for and been awarded such funding from the Department of Homeland Security, Federal Emergency Management Agency ("FEMA") and has entered into a mitigation grant program Grant Agreement dated June 6, 2008, with FEMA and herein incorporated by reference; making it a mitigation grant program grantee; and WHEREAS, the Property is located in the City of Waterloo, Iowa, and the City of Waterloo, Iowa, participates in the National Flood Insurance Program ("NFIP") and is in good standing with NFIP as of the date of the Deed; and WHEREAS, the pity of Waterloo, Iowa, has applied for and been awarded federal funds pursuant to an agreement with the State of Iowa dated August 11, 2009 ("State -Local Agreement"), and herein incorporated by reference, making it a mitigation grant program subgrantee; and WHEREAS, the terms of the mitigation grant program statutory authorities, Federal program requirements consistent with 44 C.F.R. Part 80, the Grant Agreement, and the State -local Agreement require that the Grantee agree to conditions that restrict the use of the land to open space in perpetuity in order to protect and preserve natural floodplain values; NOW, THEREFORE, the grant is made subject to the following terms and conditions: 1. Terms. Pursuant to the terms of the HMG program statutory authorities, Federal program requirements consistent with 44 C.F.R. Part 80, the Grant Agreement, and the State -local Agreement, the following conditions and restrictions shall apply in perpetuity to the Property described in the attached deed and acquired by the Grantee pursuant to FEMA program requirements concerning the acquisition of property for open space: a. Compatible uses. The Property shall be dedicated and maintained in perpetuity as open space for the conservation of natural floodplain functions. Such uses may include: parks for outdoor recreational activities; wetlands management; nature reserves; cultivation; grazing; camping (except where adequate warning time is not available to allow evacuation); unimproved, unpaved parking lots; buffer zones; and other uses consistent with FEMA guidance for open space acquisition, Hazard Mitigation Assistance, Requirements for Property Acquisition and Relocation for Open Space. b. Structures. No new structures or improvements shall be erected on the Property other than: i. A publip facility that is open on all sides and functionally related to a designated open space or recreational use; ii. A public rest room; or iii. A structure that is compatible with open space and conserves the natural function of the floodplain, including the uses described in Paragraph 1.a., above, and approved by the FNMA Administrator in writing before construction of the structure begins. Any improvements on the Property shall be in accordance with proper floodplain management policies and practices. Structures built on the Property according to paragraph b. of this section shall be floodproofed or elevated to at least the base flood level plus 1 foot of freeboard, or greater, if requirdd by FEMA, or if required by any State, Tribal, or local ordinance, and in accordance with criteria established by the FEMA Administrator. c. Disaster Assistance and Flood Insurance. No Federal entity or source may provide disaster assistance for any purpose with respect to the Property, nor may any application for such assistance be made to any Federal entity or source. The Property is not eligible for coverage under the NFIP for damage to structures on the property occurring after the date of the property settlement, except for pre-existing structures being relocated off the property as a result of the project. d. Transfer. The Grantee, including successors in interest, shall convey any interest in the Property only if the FEMA Regional Administrator, through the State, gives prior written approval of the transferee in accordance with this paragraph. i. The request by the Grantee, through the State, to the FEMA Regional Administrator must include a signed statement from the proposed transferee that it acknowledges and agrees to be bound by the terms of this section, and documentation of its status as a qualified conservation organization if applicable. ii. The Grantee may convey a property interest only to a public entity or to a qualified conservation organization. However, the Grantee may convey an easement or lease to a private individual or entity for purposes compatible with the uses described in paragraph (a), of this section, with the prior approval of the FEMA Regional Administrator, and so long as the conveyance doesnot include authority to control and enforce the terms and conditions of this section. 2 iii. If title to the Property is transferred to a public entity other than one with a conservation mission, it must be conveyed subject to a conservation easement that shall be recorded with the deed and shall incorporate all terms and conditions set forth in this section, including the easement holder's responsibility to enforce the easement. This shall be accomplished by one of the following means: a) The Grantee shall convey, in accordance with this paragraph, a conservation easement to an entity other than the title holder, which shall be recorded with the deed, or b) At the time of title transfer, the Grantee shall retain such conservation easement, and record it with the deed. iv. Conveyance of any property interest must reference and incorporate the original deed restrictions providing notice of the conditions in this section and must incorporate a provision for the property interest to revert to the State, Tribe, or local government in the event that the transferee ceases'o exist or loses its eligible status under this section. 2. Inspection. ItbMA, its representatives and assigns including the State or Tribe shall have the right to enter upon the Property, at reasonable times and with reasonable notice, for the purpose of inspecting the Property to ensure compliance with the terms of this part, the Property conveyance and of the grant award. 3. Monitoring and Reporting. Every three years after the date this deed is recorded, the Grantee (mitigation grant program subgrantee), in coordination with any current successor in interest, shall submit through the State to the FEMA Regional Administrator a report certifying that the Grantee has inspected the Property within the month preceding the report, and that the Property continues to be maintained consistent with the provisions of 44 C.F.R. Part 80, the property conveyance, and the grant award. 4. Enforcement The Grantee (mitigation grant program subgrantee), the State, FEMA, and their respective representatives, successors and assigns, are responsible for taking measures to bring the Property back into compliance if the Property is not maintained according to the terms of 44 C.F.R. Part 80, the property conveyance, and the grant award. The relative rights and responsibilities of FEMA, the State, the Grantee, and subsequent holders of the property interest at the time of enforcement, shall include the following: a. The State will notify the Grantee and any current holder of the property interest in writing and advise them that they have 60 days to correct the violation. i. If the Grantee or any current holder of the property interest fails to demonstrate a good faith effort to come into compliance with the terms of the grant within the 60 -day period, the State shall enforce the terms of the grant by taking any measures it deems appropriate, including but not limited to bringing an action at law or in equity in a court of competent jurisdiction. ii. FEMA, its representatives, and assignees may enforce the terms of the grant by taking any measures it deems appropriate, including but not limited to 1 or more of the following: 3 a) Withholding FEMA mitigation awards or assistance from the State or Tribe, and Grantee; and current holder of the property interest. b) Requiring transfer of title. The Grantee or the current holder of the property interest shall bear the costs of bringing the Property back into compliance with the terms of the grant; or c) Bringing an action at law or in equity in a court of competent jurisdiction against any or all of the following parties: the State, the Tribe, the local community, and their respective successors. 5. Amendment. This agreement may be amended upon signatures of FEMA, the State, and the Grantee only to the extent that such amendment does not affect the fundamental and statutory purposes underlying the agreement. 6. Severability. Should any provision of this grant or the application thereof to any person or circumstance be found to be invalid or unenforceable, the rest and remainder of the provisions of this grant and their application shall not be affected and shall remain valid and enforceable. 4 GRANTEE City of Waterloo, Iowa By: Title: r)(r ganh-e Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 Submitted by: Aric Schroeder, City Planner CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: March 26, 2012 Prepared: March 21, 20121 = Dept. Head Signature: # of Attachments: SUBJECT: Lease Agreement — property located on Riverside Drive just south of 509 Riverside Drive — Darlyne Yagla. CAROLYN COLE Recommended City Council Action: Approval Ward 2 HAROLD Summary Statement: Transmitted herewith is the request that the City approve a GETTY lease agreement with Darlyne Yagla for property located on Riverside Drive just Ward 3 south of 509 Riverside Drive. Yagla is the owner of 509 Riverside Drive, which is abutting the land to be leased from the City, which was acquired through the QUENTIN Hazard Mitigation Grant Program (HMGP) Property Acquisition Project (flood HART Ward 4 buyout). RON Therefore, staff would request that the City Council approve the lease agreement WELPER with Darlyne Yagla, to use and occupy the land in question. Ward 5 BOB Expenditure Required: None. GREENWOOD At -Large Source of Funds: N/A STEVE SCHMITT Policy Issue: Property Management At -Large Alternative: Background Information: The property in question is deed restricted and must be owned and maintained by the City of Waterloo as green space. The City of Waterloo is allowed to lease buyout property, as long as the tetras of the lease are not in conflict with the deed restrictions. The proposed lease indicates a requirement that the lessee shall not use the property in any manner that is contrary to the deed restrictions, and a copy of the deed restrictions have been added as an exhibit to the lease. The lease is proposed at a rate of $1.00 per year, and the initial term of the lease is until December 31, 2012. It is anticipated that if both parties are in agreement, future renewal periods could have longer terms. Lease of the CITY WEBSITE: www.ci.waterloaia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer property will allow the applicant to use the area as an extension of their existing yard, and requires that the lessee be responsible for all maintenance, including mowing the grass and snow removal. Because of the deed restrictions the property is unbuildable, and leasing it will avoid the City from having to pay to do mowing and snow removal. Legal Description: See attached Exhibit "A". cc: Noel Anderson, Community Planning & Development Director --file-- 509 Riverside Drive Riehl St Former 501 Riverside Dr 100 Feet LEASE AGREEMENT for CITY -OWNED PROPERTY This Lease Agreement (the "Agreement") is made and entered into this day of , 2012, by and between the City of Waterloo, Iowa (hereinafter referred to as "City"), and IA R I L. rA (hereinafter referred to as "L4ssee"). 1. The City agrees to allow the Lessee to use and occupy City property (the "Property") located on Riverside Drive just south of 509 Riverside Drive ("Lessee's Property"). The Property is known as assessor parcel no. 891315456003 and legally described in Exhibit "A" attached hereto and made a part hereof by this reference. Lessee shall use the Property only for activities incidental and customarily accessory to the use of their abutting residential property and as further allowed per the description in paragraph 4 below, and shall not use the Property for any other purpose whatsoever. 2. The City agrees to allow Lessee to use and occupy the Property for a term commencing on the day of , 2012, and terminating on the 31st day of December , 2012. The City agrees to lease the Property to the Lessee for the sum of $1.00 per year, payable in advance upon commencement of the lease term. 3. The City may terminate this Agreement, as to any part or all of the Property, upon thirty (30) days' written notice for any reason. Lessee may terminate this Agreement, in whole but not in part, upon thirty (30) days' written notice to the Waterloo Community Planning and Development Department (the "Department"). Upon termination of this Agreement for any reason, any improvements made to or upon the Property shall, unless removed by Lessee before the termination date, become the sole property of City, to be used, sold, destroyed or otherwise handled by City at its sole discretion. 4. Lessee agrees to maintain the Property, including but not limited to all required mowing and snow removal on the public sidewalk adjoining the Property along Riverside Drive. This will include reseeding and fertilizing when necessary. Lessee agrees to maintain the Property as a grass area only with any reseeding to be done with bluegrass grass seed only, or other seed approved in advance by the Department. Lessee may establish and maintain a garden on the Property in accordance with plans approved in advance by the Department, and may use the Property for private (non-commercial) recreational purposes, including but not limited to activities such as private recreational fires that meet the requirements of city ordinances, picnics, camping, etc. 5. The Property was acquired by the City through a Hazard Mitigation Grant Program (HMGP) with the Federal Emergency Management Agency (FEMA) and Iowa Homeland Security & Emergency Management Division (IHSEMD). As required by the HMGP, deed restrictions limit the use and maintenance of the Property. A copy of said deed restrictions are attached as Exhibit "B" hereto and made a part hereof by this reference. 1 ' Lessee shall not use the Property in any manner that is contrary to said deed restrictions. The -Lessee shall not construct, place, or allow to be placed any buildings or structures except any incidental park -type structures that are individually and specifically approved in writing, in advance, by the Deparinient. 6. In consideration of the rights and privileges granted to Lessee under this Agreement, Lessee hereby agrees to indemnify and hold the City harmless for any and all liability, claims, demands, actions, causes of action, and/ or damages whatsoever, including but not limited to reasonable attorneys' fees, to any person or property which may arise out of or are in any way connected, whether directly or indirectly, with use of the Property by Lessee, its employees, agents or invitees, in any manner, and shall further indemnify the City for any damage to the Property caused by Lessee, its employees, agents or invitees. 7. Lessee shall, at its own expense, procure and maintain insurance in the minimum amount of $500,000 per occurrence, covering liability arising from the acts or omissions of Lessee, its employees, agents and invitees, and shall protect the City against such claims, damages, costs or expenses, including but not limited to reasonable attorneys' fees, on account of injury to any person or persons, or to the property of same, by reason of such casualty, accident or other occurrence on or about the Property during the term of this Agreement. Proof of insurance shall be delivered to City no later April 1, 2012, and for every year that the Agreement is renewed Lessee shall provide proof of continuing coverage before expiration of the policy. The City shall provide no insurance for the specific benefit of the property or activities of the Lessee, its agents, employees or invitees. 8. In the event any other person acquires a right of ingress and egress across the Property with prior written consent of the City, Lessee agrees to be responsible for any additional maintenance which may be necessary, at no cost to the City. 9. Lessee shall comply with all applicable environmental laws concerning application, storage and handling of chemicals (including, without limitation, herbicides and insecticides) and fertilizers. Lessee shall apply any chemicals used for weed or insect control at levels not to exceed the manufacturer's recommendation for the soil types involved. Chemicals may not be stored on the Property. Chemicals used on the Property shall be stored in clearly marked, tightly closed containers. No chemicals or chemical containers will be disposed of on the Property. Application of chemicals for lawn or garden purposes per manufacturer's recommendation shall not be construed to constitute disposal. Lessee shall immediately notify City of any chemical discharge, leak, or spill which occurs on the Property. Lessee shall employ all means appropriate to insure that contamination does not occur, and shall be responsible to follow all applicator's licensing requirements. Lessee shall properly post all fields (when posting is required) whenever chemicals are applied. Lessee shall not dispose of any substances, including but not limited to waste oil, tires, batteries, paint, other chemicals or containers, anywhere on the Property. Solid waste may 2 not be disposed of on the Property. No underground storage tanks shall be placed or maintained on the Property. After termination, Lessee shall remain liable for violations which occurred during the term of this Agreement. 10. The City may enter the Property at any reasonable time for the purpose of consulting with Lessee, viewing the Property, making improvements, or for other reasonable purposes that do not interfere with Lessee's ability to use the Property as provided herein. 11. Lessee shall not lease or sublet any part of the Property nor assign this Agreement to any other person without the prior written permission of the City. This Agreement is personal to Lessee, shall automatically terminate upon any voluntary or involuntary transfer of title to the Lessee's Property, and shall not transfer to any subsequent transferee of Lessee's Property, provided that a transferee shall have a right of first refusal to Iease the Property from City, should City desire to lease the Property. 12. Lessee agrees that on termination of the Agreement, Lessee will yield possession of the Property to City without further demand or notice, in as good order and condition as at the beginning of the term of this Agreement. Loss or damage by forces beyond Lessee's control and ordinary wear and tear are excepted. 13. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between City and Lessee nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 14. If Lessee fails to observe any term or condition of this Agreement, it shall be in default of this Agreement, and City may then exercise any and all legal remedies available under applicable law. In the event of default Lessee shall be liable for any and all damage or loss suffered or incurred by City, including but not limited to reasonable attorneys' fees and expenses incurred in connection with the exercise of any right or remedy by City. 15. Any notice under this Agreement shall be in writing and shall be delivered in person or by United States certified mail, postage prepaid, and addressed to the other party at its last known address. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, or (ii) three (3) business days following the date of deposit if mailed by United States certified mail, postage prepaid. 16. This Agreement contains the entire Agreement between the parties. None of the covenants, provisions, terms of conditions of this Agreement will be in any manner modified, waived, or abandoned, except by written instrument duly signed by both parties. This Agreement is binding upon and shall inure to the benefit of the parties and their respective heirs, personal representatives, successors and assigns. 3 IN WITNESS WHEREOF, the parties have executed this Lease Agreement by their duly -authOrized representatives as of the date first set forth above. CITY OF WATERLOO By: Attest: Mayor City Clerk CITY'S ACKNOWLEDGMENT: LESSEE By: &AI By: STATE OF IOWA, BLACK HAWK_COUNTY, SS: On this day of , 2012, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared and to me personally known, who, before by me duly sworn, did say that they are the MAYOR and CITY CLERK, respectively, of said City executing the within and foregoing instrument to which this is attached, that the seal affixed thereto is the seal of said City; that said instrument was signed and sealed on behalf of said City by authority of its City Council; and that the said MAYOR and CITY CLERK, acknowledged the execution of said instrument to be the voluntary act and deed of said City, by it and by them voluntarily executed. Notary Public LESSEE'S ACKNOWLEDGMENT STATE OF IOWA, BLACK HAWK COUNTY, SS: Acknowledged before me on MarEA 1 1'frL 4 2012, by Notar Pub ( 0 IOWA. T - TAMMY FOUTS Commission No.761416 My Comn?issi9r Expires it3iLD EXHIBIT "A" LEGAL DESCRIPTI©N Lot 4 in Block 4 in Division "A" and a tract of land adjoining said Lot 4 described as follows: Beginning at the Northwesterly corner of said Lot 4; thence Southerly along the West line of said Lot 4 to the Southwesterly corner of said lot 4; thence West on a continuation of the South line of said Lot 4 to the boundary line along the Northeasterly Bank of the Cedar River established by the Boundary Commission appointed by the District Court of Black Hawk County, Iowa; thence_ Northwesterly_ along said boundary line to a point where the North line of said Lot 4, if extended in a Westerly direction, would intersect said boundary line; thence East to the place of beginning; and That part of vacated Riehl Street located West of the Westerly line of vacated Riverside Drive; All in Cedar River Park in the City of Waterloo, Iowa. 5 EXHIBIT "B" Deed Restriction Addendum Hazard Mitigation Assistance (HMA) Program In reference to the property or properties ("Property") conveyed by the Deed between the property owners indicated below who are participating in the federally -assisted acquisition project ("the Grantor") and the City of Waterloo, Iowa ("the Grantee"), its successors and assigns: WHEREAS, The Robert T. Stafford Disaster Relief and Emergency Assistance Act, ("The Stafford Act"), 42 U.S.C. § 5121 et seq., identifies the use of disaster relief funds under § 5170e, Hazard Mitigation Grant Program ("I -MGP"), including the acquisition and relocation of structures in the floodplain; and WHEREAS, the mitigation grant program provides a process for a local government, through the State, to apply for federal funds for mitigation assistance to acquire interests in property, including the purbhase of structures in the floodplain, to demolish and/or remove the structures, and to maintain the use of the Property as open space in perpetuity; and WHEREAS, the State of Iowa has applied for and been awarded such funding from the Department of Homeland Security, Federal Emergency Management Agency ("FEMA") and has entered into a mitigation grant program Grant Agreement dated June 6, 2008, with FEMA and herein incorporated by reference; making it a mitigation grant program grantee; and WHEREAS, the Property is located in the City of Waterloo, Iowa, and the City of Waterloo, Iowa, participates in the National Flood Insurance Program ("NFIP") and is in good standing with NFIP as of the date of the Deed; and WHEREAS, the City of Waterloo, Iowa, has applied for and been awarded federal funds pursuant to an agreement with the State of Iowa dated August 11, 2009 ("State -Local Agreement"), and herein incorporated by reference, making it a mitigation grant program subgrantee; and WHEREAS, the 'terms of the mitigation grant program statutory authorities, Federal program requirements consistent with 44 C.F.R. Part 80, the Grant Agreement, and the State -local Agreement requite that the Grantee agree to conditions that restrict the use of the land to open space in perpetuity in order to protect and preserve natural floodplain values; NOW, THEREFORE, the grant is made subject to the following terms and conditions: 1. Terms. Pursuant to the terms of the HMG program statutory authorities, Federal program requirements consistent with 11 C.F.R. Part 80, the Grant Agreement, and the State -local Agreement, the following conditions and restrictions shall apply in perpetuity to the Property described in the attached deed and acquired by the Grantee pursuant to FEMA program requirements concerning the acquisition of property for open space: a. Compatible uses. The Property shall be dedicated and maintained in perpetuity as open space for the conservation of natural floodplain functions. Such uses may include: parks for outdoor recreational activities; wetlands management; nature reserves; cultivation; grazing; camping (except where adequate warning time is not available to allow evacuation); unimproved, unpaved parking lots; buffer zones; and other uses consistent with FEMA guidance for open space acquisition, Hazard Mitigation Assistance, Requirements for Property Acquisition and Relocation for Open Space. b. Structures. No new structures or improvements shall be erected on the Property other than: i. A publi}c facility that is open on all sides and functionally related to a designated open space or recreational use; ii. A public rest room; or iii. A structure that is compatible with open space and conserves the natural function of the floodplain, including the uses described in Paragraph 1.a., above, and approved by the FEMA Administrator in writing before construction of the structure begins. Any improvements on the Property shall be in accordance with proper floodplain management policies and practices. Structures built on the Property according to paragraph b. of this section shall be floodproofed or elevated to at least the base flood level plus 1 foot of freeboard, or greater, if regi irdd by FEMA, or if required by any State, Tribal, or local ordinance, and in accordance with criteria established by the FEMA Administrator. c. Disaster Assistance and Flood Insurance. No Federal entity or source may provide disaster assistance for any purpose with respect to the Property, nor may any application for such assistance be made to any Federal entity or source. The Property is not eligible for coverage i nder the NFIP for damage to structures on the property occurring after the date of the property settlement, except for pre-existing structures being relocated off the property as a result of the project. d. Transfer. ,1 he Grantee, including successors in interest, shall convey any interest in the Property only if the FEMA Regional Administrator, through the State, gives prior written approval of the tr`,ansferee in accordance with this paragraph. i. The request by the Grantee, through the State, to the FEMA Regional Administrator must include a signed statement from the proposed transferee that it acknowledges and agrees to be bound by the terms of this section, and documentation of its status as a qualified conservation organization if applicable. H. The Grantee may convey a property interest only to a public entity or to a qualified conservation organization. However, the Grantee may convey an easement or lease to a private individual or entity for purposes compatible with the uses described in paragraph (a), of this section, with the prior approval of the FEMA Regional Administrator, and so long as the conveyance does; not include authority to control and enforce the terms and conditions of this section. 2 iii. If titleto the Property is transferred to a public entity other than one with a conservation mission, it must be conveyed subject to a conservation easement that shall be recorded with the deed and shall incorporate all terms and conditions set forth in this section, including the easement holder's responsibility to enforce the easement. This shall be accomplished by;one of the following means: • a) The Grantee shall convey, in accordance with this paragraph, a conservation easement to an entity other than the title holder, which shall be recorded with the deed, or b) At the time of title transfer, the Grantee shall retain such conservation easement, and record it with the deed. iv. Conveyance of any property interest must reference and incorporate the original deed restrictions providing notice of the conditions in this section and must incorporate a provision for the property interest to revert to the State, Tribe, or local government in the event that the transferee ceases'to exist or loses its eligible status under this section. 2. Inspection. FEMA, its representatives and assigns including the State or Tribe shall have the right to enter upon the Property, at reasonable times and with reasonable notice, for the purpose of inspecting the Property to ensure compliance with the terms of this part, the Property conveyance and of the grant award. 3. Monitoring and Reporting. Every three years after the date this deed is recorded, the Grantee (mitigation grant program subgrantee), in coordination with any current successor in interest, shall submit through the State to the FEMA Regional Administrator a report certifying that the Grantee has inspcted the Property within the month preceding the report, and that the Property continues to be maintained consistent with the provisions of 44 C.F.R. Part 80, the property conveyance, and the grant award. 4. Enforcement,. The Grantee (mitigation grant program subgrantee), the State, FEMA, and their respective representatives, successors and assigns, are responsible for taking measures to bring the Property back into compliance if the Property is not maintained according to the terms of 44 C.F.R. Part 80, the property conveyance, and the grant award. The relative rights and responsibilities of FEMA, the State, the Grantee, and subsequent holders of the property interest at the time of enforcement, shall include the following: a. The State': will notify the Grantee and any current holder of the property interest in writing and advise them that they have 60 days to correct the violation, i. If the Grantee or any current holder of the property interest fails to demonstrate a good faith effort to come into compliance with the terms of the grant within the 60 -day period, the State shall enforce the terms of the grant by taking any measures it deems appropriate, including but not limited to bringing an action at law or in equity in a court of competent jurisdictionii. . FEMA5, its representatives, and assignees may enforce the terms of the grant by taking any measures it deems appropriate, including but not limited to 1 or more ofthe following: a) Withholding FEMA mitigation awards or assistance from the State or Tribe, and . Grantee; and current holder of the property interest. b) Requiring transfer of title. The Grantee or the current holder of the property interest shall bear the costs of bringing the Property back into compliance with the terms of the grant; or c) Bringing an action at law or in equity in a court of competent jurisdiction against any or all of the following parties: the State, the Tribe, the local community, and their respective successors. 5. Amendment. This agreement may be amended upon signatures of FEMA., the State, and the Grantee only to the extent that such amendment does not affect the fundamental and statutory purposes underlying the agreement. 6. Severability. Should any provision of this grant or the application thereof to any person or circumstance be round to be invalid or unenforceable, the rest and remainder of the provisions of this grant and their application shall not be affected and shall rernain valid and enforceable. 4 GRANTEE City of Waterloo, Iowa By: Title: ganfri,c Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: March 26 20 2 Prepared: March 20, 2012 Dept. Head Signature: # of Attachments: 3 SUBJECT: Request by Dolly James, LLC to dedicate the necessary easements located within the area bounded by the Cedar River and Sycamore Street, and E 8th Street and the railroad tracks, to allow for the construction of a multi -family housing development. Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: Approval. Summary Statement: Transmitted herewith is a request by Dolly James, LLC to dedicate the necessary easements within the property in order to construct six new 12 -unit housing units with accompanying garages on the property. The applicant is proposing to dedicate the new easements in order to construct six new 12 -unit dwelling units. There was an existing easement located over the entire area of vacated E 7th Street, as there exists sewer and water located within that area, however that is in the process of being vacated. The request to dedicate the new easements would allow for the construction of the new housing development on the property while still maintaining easements over necessary areas. Expenditure Required: None Source of Funds: None required Policy Issue: Land Use and Economic Development Alternative: Background Information: The City of Waterloo has owned this property for several years now, and has been looking for a developer to develop this property. Legal Description: See attached Exhibit "A". AS:sg CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer cc: Noel Anderson, Community Planning & Development Director. --file-- 1 • • Paul H. Helland, 1107 Technology Parkway, Cedar Falls, Iowa 50613-6951, (319)-266-0161 LEGEND FOR THIS SHEET ONLY 1£Q WATER VALVE A 'el B MANHOLE FIRE HYDRANT (PROPOSED TO BE MOVED) PROPOSED LOCATION FOR FIRE HYDRANT SANITARY SEWER LINE WATER LINE PROPOSED WATERLINE ///tel 1111/ \\\\ PROPOSED UTILITY EASMENT PROPOSED ACCESS EASEMENT PROPOSED UTILITY EASEMENT PROPOSED UTILITY EASEMENT SYCAMORE STREET (80' 8.0.W.) 1 P.O.B. CL N 49°32 W 40.75' N 49°04Y4' W --- 149.7' - - - N 49°06W W --- 149.1' --- P.O.C. BLOCK 1 6 BLOCK22 5 CO 8 P.O.T. CL S 46°39' E 301.0 nw--- sw--- sw—.--- iCJ .9ti Z8 V THIS THIS SURVEY MEETS/OR EXCEEDS CURRENT "MINIMUM STANDARDS FOR PROPERTY SURVEYS" CEDAR RIVER ,8'LOZ M ZtioB (BEARINGS ARE ASSUMED) 0' 50 100' 200' HELLAND ENGINEERING & SURVEYING, LTD. • 1107 dar Technology 50613-6951 (00) Ce (319)-266-0,s, I SHEET 2 OF 5 oPc A SET NO. 4 REBAR X 24" LONG W/ORANGE PLASTIC CAP #6505 RECORDED AS FILE NAME: 12-110P.DWG SCALE: 1" = 100' PROJECT #12-110 PLASTIC CAP (0= ORANGE, R=RED, Y=YELLOW) PLAT OF SURVEY OF BLOCK 22 & PART BLOCK 1, "ORIGINAL WATERLOO EAST" VACATED WATER ST., VACATED E. 7TH ST., & FRACTIONAL LAND LYING EAST OF CEDAR RIVER WATERLOO, BLACK HAWK COUNTY, IOWA FOR DOLLY JAMES, LLC / 15)(1,‘,40 Lr t(,, I t DESCRIPTION OF ACCESS EASEMENT The Southeasterly 30 feet of the following described tract That part of the above described Parcel "R" lying 20 feet on each side of the following described centerline: Commencing at the Easterly corner of said Block 22, point being a found 1/2" rebar with license #8033; thence along the Southwesterly right-of-way line of Sycamore Street North 49°06W West a distance of 149.1 feet to the Northerly corner of Lot 1 of said Block 22 of the "Original Plat on the East side of the Cedar River, City of Waterloo", point being a found 1/2 rebar with license #3862; thence along said Southwesterly right-of-way line of Sycamore Street North 49°0414' West a distance of 149.7 feet to the Northerly corner of Lot 2 in said Block 22 of the "Original Plat on the East side of the Cedar River, City of Waterloo", point being a found /" rebar with license #7034; thence along the Northeasterly line of said Vacated East 7th Street North 49°32' West a distance of 40.75 feet to the point of beginning of said centerline; thence South 40°043/4 West a distance of 315.95 feet to the Southwesterly line of the above described Parcel "R", point being the point of termination of said centerline. The side lines of the described strip are to be lengthened and shortened to terminate on the Northeasterly line of said Parcel "R" and the Southwesterly line of said Parcel "R". DESCRIPTION OF UTILITY EASEMENT A 50 foot Utility Easement described as follows That part of the above described Parcel "R" lying 20 feet on the Northwesterly side and 30 feet on the Southeasterly side of the following described centerline: Commencing at the Easterly corner of said Block 22, point being a found 1/2" rebar with license #8033; thence along the Southwesterly right-of-way line of Sycamore Street North 49°06'/i West a distance of 149.1 feet to the Northerly corner of Lot 1 of said Block 22 of the "Original Plat on the East side of the Cedar River, City of Waterloo", point being a found 1/2 rebar with license #3862; thence along said Southwesterly right-of-way line of Sycamore Street North 490041/4 West a distance of 149.7 feet to the Northerly corner of Lot 2 in said Block 22 of the "Original Plat on the East side of the Cedar River, City of Waterloo", point being a found 1/2" rebar with license #7034; thence along the Northeasterly line of said Vacated East 716 Street North 49°32' West a distance of 40.75 feet to the point of beginning of said centerline; thence South 40°043/4 West a distance of 315.95 feet to the Southwesterly line of the above described Parcel "R", point being the point of termination of said centerline. The side lines of the described strip are to be lengthened and shortened to terminate on the Northeasterly line of said Parcel "R" and the Southwesterly line of said Parcel "R". DESCRIPTION OF UTILITY EASEMENT The Northeasterly 8 feet of the Southeasterly 364 feet of the above described Parcel "R", lying adjacent to Sycamore Street. t SHEETNOF' DESCRIPTION OF PROPOSED UTILITY EASEMENT That part of Vacated Water Street generally lying Southwesterly of Block 1 & Block 22 in the "Original Plat on the East side of the Cedar River, City of Waterloo", and part of the fractional land lying between the Cedar River and Block 1 & Block 22 in "Original Plat on the East side of the Cedar River, City of Waterloo", Black Hawk County, Iowa, described as follows: Commencing at the Easterly corner of said Block 22, point being a found 1/2" rebar with license #8033; thence along the Southeasterly line of said Block 22 in the "Original Plat on the East side of the Cedar River, City of Waterloo", also being the Northwesterly line of East 81h Street and along the Southeasterly line of Acquisition Plat dated 11/8/2002 recorded in File #2003-00025496 in the Office of the Black Hawk County Recorder South 40°43' West a distance of 328.2 feet to the point of beginning; thence along the Southeasterly line of said Acquisition Plat recorded in File #2003-00025496 South 40°43' West a distance of 6.55 feet to a set' ' rebar with license #6505; thence North 48°42' West a distance of 207.8 feet to a set 1" rebar with license #6505; thence North 39°33' West a distance of 102.55 feet to a set 1/2" rebar with license #6505; thence North 48°55' West a distance of 82.45 feet to a set 1/2" rebar with license #6505; thence North 73°54' West a distance of 104.5 feet to a set 1/2" rebar with license #6505; thence North 49°30' West a distance of 17.5 feet to Southwesterly extension of Plat of Survey dated 3/17/2006 recorded in Fee Book #2006 23029 in the Office of the Black Hawk County Recorder, point being a set 1/2" rebar with license #6505; thence along said Southwesterly extension North 40°483/; East a distance of 67.05 feet; thence South 48°283/4' East a distance of 115.55 feet; thence South 35°30' East a distance of 90.25 feet; thence South 46°39' East a distance of 301.0 feet to the point of beginning. Subject to restrictions, easements, covenants, ordinances, and limited access provisions of record and not of record. SHEET 4,OF`gt CITY OF WAI`ERLOO Council Communication City Council Meeting: March 19, 2012 Prepared: March 14, 2012 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: 1 (street list) SUBJECT: F.Y. 2012 STREET RECONSTRUCTION PROGRAM CONTRACT NO. 819 Submitted by: Dennis Gentz, P.E., Assistant City Engineer Vct19(0— Recommended City Council Action: It is recommended that Council approve these documents, set April 2, 2012, as the date for the public hearing and bid opening and instruct the City Clerk to publish said notices. Summary Statement Transmitted herewith are the Plans and Specifications for the F.Y. 2012 STREET RECONSTRUCTION PROGRAM, Contract No. 819, as prepared by the City Engineer's Office. Expenditure Required To Be Determined Source of Funds Local Option Sales Tax Funds Policy Issue N/A Alternative None Background Information: These are the plans and specifications for reconstruction of streets (see attached list) that were approved by Council for 2012. F.Y. 2012 STREET RECONSTRUCTION PROGRAM Contract No. 819 STREET FROM TO WARD BLOCKS 9th St., W. Williston Ave. Mitchell Ave. 5 1200 - 1900 Dawson St. Fairview Ave. Burton Ave. 3 600 -0900 Kern St. Reed St. Logan Ave. 3 100 Lafayette St. Rhey St. Indiana St. 4 1800 - 2200 Maynard Ave. Letsch Road Valley Dr. 1 2000 Mitchell Ave. 9th St., W. Randolph St. 2/5 1100 Ridgeway Ave., E. Wisconsin St. San Marnan Dr. 2 1900 - 2000 Schukei Rd. 486' N. of San Marnan Frt. 363' North 2 University Ave. Frt. S Ansborough Ave. Falls Ave. 1 2500 - 3000 3/5/2012 Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director CITY OF WATERLOO Council Communication City Council Meeting: March 26, 2012 Prepared: March 21, 2012 Dept. Head Signature: Noel Anderson, Community Planning & Development Director # of Attachments: 1 SUBJECT: Adopt a resolution authorizing the Mayor and City Clerk to sign and fully execute an amendment to the original Development Agreement with Dolly James LLC dated February 2012, to add wording for a grant payment in the amount of $14,528.99 for the moving of electrical lines serving the City of Waterloo pump station in this area. Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: Resolution approving amendment Summary Statement: As you may recall, back in February 2012, the City Council approved a Development Agreement with Dolly James LLC for the development of six 12-plex condominiums on the riverfront between the railroad track and East 8th Street, all south of Sycamore Street. In subsequent construction meetings with city staff and the developer for the redevelopment of the site, it has been learned the overhead electrical lines on vacated East 7th Street need to be moved and put underground for the site to function and continue to supply power to the City of Waterloo pump station. The City of Waterloo is in the process of removing asbestos and preparing for demolition of two buildings on the site for the project to commence. This moving of the electrical lines is another part of preparing the site in this manner for development. The developer is already working with MidAmerican Energy Company for the relocation of the lines, so the City would make a grant to the developer for this amount to continue to try and stay on schedule for the construction of the project. All other terms of the original Development Agreement would remain the same. Expenditure Required: $14,528.99 Source of Funds: Downtown TIF and bond funds CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Policy Issue: Economic Development within the City of Waterloo. Alternative: NA Background Information: The Downtown Master Plan prioritizes the need for additional residential opportunities in and near Downtown Waterloo to help fuel the other retail, restaurant, entertainment, etc. opportunities. This site was acquired for this type of development and is in close proximity to the new residential homes built by David Deeds and John Rooff in the nearby Cedar River Neighborhood. With the City of Waterloo owning further parcels in this area for development, the use of Neighborhood Stabilization Funds for further infill development of housing to this area, this is a great concentration of new housing in this area that had not, until recently, seen new housing for about 80 years prior. The City of Waterloo has economic development policies in place, and this project would meet the criteria for the development agreement as submitted AMENDMENT TO DEVELOPMENT AGREEMENT This Amendment to Development Agreement (the "Amendment") is entered into as of , 2012, by and between the City of Waterloo, Iowa ("City") and Dolly James, LLC ("Company"). RECITALS A. Company and City were parties to that certain Development Agreement dated , 2012 (the "Agreement") concerning the development of land (the "Property") described on Exhibit "A" to the Agreement. B. Company and City desire to amend the Agreement to include a development incentive payment from City to Company. NOW, THEREFORE, in consideration of the premises and of other consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree to amend the Agreement as follows: 1. A new Section 10.1 shall be added which reads as follows: 10.1. Development Incentive Payment. City agrees to make a development incentive payment to Company in the amount of $14,528.99 to assist in defraying expenses associated with Company's development activities on the Property. Said payment shall be made by City at the time of conveyance of the Property to Company. 2. Except as modified herein, the Agreement shall continue unmodified in full force and effect. The Agreement 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 as of the date first set forth above. DOLLY JAMES, LLC CITY OF WATERLOO, IOWA By: By: Brent Dahlstrom, Manager Ernest G. Clark, Mayor By: Suzy Schares, City Clerk Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: March 26, 2012 Prepared: March 23, 2012 Dept. Head Signature: Noel Anderson, Community Planning & Development # of Attachments: 1 /J Director SUBJECT: Resolution approving the Real Estate Sale Contract between the City of Waterloo and Jerry Makedonski for the acquisition of 1823 Black Hawk Street in the amount of $55,000, with up to $10,000 in city environmental and closing costs, and authorizing the Mayor and City Clerk to sign and fully execute any necessary documents Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: Authorization of the acquisition of land as described in the amount of $55,000 plus up to $10,000 in city environmental and closing costs. Summary Statement: As you may recall, staff has been working on the acquisition and development of land in the Rath area for a quite a few years through multiple methods of acquisitions, condemnations, and the 657A process. The City is starting to gain more interest from developers in this area, for some small business development sites. The house in question is right next to former City -owned property that was recently sold for development of mini -storage and commercial business development. It is also right in front of land being donated to the City of Waterloo for development, which is currently going through environmental review and clearance. It is further surrounded on many sides by industrial and business development. The City of Waterloo would like to continue to evaluate the land use of this area and work to strengthen the business environment where appropriate through the removal of residential homes in an industrially classified area. This project would work towards that goal. The site in question has active permits taken out for rehabilitation by Mr. Makedonski, for residential ownership/lease. Staff has reviewed the current assessed value, average assessed value of homes in a 5 -block area around the site, and the current investment of rehabilitation into the property, and believes the $55,000 acquisition price to be a fair price. This will continue the City of Waterloo's efforts towards the arrangement of sites for redevelopment opportunities in the Rath area. The City continues to work with other property owners in this area, and has previously purchased sites in the nearby vicinity, for the Sportsplex project. The acquisition costs would come out of Rath TIF and bond funds designated for such use. Expenditure Required: $55,000 plus up to $10,000 in city environmental and closing costs Source of Funds: Bond and TIF funds, with available grant funds (BCRLF or assessment) for environmental portion CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Policy Issue: Economic Development and Redevelopment of Brownfield sites within the City of Waterloo. Alternative: Not acquire Background Information: The City continues to work to bring more business and residential development to the former Rath area. REAL ESTATE PURCHASE AGREEMENT TO: Jerry Makedonski ("Seller") FROM: City of Waterloo, Iowa ("Buyer") Buyer hereby offers to buy, and the Seller by its acceptance agrees to sell, the real property situated in Waterloo, Black Hawk County, Iowa, locally known as 1823 Black Hawk Street, legally described as: HAYES ADDITION ALL OF LOT 8 BLOCK 16 EXCEPT WEST 45 FEET, ALL OF LOT 9 BLOCK 16, WATERLOO, IOWA, BLACK HAWK COUNTY, IOWA. together with any easements and appurtenant servient estates, but subject to any reasonable easements of record for public utilities or roads, any zoning restrictions customary restrictive covenants and mineral reservations of record, if any, herein referred to as the "Property," upon the following terms and conditions: 1. EARNEST MONEY AND PURCHASE PRICE. The Purchase Price shall be $55,000.00, of which $500.00 is on deposit with the law firm of Clark, Butler, Walsh & Hamann, to be held in trust, and the balance of the Purchase Price shall be due and payable in full at closing, to be delivered to the Seller upon performance of Seller's obligations and satisfaction of Buyer's contingencies, if any. If this Agreement is not accepted by Seller or if it is rescinded by Buyer for failure of title or any other reason provided for in this Agreement, then the earnest money shall be returned to Buyer. Any other release of earnest money shall require the written consent of both parties. 2. POSSESSION AND CLOSING. If Buyer timely performs all obligations, possession of the Property shall be delivered to Buyer at closing. Closing shall occur on or before July 1, 2012, as the parties may hereafter agree, but in any event after the approval of title by Buyer and satisfaction or waiver of contingencies, if any. 3. REAL ESTATE TAXES. Seller shall pay taxes prorated to the closing date and any unpaid real estate taxes payable in prior years. Buyer shall pay all subsequent real estate taxes. Unless otherwise provided in this Agreement, at closing Seller shall pay Buyer, or Buyer shall be given a credit for, taxes from the first day of July prior to possession to the date of possession based upon the last known actual net real estate taxes payable according to public records. However, if such taxes are based upon a partial assessment of the present property improvements or a changed tax classification as of the date of possession, such proration shall be based on the current levy rate, assessed value, legislative tax rollbacks and real estate tax exemptions that will actually be applicable as shown by the assessor's records on the closing date. 4. SPECIAL ASSESSMENTS. A. Seller shall pay at time of closing all installments of special assessments which are a lien on the Property as of closing, and all prior installments thereof. B. All charges for solid waste removal, sewage and maintenance that are attributable to Seller's possession, including those for which assessments arise after closing, shall be paid by Seller. C. Any preliminary or deficiency assessment which cannot be discharged by payment shall be paid by Seller through an escrow account with sufficient funds to pay such liens when payable, with any unused funds returned to Seller. D. Buyer shall pay all other special assessments or installments not payable by Seller. 5. RISK OF LOSS AND INSURANCE. Seller shall bear the risk of loss or damage to the Property prior to closing. Seller agrees to maintain existing insurance, and Buyer may purchase additional insurance. In the event of substantial damage or destruction prior to closing, the Buyer shall have the option to complete the closing and receive insurance proceeds regardless of the extent of damages or to declare this Agreement null and void. The Property shall be deemed substantially damaged or destroyed if it cannot be repaired to its present condition on or before the closing date. 6. FIXTURES. Included with the Property shall be all fixtures that integrally belong to, are specifically adapted to or are a part of the real estate, whether attached or detached. Also included shall be the following: The following items shall not be included: 7. CONDITION OF PROPERTY. The Property as of the date of this Agreement, including buildings, grounds, and all improvements, will be preserved by the Seller in its present condition until possession, ordinary wear and tear excepted. Seller sells the Property "AS IS" and makes no warranties, expressed or implied, as to the condition of the Property. Within 20 days after the acceptance of this Agreement, Buyer may, at its sole expense, have the property inspected by a person or persons of its choice to determine if there are any environmental or other deficiencies. Seller shall cooperate in providing reasonable access to Buyer's inspectors. Within this same period, the Buyer may notify the Seller in writing of any deficiency. The Seller shall immediately notify the Buyer in writing of what steps, if any, the Seller will take to correct any deficiencies before closing. The Buyer shall then immediately in writing notify the Seller that (1) such steps are acceptable, in which case this Agreement, as so modified, shall be binding upon all parties; or (2) that such steps are not acceptable, in which case this Agreement shall be null and void, and any earnest money shall be returned to Buyer. 8. ABSTRACT AND TITLE. Seller, at its expense, shall obtain an abstract of title to the Property continued through a date that is within thirty (30) days of the closing, and deliver it to Buyer's attorney for examination. It shall show marketable title in Seller in conformity with this Agreement, Iowa law, and title standards of the Iowa State Bar Association. The Seller shall make every reasonable effort to promptly perfect title. If closing is delayed due to Seller's inability to provide marketable title, this Agreement shall continue in force and effect until either party rescinds the Agreement after giving ten days' written notice to the other party. The abstract shall become the property of Buyer when the Purchase Price is paid in full. Seller shall 2 pay the costs of any additional abstracting and title work due to any act or omission of Seller, including transfers by or the death of Seller or its assignees. Unless stricken, the abstract continuation shall be obtained from the Black Hawk County Abstract Company. 9. SURVEY. If a survey is required under Iowa Code Chapter 354, or city or county ordinances, Seller shall pay the costs thereof. Buyer may, at Buyer's expense prior to closing, have the Property surveyed and certified by a registered land surveyor. If the survey shows an encroachment on the Property or if any improvements located on the Property encroach on lands of others, the encroachments shall be treated as a title defect. 10. ENVIRONMENTAL MATTERS. A. Seller warrants to the best of its knowledge and belief that there are no abandoned wells, solid waste disposal sites, hazardous wastes or substances, or underground storage tanks located on the Property, the Property does not contain levels of radon gas, asbestos, or urea -formaldehyde foam insulation which require remediation under current governmental standards, and Seller has done nothing to contaminate the Property with hazardous wastes or substances. Seller warrants that the property is not subject to any local, state, or federal judicial or administrative action, investigation or order, as the case may be, regarding wells, solid waste disposal sites, hazardous wastes or substances, or underground storage tanks. Seller shall also provide Buyer with a properly executed groundwater hazard statement showing no wells, solid waste disposal sites, hazardous wastes and underground storage tanks on the Property unless disclosed here: B. Buyer may at Buyer's expense, within 20 days after the date of acceptance of this Agreement, obtain a report from a qualified engineer or other person qualified to analyze the existence or nature of any hazardous materials, substances, conditions or wastes located on the Property. Seller shall cooperate in providing reasonable access to Buyer's inspectors and engineers. In the event any hazardous materials, substances, conditions or wastes are discovered on the Property, Buyer's obligation hereunder shall be contingent upon the removal of such materials, substances, conditions or wastes or other resolution of the matter reasonably satisfactory to Buyer. However, in the event Seller is required to expend any sum in excess of $1,000 to remove any hazardous materials, substances, conditions or wastes, Seller shall have the option to cancel this transaction and refund to Buyer all earnest money paid and declare this Agreement null and void. The expense of any inspection shall be paid by Buyer. The expense of any action necessary to remove or otherwise make safe any hazardous material, substances, conditions or waste shall be paid by Seller, subject to Seller's right to cancel this transaction as provided above. 11. DEED. Upon payment of the Purchase Price, Seller shall convey the Property to Buyer by warranty deed, free and clear of all liens, restrictions, and encumbrances except as provided in this Agreement. General warranties of the title shall extend to the time of delivery of the deed excepting liens and encumbrances suffered or permitted by Buyer. 12. JOINT TENANCY IN PROCEEDS AND IN REAL ESTATE. If Seller, immediately preceding acceptance of the offer, holds title to the Property in joint tenancy with full rights of survivorship, and the joint tenancy is not later destroyed by operation of law or by acts of the 3 Seller, then the proceeds of this sale, and any continuing or recaptured rights of Seller in the Property, shall belong to Seller as joint tenants with full rights of survivorship and not as tenants in common; and Buyer in the event of death of any Seller, agrees to pay any balance of the price due Seller under this contract to the surviving Seller and to accept a deed from the surviving Seller. 13. JOINDER BY SELLER'S SPOUSE. Seller's spouse, if not a title holder immediately preceding acceptance, executes this Agreement only for the purpose of relinquishing all rights of dower, homestead, and distributive share or in compliance with Section 561.13 of the Code of Iowa and agrees to execute the deed or real estate contract for this purpose. 14. STATEMENT AS TO LIENS. If Buyer intends to assume or take subject to a lien on the Property, Seller shall furnish Buyer with a written statement prior to closing from the holder of such lien, showing the correct balance due. 15. USE OF PURCHASE PRICE. At time of settlement, funds of the Purchase Price may be used to pay taxes and other liens and to acquire outstanding interests, if any, of others. 16. 1031 EXCHANGE. N/A. 17. APPROVAL OF COURT. N/A. 18. REMEDIES OF THE PARTIES. A. If Buyer fail to timely perform this Agreement, Seller may forfeit it as provided in the Iowa Code (Chapter 656), and all payments made shall be forfeited; or, at Seller's option, upon thirty days' written notice of intention to accelerate the payment of the entire balance because of Buyer's default (during which thirty days the default is not corrected), Seller may declare the entire balance immediately due and payable. Thereafter this Agreement may be foreclosed in equity and the Court may appoint a receiver. B. If Seller fails to timely perform this Agreement, Buyer has the right to have all payments made returned to it, or Buyer may require specific performance by Seller. C. Buyer and Seller are also entitled to utilize any and all other remedies or actions at law or in equity available to them, and the prevailing parties shall also be entitled to obtain judgment for costs and attorney fees. 19. NOTICE. Any notice under this Agreement shall be in writing and be deemed served when it is delivered by personal delivery or mailed by certified mail, addressed to the parties at the addresses given below. 20. GENERAL PROVISIONS. In the performance of each part of this Agreement, time shall be of the essence. Failure to promptly assert rights herein shall not, however, be a waiver of such rights or a waiver of any existing or subsequent default. This Agreement shall apply to and bind the successors in interest of the parties. This Agreement shall survive the closing. This Agreement contains the entire agreement of the parties and shall not be amended except by a written instrument duly signed by Seller and Buyer. Paragraph headings are for convenience of 4 reference and shall not limit or affect the meaning of this Agreement. Words and phrases herein shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender according to the context. 21. NO REAL ESTATE AGENT OR BROKER. Neither party has used the service of a real estate agent or broker in connection with this transaction. 22. ADDITIONAL PROVISIONS. A. The parties acknowledge that Buyer is acquiring the Property for economic development purposes. Buyer's rights and duties under this Agreement are assignable to any person or entity that will further the economic development objectives contemplated by Buyer. B. Special contingencies to effectiveness of Agreement. Notwithstanding any signatures below by representatives of Buyer, this Agreement is expressly subject to approval by the city council of Buyer and to the city council's approval of an issuance of general obligation bonds to cover the Purchase Price. 23. ENTIRE AGREEMENT. This Agreement represents the entire agreement between the parties, superseding all prior or contemporaneous understandings, negotiations, discussions, or agreements between the parties with respect to the subject matter hereof. 24. ACCEPTANCE. When accepted, this Agreement shall become a binding contract. If not accepted by Seller on or before December 15, 2005, this Agreement shall be null and void. Dated March , 2012 Accepted March , 2012 BUYER SELLER City of Waterloo, Iowa By: Its: By: Its: 5 Jerry Makedonski Printable Map Output Page 1 of 1 Black Hawk Count Parcel Ma • Parcel ID: Deed Holder: Parcel Address: 8913-25-405-006 HEENE FAMILY TRUST 1823 BLACK HAWK ST, WATERLOO, IA 50702 Legend Selected Features hospital airport firedept parks_ parks twpmg ✓' Railroads Townships Sectons Water - Parcels Rigidsat Way i•" Township x j City Lines railroad dim roaddim waternarne_ parceldim roadname_ Aerial Photos Black Hawk Co. Black Hawk County, Iowa 316 East 5th Street aterloo, Iowa 50703-4774 Phone: (319) 833-3002 Fax: (319) 833-3070 E-mail: auditor g co.black-hawk.ia.us.or Map Disclaimer: This map does not represent a survey. No liability is assumed for the accuracy of the data delineated herein, either expressed or implied by Black Hawk County, the Black Hawk County Assessor or their employees. This map is compiled from official records, including plats, surveys, recorded deeds, and contracts, and only contains information required for local government purposes. See the recorded documents for more detailed legal information. http://www2.co.black-hawk. ia.us/servlet/com.esri.esrimap.Esrimap?ServiceName=bhov&... 3/23/2012 Black Hawk County Property Photos There is 1 photo of parcel 891325405006. Page 1 of 1 http://www2. co.black-hawk. ia.us/website/bhmap/bhParlmages. asp?apn=8913 25405006&a... 3/23/2012 Black Hawk County Detailed Parcel Report Page 1 of 2 BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION Parcel ID Deed Holder 8913-25-405-006 PDF No. Map Area 4 JCWTLO-09 Property Address HEENE FAMILY TRUST Contract Buyer Tax Mail to Address HEENE,CHARLES S 3232 OSAGE RD WATERLOO, IA 50703-0000 1823 BLACK HAWK ST WATERLOO, IA 50702-1230 SALES Current Recorded Transfer 112 ate 31/12001n 111/31/2002 Filed ICLD 68203 J Document Dype AS Reason Sidin. , .- .. r w .. ,, LIviLu11V4.11 rcruvn1 Date mount NUTC / Type Date Number 'TRANSFER 112/14/2012 mount 8/6/1996 12,000 TO/BY ESTATE / Deed IWA 00089 075 I�' I AS Reason Sidin. , .- .. r w .. ,, Year Class 2011 RATH AREA TIF AMD1 R R 100% Value Land Dwelling Building M/E Total Acres 5,510 23,720 0 0 0 29,230 0 Taxable Value Land Dwelling Building M/E Total 2,768 2,796 12,038 0 0 14,834 _ Corp Year Year Class 2010 RATH AREA TIF AMD1 R R 100% Value Land Dwelling Building M/E otal Acres 5,900 24,010 0 0 0 9,910 0 Taxable Value Land Dwelling Building M/E Total 2,768 2,863 11,652 0 0 14,515 Corp Year Class 2009 941131 - WATERLOO RATH AREA TIF AMD1 R 100% Value Land Dwelling Building M/E Total Acres 5,900 24,010 0 0 0 29,910 0 Taxable Value Land Dwelling Building M/E Total 2,768 11,263 0 0 14,031 _ Family Farm Credit TAX INFORMATION ASSES LEGAL IHAYES ADDITION ALL LOT 8 BLK 16 EXC W 45 FT LOT 9 BLK 16 http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891325405006 3/23/2012 .f. Tax District 941131 - WATERLOO RATH AREA TIF AMD1 Gross Value Taxable Value Military Exemption Levy Rate Gross Tax Net Tax Corp 29,910 14,515 0 42.69322 $619.69 $620.00 Nocorp 0 0 0 0 $0.00 Homestead Credit Disabled Veteran Credit Property Tax Relief Credit Ag Credit Family Farm Credit Corp $0.00 $0.00 $0.00 $0.00 $0.00 Nocorp $0.00 LEGAL IHAYES ADDITION ALL LOT 8 BLK 16 EXC W 45 FT LOT 9 BLK 16 http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891325405006 3/23/2012 Black Hawk County Detailed Parcel Report ITBasis Front Foot otals: Front Rear 75 75 Page 2 of 2 LAND Side 1 Side 2 132 132 DWELLING CHARACTERISTICS Lot rea Cres 0 19900 10.227 9900 0.227 YPe Style Single -Family / Owner Occupied 1 Story Frame Year Built �84a (Hest C , ttic 1901 I,, I, No (None Total Rooms Above rootal Rooms Below Bedrooms Above Below 4 'Bedrooms 0 Basement !Basement Finished Area Basement Floor INo 1/2 0 0 Foundation Flooring C Blk Carp / Vinyl Exterior Walls Interior Finish Asb Plas / Fiberbd Roof Asph / Gable Non -Base Floor/Wall Pipeless Heaters Heating 0 IHandfired !Space Plumbing 1 Full Bath < 1 Mtl Stall Shower Style Area Porch 1S Frame Enclosed 112 1S Frame Open 48 http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891325405006 3/23/2012 Description Year Built Quantity Plot No. Extended Description Sheds 1960 1 120 SF, Frame, Average Pricing http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891325405006 3/23/2012 Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: March 12, 2012 Prepared: March 7, 2012 Dept. Head Signature: # of Attachments: 7 6un 12.6t2, c6SEk /7-01001 OablAY1C-e 4. 5 SUBJECT: Request to set the date of public hearing as March 26, 2012 for a request by Dolly James, LLC for a site plan amendment in the "R-4, R -P" Planned Multiple Residence District generally located within the area bounded by the Cedar River and Sycamore Street, and E 8th Street and the Union Pacific railroad tracks, to allow for the construction of a multi -family housing development. Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: Approval. Summary Statement: Transmitted herewith is a request by Dolly James, LLC for a site plan amendment to the "R-4, R -P" Planned Multiple Residence district, which would allow for construction of six 12 -unit condos and six garage units on the property. The applicant is proposing the site plan amendment in order to construct six new 12-plex housing units. Each of the units would have 2 bedrooms. The development also includes constructing six garage units as well. The site plan shows 2 access points to the property; one access from Sycamore Street where vacated E 7th Street is, and along E 8th Street, south of Sycamore Street. The plan shows storm water detention along the northeast corner of the property. The Zoning Ordinance requires a total of 144 parking stalls, and the site plan shows a total of 145 parking stalls (80 outside stalls, 65 garage stalls). It would appear that the site plan would meet all requirements of the Zoning Ordinance, including setbacks, parking, etc. The request would appear to be beneficial to the area by adding quality housing to the area, and by reusing an otherwise vacant property. Expenditure Required: None Source of Funds: None required Policy Issue: Land Use and Economic Development Alternative: CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Background Information: The City of Waterloo has owned this property for several years now, and has been looking for a developer to develop this property. Legal Description: See attached Exhibit "A". AS:sg cc.' Noel Anderson, Community Planning & Development Director. --file-- EXHIBIT "A" THIS PLAT REPRESENTS A SURVEY OF PARCEL "R" That part of Lot Nos. 1,4,5,8,& 9 in Block 1 and all of Block 22 and Vacated East 7'h Street lying between- Block 1 & Block 22 and Vacated Water Street generally lying Southwesterly of Block 1 & Block 22, all lying in the "Original Plat on the East side of the Cedar River, City of Waterloo", and part of the fractional land lying between the Cedar River and Block 1 & Block 22 in the "Original Plat on the East side of the Cedar River, City of Waterloo", Black Hawk County, Iowa, described as follows: Beginning at the Easterly corner of said Block 22 in the "Original Plat on the East side of the Cedar River, City of Waterloo", point being a found 1/2" rebar with license #8033; thence along the Southeasterly line of said Block 22 in the "Original Plat on the East side of the Cedar River, City of Waterloo", also being the Northwesterly line of East 8th Street and along the Southeasterly line of Acquisition Plat dated 11/8/2002 recorded in File #2003-00025496 in the Office of the Black Hawk County Recorder South 40°43' West a distance of 334.75 feet to a set 1/2" rebar with license #6505; thence North 48°42' West a distance of 207.8 feet to a set 1/2" rebar with license #6505; thence North 39°33' West a distance of 102.55 feet to a set 1/2" rebar with license #6505; thence North 48°55' West a distance of 82.45 feet to a set 12" rebar with license #6505; thence North 73°54' West a distance of 104.5 feet to a set 1/2" rebar with license #6505; thence North 49°30' West a distance of 17.5 feet to Southwesterly extension of Plat of Survey dated 3/17/2006 recorded in Fee Book #2006 23029 in the Office of the Black Hawk County Recorder, point being a set 1/2" rebar with license #6505; thence along said Southwesterly extension North 40°483/4 East a distance of 87.6 feet to the Southwesterly corner of said Plat of Survey recorded in Fee Book #2006 23029, also being on the Southeasterly right-of-way line of the Union Pacific Railroad, point being a found' " rebar; thence along the Northwesterly line of said Plat of Survey recorded in Fee Book #2006 23029, also being along said Southeasterly right-of-way line of the Union Pacific Railroad North 40°483/' East a distance of 271.8 feet to the Southwesterly right-of-way of Sycamore Street, point being a set 1/2" rebar with license #6505; thence along said Southwesterly right-of-way of Sycamore Street South 49°07'07" East a distance of 124.5 feet to the Easterly corner of Lot 1 in said Block 1 of the "Original Plat on the East side of the Cedar River, City of Waterloo", also being the Northerly corner of Vacated East 7h Street, point being a found 11/4" square iron bar; thence along the Northeasterly line of said Vacated East 7th Street South 49°32' East a distance of 79.95 feet to the Northerly corner of Lot 2 in said Block 22 of the "Original Plat on the East side of the Cedar River, City of Waterloo", point being a found 1/2" rebar with license #7034; thence along the Southwesterly right-of-way line of said Sycamore Street South 490041/4' East a distance of 149.7 feet to the Northerly corner of Lot 1 of said Block 22 of the "Original Plat on the East side of the Cedar River, City of Waterloo", point being a found 1/2 rebar with license #3862; thence along said Southwesterly right-of-way line of Sycamore Street South 49°061' East a distance of 149.1 feet to the point of beginning. Containing 3.82 acres. Subject to restrictions, easements, covenants, ordinances, and limited access provisions of record and not of record. Note: The Northeasterly line of Lot 1 in said Block 1 of the "Original Plat on the East side of the Cedar River, City of Waterloo" is assumed to bear South 49°07'07" East for this description. SHEET 3 OF 5 Paul H. Helland, 1107 Technology Parkway, Cedar Falls, Iowa 50613-6951, (319)-266-0161 dilir I/iI:YWI 1111r,..A. 4 ttit._ �� ucrEo,valmnz m_e �, ��/�I//IIS �w��=or- _.„dish„„__.44ingan; - UNION PACIFIC RAILROAD SYCAMORE STREET FOUND NO. 4 REBAR w/YPC #8033 (80' R.O.W.) (ASSUMED BEARING) S 49°07'07" E 297.0' 7. m O CO S 49°32' E 79.95' THIS PLAT OR SUBDIVISION HAS BEEN REVIEWED BY' (CITY/COUNTY). SIGNATURE OF (CITY/COUNTY) DATE ORDINANCE ADMINISTRATOR SEE SHEET 2 FOR PROPOSED EASEMENTS SEE SHEET 3-5 (EXHIBIT "A") FOR LEGAL DESCRIPTIONS PARCEL LETTER APPROVED BY COUNTY AUDITOR'S OFFICE DEVELOPERS & SURVEY REQUESTED BY: BRENT DAHLSTROM & JAMES SULENTIC PROPRIETOR: CITY OF WATERLOO DATESOF SURVEY: 1/23,27/2012 & 2/1,2/2012 FOUND NO. 4 REBAR FOUND NO. 4 REBAR w/YPC #7034 w/YPC #3862 S 49°041/4' E S 49°06'/2 E --- 149.7' --- --- 149.1' -- 135.15' 2 37.35/ 124.5' (~O� 1 C.0 CoCry C, 3 FOUND 11/2"o.d. IRON PINCHED PIPE BLOCK 1 6 T • 4 rn vo 0 CO r7 00 P PARCEL "R" = 3.82 ACRES 2 FOUND NO. 4 REBAR w/YPC #8033 3 4 6 BLOCK22 5 al "ORIGINAL WATERLOO EAST" o77 8 N 49°10'/z' W 97.75' FOUND NO. 4 REBAR (TYPCIAL) VACATED N 59°16' W 27.95' i����" . WATER STREET now (80' /it 10 (80'R.O.W.) ____...0011111111111111 11 N 40°483/4' E 87.6' Wit 7'41 dii�� ��__`"\NX"\\ E �� .10 0�� A\\�\\\\\ CO CO � o C7, CO (n OD (moi, THIS SURVEY MEETS/OR EXCEEDS CURRENT "MINIMUM STANDARDS FOR PROPERTY SURVEYS" SEE DETAIL "A" CEDAR RIVER P.O.B. N 49°06'/z' W 80.0' --i S 40043 W 334.75' ,810Z M Zb°817 N (BEARINGS ARE ASSUMED) 0' 50' 100' 200' HELLAND ENGINEERING & SURVEYING, LTD. 1107 Technology Parkway Cedar Falls, Iowa 50613-6951 (319)-266-0161 X SHEET 1 OF 5 I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct personal pervision and that I am a duly licensed Land Surveyor r, a laws of the State of Iowa. P I H. Nelland License Number 6505 My license renewal date is December 31, 2013. All pages or sheets are covered by this seal except • SET NO. 4 REBAR X 24" LONG W/ORANGE PLASTIC CAP #6505 (00') RECORDED AS FILE NAME: 12-110P.DWG SCALE: 1" = 100' PROJECT #12-110 OPC PLASTIC CAP (0=ORANGE, R=RED, Y=YELLOW) • PLAT OF SURVEY OF BLOCK 22 & PART BLOCK 1, "ORIGINAL WATERLOO EAST" VACATED WATER ST., VACATED E. 7TH ST., & FRACTIONAL LAND LYING EAST OF CEDAR RIVER WATERLOO, BLACK HAWK COUNTY, IOWA FOR BRENT DAHLSTROM & JAMES SULENTIC Request for a Site Plan Amendment in the "R-4, R -P" Planned Multiple Residence District to allow for the Construction of a Multi -Family Housing Development. • rem. /•1�� -•- Vi=m .-a' aRmn1�w �.amEa "•MO "SITE PLAN" SYCAMORE STREET CONDOMINIUMS WATERLOO, BLACK HAWK COUNTY, IOWA FEBRUARY 2012 -- 33000.2.3...63.663 •ham s `gra—=1sd._p—._"_ °—°—°�—sr-Cs"-.11-,-6,+-Vt. p — %6 I 6 -6 —..."-,.—i @—Cir 4 i'Ir t =6-6 $� 1# t tr— MOMS �-� I miFc II r -i 1036335 0331311.•330.363T a • r -r II Ii i I • I LP 6111.33,13.3. ET a•raw I I; JEW 406 — 4136061.31. 3.63.106 V. b0.0133331 6336361110.3 TOM 1130333333 3.130. 0.3.366300.. 0603.3.33 a.,(t.MM;°33 f.W».s9.f,E 1.3036 a. 66330300115 0.66 33. 033.36060 36.103.1 031.363330.3046 .w03 331060333 0.3313 1133.033036 101 T 33 4.01111-693. 313 6313203. 43.3363.3133 1033311037.0 33139131.110.31.0 3.310.3 31023363160. racnia.7„MlaaLUtg.,711- 1.133.3.11136.1 .103,03.3:‘331=00.333101463312631. inn wU,BIC .61136313.33011.3033 34303110.0.363633 163.1316 Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: MARCH 12 Prepared: March 7, 2012 Dept. Head Signature: # of Attachments: 01 i Oa(r� ,we, No. 51.6(C D )hha Ni. POI-",.() SUBJECT: Resolution setting date of hearing as March 26, 2012 to approve request by Kwik Trip, Inc. to vacate, sell and convey the alley located within Block 7 of Does Addition subject to the retention of a utility easement over, under and upon the area to be vacated, and subject to the applicant constructing driveways off of South Street for 1009 South Street and 1017 South Street to allow for construction of additional parking for the adjacent Kwik Star store. Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: Set a date of hearing to approve a request to vacate, sell and convey the alley located within Block 7 of Does Addition. Summary Statement: Transmitted herewith is a request to vacate, sell and convey the alley located within Block 7 of Does Addition subject to the retention of a utility easement over, under and upon the area to be vacated, and subject to the applicant constructing driveways off of South Street for 1009 South Street and 1017 South Street to allow for construction of additional parking for the adjacent Kwik Star store. Expenditure Required: None Source of Funds: N/A Policy Issue: Vacate portion of public alley. Alternative: Don't vacate and leave the public alley open. Legal Description: See attached Background Information: The proposed alley vacate area consists a 300' x 20' alley located within Block 7 of Does Addition. The applicants have requested this alley be vacated to allow them to build a new parking area for the convenience store. CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer The applicant either owns or has arrangements to purchase all properties along both sides of the alley. Because of this, the alley is no longer needed to serve as access for any houses and would appear to not be needed for public road purposes. There would appear to be overhead electric present in the alley and a utility easement would need to be maintained. Staff would note that convenience store located at 506 W 9th Street currently appears to have approximately 10 spaces available for parking on site and an additional 12-13 spaces available from land they have previously purchased and rezoned across the alley. The Zoning Ordinance requires that 20 parking spaces be provided for a convenience store of this size. Currently the applicant appears to be meeting the minimum requirements but additional parking would appear to help alleviate congestion at peak hours. cc: Noel Anderson, Community Planning & Development Director Path: \ \Alomain \waterloo \USERS \Planning \Adam \Council Letters\letter vacate of public alley behind 506 W 9th Kwik Star 3.12,12.doc REQUEST: APPLICANT: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: DEVELOPMENT HISTORY: BUFFERS/ SCREENING REQUIRED: DRAINAGE: 3.6.12 alley vacate — Kwik Trip March 6, 2012 Request to vacate the alley located within Block 7 of Does Addition, to allow for the construction of a future parking lot for the convenience store. Kwik Trip Inc. 1626 Oak Street, La Cross WI, 54602 The applicant is requesting to vacate the alley located behind the existing Kwik Star store located at 506 W 9th Street to allow for the construction of a future parking lot for the convenience store. It would not appear that the vacate would have a negative impact upon the surrounding area or other surrounding land uses. The applicant owns all the land on both sides of the alley in question. The proposed vacate would not appear to have a negative impact on traffic conditions. The applicant owns both sides of the alley so the alley would appear to no longer appear to be needed. The 218 Trail is located approximately 400' to the northeast of the rezone area along the opposite side of Highway 218. The alley in not zoned, however, the proposed parking lot site in question is zoned "R-4" Multiple Residence District and has been since the adoption of the Zoning Ordinance in 1969 but is applying to be rezoned to "C-1" Commercial District. Surrounding land uses and their zoning are as follows: North — Highway 218 and "M-1" Light Industrial zoned property across the highway. South — Single-family and Multi -family residential development zoned "R-4" Multiple Residence District. Kwik Star does have an additional parking area located across the alley which was rezoned in November of 2000 from "R-4" Residential District to "C-1" Commercial District for the purpose of adding an additional 13 parking stalls. East —A convenience store zoned "C-2" Commercial District. West — Vehicle sales lot zoned "C-2" Commercial District. The surrounding area is comprised of single-family and multi -family residential development constructed near 1900 and commercial properties built in the 1970's. The land in question is proposed to be used as a parking lot. Vehicular use areas for commercial properties are required to be screened from nearby residentially zoned properties including the properties to the south. Drainage would not appear to be affected by the request. An appropriate drainage plan must be approved by the Engineering Page 1 of 3 55 FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: March 6, 2012 Department prior development. The property in question is not within the 100 -year flood plain and is located within the Zone X as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0302F, dated July 18, 2011. Lowell Elementary is located approximately 1/3 of a mile to the southeast along Highway 218. There is a 10" sanitary sewer located within South Street and a 18" storm sewer and 4 " drain tile located within 9th Street. There are no known utilities within the alley in question or within 8th Street. There appears to be overhead electric within the alley in question and an easement would need to be maintained. The Future Land Use Map designates this area as Mixed Residential, which would allow for neighborhood commercial development. The rezone request is in conformance with the Future Land Use Map and Comprehensive Plan, and is located within the Primary Growth Area. The proposed alley vacate area consists a 300' x 20' alley located within Block 7 of Does Addition. The applicants have requested this alley be vacated to allow them to build a new parking area for the convenience store. Staff would note that the applicant either owns or has arrangements to purchase all properties along both sides of the alley. Because of this, the alley is no longer needed to serve as access for any houses and would appear to not be needed. There would appear to be overhead electric present in the alley and a utility easement would need to be maintained. Staff would note that convenience store located at 506 W 9th Street currently appear to have approximately 10 spaces available for parking on site and an additional 12-13 spaces available from land they have previously purchased and rezoned across the alley. The Zoning Ordinance requires that 20 parking spaces be provided for a convenience store of this size. Currently the applicant appears to be meeting the minimum requirements but additional parking would appear to help alleviate congestion at peak hours. There is platting required as a part of this request. Therefore, staff recommends that the request to vacate the alley located within Block 7 of Does Addition, to allow for the construction of a future parking lot for the convenience store be approved for the following reasons: 1. The proposed vacate area is in conformance with the Comprehensive Plan and Future Land Use Map, which 3.6.12 alley vacate — Kwik Trip Page 2 of 3 56 March 6, 2012 designates this area as Mixed Residential, which would allow for neighborhood commercial development. 2. The site in question would not appear to have a negative impact on the neighborhood or traffic conditions. With the following condition(s): 1. That a utility easement is retained over under and upon the alley. 3.6.12 alley vacate — Kwik Trip Page 3 of 3 57 Request to Vacate Alley Located Behind Block 7 of Does Addition to Allow for the Construction of Future Parking 51S Kwik Trip, Inc Rezone/Alley Vacate Request Photos Looking at 519 W 8th Street. The applicant is purchasing this home to construct a new parking lot for the business. This property will need to be rezoned. Looking behind 1009 and 1017 South Street, where the applicant is purchasing some land to construct a new parking lot. This area will need to be rezoned. Looking at the alley to be vacated between W 9th Street and W 8th Street. Looking behind the business that the applicant recently acquired for their expansion. 60 City of Waterloo Planning & Zoning Department 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 ❑ Offer to Vacate and Purchase City Right -of -Way ❑ Request to Vacate Easement, Vacate Sidewalk, or Encroachment Agreement ❑ Sale of City -Owned Property Applicant: v,k 1 Ctf) .TI Address: 501, Ne - 1 '�' 54.4 Phone No.: General Description of Property to Vacated (i.e.- aIley between A St. & B St., South of C St.): Legal description of area to be conveyed, vacated, or encroached: © CLe/'mrr�c G+i eee c -Por a 11 5 Le- ra9Avelr+ In, g 1. A non-refundable filing fee(s) shall be made as follows (checks payable to City of Waterloo): • Right-of-way vacation — One Hundred Dollar ($100.00) Filing Fee • Easement or sidewalk vacation, or Encroachment - Fifty Dollar ($50.00) Filing Fee • Sale of city -owned property not required to be vacated — No Fee • Any request not meeting the Sale of Property Policy — One Hundred Dollar ($100.00) Fee 2. Offer Price*{Note: If the offer price meets the Sale of Property Policy (see attached) the request will not be required to be reviewed by the Building & Grounds Committee.] • Asking price (see attached Sale of Property Policy for how calculated): -06 DO 7R- M3 re -served • Deductions • May decrease price by 50% for area located within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs (8 yrs inside of the CURA): • Costs (surveying & mise., demolition, remove of curbs, etc): Asking price —Deductions = Value of Property: Offer Price for Entire Area: Note: The above information is a summary of the Sale of Property Policy (see attached). All requests to vacate and purchase City right-of-way must be accompanied by a signed "Intent to Vacate" form for each abutting property to the area to be vacated. Any request that fails to meet the Sale of Property Policy shall not be forwarded to the Building and Grounds Committee or City Council. Any such applicant shall need to request review to Building and Grounds through a City Council member. 3. Publication and Recording Fees*: At the time a buyer(s) has been selected, all publication costs and recording fees must be paid by the applicant. Applicant shall be responsible for collecting from other buyers. 4. Easement*: The following easement shall be retained: A u4-.'1,4--/ Pr- to - 7 - lam- (p -k 4I) 011)/ Le- l/teelel 5. Other: Please provide a site plan and/or aerial photo of the area to be vacated if the request involves additional construction as the reason for the request. 0-442--/kMd Applicant Date *Not required for easement vacates sidewalk vacates or Encroachment Agreements 59 Vacate & Conveyance Legal Description The 20 foot wide alley as platted in Block 7 of Doe's Addition in the City of Waterloo, Iowa lying Northwesterly of a line drawn from the Easterly most corner of Lot 10 said Block to the Southerly most corner of Lot 1 said Block, and lying Southeasterly of a line drawn from the Northerly most corner of Lot 6 said Block to the Westerly most corner of Lot 5 said Block, excluding the Southeasterly 3.63 feet thereof; subject to city's retention of a permanent utility easement over, under and upon all. Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: March 12 2012 Prepared: March 7 2012 Dept. Head Signature: e; # of Attachments: t /4,61( 3b(.0bP( 3%4 14; ‘%cit(( No, SO SUBJECT: Request to set the date of public hearing as March 26, 2012 for a request by Dolly James, LLC to vacate the existing easements located within the area bounded by the Cedar River and Sycamore Street, and E 8th Street and the railroad tracks, to allow for the construction of a multi -family housing development. Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: Approval. Summary Statement: Transmitted herewith is a request by Dolly James, LLC to vacate the existing easements within the property in order to construct six new 12 - unit housing units with accompanying garages on the property. The applicant is proposing the easement vacate in order to construct six new 12 - unit dwelling units. The existing easement is located over the entire area of vacated E 7th Street, as there exists sewer and water located within that area. Also, it is an access easement for the City to gain access to the pump station that is located at the end of E 7th Street along the Cedar River. The request to vacate would eliminate the easement over the entire area, and the applicant has supplied a new legal description to dedicate new easements where the sewer and water still are located. Essentially, the easement is being reduced in size in order to make room for the construction of the new buildings. The dedication of the new easements will be transmitted by a separate Council Communication. Expenditure Required: None Source of Funds: None required Policy Issue: Land Use and Economic Development Alternative: CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Background Information: The City of Waterloo has owned this property for several years now, and has been looking for a developer to develop this property. Legal Description: See attached Exhibit "A". AS:sg cc: Noel Anderson, Community Planning & Development Director. --file-- EXHIBIT "A" THIS PLAT REPRESENTS A SURVEY OF PARCEL "R" That part of Lot Nos. 1,4,5,8,& 9 in Block 1 and all of Block 22 and Vacated East 711 Street lying between Block 1 & Block 22 and Vacated Water Street generally lying Southwesterly of Block 1 & Block 22, all lying in the "Original Plat on the East side of the Cedar River, City of Waterloo", and pari of the fractional land lying between the Cedar River and Block 1 & Block 22 in the "Original Plat on the East side of the Cedar River, City of Waterloo", Black Hawk County, Iowa, described as follows: Beginning at the Easterly corner of said Block 22 in the "Original Plat on the East side of the Cedar River, City of Waterloo", point being a found 1/2" rebar with license #8033; thence along the Southeasterly line of said Block 22 in the 'Original Plat on the East side of the Cedar River, City of Waterloo", also being the Northwesterly line of East 8'" Street and along the Southeasterly line of Acquisition Plat dated 11/8/2002 recorded in File #2003-00025496 in the Office of the Black Hawk County Recorder South 40°43' West a distance of 334.75 feet to a set 1/2" rebar with license #6505; thence North 48°42' West a distance of 207.8 feet to a set 1/2" rebar with license #6505; thence North 39°33' West a distance of 102.55 feet to a set 1/2" rebar with license #6505; thence North 48°55' West a distance of 82.45 feet to a set 1/2" rebar with license #6505; thence North 73°54' West a distance of 104.5 feet to a set 1/2" rebar with license #6505; thence North 49°30' West a distance of 17.5 feet to Southwesterly extension of Plat of Survey dated 3/17/2006 recorded in Fee Book #2006 23029 in the Office of the Black Hawk County Recorder, point being a set 1/2" rebar with license #6505; thence along said Southwesterly extension North 40°48% East a distance of 87.6 feet to the Southwesterly corner of said Plat of Survey recorded in Fee Book #2006 23029, also being on the Southeasterly right-of-way line of the Union Pacific Railroad, point being a found 1/2" rebar; thence along the Northwesterly line of said Plat of Survey recorded in Fee Book #2006 23029, also being along said Southeasterly right-of-way line of the Union Pacific Railroad North 40°483/4 East a distance of 271.8 feet to the Southwesterly right-of-way of Sycamore Street, point being a set 1/2" rebar with license #6505; thence along said Southwesterly right-of-way of Sycamore Street South 49°07'07" East a distance of 124.5 feet to the Easterly corner of Lot 1 in said Block 1 of the "Original Plat on the East side of the Cedar River, City of Waterloo", also being the Northerly corner of Vacated East r Street, point being a found 11/4" square iron bar; thence along the Northeasterly line of said Vacated East 7'h Street South 49°32' East a distance of 79.95 feet to the Northerly corner of Lot 2 in said Block 22 of the "Original Plat on the East side of the Cedar River, City of Waterloo", point being a found 12" rebar with license #7034; thence along the Southwesterly right-of-way line of said Sycamore Street South 49°041/4' East a distance of 149.7 feet to the Northerly corner of Lot 1 of said Block 22 of the "Original Plat on the East side of the Cedar River, City of Waterloo", point being a found 1/2 rebar with license #3862; thence along said Southwesterly right-of-way line of Sycamore Street South 49°061/2' East a distance of 149.1 feet to the point of beginning. Containing 3.82 acres. Subject to restrictions, easements, covenants, ordinances, and limited access provisions of record and not of record. Note: The Northeasterly line of Lot 1 in said Block 1 of the "Original Plat on the East side of the Cedar River, City of Waterloo" is assumed to bear South 49°0707" East for this description. SHEET 3 OF 5 Request for a Vacate of the Existing Utility Easement Located on E 7th Street Southeast of Sycamore Street Proposed Utility Easement Vacate Legend Vacate Area 100 50 100 Feet REQUEST: APPLICANT GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USES: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: DEVELOPMENT HISTORY: BUFFERS/ SCREENING REQUIRED: DRAINAGE: FLOODPLAIN INFORMATION: PUBLIC/OPEN SPACES/SCHOOLS: March 6, 2012 TO VACATE THE EXISTING EASEMENTS LOCATED WITHIN THE AREA BOUNDED BY THE CEDAR RIVER AND SYCAMORE STREET, AND E 8TH STREET AND THE RAILROAD TRACKS, TO ALLOW FOR THE CONSTRUCTION OF A MULTI -FAMILY HOUSING DEVELOPMENT AND TO DEDICATE NECESSARY EASEMENTS. Dolly James, LLC, 401 Main Street, Cedar Falls, Iowa 50613. The applicant is proposing the easement vacate in order to construct six new 12 -unit housing units with accompanying garages on the property. Once vacated, the applicant will then dedicate new easements on the property. The request would not have a negative effect on the area, as the easement vacate will not affect any existing utilities, as the applicant will dedicate new easements. The surrounding area has a mix of homes and commercial businesses, as it is located adjacent to the Central Business District. The easement vacate would not have a negative impact on traffic, however the proposed use (multi -family housing) would appear to cause an increase in traffic in the area. Sycamore Street is classified as a Collector Street on the Street Classification Map, and based on the surrounding street network, the area would appear to adequately support a development such as this. There is currently a sidewalk adjacent to this property, and it would remain after the development of the housing units. The Downtown River Loop Trail is located along the Cedar River is located directly to the south. The property in question is zoned "R-4, R -P" Planned Multiple Residence District, and has been zoned as such since 04/17/06. Previously, the property was zoned "M-1" Light Industrial District. Properties to the north and west are zoned "C-3" Central Business District, while properties to the east are zoned "C-2" Commercial District and "M-1" Light Industrial District. The buildings on the property were constructed in the early 1900's, and will be demolished to make room for the proposed housing development. There would not be any screening requirements for this development, although landscaping will be required per the Zoning Ordinance. There are no known drainage problems for the site. The property is located within Zone X — Protected by Levee as indicated by the Flood Insurance Rate Map No. 190025 301F. The Cedar River is located adjacent to the south, as well as the 03-06-12 Sycamore St Condos Easement Vacate-Dedicate.doc Page 1 of 2 UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC: RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: March 6, 2012 Cedar River Recreational Trail. There is a 10" sanitary sewer line located within Sycamore Street, as well as a 12" water line. There is also a 15" storm sewer within Sycamore Street, which starts as the intersection of E 7th Street, and goes southeast. There is also a sanitary sewer located within vacated E 7th Street, and along the levee of the Cedar River, as well as a water line as well. An easement will need to be maintained over those utilities still located within vacated E 7th Street and along the levee system. The Future Land Use Map (February 3, 2003) designates this site as Semi -Public, Utilities, and Hospitals. The site plan amendment would allow for a new multi -family housing development. Although the request would not appear to be compatible with the designation of the site, the request would be in conformance with the goals and policies of the Comprehensive Plan, including the policy to continue to support infill development in the community as an alternative to other types of urban expansion. The site is located within the Primary Growth Area. The applicant is proposing the easement vacate in order to construct six new 12 -unit dwelling units. The existing easement is located over the entire area of vacated E 7th Street, as there is existing sewer and water located within that area. Also, it is an access easement for the City to gain access to the pump station that is located at the end of E 7th Street along the Cedar River. The request to vacate would eliminate the easement over the entire area, and the applicant has supplied a new legal description to dedicate new easements where the sewer and water still are located. Essentially, the easement is being reduced in size in order to make room for the construction of the new buildings. The applicant is not proposing to subdivide the property at this time. Therefore, staff recommends the request to vacate the easement and dedicate the new easements be approved for the following reasons: 1. The request would appear to have a positive impact on the area, by redeveloping an unused property. 2. The request would be in conformance with the Comprehensive Plan, and would be a good infill development that would utilize existing utilities and services. 3. The request would appear to meet all requirements of the Zoning Ordinance. 03-06-12 Sycamore St Condos Easement Vacate-Dedicate.doc Page 2 of 2 CITY OF WATERLOO Council Communication City Council Meeting: March 26, 2012 Prepared: March 16th, 2012 Dept. Head Signature: Dan Trelka, Director of Safety Services # of Attachments: Silver Eagle Harley Davidson/Buell FLHPI Lease Agreement SUBJECT: Request authorization to least two 2010 Harley-Davidson police motorcycles for a period of twelve months from Silver Eagle Harley-Davidson/Buell. Submitted by: Dan Trelka, Director of Safety Services Recommended City Council Action: Grant permission for the Police Department/City of Waterloo to least two 2010 Harley-Davidson Police FLHP motorcycles. Summary Statement: This is a one year lease to continue the motorcycle patrol that the Police Department uses during the summer months. Expenditure Required: Yes Source of Funds: General Funds Policy Issue: None Alternative: The Police Department does not own police motorcycles, without the lease there would be no motorcycle patrol enforcement. Background Information: None CITY OF WATERLOO Council Communication City Council Meeting: 03/26/12 Prepared: 03/20/12 Dept. Head Signature: PH # of Attachments: 0 SUBJECT: Resolution -to approve and authorize Mayor Clark to sign a Black Hawk County Gaming Association Grant Application. The application will be for $50,000. A copy of the grant request is available for review at the Leisure Services Office. Submitted by: Mark Gallagher, Sports Manager Recommended City Council Action: Pass said Resolution Summary Statement: This project will allow us to implement an extensive marketing program for the operation of the new Cedar Valley SportsPlex. Expenditure Required: 0 Source of Funds: NA Policy Issue: NA Alternative: NA Background Information: The Cedar Valley SportsPlex is expected to be open for business late in 2013. A professional marketing plan is needed to ensure a successful opening of the operation. CITY OF WATERLOO Council Communication City Council Meeting: March 26, 2012 Prepared: March 20, 2012 Dept. Head Signature: # of Attachments: PH SUBJECT: 2012 SULLIVAN PARK SHELTER PROJECT Submitted by: Rick Curran, Facilities Manager, Leisure Services Recommended City Council Action: Request Council adopt resolution transmitting Contracts, Bonds and Certificates of Insurance from B & B Builders & Supply, Waterloo Iowa for the 2012 SULLIVAN PARK SHELTER PROTECT, East Fourth & Adams Street, Waterloo, and approve and authorize the Mayor to sign Contract between City of Waterloo & B & B Builders & Supply. Summary Statement: This project is to construct an octagon shelter at Sullivan Park, East 4th Street & Adams Street, Waterloo Iowa. Expenditure Required: $51,956.00 Source of Funds: Project cost will be funded by a combination of Leisure Services -Park Improvement, G.O. Bond Fund and Waterloo Community Development Block Grant. Policy Issue: NA Alternative: NA Background Information: Waterloo Community Development Block Grant contract signed July 1, 2011 in the amount of $27,500.00, with completion date June 30, 2012. Council awarded Project March 19, 2012. CITY OF WATERLOO Council Communication City Council Meeting: March 26, 2012 Prepared: March 20, 2012 Dept. Head Signature: # of Attachments: PH SUBJECT: 2012 HIGHLAND PARK BASKETBALL & TENNIS COURT PROJECT Submitted by: Rick Curran, Facilities Manager, Leisure Services Recommended City Council Action: Request Council adopt resolution transmitting Contracts, Bonds and Certificates of Insurance from ASPRO, INC., Waterloo Iowa for the 2012 HIGHLAND PARK BASKETBALL & TENNIS COURT PROTECT, and approve and authorize the Mayor to sign Contract between City of Waterloo & Aspro, Inc. Summary Statement: This project is to construct a basketball and tennis court at Highland Park, North of Vine Street and West of Dietrick Street, Waterloo Iowa. Expenditure Required: $89,075.00 Source of Funds: Project cost will be funded by a combination of Waterloo G.O. Bond Fund, Leisure Services Tennis Improvement ($40,750.33) and Leisure Services -Park Improvement (remainder). Policy Issue: NA Alternative: NA Background Information: Highland Neighborhood Association requesting new Basketball and Tennis Courts. Old courts were removed in 2007 due to unsafe surfaces. Council awarded Project March 19, 2012. Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: March 26, 2012 Prepared: March 21, 2012 Dept. Head Signature: # of Attachments: 10 SUBJECT: Lease Agreement — property located on Riverside Drive just west of 903 Riverside Drive — Janet Kendall -Post. Submitted by: Aric Schroeder, City Planner CAROLYN COLE Recommended City Council Action: Approval Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 Summary Statement: Transmitted herewith is the request that the City approve a lease agreement with Janet Kendall -Post for property located on Riverside Drive just west of 903 Riverside Drive. Janet Kendall -Post is the owner of 903 Riverside Drive, which is abutting the land to be leased from the City, which was acquired through the Hazard Mitigation Grant Program (HMGP) Property Acquisition Project (flood buyout). Therefore, staff would request that the City Council approve the lease agreement with Janet Kendall -Post, to use and occupy the land in question. BOB Expenditure Required: None. GREENWOOD At -Large Source of Funds: N/A STEVE SCHMITT Policy Issue: Property Management At -Large Alternative: Background Information: The property in question is deed restricted and must be owned and maintained by the City of Waterloo as green space. The City of Waterloo is allowed to lease buyout property, as long as the terms of the lease are not in conflict with the deed restrictions. The proposed lease indicates a requirement that the lessee shall not use the property in any manner that is contrary to the deed restrictions, and a copy of the deed restrictions have been added as an exhibit to the lease. The lease is proposed at a rate of $1.00 per year, and the initial term of the lease is until December 31, 2012. It is anticipated that if both parties are in agreement, future renewal periods could have longer terms. Lease of the CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer property will allow the applicant to use the area as an extension of their existing yard, and requires that the lessee be responsible for all maintenance, including mowing the grass and snow removal. Because of the deed restrictions the property is unbuildable, and leasing it will avoid the City from having to pay to do mowing and snow removal. Legal Description: See attached Exhibit "A". cc: Noel Anderson, Community Planning & Development Director --file-- Lease of City Property West of 903 Riverside Drive Former 807 Riverside Dr LEASE AGREEMENT for CITY -OWNED PROPERTY This Lease Agreement (the "Agreement") is made and entered into this day of , 2012, by and between the Ci of Waterloo, Iowa (hereinafter referred to as "City"), and 1 -ANE -7- f �E/�7/qf L-� „sr (hereinafter referred to as "Lessee"). 1. The City agrees to allow the Lessee to use and occupy City property (the "Property") located on Riverside Drive just west of 903 Riverside Drive ("Lessee's Property"). The Property is known as assessor parcel nos. 891315451006, 891315451007, and part of 891315451009 and legally described in Exhibit "A" attached hereto and made a part hereof by this reference. Lessee shall use the Property only for activities incidental and customarily accessory to the use of their abutting residential property and as further allowed per the description in paragraph 4 below, and shall not use the Property for any other purpose whatsoever. 2. The City agrees to allow Lessee to use and occupy the Property for a term commencing on the day of , 2012, and terminating on the 31St day of December , 2012. The City agrees to lease the Property to the Lessee for the sum of $1.00 per year, payable in advance upon commencement of the lease term. 3. The City may terminate this Agreement, as to any part or all of the Property, upon thirty (30) days' written notice for any reason. Lessee may terminate this Agreement, in whole but not in part, upon thirty (30) days' written notice to the Waterloo Community Planning and Development Department (the "Department"). Upon termination of this Agreement for any reason, any improvements made to or upon the Property shall, unless removed by Lessee before the termination date, become the sole property of City, to be used, sold, destroyed or otherwise handled by City at its sole discretion. 4. Lessee agrees to maintain the Property, including but not limited to all required mowing and snow removal on the public sidewalk adjoining the Property along Riverside Drive. This will include reseeding and fertilizing when necessary. Lessee agrees to maintain the Property as a grass area only with any reseeding to be done with bluegrass grass seed only, or other seed approved in advance by the Department. Lessee may establish and maintain a garden on the Property in accordance with plans approved in advance by the Department, and may use the Property for private (non-commercial) recreational purposes, including but not limited to activities such as private recreational fires that meet the requirements of city ordinances, picnics, camping, etc. 5. The Property was acquired by the City through a Hazard Mitigation Grant Program (HMGP) with the Federal Emergency Management Agency (FEMA) and Iowa Homeland Security & Emergency Management Division (IHSEMD). As required by the HMGP, deed restrictions limit the use and maintenance of the Property. A copy of said deed 1 restrictions are attached as Exhibit "B" hereto and made a part hereof by this reference. Lessee shall not use the Property in any manner that is contrary to said deed restrictions. The Lessee shall not construct, place, or allow to be placed any buildings or structures except any incidental park -type structures that are individually and specifically approved in writing, in advance, by the Department. 6. In consideration of the rights and privileges granted to Lessee under this Agreement, Lessee hereby agrees to indemnify and hold the City harmless for any and all liability, claims, demands, actions, causes of action, and/or damages whatsoever, including but not limited to reasonable attorneys' fees, to any person or property which may arise out of or are in any way connected, whether directly or indirectly, with use of the Property by Lessee, its employees, agents or invitees, in any manner, and shall further indemnify the City for any damage to the Property caused by Lessee, its employees, agents or invitees. 7. Lessee shall, at its own expense, procure and maintain insurance in the minimum amount of $500,000 per occurrence, covering liability arising from the acts or omissions of Lessee, its employees, agents and invitees, and shall protect the City against such claims, damages, costs or expenses, including but not limited to reasonable attorneys' fees, on account of injury to any person or persons, or to the property of same, by reason of such casualty, accident or other occurrence on or about the Property during the term of this Agreement. Proof of insurance shall be delivered to City no later April 1, 2012, and for every year that the Agreement is renewed Lessee shall provide proof of continuing coverage before expiration of the policy. The City shall provide no insurance for the specific benefit of the property or activities of the Lessee, its agents, employees or invitees. 8. In the event any other person acquires a right of ingress and egress across the Property with prior written consent of the City, Lessee agrees to be responsible for any additional maintenance which may be necessary, at no cost to the City. 9. Lessee shall comply with all applicable environmental laws concerning application, storage and handling of chemicals (including, without limitation, herbicides and insecticides) and fertilizers. Lessee shall apply any chemicals used for weed or insect control at levels not to exceed the manufacturer's recommendation for the soil types involved. Chemicals may not be stored on the Property. Chemicals used on the Property shall be stored in clearly marked, tightly closed containers. No chemicals or chemical containers will be disposed of on the Property. Application of chemicals for lawn or garden purposes per manufacturer's recommendation shall not be construed to constitute disposal. Lessee shall immediately notify City of any chemical discharge, leak, or spill which occurs on the Property. Lessee shall employ all means appropriate to insure that contamination does not occur, and shall be responsible to follow all applicator's licensing requirements. Lessee shall properly post all fields (when posting is required) whenever chemicals are applied. Lessee shall not dispose of any substances, including but not limited to waste oil, tires, batteries, paint, other chemicals or containers, anywhere on the Property. Solid waste may 2 not be disposed of on the Property. No underground storage tanks shall be placed or maintained on the Property. After termination, Lessee shall remain liable for violations which occurred during the term of this Agreement. 10. The City may enter the Property at any reasonable time for the purpose of consulting with Lessee, viewing the Property, making improvements, or for other reasonable purposes that do not interfere with Lessee's ability to use the Property as provided herein. 11. Lessee shall not lease or sublet any part of the Property nor assign this Agreement to any other person without the prior written permission of the City. This Agreement is personal to Lessee, shall automatically terminate upon any voluntary or involuntary transfer of title to the Lessee's Property, and shall not transfer to any subsequent transferee of Lessee's Property, provided that a transferee shall have a right of first refusal to lease the Property from City, should City desire to lease the Property. 12. Lessee agrees that on termination of the Agreement, Lessee will yield possession of the Property to City without further demand or notice, in as good order and condition as at the beginning of the term of this Agreement. Loss or damage by forces beyond Lessee's control and ordinary wear and tear are excepted. 13. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between City and Lessee nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 14. If Lessee fails to observe any term or condition of this Agreement, it shall be in default of this Agreement, and City may then exercise any and all legal remedies available under applicable law. In the event of default Lessee shall be liable for any and all damage or loss suffered or incurred by City, including but not limited to reasonable attorneys' fees and expenses incurred in connection with the exercise of any right or remedy by City. 15. Any notice under this Agreement shall be in writing and shall be delivered in person or by United States certified mail, postage prepaid, and addressed to the other party at its last known address. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, or (ii) three (3) business days following the date of deposit if mailed by United States certified mail, postage prepaid. 16. This Agreement contains the entire Agreement between the parties. None of the covenants, provisions, terms of conditions of this Agreement will be in any manner modified, waived, or abandoned, except by written instrument duly signed by both parties. This Agreement is binding upon and shall inure to the benefit of the parties and their respective heirs, personal representatives, successors and assigns. 3 IN WITNESS WHEREOF, the parties have executed this Lease Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO LESSEE By: By: • •� ' + /' Mayor By: Attest: City Clerk CITY'S ACKNOWLEDGMENT: STA 1'E OF IOWA, BLACK HAWK COUNTY, SS: On this day of , 2012, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared and to me personally known, who, before by me duly sworn, did say that they are the MAYOR and CITY CLERK, respectively, of said City executing the within and foregoing instrument to which this is attached, that the seal affixed thereto is the seal of said City; that said instrument was signed and sealed on behalf of said City by authority of its City Council; and that the said MAYOR and CITY CLERK, acknowledged the execution of said instrument to be the voluntary act and deed of said City, by it and by them voluntarily executed. LESSEE'S ACKNOWLEDGMENT STATE OF IOWA, BLACK HAWK COUNTY, SS: Acknowledged before me 6 Notary Public on Mdfal� 4 , 2012, by Notary Public EXHIBIT "A" LEGAL DESCRIPTION Lots Nos. 1 and 2 in Block No. 7 in Division "A", Cedar River Park, Waterloo, Iowa; And A part of Division "C" in Cedar River Park in Waterloo, Iowa, described as follows, to -wit: Commencing at the Northeast corner of Lot No. 1 in Block No. 7 in Division "A" in Cedar River Park, Waterloo, Iowa, thence running North along an extension of the East line of said Lot No. 1 to its intersection with a Westerly extension of the North line of Lot No. 4 in Block 36 in Auditor Rainbows Cedar River Park Plat No. 2; thence running Westerly along the extension of the North line of Lot No. 4 in said Block 36 approximately 80 feet to its intersection with a Northerly extension of the West line of Lot No. 2 in said Block No. 7; thence Southerly along said extension of the West line of said Lot No. 2 to the Northwest corner of said Lot No. 2; thence Easterly along the Northerly lines of Lots Nos. 2 and 1 in said Block No. 7 to place of beginning. 5 EXHIBIT "B" Deed Restriction Addendum Hazard Mitigation Assistance (HMA) Program In reference to the property or properties ("Property") conveyed by the Deed between the property owners indicated below who are participating in the federally -assisted acquisition project ("the Grantor") and the City of Waterloo, Iowa ("the Grantee"), its successors and assigns: WHEREAS, The- Robert T. Stafford Disaster Relief and Emergency Assistance Act, ("The Stafford Act"), 42 U.S.C. § 5121 et seq., identifies the use of disaster relief funds under § 5170c, Hazard Mitigation Grant Program ("HMGP"), including the acquisition and relocation of structures in the floodplain; and WHEREAS, the mitigation grant program provides a process for a local government, through the State, to apply for federal funds for mitigation assistance to acquire interests in property, including the purehase of structures in the floodplain, to demolish and/or remove the structures, and to maintain the use of the Property as open space in perpetuity; and WHEREAS, the State of Iowa has applied for and been awarded such funding from the Department of Homeland Security, Federal Emergency Management Agency ("FEMA") and has entered into a mitigation grant program Grant Agreement dated June 6, 2008, with FEMA and herein incorporated by reference; making it a mitigation grant program grantee; and WHEREAS, the Property is located in the City of Waterloo, Iowa, and the City of Waterloo, Iowa, participates in the National Flood Insurance Program ("NFIP") and is in good standing with NFIP as of the date of the Deed; and WHEREAS, the City of Waterloo, Iowa, has applied for and been awarded federal funds pursuant to an agireement with the State of Iowa dated August 11, 2009 ("State -Local Agreement"), and herein incorporated by reference, making it a mitigation grant program subgrantee; and WHEREAS, the terms of the mitigation grant program statutory authorities, Federal program requirements consistent with 44 C.F.R. Part 80, the Grant Agreement, and the State -local Agreement require that the Grantee agree to conditions that restrict the use of the land to open space in perpetuity in order to protect and preserve natural floodplain values; NOW, THEREFORE, the grant is made subject to the following terms and conditions: 1. Terms. Pursu' not to the terms of the HMG program statutory authorities, Federal program requirements consistent with 44 C.F.R. Part 80, the Grant Agreement, and the State -local Agreement, the following conditions and restrictions shall apply in perpetuity to the Property described in the attached deed and acquired by the Grantee pursuant to FEMA program requirements concerning the acquisition of property for open space: a. Compatible uses. The Property shall be dedicated and maintained in perpetuity as open space for the conservation of natural floodplain functions. Such uses may include: parks for outdoor recreatiobal activities; wetlands management; nature reserves; cultivation; grazing; camping (except where adequate warning time is not available to allow evacuation); unimproved, unpaved parking lots; buffer zones; and other uses consistent with FEMA guidance for open space acquisition, Hazard Mitigation Assistance, Requirements for Property Acquisition and Relocation for Open Space. b. Structures. No new structures or improvements shall be erected on the Property other than: i. A public facility that is open on all sides and functionally related to a designated open space or recreational use; ii. A public rest room; or iii. A structure that is compatible with open space and conserves the natural function of the floodplain, including the uses described in Paragraph 1.a., above, and approved by the FEMA Administrator in writing before construction of the structure begins. Any improvements on the Property shall be in accordance with proper floodplain management policies and practices. Structures built on the Property according to paragraph b. of this section shall be floodproofed or elevated to at least the base flood level plus 1 foot of freeboard, or greater, if required by FEMA, or if required by any State, Tribal, or local ordinance, and in accordance with criteria established by the FEMA Administrator. c. Disaster Assistance and Flood Insurance. No Federal entity or source may provide disaster assistance for any purpose with respect to the Property, nor may any application for such assistance be made to any Federal entity or source. The Property is not eligible for coverage under the NFIP for damage to structures on the property occurring after the date of the property settlement, except for pre-existing structures being relocated off the property as a result of the project. d. Transfer. The Grantee, including successors in interest, shall convey any interest in the Property only if the FEMA Regional Administrator, through the State, gives prior written approval of the transferee in accordance with this paragraph. 1. The request by the Grantee, through the State, to the FEMA Regional Administrator must include a signed statement from the proposed transferee that it acknowledges and agrees to be bound by the terms of this section, and documentation of its status as a qualified conservation organization if applicable. ii. The Grantee may convey a property interest only to a public entity or to a qualified conservation organization. However, the Grantee may convey an easement or lease to a private individual or enti.<ty for purposes compatible with the uses described in paragraph (a), of this section, with the prior approval of the FEMA Regional Administrator, and so long as the conveyance does'not include authority to control and enforce the terms and conditions of this section. 2 iii. If title to the Property is transferred to a public entity other than one with a conservation mission, it must be conveyed subject to a conservation easement that shall be recorded with the deed and shall incorporate all terms and conditions set forth in this section, including the easement holder's responsibility to enforce the easement. This shall be accomplished by.one of the following means: a) Thi Grantee shall convey, in accordance with this paragraph, a conservation easement to an entity other than the title holder, which shall be recorded with the deed, or b) At the time of title transfer, the Grantee shall retain such conservation easement, and record it with the deed. iv. Conveyance of any property interest must reference and incorporate the original deed restrictions providing notice of the conditions in this section and must incorporate a provision for the property interest to revert to the State, Tribe, or local government in the event that the transferee ceases'to exist or loses its eligible status under this section. 2. Inspection. FEMA, its representatives and assigns including the State or Tribe shall have the right to enter upon the Property, at reasonable times and with reasonable notice, for the purpose of inspecting the Property to ensure compliance with the terms of this part, the Property conveyance and of the grant award. 3. Monitoring and Reporting. Every three years after the date this deed is recorded, the Grantee (mitigation grant program subgrantee), in coordination with any current successor in interest, shall submit through the State to the FEMA Regional Administrator a report certifying that the Grantee has inspected the Property within the month preceding the report, and that the Property continues to be maintained consistent with the provisions of 44 C.F.R. Part 80, the property conveyance, and the grant award. 4. Enforcement.: The Grantee (mitigation grant program subgrantee), the State, FEMA, and their respective represntatives, successors and assigns, are responsible for taking measures to bring the Property back into compliance if the Property is not maintained according to the terms of 44 C.F.R. Part 80, the property conveyance, and the grant award. The relative rights and responsibilities of FEMA, the State, the Grantee, and subsequent holders of the property interest at the time of enforcement, shall include the following: a. The State}will notify the Grantee and any current holder of the property interest in writing and advise them that they have 60 days to correct the violation. i. If the Grantee or any current holder of the property interest fails to demonstrate a good faith effort to come into compliance with the terms of the grant within the 60 -day period, the State shall enforce the terms of the grant by taking any measures it deems appropriate, including but not limited td bringing an action at law or in equity in a court of competent jurisdiction. ii. FEMA; its representatives, and assignees may enforce the terms of the grant by taking any measures it deems appropriate, including but not limited to 1 or more of the following: 3 a) Withholding FEMA mitigation awards or assistance from the State or Tribe, and Grantee; and current holder of the property interest. b) Requiring transfer of title. The Grantee or the current holder of the property interest shall bear the costs of bringing the Property back into compliance with the terms of the grant; or c) Bringing an action at law or in equity in a court of competent jurisdiction against any or all of the following parties: the State, the Tribe, the local community, and their respective successors. 5. Amendment. This agreement may be amended upon signatures of FEMA, the State, and the Grantee only to the extent that such amendment does not affect the fundamental and statutory purposes underlying the agreement. 6. Severability.:. Should any provision of this grant or the application thereof to any person or circumstance be found to be invalid or unenforceable, the rest and remainder of the provisions of this grant and their application shall not be affected and shall remain valid and enforceable. GRANTORS Sandra A. Schipper Paul H. Schipper 4 GRANTEE City of Waterloo, Iowa / By: .0710 Title: